Terms of Service
UPBOOK TERMS OF SERVICE
UPbook (™) provides telecommunications services, including local exchange telephone service, on a month to month basis. Failure to make payments for charges for telecommunications services incurred may result in disconnection of service following notification. The service is furnished subject to the condition that it will not be used for any unlawful purpose.
AVAILABILITY OF FACILITIES
UPbook (™) will use reasonable efforts to make services available to you on or before a particular date, but does not guarantee availability by any such date and will not be liable for any delays in commencing service to any customer.
UPbook (™) reserves the right to limit or to allocate the use of existing facilities, or of additional facilities, when necessary because of lack of facilities, or due to some other cause beyond the company’s control. The furnishing of telecommunications services is subject to the continuing availability of all necessary rights and facilities and is limited to the capacity of UPbook’s(™)’ facilities and facilities UPbook (™) may obtain from other carriers from time to time as required at its sole discretion.
EMERGENCY 911 AND E911 SERVICES
UPbook’s (™) Voice Over IP service provides 911 or E911 emergency calling access to police, fire and medical services. By entering into the Contract, Customer agrees and consents to the release of information under the 911 or E911 services.
With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.
If you do not provide the correct address when you register for the services or if you relocate your UPbook (™) EMTA Equipment to a new address and do not register the new address with UPbook, 911/E911 may fail in two ways: (i) 911/E911 calls may be misdirected to the wrong emergency authorities, and (ii) emergency authorities will be given the wrong address for the origin of your E911 calls. Do not relocate the UPbook (™) EMTA Equipment for any reason without contacting UPbook (™) Communications and following the procedures outlined in the section describing UPbook (™) EMTA Equipment.
During service outage, service suspension, power failure or disruption, 911/E911 will not function in the event of a power failure or other disruption in service, such as termination or suspension of your account or service by UPbook (™) for nonpayment or your breach of the Agreement.
Customers in locations where the emergency center is not properly equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your location, so you must be prepared to give them this information. Until you give the operator your phone number, they may not be able to call you back or dispatch help if the call is not completed, dropped or disconnected.
If Customer has call forwarding, do not disturb, or other features programmed and in use at the time Customer dials a 911 call and Customer’s 911 call is interrupted, the emergency dispatcher may not be able to call Customer back at the phone from which Customer dialed the call. Existing emergency response systems are not always technically capable of receiving and/or passing routing information properly. Accordingly, emergency personnel may not be able to identify your phone number in order to call you back if your call is not completed, dropped or disconnected, or if you are unable to speak to tell the emergency dispatcher or operator your phone number and/or if the service is not operational for any reason.
REGULATORY FEES AND TAXES
You are responsible for the payment of line items on your bill associated with regulatory and non-regulatory assessments and surcharges, privilege and license fees, and local, state and federal taxes assessed upon UPbook(™) by governmental jurisdictions, all of which are separately designated on your bill, taxes imposed by a local jurisdiction (i.e., county and municipality) are recovered only from those customers residing in that local jurisdiction. FEDERAL UNIVERSAL SERVICE FUND FEE (FUSF) is a federal fee for a fund that helps bring affordable basic phone service to all Americans, including schools, libraries and rural health care providers. All telecommunication companies, including long distance, local, wireless and pay phone providers, add this charge to cover their required support for the fund. The fee is set by the FCC.
STATE SALES TAX AND LOCAL SALES AND USE TAXES
According to state law, state and local taxes are levied on tangible personal property and taxable services, including amusement services, cable television services, personal services, repair and remodeling services, aircraft services, telecommunications services, real property services, and data processing services. These taxes are considered a part of the total sales price of the telecommunications services provided by UPbook(™). State sales taxes, and local sales and use taxes are collected by UPbook(™) on a monthly basis and the proceeds are passed on to the appropriate state or local governmental entity.
CANCELLATION OF SERVICE BY CUSTOMER
If Customer cancels the service for any reason, the Customer is obligated to pay the unpaid balance of charges owed to UPbook(™). Such charges will become due and owing on the effective date of the cancellation. Upon cancellation, Customer is obligated to return all equipment within 10 business days, UPbook(™) reserves the right to continue the billing cycle or charge the MSRP price for the non-returned equipment. Cancellation will occur once UPbook(™) has received all the equipment. Supplied equipment must be in working condition taking into account normal wear and tear. If not, Customer will be billed applicable fees for lost or damaged supplied equipment.
CUSTOMER PAYMENT OF BILL
Customer is responsible for payment of all charges for services furnished by UPbook(™) that appear on Customer’s monthly bill. Recurring charges will be billed monthly, in advance of the month in which service is provided.
Customer acknowledges the UPbook(™) subscription automatically renews each month and Customer consents to accept responsibility for all recurring charges to previously approved payment method without further authorization from Customer and without further notice.
Customer acknowledges the recurring dollar value may change if there has been a change in applicable fees or if applicable tax rates change.
INTERNET TERMS & CONDITIONS
By using the UPbook(™) Service this Agreement binds Customer to the terms and conditions found in the below Service Terms and any other terms and conditions applicable to the Services set forth, including without limitation, Service Guides, State and Federal regulations, and the General Terms.
Customer acknowledges receipt and acceptance of the General Terms by using the UPbook Service.
Customer acknowledges and accepts that Customer is solely responsible for protecting its network, equipment and the software through the use of firewalls, anti virus and other security devices.
Customer further acknowledges and accepts that Customer is solely responsible for fraudulent activity and related charges that result from Customer’s failure to protect its network, equipment and software.
The price quoted does not include applicable taxes, fees, assessments or surcharges which are additional and may change.
If Customer terminates any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases.
GENERAL TERMS
The General Terms are hereby incorporated into this Agreement by reference. UPbook(™), in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon UPbook(™) publishing such changes on their website.
By executing this agreement and.or using or paying for services, Customer acknowledges that they have read, understood, and agreed to be bound by the General Terms.
11.LIMITATION OF LIABILITY
UPbook(™) and/or its Agents shall not be liable for damages for failure to furnish or interruption of any services, not shall UPbook(™) and/or its Agents shall not be responsible for failure of errors in final transmission, lost data, files or software damage regardless of the cause.
UPbook(™) and/or its Agents shall not be liable for damage to property, or for any injury to any person arising from the installation or removal of equipment.
Under no circumstances will UPbook(™) and/or its Agents be liable for any indirect, incidental, special, or consequential damages, including lost profits, arising from this agreement or provision of services.
Customer acknowledges that UPbook(™) does not manage or control any user data that Customer may access, store, or distribute through using the service, and UPbook(™) accepts no liability or responsibility for this information regardless of how user data is transmitted or by Customer in breach of this agreement.
UPbook(™) makes no warranty to user data that Customer may distribute, store, or access through the UPbook(™) service.
UPbook(™) makes no warranty that user data will be free from malicious code such as viruses, worms or other malware programs.
Customer agrees to waive, and does waive, any equitable rights or legal remedies they have against UPbook(™) in regards to third party data you choose to access or distribute through the UPbook(™) service.
12. DATA PRIVACY
If you are a customer, we may ask you to provide us with certain information, such as your name, postal address, email address, and employer. You do not have a statutory or contractual obligation to provide us with your information; however, certain information may be required in order to enter into a contract with us. We may also collect information from third parties, such as other users of our services (e.g., we may receive your email address from a customer that provides it to us in order to invite you to our services). We also collect data, specifically including audio recordings, about you automatically through your use of our services. We may combine the information that we collect directly from you with information that we collect from third parties and/or automatically. We may securely retain any information collected from or about you indefinitely and use same for commercial purposes, including use by third parties with which UPbook conducts business.
13. WARRANTIES
Except as provided in this agreement, there are no other agreements, warranties, or representations, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose relating to the services.
Services provides are a best effort service and UPbook (™) does not warrant that the services, equipment, or software shall be error-free or without interruption.
Internet and WiFi speeds will vary and UPbook (™) makes no warranty as to transmission, or upstream, or downstream speeds of the network.
We are excited to get started with you & your Front Desk!
– The UPbook Team