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GREAT LINK
TELECOM INC
I. THE AGREEMENT
These Terms and Conditions constitute the agreement
(the "Agreement") between Great Link
Telecom, Inc. ("GLT", us or we) and
the user ("you," "user"
or "Customer") of Great Link Telecom's
(GLT) residential and small business communications
services and any related products or services
("Service"). For purposes of the Agreement,
"you" means the customer, defined
as either (i) the person identified in Great
Link's account records as responsible for payment
of all charges; or (ii) any other person with
actual or apparent authority to represent that
person or to use the service(s).
BY ENROLLING IN, USING, OR PAYING FOR THE GREAT
LINK TELECOM SERVICES, YOU AGREE TO THE PRICES,
CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE PRICES, CHARGES,
TERMS AND CONDITIONS, DO NOT USE THE SERVICES,
AND CANCEL THE SERVICES IMMEDIATELY BY CALLING
GREAT LINK TELECOM AT THE TOLL FREE NUMBER ON
THE FIRST PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.
The Agreement governs the Service and any devices,
such the Analog Telephone Adapter or any other
IP connection device ("Device" or
"Equipment"), used in conjunction
with the Service. By activating the Service,
you acknowledge that you have read and understand,
and you agree to, the terms and conditions of
the Agreement, and you represent that you are
of legal age to enter the Agreement and become
bound by its terms.
Great Link may change the Terms and Conditions
of the Agreement from time to time. Notices
will be considered given and effective on the
date posted at www.Greatlinktel.com. The Agreement
posted supercedes all previously agreed to electronic
and written Terms and Conditions.
The rates and charges for the Service, which
may be found at www.Greatlinktel.com, are effective
as of January 1, 2005 and are subject to change.
For your most current rates and charges, the
most current version of the Agreement, or if
you have questions about your services, please
visit our website at www.Greatlinktel.com (see
Rates and Terms & Conditions link) or call
us at the toll-free number listed on the first
page of your invoice.
II. EMERGENCY CALLING
SERVICE EMERGENCY DIALING
A. Non-Availability of Traditional 911 or E911
Dialing Service:
You acknowledge and understand that the Service
does NOT support traditional 911 or E911 access
to emergency services or what ever number associated
with emergency services in the country where
this service is in use. Great Link does not
offers Emergency Calling Service available only
on Great Link Telecom Devices as described herein,
but you acknowledge and understand that such
Emergency Calling Service dialing is different
in a number of important ways from traditional
911 services, as described herein. Great Link
Emergency Calling Service dialing is not available
on Great Link-certified Devices or Equipment.
You agree to inform any household residents,
guests and other third persons who may be present
at the physical location where you utilize the
Service as to the non-availability of traditional
911 or E911 dialing from your Great Link Service
and Device(s). If you activate Great Link Telecom
Calling Service dialing, you agree to inform
any household residents, guests and other third
persons who may be present at the physical location
where you utilize the Service as to the important
differences and limitations & non availability
of Great Link Emergency Calling Service dialing
as compared with traditional 911 or E911 or
any other Emergency dialing associated, as set
forth in this Agreement.
III. SERVICE
A. Term
Service is offered on a monthly basis for a
term which begins on the date that Great Link
Telecom activates your Service (the "Activation
Date") and ends on the day before the same
date in the following month. Subsequent terms
of this Agreement automatically renew on a monthly
basis without further action by you unless you
give Great Link written notice of non-renewal
at least ten [10] days before the end of the
monthly term in which the notice is given. You
are purchasing the Service for full monthly
terms, meaning that if you attempt to terminate
Service prior to the end of a monthly term,
you will be responsible for the full month's
charges to the end of the then-current term,
including without limitation unbilled charges,
plus any applicable disconnect fee, all of which
immediately become due and payable. Expiration
of the term or termination of Service does not
excuse the Customer from paying all unpaid,
accrued charges due in relation to the Agreement.
B. Disconnect Fee
If Customer cancels the Service for any reason
or for convenience within twelve (12) months
of the Activation Date, Customer will be charged
a disconnect fee of $25.00 per voice line upon
cancellation of Service by Customer. The disconnect
fee becomes due and payable immediately upon
cancellation and will be billed directly to
Customer's credit card. If Customer has multiple
lines, Customer will be charged a disconnect
fee of $25.00 per line for each line cancelled.
Customer will not be charged a disconnect fee
for changing rate plans, while keeping the same
number of lines. Disconnect fee shall not be
charged to customers who purchase Great Link
approved Equipment from a retailer.
C. Money Back Guarantee
Great Link offers a 30-day money back guarantee,
applicable to one primary line per account,
not additional or secondary lines. Under terms
of the Money-Back Guarantee, Great Link refunds
the activation fee, first month of service and
waives the disconnect fee. Great Link reserves
the right to terminate or revoke the Money-Back
Guarantee at any time, without prior notice.
User must cancel service within 30 days of the
Activation Date. Usage must not exceed 500 minutes
within the first 30 days of service. User is
responsible for any charges for overage, international
traffic or directory assistance. Cancellation
may take up to two business days. Any usage
after contacting Great Link is Customers responsibility.
Accounts exceeding 500 minutes of usage are
not eligible for refund. User may not port away
a new phone number (DID) if User cancels within
thirty days.
All returned equipment must be in the original
packaging with the UPC or bar code intact. All
components, manuals and registration card(s)
must be included. Equipment must be returned
with a valid return authorization number obtained
from Great Link Customer Care. User is responsible
for return shipping of equipment. The money
back guarantee will not be honored if user fails
to meet all above requirements.
Customers who purchase Great Link approved Equipment
from a retailer shall not be charged an activation
fee or disconnect fee. Customers who purchase
Great Link approved Equipment from a retailer
should not return said Equipment to Great Link
when canceling service and shall receive the
Money Back Guarantee, upon meeting all other
terms listed above.
D. Residential Use of Service and Device
If you have subscribed to Great Link's residential
services, the Service and Device are provided
to you as a residential user, for your personal,
residential, non-business and non-professional
use. This means that you are not using them
for any commercial or governmental activities,
profit-making or non-profit, including but not
limited to home office, business, sales, tele-commuting,
tele-marketing, autodialing, continuous or extensive
call forwarding, fax broadcast, fax blasting
or any other activity that would be inconsistent
with normal residential usage patterns. This
also means that you are not to resell or transfer
the Service or the Device to any other person
for any purpose, or make any charge for the
use of the Service, without express written
permission from Primus in advance. You agree
that your use of the Service and/or Device,
or the use of the Service and/or Device provided
to you by any other person for any commercial
or governmental purpose will obligate you to
pay Great Link's higher rates for commercial
service on account of all periods, including
past periods, in which you use, or used, the
Service for commercial or governmental purposes.
Great Link reserves the right to immediately
terminate or modify the Service, if Great Link
determines, in its sole discretion, that Customer's
Service is being used for non-residential or
commercial use.
E. Business Use of Service and Device
If you have subscribed to GLT's Business Plan,
the Service and Device are provided to you as
a small business user. This means that you are
not to resell or transfer the service or device
to any other person for any purpose. You agree
that the Great Link Business Plan does not confer
the right to use the service for auto-dialing,
continuous or extensive call forwarding, telemarketing,
fax broadcasting or fax blasting. GLT reserves
the right to immediately terminate, modify or
upgrade the Service, if GLT determines, in its
sole discretion, that Customer's Service is
being used for any of these. If you have a residential
plan and using the Services for business purposes
GLT reserves the right to cancel.
F. Notice of Rate Changes
Great Link Telecom may change the prices and
charges for the Services from time to time.
We may decrease prices without providing advance
notice. Changes to any other rates, charges,
or terms or conditions in the Agreement will
be published at www.Greatlinktel.com and will
be incorporated by reference into this Agreement.
G. Rounding Policy
For billing purposes, the length of each metered
call is rounded as described in each Calling
Plan. If the computed charge for a call includes
a fraction of a cent, the fraction is rounded
up to the nearest whole cent. If the computed
charges for taxes and surcharges include a fraction
of a cent, the fraction is rounded up to the
nearest whole cent.
H. Calls to International Mobile Telephones;
International Special Services Calls
GLT's advertised rates for international calls
are generally the rates charged for calls to
landline telephones. Some calls to international
mobile telephones, or to international telephone
numbers considered to be special services calls,
are charged a different (usually higher) rate
than calls to landline telephones. The rates
you will be charged are set forth in the calling
plan rate tables and are typically designated
by a "MOB", "cellular",
"mobile" or "M" notation.
I. Timing of Calls
Generally, timing of metered calls begins when
the called party or an automated answering device
(such as an answering machine or a facsimile
machine) answers the call, and ends when one
of the parties disconnects from the call. However,
some foreign carriers (with whom GLT must interconnect
in order to terminate calls to foreign countries)
designate a call as "answered" when
the called party's line rings or after a certain
number of rings, and will charge GLT for a completed
call. In these situations, GLT will charge for
the call as if it were answered by the called
party.
J. Use of Service and Device by Customers
Outside the United States:
Great Link Telecom does not presently offer
or support the Service to customers located
in other countries. If you use the Device in
a country other than the United States and use
the Service from there, you do so at your own
risk, including the risk that such activity
may violates local laws in the country where
you do so. You are liable for any and all use
of the Service and/or Device by any person making
use of the Service or Device provided to you.
K. Loss of Service Due to Power Failure
The Service does not function without power.
Should there be an interruption in the power
supply, the Service will not function until
power is restored. A power failure or disruption
may require you to reset or reconfigure equipment
before using the Service. Power disruptions
or failures will also prevent dialing to emergency
service numbers including the Emergency Calling
Service calling feature.
L. Copyright / Trademark / Unauthorized Usage
of Device, Firmware or Software
The Service and Device and any firmware or software
used to provide the Service or provided to Customer
in conjunction with providing the Service, or
embedded in the Device, and all Services, information,
documents and materials on Great Link Telecom's
website(s) are protected by trademark, copyright
or other intellectual property laws and international
treaty provisions. All websites, corporate names,
service marks, trademarks, trade names, logos
and domain names (collectively "marks")
of Great Link are and shall remain the exclusive
property of Great Link and nothing in this Agreement
shall grant you the right to right or license
to use such marks. You acknowledge that you
are not given any license to use the firmware
or software used to provide the Service or provided
to Customer in conjunction with providing the
Service, or embedded in the Device, other than
a nontransferable, revocable license to use
such firmware or software (without making any
modification thereto) strictly in accordance
with the terms and conditions of this Agreement,
and that the Device is exclusively for use in
connection with the Service. If you decide to
use the Service through an interface device
not provided by GLT, which GLT reserves the
right to prohibit in particular cases or generally,
you promise that you possess all required rights,
including software and/or firmware licenses,
to use that interface device with the Service
and you will indemnify and hold harmless Great
Link against any and all liability arising out
of your use of such interface device with the
Service.
M. Tampering with the Device
You agree not to change the electronic serial
number or equipment identifier of the Device,
or to perform a factory reset of the Device,
without express permission from GLT. GLT reserves
the right to terminate your Service should you
tamper with the Device, leaving you responsible
for the full month's charges to the end of the
current term, including without limitation unbilled
charges, plus any applicable disconnect fee,
all of which immediately become due and payable.
N. Theft of Service
You agree to notify GLT immediately, in writing,
by electronic mail or by calling the GLT customer
support line, if the Device is stolen or if
you become aware at any time that your Service
is being stolen or fraudulently used. When you
call or write, you must provide your account
number and a detailed description of the circumstances
of the Device theft or fraudulent use of Service.
Failure to do so in a timely manner may result
in the termination of your Service and additional
charges to you. You will be liable for all use
of the Service using a Device stolen from you
and any and all stolen Service or fraudulent
use of the Service. Not with standing anything
herein to the contrary, credits will not be
issued for charges resulting from fraud that
arises out of third parties hacking into your
equipment or the internet. This includes, but
is not limited to, modem hijacking, wireless
hijacking or other fraud arising out a failure
of your internal/corporate procedures. GLT will
not issue credit for invoiced charges for fraudulent
use resulting from your negligent or willful
acts or those of an authorized user of your
service.
O. Number Transfer on Service Termination
GLY may, solely at GLT's discretion, release
the telephone number that was ported in to GLT
by you and used in connection with your Service
provisioned by GLT to your new service provider,
if such new service provider is able to accept
such number, upon your termination of the Service,
and provided (i) your account has been terminated;
and (ii) your GLT account is completely current
including payment for all charges and applicable
disconnect fees; and (iii) you request the transfer
upon terminating your account. Customer will
not be able to port away the telephone number
if Customer cancels within thirty days of the
Activation Date.
P. Service Distinctions
You acknowledge and understand that the Service
is not a telephone service. Important distinctions
exist between telephone service and the enhanced
Service offering provided by GLT. The Service
is subject to different regulatory treatment
than phone service. This treatment may limit
or otherwise affect your rights of redress before
regulatory agencies.
Q. Collect Call and Operator Services
GLT does not offer collect call or operator
services via this Service.
R. International DIDs or phone numbers
Customers that have international (non-United
States) direct inward dial phone numbers ("DIDs")
are provided with these numbers based on current
United States and overseas regulations. These
regulations are subject to change without notice
and GLT may be required to discontinue this
service, without notice. GLT reserves the right
to discontinue International DID services for
any reason at any time and is only obligated
to refund the pro-rated monthly fee.
S. International Services
1. Foreign Carrier Restrictions Foreign carriers
or regulatory agencies may impose, upon the
portion of the end-to-end international service
or facilities they provide, certain limitations
or restrictions that may limit your ability
use the GLT services. You must conform to any
limitations or restrictions imposed by the foreign
carriers or agencies.
2. Foreign Carrier Acts or Omissions.
a. When other U.S. or foreign carriers and foreign
telecommunications administrations use facilities
to establish connections to points not reached
by GLT's network, GLT is not liable for acts
or omissions of other carriers or foreign telecommunications
administrations.
b. International calls are priced on the basis
of the country and city codes dialed by you.
When the facilities of other U.S. or foreign
carriers are used in establishing connections
to points not reached by GLT's network, GLT
is not liable for refunds or damages if those
calls do not terminate in the country, city
or area codes associated with the called number.
T. Surcharges
In addition to surcharges which may be found
in the applicable Calling Plan, GLT may adjust
its rates and charges or impose additional rates
and charges in order to recover amounts it is
required or permitted by governmental or quasi-governmental
authorities to collect from others or pay to
others in support of statutory or regulatory
funds or programs ("Governmental Charges").
IV.
RESTRICTIONS ON THE USE OF SERVICE
A. GLT offers its services subject to availability
of facilities, limitations of service offerings,
and the provisions of this Agreement.
B. Services provided by GLT under the Agreement
will not be used: (1) For any unlawful purpose;
(2) For making telephone calls that use automatic
dialing devices and terminate into electronic
information services, pay-per-call services, or
other domestic or international audiotext services;
(3) For international call-back offerings using
uncompleted call signaling to any country, when
that country has prohibited such an offering by
statute or regulatory decision; or (4) For business
usage under a residential Service plan.
C. GLT may (1) deny, for any lawful reason, your
request for service, or (2) limit or allocate
the facilities available to or utilized by any
Service, if necessary, to manage its network in
an efficient manner; meet reasonable service expectations;
furnish service to existing and future customers
based on forecasted customer requirements; or
for any other lawful reason.
D. GLT may, without notice (consistent with governing
laws or regulations), block traffic to or from
specific countries, country codes, cities, city
codes, local telephone exchanges ("NXX exchanges"),
individual telephone stations, groups or ranges
of individual telephone stations, or calls using
certain customer authorization codes, whenever
GLT deems it necessary to take such action to
prevent (1) the unlawful use of service; (2) nonpayment
for service; (3) the use of service in violation
of this Agreement; or (4) network blockage or
the degradation of service furnished to you or
other customers.
V. PAYMENT OBLIGATIONS
A. You must provide GLT with a valid credit card
number when the Service is activated. If the credit
card expires, you close your credit card account
or your billing address changes, or the credit
card is cancelled and replaced because of loss
or theft, you must advise GLT immediately. GLT
will invoice all charges on a monthly basis, in
advance, to your credit card, including but not
limited to: activation fees and monthly Service
fees, advanced feature charges, equipment purchases
and shipping and handling charges. Any charges
not included in your rate plan and any additional
usage charges are billed after each billing period.
If GLT changes its rates, recurring monthly charges
affected by such change will be assessed at the
new rate for the full billing period during which
the new recurring charge rate became effective.
B. GLT may terminate your Service at any time
in its sole discretion, if any charge to your
credit card on file with GLT is declined or reversed,
your credit card expires and you have not provided
GLT with a valid replacement credit card or in
case of any other non-payment of account charges.
Termination of Service for declined or expired
card, reversed charges or non-payment leaves you
fully liable to GLT for all charges accrued before
termination and for all costs incurred by GLT
in collecting such amounts, such as (but not limited
to) collection costs and attorney's fees.
C. You are responsible for payment of all charges
for services furnished to you and anyone authorized
by you to use your service. This responsibility
is not changed by virtue of any use, misuse, or
abuse of your service undertaken or caused by
third parties.
D. You must promptly notify GLT of any change
in your invoicing address or, if applicable, in
the credit card or bank account used for payment.
You should notify the GLT Customer Care Department
by e-mailing GLT at the following address: CustomerCare@GreatLinktel.com.
E. GLT will invoice Customer for Services on a
monthly basis in advance and all payments are
due and payable by Customer without demand or
setoff within thirty (30) days from the invoice
date (the "Due Date"). Amounts not paid
within twenty-nine (29) days of the invoice date
will be considered past due. If you make any late
payments, and we bill you for the Services, we
will charge you a late fee of 1.5%, which we apply
to that period's charges and any outstanding charges
and late payment charges that remain unpaid at
the time of the next bill. If the state law where
you receive the GLT services requires a different
rate, we will apply that rate.
F. If GLT becomes concerned at any time about
your ability to pay for services, GLT may require
that you pay its charges within a specified number
of days and that you make such payments in cash
or the equivalent of cash.
G. If GLT hires a collection agency to collect,
or attempt to collect, any charges owed GLT, you
will be liable to GLT for an additional payment
equal to 35% of the charges owed, where permitted
by applicable law. If GLT incurs any fees or expenses,
including attorneys' fees, in collecting, or attempting
to collect, any charges owed GLT other than by
hiring a collection agency, you will be liable
to GLT for the payment of all such fees and expenses
reasonably incurred.
H. If billing systems or other support is not
available for a service, feature, surcharge, tax
or other charge element at the time of service
provision, GLT will bill for that service, feature,
surcharge, or other charge element as soon as
it is capable of doing so.
I. No Credit Allowances for Interruption of Service
You acknowledge and agree that the Service is
provided "as is." Credit allowances
for interruption of Service, including international
calling services, will not be provided.
VI. CANCELLATION OF SERVICE
A. By the Customer
1. If you cancel your Service after the 30 day
Money Back Guarantee period, described in section
III.C. above, you will be charged a Disconnect
fee, pursuant to section III.B. above.
2. If you cancel your Service with GLT, you will
not be able to use the Device or Equipment.
3. Cancellation may take up to two business days.
4. Your credit card will be charged for any usage
after contacting GLT to cancel your Service.
B. By GLT
1. GLT reserves the right to
discontinue furnishing services, cancel your
account, and/or block your access to GLT network,
without incurring any liability, immediately
and without notice if GLT deems that such action
is necessary to prevent or to protect against
fraud or to otherwise protect GLT's personnel,
agents, facilities, or services. Without limitation,
GLT may take such actions if:
a. You refuse to furnish information or furnish
false information that (i) is essential for
billing; or (ii) pertains to your creditworthiness,
your past or current use of common carrier communications
service, or your planned use of such service;
b. You indicate that you will not comply with
a request for security for the payment for services;
c. Your service usage charges exceed established
parameters based on your history of usage, which
may indicate a likelihood of non-payment or
possible fraud;
d. You have been given written notice by GLT
of any past due amount (which remains unpaid,
in whole or in part) for any of GLT's or an
affiliated carrier's service to which you either
subscribe or had subscribed or used;
e. You either refuse to pay when billed for
service or indicate to GLT or an entity billing
on GLT's behalf that you do not intend to pay
for service used by you;
f. You use, or attempt to use, service with
the intent to avoid the payment, either in whole
or in part, of the charges for the service by
(i) using or attempting to use service by rearranging,
tampering with, or making connections to service
in an unauthorized manner; or (ii) using tricks,
schemes, false or invalid numbers, false credit
devices, or other fraudulent means or devices;
g. You act, or fail to act, in a manner that
hinders or frustrates any investigation by GLT
or others having legal authority to investigate
your legal obligations;
h. Your telephone equipment fails to pass back
to GLT the appropriate signal to start and stop
billing for a call;
i. You were previously provided with notice
of breach of contract, took corrective action,
but thereafter engage in the same breach activity;
or
j. You act in a manner that is threatening,
obscene, harassing, or abusive to GLT personnel.
k. You act in violation of sections III. D.
or III. E. above.
2. GLT reserves the right to discontinue furnishing
services, cancel your account, and/or block
your access to GLT network, without incurring
any liability, immediately upon written notice
to you if:
a. Any invoice charges remain outstanding and
owed by you after the 30th day from the date
of the invoice notifying you of the charges;
or
b. You fail to comply with a request by GLT
for security for the payment for services.
3. The discontinuance of service(s) by GLT pursuant
to these provisions does not relieve you of
any obligation to pay GLT for charges due and
owing for service(s) furnished up to the time
of discontinuance. GLT may charge you a Disconnect
fee if your service is canceled pursuant to
either section VI. B. 1. or VI. B. 2. above.
VII. LIABILITY
A. GLT will not be liable for: (i) any failure
of performance due to causes beyond its control,
including, but not limited to, acts of God,
fires, floods or other catastrophes; national
emergencies, insurrections, riots or wars, strikes,
lockouts, work stoppages or other labor difficulties;
and any law, order, regulation or other action
of any governing authority or agency thereof;
or (ii) delayed installation of GLT's facilities
or commencement of service.
B. With respect to any other factual allegation,
legal claim, or dispute by you or by any others,
for damages associated with the ordering (including
the reservation of any specific number for use
with a service), installation (including delays
thereof), provision, termination, maintenance,
repair, interruption, or restoration of any
service or facilities offered by GLT, GLT's
liability, if any, will be limited as follows:
1. With respect to the routing of calls by GLT
to public safety answering points or municipal
emergency service providers, GLT's liability,
if any, will be limited to the lesser of: (a)
the actual monetary damages incurred and proved
by you as the direct result of GLT's action,
or failure to act, in routing the call, or (b)
the sum of $1,000.00.
2. With respect to the provisioning of, or any
error or omission in, data, information, or
content furnished in connection with any service
provided by GLT, for example, Directory Assistance,
GLT's liability will be limited to the lesser
of: (a) the amount of actual money damages proven
by you to have been incurred as the proximate
result of your reliance on such data, information,
or content; or (b) $100.00.
3. GLT shall not be liable for any delays or
incompletion or costs or charges pursuant to
a delay or incompletion in local number portability
(LNP).
C. IN NO EVENT WILL GREAT LINK TELECOM MUST
BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS
(WHETHER OR NOT GLT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON
OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER
THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION
OF THIS AGREEMENT.
D. GLT will be indemnified, defended, and held
harmless by you against all claims of loss or
damage arising from the use of service furnished
by GLT, including:
1. Allegations or claims for libel, slander,
invasion of privacy, or infringement of copyright
arising out of the material, data, information,
or other content transmitted via GLT service;
and
2. All other allegations and claims arising
out of any intentional act or omission by you
or others authorized by you to use the service,
in connection with any service provided by GLT.
E. GLT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS
ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR
NONINFRINGEMENT.
GLT DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY
ON GLT'S BEHALF AND YOU MAY NOT RELY ON ANY
STATEMENT OF WARRANTY AS A WARRANTY BY GLT.
F. GLT will not be liable for any act or omission
of any other company or companies furnishing
a portion of the service, or from any act or
omission of a third party, including those vendors
participating in GLT offerings made to you,
or for damages associated with service, or equipment
that it does not furnish, or for damages that
result from the operation of customer provided
systems, equipment, facilities or services that
are interconnected with GLT services.
VIII. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION
CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION
OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A
COURT BY A JUDGE OR JURY OR THROUGH A CLASS
ACTION.
A. Binding Arbitration
The arbitration process established by this
section is governed by the Federal Arbitration
Act ("FAA"), 9 U.S.C. ?? 1?16. Both
you and GLT have the right to take any dispute
that qualifies to small claims court rather
than arbitration. All other disputes arising
out of or related to this Agreement (whether
based in contract, tort, statute, fraud, misrepresentation
or any other legal or equitable theory) must
be resolved by final and binding arbitration.
This includes any dispute based on any product,
service or advertising having a connection with
this Agreement and any dispute not finally resolved
by a small claims court. The arbitration will
be conducted by one arbitrator using the procedures
described by this Section. If any portion of
this Dispute Resolution Section is determined
to be unenforceable, then the remainder shall
be given full force and effect. The arbitration
of any dispute involving $10,000 or less shall
be conducted in accordance with the Consumer
Arbitration Rules of the American Arbitration
Association ("AAA"), as modified by
this Agreement, which are in effect on the date
a dispute is submitted to the AAA. The AAA's
Commercial Arbitration Rules and fee schedules
will apply to any disputes in excess of $10,000.
You have the right to be represented by counsel
in an arbitration. In conducting the arbitration
and making any award, the arbitrator shall be
bound by and strictly enforce the terms of this
Agreement and may not limit, expand, or otherwise
modify its terms. The arbitrator may not award
punitive, exemplary or similar damages. The
parties agree that an award of such damages
will be void if issued.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT,
OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER
PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE
ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT
EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY
NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES
UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED
BY A STATUTE. YOU AND GLT BOTH WAIVE ANY CLAIMS
FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER
THIS AGREEMENT.
B. Arbitration Information and Filing Procedures
Before you take a dispute to arbitration or
to small claims court, you must first contact
our Customer Care Department representative
at the customer service number on your GLT invoice
for the Services, or write to us at the following
address and give us an opportunity to resolve
the dispute:
Great Link TeleCom, Inc.
82-11 37th. Ave.
Suit LL 5
Jackson Heights, NY 11372
Attention: Customers Dispute Department
You must describe your dispute and provide GLT
with any supporting documentation. Likewise,
if GLT has a dispute with you, it will notify
you by letter sent to your billing address and
attempt to resolve it before pursuing arbitration.
IX. MISCELLANEOUS PROVISIONS
A. Entire Agreement.
These Terms and Conditions constitute the entire
Agreement between you and GLT, and supersede
any and all prior agreements, oral or written,
concerning the subject matter. If there is any
inconsistency or conflict between the terms
of any calling plan, promotion, and/or authorized
written communications you have received and
the provisions of this Agreement, the provisions
of this Agreement will control.
B. No Obligation to Assist in Switching Carriers.
If you either voluntarily cancel your GLT account
or if GLT cancels your service for any reason
set forth above, GLT will have no obligation
whatsoever to assist you in any respect in switching
from GLT to another carrier.
C. Assignment.
Customers may not modify or assign this Agreement.
In its sole discretion, Primus may assign this
Agreement.
D. No Waiver of Rights.
If either party fails to enforce any right or
remedy under this Agreement, that does not waive
the right or remedy for any other breach or
failure.
E. Binding Effect.
This Agreement is binding upon you and GLT and
upon, respectively, your and GLT's agents and
heirs.
F. Severability.
If any part or provision of this Agreement is
finally determined to be invalid or unenforceable
under applicable law by a court of competent
jurisdiction, then that part or provision will
be ineffective only to the extent of such invalidity
or unenforceability, without in any way affecting
the remaining parts or provisions of this Agreement.
G. Governing Law.
This Agreement is governed by and construed
under the laws of the Commonwealth of Virginia
and applicable federal law, without regard to
its choice of law principles, except that the
arbitration provisions in Section VII shall
be governed by the Federal Arbitration Act.
This governing law provision applies no matter
where you reside, or where you use or pay for
the services.
H. Survival.
Any liability or obligation of a party to the
other party under the provisions of Sections
I, IV, V and VII as applicable, will, in each
case, survive cancellation or termination of
this Agreement.
I. Headings of No Force or Effect.
Headings in this Agreement are for reference
only and have no effect on the meaning of any
provision.
Updated January 01, 2005
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