Terms and Conditions
General Terms and Conditions
These General Terms and Conditions are between ITDreamwire, LLC. (“Dreamwire”) and the individual or entity identified as the customer (“Customer”) in the Service Order Form executed by Dreamwire and Customer, each individually referred to as a “Party” and collectively referred to as the “Parties”. This “Agreement” consists of (i) the Service Order Form(s) and any forms or authorizations attached thereto and/or incorporated therein by reference, (ii) these General Terms and Conditions, (iii) Acceptable Use Policy (“AUP”), and (iv) VOIP 911 Service Disclaimer and Customer Acknowledgement (“911 Disclaimer”). This Agreement sets forth general terms and conditions under which Customer is purchasing Dreamwire services pursuant to the Service Order Form. The Parties agree to be bound by this Agreement as of the day the Service Order Form is fully executed by the Parties (the “Effective Date”), and affirm that each have caused this Agreement to be executed by their respective duly authorized representatives on the dates written below their names on the Service Order Form.
- Services and Definitions. Dreamwire Voice uses a data network (like the Internet) to transport voice communications that have been converted into data packets. The term “Service” shall mean Dreamwire Voice service including all software, equipment, and other features, products and services provided by Dreamwire under the pricing plan(s) selected by the Customer in the applicable Service Order Form(s).
- Obligations of the Customer. The Customer agrees to provide all information, access, and support for timely installation and proper use of the Service and to comply with all of the terms and conditions of this Agreement. The Customer also agrees that Customer’s use of the Service will at all times consistent with the terms outlined in the Dreamwire’s Acceptable Use Policy (“AUP”), and will not be used in an unlawful manner, and will be used in such a manner as to prevent damage to Dreamwire network and equipment.
- Customer Representations. The Customer represents and warrants that: (i) their primary residence or business address is in the United States, (ii) they are at least eighteen (18) years of age and possesses the legal right and ability to enter into this Agreement, and (iii) the Customer name, contact information and registered location are true and correct and, if for business use, the Customer is authorized to act on behalf of such business. Customer acknowledges and agrees that Dreamwire relies on the information supplied by Customer and that providing false or incorrect information may result in delays in the provision and delivery of the Services, the suspension or termination of the Services, additional fees or charges, and the inability of a 911-dialed call to be correctly routed to emergency service personnel (as further described in the 911 Disclaimer executed by Customer contemporaneously with the Service Order Form). Customer agrees to promptly notify Dreamwire whenever personal or billing information changes, including, but not limited to, Customer’s name, address, e-mail address, telephone number, and credit card information.
(a) In the event that Customer elects to terminate this Agreement prior to the end of the Term (except due to Dreamwire’s breach or failure to provide the Services in accordance with this Agreement), or any effective renewal term, Customer will be liable for 100% of all applicable charges for the balance of the contract term. In the event that either party breaches any provision of this agreement and fails to cure such breach within 10 days after written notice of breach, the non-breaching party has the right to terminate this Agreement without prejudice to any other remedies such party may have.
(b) Customer will have the right to terminate this Agreement upon written notice for two or more failures in any one month of BCI service by giving notification with ten (10) days after the second event. Customer will not be liable for any early termination charges in such event.
- Notices: All notices, consents, and other communications required or permitted must be in writing and sent to: email@example.com
- Limitation of Liability and Indemnification:
(a) Customer hereby agrees to and shall indemnify, defend and hold harmless Dreamwire and its affiliates from and against any and all claims, demands, costs, damages, losses, liabilities and expenses of any nature arising out of any and all third party claims, actions, suits or proceedings (“Claims”) (i) relating to customer’s use of Dreamwire services that is not authorized by this Agreement, (ii) arising out of any material breach by Customer of this Agreement, or (iii) otherwise arising from the gross negligence of Customer, except to the extent that any of the foregoing arises from the gross negligence or willful misconduct of Dreamwire. Dreamwire hereby and agrees to and shall indemnify, defend and hold harmless Customer and its affiliates from and against any and all Claims, (i) relating to Dreamwire’s design, construction, maintenance, operation, or use of the Dreamwire services and/or (ii) arising out of any material breach by Dreamwire of this Agreement, and/or (iii) any violation by Dreamwire of any regulation, rule, statute or court order of any local, state or federal governmental agency, court or body in connection with Dreamwire’s performance of its obligations under this Agreement.
(b) Except as set forth in Section 7(a), above, neither Customer nor Dreamwire will be liable to each other for any incidental, indirect, special, consequential, punitive or reliance damages of any nature whatsoever regardless of incidents unforeseen (including, but not limited to, any claim from any end user for loss of services, lost profits or lost revenues) arising under or in connection with this Agreement, or the performance under it, or arising out of any act or omission by either Dreamwire or customer, their respective employees, servants or agents. Neither party will have any liability to the end users of the other for claims arising from the provision of the other party’s service to its end users.
- Assignment: This Agreement is binding upon and inures to the benefit of the parties and their respective successors or assigns. Customer may not sublease, sublicense, transfer or assign this Agreement, in whole or in part, to any third party without the prior written consent of ITDreamwire, which consent may be withheld in Dreamwire’s sole discretion.
- No Waivers: A waiver by either party of the breach of any of the terms and conditions of this Agreement must not be construed to be a waiver of any succeeding breaches or of any other part hereof.
- Nature of Relationship: Nothing contained herein shall be deemed to create a relationship between ITDreamwire and Customer: whether of employer and employee, master and servant, principal and agent, contractor and subcontractor, co-ventures, partners or any similar relationships within the meaning of any law or otherwise. This Agreement shall not constitute either party as the agent for or principal of the other.