Legal Documents
Customer Proprietary Network Information (CPNI)
What is CPNI?
Customer Proprietary Network Information (CPNI) is information that GoHosted and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.
Use and Disclosure of CPNI
We use your CPNI to offer you additional services of the type you already purchase from GoHosted. We also may use your CPNI to offer you products and services, packages, discounts and promotions from the GoHosted companies, such as carrier network services, managed IT, and managed Telecom services, which may be different from the types of services you already purchase.
GoHosted uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. GoHosted does not disclose CPNI outside of the GoHosted companies or their agents without customer consent except as required or allowed by law. When GoHosted uses third parties to perform services on its behalf that require the use of CPNI, GoHosted requires that they protect CPNI consistent with this privacy policy. CityHosted does not sell CPNI to unaffiliated third parties.
Restricting our use of your CPNI
If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located on your GoHosted telephone bill or at the following number, 480-977-1000 or by email at [email protected].
Restricting our use of your CPNI for marketing purposes will not affect the provision of any GoHosted products or services to which you subscribe, nor will it eliminate all types of GoHosted marketing contacts.
Customer Proprietary Network Information (CPNI) is information that GoHosted and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.
Use and Disclosure of CPNI
We use your CPNI to offer you additional services of the type you already purchase from GoHosted. We also may use your CPNI to offer you products and services, packages, discounts and promotions from the GoHosted companies, such as carrier network services, managed IT, and managed Telecom services, which may be different from the types of services you already purchase.
GoHosted uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. GoHosted does not disclose CPNI outside of the GoHosted companies or their agents without customer consent except as required or allowed by law. When GoHosted uses third parties to perform services on its behalf that require the use of CPNI, GoHosted requires that they protect CPNI consistent with this privacy policy. CityHosted does not sell CPNI to unaffiliated third parties.
Restricting our use of your CPNI
If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located on your GoHosted telephone bill or at the following number, 480-977-1000 or by email at [email protected].
Restricting our use of your CPNI for marketing purposes will not affect the provision of any GoHosted products or services to which you subscribe, nor will it eliminate all types of GoHosted marketing contacts.
Customer Do Not Call Information
LAST UPDATED ON FEBRUARY 2, 2023
To address consumer concerns about unwelcome telemarketing calls, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have established a national Do-Not-Call Registry. The registry applies to all telemarketers (with the exception of certain non-profit and political organizations) and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is listed on the registry.
You can register your phone number for free, and it will remain on the national Do-Not-Call Registry for five years. You may re-enter your number onto the list when the five years have passed, and you may remove your name from the list at any time. The Do-Not-Call Registry will not prevent all unwanted calls. It does not cover the following:
To address consumer concerns about unwelcome telemarketing calls, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have established a national Do-Not-Call Registry. The registry applies to all telemarketers (with the exception of certain non-profit and political organizations) and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is listed on the registry.
You can register your phone number for free, and it will remain on the national Do-Not-Call Registry for five years. You may re-enter your number onto the list when the five years have passed, and you may remove your name from the list at any time. The Do-Not-Call Registry will not prevent all unwanted calls. It does not cover the following:
- calls from organizations with which you have established a business relationship.
- calls for which you have given prior written consent.
- calls which are not commercial or do not include unsolicited advertisements.
- calls by or on behalf of tax-exempt non-profit organizations.
Call Recording Advisory
LAST UPDATED ON FEBRUARY 2, 2023
Users of GoHosted’s call recording features must understand and comply with all applicable laws which govern surveillance of electronic communications, eavesdropping, and the like. Failure to follow these laws may lead to civil or even criminal liability.
To help you start your research, we’ve collected the information below. It’s by no means an exhaustive list, and both state and federal law likely applies to most interstate calls. Generally, it is required that one or both parties consent to have a telephone conversation recorded before such recording is legally permissible, with a few notable exceptions (see below). United States federal law and state laws vary somewhat.
U.S. federal law generally provides that a call may be recorded if one party to the call consents (commonly known as “one-party consent” rules). Thus, any person who initiates and participates in a call may also record that call under federal law, with a few exceptions (ex criminal or tortious purposes, etc.).
Most state laws are similar to federal law. However, some states require the consent of all parties to a call (usually called “two-party consent” rules, although technically if there are more than two parties to a call, then one would need more than two consents).
Resources For Call Recording Laws
Here are links to some helpful resources, although this is by no means the full set of rules which may apply to your call recording activities:
While opinions may differ, we recommend that GoHosted users comply with the most strict law or regulation that might apply to the call, which is usually determined by its origination and termination points (i.e. where the parties to the call are located) and also possibly by the location of the recording equipment, which some courts have considered. For example, to record an interstate call in the United States, the most cautious approach would be to comply with the laws of the state where the caller is located, the laws of the state where the recipient is located, and also the laws of the state where the recording equipment is located, as well as U.S. federal law. Users whose calls may come from or go to multiple, or any, state, should likely set up their service to always comply with the strictest possible law.
As per our Master Service Agreement, it is solely your responsibility to understand and obey all applicable laws and regulations when using GoHosted’s call recording tools. Failure to adhere to any such applicable rules could put you at risk for fines, penalties, or other legal action. These laws and regulations are actively and regularly enforced, and may also give rise to lawsuits by those who feel their privacy has been invaded.
Our lawyers also require us to point out that GoHosted is neither your attorney nor your advisor; the information set forth above is not complete or exhaustive and does not constitute legal or other professional advice; and you are responsible to seek information or clarification from your own legal counsel pertaining to your specific activities or if you have any questions or concerns. You agree that we have no liability to you whatsoever, whether for direct, indirect, or other damages, and regardless of legal theory, based upon or arising out of your use of the above information (if you disagree, please do not use this information). We also reserve the right to comply or assist with any investigation or enforcement activities undertaken by any regulatory entity with applicable jurisdiction.
Users of GoHosted’s call recording features must understand and comply with all applicable laws which govern surveillance of electronic communications, eavesdropping, and the like. Failure to follow these laws may lead to civil or even criminal liability.
To help you start your research, we’ve collected the information below. It’s by no means an exhaustive list, and both state and federal law likely applies to most interstate calls. Generally, it is required that one or both parties consent to have a telephone conversation recorded before such recording is legally permissible, with a few notable exceptions (see below). United States federal law and state laws vary somewhat.
U.S. federal law generally provides that a call may be recorded if one party to the call consents (commonly known as “one-party consent” rules). Thus, any person who initiates and participates in a call may also record that call under federal law, with a few exceptions (ex criminal or tortious purposes, etc.).
Most state laws are similar to federal law. However, some states require the consent of all parties to a call (usually called “two-party consent” rules, although technically if there are more than two parties to a call, then one would need more than two consents).
Resources For Call Recording Laws
Here are links to some helpful resources, although this is by no means the full set of rules which may apply to your call recording activities:
- Federal laws: http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_119.html
- State law survey: http://www.rcfp.org/taping/states.html
- Another state law survey, annotated: http://www.pimall.com/nais/n.tel.tape.law.html
- Summary of applicable rules: http://rcfp.org/taping/
While opinions may differ, we recommend that GoHosted users comply with the most strict law or regulation that might apply to the call, which is usually determined by its origination and termination points (i.e. where the parties to the call are located) and also possibly by the location of the recording equipment, which some courts have considered. For example, to record an interstate call in the United States, the most cautious approach would be to comply with the laws of the state where the caller is located, the laws of the state where the recipient is located, and also the laws of the state where the recording equipment is located, as well as U.S. federal law. Users whose calls may come from or go to multiple, or any, state, should likely set up their service to always comply with the strictest possible law.
As per our Master Service Agreement, it is solely your responsibility to understand and obey all applicable laws and regulations when using GoHosted’s call recording tools. Failure to adhere to any such applicable rules could put you at risk for fines, penalties, or other legal action. These laws and regulations are actively and regularly enforced, and may also give rise to lawsuits by those who feel their privacy has been invaded.
Our lawyers also require us to point out that GoHosted is neither your attorney nor your advisor; the information set forth above is not complete or exhaustive and does not constitute legal or other professional advice; and you are responsible to seek information or clarification from your own legal counsel pertaining to your specific activities or if you have any questions or concerns. You agree that we have no liability to you whatsoever, whether for direct, indirect, or other damages, and regardless of legal theory, based upon or arising out of your use of the above information (if you disagree, please do not use this information). We also reserve the right to comply or assist with any investigation or enforcement activities undertaken by any regulatory entity with applicable jurisdiction.
e911 Advisory
LAST UPDATED ON FEBRUARY 2, 2023
PURSUANT TO FCC REQUIREMENTS, CITYHOSTED IS REQUIRED TO ADVISE YOU OF ANY LIMITATIONS THAT ITS E911 SERVICE MAY HAVE IN COMPARISON TO TRADITIONAL E911 SERVICE. BY SIGNING THE SERVICE ORDER, CUSTOMER ACKNOWLEDGES THAT CITYHOSTED HAS ADVISED IT OF THESE LIMITATIONS AND THAT CUSTOMER ACCEPTS THE SERVICES WITH THE FOLLOWING LIMITATIONS:
PURSUANT TO FCC REQUIREMENTS, CITYHOSTED IS REQUIRED TO ADVISE YOU OF ANY LIMITATIONS THAT ITS E911 SERVICE MAY HAVE IN COMPARISON TO TRADITIONAL E911 SERVICE. BY SIGNING THE SERVICE ORDER, CUSTOMER ACKNOWLEDGES THAT CITYHOSTED HAS ADVISED IT OF THESE LIMITATIONS AND THAT CUSTOMER ACCEPTS THE SERVICES WITH THE FOLLOWING LIMITATIONS:
- POWER FAILURES: TELEPHONE SERVICE OVER INDIVIDUAL POTS LINES IS GENERALLY NOT INTERRUPTED IN THE EVENT OF A POWER FAILURE BECAUSE THE TELEPHONE LINE CONTAINS SUFFICIENT LINE POWER FOR PHONES THAT DO NOT REQUIRE A SEPARATE AC POWER ADAPTER. WHETHER YOUR SERVICE IS VOIP OR OTHERWISE, IF YOU RECEIVE YOUR PHONE SERVICE OVER A CIRCUIT THAT IS A T-1 OR GREATER, THROUGH AN ON-SITE PBX, OR THROUGH A PHONE THAT REQUIRES AN AC POWER ADAPTER, IN THE EVENT OF A POWER FAILURE THAT EXCEEDED THE DURATION OF ANY ON-SITE POWER SUPPLY BACKUP, SUCH AS A BATTERY PACK OR GENERATOR, THEN YOU WOULD NOT HAVE PHONE SERVICE OR 911 SERVICE UNTIL POWER WAS RESTORED.
- CHANGE OF PHONE LOCATION: IF YOU MOVE YOUR PHONE TO A DIFFERENT LOCATION (INCLUDING A DIFFERENT FLOOR OF YOUR BUILDING, OR TO ANOTHER BUILDING), AND DO NOT REPORT YOUR NEW LOCATION TO US, THE ADDRESS AUTOMATICALLY REPORTED IN CONNECTION WITH A 911 CALL WOULD BE THE ADDRESS THAT YOU SUPPLIED US, NOT THE NEW LOCATION TO WHICH YOU HAVE MOVED YOUR PHONE. ALSO, AFTER YOU NOTIFY US OF A NEW REGISTERED LOCATION FOR A PHONE, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE IN OR THROUGH THE AUTOMATIC LOCATION INFORMATION (ALI) DATABASE. IT IS THEREFORE IMPORTANT THAT YOU NOTIFY US IN ADVANCE IF YOU PLAN TO MOVE ANY PHONES THAT WE MANAGE TO ANOTHER LOCATION.
- CALLBACK PHONE NUMBER: IF YOU CALL 911, THE SYSTEM AUTOMATICALLY TRANSMITS A CALLBACK PHONE NUMBER. IF YOU HAVE MULTIPLE PHONES ON A SINGLE FLOOR, AND A SINGLE SPECIFIC CALLBACK NUMBER HAS BEEN DESIGNATED AS THE NUMBER THAT IS TRANSMITTED, THEN IF THIS CALLBACK NUMBER IS NOT THE NUMBER FROM WHICH THE 911 CALL IS PLACED, A DELAY IN RESPONDING TO THE 911 CALL COULD OCCUR IF THE PERSON ANSWERING THE CALLBACK NUMBER WAS UNAWARE OF THE EVENT THAT PROMPTED THE 911 CALL.
- CIRCUIT OUTAGE: DURING AN OUTAGE IN THE CIRCUIT THAT CUSTOMER’S CITYHOSTED PHONE USES, WHICH IS EITHER A CITYHOSTED MANAGED PRIVATE CIRCUIT OR IN SOME CASES OVER A BROADBAND INTERNET CONNECTION (E.G., DSL, Cable Internet Service), THEN DURING AN OUTAGE TO SUCH CIRCUIT CUSTOMER’S VOICE SERVICE WILL BE INTERRUPTED AND 911 SERVICE WOULD NOT FUNCTION DURING SUCH INTERRUPTION.
- LABELS: CITYHOSTED MAY PROVIDE CUSTOMER WITH ADHESIVE LABELS THAT ALERT USERS TO THE LIMITATION IN THIS SECTION. THE FEDERAL COMMUNICATIONS COMMISSION RECOMMENDS THAT CUSTOMER PLACE THESE LABELS ON OR NEAR THE IP PHONES ASSOCIATED WITH THE SERVICES.
Rental Terms and Conditions
LAST UPDATED ON FEBRUARY 2, 2023
PWC Telecom, LLC dba GoHosted (GoHosted) and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by GoHosted to the Customer of the telephones and/or other peripheral equipment (the Equipment) and related services (the Services) which are described in the Rental Agreement attached hereto and incorporated herein by reference.
1. Authorization
1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
2. Delivery of Equipment
2.1 GoHosted will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.
2.2 GoHosted will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
2.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge and any applicable cancellation charge.
3. Charges
3.1 The Customer will pay the Rental Charge from the Delivery Time until all of the Equipment specified in the Rental Agreement is returned to, accepted and scanned by the designated courier (UPS or FEDEX). In case of office pick ups, the end of the rental agreement is the day the customer returns the equipment to our office. Equipment rental charges apply to full days and fractions thereof.
3.2 The Customer is responsible for hosted phone service and long distance charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.
3.3 GoHosted is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not GoHosted is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.3, or if not computed at the end of Rental Period, then upon demand given by GoHosted to the Customer.
3.4 The Rental Charge, the Long Distance Charges and any other amounts due to GoHosted under this Agreement are payable at the end of the Rental Period or, in the case of long term rentals, at the end of every billing period, whichever is shorter. GoHosted shall be entitled to charge interest at the rate of 2% per month (or part month) on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.
4. Credit Card Authorization
4.1 The Customer will submit a US-based credit card to GoHosted for authorization in an amount equal to the rental rate (the “Authorization Amount”) depending on the number and type of Equipment required to fulfill the Customer’s order. GoHosted shall have the right to charge and reauthorize Customer’s credit card each time Customer’s account balance is due. GoHosted reserves the right to increase the Authorization Amount depending on the quantity of the Customer’s order.
5. Use of Equipment
5.1 Upon delivery to the Customer, GoHosted will provide an instruction leaflet on the use of the Equipment.
5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
5.3 The Customer agrees that he/she will not:
5.3.1 effect any repairs or modifications to the Equipment;
5.3.2 remove or interfere with any certification markers affixed to the Equipment;
5.3.3 deface or add to the Equipment;
5.3.4 sublet or allow the use of the Equipment by any third party; or
5.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
5.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to GoHosted on demand, an amount equivalent to the value of the Equipment in accordance with GoHosted’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated.
6. Repairs
6.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify GoHosted immediately.
6.2 GoHosted or one of its authorized dealers will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, GoHosted will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
6.3 If GoHosted finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.
7. Liability
7.1 GoHosted warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the internet access to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 GOHOSTED MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
The Customer shall be solely responsible for and shall indemnify and hold harmless GoHosted against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the hosted phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
GOHOSTED WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST GOHOSTED FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
7.3 The Customer shall be liable to GoHosted for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce GoHosted’s rights under this Agreement.
7.4 GoHosted reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that GoHosted detects unusually abnormal usage or possible fraud in accordance with general operating practices and procedures in the hosted phone industry, and GoHosted shall have no liability whatsoever to the Customer for such deactivation.
8. Ownership
8.1 The Equipment, including the handset and all accessories or any other devices will at all times remain the property of GoHosted. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from GoHosted. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
9. Termination
9.1 Unless otherwise agreed with GoHosted the Customer shall return the Equipment to GoHosted at the designated return address at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by Federal Express or comparable overnight courier and in accordance with shipping instructions provided by GoHosted at time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified in the instructions provided by GoHosted at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the Equipment while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will be deemed missing and the Customer will be charged in an amount equal to the Equipment value.
9.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then GoHosted may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. GoHosted may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to GoHosted by a systems operator. No remedy of GoHosted shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
10. Applicable Law
10.1 This Agreement shall be governed by the laws of the State of Arizona. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
11. General
11.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
11.2 No waiver by GoHosted of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
11.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by GoHosted or its authorized agent. This Agreement constitutes the entire agreement between GoHosted and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
11.4 GoHosted is not liable for any lack of privacy which may be experienced with regard to the Service.
PWC Telecom, LLC dba GoHosted (GoHosted) and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by GoHosted to the Customer of the telephones and/or other peripheral equipment (the Equipment) and related services (the Services) which are described in the Rental Agreement attached hereto and incorporated herein by reference.
1. Authorization
1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
2. Delivery of Equipment
2.1 GoHosted will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.
2.2 GoHosted will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
2.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge and any applicable cancellation charge.
3. Charges
3.1 The Customer will pay the Rental Charge from the Delivery Time until all of the Equipment specified in the Rental Agreement is returned to, accepted and scanned by the designated courier (UPS or FEDEX). In case of office pick ups, the end of the rental agreement is the day the customer returns the equipment to our office. Equipment rental charges apply to full days and fractions thereof.
3.2 The Customer is responsible for hosted phone service and long distance charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.
3.3 GoHosted is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not GoHosted is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.3, or if not computed at the end of Rental Period, then upon demand given by GoHosted to the Customer.
3.4 The Rental Charge, the Long Distance Charges and any other amounts due to GoHosted under this Agreement are payable at the end of the Rental Period or, in the case of long term rentals, at the end of every billing period, whichever is shorter. GoHosted shall be entitled to charge interest at the rate of 2% per month (or part month) on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.
4. Credit Card Authorization
4.1 The Customer will submit a US-based credit card to GoHosted for authorization in an amount equal to the rental rate (the “Authorization Amount”) depending on the number and type of Equipment required to fulfill the Customer’s order. GoHosted shall have the right to charge and reauthorize Customer’s credit card each time Customer’s account balance is due. GoHosted reserves the right to increase the Authorization Amount depending on the quantity of the Customer’s order.
5. Use of Equipment
5.1 Upon delivery to the Customer, GoHosted will provide an instruction leaflet on the use of the Equipment.
5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
5.3 The Customer agrees that he/she will not:
5.3.1 effect any repairs or modifications to the Equipment;
5.3.2 remove or interfere with any certification markers affixed to the Equipment;
5.3.3 deface or add to the Equipment;
5.3.4 sublet or allow the use of the Equipment by any third party; or
5.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
5.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to GoHosted on demand, an amount equivalent to the value of the Equipment in accordance with GoHosted’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated.
6. Repairs
6.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify GoHosted immediately.
6.2 GoHosted or one of its authorized dealers will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, GoHosted will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
6.3 If GoHosted finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.
7. Liability
7.1 GoHosted warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the internet access to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 GOHOSTED MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
The Customer shall be solely responsible for and shall indemnify and hold harmless GoHosted against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the hosted phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
GOHOSTED WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST GOHOSTED FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
7.3 The Customer shall be liable to GoHosted for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce GoHosted’s rights under this Agreement.
7.4 GoHosted reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that GoHosted detects unusually abnormal usage or possible fraud in accordance with general operating practices and procedures in the hosted phone industry, and GoHosted shall have no liability whatsoever to the Customer for such deactivation.
8. Ownership
8.1 The Equipment, including the handset and all accessories or any other devices will at all times remain the property of GoHosted. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from GoHosted. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
9. Termination
9.1 Unless otherwise agreed with GoHosted the Customer shall return the Equipment to GoHosted at the designated return address at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by Federal Express or comparable overnight courier and in accordance with shipping instructions provided by GoHosted at time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified in the instructions provided by GoHosted at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the Equipment while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will be deemed missing and the Customer will be charged in an amount equal to the Equipment value.
9.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then GoHosted may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. GoHosted may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to GoHosted by a systems operator. No remedy of GoHosted shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
10. Applicable Law
10.1 This Agreement shall be governed by the laws of the State of Arizona. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
11. General
11.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
11.2 No waiver by GoHosted of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
11.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by GoHosted or its authorized agent. This Agreement constitutes the entire agreement between GoHosted and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
11.4 GoHosted is not liable for any lack of privacy which may be experienced with regard to the Service.
