Section 1: Payments and Charges

The Customer’s Initial Payment for the Service will be due upon the processing of the Customer’s order and may include a Deposit amount equal to 100% of all One Time Charges, which may include Hardware, Software, Installation and Setup Fees.  This Deposit will be due prior to the Order being processed.  The Service Start Date is the date Services have been provisioned and are available for the Customers use.  Any costs for new features, equipment, or services added to the Service between the receipt of the Deposit  and the Customer’s Service Start Date will be billed on the most current available billing cycle and be due upon receipt.  On subsequent monthly intervals after the Service Start Date, the Customer will be charged the ongoing monthly charges, the cost of any overflow local or long distance used during the previous month, the monthly rental for any hardware being rented, not already included in the Service, and for any international calls not included in the calling plan. Included in the calling plans are calls to the Continental U.S. Once the allotted minutes are used (excluding unlimited plans), each call will be charged at $.022 (2.2 cents) per minute.  Minutes are pooled across all lines in the Service. Toll Free Usage is charged at $.028 (2.8 cents) per minute.

Section 2: Additional Charges and Price Changes

Calls from payphones to any of the Customer’s toll-free numbers may carry a surcharge per call, mandated by the FCC, which is passed on to the Customer at cost.  All prices are subject to change based upon actual usage and profitability. Customers will be notified of any price changes.  Continued use of the Service following notice of the price changes will constitute the Customer’s consent to such changes.

Section 3: Account Balance and Billing

Monthly rental/service fees are payable in advance of each month’s Service; additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service.  If the Customer chooses to pay for the Service by credit card or ACH direct payment, all charges will be automatically deducted following the generation of any invoice.

 Any Customer disputes of the amounts invoiced or charged must be submitted in writing to CBV within sixty (60) days of the date of the disputed charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges.  The Customer understands and agrees that awaiting any pending credit(s) to the Customer’s account is not sufficient cause to withhold payment for invoices. A late fee of 1.5% per month will be applied to any unpaid account beyond 30 days. Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above.  In the event Customer is more than sixty (60) days in arrears.

Section 4: Local Area Telephone Numbers

Local area telephone numbers are assigned according to the proximity of the address the Customer provides to CBV. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the Customer.  CBV does not assume responsibility for any of the Customer’s advertising cost or long distance fees due to a number not being within the local area of callers to the Service.  If CBV is porting any of your local or toll free numbers, we cannot be held liable for any errors or omission that may arise from the porting process.  If CBV is providing new local or toll free numbers, we cannot be held liable for any errors or omission that may arise from the number assignment process.

Section 5: Service Issues – Scope of Responsibility

In the event of any service issues, CBV will assist the Customer with troubleshooting the problem’s source. However, some elements key to proper performance, including LAN, wiring, power, firewall, CPE, and ISP, are beyond the scope of CBV’s responsibility to effect repairs. The sole exception to the above is in the case where CBV is providing the Customer with a Managed Router, whereupon the CPE and ISP do fall within the scope of CBV’s responsibility.  While CBV will offer telephone support to the Customer in diagnosing service issues outside the direct scope of its responsibility, such as those listed above, their ultimate repair will remain the responsibility of the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor. Some WAN issues, such as poor performance by Internet providers, are not the direct responsibility of CBV. However, in these cases, CBV will assist the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor in working with any such providers to eliminate these issues.  CBV can travel on site to resolve issues outside the scope of our responsibility; such support would be subject to standard CBV service call rates, charges, travel expenses and trip charges.

Section 6: Lawful and Appropriate Use

It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold CBV harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer’s use in any manner of the Service provided herein. In the event that CBV is brought into or required to respond to any action arising from or concerning the Customer’s activities, the Customer agrees to indemnify and hold CBV harmless from all arbitration, court and attorney’s costs and fees.  CBV reserves the right to immediately discontinue, disconnect, limit, or revoke the Service without warning to the Customer should the Customer, at the sole discretion and determination of CBV cause any type of activity or load which is incompatible with CBV’s network, causes quality of service issues, or otherwise impairs the ability of CBV to maintain or provide service to other customers. In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, CBV reserves the right at its sole discretion to immediately terminate the Service and inform the authorities that the Service is believed to have been used for inappropriate business. CBV shall not be liable for any direct or indirect damages resulting from a decision to discontinue, disconnect, limit, or revoke the Service with or without warning or for informing the authorities about the possibility of inappropriate business activities.

Section 7: Limited Warranty; Exclusions

For equipment purchased directly from CBV by the Customer, CBV will pass on to the Customer any applicable manufacturer’s warranty with respect to such equipment. For warranty repairs contact CBV customer service.

EXCEPT AS PROVIDED ABOVE, CBV MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CBV DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST CBV MUST BE MADE WITHIN SIX MONTHS OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND CBV SHALL HAVE NO LIABILITY THEREAFTER.

Section 8: Limitation of Liability

The Service is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of one month charges for the Service. CBV reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.  CBV shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, late delivery by suppliers, or other causes beyond the reasonable control of CBV.  IN NO EVENT SHALL CBV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF CBV OR OTHERWISE, EVEN IF CBV IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Section 9: Changes to Service and Terms and Conditions

CBV reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in CBV’s reasonable discretion. In the event of such changes the Customer will be notified and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.

Section 10: Unlimited Calling

Unlimited calling plans are for voice services only. Customers may incur additional charges if any unlimited plan is used for the following applications but not limited to: telemarketing, mass marketing, auto-dialer, mass-faxing or any other high usage application deemed excessive. Unlimited plans are not intended for high volume calling or excessive use. We reserve the right to charge for call overages if Unlimited usage is in excess of 25,000 minutes per month on a continual basis.

Section 11: E911 Terms and Conditions

Due to recent pursuant FCC rulings and regulations, all customers who are using CBV services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Enhanced 911 service is not available to every location within the United States at this time. For locations e911 is not currently available; you will be required to announce the location of your emergency to the PSAP dispatcher.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $99 surcharge per 911 call.

By using CBV’s Enhanced 911 service, Customer agrees that CBV, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with CBV is not held liable for emergency calls failing, even if it is determined that it is the fault of CBV or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the CBV 911 service of our limitations and make Customers agree to not hold CBV or Customer liable.

Customer will be charged a regulatory recovery fee of $2.50 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $99 surcharge per 911 call.

Section 12: Contract Term and Cancellation

You are entering into a Month to Month “Term” agreement to maintain the Services for the period of time indicated on the “the Order” that was signed to establish the Service.  If you cancel the Services without replacing or upgrading services of an equal or greater value, you will NOT be charged an Early Termination Charge.  The Term shall begin on the Service Start Date.  Customer may cancel this agreement within the first thirty (30) days of the Service Start Date.  If customer experiences service interruptions or service related problems that CBV is unable to correct within thirty (30) days of written notice by Customer, the Customer can cancel. For Clarification Early Termination fees DO NOT apply to any of our services, however customer must provide 30 days notice of cancellation and account must be in good standing. Customer may be required to continue to pay any monthly service charges until all numbers and services are disconnected or moved away from CBV. Hardware and other non-recurring charges will not be refunded or credited if Services are canceled, once such hardware is delivered to Customer site. Upon cancellation customer will be required to pay all outstanding charges for rent-to-own hardware included in this agreement.

Section 13: Governing Law and Venue

These Terms and Conditions shall be governed by the laws of the State of Michigan and any disputes or controversy arising hereunder shall be arbitrated or adjudicated in Macomb County, State of Michigan. The Customer hereby consents to personal jurisdiction for all claims of any nature concerning the Customer and CBV in Macomb, Michigan and specifically consents to service of process being effectuated by certified mail at the Customer’s address. In the event that any action is brought to enforce or construe any of these Terms and Conditions, or for the breach of these Terms and Conditions, or concerning the indemnification clause contained herein, the prevailing party shall be entitled to recover, in addition to all other damages, reasonable attorney’s costs and fees.

Section 14: Entire Agreement

These Terms and Conditions contain the entire understanding and agreement of the parties with respect to its subject matter and supersede all prior understandings or agreements regarding such subject matter. In the event of any conflict between these Terms and Conditions and the terms of any purchase order or acknowledgment, these Terms and Conditions shall control.