Communication Services Terms

Communication Services Agreement, which includes these Communication Services Terms (collectively, the "Agreement") This Master Terms & Conditions Agreement (the "Master Agreement") is applicable to customers and users ("You") of Avvanta, Avvanta.COM LLC, and all other Avvanta affiliated entities ("Avvanta"). Avvanta is a Washington corporation. Its address is: 2033 6th Ave, Suite 740, Seattle WA 98121.

1. Date Of Services - The date for the billings for Services to begin (the "Billing Date") shall be the date on which data packets for the Services can be sent to Customer, as determined by Avvanta. Notwithstanding the above, the date shall not be later than 50 days from the above date of this Agreement. Unless otherwise stated, if 50 days after the date of this Agreement the Services have not commenced through no fault of the Customer, Customer may terminate the Services with no penalty beyond any Services or hardware sales that have been performed by Avvanta and received by Customer. Avvanta tries to deliver Services on or near the date requested. As the order process involves many parties and wiring facilities, there are conditions that can delay the initiation of Services. Avvanta is not liable for losses by Customer in the event of an order delay. Telephone numbers are not guaranteed until working.

2. Term - While effective when signed, the term of the Agreement (the "Term") shall commence on the Billing Date and shall continue for a two year term. At the end of the two-year Term, if you have not signed up for a new Term, the Services shall continue on a month-to-month basis at the then current month-to-month rate until terminated by either party by giving not less than 30 days prior written notice to the other party.

3. Payment and Billing - Customer shall pay when due for Services at rates set out in this Agreement. Payment for Services are due in advance. The due date is the Billing Date. For all payments received more than 10 days after the Billing Date Avvanta reserves the right to assess a late fee equal to 1.5% of the amount due, or such lesser amount as allowed by applicable law. If payment is not timely made, Avvanta may suspend or terminate your Services. Any billing errors or requests for credit must be reported to Avvanta within 90 days of the error or event, and adjustments or refunds to Customer for errors or events over 90 days will not be made.

Avvanta will invoice you for any governmental taxes or fees it reasonably believes are applicable to your Services. If you fail to pay any such taxes/fees that are properly billed to you, you are solely responsible for payment of any applicable penalties or interest. You agree that if there is any tax or fee payable applicable to your Services which is to be collected by Avvanta but which Avvanta does not collect for any reason, upon assessment thereof by the applicable taxing agency, and demand by Avvanta, you will immediately remit the same to Avvanta or the agency, as directed by Avvanta, even if such assessment arises after the termination of your Services.

You are responsible for charges you incur with third parties, such as on-line services or products, or parties who charge for their telephone-based services. You agree to pay all collection costs, including reasonable attorney's fees, for non-payment of sums owed under this Agreement. Restrictive endorsements on any checks you offer for payment shall have no legal effect. Accepting partial payments shall not prejudice Avvanta's rights to collect the full balance owed to it.

4. For Avvanta DSL Customers Only - High speed Internet access services provided by Avvanta are subject to varying fees and charges. The fees & charges to Avvanta to provide such services will be passed on to the Customer as a Telecommunications Recovery Fee. If your service location is in Washington State this fee is 12%; for service locations outside of Washington State this fee is 5%. This fee is not applicable to other Avvanta services.

5. Telecom Charges Not Included - Except as otherwise set out in the Agreement, the Services provided are exclusive of any telecommunications charges from third parties which may be required to establish a hard wire connection for the Customer's premises/equipment to Avvanta, and all such costs and the associated terms and conditions required by the telecom company to perform such services are Customer's responsibility. Customer is responsible to have its site/wiring/equipment ready for installation of any needed telecommunications line and to pay a third party for the extension of such a line to its premises if required.

6. Loaned or Leased Equipment - Avvanta equipment may be given, loaned, leased or sold to Customer to utilize the Services. The Customer is responsible for maintaining any such loaned or leased equipment in good working condition. Customer shall reimburse Avvanta or its business affiliate on a time and materials basis for the cost to repair and/or replace Avvanta equipment in the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical damage, (d) theft, or (e) other loss. Customer acknowledges and agrees that title to Avvanta loaned or leased equipment is retained at all times by Avvanta and Customer agrees to return such Avvanta equipment within 7 days after the Services terminates or be liable for the purchase price. Avvanta may, at its option, replace equipment it provides or sells if it malfunctions. You agree to only install/use any Avvanta equipment at the Service address above.

7. Rebates You are solely responsible for obtaining any applicable rebate for internet connectivity. Please do this promptly as there is often a time limit on obtaining a rebate. To obtain a Covad or New Edge rebate, email to rebates@Avvanta.com and we will email you back a circuit number and the internet link that you can use to download your rebate form.

8. Network Security - Unless the Description of Services above provides otherwise, Avvanta provides no user access security with respect to Customer facilities or facilities of others. Customer shall be responsible for user access security and network access. Avvanta may assist in network security breach detection or identification, but shall not be liable for any inability, failure or mistake in doing so. The Internet is not a secure network. Confidential or sensitive information should not be transmitted over the Internet without encryption. Avvanta is not responsible for loss or theft of information transmitted over the Internet.

9. Services Usage Restrictions - The Services are provided for the use of a single customer and may not be resold. The Services may not be used in violation of any generally accepted Internet or community standards or any laws or regulations of applicable governmental units. Actions such as misuse of copyrighted or protected materials, use of the Services for defamatory, threatening or obscene purposes, and the mass distribution of any unsolicited message to users of the Internet is prohibited. Customer agrees to not violate Avvanta's Abuse Policy posted at www.Avvanta.com/abuse-policy.shtml or similar successor website. Any such violations of Avvanta's service usage restrictions herein may be grounds for termination of the Services and the collection of applicable damages suffered by Avvanta. Avvanta may restrict or block any service it provides if it believes that this is needed to prevent harm to its networks or to prevent possible fraud.

10. IP Addresses and Routing Network Numbers - Any IP number assigned to Customer will only be used for the agreed Services. Upon IP address reassignment or expiration, service cancellation, or termination of the Agreement, Customer shall relinquish to Avvanta any IP addresses or address blocks previously assigned to Customer by Avvanta. Avvanta reserves the right to reclaim from Customer any assigned IP addresses that are not used by Customer within 120 days of their assignment. All Classless Inter-Domain Routing ("CIDR") network numbers that may be required for the Services shall be provided solely by Avvanta. When the Services ends, all CIDR numbers must be relinquished to Avvanta for reallocation to other customers and will not be available for continued use by the departing Customer.

11. Failure of Services - Avvanta is not liable for inconvenience, loss or damages from failures of Services by the local exchange or the interexchange carrier, or other third party, or caused by strikes, labor disturbances, Acts of God, or any event or force of nature which prevents commencement of the Services or continuation of the Services. Upon receiving written notice from you, Avvanta will use reasonable efforts to cure the problem. If the Services can not be provided for an extended period of time due to failures of Services by an Avvanta backbone exchange carrier or other third party affiliated with Avvanta, or due to strikes, labor disturbances, Acts of God, including an event or force of nature, then Customer may give notice to terminate this Agreement without liability if Avvanta is not readily able to cure the service failure within a reasonable time after receiving such notice.

12. Services Credits - Avvanta's services have historically been extremely reliable. A DSL circuit or wireless connection provides upstream and downstream maximum throughput rates that may vary, based on a number of factors. The maximum DSL throughput rate depends on such factors as the distance of the Customer's location from a Central Office or DSLAM and the quality of the telephone line serving Customer's premises.

In the event of a Services interruption for a full calendar day, Avvanta will provide an additional day of Services at the end of the stated term for each day Customer experiences this problem. This is the sole remedy available to Customer for Services disputes and will be granted solely by Avvanta. A "Services interruption" for this purpose does not include periods when all or part of the network is unavailable due to (i) scheduled network normal maintenance, (ii) failure or malfunction of equipment, applications or systems not owned or not controlled by Avvanta or its 3rd party providers, (iii) malfunction or inappropriate engineering of Customer's network, applications, equipment, or facilities, (iv) negligence and acts or omissions of Customer or those affiliated with Customer, or (v) circumstances or causes beyond the control of Avvanta or its third party providers, including but not limited to fire, flood, severe storms, earthquake, volcanic eruption, or acts of war or terrorism. Customer must give Avvanta notice of any such Services interruption or claim for Services credits within 30 days of the event related to the claim. Unless the Services interruption is caused by failure of Avvanta's internal system, no credit can be issued for the time prior to the Customer giving Avvanta notice of the problem.

13. Termination - If Customer cancels the Services before the end of the Term specified in section 2 above or the Agreement is terminated by Avvanta based on a material, uncured breach of the Agreement by Customer, the Customer agrees to pay an agreed Early Termination Fee equal to the balance of the remaining payments for the Term specified under this Agreement and to repay (a) any amounts rebated for the Services, and (b) the discounts directly related to the specific bundling of Services under this Agreement. For certain special circumstances (Customer relocating offices, etc.) a lower or no termination fee may be charged at Avvanta's discretion. Customer is responsible for verifying that the cancellation request was processed and they are no longer being billed for service. Cancellation by Customer requires 30 days notice in advance and must go to cancellations@Avvanta.com. You must obtain a cancellation ticket number to confirm your cancellation. Your cancellation will be effective on the latter of (a) the first business day after it is received by Avvanta, or (b) the date the backbone provider, if any, disconnects the Services, which takes from 1-30 days.

The Agreement may be terminated by either party in the event the other party breaches a material term or condition of the Agreement and fails to cure said breach within 10 days from receipt of written notice from the non-breaching party. In addition, Avvanta may terminate this Agreement immediately in the event that Customer (a) is more than ten days past due in paying any amounts due to Avvanta, (b) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or other similar law, or (c) Customer fails to comply with Avvanta usage restrictions or other terms and conditions of Avvanta's Abuse Policy.

Termination of Services and payment of the early termination fee does not relieve Customer from the obligation to pay any unpaid amounts owed under this Agreement for past Services rendered by Avvanta and will not result in any refund to Customer for periods prior to termination.

14. LIABILITY - Avvanta PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. Avvanta SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. Avvanta FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. YOU WAIVE ALL CLAIMS FOR ANY INTERFERENCE OR INCOMPATIBILITY BETWEEN EQUIPMENT OR SERVICES SUPPLIED HEREUNDER AND ANY OTHER SERVICES, EQUIPMENT OR SYSTEMS YOU HAVE.

Avvanta SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS OR REVENUES, REGARDLESS OF THE FORESEEABILITY THEREOF, OCCASIONED BY Avvanta'S ACTIONS OR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER OR ARISING FROM SOFTWARE OR HARDWARE MALFUNCTIONS. IN NO EVENT SHALL Avvanta'S AGGREGATE LIABILITY TO A CUSTOMER UNDER THE AGREEMENT OR OTHER CONTRACT, FOR INDEMNITY, CONTRIBUTION, BREACH OF STATUTORY DUTY, CONTRACT CLAIMS, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OR TORT, EXCEED $200. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION. WEBSITE HOSTING CUSTOMERS ACKNOWLEDGE THAT IT IS THEIR RESPONSIBILITY TO BACK UP ALL DATA AND CODE FOR THEIR WEBSITE.

If you use Avvanta broadband or wireless internet connectivity service for voip/phone services provided by another company, you realize that Avvanta does not provide 911 or E911 emergency phone services; those must come from your phone service provider. Avvanta will not be responsible for any personal injury or death related to 911 or E911 failures.

15. Indemnification - Each party shall be indemnified and held harmless by the other against claims of any third party for damages, losses, or injuries arising out of the negligent or willful act or omission of the other party or its agents, servants, employees, contractors or representatives.

16. For TrueRing Customers - If your bundle of communication services includes Avvanta's TrueRing internet phone service, the following E911 terms and conditions are applicable to you:

Limitations: The TrueRing phone service includes Enhanced 911 functionality ("E911") that may differ from normal land line 911 service or the E911 functionality furnished by other providers. As such, it may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICE, INCLUDING MAKING THEM AWARE OF ALTERNATIVE METHODS OF ACCESSING 911 SERVICES IN THE EVENT OF THE FAILURE OF THE TRUERING SERVICE. IF YOU HAVE ANY QUESTIONS ABOUT E911, CALL Avvanta.

E911 calls are routed to a regional public safety access point (PSAP). E911 identifies the location of the caller, routes the call to the appropriate local PSAP, and provides the PSAP with location information in order to speed response. VoIP over the Internet phone service such as TrueRing can present considerable E911 difficulties as the location of the caller can be difficult, if not impossible, to determine if the caller is not at his/her registered premises address.

It is the Customer's duty to determine whether or not its TrueRing service is interoperable with any security systems, medical alert or other critical systems connected to it. Avvanta does not recommend use of the service for unapproved security or other critical systems and can not be responsible for losses should its service may fail and result in loss of property or bodily injury when used in connection with a medical or security system.
1. Correct Address: In order for your E911 calls to be properly directed to emergency services, Avvanta must have your correct premises address. If you move the Service to a different address without Avvanta's approval, E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or your Service (including E911) may fail altogether. Therefore, you must call before you move the Service to a new address. Avvanta will need several business days to update your premises address in the E911 system so that your E911 calls can be properly directed. All changes in service address require Avvanta's prior approval.
2. Service Interruptions: The Service uses the electrical power in your home. If there is an electrical power outage, 911 calling may be interrupted if the battery backup in the telephone gateway device is not installed, fails, or is exhausted after several hours. Furthermore, calls, including calls to E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem.
3. Suspension and Termination of Service: You understand and acknowledge that the Service, including E911, as well as all online features of the Service, where we make these features available, will be disabled if your account is suspended or terminated.
4. Customer acknowledges that it has been advised to have a separate phone service such as a cell phone available for emergencies in case the Service should be temporarily unavailable for an indefinite period of time due to a technical failure of some portion of the Service or if the Customer is not at his/her registered premises address.
5. Customer acknowledges its/his understanding that the E911 service is available only within certain geographic areas within the US, and not available outside the US, and that no emergency dialing services of any kind are available outside these areas.
6. If you block your phone number, the E911 center may not be able to call you back.
Limitation of Liability and Indemnification: YOU ACKNOWLEDGE AND AGREE THAT Avvanta AND ITS OFFICERS AND EMPLOYEES AND SERVICE PARTNERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Avvanta AND ITS OFFICERS, EMPLOYEES AND SERVICE PARTNERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING E911 SERVICES

17. For Dish or Directv Satellite TV Customers - The terms and conditions of your TV service also include the terms and conditions in your contract directly with Dish Network or Directv.

18. Notices & Privacy - Notification to either party to the Agreement will be sufficient when emailed to the other party (if to Avvanta, to notifications@Avvanta.com) or if mailed to the other party's address in the Agreement and deposited in the United States Mail, first class, with postage prepaid. Such address may change by a written notice providing the new address to which notification is to be made. Avvanta reserves the right to contact Customer via e-mail or any other means for matters pertaining to the Services or other services. Avvanta does not sell or provide Customers information to third parties other than as required of it by law or legal process. See Avvanta's Privacy Policy at www.Avvanta.com.

19. General Terms - You agree to not violate the patent, copyright or other intellectual property rights in or pertaining to any firmware or software or Services supplied to you by Avvanta or its service partners, and you acknowledge that your right to use all such intellectual property rights are through revocable licenses. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. Because of credit considerations and other constraints you may not assign this Agreement without the prior written consent of Avvanta. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement will remain in full force and effect. Neither party shall have the right to use the other's name, trademark or trade name without the prior written consent of the other party for any uses not contemplated by this Agreement. The Agreement, including the documents incorporated herein by reference from www.Avvanta.com, represents the complete agreement and understanding of the parties with respect to the subject matter herein and supersedes any other agreements or representations. The laws of the State of Washington shall govern this Agreement. Nothing in the Agreement shall be deemed to confer any rights or remedies upon, nor obligate you or Avvanta to, any entity other than the other party to the Agreement, unless so stated to the contrary. A digital or electronic signature to this Agreement shall be as valid as a physical signature.

20. Modification - The Services being provided hereunder is subject to the "Terms & Conditions" posted on Avvanta's web site (www.Avvanta.com) at www.Avvanta.com/terms-and-conditions.shtml. These terms and conditions are incorporated herein by this reference and may be updated from time to time. While we may give you notice of changes, it is Customer's responsibility to periodically review Avvanta's web site to stay abreast of any modifications to the terms of service and your continued use of the applicable service for more than 30 days after the posting of any change shall constitute an acceptance of such change(s). In all other respects the Agreement may be modified only in a writing signed by authorized representatives of both parties. The waiver or failure by either party to exercise any right provided for in this Agreement shall not be deemed a waiver of that right in the future or of any other right under the Agreement.

21. Spam and Virus Catchers for Internet Service - Avvanta's SpamCatcher endeavors to identify and tag all spam messages in email, but it cannot stop spam completely, and you may regard certain messages as spam that our system protocols do not. In addition, the Avvanta VirusCatcher service endeavors to catch all email-sourced viruses, but Avvanta cannot guarantee detection and removal of unknown viruses. Avvanta recommends that you have anti-virus security software installed on your computer for the purpose of detection, scanning and removal of any new or pre-existing system viruses on your hard drive from a non-email source. Circumstances where viruses can get through the VirusCatcher scanning system include, but are not limited too, new viruses where software manufacturers have not yet issued signatures, as well as all situations of encrypted or compressed emails which by their nature cannot be scanned. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and the undersigned warrants that he/she is the Customer or has full authority to enter into this Agreement for the Customer, and is at least 18 years of age.

22. Service Calls. - If an Avvanta technician is dispatched at your request to your physical location, you will be billed for the visit at Avvanta’s standard rate; however, if Avvanta determines that the problem was not due to matters you are responsible for, then Avvanta will normally waive the charges. If a technician from a circuit service partner of Avvanta is dispatched to your business location, you will be billed for the visit at the same amount, if any, that Avvanta is billed by the 3rd party service partner for the service call. You will be credited back for some or all of the service call charges if the service partner agrees the problem was not your responsibility and credits us back.