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Terms & Conditions

Introduction

These Terms and Conditions govern and are incorporated into all Service Agreements, Addendum(s), and any other contracts or agreements entered into between ZettaLync ("ZETTALYNC") and the Customer (collectively, the "Parties").

1. Definitions

Unless otherwise stated, the following definitions apply throughout these Terms and Conditions:

1. Complete Agreement

The overall agreement between the Parties regarding the provision of Services, consisting of these Terms and Conditions and all other applicable documents, including any Service Agreement.

2. Services​

Provisioning of voice services, Internet access (including shared bandwidth and dedicated lines), domestic, international, and toll-free termination and origination, conferencing, hosting, server colocation, hardware sales, and related customer support services.

3. Service Agreement

A document describing the Services provided, whether or not physically or electronically signed, which forms part of the Complete Agreement.

4. SIP

Session Initiation Protocol. A "SIP-aware device" is a communications device capable of communicating using SIP.

5. Software

Any computer program, application, or code provided by ZettaLync under this Agreement.

2. Priority of Rights and Governing Documents

1. Order of Priority

The following documents, listed from highest to lowest priority, collectively form the Complete Agreement:

  1. Written Contracts
  2. Filed Tariffs
  3. Website Terms
  4. Internet Click-Through Agreements
  5. Non-Website Terms
  6. Pricing on Paid Invoices

2. Conflicts Between Documents

In the event of a conflict, the document with higher priority controls. Documents of equal priority defer to the more specific document.

3. Complementary Documents

Multiple documents may apply. Documents related to Services not purchased by the Customer do not apply.

4. Expiration of Written Contracts

If a Written Contract expires and services continue, its terms may remain effective unless superseded by Filed Tariffs or Website Terms.

5. Posting and Amendment of These Terms

If posted on the ZettaLync website, these Terms are considered Website Terms and may be amended by posting.

3. Services and Equipment

1. Provision of Services

ZettaLync will provide Services in accordance with the Complete Agreement. Service delivery is contingent upon Customer granting access to required premises.

2. Required Equipment

Customer is responsible for customer-owned equipment. ZettaLync-owned equipment remains ZettaLync property at all times.

3. Access to Premises

Customer authorizes ZettaLync personnel to access premises for installation, maintenance, and removal of equipment.

4. Ownership of Equipment

All ZettaLync equipment and software remain the property of ZettaLync. Replacement costs apply for lost or damaged equipment.

5. Backup and Data Responsibility

Customer is responsible for backing up data. ZettaLync bears no liability for data loss or equipment damage.

6. Non-Recommended Configurations

Use of unsupported configurations may limit service quality and support eligibility.

4. Installation and Software Licenses

1. Installation

Installation may be performed by ZettaLync or self-installed by the Customer at their own risk and expense

2. File Modification

System file modifications may occur. ZettaLync is not liable for resulting disruptions.

3. Software License

ZettaLync grants a limited, non-exclusive, non-transferable license to use provided Software solely for Service access.

4. Limitation of Liability – Software and Managed Services

ZettaLync is not liable for misuse, security failures outside its scope, or Client failure to act on recommendations.

5. No Guarantee

No system or service is guaranteed to be fully secure.

5. Payment Terms

1. Fixed Monthly Fees

Fees are billed monthly in advance and are subject to applicable taxes and fees.

2. Usage-Based Fees

Usage fees are billed monthly in arrears and may change subject to contract terms.

3. Installation Charges and Deposits

Non-recurring charges and deposits are due as specified in the Service Agreement.

4. Payment Authorization

Customer authorizes automatic billing via approved payment methods.

5. Late Payments

Late payments may result in service suspension or administrative charges.

6. Customer Conduct and Fair Use

1. Prohibited Uses

Customer may not use Services for unlawful, abusive, or unauthorized purposes.

2. Fair Usage Policy

Flat-rate services are subject to reasonable usage limits.

3. Call Flooding Protection

ZettaLync may temporarily block excessive or harmful call attempts.

4. Suspension and Indemnification

Violations may result in suspension or termination, and Customer agrees to indemnify ZettaLync.

7. Service Interruptions

1. Prorated Credits

Credits are available for qualifying service outages upon written request.

2. Force Majeure

ZettaLync is not liable for interruptions beyond its reasonable control.

8. Contract Term and Termination

1. Term Duration

Unless otherwise stated, the Initial Term is one (1) year from the Effective Date.

2. Early Termination Fees

Early termination may require payment of applicable termination fees.

3. Post-Termination Obligations

Customer must return equipment and settle all outstanding balances.

9. Content and Users

Customer assumes all risk related to accessed content and is responsible for all users of the Service.

10. Limitations of Liability

ZettaLync is not liable for indirect, incidental, consequential, or punitive damages, except where prohibited by law.

11. 911 Emergency Services

ZettaLync 911 services differ from traditional landline 911. Customers must maintain alternative emergency access.

12. Indemnification

Customer agrees to indemnify and hold harmless ZettaLync against all related claims and expenses.

13. Privacy Policy

ZettaLync collects and uses Customer information in compliance with applicable privacy laws.

14. Fraudulent Calls

Customer is responsible for all charges resulting from fraudulent or unauthorized calls.

15. Miscellaneous Provisions

Includes governing law, notices, amendments, severability, assignment, and entire agreement clauses.

16. Dispute Resolution

Includes waiver of jury trial and class actions, notice requirements, and dispute procedures.

17. Arbitration

Most disputes must be resolved through binding arbitration under AAA rules.

18. International Services

International services are provided upon request and subject to defined country pathways.

End of Terms & Conditions

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