Jingler Service Agreement

This Agreement is between eParq LLC dba Jingler or Jingler Networks.. ("we"), ( "us"), ("Company"),(eParq LLC) or ( “Jingler") and the user ("you"), ("End user"), ("Customer") or ("Subscriber") of Jingler's Residential or Small Business Communications services. ("Service"). This Agreement governs the Terms and Conditions, Service and any devices, such as an IP phone, Jingler Computer/Server, (ATA) Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you acknowledge that you are of legal age to enter into this Agreement and become bound by its terms.

SERVICE

Term:

The ("Term") of this agreement begins on the date that the company activates services and continues for the duration of the standard monthly service period. At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the Customer provides Jingler, prior to the end of the current Term, notification of intention to terminate the service. Customer may also be required to commit to a new minimum term if customer changes service plans or upgrades equipment or device during any existing term or minimum term. The Customer agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the Customer of responsibility for paying all unpaid, accrued charges due hereunder. If the Customer chooses to terminate the service before the end of the current Term, the Customer will be immediately responsible for paying monthly service fees otherwise due for the duration of the Term. Customer represents that (1) he or she is at least 18 years of age and is legally competent to enter into this Agreement; (2) if acting on behalf of an entity, he or she is fully authorized to bind the entity.

Electronic Communications

When you visit Jingler’s websites or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of Jingler and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Jing;er and is protected by international copyright laws. All software used on this site is the property of Jingler and is protected by international copyright laws.

Small Business Use of Service:

If you have subscribed to Jingler Small Business, Standard, Custom or Basic Package services, this means that you are not to resell or transfer the service or equipment to any other person for any purpose, without express written permission from Jingler in advance. You agree that the Jingler Small Business and Basic Plans do not grant the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting or other activities that are inconsistent with normal Small Business usage patterns and that such use is deemed unauthorized use. Such unauthorized use of the service will obligate you to pay Jingler's higher rates for such service for all periods in which you use or have used the Service. Jingler reserves the right to immediately terminate or modify the Service, if Jingler determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities. If Jingler determines that usage is not consistent with typical small business customer usage, Jingler reserves the right to review usage of any minute usage plans to ensure that there is no end-user abuse of such plans. End-User agrees to use unlimited minute plans (US48/CA) , if offered, for normal voice calls and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by Jingler. Jingler may terminate service immediately if, in its sole discretion, if the End-User is abusively using the unlimited minute plan. Jingler reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Jingler will post to the website currently located at www.jinglernetworks.com/tandcs and in the control panel. Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website ("Change Date"), and no additional notice will be required. Jingler will post all changes thirty (7) days in advance of the effective date of change. End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End-User does not consent to the change of service and terminates this agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions., an equipment charge may apply. Jingler may increase or decrease prices for the Services or Plans without providing any prior notice to End-User. Basic and Unlimited plans do not include multi-party conference calls, calls to 900 numbers, directory assistance, calling card and operator services.

Lawful Use of Service:

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, defamatory, obscene, sexually explicit, profane, racially or ethically disparaging remarks or material of any kind when in Jingler 's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Jingler reserves the right to terminate your service immediately and without advance notice if Jingler, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Jingler against any and all liability for any such use that fails to comply with this Section. If, in its Jingler sole discretion believes that you have violated the above restrictions, Jingler may forward the objectionable material, as well as your communications with Jingler and your personally identifiable information to the appropriate authorities for investigation and prosecution. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of "hacking," "cracking" or defacing any portion of the Service, the Materials and/or any activities being conducted on or through the Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, or other harmful, destructive or disruptive components; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, data and in any way reproduce collect any information about other visitors or users of the Service and/or any of the Jingler 's employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through the Service.

Homeland Security Compliance:

Your use of the Service shall at all times comply with the provisions of the Homeland Security Act, as they may be amended from time to time. Jingler shall comply with any and all valid requests for information from any government and/or regulatory agency made pursuant to the Homeland Security Act.

Jingler Software Use:

Jingler hereby does not grant you a limited, non-exclusive, personal, non-assignable license to download, install and use the software onto a computer from us for your sole use to install, interact with and utilize. The software as configured, may only be used in connection with the Services provided by Jingler. Further, your unauthorized use of the software, as defined above, will result in immediate termination of this Agreement.

Loss of Service Due to Power Failure/Disruption:

You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption or disruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature. warrant and represent that you possess all required rights.

Tampering with Device:

You agree not to change any of the Jingler?s electronics, or to perform a factory reset of the Device, without express permission from Jingler in each instance. Jingler reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.

Theft of Service:

You agree to notify Jingler immediately, in writing and by calling the Jingler 's Tech Support, if you become aware at any time that your Service, username or password have been stolen or fraudulently used. When you call and write the Company to notify Jingler of such theft or fraudulent use, you must provide your Jingler number and a detailed description of the circumstances of the stolen or fraudulent use of Service. Failure to report such theft or fraudulent use to Jingler immediately may, at the sole discretion of Jingler result in the termination of your Service and additional charges to you.

Number Transfer on Service Termination:

Jingler may arrange for the transfer of the telephone number used in connection with the Service provided by Jingler to you upon your termination of the Service, provided: (i) your account has been properly terminated by you; (ii) your account with Jingler is completely current including payment for all amounts due Paid in full; (iii) you request the transfer upon terminating your account in accordance with the procedures set forth by Jingler and you have not defaulted in any of your responsibilities or obligations to Jingler. Jingler may, solely at the Company's discretion, release the telephone number that was ported in to Jingler by you and used in connection with your Service provided by Jingler to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service.

Return of Device:

The Device or equipment must be returned to Jingler when service is terminated. Jingler encourages use of the Service within the United States and Canada to other countries, Jingler does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

1.14 Encryption and Password Security:

Customers agrees to keep all user names, passwords and all other user encrypted information strictly confidential. Customer further agrees not to disclose login information or passwords to any third party for the purpose of sharing of End-User's Service. Customer understands that Customer is liable for the cost of all off-network and international calls using Customer's login information. The Company reserves the right to immediately terminate End-User's Service where unauthorized multiple use of the same Customer's account is detected.

Emergency Services/ E-911 Dialing:

Jingler supports 911 dialing and E-911 within our normal operating services. E-911 is the service that automatically gives the Emergency Services your SERVICE LOCATION ADDRESS. Your service and adapter is portable to any broadband connection, however if you travel with your Jingler number, or move your number to a new address You MUST re-register that new Service location Address with Jingler; otherwise, dialing 911 will connect you to the PSAP(Public Safety Answering Point) of the last registered physical Service Location Address location for your number and emergency operator answering the call will not have your exact address location, so you must be prepared to give them this information. All emergency calls would be routed to the public safety answering point and would display only the Services Location Address provided by the customer upon sign up. Service Location Address cannot be a PO box or storage area. You agree to advise all individuals of this limitation who may have occasion to place calls over this service from the location at which you have installed it. Jingler emergency dialing is only available on Jingler installed devices or equipment. When you dial 911 on your phone utilizing Jingler service, your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service.

In addition, Jingler 911 service has fewer capabilities than traditional 911 service as follows:

Jingler 911 service will not function if your adapter fails or is not configured correctly or if your Jingler service is not functioning for any reason, including, but not limited to, in the event of a power outage, broadband service outage, or suspension or disconnection of your service because of billing issues. If there is a power outage, you may be required to reset or reconfigure the Jingler equipment prior to being able to use your Jingler service, including for 911 purposes. The PSAP or local emergency service dispatcher receiving Jingler 911 emergency call is only going to be able to capture location information if you are at your Service Location Address, It is Customer's sole Responsibility to designate a correct physical address for E-911. For technical reasons associated there is a possibility that your 911 call will produce a busy signal or will take longer to answer, as compared to traditional 911 calls. Jingler advises users maintain an alternative way to contact 911, as VoIP 911 is still in its infancy. 911 and E-911 services are not available for International subscribers. Rouge 911 (Hi-Jacked) calls are billed at $250.00 per call.

Power Disruption/Outage:You acknowledge and understand that 911 dialing does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or 911 dialing. 2.2. Service Outage or Disruption Due to Suspension of Your Account:You acknowledge and understand that service outages due to suspension of your Jingler account as a result of billing issues will prevent ALL Service, including 911dialing.

DSL, Cable, Wireless Internet or Broadband Service Outage and Disruption: You acknowledge and understand that service disruptions and outages by your DSL, Wireless Internet, Cable and/or Broadband Service Providers will prevent All Service including 911 dialing. 2.4 Other Service Disruptions: You acknowledge and understand that if there is a service Disruption for ANY reason, such Disruption will prevent ALL Service, including 911 dialing. Such Disruptions may occur for a variety of reasons, including acts of GOD.

Mandatory Re-Activation of 911 Dialing: It would require RE-Activation of your 911 dialing feature in the event if you move, relocate, change your physical address and move your device to a new location.

Indemnification:

Subscriber agrees to defend, indemnify, and hold Jingler, its affiliates, subsidiaries, agents or representatives and/or any other provider who furnishes services to Subscriber in connection with this Agreement, harmless from and against any and all claims, Service Disruptions, Inability to dial 911 due to Service outages or damages relating to this Agreement including direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, lost of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply weather or not Jingler was informed of the likely hood of any particular type of damage

This section survives termination of this agreement.

Failure to Designate the Correct Physical Address When Subscribing to Jingler service: Failure to provide the current and correct physical address of your Jingler device will result in any 911 communication you may make being routed to the incorrect local emergency service provider. It is Customer's sole Responsibility to designate a correct physical address.

Charges/Payments/Billing/Termination /Taxes:

Charges and Payments:

Customer is to pay all charges by credit card pre-payment to the Customer's account including, but not limited to, Installation, monthly plan service charges or fees, taxes, equipment charges, and any other applicable charges. Jingler only accepts credit cards as a form of payment except for initial installation and first month charges which may be paid by check. Customer authorizes Jingler to periodically charge the current credit card account number provided by the Customer ("Credit Card") for all charges accrued during the applicable billing cycles for the duration of the Term. In addition to any other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Jingler may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Jingler. No termination of the Services or of this Agreement shall relieve the Customer from paying any amounts due hereunder. Monthly service fees and premium feature charges are paid in advance of each month's service, (International usage charges are not included in monthly fee or plan), and are charged on a per minute usage basis. All charges would be billed to the Customer's credit card or debited from existing account balance. 411 directory assistance calls are not included in the calling plans and are subject to applicable rates. Check International rates for current exact rates. Your initial use of the Service Provided by Jingler authorizes Jingler to charge the credit card account number with Jingler, including any changed information given to Jingler, if the card expires or is replaced, for Jingler charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Jingler receives your written notice terminating Jingler authority to charge your credit card. Jingler may terminate your Service at any time at its sole discretion, if any charge to your credit card on file with Jingler is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Jingler for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Jingler owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

Billing:

Jingler will bill you for Services on a monthly basis based on the usage charges in effect when the call placed and the monthly service charges in effect on the last day of your billing cycle. Monthly recurring plan charge begins accruing when the Service is available for your use;. All monthly recurring plans are billed in advance depending on the Service plan, while monthly usage charges, including all International usage, 411 directory assistance and any applicable plan overage charges, are billed in arrears on the activation anniversary billing date of every month; (C) Unless the applicable Rates provided otherwise, Jingler will bill you in 6 (six) second increments with partial seconds of use rounded up to the next six seconds. Jingler only accepts credit card as a form of payment except for initial installation and first month charges which may be paid by check. At the Time of sign up you must give us a valid credit card with the billing address on the credit card matching your physical address. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Jingler immediately. We will bill all charges monthly to your credit card, including but not limited to: Installation, monthly Service fees, international usage charges, 411 directory assistance charges if applicable, activation and shipping and handling charges. Jingler reserves the right to bill at more frequent intervals if the amount due at any time exceeds $30. Online Billing Solution is available for all Residential and Small Business Customers Only.

3.3 Billing Disputes:

You must notify Jingler in writing within 30 days after receiving your credit card statement, You must submit a documented claim regarding the disputed amount within 30 of your credit card statement of the bill on which the disputed charges appear. All claims regarding disputed charges not submitted to Jingler within such time are deemed waived. Billing disputes should be notified to the following address:

Jingler Networks



P.O Box 7182
Burbank, CA 91510
E-mail: info@jinglernetworks.com
www.jinglernetworks.com

3.4 Price Changes:

We may change the prices and charges for the Services and/or international calling from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services and/or international calling are effective no sooner than Ten days after we post them on our web site at www.myvoip.com. Increases to charges that recover our costs associated with government programs are effective no sooner than 3 days after we post the increases on our web site.

(b) Failure to Pay: Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service and dialing Emergency 911 services.

Termination of Service:

Jingler reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, Customer's breach of this Agreement, Customer's failure to pay any sum due hereunder, suspected fraud or other activity by Customer that adversely affects the Services, Jingler network or other End user's use of the Services. Jingler reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and Customer agrees that Jingler 's determination is final and binding on Customer. Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. Taxes on Service: Any applicable sales, use, excise, public utility, federal, state, municipal, local or other government sale, use, excise, value-added, or other taxes, fees or charges imposed on Jingler as a result of providing the Service will be billed to your account. Customer is responsible for, and shall pay any and/or all applicable taxes, fees or charges, mentioned above, now in force or enacted in the future by the regulating authorities in result of service provided to the Customer by Jingler.

No Warranty On Service:

Jingler will use reasonable efforts under the circumstances to maintain its overall network quality. The quality of service provided hereunder shall be consistent and standardized with carrier industry standards. Jingler makes no other warranties about the service provided, express or implied. Neither Jingler nor any of its affiliates, nor the directors, employees or other representatives or any of them, is liable for damages arising out of or in connection with the use of Service and or Device provided by Jingler to the Customer. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, degradation of voice quality or loss of content, loss of or damage to property and claims of third parties. Jingler agents or installers are informational and are not given as a warranty of any kind. Jingler makes no express representations or warranties about its services and disclaims any implied warranties, including but not limited to or implied warranties of merchantability or fitness for a particular purpose. Jingler does not authorize anyone to make a warranty of any kind on its behalf and End user may not rely on any statement of warranty. Jingler is not the manufacturer of the Device or adapter used by the End user and the only warranty applicable to the device used in connection with the services provided by the device or adapter manufacturer. This section survives termination of this Agreement.

Cancellation of Services:

After the first 14 days, if you cancel your service for any reason or are terminated for violation of terms of service, you will be charged for installation and immediately on demand, (1) all sums then due and unpaid plus (2) the monthly service fee.. You must return the device within 3 days of cancellation of service.

Changes and Notices To This Agreement:

Jingler may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the website. Agreement and Notices posted supersedes all previously agreed to electronic and written Service Agreement..

Mandatory Arbitration:

The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any dispute or claim between Customer and Jingler arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (or, for The arbitration shall take place in Burbank, California and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this Arbitration provision Constitutes a waiver of any right to a Jury trial. Arbitration Filing Procedure:

Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives at the customer service number on your Jingler bill for the Services, or write to us at Jingler, P.O. Box 7182, Burbank, California, 91510.. You must give us an opportunity to resolve the dispute. Similarly, before Jingler takes a dispute to arbitration, Jingler must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or Jingler is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 725 South Figueroa, Suite 2400, Los Angeles, CA, 90017 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying Jingler within thirty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.

Governing Law:

The Agreement and the relationship between you and Jingler all be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason, you and Jingler agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of Jingler to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Severability: If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

Entire Agreement:

These terms and conditions (but expressly not including any terms and conditions of End User's documents, including any purchase order) constitute the entire agreement with regards to this sale and expressly supersede and replace any prior or contemporaneous agreements, written oral, relating to said sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.




____________________________________________
Customer

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Authorized Signer and Title and Date

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