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Terms of Use |
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BULINK, Inc. SERVICES TERMS AND CONDITIONS
A. SERVICE OFFERING. You agree you are contracting for the services
("Services") referenced on the BULINK Service Order Agreement ("SOA")
with the applicable BULINK operating entities providing such Services
(herein, "Bulink"). This Agreement (as defined below) between you (You
may also be referred to as a "Customer") and BULINK sets forth the legal
rights and obligations governing the BULINK offer, provisioning, and
delivery of Services to you and your use of the Services. All applicable
tariffs are fully incorporated herein. For all Paid Services, in the
event of a conflict between the Terms and Conditions and a tariff, the
tariff shall control to the extent of any inconsistency. Upon
cancellation of any tariff, the Terms and Conditions shall control. The
terms and conditions set forth herein summarize in most respects the
Additional Terms. In the event of any inconsistency between the terms
contained herein and the Additional Terms, and only to the extent of the
inconsistency, the Additional Terms shall control.
B. TERM. The initial Service term shall be as set forth on the SOA (the
"Initial Term" or "Term") and shall begin on the Service Commencement
Date (as defined below). If no Initial Term is set forth, the term of
this Agreement is one year. If Customer or BULINK does not cancel the
Agreement before the end of the Term, this Agreement will automatically
renew for a similar term and at the rates specified in the SOA (unless
otherwise stated in the notice) and pursuant to the Terms and Conditions
and applicable tariffs. Unless Customer has already provided notice of
its intent to terminate this Agreement, BULINK will notify Customer, at
least sixty (60) days prior to the expiration of the Term, regarding the
pending expiration of this Agreement and the automatic renewal of the
Agreement if no action is taken prior to expiration. If you notify
BULINK of your decision to cancel this Agreement within the notice
period provided, actual termination will occur on the next business day.
If you choose to take Service for a minimum term or minimum commitment
and you cancel Service before the end of the Term, you shall not be
subject to early termination charges.
C. RATES. The rates for Services shall be set forth in the SOA and shall
be valid for the Initial Term provided, however all rates for
international Services are subject to change on three (3) days notice
from BULINK, posted at BULINK's web site at Rates, new rates are
automatically effective on the 4th day from the date of such notice.
Customer acknowledges international long distance wireless terminations
are billed at higher rates, as further set forth in the Additional
Terms. Rates may include taxes, surcharges and fees charged by BULINK,
including but not limited to the Long Distance Access Charges.
D. RIGHT TO MAKE SERVICE CHANGES. BULINK retains the right to change,
increase or decrease from time to time, in its discretion and without
liability to Customer, the methods, processes and/or the suppliers by
which BULINK provides Services to Customer, as well as the right to
change, add to or delete Service or Service offerings with appropriate
notice to Customer.
E. PAYMENT. All services are prepaid. Calling privileges will remain
active as long as a positive balance remains in the account. Any account
reaching a zero balance will be automatically disabled. Customer shall
pre-pay BULINK for Services pursuant to this Agreement. Customer agrees
to pre-pay the applicable credit limit. All pre-payments are
non-refundable. Regular billing for the Services will begin on the
Service Commencement Date (as defined below). Invoices and Statements
will be available at www.bulink.com website and upon Customer's request
via fax or email for the specified period of Service (monthly). Receipt
shall be presumed within five (5) business days after mailing. Monthly
recurring charges (if any) are billed in advance while usage and related
charges are billed in arrears. Customer agrees that any additional
Services requested, whether verbally or in writing, (including but not
limited to an exclusive remedy and shall not waive any BULINK right to
pursue any other remedies. It is agreed that BULINK damages in the event
of Service cancellation or termination shall be difficult or impossible
to ascertain. Early termination charges are intended to establish
liquidated damages and are not intended as a penalty.
F. DISCLAIMER OF WARRANTIES. BULINK MAKES NO REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE
SERVICES, SYSTEM EQUIPMENT OR BULINK OWNED OR PROVIDED EQUIPMENT USED BY
THE CUSTOMER, INCLUDING ANY EQUIPMENT WITH RESPECT TO WHICH TITLE MAY
TRANSFER TO CUSTOMER (EXCEPT TO THE EXTENT SET FORTH IN A SEPARATE
BULINK SALE TRANSFER DOCUMENT). THIS INCLUDES, BUT IS NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR
EQUIPMENT FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF ANY THIRD
PARTY RIGHTS.
G. LIMITATION OF LIABILITY. 1. WITH RESPECT TO CLAIMS OR SUITS BY
CUSTOMER, OR ANY OTHERS, FOR DAMAGES RELATING TO OR ARISING OUT OF ACTS
OR OMISSIONS UNDER THIS AGREEMENT AND/OR SERVICES PROVIDED HEREUNDER,
BULINK’s LIABILITY FOR SERVICE INTERRUPTIONS OR SERVICE PROBLEMS, IF
ANY, SHALL BE LIMITED TO CREDIT ALLOWANCES AS EXPRESSLY PROVIDED IN
APPLICABLE TARIFFS. 2. BULINK SHALL NOT BE LIABLE FOR ANY LOSSES OR
DAMAGES RESULTING FROM: (A) THE DELIVERY, INSTALLATION, MAINTENANCE,
OPERATION, USE OR MISUSE OF AN ACCOUNT, EQUIPMENT, OR SERVICE; (B) ANY
ACT OR OMISSION OF CUSTOMER, OR ITS END-USERS OR AGENTS, OR ANY OTHER
ENTITY FURNISHING EQUIPMENT, PRODUCTS OR SERVICES TO CUSTOMER; OR (C)
ANY PERSONAL OR PROPERTY DAMAGES DUE TO THE LOSS OF STORED, TRANSMITTED
OR RECORDED DATA RESULTING FROM THE SERVICE OR THE EQUIPMENT, EVEN IF
BULINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ONLY
EXCEPTION SHALL BE TO THE EXTENT PROPERTY DAMAGE TO CUSTOMERÂ’S PREMISES
IS CAUSED DUE TO BULINK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVIDED, HOWEVER, IN NO EVENT SHALL BULINK LIABILITY FOR DIRECT DAMAGES
BE GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO BULINK
DURING THE ONE MONTH IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES
ARE CLAIMED. 3. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL
DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE LOSS OF DATA, GOODWILL OR PROFITS, SAVINGS OR REVENUE,
OR HARM TO BUSINESS, WHETHER UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY CAUSE WHATSOEVER.
H. INDEMNIFICATION. Customer agrees to indemnify, defend and hold BULINK
and its officers, directors, employees, agents, affiliates and suppliers
harmless from and against any claims, actions, demands, losses and
damages, including attorney's fees, relating to any violation of this
Agreement or related acts or omissions by Customer, its end users, or
other users of its account, or the placement or transmission of any
message, information, software or other materials on the Internet by
Customer or end users of Customer's account. This indemnification shall
survive the termination of the Agreement.
I. COMPLETE AGREEMENT/ADDITIONAL TERMS. This Agreement, incorporating
all the items referenced herein, represents the complete agreement of
the parties, and supersedes all other agreements whether written or
oral. This Agreement may be modified only by written agreement executed
by authorized parties, changes to the URL sites referenced, changes to
tariffs or as otherwise specifically provided herein. This Agreement
shall be governed by the substantive law of the Commonwealth of Nevada
without reference to its principles of conflicts of laws, and Customer
consents to the jurisdiction and venue of the Federal District Court,
Carson City, State of Nevada.
The ADDITIONAL TERMS and tariffs may be modified from time to time AT
BULINK DISCRETION OR AS REQUIRED BY APPLICABLE LAW. You agree to review
such CHANGED ITEMS from time to time and be bound by SUCH CHANGES, as
they pertain to the particular Services you choose now or may choose in
the future. if BULINK determines changes to the ADDITIONAL TERMS and
TARIFFS will materially and detrimentally affect your service or rights
and are not mandated by law or regulation, BULINK will use commercially
reasonable efforts to provide notice of such changes and an opportunity
to object in writing IN THE MANNER PRESCRIBED IN SUCH NOTICE. In any
case, the changes SHALL NOT diminish ANY APPLICABLE SERVICE LEVEL
AGREEMENTS ENTERED INTO AT THE SERVICE COMMENCEMENT DATE. You hereby
consent to the incorporation of applicable Tariffs and the additional
TERMS, INCLUDING THE DISPUTE RESOLUTION PROVISIONS. YOU AGREE THAT
ACCEPTANCE OF THIS AGREEMENT CONSTITUTES CONSENT TO THE USE OF
ELECTRONIC RECORDS. You may request hard copies of part or all OF the
terms at any time by calling 1-800-367-8831. The offering and
provisioning of Services is subject to any required BULINK approvals and
any regulatory commission review, approval and requirements. If you use
the Services, you are deemed to have accepted the Terms and Conditions,
the AUP, and the applicable tariffs.
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