Taxes and Surcharges
No additional fees and/or surcharges will be applied other than described in this document. Your
total costs will be based on the actual usage as per the rates above, plus local, state and federal taxes and surcharges.
Modifications and Changes
The customer is hereby granted the option to cancel service partially or in full in writing via
email, fax, or letter. Upon receipt of the written cancellation request, DTI will cancel
the service partially or in full as indicated in the document within 30 days as long as the
account is not past due. There are no disconnection fees. DTI hereby reserves the right to
discontinue services to the Customer upon a 30 day written notice period. Customer's failure
to pay an invoice by the due date may result in cessation of some or all services provided
by DTI.
Invoicing
DTI will generate an invoice either once a month or once the unbilled usage on the account exceeds
$100.00. Each invoice will include a full list of calls made, duration of the calls (measured
in seconds), numbers dialed and total charge for the call.
Warranties and Liabilities
DTI HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED AS TO THE PRODUCT
OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. DTI WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST, OR EXPENSE FOR
BREACH OF WARRANTY. DTI ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE. DTI DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, DTI EMPLOYEES,
AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON DTI'S BEHALF AND THE CUSTOMER
SHOULD NOT RELY ON ANY SUCH STATEMENT.
DTI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT TO SELL PRODUCTS
OR SERVICES TO CUSTOMER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE,
LOST DATA OR FOR ANY DAMAGES OR SUMS PAID BY CUSTOMER TO THIRD PARTIES, EVEN IF DTI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH
OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR
EXCLUDED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
DTI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM THE PROVISION, OR CUSTOMER'S USE,
OF SERVICES (INCLUDING 911 SERVICE), OR FROM THE UNAVAILABILITY OF THE SERVICE (INCLUDING 911
SERVICE), OR LIABILITY TO THIRD PARTIES, HOWEVER CAUSED, WHETHER BY THE ACT OR NEGLIGENCE OF
DTI, OR OTHERWISE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, NO ACTION, REGARDLESS OF ITS
FORM, ARISING UNDER THESE TERMS, MAY BE BROUGHT BY EITHER PARTY MORE THAN (2) YEARS AFTER THE
ACTION AROSE.
CHOICE OF LAW, FORUM, AND VENUE
This Agreement shall be deemed made in, and shall be governed by, the laws of the State of Texas.
The forum and the venue for any disputes and claims, including but not limited to defamation,
libel and confidentiality claims, arising out of any sales agreement and/or related to any
transactions between DTI and Customer shall be, at DTI's sole and exclusive option, Washington
County, Oregon or Dallas County, Texas or the courts with proper jurisdiction at the Customer's
location. Any provision of this agreement that is prohibited or unenforceable under the laws
of the State of Texas shall be ineffective to the extent of such prohibition or unenforceability,
without impairing or invalidating the remaining provisions of this agreement.
Late Fees
For the purposes of this Agreement a late fee is set at five percent (5%) of the balance past due, but not less than twenty-five dollars, and interest is set at $0.045% per day and calculated daily on all balances from the date of the invoice. A balance is deemed past due, for the purposes of late fees only, if not fully paid within three business days from the invoice date if payment is to be made by credit card or fourteen business days if payment is to be made by other means (check, money order or other).
Payment
By signing this form, I agree to abide by Douglas Telecom's Terms and Conditions of Sale as published
on their website at http://www.douglastelecom.com/terms.htm. I acknowledge that the DTI VoIP
Service is an Internet-based, telecommunications service and is not a traditional, analog telecommunications
service. Accordingly, I further acknowledge and agree that, due to the nature of the DTI VOIP
Service, traditional Emergency 911 Calling Service may not be available to me when using the
DTI VOIP Service under certain circumstances or at all and, if available, shall be subject to
the Terms.
I acknowledge and understand that DTI will not be liable for any service outage and/or inability
to dial 911 using Douglas Telecom’s service or to access emergency service personnel due
to the 911 dialing characteristics and limitations set forth in this document. I agree to defend,
indemnify, and hold harmless DTI, its officers, directors, employees, affiliates and agents and
any other service provider who furnishes services to me in connection with the service, from
any and all claims, losses, damages, fines, penalties, costs and expenses (including, without
limitation, reasonable attorney fees) by, or on behalf of, me or any third party or user of the
service relating to the failure or outage of the service, including those related to 911 dialing.
I acknowledge that DTI does not offer primary line or lifeline services, and that DTI strongly recommends that I always have an alternate
means of accessing traditional 911 services.
Furthermore, this Agreement shall be deemed made in, and shall be governed by, the laws of the
State of Texas. The forum and the venue for any disputes and claims, including but not limited
to defamation, libel, and confidentiality claims shall be, at DTI's sole and exclusive option,
Washington County, Oregon or Dallas County, Texas or the courts with proper jurisdiction at the
address below. Any provision of this agreement that is prohibited or unenforceable under the
laws of the State of Texas shall be ineffective to the extent of such prohibition or unenforceability,
without impairing or invalidating the remaining provisions of this agreement. In the event DTI
files a claim against me in a court of law for the purpose of enforcing DTI's security interest
in the Products or Services or places the account with a collection agency, I agree to pay a
seven hundred and fifty dollar default fee to DTI and cover any and all costs associated with
such action, including, without limitation, attorney's fees, collection agency fees and costs
incurred prior to, during, or subsequent to trial, and including, without limitation, collection,
bankruptcy, or other creditor's rights proceedings. In the event the sales invoice shall be placed
by DTI in the hands of an attorney or a collection agency for the purpose of collection, with
or without litigation, or for the purpose of enforcing DTI's security interest in the Products or
Services, I agree to pay any and all costs associated with such placement, including without
limitation, attorney's fees, collection agency fees and costs incurred prior to, during, or subsequent
to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights
proceedings.
