||VoIP Terms and Conditions
This agreement (“Agreement”) is between RCI Communications, Inc. (“RCI”) and an end user (“End User”) of the RCI Communications Voice and Video Communications Service (“RCI VoIP”). Any RCI VoIP services or products (“Services”) provided by RCI to End User shall be governed by the terms and conditions herein. By activating the Services, End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End User acknowledges that they are of legal age to enter into this Agreement.
a. 911. RCI 911 service is different from traditional 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located when using your RCI service.
Most of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911 your RCI telephone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911 or limited E911 service, when you dial 911, local emergency operators answering the call may not see your RCI telephone number or your registered address because the emergency center may not be equipped to receive, capture or retain your RCI telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers’ information, we will automatically upgrade customers with basic 911 to E911 service. We will not notify you of the upgrade.
Certain customers do not have access to either basic 911 or E911. If you don’t have access to basic 911 or E911, your 911 call will be sent to the RCI national emergency call center. A trained agent at the emergency call center will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location. Your 911 call will also be sent to the RCI national emergency call center if there is a problem validating the registered address provided by you, you are located in an area that is not covered by the land line 911 network or you use a Wi-Fi, RCI softphone or some other portable device.
For each phone line you must provide a registered address where you will be using our service at the time you subscribe. Additionally, if you move your device to another location, you must update your address. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. For purposes of 911 dialing, you may register only one location at a time for each phone line.
b. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE 911 SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER WHEN SERVICE IS TERMINATED BY SIP, OR AN IAD (INTEGRATED ACCESS DEVICE.)
c. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL MAY NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE WHEN USED TO DELIVER SERVICE.
d. NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT INITIALLY SETUP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, FAX MACHINES, AND SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST RCI FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES. YOU MUST INFORM US THAT YOU WILL BE USING THIS FEATURE FOR IT TO BE ACTIVATED.
- TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY RCI, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON RCI. No waiver or amendment to this contract or these terms and conditions shall be binding on RCI unless made in writing expressly stating that it is such a waiver or amendment and signed by a representative of RCI.
- TERM. Service is offered contracted basis outlined in your agreement. The term begins on the date that RCI activates your Service and continues in whole months after the initial month. Subsequent terms of this Agreement automatically renew on a monthly basis after your contracted term without further action by you unless you give RCI written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges including toll charges, plus any disconnect fees or early termination fees, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement or any other services in the agreement.
- 911 AND SERVICE REQUIREMENTS.
a. PAYMENT. Upon purchase of the Service, End User must provide RCI with a valid credit card number from an accepted issuer (Visa, MasterCard, or Discover). End User authorizes RCI to charge the credit card number provided by End User (“Credit Card”) for all charges arising from End User’s use of the Services. End User agrees to notify RCI of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. RCI shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons.
b. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subjected to credit approval or review by RCI. End User will provide such credit information or assurance as is requested by RCI at any time. RCI, in its sole discretion and judgment, may discontinue credit at any time without notice.
c. BILLING. RCI will provide End User with on-line service listing for the Services and bill all charges for End User’s account to the Credit Card on or about the 1st of each month. Such charges shall include activation fees, monthly service fees, shipping charges, termination fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month’s service; toll charges and any other applicable charges are billed at the end of each month’s service. RCI reserves the right to charge the Credit Card for toll charges at any time if End User’s cumulative toll charges for the current month exceed two hundred and fifty dollars ($250.00). Billing for monthly service fees commences upon receipt of the equipment for the Services, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
d. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, RCI may suspend or terminate the Services and all accrued charges shall be 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 RCI. If charges cannot be processed to the Credit Card, End User will be given 10 days email notice prior to suspension. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder and leaves End User FULLY LIABLE to RCI for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by RCI in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.
e. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides RCI with an appropriate exemption certificate. If any amounts paid for the Services are refunded by RCI, applicable taxes may not be refundable.
f. CREDITS. End User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances for interruption of the Services shall not be provided.
g. DISCOUNTS. From time to time in its sole discretion, RCI may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
h. BILLING DISPUTES. End User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End User waives any objection.
i. EARLY TERMINATION FEE. 100% of the remaining charges in agreement term plus any waived installation fees and full retail price of non-returned equipment. This is exclusive of any other RCI services. A number transfer or “Port” to a new provider does not constitute written notice. Any services transferred will be terminated and we will select the most appropriate billing plan for any remaining numbers and/or services on your account, and you will continue to be responsible for all the charges and fees associated with the remaining services, including any cancellation fees applicable to the ported number.
- EQUIPMENT. To provide the Services, RCI may provide Equipment to End User. All Equipment shipments are F.O.B. RCI’s facility. RCI’s liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a twelve (12) month manufacturer’s warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from RCI to return any Equipment. RCI will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. RCI will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by RCI, and End User will be responsible to pay return shipping charges.
- BILLING, CHARGES AND PAYMENT.
a. Mandatory Arbitration. Any dispute or claim between End User and RCI arising out of or relating to the Service or Equipment 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 . The arbitration shall take place in Eaton Rapids, Michigan 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.
b. Governing Law. The Agreement and the relationship between you and RCI shall be governed by the laws of the State of Michigan 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 consistent with Section 26.1, End User and RCI agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Michigan, to the extent possible in Eaton County, and waive any objection as to venue or inconvenient forum. The failure of RCI 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. End User agrees 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.
- TOLLS. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then applicable toll charges that are associated with the Plan. Every call to or from Equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with RCI will also count as PSTN minutes and be subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States to a non-RCI account or IP partner will be charged at the current rates. The duration of each call is to be calculated in thirty (6) second increments and rounded up to the nearest thirty (6) second increment with minimum call duration of thirty (30) seconds.
- CHARGES FOR DIRECTORY CALLS. RCI will charge $2.50 for each call made to RCI directory assistance.
- TELEPHONE NUMBER. Any telephone number provided by RCI (“Number”) to the End User shall be leased and not sold. End User is not to use the Number with any other device other than the Equipment without the express written permission of RCI. RCI reserves the right to change, cancel or move the Number at its sole discretion.
- LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without the express written permission of RCI. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End Users who have existing Equipment belonging to RCI shall pay RCI for any such lost, stolen or broken Equipment in an amount equal to the retail price of the Equipment less amounts End User had previously paid specifically for said Equipment. End User shall immediately notify RCI of any lost or stolen Equipment and shall cooperate with RCI in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At RCI’s sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that RCI is informed of the loss or theft and can effect a termination of the Services.
- PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of RCI or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End User understands that neither RCI nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of RCI. RCI’s Service Plans for residential subscribers that offer unlimited minutes of local calls (“Unlimited local Plans”) are for the reasonable personal residential use of End User only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns. End User agrees to notify RCI if usage of the Unlimited local Plans changes from personal residential use. RCI reserves the right to immediately terminate or modify the Services of any End User using Unlimited local Plans if RCI determines, in its sole discretion, that End User is not using the Unlimited local Plans for End User’s reasonable personal residential use. Any usage in excess of five thousand (5,000) minutes per month shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above. The RCI Plans are limited to persons whose primary residence is within the United States.
- COMMERCIAL USE. End User agrees that the use of the Service and/or Equipment for activities other than reasonable personal residential use will obligate End User to pay RCI’s higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. RCI reserves the right to immediately terminate or modify the Service, if RCI determines, in its sole discretion that End User’s use of the Service is for non-residential or commercial use. If End User subscribes to RCI Virtual Office or another Business Plan, the Service and Equipment are provided to End User as a small business user. This means that End User is not to resell or transfer the service or device to any other person for any purpose, without express written permission from RCI in advance. End User agrees that RCI Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. RCI reserves the right to immediately terminate or modify the Service, if RCIdetermines, in its sole discretion, that End User’s Service is being used for any of the aforementioned activities.
- CHANGES TO THE AGREEMENT, SERVICES OR PLAN. ACD 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, RCI will post to the Web Site currently located at https://www.rcicommunications.com/voipterms. 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 Web Site (Change Date), and no additional notice will be required. RCI will post all changes thirty (30) days in advance of the effective date of change. If End User does not send RCI notification of their desire to terminate this agreement or uses the Service after the Change Date, 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 Termination Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply. RCI may decrease prices for the Services or Plans without providing any prior notice to End User.
- TERMINATION. End User agrees to provide RCI with ten (10) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to RCI. In accordance with section 5.f, a termination fee may apply. RCI 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, End User’s breach of this Agreement, End User’s failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, RCI, RCI’s network or other End User’s use of the Services. RCI reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that RCI’s determination is final and binding on End User. RCI may require an activation fee to change or resume a terminated or suspended account.
- PRIVACY. RCIutilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, RCIcannot guarantee the security of voice and video communications of End User. RCI is committed to respecting an End User’s privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User’s relationship with RCI. RCI will not sell, rent, or lease End Users’ personally identifiable information to others. Unless required by law or subpoena or if End User’s prior permission is obtained, RCI will only share the personal data End User provides with other RCI entities and/or business partners that are acting on RCI’s behalf to complete the activities described herein. Such RCI entities and/or national or international business partners are governed by RCI’s privacy policies with respect to the use of this data. RCI reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either RCI or any company affiliated with RCI. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, RCI may disclose personally identifiable information.
- RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any reason without prior approval of RCI. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to RCI any Equipment that is being returned. Any Equipment returned to RCI without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from RCI, return to RCI any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to RCI an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
- TECHNICAL SUPPORT. RCI provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
- BREACH. In the event of End User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse RCI for all attorney, court, collection and other costs incurred by RCI in the enforcement of RCI’s rights hereunder and RCI may keep any deposits or other payments made by End User.
- INDEMNIFICATION. End User agrees to defend, indemnify and hold RCI, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
- DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RCI OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF RCI OR ITS VENDORS OR OTHERWISE.
- WARRANTY AND LIABILITY LIMITATIONS. RCI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RCI NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO RCI’S OR END USER’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF RCI’S OR ITS VENDORS? NEGLIGENCE. ANY CLAIM AGAINST RCI MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND RCI HAS NO LIABILITY THEREAFTER. RCI’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. RCI MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN RCI. IN NO EVENT SHALL RCI’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO RCI IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
- EXPORT COMPLIANCE. End User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
- PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by RCI or its vendors.
- NUMBER TRANSFER ON TERMINATION. After termination of the Service, RCI may, at its sole discretion, release a telephone number that was ported in from a previous service provider to RCI by you and used in connection with your Service provisioned by RCI to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has not been terminated; (ii) your RCI account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.
- COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVISE, SOFTWARE, or FIRMWARE. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on RCI’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of RCI are and shall remain the exclusive property of RCI and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that RCI will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by RCI, which RCI reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless RCI against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
- NOTICES. RCI communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User (“Email Address”). End User is responsible for notifying RCI of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
- FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). RCI shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of RCI as may occur in spite of RCI’s best efforts.
- GOVERNING LAW / RESOLUTION OF DISPUTES.
- ENTIRE AGREEMENT. The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of RCI and End User.