browse our catalogue
Lamatel, A subdivision of Lama Inc.
Customer Service AgreementThank you for selecting Lamatel Communication Services, Inc. (“Lamatel”) as your service provider. This Customer Services Agreement (“Agreement”) contains the terms and conditions applicable to Lamatel’s services, defined below, and govern the relationship between you and Lamatel. Your Agreement with Lamatel consists of this Customer Service Agreement, information contained on Lamatel’s website (including without limitation the Acceptable use Policy), and the current terms of any optional calling plan, service, promotion, and/or authorized written communication you have received from Lamatel. This Agreement with Lamatel explains, among other things, the following:
- Customer responsibilities
- Credit and deposit information
- Billing information
- Changes to service by Lamatel
- Cancellation of Service
- Blocking of service
- Lamatel-2-Lamatel free calling
- Limitation of Liability, Indemnification and No Warranty
- Miscellaneous provisions
BY ENROLLING IN, USING, OR PAYING FOR Lamatel’S SERVICES, YOU AGREE TO THE RATES, CHARGES, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE Lamatel’S SERVICES, AND IMMEDIATELY CONTACT Lamatel CUSTOMER CARE. Lamatel WILL TERMINATE YOUR ABILITY TO MAKE CALLS USING OUR SERVICE; IT IS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS TO SWITCH TO A NEW TELECOMMUNICATIONS PROVIDER FOR CONTINUED TELECOMMUNICATIONS SERVICE.
For purposes of this Agreement, the terms “service” or “services” mean: Lamatel’s state-to-state, international telecommunications, Digital Subscriber Line and/or Local services. To the extent permitted by state law, this Agreement also covers Lamatel’s intrastate (in-state) services, where the terms and conditions of this Agreement are not in conflict with applicable Lamatel tariffs filed with state regulatory agencies. The services covered in this Agreement are subject to availability and may not be available in all locations. For purposes of this Agreement, “you” means the customer, defined as either (i) the person identified in Lamatel’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s). Lamatel will assume that any person able to provide your name, address, the last 4 digits of your social security number, and/or other information that is not publicly available is authorized by you to receive information about, and make changes to your account, including adding new services.
If you have problems with service, call Lamatel Customer Care, 24 hours a day, seven days a week.
I. CUSTOMER RESPONSIBILITIESA. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use Lamatel’s services for any unlawful purpose.
B. You are responsible for and agree to pay all charges for services furnished to you by Lamatel. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of: (i) any delegation of authority resulting in the placement of calls using Lamatel services; (ii) any and all use of Lamatel services provided, including calls which you did not individually authorize; and (iii) any calls placed by or through your equipment via any remote access feature, whether or not you authorized activation of the feature.
C. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to Lamatel’s satisfaction that you are exempt, taxes and surcharges will be assessed in the amounts that federal, state or local authorities require Lamatel to bill you.
D. For Lamatel’s Inside Wire Maintenance Service, Lamatel, or its subcontractors must have, at no charge to Lamatel, reasonable access to your premises and electrical outlets to diagnose and repair inside wiring problems. Inside wire repairs will not be performed if Lamatel determines that it is inadvisable to perform the work due to conditions at the customer premises that impede safe and or reasonable access to the repair area. Lamatel will try to schedule a mutually convenient appointment and requires that a person at least 18 years of age is present at the time of the scheduled appointment to authorize access to your premises as well as work to be performed.
II. CREDIT AND DEPOSIT INFORMATIONYou give Lamatel permission to obtain your credit information from consumer credit reporting agencies at any time. If your telecommunications payment history is not acceptable or is unknown or indeterminable to Lamatel, Lamatel may require you to provide some form of security to obtain its services. Security may be provided in the form of a Pre-Authorized Payment (PAP), where a customer provides Lamatel written authorization to directly debit a credit card or checking account for charges incurred. Other forms of security may be accepted at Lamatel’s sole discretion. Lamatel determines security requirements based on the following criteria:
New Applicants – If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant’s name, a security deposit may be required.
Existing Customers – An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for non payment once within a twelve month period.
Applicants for Lamatel service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated, you authorize Lamatel to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past addresses, and in the event it becomes necessary, to recheck such information. If you believe that Lamatel has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, Lamatel may/or may not request that said alleged inaccurate information be removed from your credit history.
III. BILLING INFORMATIONA. Lamatel determines the design and the format of the bill. We will also determine the billing period. We may change both the format and the billing period form time to time and without notice to you. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for services will normally be collected in advance of the of the billing period. When you initially subscribe for your service, Lamatel will charge you for the first month of service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual activation date. We will bill in arrears all usage-based charges and any other charges which we decide are due.
B. Usage charges for service are based upon the total time that you use Lamatel services, subject to applicable billing increments and any additional charges that may apply. Usage begins when the called party picks up the receiver, as determined by hardware answer supervision. Chargeable time ends when either party hangs up, thereby releasing the service connection. Each call completed will have an initial minimum charge of at least one minute, unless a different billing increment is specified in the rate plan, and any time beyond that will be billed in additional one minute increments, rounded up to the next whole minute, unless a different billing increment is specified in the rate plan. Billing increments are determined by Lamatel. In addition, if the call charges include a fraction of a cent, the fraction is rounded up to the next whole cent.
C. You will be charged up to a $25.00 returned check charge on all checks issued to Lamatel which are returned by your bank for non-sufficient funds. If the law of the state in which you receive service requires a different fee, Lamatel will charge you that amount. Checks returned by your bank will be charged electronically to your checking account through the ACH Network for the face value of the check and are subject to the additional returned check charge that will also be charged electronically to your checking account. At Lamatel’s sole discretion, the returned check charge may be waived under appropriate circumstances (e.g. a bank error).
D. Any objections to billed charges must be reported to Lamatel or its billing agent within twenty (20) days of the closing date printed on your billing invoice. Adjustments to your account shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.
E. A Late Payment Fee of up to $5 or 2%, whichever is greater, will be charged on any past due balance. If the law of the state in which you receive service requires a different fee, Lamatel will charge you that amount.
F. If Lamatel hires a collection agency to collect, or attempt to collect, any charges owed Lamatel, you will be liable to Lamatel for an additional payment equal to 35 percent of the charges owed, where permitted by applicable law. If Lamatel incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed Lamatel other than by hiring a collection agency, you will be liable to Lamatel for the payment of all such fees and expenses reasonably incurred.
G. You must notify Lamatel of any change in your invoicing address, or if applicable, in the credit card or checking account used for payment, by calling or writing to Lamatel Customer Care. Please include your account number with any correspondence.
H. Lamatel Billing adjustments policy:
If it is determined that you were overcharged for services, or billed for incorrect numbers dialed, appropriate credits shall be posted to your account. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be disconnected if you fail to pay charges arising from the under billing.
I. Complaint and dispute resolution:
If you have questions or concerns about your bill from Lamatel, please call Lamatel Customer Care. Lamatel will not disconnect your service for failure to pay any disputed charges until we determine that the charges are accurate. If you file a complaint with the Public Utility or Service Commission about your bill, we will not suspend or disconnect basic local telecommunications service for nonpayment of the disputed charge until a decision is rendered by the Public Utility or Service Commission. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.
J. One-Time Payment on Lamatel Service Account Management:
By selecting the One-Time Payment option online at www.Lamatel.com or your invoice remittance statement, you are authorizing Lamatel to deduct the specified amount entered from your Credit/Debit Card Account or Bank Account (as specified above) for charges on your Lamatel telecommunications bill. You confirm that you have signed up for Lamatel Service Account Management. You acknowledge that this payment may not avoid collection activity on your account. If your services have been or are scheduled to be turned off for non-payment, please contact Lamatel Customer Care today. By accepting this transaction, your payment will be processed immediately. Please allow 1-2 business days for the payment to show on your Lamatel online account. You will receive a notification that your payment has accepted. Lamatel does not charge you for making a one-time payment online at this time, however, you should check with your bank for any additional charges. You agree to notify Lamatel immediately if your Email address, credit card, debit card or bank account information changes or the security of your Username or Password is compromised at any time. You have the right to reverse your one-time payment by contacting Lamatel Customer Care or your financial institution. You acknowledge that the origination of these charges to your Lamatel account must comply with U.S. law. You release Lamatel from any and all claims arising from One-Time Payment. All charges, terms and conditions are subject to change.
K. Stop Receiving Paper Bill:
By selecting this option online at www.myLamatel.com, you request that Lamatel stop mailing you a paper bill. The Stop Paper Bill option is only available for customers who have signed up for Lamatel Service Account Manager. You understand, if you choose the Stop Paper Bill option, in the future it is your responsibility to check the Lamatel Service Account Management website to obtain your bill. Lamatel will attempt to send a reminder email, but you understand that Lamatel does not control all aspects of email delivery, including your Internet Service Provider, and cannot assure timely delivery of the email reminder even if you have provided your current and correct email address. If enrollment in Stop Paper Bill is received, a confirmation by email will be sent to the email address as it exists on your online profile. By agreeing to suspension of mailed bills, you agree that posting of the bill on the website will constitute receipt by you of the bill for all purposes and that the bill is due and payable on the stated due date. Lamatel will send you a monthly email notification when your new bill is ready to be viewed online and provide a link to the Lamatel Account Service Manager website. You further understand that Lamatel can only attempt to send the email reminder of your bill if it has a current correct email address for you and you agree to immediately provide Lamatel with any change in your email addresses. You are aware that if you do not check the Lamatel Service Account Manager website in a timely manner for your bill or fail to pay your bill by the due date for any reason, collection actions may be initiated against your account; which may include past due collection notices and suspension of service to all phone numbers on the account. You may cancel the Stop Paper Bill option at no cost and again begin receiving a mailed paper bill but understand that there may be a delay of one or two billing cycles before you again receive a mailed paper bill. To cancel the Stop Paper Bill option and begin receiving a paper bill, you must select the Start Bill Option on www.myLamatel.com. You may provide email address updates at any time and at no charge. No additional messages will be sent to the old email address. The printed online bill remittance stub can be used in association with mailing a check for payments. Various other methods of payment as described on the Lamatel Service Account Manager website are also acceptable. Your obligation to pay the Lamatel phone bill by the due date is not altered or modified in any way by choosing Stop Paper Bill. Applicable late payment fees apply. Paperless billing is not available to all customers. Some states require mailing or delivery of paper bills. Customers in these states will continue to receive paper bills, even if they chose the online bills option. These customers may still view and print bills from the Lamatel website, but will continue to receive paper bills.
L. Lamatel Automatic Bill Payment:
By completing and signing the Automatic Bill Payment section of the LOA, or by selecting online at www.Lamatel.com, or by selecting the option on your invoice remittance statement, you are signing up for Lamatel Automatic Bill Payment for your Lamatel telecommunications bill. You confirm that you have signed up for Lamatel Service Account Management. You consent and permit Lamatel to charge to your Credit/Debit Card Account identified above or deduct from your bank account identified above, or any other account specified in the future, the amounts due from you for telecommunications and other services provided to you by Lamatel during the applicable billing cycle. Please allow 1-2 business days for your Automatic Bill Payment registration to become effective. Once Automatic Bill Payment takes effect, your full bill amount will be deducted from your bank account or charged to your Credit/Debit Card Account each month approximately 15 days after the bill date that appears on your bill. This may be earlier than the stated due date. If you have already sent a payment for your current bill, you may want to wait to sign up for Automatic Bill Payment until after your payment has cleared your bank to avoid a double payment. You will receive a notification each month stating that your bill is available for viewing and the total payment dollar amount due. The notification will also include a link to the login page for Lamatel Service Account Management. Lamatel does not charge for Automatic Bill Payment at this time, however, you should check with your bank for any additional charges. If you have a discrepancy with your bill, you should contact Lamatel Customer Care. You agree to notify Lamatel immediately if your Email address, credit card, debit card or bank account information changes or the security of your Username or Password is compromised at any time. You will receive email notification if your payment was declined for any reason by your financial institution. You have the right to cancel Automatic Bill Payment calling by Lamatel Customer Care. Both your authorization and the Lamatel Automatic Bill Payment service will remain in effect until cancelled by you, your financial institution or Lamatel. Your financial institution or Lamatel may cancel Automatic Bill Payment for your Lamatel account at any time, with or without prior consent to you. You must notify Lamatel if your Credit/Debit card expires. Automatic payments cannot be processed if your Credit/Debit card has expired. You acknowledge that the origination of these charges to your account must comply with U.S. law. You release Lamatel from any and all claims arising from Lamatel Automatic Bill Payment. All charges, terms and conditions are subject to change.
IV. CHANGES TO SERVICE BY LamatelA. Lamatel may change the rates, charges, terms and conditions of your service from time to time. Lamatel also reserves the right to discontinue certain services. Any such changes will be posted on Lamatel’s website prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. Lamatel may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after Lamatel notifies you in advance of the change. Lamatel will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law.
B. If you continue to subscribe to, use or pay for Lamatel’s services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use.
V. CANCELLATION OF SERVICEA. You may cancel any or all services provided by Lamatel by contacting Lamatel Customer Care verbally or in writing at any time. As stated in Section III, A, monthly recurring charges are charged in full as of the first day of a billing cycle and will not be pro-rated if service is disconnected prior to the end of that billing period. Additionally, you will be responsible for any usage-based charges and any applicable termination fees that may apply to any services cancelled. In the event you execute an agreement with a term commitment with Lamatel, you must cancel the service and terminate that agreement in accordance with its terms.
B. Upon five (5) days written notice to you, Lamatel may terminate your service for: (i) nonpayment of undisputed charges, including late fees and other charges; (ii) noncompliance with or violation of any State, municipal, or Federal law, ordinance or regulation pertaining to telephone service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement. Lamatel SHALL NOT INCUR ANY LIABILITY FOR DAMAGES DUE TO YOUR LOSS OF TELEPHONE SERVICE AND IN NO CASE SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
C. Lamatel may refuse or discontinue your service without prior notice: (i) in the event that you, or any authorized or unauthorized users, use Lamatel’s services in such a manner as to adversely affect Lamatel’s service to others; (ii) in the event of tampering with the services of Lamatel; (iii) in the event of fraudulent use of service (whenever service is discontinued for fraudulent use of service, Lamatel may, before restoring service, require you to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use); (iv) by reason of any order or decision of a court or other government authority having jurisdiction that prohibits Lamatel from furnishing such services; and (v) any violation, as determined by Lamatel in its sole discretion, of Lamatel’s Acceptable Use Policy.
D. If your service is canceled or suspended for any reason, you are still responsible for all outstanding charges for that service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that Lamatel incurs any fees or expenses, including attorney’s fees, collecting or attempting to collect, any charges owed to Lamatel, Lamatel may collect from you all such fees and expenses reasonably incurred, including a Late Payment Fee on the unpaid charges.
E. Lamatel reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.
F. Lamatel may disconnect services for non-payment or failure to maintain required security. Local Service will not be suspended or disconnected for non-payment of nonbasic charges. Lamatel may require reactivation charges to reestablish service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.
G. Lamatel will not disconnect services on Saturday, Sunday, a public holiday or any day on which its main offices are not open for business. Lamatel will not disconnect services for residential customers that have provided sufficient documentation related to medical conditions and/or disabilities. Such conditions must be certified by a doctor or medical health board in writing, describing the condition and the direct negative impact that loss of Lamatel services would cause.
VI. BLOCKING OF SERVICEA. Lamatel may, without prior notice, and consistent with applicable laws or regulations, block traffic to or from specific countries, cities, or NPA/NXX codes when Lamatel deems it necessary to take such blocking action to prevent: (i) the unlawful use of its services; (ii) the use of service in violation of this Agreement; (iii) nonpayment for service; or (iv) network blockage or degradation of service to Lamatel’s customers. Service will be restored as soon as it can be provided without undue risk to Lamatel and/or its customers.
B. Lamatel reserves the right to block, without notice, and without liability, any calling card code that Lamatel reasonably believes has been used for fraudulent purposes. Lamatel may also intercept calling card calls for the purposes of verifying customer information and avoiding fraud. Lamatel will unblock the calling card, or issue a new calling card upon request by an affected customer, as soon as Lamatel determines it can reasonably do so without undue risk.
VII. Unlimited Calling PlansA. Where the service you receive includes a plan with “unlimited” calling (including, without limitation, Lamatel-2-Lamatel Free Calling) (collectively “Unlimited Calling”), the following limitations apply:
(i) for residential customers, unlimited free calling to active Lamatel residential landline customers in the U.S. and Canada and includes outbound, direct-dialed, voice calls, AND MUST HAVE typical residential calling patterns as defined by Lamatel
(ii) for Lamatel Business Advantage, local commercial calling plans, also incorporate Unlimited Calling; limited to 1000 minutes per account, per month, which is only applicable to direct dialed, domestic voice calls, between active, Lamatel U.S. commercial local customers.
(iii) Lamatel reserves the sole right to apply an additional “high-usage” fee to, to disconnect, or to switch to another plan, any user who abuses the Acceptable Usage Policy described below.
B. Acceptable Usage Policy –Unlimited Calling for wireline residential customers (local or long distance) is exclusively available to U.S. and Canada residential customers with a service plan that includes Unlimited Calling, and requires that customers with Unlimited Calling be have a typical residential calling pattern, as defined by Lamatel. Unlimited Calling is not available to business customers or to residential customers with excessive call behavior, which is to be exclusively determined by Lamatel. By using Unlimited Calling, you agree to comply with this Usage Policy. When Lamatel becomes aware of an alleged violation of its Acceptable Usage Policy, Lamatel will conduct an internal investigation. During the investigation Lamatel may restrict the Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Lamatel may, at its sole discretion, restrict, suspend, or terminate the Customer’s service. Lamatel does not issue service credits for any outages incurred through service disablement resulting from Usage Policy violations nor does Lamatel accept any responsibility and/or liability with respect to any damages whatsoever incurred due to a violation of this Usage Policy.
VIII. VOICEMAILLamatel reserves the right to deactivate Voicemail boxes if not accessed for a period of 60 days.
IX. INSIDE WIRE MAINTENANCE TERMS AND CONDITIONSA. Description of Services: Lamatel’s Inside Wire Maintenance Plan is an optional service that can be purchased for each local phone line, where available, to protect Lamatel customers from unexpected charges associated with wiring and phone jack repairs within the customer premises. Coverage under the Inside Wire Maintenance Plan is limited to 3 site visits every 12 months by Lamatel (or subcontracted) technicians to the customer premises to perform covered repair work. Additional repair work authorized by the customer will be billed to the customer at the applicable hourly repair and site visit rates.
B. Service Cancellation: Customers must provide at least 24 hours advance notice to avoid being billed a Service Call Charge. In addition, customers must be present for the appointment to allow the technician access to the equipment. If not, the customer will be responsible for paying a Service Call Charge.
C. Subcontracting: Lamatel may subcontract the performance of repair service to a third party. In such event the third party contractor may be the party to contact the customer with regard to scheduling and the nature of work to be performed and shall carry out the work on behalf of Lamatel.
D. Ordering Information: By selecting the Inside Wire Maintenance Plan option on your service order form or contacting Customer Care, you may order the Inside Wire Maintenance Plan option. Your payment of the Inside Wire Maintenance Plan charges on your next Lamatel bill constitutes additional evidence of your intent to add Inside Wire Maintenance Plan to your existing service.
E. Inside Wire Maintenance Plan Effective Date: The Inside Wire Maintenance Plan will be effective 30 days after the order date.
F. Conditions not covered by Lamatel’s Inside Wire Maintenance Service:
- Problems that existed before you subscribed to the Inside Wire Maintenance Plan;
- Upgrading existing wiring;
- Damage to the inside wire caused by negligence of a contractor or intentional damage by you or a third party;
- Damage to inside wire, caused by faulty equipment;
- Installation of additional inside wire and jacks;
- Repair of main line extension wire to unattached structures;
- Repair of jacks located outdoors that are not attached to the exterior walls of your premises;
- Repair of wiring for boat slips and special boat cords and jacks;
- Conversion of hard wired phones to modular phone outlets;
- Repair of telecommunications equipment (phones, fax machines, handsets, etc)
- Requests to check for wire taps;
- Wiring owned by a third party, other than the Lamatel subscriber;
- Cancelled repair visits where sufficient advance notice was not provided by the customer;
- Site visits in which the technician is not provided access to the equipment and/or where a qualified customer representative is not present for the appointment.
- Inside Wire rendered defective by reasons of flood, earthquake, acts of war, fire, lightning, wind, or other casualty requiring a substantial reconstruction of the premises.
B. Customer Proprietary Network Information (CPNI): To inform you of other Lamatel related products and services, Lamatel may access information related to your account(s). CPNI, or information such as the kind of services that you have, how you use them, and how they are billed may be accessed by Lamatel. Federal law restricts the use of CPNI for purposes other than providing service, without the customer’s approval. If you do not want Lamatel to access and use CPNI (except as otherwise permitted by law), you must contact us in writing. Until you notify us otherwise, Lamatel understands that you have approved Lamatel’s internal use of CPNI for purposes reasonably related to Lamatel’s offering or provisioning of other services to you. This consent survives the termination of your Service and survives until you remove it. A denial of permission for Lamatel to use CPNI will not affect the provision of any service to which you are subscribing nor would there be any charge to you for such denial. Denial would not restrict Lamatel from contacting you for marketing purposes, but may limit Lamatel from tailoring specific products to suit your needs. If you contact Lamatel about any product or service, Lamatel retains the ability to access your CPNI to inform you about those products or services. Lamatel is not liable for any lack of privacy that may be experienced with regard to your service. By signing up for the service, you authorize Lamatel to monitor and record calls to Lamatel concerning your account or the service and you consent to the use of automatic dialing equipment in order to contact you. Lamatel has the right to intercept and disclose any transmissions over our facilities in order to protect our rights and/or property or pursuant to court order or subpoena.
C. Caller ID: Due to federal and state rules, your telephone number may be identified to a called party if that party has Caller ID capability. Specific instructions detailing how to prevent or allow your number to be displayed on a call can be found on the Lamatel public web site. If your local telephone company is not Lamatel, then you should contact them for rate and other information about such services.
XI. LIMITATION OF LIABILITY, INDEMNIFICATION AND NO WARRANTYA. Lamatel’S LIABILITY FOR DAMAGES ARISING OUT OF MISTAKES, INTERRUPTIONS, OMISSIONS, DELAYS, ERRORS, OR DEFECTS IN TRANSMISSION, WHICH OCCUR IN THE COURSE OF FURNISHING SERVICE, WILL BE LIMITED TO AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO YOU, BUT IN NO EVENT SHALL EXCEED $100, FOR THE PERIOD DURING WHICH THE FAULTS IN TRANSMISSION OCCUR.
B. Lamatel WILL NOT BE LIABLE FOR ANY CLAIM OR LOSS, EXPENSE OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE), FOR ANY INTERRUPTION, DELAY, ERROR, OMISSION, OR DEFECT IN ANY SERVICE PROVIDED, IF CAUSED BY ANY PERSON OR ENTITY OTHER THAN Lamatel, BY ANY MALFUNCTION OF ANY SERVICE OR FACILITY PROVIDED BY ANY OTHER CARRIER OR VENDOR, BY AN ACT OF GOD, NATURAL DISASTER, FIRE, WAR, CIVIL DISTURBANCE, OR ACT OF GOVERNMENT, OR BY ANY OTHER CAUSE BEYOND Lamatel’S DIRECT CONTROL.
C. Lamatel WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS, BY REASON OF ANY ACT OR OMISSION IN Lamatel’S PERFORMANCE UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
D. Lamatel SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR REFUND AS A RESULT OF LOSS OR THEFT OF PERSONAL IDENTIFICATION NUMBERS ISSUED FOR USE WITH Lamatel’S SERVICES.
E. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by Lamatel, Lamatel’S LIABILITY, IF ANY, WILL BE LIMITED TO CREDIT ALLOWANCES FOR INTERRUPTIONS OF SERVICE AS REQUIRED BY LAW.
F. E911: This service is offered solely and exclusively as an aid in handling assistance calls in connection with fire, police, and other emergencies. With respect to the routing of calls by Lamatel to public safety answering points or municipal emergency service providers, Lamatel is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made, instituted, or asserted by the customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, locale or use of any equipment and facilities furnishing this service. Further, Lamatel is not responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused by or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the associated equipment, or by any service furnished by Lamatel, including but not limited to, identification of the telephone number, address or name associated with the telephone used by the party or parties accessing E911 service, and which arise out of the negligence or other wrong wrongful act of the customer, Lamatel, its users, agencies or municipalities, or the employees or agents of any one of them. When a Customer with an unlisted or non-published telephone number places a call to the emergency 911 services, Lamatel will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 services upon request of such governmental authority. By subscribing to Lamatel’s service, the Customer agrees and acknowledges the release of the information described above.
G. Telecommunications Relay Service (TRS): With respect to Lamatel’s offering of TRS, any service provided by Lamatel that involves receiving, translating, transmitting, or delivering messages by telephone, text telephone, a Telecommunications Device for the Deaf, or any other instrument over the facilities of Lamatel or any connecting carriers, Lamatel’s liability will not exceed an amount equal to Lamatel’s charge for a one minute call to the called station at the time the affected call was made.
H. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by Lamatel, Lamatel’s liability, if any, is limited to the lesser of: (1). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (2). $50.
I. Lamatel will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in Lamatel’s offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities, or services that are interconnected with Lamatel’s services.
J. Indemnification : With respect to any other claim or suit by you or by any others, you agree to indemnify, defend, and hold harmless Lamatel against claims, losses or lawsuits arising from your use of Lamatel services, including: (i) allegations or claims of libel, slander, invasion of privacy, and/or infringement of copyright arising directly or indirectly from the material transmitted by use of Lamatel’s services; and (ii) all other allegations or claims arising out of any act or omission by you in connection with Lamatel’s services. Indemnification shall not apply to any such claims based on Lamatel’s willful misconduct or gross negligence. This provision shall survive the termination of this Agreement.
K. No Warranties: ALL EQUIPMENT AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. Lamatel DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, AND NONINFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lamatel DOES NOT WARRANT THAT THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE SHALL BE FREE OF ANY VIRUS, DISABLING CODE, WORMS, OR ANY OTHER HARMFUL COMPONENTS.
XII. MISCELLANEOUSA. Resale, Assignment and Transfer: You may not change any term of this Agreement. You may not resell any Service or transfer or assign this Agreement or the use of Lamatel service without the express written consent of Lamatel. All terms and conditions of service in this Agreement will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. Lamatel reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, Lamatel will have no further obligations to you.
B. Governing Law: This Agreement is governed by the law of the State of North Carolina, without regard to its choice of law rules, except that the arbitration provisions of Section XII of this Agreement are governed by the Federal Arbitration Act.
C. Entire Agreement: Your Agreement with Lamatel consists of this Customer Service Agreement, information contained on Lamatel’s website, and the current terms of any optional calling plan, promotion, and/or authorized written communication you have received from Lamatel. Your Agreement with Lamatel constitutes the entire Agreement between Lamatel and you and supersedes all prior agreements, representations, and understandings. This Agreement can only be amended by Lamatel, as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement.
D. Severability: Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.
E. Notices: All notices required or permitted by this Agreement will be provided as follows. Notices from Lamatel to you will be sent to your last known address as reflected in the company records of Lamatel, and provided by one of the following methods: (i) by U.S. mail, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to Lamatel that are required to be in writing shall be mailed to Lamatel Customer Care. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the United States mail, postage prepaid; or (ii) on the same business day, if sent to you by email.
F. Authority: By enrolling in, using, or paying for Lamatel’s services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein.
G. Discrimination: Lamatel’s services are provided without discrimination as to a customer’s race, color, sex nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.