Telstar Customer Services Agreement

Your agreement with Acrobat Communications, Inc. d/b/a Telstar Express (“Telstar”) consists of this Customer Service Agreement (the "Agreement") which sets forth the terms and conditions associated with your use of the Telstar Services, and the applicable Rate Program (both of which are incorporated herein by reference). "You" and "your" mean the customer of the Services defined below, and "Telstar," "we," "our," and "us" mean Acrobat Communications, Inc. and any affiliates involved in providing you with the Services.

By enrolling in, using or paying for the Services, you accept and agree to the prices, charges, terms and conditions set forth in this Agreement, and the rate program applicable to the Telstar services you have purchased (“Rate Program”). Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance. If you do not agree to these prices, charges, terms and conditions, do not use the services, and cancel the services immediately by calling Telstar at 1-877-707- 6060

"Services" means the interstate and international telecommunications services provided by Telstar as listed on the Website, the GSA and more specifically described in the Rate Program. The Services covered in this Agreement may not be available in all locations.

"Rate Program" means the document that set forth the specific price and charges, service descriptions and other terms and conditions that apply to each of the Services. You can review the Rate Programs on our Website at www.telstarexpress.com or request a copy of the Rate Program for the Services you are enrolled in by calling Telstar at 1-877-707-6060). This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Rate Program.

I. Sign-Up and Use of Services

1. Services Provided. Telstar provides you with the ability to make international telephone calls using touch-tone telephones by dialing the access number(s) listed in the relevant Rate Program, entering a Personal Identification Number ("PIN") provided to you by Telstar and dialing the called party. You do not need to change your current long distance, local or international telephone service provider(s) to use the Services.

2.  Registering a Phone Number. When purchasing Telstar services, you will be required to register at least one telephone number, and may register up to five (5) telephone numbers (“Registered Phone”) If you use the Telstar services from any of the Registered Phones, you will not be required to enter a personal identification number or “PIN” after the appropriate dialing access numbers.  If you are making the call from a number that is not registered with Telstar, you will be required to enter the PIN in order to make the call.  From time to time, Telstar may require you to enter your PIN even when dialing from your Registered Phone.

3. Opening an Account.  In order to become a Telstar customer, you must first complete an application form which can be found on the Website or by registering through our customer service center. As part of the application process, you will need to provide us with your personal identification information.  To sign up for some Telstar Services (including but not limited to Telstar Express), you will need to provide a valid email address and credit card number from MasterCard, VISA or American Express.  By submitting the application you give us permission to verify your identity and your credit worthiness, and to make such verification and to obtain your credit information from consumer credit reporting agencies at any time. 

Once you have been accepted as a Telstar  customer, we will send you an electronic mail message ("e-mail") that confirms that you have become a Telstar  customer and provides you with information concerning your Telstar  account (your "Account"). The e-mail will also provide you with an account number and a unique 4-digit PIN, which you must use when using the Services. 

4. Usernames/Passwords/Personal Identification Numbers/Valid Email Addresses.  YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CHARGES THAT OCCUR USING YOUR ACCOUNT OR PIN REGARDLESS OF WHETHER YOU HAVE AUTHORIZED SUCH USE. TELSTAR IS NOT RESPONSIBLE FOR LOST OR STOLEN PINS OR UNAUTHORIZED USE.  If you believe that your Account and/or PIN is being used without your authorization, you agree to contact us immediately so that the appropriate modifications can be made to your Account. If you have signed up for service via the website, please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a Telstar customer. If you have signed up for a plan (such as the Telstar Express Plan)  with on-line billing and payment, you are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from us so that we can notify you of updates to our Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or PIN.

5. Access Numbers.  To access our Services, you must dial either the toll free number (e.g., 1-888-xxx-xxxx) or, where available, a local access number specified in the applicable Service Guide. After dialing an access number, you must enter your registered phone number and PIN, unless you are dialing from your registered phone number, and then the destination telephone number. However, for security purposes, you may still be required to enter your PIN from time to time even when dialing from your registered phone number.

Before you use any local access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. We will not reimburse you for any charges assessed by your local phone company as a result of your dialing our access numbers. Similarly, we are not responsible for any additional charges your cellular service provider may impose on your account for using the Services on your cellular phone.

6. Customers using automatic payment via a credit card (“Autopay”)will have an initial credit limit of $250.00 each billing cycle. If a Customer exceeds the applicable credit limit in any monthly period, the Customer may contact Telstar’s customer service department and request an increase for that billing cycle.  Telstar reserves the right to (1) increase or decrease a Customer’s credit limit at its sole discretion and (2) suspend or cancel Service to any customer that incurs charges in amounts greater than the applicable credit limit during any billing cycle.  A customer’s balance and payment status will be available for review 24 hour per day/7 days per week on the Telstar website at www.telstarexpress.com  Credit limits for customers not using an Autopay feature will be determined at Telstar’s discretion.

7. Customer Service.  If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department 24 hours a day, 7 days a week by e-mail at cs@telstarexpress.com or by phone at 1-877-707-6060

II. Rates and Charges 

1.  Rates and Charges.  Our rates and charges are listed on our Website and in the applicable Rate Programs, and are incorporated by reference herein. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any call using the Services.

2. Rounding/Rating of Calls.  Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Generally, timing of calls begins when the called party or automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call, or Telstar receives an “on-hook” signal from the terminating carrier.  However, some foreign carriers (with whom Telstar must interconnect in order to terminate call to foreign countries) designate a call as “answered” when the called party’s line rings or after a certain number of rings, and will charge Telstar for a completed call.  In these situations, Telstar will charge for the call as if it were answered by the called parties.  We may change the billing period or billing increment from time to time by posting any such change on our Website at least ten (10) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.

3. Surcharges.  All taxes, tax-like charges, Government Regulatory fee’s and tax related surcharges may be referred to collectively as “Surcharges” or individually as various taxes and or charges. You agree to pay all Surcharges and Taxes as imposed. If you provide Telstar with a duly authorized tax exemption certificate, Telstar will exempt you in accordance with law and for the portion of the charged taxes or surcharges, if any, impacted, effective on the date Telstar receives the certificate. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.

4. Other Surcharges:  In addition to any fees and charges associated with a particular rate program, the following surcharges will apply:

  

5. Rate Changes. Telstar may change the prices and charges for the Services and offer special promotions from time to time. Telstar may decrease prices without providing advanced notice. Any increase to your rates will be posted on our Website at least one (1) day before they become effective. 

6. Unlimited calling Programs. These plans(ie Europa Unlimited Plan) are defined as casual residential dialing programs designed not to exceed an average of 2,000 minutes/month in usage. In addition to calling volumes, a combination of factors are used to determine abnormal use, including but not limited to: the number of unique numbers called, calls forwarded, minutes used, call patterns and other factors. Telstar reserves the right to alter and possibly terminate these plans at any time for any and all customers. 

III. Payment Obligations

1. You agree to pay us for all charges and rates as listed in this agreement and in your applicable Rate Program as listed on our website and in the manner elected when you first signed up for Telstar services.  You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service.  This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.

2. Credit Card Charges: To those customers who have signed up for a service using an automated credit card payment feature (“Autopay”), Telstar will charge your credit card on a monthly basis in the total amount of your invoiced charges.  Telstar will assign a billing cycle after an individual has been accepted as a Telstar Customer.  Each month at the end of the billing cycle, Telstar will charge the Customer’s credit card for the calls made during that billing cycle, plus any applicable fees or surcharges as reflected in the customer’s on-line invoice.  You agree that by submitting your credit card information and agreeing to these terms and conditions, you authorize Telstar to charge your credit card the total amount invoiced to you at the end of each monthly billing cycle. You must provide Telstar with a valid credit card number when ordering a Telstar service with an automated payment feature.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE CREDIT CARD INFORATION PROVIDED TO TELSTAR IS VALID, ACCURATE AND REMAINS FUNCTIONAL AND UP-TO-DATE.  All customers using Autopay are required to immediately notify Telstar’s customer service department at 877-707-6060 or cs@telstarexpress.com if the credit card expires, or the credit card is cancelled and replaced because of loss or theft.  Failure to immediately notify Telstar may result in suspension or cancellation of services as described in Section VI.  below.

3. You must promptly notify Telstar of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment.  You should notify the Telstar Customer Care Department by calling the toll-free number listed on your Telstar invoice or by U.S. Mail to P.O. Box 111, Purchase, NY  10577 Attn: Customer Care Department.

4. Usage charges and any recurring monthly charges are billed after each billing period.  In the event that Telstar changes its rates recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge became effective.

5. Telstar’s bills for service are due within twenty-nine (29) days from the date of invoice.

6. Amounts not paid within twenty-nine (29) days of the invoice date will be considered past due.  If you make any late payments, and we bill you for the Services, we will charge you a late fee equal to one and a half percent (1.5%) or the maximum percentage allowed by applicable law which will be applied to that period’s charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill.

7. If Telstar becomes concerned at any time about your ability to pay for services, Telstar may require that you pay its charges within a specified number of days and that you make such payments in cash or the equivalent of cash.

 

8. If your telecommunications payment history is not acceptable to Telstar or if your telecommunications payment history is unknown or indeterminable, you may be required, at any time, to provide (i) pre-invoice payment based on usage incurred; (ii) a valid major credit card account number from an issuer acceptable to Telstar and authorization for Telstar to charge usage to your credit card account; or (iii) agreement that your usage of Telstar network and services will be subject to toll usage limits to be determined by Telstar. Prior to your compliance with this request, Telstar reserves the right to cease accepting and processing service orders. Telstar may request subsequent additional pre-invoice payments for usage and may increase or decrease toll usage limits as it deems appropriate. Telstar may refuse to furnish services if any charges owed by you to Telstar are past due for service(s) provided to you.

 

9.  If Telstar hires a collection agency to collect, or attempt to collect, any charges owed Telstar, you will be liable to Telstar for an additional payment equal to the greater of $50 or thirty-five percent (35%) of the charges owed, where permitted by applicable law. If Telstar incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed Telstar other than by hiring a collection agency, you will be liable to Telstar for the payment of all such fees and expenses reasonably incurred.

 

10. In the event payment is made by personal check and your check is not honored by the institution on which it was drawn, Telstar will impose, and you will be required to pay, a $25.00 fee, where permitted by applicable law, in addition to other remedies available to Telstar.

 

11.  If billing systems or other support are not available for a service, feature, surcharge, or other charge element at the time of service provision, Telstar will bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.

 

12. Handling of Certain Specific Credits

 

1.   If your account has been closed but has a credit balance remaining, Telstar will transfer the credit to another of your accounts, if there is one. If you do not have another account, then Telstar will mail a check for the balance to you upon your request, provided that you make your request within one year of your account being closed.

 

            2.   The following credit allowances for interruptions of Telstar services will be made:

 

                  a.   For all of Telstar’s domestic services for which charges are specified on the basis of per minute of use, or on usage of a fraction of a minute, and in which there may be interruption of an individual call, due to a condition in Telstar’s shared interexchange facilities or in shared access or termination facilities provided by other carriers, which interruption can be remedied by redialing the call:

 

(i)     A credit allowance will be made for that portion of a call that is interrupted due to poor transmission (for example, noisy circuit), one way transmission (one party is unable to hear the other), or involuntary disconnection caused by deficiencies in Telstar’s service. You may also be granted credit for reaching a wrong number. To receive a credit, you must notify a Telstar Customer Care Representative and furnish information, including the called number, the service subscribed to, the difficulty experienced, and the approximate time the call was placed.

 

(ii)    Where a call has been disconnected, you will be given a credit allowance equivalent to the charge for the initial minute of the call made to reestablish communications with the other party. If you reach a wrong number, you will be given a credit allowance equivalent to the charge for the initial minute of the call to the wrong number if you report the situation promptly to a Customer Care Representative. This credit allowance for reaching wrong numbers is limited to an aggregate total of $100.00 over a 12-month period.

 

                  b.   For interruptions in service due to the performance of the telecommunications network furnishing Telstar service where such interruptions exceed an individual call and cannot be remedied by redialing the call, you will be given a credit allowance for an interruption subject to conditions related to location, timing, and other pertinent conditions. To receive a credit, you must notify the Telstar Customer Care Department and furnish information, including the called number, the service subscribed to, the difficulty experienced, and the approximate time of the service interruption.

 

            3.   No credit allowances will be made for:

                  a.   Interruptions caused by your negligence or the negligence of others authorized by you to use your service;

                  b.   Interruptions due to the failure of power, equipment, systems, or services not provided by Telstar;

                 c.   Interruptions during any period during which Telstar or its agents are not afforded access to the premises where access lines associated with your services are terminated;

                 d.   Interruptions during any period when you have released the service to Telstar for maintenance or rearrangement purposes, or for the implementation of your order;

                  e.   Interruptions during periods when you elect not to release the service for testing or repair and continue to use it on an impaired basis;

                  f.    Non-completion of calls due to network busy conditions; and/or

                  g.   Interruptions not reported to Telstar.  (For the purposes of this subsection (f), an interruption period begins when you report to Telstar that the service has been interrupted and release it for testing and repair, and an interruption period ends when the service is operative again. If you report the service to be inoperative but decline to release it for testing and repair, the service is deemed to be impaired, but not interrupted. If you elect to use another means of communication during the period of interruption, you must pay the charges for the alternative service used.).

 

IV. Billing Information and Monthly Statements

1.  All Telstar customers will have confidential access to their usage information - for the current month and the prior three months - on the Website in your account 24 hours a day/ 7 days a week.

2.  Disputes.  You must notify us by e-mail (cs@telstarexpress.com) or telephone (1-877-707-6060) of any disputed charges within thirty (30) days of the charge being posted to your Account. Notices must include all relevant information, including but not limited to account number, amount in dispute, reasons for the dispute, a contact number and email address for the account holder and any other detail sufficient for Telstar to appropriately evaluate the dispute. To the extent we determine that a charge adjustment is warranted, we will credit your Account. If you fail to notify us of a charge dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.

V. Restrictions on the Use of Service

1. Telstar offers its services subject to the availability of facilities, limitations of service offerings, and the provisions of this agreement.

2. Services provided by Telstar under this Agreement will not be use:

3. Telstar may (a) deny, for any lawful reason, your request for service, or (b) limit or allocate the facilities available to or used by any service, if necessary, to manage its network in an efficient manner; meet reasonable service expectations, furnish service to existing and future customers based on forecasted customer requirements or for any other lawful reason.

4. Telstar may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges (“NXX exchanges”) individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever Telstar deems it necessary to take such action to prevent (1) the unlawful use of service; (2) non-payment of service; (3) the user of service in violation of the Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.

VI. Suspension and Cancellation of Services

1. Cancellation by the Customer. You may discontinue using the service at any time by notifying us by e-mail (cs@telstarexpress.com) or by calling our customer service center at 1-877-707-6060. We will then shut down access to your Account.  You will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue service.

2. Expiration Policy.  Telstar reserves the right to let your Account and your PIN expire after six (6) months of inactivity (measured from the date of last use or last recharge on the Account, whichever is later). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (cs@telstarexpress.com) or by calling our customer service center at 1-877-707-6060. Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your Account as of the date it expires.

3. Fraudulent Use; Cancellation, Suspension or Termination by Telstar.  Telstar reserves the right to discontinue furnishing services, suspend or cancel your account and/or block your access to the Telstar network, without incurring any liability and without notice if Telstar deems that such action is necessary to protect against or prevent fraud or otherwise protect Telstar’s personnel, agents, facilities or services.  Without limitation, Telstar may cancel your service for any of the following reasons:

                  a.   You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your status under federal and/or state low income programs, your past or current use of common carrier communications service, or your planned use of such service;

 

                  b.   You indicate that you will not comply with a request for security for the payment for services;

 

                  c.   Telstar has received notice from your local telephone company that the local telephone company has cancelled your local exchange service;

 

                  d.   Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;

 

                  e.   You have been given written notice by Telstar of any past due amount (which remains unpaid, in whole or in part) for any of Telstar’s or an affiliated carrier's service to which you either subscribe or had subscribed or used;

 

                  f.    You either refuse to pay when billed for service or indicate to Telstar or an entity billing on Telstar’s behalf that you do not intend to pay for service used by you;

 

                  g.   You use the service to transmit or receive a message, locate a person, or otherwise give or obtain information without payment for the service (i.e., signaling);

 

                  h.   You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;

 

                  i.    You act, or fail to act, in a manner that hinders or frustrates any investigation by Primus or others having legal authority to investigate your legal obligations;

 

                  j.    Your telephone equipment fails to pass back to Telstar the appropriate signal to start and stop billing for a call;

 

                  k.   You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity;

 

                  l.    You have not used the service (with the exception of calls to Directory Assistance) for six (6) In such case, Telstar may deactivate the services to reduce the risk of fraud or abuse.

 

                  m. Telstar has made available service to you and you have failed to place the available service into actual and substantial use during the 90-day period immediately following its availability, or, if during any service term, you have not actually and substantially used the available service for any consecutive 90-day period (as used in this paragraph, "actual and substantial use" will mean a pattern of use that discloses an intent on your part to employ the service to transmit information of your choosing); and/or

 

                  n.   You act in a manner that is threatening, obscene, harassing, or abusive to Telstar personnel.

 

            4.   Telstar reserves the right to discontinue furnishing services, cancel your account, and/or block your access to the Telstar network, without incurring any liability, immediately upon written notice to you if:

 

                  a.   Any invoice charges remain outstanding and owed by you after the 30th day from the date of the invoice notifying you of the charges; or

 

                  b.   You fail to comply with a request by Telstar for security for the payment for services.

 

            5.   The discontinuance of service(s) by Telstar pursuant to these provisions does not relieve you of any obligation to pay Telstar for charges due and owing for service(s) furnished up to the time of discontinuance.  In the event Telstar discontinues service under this Section, Telstar will assess a fee of $25 to reactivate any account.

 

If Telstar has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, Telstar may immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. If Telstar is unable to charge to your credit card (e.g. the card is no longer valid or you have instructed the credit card company to block, reject or refuse to pay such charge) we may immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice.

6. Other.  Telstar may from time to time choose to discontinue certain Services, subject to applicable law and regulation.

VII. Indemnification, Limitation of Liability and Warranties

1.         Telstar will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, acts of terrorism, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services to restore service in compliance with the FCC's Rules and Regulations; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of Telstar’s facilities or commencement of service.

 

2.         With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering, installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by Telstar, Telstar’s liability, if any, will be limited to credit allowances as described above in Sections III.11 and I.6 of this Agreement.   In addition to these credit allowances, if any, Telstar’s liability is limited as follows:

 

            a.   With respect to the routing of calls by Telstar to public safety answering points or municipal emergency service providers, Telstar’s liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of Telstar’s action, or failure to act, in routing the call, or (b) the sum of $1,000.00.

 

            b.   With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by Telstar, for example, Directory Assistance, Telstar’s liability will be limited to the lesser of: (a) 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 (b) $100.00.

 

3.   Telstar’s liability for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by this Agreement.

4.   IN NO EVENT WILL TELSTAR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT TELSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

 

5.   Telstar will be indemnified, defended, and held harmless by you and/or by others authorized by you  to use the service against all claims of loss or damage arising from the use of service furnished by Telstar, including:

 

            a.   Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via Telstar service; and

 

            b.   All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by Telstar.

 

F.   TELSTAR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. TELSTAR DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON TELSTAR’S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY TELSTAR.

 

G. Telstar 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 Telstar 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 Telstar services.

VIII. Dispute Resolution

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

1. Binding Arbitration. The arbitration process established by this Section V is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Both you and Telstar have the right to take any dispute that qualifies to small claims court rather than arbitration.  All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section V. This includes any dispute based on any product, Service or advertising having a connection with this Agreement and any dispute not finally resolved by small claims court.

2. Arbitration Procedures. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in arbitration.   In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued.  NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.  THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND TELSTAR BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

3. Arbitration Information and Filing Procedures: Before you take a dispute to arbitration or to small claims court, you must first contact us by e-mail at cs@telstarexpress.com and give us an opportunity to resolve the dispute. The email must include your account number, PIN and Access Code.  You must describe your dispute and provide Telstar with any supporting documentation. Likewise, if Telstar has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.  If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Telstar is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 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, on-line, 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. Any arbitration shall remain confidential. Neither you nor Telstar may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

 

C.   Fees and Expenses of Arbitration:     Each party must pay its own expenses associated with any arbitration, including its attorney’s fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator’s fees and expenses will be allocated between the parties.

D.   In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.

4. Survival of this Section.  If any portion of this Section V is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.

IX. Miscellaneous

1. Agents and Resellers.  No agent or reseller is permitted to sell our Services, electronically or through phone cards, unless it has been specifically authorized by Telstar. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.

2. Access to Third-Party Vendors.  We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

3. Consent to E-Mail Communications.  By entering into this Agreement, you consent to the receipt of e-mails from Telstar. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services we believe may be of interest to you. You may opt-out of future e-mails about products or services by contacting us either by e-mail at unsubscribe@telstarexpress.com or by calling us at 1-877-707-6060. We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.

4. Privacy. We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Telstar, its employees, its customers or the public.   You consent to the access and disclosures outlined in this section. Telstar’s privacy policy is incorporated by reference herein, and can be accessed by clicking here.

5. Modifications/Amendments. We may modify or amend this Agreement, including the referenced Service Guides, from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us at cs@telstarexpress.com or by calling us at 1-877-707-6060. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.

6. Intellectual Property, Trademarks. This website, including but not limited to text, content, photographs, video, audio and graphics (the “Website”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries.  This Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties.  All individual articles, columns, and other elements making up the Service are also copyrighted works.  You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Telstar, including but not limited to "Telstar Express " Telstar Traditional” and “Acrobat Communications" (collectively "Marks") are and shall remain the exclusive property of Acrobat Communications, Inc. and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.

7. Assignment. Customers may not modify or assign this Agreement.  In its sole discretion, Telstar may assign this agreement without notice to the customer.

8. Severability. If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.

9. Entire Agreement.  This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and Telstar with respect to the Services provided hereunder and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the Provisions of this Agreement will control.

10. Governing Law.  This Agreement is governed by and construed under the laws of the State of New York and applicable federal law, without regard to its choice of law principles, except that the arbitration provisions in Section VIII shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

11. No Waiver of Rights.  If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

12. Compliance with Laws. You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event we determine that you have violated any such term, condition, law and/or regulation.