Blue Tie Cloud Services
Terms and Conditions
The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to all Blue Tie Cloud Services products including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of Blue Tie Cloud Services, hereafter referred to as “the Customer.”
Section 1: Payments and Charges
Section 2: Additional Charges and Price Changes
Section 3: Account Balance
If the Customer chooses to pay for the Service by check, the Customer is responsible for payment of all invoices (Net 20). To pay by check, an initial deposit is required equal to the monthly rental/service fee on the account. Returned checks will result in a $35 fee applied to the Customer’s account balance. Any Customer disputes of the amounts invoiced or charged must be submitted in writing to Blue Tie Cloud Services within sixty (60) days of the date of the disputed charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges. The Customer understands and agrees that awaiting any pending credit(s) to the Customer’s account is not sufficient cause to withhold payment for invoices. A late fee of 1.5% per month will be applied to any unpaid account balance. We reserve the right to disconnect the Service at any time without notice due to non-payment or unlawful or inappropriate use of the Service. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts. Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $25. In the event Service is disconnected due to non-payment, Customer grants Blue Tie Cloud Services access to premises to acquire any equipment provided for the delivery of services provided under this agreement.
Section 4: Local Area Telephone Numbers
Section 5: 911 Softphones and Mobile Devices
Section 6: Service Issues – Scope of Responsibility
Section 7: Lawful and Appropriate Use
Section 8: Limited Warranty; Exclusions
EXCEPT AS PROVIDED ABOVE, Blue Tie Cloud Services MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Blue Tie Cloud Services DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST Blue Tie Cloud Services MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND Blue Tie Cloud Services SHALL HAVE NO LIABILITY THEREAFTER.
Section 9: Limitation of Liability
Section 10: Changes to Service and Terms and Conditions
Section 11: Right to Identify Customer
Section 12: Contract Term and Cancellation
Services shall continue under the terms and conditions of the agreement after expiration of the Term on a month to month basis with the Services priced at Blue Tie Cloud Services’ then current monthly rates until each respective service is cancelled by either Party upon thirty (30) days written notice to the other Party. Customer must provide thirty (30) days prior written notice for any termination of any circuit, facility and/or service.
Section 13: Governing Law and Venue
Section 14: Entire Agreement
The FCC’s E911 VoIP decision also requires Blue Tie Cloud Services Group to obtain and keep a record on file showing that your company has received and understood this E911 Disclosure Addendum. Please respond IMMEDIATELY to this Addendum.
If you fail to acknowledge to the 911 disclaimer, we may be required by the FCC Order to suspend your service until we do receive your acknowledgment.
By using Blue Tie Cloud Services Group VoIP Services you agree to the terms of this 911 Disclaimer in the Blue Tie Cloud Services Quote and Order, you are affirmatively acknowledging that (1) you have read and understood this E911 Disclosure Addendum, (2) you understand that you may not be able to contact emergency services by dialing 9-1-1 using Hosted VoIP, and (3) you understand that you must inform users of Hosted VoIP that they may not be able to contact emergency services by dialing 9-1-1 using Hosted VoIP.
You may obtain a copy of the FCC regulation and accompanying E911 VoIP decision in Docket No. 05-196 at the following link: http://www.fcc.gov/cgb/voip911order.pdf.
HOSTED VOIP E911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE.
Although the Integrated Access Device (“IAD”) Blue Tie Cloud Services placed on your premises may be equipped with back-up battery power, in the event of a commercial power outage lasting longer than the IAD battery life, the IAD will lose power causing a loss of voice and data service, including access to E911 services. Once power service is restored, you may be required to reset or reconfigure your equipment before you will be able to use Hosted VoIP to contact E911 services. You are responsible for providing an uninterruptible backup power supply if you wish to ensure continued operation of electrical equipment in the event of a power outage.
HOSTED VOIP E911 SERVICES WILL NOT OPERATE IF YOUR BROADBAND CONNECTION IS DISRUPTED OR HOSTED VoIP HAS BEEN SUSPENDED FOR ANY REASON, INCLUDING, FOR EXAMPLE, NON-PAYMENT.
Once your broadband connection and Hosted VoIP have been restored, you may be required to reset or reconfigure your equipment before you will be able to use Hosted VoIP service to contact E911 services.
YOU MUST PROVIDE BLUE TIE CLOUD SERVICES WITH YOUR CORRECT SERVICE ADDRESS OR HOSTED VoIP E911 SERVICES CALLS MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST YOU.
If you notice that the service address information identified in your contract or bill is inaccurate, you can make corrections by calling our Customer Service representatives at 248-724-1000 during the hours of 8 a.m. to 5 p.m. Michigan time, Monday – Friday.
HOSTED VOIP E911 SERVICES CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST YOU IF YOU DISABLE, DAMAGE OR MOVE THE IAD TO A LOCATION OTHER THAN THE SERVICE ADDRESS YOU PROVIDED TO BLUE TIE CLOUD SERVICES WHEN SERVICE WAS INITIATED.
If you wish to move to a new service address or report damage to your IAD, please call Blue Tie Cloud Services Customer Service at 248-724-1000 during the hours of 8 a.m. to 5 p.m. Michigan time, Monday – Friday.
HOSTED VOIP E911 SERVICES CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE.
Due to network congestion or problems, calls to E911 services made using Hosted VoIP may be dropped, in which case you will not be connected to emergency services, or your E911 calls may take longer to connect than E911 calls made using traditional telephone service.
IN ADDITION, YOU SHOULD MAINTAIN ALTERNATE MEANS OF CONTACTING E911 SERVICES AND YOU MUST INFORM YOUR HOSTED VoIP USERS OF THESE ALTERNATE MEANS.