Fair Usage Policy
Starting on the date of your order or the date your payment is processed,
whichever is later ("order date"), your payment method will be charged
("charged") annually or twice a year, for annual pre-paid plan) in advance for
all service plan charges, fees, taxes and surcharges.
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1.
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INTRODUCTION.
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These Terms of Service constitute the agreement between FarrahTel
unlimited (NU). And the user of FarrahTel unlimited communications services and any
related products or services. This agreement governs our service It applies to
all lines on each account. FarrahTel
unlimited is sometimes referred to as "we," "us," "our," or "FarrahTel unlimited"
“NU” and the user is sometimes referred to as "you," "your," or "user," or
"customer".
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By subscribing to or using our service, you agree to these Terms
of Service. All information linked to these Terms of Service is part of it.
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2.
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CUSTOMER SERVICE.
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We offer varying types and levels of customer service depending on a number of
factors, including the service you are using and the problems you are
experiencing. We may change the customer service options at any time.
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3.
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SERVICE
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3.1
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Service Distinctions.
Our service is a telecommunications service, and we provide it on a best efforts
basis. Events beyond our control may affect our service, such as power outages,
fluctuations in the Internet, termination interruption, In country interruption,
underline carrier service interruption or maintenance. We will act in good faith
to minimize disruptions to your use of and access to our service.
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3.2
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Residential Use of Service.
Our service offered to
residential subscribers only. Our service should not be used from
businesses location or home business when you subscribe to our residential
service plans, you agree on using the service we provide as mean of residential
use. Our service solely for single family, normal residential, non-commercial
use. Single family refers to you and those of your immediate family members who
reside in your personal residence - e.g., spouse, domestic partner,
and/or children.
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3.3
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Inconsistent with Normal Use.
The normal and consistent use will be 2000 minutes per month. If you use the
service in a way that is inconsistent with the normal use for your service or
plan, you will be required, at FarrahTel unlimited sole discretion, to pay the
rates for the service or plan that would apply to the way you used the service
or terminate the plan. For example, if you subscribe to our residential service
plans, and your usage is inconsistent with normal residential use, you may
thereafter be required to pay our applicable, higher rates for commercial
service for all periods in which your use of our service . Another example the
use of the service by others who do not reside in your personal residence.
Unlimited voice services are provided primarily for continuous live dialog
between two individuals. Lack of continuous dialog activity, unusual call
patterns, excessive numbers and/or consistent excessive usage will be considered
indicators that use may be inconsistent with normal use, or that impermissible
use may be occurring and may trigger an account review or further action by us.
Failure to contact FarrahTel unlimited in response to its notifications and/or
failure to promptly correct usage activity to conform to normal use will result,
in FarrahTel unlimited sole discretion, in immediate mandatory transfer to another
appropriate plan, suspension or termination of service. You acknowledge that if
your service is terminated under this provision, you are subject to all
applicable disconnection and device or other rebate recovery charges. FarrahTel
unlimited 's right to terminate your account (with or no reason) is not limited
by this provision. Commercial, not-for
profit, governmental use or other similar use
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The use of the
service at a multi-residential address for more than one single residence; or
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The use of the
service by others who do not reside in your personal residence primarily by
reason of its unlimited feature
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3.4
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Changes to Service Plans
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Your service plan includes terms and conditions such as monthly
service allowances, limitations and features, and the associated charges. You
acknowledge that your service plan is also subject to these Terms of Service.
Our service is subject to our business policies, practices and procedures, which
we can change at any time without notice. Unless otherwise prohibited by
applicable law, we can also change the terms and conditions of your service plan
(such as features and prices) at any time, with or without notice. If we do give
you notice, it may be provided on our account web page, by e-mail, by telephone
or other communication permitted under applicable law.
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4.
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LENGTH OF SERVICE.
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4.1
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Service Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance for one year. The service term is the term that available on our website. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
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4.2 |
Our right to disconnect Or block
the service.
We have the right to temporally or permanently suspend, Interrupt or discontinue
service generally, or to disconnect your service, at any time. In addition, we
reserve the right to immediately disconnect your service at any time without
notice.
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We reserve the right to immediately disconnect your service at any time without
notice:
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Unlawful or
inappropriate
use
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If we determine that you have used our service for an unlawful or inappropriate
purpose. If we determine that the use or content does not conform to the
requirements in this agreement or that it interferes with our ability to provide
service to you or others.
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Violation
of laws
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If we determine that you have used our service in violation of laws.
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Inconsistent
usage
Beyond the normal
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If FarrahTel finds or determines that the service in which you are using, under the unlimited plan is being used with inconsistent usage patterns that would lead FarrahTel to believe that the service was being abused.
In order to stop any abuse for the service, FarrahTel decided to have up to 2000 minutes per month available to the customers. Also, there will be no roll over for the minutes from a previous month.
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Disputing or issuing a charge back against us
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If a chargeback was filed against FarrahTel, the account will be blocked and the service will not be available unless the chargeback is canceled by the customer OR the chargeback was challenged by us and reversed to our favor. $25 will be assessed on the account and the customer is required to call the customer service to reactivate the service. Also, $25 will be deducted from the total amount refunded if FarrahTel chose to settle the dispute. All refund will be process according to FarrahTel policy.
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4.3
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Fees upon disconnection.
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Disconnection by you.
. If you attempt to cancel the service after the first month of usage for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected lines, plus a $ 175 disconnection fee per line, if applicable.
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Disconnection by us without a reason.
If we cancel service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees. Including a pro-rated portion of the final service term charges, and any recovery fees.
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Disconnection by us with a reason.
If we disconnect your service for any of the reasons listed in section above,
you will be responsible for all charges through the end of your current service
term, including unbilled charges, plus any disconnection and any recovery fees.
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All of charges owed at the time of disconnection will be immediately payable.
At the time of disconnection, we will immediately charge the credit you have
provided to us for payment, for all amounts due and owing on disconnection. We
will pursue collection for unpaid amounts on disconnected accounts and may
report these unpaid charges to credit bureaus.
Termination of service
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In order to terminate your service, you must contact our Customer Care
Department, via telephone, at the following toll-free number: 877-777-7090 Our
Customer service department is available to assist you Monday-Saturday 9:00 a.m.
– 12:00 p.m. Eastern Time, or during other available times set forth on our
website.
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5
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BILLING AND PAYMENT.
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5.1
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Billing.
We will bill you in advance for the service plan fee due for the entire year,
plus any associated taxes, fees and surcharges. When you subscribe to our
service, you must give us a valid email address and a payment method that we
accept. We reserve the right to stop accepting your payment method or your
payments. You must advise us at once if your payment method expires, you close
your account, your billing address changes, your email address changes, or your
payment method is cancelled and replaced on account of loss or theft.
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5.2
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Payment.
When you subscribe to our service, you authorize us to collect from your payment
method, including disconnection fees, recovery fees and any other outstanding
charges. This authorization will remain valid until 30 days after you terminate
our authority to charge your payment method.
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5.3
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Collection.
If we disconnect your service, you will remain liable to us for all charges
under this agreement and all the costs we incur to collect these charges,
including, without limitation, collection agency fees, reasonable attorneys'
fees, and arbitration or court costs.
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5.4
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Billing Disputes.
If you want to dispute any of our charges on your statement, you must notify us
within 7 days after you receive your statement from your bank or credit card
issuer. If you do not dispute the charges within 7 days, you waive any right to
contest the charges. 877-777-7090
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6.
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INDEMNIFICATION AND WAIVER OF CLAIMS.
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6.1
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Indemnification.
You shall defend, indemnify, and hold harmless FarrahTel unlimited, its officers,
directors, employees, affiliates and agents, and any other service provider who
furnishes services to you for our service, from any and all claims, losses,
damages, fines, penalties, costs, and expenses (including, without limitation,
attorneys fees) by, or on behalf of, you or any third party or user of our
service, relating to our service,
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6.2
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Content.
You are liable for all liability that may arise from the content transmitted to
any person, whether or not you authorize it, using your service. You promise
that you and anyone who uses your service and all your and their content comply
at all times with all laws, regulations, and written and electronic instructions
for using our service and the device.
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6.3
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Account Information.
You are liable for all liability that may arise from your failure to provide
true, accurate, current and complete information and to maintain and promptly
update such information. If you provide any information that is, or we have
reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or
incomplete, we may suspend or terminate or refuse any and all current or future
use of the service, or any portion thereof..
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7.
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MISCELLANEOUS LEGAL CONSIDERATIONS.
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7.1
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Governing Law.
The law of the state of Florida will govern this agreement as well as the
relationship between you and us, except to the extent such law is preempted by
or inconsistent with applicable federal law. Because this agreement is a
transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not
state arbitration law, shall govern the interpretation and enforcement of the
arbitration provision in Section 8.
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7.2
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No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will
not constitute a waiver of the right or provision. We reserves all of our rights
at law and equity to proceed against anyone who uses its services illegally or
improperly. All determinations by us under these Terms of Sale and exercise of
its rights are made and done in our sole and absolute discretion.
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7.3
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Survival.
The provisions of this agreement that by their sense and context are intended to
survive the termination or expiration of this agreement shall survive.
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7.4
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No Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim,
liability, reimbursement, or cause of action. This agreement does not create any
third party beneficiary rights.
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7.5
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Legal Age.
You promise that you are of legal age to enter into this agreement and that you
have read and understand fully its terms and conditions.
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7.6
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Entire Agreement.
This agreement, including any future modifications to its terms, and the rates
for services found on our web site constitute the entire agreement between you
and Vonage. This agreement governs your use of our service, and the use of our
services by the members of your household and your guests and employees. This
agreement supersedes any prior agreements between you and us. It also supersedes
all prior or contemporaneous statements, understandings, writings, commitments,
or representations concerning its subject matter.
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7.7
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Severability.
If any part of this agreement is legally declared invalid or unenforceable, all
other parts of this agreement will remain valid and enforceable. This invalidity
or non-enforceability will not invalidate or render unenforceable any other
portion of this agreement.
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8.
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DISPUTE RESOLUTION AND BINDING ARBITRATION.
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.
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8.1
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Arbitration.
FarrahTel unlimited and you agree to arbitrate any and all disputes and claims
between you and FarrahTel unlimited. Arbitration means that all disputes and claims
will be resolved by a neutral arbitrator instead of by a judge or jury in a
court. This agreement to arbitrate is intended to be given the broadest possible
meaning under the law. It includes, but is not limited to: disputes and claims
arising out of or relating to any aspect of the relationship between you and
FarrahTel unlimited, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory; disputes and claims that arose
before this or any prior agreement (including, but not limited to, claims
relating to advertising); disputes and claims that may arise after the
termination of this agreement; disputes and claims that are currently the
subject of individual litigation; disputes and claims that are currently the
subject of purported class action litigation in which you are not a member of a
certified class; and disputes and claims concerning the scope of this
arbitration provision. References to " FarrahTel unlimited," "us" and "you" include
our respective subsidiaries, affiliates, agents, employees, predecessors in
interest, successors and assigns, as well as all authorized or unauthorized
users or beneficiaries of the service under this agreement or any prior
agreements between you and FarrahTel unlimited or its subsidiary.
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8.2
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Informal Resolution of Disputes.
Our customer care department can resolve most customer concerns quickly and to
the customer's satisfaction. If you have a dispute or claim against us, you
should first contact the our customer care department by telephone 877-777-7090
or by email at.
support@FarrahTelinternational.com
In the event your dispute or claim is not
resolved to your satisfaction, you may seek to have that dispute or claim
resolved as set forth below.
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8.3
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Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a
written Notice of Dispute.
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(A)
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A Notice of Dispute to Vonage must be sent to FarrahTel unlimited:
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(1)
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by certified mail addressed to: FarrahTel unlimited
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(2)
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by email
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(B)
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A Notice of Dispute to you must be sent to you
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(1)
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by certified mail at the last mailing address that you registered
with FarrahTel unlimited; or
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(2)
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by email addressed to you at the last email address you
registered with FarrahTel unlimited.
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(C)
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The Notice of Dispute must
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(1)
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describe the nature and basis of the dispute or claim; and
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(2)
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set forth the specific relief sought.
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(D)
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If you and FarrahTel unlimited do not reach an agreement to resolve
the dispute or claim within thirty (30) days after the Notice of Dispute is
received, you or FarrahTel unlimited may commence an arbitration proceeding. You
may download or copy a form to initiate an arbitration proceeding from the AAA
website:
http://www.adr.org/si.asp?id=2062.
The amount of any settlement offer made by you or FarrahTel unlimited shall not be
disclosed to the arbitrator until after the arbitrator determines the amount, if
any, to which you or FarrahTel unlimited is entitled.
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8.4
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Arbitrator and Arbitral Rules.
The arbitration shall be administered by the American Arbitration Association
("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at
Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York
10019. The arbitration shall be governed by the AAA's Commercial Dispute
Resolution Procedures and Supplementary Procedures for Consumer Related Disputes
(collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are
available at www.adr.org or by calling the AAA at 1-800-778-7879.
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8.5
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Location and Procedure of Arbitration.
Unless you and FarrahTel unlimited mutually agree otherwise, all hearings conducted
as part of the arbitration shall take place at a location, in state of Florida,
If your claim is for $10,000 or less, you or FarrahTel unlimited may request that
the arbitration be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim is in excess of $10,000, the right
to a hearing will be determined by the AAA Rules.
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8.6
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Fees and Costs.
If you cannot afford it, FarrahTel unlimited will advance all arbitration filing
fees and arbitrator's costs and expenses upon your written request given prior
to the commencement of the arbitration. You are responsible for all additional
costs that you incur in the arbitration, including, but not limited to,
attorneys or expert witness fees. If the arbitration proceeding is decided in
FarrahTel unlimited favor, you shall reimburse FarrahTel unlimited for the fees and
costs advanced to you. If the arbitration proceeding is decided in your favor,
you will not be required to reimburse FarrahTel unlimited for any of the fees and
costs advanced by FarrahTel unlimited. If the party elects to appeal an award, the
prevailing party in the appeal shall be entitled to recover all reasonable
attorneys' fees incurred in that appeal. Notwithstanding anything to the
contrary in this arbitration provision, FarrahTel unlimited shall pay all fees and
costs which it is required by law to pay.
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8.7
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Waiver of Jury Trial.
You and FarrahTel unlimited agree that, by entering into this agreement, you and
FarrahTel unlimited are waiving the right to a trial by jury.
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8.8
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Waiver of Class Actions.
You and FarrahTel unlimited agree that the arbitrator may award relief only in
favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. You and FarrahTel
unlimited agree that you and FarrahTel unlimited may bring claims against the other
only in your or its individual capacity, and not as a plaintiff or class member
in any purported class or representative proceeding. You and FarrahTel unlimited
agree that, unless you and FarrahTel unlimited agree otherwise, the arbitrator may
not consolidate more than one person's or entity's claims, and may not otherwise
preside over any form of a representative or class proceeding. Despite §7.7 or
any other provision in this agreement to the contrary, if this specific waiver
of class actions provision, or any portion thereof, is found to be
unenforceable, then the entirety of this dispute resolution and binding
arbitration provision shall be null and void.
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8.9
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Statute of Limitations:
You must contact us within one (1) year of the date of the occurrence of the
event or facts giving rise to a dispute (except for billing disputes which are
subject to section 5.5 of the agreement), or you waive the right to pursue a
claim based upon such event, facts, or dispute.
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8.10
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Exceptions to Arbitration Agreement:
You and we agree:
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(a)
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you may take your dispute to small claims court, if your dispute
qualifies for hearing by such court;
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(b)
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if you fail to timely pay amounts due, we may assign your account
for collection, and the collection agency may pursue in court claims limited
strictly to the collection of the past due debt and any interest or cost of
collection permitted by law or the Agreement;
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(c)
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you or we may take any disputes over the validity of any party's
intellectual property rights to a court of competent jurisdiction;
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(d)
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any dispute related to or arising from allegations associated
with fraudulent or unauthorized use, theft, or piracy of service may be brought
in a court of competent jurisdiction; and
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(e)
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either you or we may seek any interim or preliminary relief from
a court of competent jurisdiction, necessary to protect the rights or property
of you or FarrahTel unlimited, pending the completion of arbitration.
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8.11
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Modification of Arbitration Provision.
Despite §9 or any other provision in this agreement to the contrary, if FarrahTel
unlimited makes any substantive change to this arbitration provision, you may
reject any such change and require FarrahTel unlimited to adhere to the language in
this provision.
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9.
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CHANGES TO THIS AGREEMENT.
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We may change the terms and conditions of this agreement from
time to time. By subscribing to our service, you agree that we may provide to
you by use of electronic communications required notices, agreements, and other
information concerning FarrahTel unlimited, including changes to this agreement. We
may give you notice of a change by posting the change on the home page of FarrahTel
unlimited.com, on your account web page or monthly bill, in a newsletter, by
e-mail, on the relevant web page of the applicable service, or by other
permitted communication. Such notices will be considered given and effective on
the date posted. These changes will become binding on you on the date they are
posted and we are not required to give you further notice in order for you to
continue using our service. By continuing to use the service after revisions are
in effect, you accept and agree to all revisions. If you do not agree to the
changes, you must terminate your service immediately. Disconnection fees and
recovery fees will not be applicable to termination of service due to increases
in service plan prices or other material changes if your account is in good
standing and you call us to terminate within 30 days after posted notice of the
change. Increases in usage rates, taxes, surcharges such as the Federal Program
Fee or discretionary billable add-ons or features will not be subject to waivers
of disconnection fees and recovery fees. When posted, this agreement supersedes
all previously agreed to electronic and written terms of service, including,
without limitation, any terms included with the packaging of your device. It
also supersedes any written terms provided to retail customers with retail
distribution, including, without limitation, any written terms in the packaging
of your device. If you want to withdraw your consent to receive notices
electronically, you must discontinue your use of FarrahTel unlimited services. If
you continue to use our service, we will consider this your acceptance of any
changes.
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10.
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PRIVACY
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FarrahTel unlimited Service uses, in whole or in part, third party networks to
transmit voice and other communications. FarrahTel unlimited is not liable for any
lack of privacy which you may experience from using our service.
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(a)
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You authorize us
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(i)
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to investigate and/or review your credit history, including
requesting a consumer report, both when you sign up for our service and at any
time after you sign up, for any purpose, including, but not limited to, your
initial qualification for an account, your continued compliance with the terms
of your account and general customer base evaluation purposes not specifically
associated with your account; and
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(ii)
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to share credit information about you with credit reporting
agencies. Upon your request we will inform you whether or not we have requested
a consumer report, and if a report was requested, the name and address of the
consumer reporting agency that furnished the report.
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11.
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EXPORT CONTROLS
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You agree to comply fully with all relevant export laws and
regulations of the United States, including but not limited to the U.S. Export
Administration Regulations, administered by the Department of Commerce, Bureau
of Industry and Security. You also expressly agree that you shall not export,
directly or indirectly, re-export, divert, or transfer any portion of our
service or any direct product to any destination, company, or person restricted
or prohibited by U.S. export controls.
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