CAREFULLY READ THESE TERMS AND CONDITIONS, AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COMPANY. ONLY AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY MAY EXECUTE THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,YOU DO NOT HAVE PERMISSION TO USE COMPANY SERVICES AND DO NOT HAVE ANY OTHER OF THE RIGHTS SET FORTH BELOW.
This Master Service Agreement (this “MSA”) is entered into between the service provider (“Company”) and customer (“You”). You are not required to purchase voice services from Company nor from any of its affiliates. If You elect to purchase voice services under this MSA, please be advised of the following:
- (i) voice services will be provided through Company’s affiliate;
- (ii) Your acceptance of, and agreement to, the terms of this MSA also constitutes your acceptance and acknowledgement of, and agreement to, the important disclosures, notices and disclaimers contained in Attachment 1 to this Agreement related to 911 (including “Enhanced 911” or “E911”) calling and service and the terms of the Schedule(s) and related documents provided or made available to You by Colletti Tech’s affiliate; and
- (iii) the terms and conditions of this MSA will apply to the services you receive from Company’s affiliate as well as the terms and conditions in Company’s affiliate’s Schedules and related documents. If You instead choose to purchase voice services through an unrelated third party, this MSA will not govern the provision of any services provided by such third party, and such third-party-provided voice services are used at Your sole risk and pursuant to the terms and conditions you enter into with such third party.
- Any of the following actions constitutes Your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: registering for Service on Company’s web page or portal and selecting “I Accept” as part of the registration process, ordering Service from Colletti Tech’s personnel and providing them with Your credit card number or other billing information, or use of the Services by You or Your Users. You agree to be bound by all of the terms and conditions of this Master Service Agreement and all terms as they may exist from time-to-time including but not limited to:
- (b) Service Level Agreements for all of Colletti Tech’s Services that may be sold hereunder (each, a “Service Level Agreement” or “SLA”);
- (c) Acceptable Use Policy (“AUP”); and
- (d) Product Schedules (as defined below).
- For the purposes of this Master Service Agreement, the following definitions apply:
- “Access Information” means information that alone or together with other information, can provide access to any portion of Your Account, including but not limited to, Your Account number, login names, passwords, credit card or other financial information, security questions and their respective answers, and any other similar information. For the avoidance of doubt, Your Access Information will include any similar information for each of Your Users.
- “Account” means the account created with Colletti Tech in connection with this Agreement that relates to Your purchase of and subscription to Services and the use of Services by You and Your Users.
- “Administrative User” means any of Your employees, consultants, independent contractors or customers to whom You grant administrative permission to access the Services in accordance with Colletti Tech’s entitlements and procedures and this Agreement (where “administrative permission” includes, but is not limited to, the right to create, modify and delete User accounts, as well as the right to access and modify Your billing information and other functionality available through Colletti Tech’s administrative control panel).
- “Applicable Law” means any applicable foreign, federal, state, provincial or other laws, rules, regulations or interpretations of relevant Governmental Authorities or self-regulatory bodies.
- “Beta Offerings” means any portion of the Services offered on a “beta” basis, as designated by Colletti Tech, including but not limited to, products, plans, services, and platforms.
- “Data” means all data submitted by Your Users to Company in connection with the Services, including all content, material, intellectual property and similar addresses, recordings, messages, software, Account Information and Account-related settings.
- “Governmental Authority” means a government, regulatory organization, self-regulatory organization, court of competent jurisdiction or similar body.
- “Company Parties” means Colletti Tech’s affiliates (including parents and subsidiaries), vendors, licensors and partners, and its officers, employees, agents and representatives.
- “PHI” means for customers in the United States, Protected Health Information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 and the rules and regulations promulgated thereunder, as each may be amended from time to time) and for customers in Canada, personal health information (as such term is defined in the applicable federal, state and provincial privacy legislation relating to personal health information and the rules and regulations promulgated thereunder, as each may be amended from time to time) that is individually identifiable health information.
- “Schedule(s)” means documents (including the Service-specific product schedules located at https://colletti-tech.com and the order documentation generated through administrative control panel) that specifically describe the Services used by You under this Agreement, including product descriptions, the currency to be used for billing and payment, pricing, and other terms. Each Schedule shall be deemed a part of and incorporated into this Agreement.
- “Services” means Unified Communications, hosting and other services, software and products, as such services, software and products that are offered by Colletti Tech from time-to-time in its discretion and subscribed to, purchased by, or used by You as set forth in a Schedule.
- “Third-Party Service” means any service or product offered by a party that is not Colletti Tech.
- “User” means any of Your employees, consultants, independent contractors or other individuals to whom You grant permission to access the Services in accordance with Colletti Tech’s entitlements procedures and this Agreement (including Administrative Users and end users).
- “You” and “Your” means the individual or entity on whose behalf this Agreement is accepted.