Master Service Agreement Terms and Conditions
THIS IS A SUMMARIZATION ONLY. DOWNLOAD THE FULL VERSION ABOVE TO SEE THE COMPLETE AGREEMENT
This page has the entire Telogix Service Agreement document, complete with definitions and explanations, for all Telogix business telephone services.
As used throughout this agreement, the following definitions shall apply:
DEFINITIONS
“And” as well as “or” shall be construed both conjunctively and disjunctively, as necessary, in order to bring within the scope of any specification in this Agreement all information or detail that might be construed to be outside the scope of this Agreement.
“Any” shall be construed to include “all,” and “all” shall be construed to include the word “any.”
“Cancel/Cancellation” shall refer to an action by You to eliminate or end Services provided by TELOGIX to You.
“Each” shall be construed to include “every,” and “every” shall be construed to include “each.”
“Referring to” or “relating to” shall mean discussing, describing, reflecting, containing, analyzing, studying, reporting, commenting, evidencing, constituting, setting forth, considering, recommending, concerning, or pertaining to, in whole or in part.
“Service,” “Services,” “Plan,” “Plans” and “System” shall be deemed interchangeable based on context and/or grammatical construct, and shall mean enhanced telecommunication, fax, telephone, advanced call routing, multiple extensions, integrated voice and fax mail, follow-me calling, other features and/or long-distance services, including Service(s) packaged in/as plans (e.g., Everything Plan, White Glove, “1 Users,” “4 Users,” “TELOGIX MOBILE APP,” “TELOGIX-Unlimited,” etc.), or Services used À la carte. May include Service related to a number or numbers assigned to You (“Number(s)”), access to and use of the https://pbx.telogix.com website, use of applications that run on Your computer, smartphone, tablet, or other personal device, and the use of VoIP phone(s)/telephony device(s) (“Device(s)”) that You may procure from TELOGIX or another supplier.
“Terminate/Termination” shall refer to an action by TELOGIX to eliminate or end Services provided by TELOGIX to You.
“You” and “Your” shall mean the legally-able and entitled person or legal entity to whom this Agreement is encumbering, including an individual and/or the company/corporate entity/Business Unit said individual represents, in conjunction with any and all of its parent companies, wholly or partially owned subsidiaries, unincorporated divisions, joint ventures, operations under assumed names, and affiliates, and all directors, officers, employees, agents, consultants, and other persons working on behalf of the foregoing, and extends to all past, current, would-be and future user(s)/consumer(s)/enjoyer(s) of Services.
“Month” and “billing period” shall be considered interchangeable when referring to Your service term, length of service, or any other discussion related to the date(s) of Your contract start/stop and/or renewal(s) date. This may result in the phrase “month” being a relative description as it relates to Your contract start date. In no way shall a calendar month date be used to override the dates in a billing period/cycle when calculating fees owed, Third Party and direct Leases, proration and/or penalties.
“Telogix, LLC” and/or “TELOGIX” are to be considered interchangeable and include Telogix.com, and respective subsidiaries, affiliates, agents, finance institutions employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Devices under this or prior Agreements between You and TELOGIX.
PARTIES
This Terms and Conditions of Service and End User License Agreement are between TELOGIX, LLC and You.
AGREEMENT
Standard Terms, Conditions and End User License Agreement
This is an Agreement (“Agreement”) for Services between You and TELOGIX. Any of the following actions constitutes, without limitation or qualification, Your approval to be bound by, and to comply with, the terms of this Agreement:
Your initialization of the Service, either on the telephone or web page, through the use of Your Number and phone password.
Your registering for Service on our Web page and selecting “I Accept,” “Sign,” “Accept,” “Accept Quote,” as part of the registration process.
Your signature on a TELOGIX Setup Forms, LNP Forms, Equipment Leasing Forms.
Your use of the TELOGIX Service as previously defined.
If You are an individual entering this Agreement on behalf of Your company, You represent and warrant that You have sufficient and appropriate authority to encumber said company and are competent to do so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, CONDITIONS AND THE END USER LICENSE AGREEMENT, DO NOT USE THE TELOGIX SERVICE, INSTALL TELOGIX SOFTWARE ON YOUR DEVICES, OR LOG INTO YOUR SYSTEM TO ADMINISTER AND/OR MAKE CHANGES.
License Agreement
TELOGIX grants You a limited, revocable, non-exclusive, non-assignable, non-transferable, non-resaleable license and right to use the Services within the terms set forth in this Agreement.
All rights not expressly granted under this Agreement are specifically withheld and reserved by TELOGIX. Said reservation includes, but is not limited to: patents, source code, copyrights, trademarks, service marks, trade secrets, proprietary processes, and all other intellectual property rights that may be related to, or found in, Your Service.
You agree not to take, or cause to take, any actions that could limit or interfere with the aforementioned reserved rights (including modification of function, creation of works derived from TELOGIX source whether reverse engineered, inferred or decompiled). Any such actions constitute a violation of this Agreement and are subject to service suspension, cancellation, termination or other action at the sole discretion of TELOGIX.
Upon termination of the Service for any reason, Your right to use the Service immediately ceases. You shall have no right and TELOGIX will have no obligation thereafter to forward any unread or unsent messages to You or any third party.
You may not resell or transfer Your Service or Your Device(s) or provide a telephone service to anyone else by using Your Service or features of Your Service without prior written consent from TELOGIX.
Disclosures and Other Pertinent Information
You represent and warrant that You are at least 18 years of age and possess the legal right and ability to enter into this Agreement. You further affirm You will provide (or have provided) to TELOGIX in connection with Your registration for Service, true, accurate, current and complete information including:
name(s) (personal and/or business)
address(es) (physical, billing, and/or shipping)
credit card/payment information
the E911 address(es) for all devices requiring E911 registration.
You agree to provide TELOGIX any additional detail (e.g., valid photo ID, Credit Card authorization form, supplemental forms) which TELOGIX, in its sole discretion, determines may be required to activate, reactivate, or continue Your service.