North Main Systems, LLC (“North Main Systems”), shall provide, and the named customer shall purchase from North Main Systems, the services described (“Services” or “Service” as the context may dictate) in this Phone Services Agreement (“Agreement”).
Month-To-Month Service Order Agreement. Month-to-month service agreement refers to contracts that extend for a single month and can be terminated by either party at the end of the month. These agreements can be renewed each month for an undetermined length of time.
Annual Service Agreement. The annual service agreement refers to contracts that are 12 months in length.
Retainer. There shall be no retainer due by the Customer upon signing this Letter. Any payment due to North Main Systems shall be made in accordance with North Main Systems’ company policy.
Hosted Services. The following is an unexhaustive list of the services included in the hosted services to be provided by North Main Systems; firmware upgrades for the cloud PBX, changes to PBX and phone configurations, and troubleshooting of phone calls.
Authorized User. An Authorized User is an individual working for the Customer who is authorized to sign agreements on Customer’s behalf. The Authorized User will be the only person who can retrieve account information or make changes to the account. A Customer may have more than one Authorized User on an account.
Pin Number. Every account will have a 4-digit pin number that is required to have access to account information and to make changes to the account. The pin number can be created by the Customer or generated by North Main Systems.
Payment Terms. Payment terms are set at Net 20, meaning payment is due 20 days after the date of the invoice. Payment can be made by card for a 3.5% service fee. Rates are set at a month-to-month rate that is subject to increase at North Main Systems’ discretion.
Prices for the services do not include any custom duties, sales, use, value added, excise, federal, state, local, public utility, universal services or other similar taxes. All such taxes shall be paid by Customer and will be added to any amounts otherwise charged to Customer.
Customer may be subject to additional payment at the current hourly rate for excessive changes requested by the Customer or for repairs to service interruptions caused by the Customer.
Change in Service. For Month-to-Month Agreements, quantities of services may vary and shall be determined by the Customer. Services can be added or removed at any time and prices will be prorated to reflect the date the change occurred. Services can be terminated at the end of the billing cycle. Prices are subject to change without notice. North Main Systems will discuss any changes in price with the Customer before implementation.
For Annual Service Agreements, Customer agrees to a minimum level of service. If Customer requests to increase their services, all new services pricing will be consistent with the current contract. If Customer requests to decrease their service contract, such changes in services are treated as a termination of services and are subject to the fees described below. Customer is not prohibited from re-signing a new contract following the termination of services.
Upgrade. 24 months from initial install, Customer becomes eligible to upgrade hardware. The upgrade includes free installation of a newer model leased phones. The price will increase to reflect the difference in cost for the newer model phones.
Renewal. For Month-to-Month Agreements, unless otherwise directed, at the beginning of each month North Main Systems assumes a desire to continue services as is and will make no adjustments to services. Prices are subject to change without notice. North Main Systems will discuss any changes in price with the Customer before implementation. For example, should the price of a service increase, North Main Systems will discuss with Customer before the new month begins.
For Annual Service Agreements, in the last month of the service contract, Service Provider will contact Customer to discuss renewing service for an additional 12-months. In the case of no response by Customer, Service Provider assumes a desire to continue services as is and will make no adjustments to services. In such cases, the Service Contract will automatically be renewed for an additional 12-month term. Changes to price will reflect the current marketplace prices and will be applied to the new agreement.
Termination. For Month-to-Month Agreements, Services may be terminated at any time upon either party sending written notice of at least 30 day(s) stating their intent of termination. Such notice may be sent through email by an authorized user or certified mail with return receipt.
For Annual Service Agreements, early termination of service contract will subject Client to retroactive payment for the discounts previously applied. For example, if Client is receiving a $20 per month discount for a 12-month contract, and Client wished to terminate services in month 10 of 12, Client is then liable for the $200 in accumulated discounts they received.
If Customer fails to make payments for three consecutive months, North Main Systems reserve the right to terminate services without notice.
Refund and Return Policy. North Main Systems does not offer a refund for services nor a return of hardware. For termination of services, please see above.
Applicable Law. You agree that your transactions with North Main Systems shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflicts of laws principles.
Warranty. If leased, phone hardware is guaranteed by North Main Systems. If purchased, North Main Systems will make no warranties of any kind, express or implied, including but not limited to the warranties of fitness for a particular purpose or merchantability, nor are any warranties to be implied with respect to the information or services made available under this agreement.
Additional Terms. By accepting this agreement, Customer acknowledges that their internet bandwidth, network hardware, security and cabling must be up to standards suitable for supporting VoIP service. North Main Systems can assist in network consulting at the current hourly rate if desired by Customer.
The Customer shall always be required to provide accurate information to the North Main Systems in a timely manner. If any information produced by the Customer is not accurate, North Main Systems shall not be held liable for any legal, financial or other liability as a result.
IN WITNESS WHEREOF, the Customer and North Main Systems agree to the terms and conditions listed above.
