Terms and Conditions

VoIP Terms and Conditions

This Agreement (“Agreement”) is between Cummins PC Help, and the Customer. The parties agree as follows:

Important Information

The Customer acknowledges that this is a Voice over Data Network service, and as such, it is dependent on the Customer’s connection to the data network and the data network itself. The Customer’s service may therefore cease to function if there is a power failure or a failure in the underlying data network.

The Customer understands and acknowledges that this service allows calls to the emergency services number 911 and that calls to these services may fail if there is a power outage or if the customer’s broadband connection fails.

The customer understands and acknowledges that the address provided by the customer will be passed to the Emergency Services and will be used in location finding during a 911 call. The customer understands and acknowledges that the address provided is the location that the service will be used and that it is the customer’s responsibility to notify Cummins PC Help of any changes to this information. Further details on the Enhanced 911 service are outlined below.

Services

Subject to the terms and conditions of this Agreement, Cummins PC Help will provide to the Customer, the telecom services and/or related services described in the specific package of services chosen by you. Cummins PC Help shall take all due care in the provision and maintenance of the service to provide quality and reliability. In the event of any failure or malfunction within our networks Cummins PC Help shall then correct any failure or malfunction as soon as is reasonably practical.

Term

The initial term of this Agreement shall be as stated in the Order (“Initial Term”). The Initial Term shall begin upon commencement of Service to the Customer, provided, however, no Service shall commence unless and until Cummins PC Help receives and accepts a completed Order from the Customer plus payment in full for Services to be rendered during the Initial Term and any setup charges.

Cummins PC Help reserves the right to reject any submitted Order for any or no reason prior to acceptance by Cummins PC Help. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the “Term.”

Fees And Payments

All fees for Services rendered or provided to the Customer shall be in accordance with Cummins PC Help’s price list then in effect. A price list setting forth Cummins PC Help’s current rates for Services is available on the web site.

Cummins PC Help may, at any time, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.

All users signing up for the Cummins PC Help VoIP service will be asked to read and agree to our terms and conditions before registration is completed. By agreeing to these terms and conditions the user agrees to abide to the terms and conditions.

When the user purchases services or sets up an auto payment method, the user grants Cummins PC Help continuous authority on the users debit or credit card until such time as the service(s) or auto payments are cancelled by the user and any outstanding monies have been paid. This includes all administration and porting fees. Should the user choose to cancel the user’s monthly service(s) or auto payments then Cummins PC Help’s continuous authority is immediately ceased.

In the event that Cummins PC Help are unable to take a continuous authority payment from the user’s card then the user will be informed by email and will be prompted to make a payment via “Your Account” in order for their services to continue. Unpaid items will be marked as expired and the user prompted to renew. A notice of expired items will also be displayed in “Your Account”.

In the event that any amount due to Cummins PC Help remains unpaid, Cummins PC Help, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Cummins PC Help) shall be paid by the Customer.

The customer will pay for all calls made from his account whether authorized or unauthorized. This includes, but is not limited to, calls made from fraudulent use of the account caused by hacking or any other form of unauthorized intrusion or use.

Security Of Service

The customer is wholly responsible for the safety and security of their Cummins PC Help account and the equipment used by them to access the Cummins PC Help network and services and must put in place such safeguards as necessary to prevent unauthorized use. The customer is responsible for all persons who use their username and password to access the service, whether authorized or not. Cummins PC Help accepts no responsibility for costs incurred by the customer from unauthorized usage of a customer’s account

Cummins PC Help reserves the right, but no obligation to check the security of a customer’s equipment or devices used to connect to its network if it reasonably believes that equipment on the customer’s network may be at risk from external attack (hacking) or if they believe that its terms and conditions of use are not being followed.

Content And Customer’s Responsibility

Cummins PC Help will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Cummins PC Help shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.

Any users causing inappropriate cpu (central processor unit) usage, system load, performing any illegal activities or misusing 911 services will be immediately suspended.

Any users found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a $450 clean-up and service fee upon termination. On such accounts all monies outstanding must be paid and refunds for any remaining days will not be given.

Customer conduct: Cummins PC Help will not tolerate bad language, verbal or threatening behavior either via phone, email or any other form of communication. Cummins PC Help expects that their customers and support representatives act in a polite and courteous manor at all times.

Cummins PC Help reserves the right to determine what constitutes abuse of their staff or services.

Music on Hold. Licenses: Cummins PC Help’s custom Music on Hold service is a storage only system. You are wholly responsible for ensuring that you have the appropriate rights and licenses to play the music that you upload. If in doubt, please consult the Performing Rights Society.

Take Down. We will remove any content that is contrary to United States law, or considered inappropriate or indecent without consultation or prior notice and at our sole discretion.

From time to time, Cummins PC Help will email its customers with information that it judges necessary for the ongoing upkeep and maintenance of their accounts and with information about changes, updates and new services that have become available. The Customer agrees to accept these emails unless and until they cancel all active services on their account.

No Warranty

The Customer agrees to use all Cummins PC Help Services and facilities, and any information obtained through or from Cummins PC Help, at Customer’s own risk. Customer acknowledges and understands that neither Cummins PC Help, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Cummins PC Help specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

Limited Liability

Under no circumstances, including negligence, shall Cummins PC Help, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to the Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Cummins PC Help’s’ records, programs or services.

Cummins PC Help further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the amount which the Customer paid during the month immediately preceding the claim or the term of this Agreement, whichever is less.

Indemnification

The Customer shall defend, indemnify, save and hold Cummins PC Help harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys’ fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter “Liabilities”) asserted against Cummins PC Help, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by the Customer, its agents, employees or assigns or any product distributed, offered or sold by the Customer, its agents, employees or assigns.

Termination

This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by Cummins PC Help, at any time, upon 20 days’ prior notice if in the sole judgment of Cummins PC Help, The Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by Cummins PC Help in the event of non-payment by the Customer as provided in Paragraph 3 above; and (iv) by Cummins PC Help, at any time, without notice, if, in Cummins PC Help’s sole judgment, the Customer is in violation of any terms or conditions of Cummins PC Help’s Usage Policy.

Additional Terms And Conditions

The Customer hereby acknowledges that the Customer has seen and reviewed a copy of Cummins PC Help’s “Usage Policy” provided on the Cummins PC Help website and that the terms of the Usage Policy are incorporated herein by reference. Cummins PC Help reserves the right to amend these terms & conditions and the Usage Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit Cummins PC Help’ Web site to review the terms and conditions and its Usage Policy and to make certain that the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.

Notice

All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Cummins PC Help shall be delivered to its address stated below or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

Miscellaneous

This Agreement sets forth the entire agreement between Cummins PC Help and The Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without Cummins PC Help’ prior written consent. This Agreement shall be governed by the laws of the state of California and all claims concerning this Agreement shall be brought exclusively in California courts located in Auburn, California. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Cummins PC Help’s services.

Refund And RMA Policy

Equipment Purchase. Cummins PC Help will honor their money back guarantee when the Customer has returned all equipment that has been supplied to them. If you have simply changed your mind about any item ordered, and you wish to return it, you can do so provided you inform us of your decision within 14 days of receipt. The item must not be used and must be ‘as new’ when returned to us. Customers can contact Cummins PC Help via phone, email, or contact submittal form on the website for technical support of the product. If we can’t resolve the problem with you directly, you will be issued with an RMA number. You then have 28 days to return the goods to the address provided to you.

Once we have received the item, we will issue a refund for the product. All equipment must be returned complete and in its original packaging and in an “as new condition” With the exception of goods delivered incorrectly or that are faulty on arrival, the cost of return carriage is your responsibility

Calling credit and Services. Cummins PC Help bills its VoIP services one month in advance. No refunds will be given on cancellation for prepaid calling credits, or any of our monthly services.

Dormant Accounts

Any calling credit and any other assets left on an account that has been dormant for longer than 6 months will be deleted and is not refundable.

Call Recording

Please note that calls to Cummins PC Help may be recorded to help us in dispute resolution and for training purposes.

Cancellation Of VoIP Service

Cummins PC Help’s VoIP services can be cancelled at anytime but must be done by the customer calling our offices at the numbers listed below. After cancellation, Cummins PC Help services will continue until the expiry of the balance of the 30 day billing period. Part month refunds are not given.

Porting Numbers Away From Cummins PC Help

We will only accept porting instructions from the individual named on the Cummins PC Help account.

In the event of a dispute over the customer’s right to port, the original name on the account will be taken as ownership and the customer may be asked for proof of identity before any porting request is accepted.

Arbitration Agreement

If you are a Cummins PC Help customer in the United States (including its possessions and territories), you and Cummins PC Help agree that any dispute, claim or controversy arising out of or relating in any way to the Cummins PC Help service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Cummins PC Help are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Cummins PC Help membership.

If you elect to seek arbitration or file a small claim court action, you must first send to Cummins PC Help, by certified mail, a written Notice of your claim (“Notice”). The Notice to Cummins PC Help must be addressed to our headquarters listed below (“Notice Address”). If Cummins PC Help initiates arbitration, it will send a written Notice to the email address used for your service account. A Notice, whether sent by you or by Cummins PC Help, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Cummins PC Help and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cummins PC Help may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Cummins PC Help receives notice at the Notice Address that you have commenced arbitration, Cummins PC Help will not reimburse you for your payment of the filing fee. You will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Cummins PC Help and you agree otherwise, any arbitration hearings will take place in the county of Cummins PC Help headquarters.

YOU AND CUMMINS PC HELP AGREE THAT EACH 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. Further, unless both you and Cummins PC Help agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive 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.

e911 Terms & Conditions

Definitions:

911: Emergency call service typically used for delivering emergency calls to a public safety access point.

PSAP: Public Safety Answering Point

VoIP: Voice over IP

e911 Terms & Conditions

Due to FCC rulings and regulations, all customers who are using Cummins PC Help VoIP services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this, you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Enhanced 911 service is not available to every location within the United States at this time. For locations where e911 is not currently available, you will be required to announce the location of your emergency to the PSAP dispatcher.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations and therefore are not held liable. Cummins PC Help will do everything within their power to prevent service outages within its network.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions, you the customer, agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $85 surcharge per 911 call.

By using Cummins PC Help Enhanced 911 service, Customer agrees that Cummins PC Help, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Cummins PC Help is not held liable for emergency calls failing, even if it is determined that it is the fault of Cummins PC Help or its associates. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Cummins PC Help 911 service of our limitations and will only permit use of the Cummins PC Help service by persons who agree to not hold Cummins PC Help or Customer liable.

Customer will be charged a regulatory recovery fee of $2.00 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $85 surcharge per 911 call.

Dispute Resolution & Contact Information

In the event of a dispute between Cummins PC Help and the Customer, the Customer should contact Cummins PC Help directly. Full company details are shown below.

Cummins PC Help
142 Kellie Ln
Auburn, CA 95603
United States of America

Telephone: +1 (530) 745-6688

Fax: +1 (530) 653-1933

Cummins PC Help Service Guarantee

1. Work is guaranteed for 15 days after date of service. This genuinely ensures all problems are solved concerning the flawless performance of a program or process. There will be no monetary refund of work performed. If the written quotation for service is not performed to a customer’s standards, we will continue to work to make it right in the agreed upon amount. Verbal quotations or service expectations are not binding. A customer is welcome to request written quotation of work to be performed at any time.

2. The guarantee is void if significant changes to an operating system or network were made after the service call. Significant changes include, but are not limited to:

  • Installation or removal of new hardware (printers, network, video, or sound cards)
  • Installation or removal of new devices on network (routers, modems, PCs, printers)
  • Installation or removal of software programs

All invoice terms are NET 30. Failure to pay within 30 days of invoice date will result in an automatic 7% late fee compounded every 30 days. We accept Paypal, Visa, Mastercard, AMEX, Discover, checks, and cash for your convenience.

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