DAIS Contract Terms

DAIS agrees to provide service and customer agrees to receive and pay for those services set forth in this service agreement. This agreement has been signed by an individual authorized to legally bind and obligate the customer to pay for all products and services specified on this agreement.

1.1 Initial Term. Service is provided for 36 months or 60 months. The initial Term begins on the date that you install the Service (the “Commencement Date”). You are purchasing the Service for the full length of the applicable Term. This means that if you terminate Service prior to the end of the current Term, you will be responsible for the full Term’s charges as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, and any applicable disconnection fee. In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.

1.2. Renewal. The Term for all Service plans will convert to a month to month term at the same monthly rate when lease term expires.

1.3 Termination. We reserve the right, to modify, suspend, or terminate the service including without limitation, for default or failure to pay any sum due hereunder, for suspected fraud or other activity, for your termination of the service prior to the end of the then current term, and/or for any other breach of this Agreement. In the event of a default, you shall pay DAIS all Default Charges within fifteen (15) calendar days of your receipt of a bill for such charges, and shall reimburse DAIS for all reasonable attorney, court, collection and other fees and costs incurred by DAIS in the enforcement of its rights hereunder.

1.4 Lease and Service Agreements. Customer understands all equipment for the term of this contract will be included in a separate lease agreement unless stated otherwise in terms on page one. In addition, all monthly service will be invoiced separately by Intelecom (DAIS’ Data Center). Customer will adhere to all terms and conditions of both the lease and service agreements. All agreements should total up to amounts on this contract.

1.5 E911. Customer must notify DAIS in writing in the event any telephone is re-located to another physical address. Customer acknowledges and understands that 911 calls may not function properly if DAIS is not notified of a phone being relocated to an address different than originally installed.

1.6 Broadband Service and Data Network. Customer acknowledges and understands that service outages or interruptions by your broadband provider will prevent all service, including 911 dialing, from operating. Each phone requires 26K of synchronous internet access provided by customer. Customer understands that DAIS  is integrating telecommunications equipment on their local data network, and that unless Customer chooses to have DAIS maintain their network Customer is responsible for the data network and its functionality. Customer understands that the sale is final and no refunds will be given.

1.7 Prohibited Uses. Customer agrees to use the Service and Equipment only for lawful purposes and not to use them for transmitting or receiving any communication, content or material of any kind which is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, including where the transmission, receipt and/or possession of such communication or material would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

DAIS reserves the right to terminate your Service immediately and without advance notice if you have violated the above restrictions.

1.8 Phone Numbers. Telephone numbers provided to Customer by DAIS, including numbers Customer port to DAIS to be used in connection with the Service (each, a “Number”) are leased and not sold. Upon any termination or expiration of Service, and upon receipt of written request from you, DAIS, shall release any telephone numbers that were issued by DAIS, or ported into DAIS by you and used in connection with your  Service, to your new service provider, if such new service provider is able to accept such number, and provided your account has been active and in financial good standing for at least thirty (30) days and remains as such until the port is complete.

1.9 Limitation of Liability and Indemnification. You acknowledge and understand that our liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service  personnel, as set forth in this Agreement. Customer agrees to defend, indemnify, and hold harmless DAIS, and its affiliates, together with their respective members, owners, officers, directors, managers, employees, attorneys, agents, contractors, vendors and representatives from any and all claims, losses, damages, fines, penalties, costs, liabilities and expenses (including, without limitation, reasonable attorney fees and costs, including costs on appeal) incurred or suffered by any of such DAIS indemnities relating to any failure, outage, and/or degradation in quality or functionality of the service, including those related to 911 and/or e911 dialing or service.

1.10 Governing Law. This contract shall be construed in accordance with and governed by the laws of the state of California.