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TERMS AND CONDITIONS OF DYNASKY HOME PHONE SERVICE

This agreement ("Agreement") is between Vertex Telecom, Inc. ("DynaSky") and an end user ("you," or "Customer") of DynaSky's communications services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services ("DynaSky Home Phone Service"). All Services are governed by the terms and conditions of this Agreement.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.

The rates and charges for the Service, which may be found at www.damai.tv, are effective as of August 15, 2015 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.damai.tv. 

Term

Service is offered on a monthly basis beginning on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides DynaSky notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below.

Emergency Services - 911 Dialing

The safety and security of customers is of the utmost importance to DynaSky. DynaSky is happy to announce that it now offers 911 Emergency Dialing Services to its customers. However, DynaSky's Emergency Dialing Services are VoIP based services, and therefore, are subject to certain limitations and outage factors that are different from traditional 911 accesses. It is important that you read, understand and inform all residents and guests of these important limitations.

CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES. WHERE AVAILABLE, DYNASKY SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, DYNASKY SERVICES INCLUDE EMERGENCY DIALING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS. THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER. DYNASKY ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE DYNASKY EMERGENCY DIALING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 DIALING.

IMPORTANT EMERGENCY DIALING LIMITATIONS: Customer understands and acknowledges that the DynaSky emergency dialing feature cannot be used in conjunction with a DynaSky "Virtual Telephone Number". A DynaSky Virtual Telephone Number is assigned to each customer. The number always includes an area code of 588. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will not function to access emergency services. All customers must purchase a Public Switched Telephone Network (PSTN) traditional telephone number from DynaSky in order to access DynaSky Emergency Services. Customer further acknowledges that DynaSky Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.

REGISTRATION OF PHYSICAL LOCATION REQUIRED: For each PSTN phone number that you use for the Services, you must provide the physical location where you will be using the Service. IF YOU FAIL TO PROVIDE A PHYSICAL ADDRESS TO DYNASKY, YOU WILL NOT BE ABLE TO UTILIZE 911 SERVICES AND YOU AGREE TO WAIVE ANY CLAIM OF LIABILTIY AGAINST DYNASKY. When you move the Equipment (Equipment refers to the DynaSky Adapter sent to you by DynaSky), you must register your new physical location with DynaSky. All 911 calls are directed to emergency responders based upon the address you register with DynaSky. If you move the Equipment and do not register the new physical location, emergency responders will be dispatched to your previous physical address.

SERVICE OUTAGES; BROADBAND OUTAGES; CONGESTION; AND SERVICE INTERRUPTION: DynaSky emergency dialing services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the DynaSky Service, including the emergency dialing service will function properly. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent the Service, including the DynaSky emergency dialing service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 dialing over traditional public telephone networks. In the event that your DynaSky account is suspended or terminated for any reason, your DynaSky Service, including DynaSky emergency dialing service will not function.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION: DynaSky does not control how 911 calls are answered or handled by any local emergency response center. DynaSky disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. DynaSky relies entirely upon third parties to route 911 calls to local and national emergency response centers. DynaSky disclaims any and all liability or responsibility in the event such third party data used to route the call is incorrect or produces an erroneous result. Neither DynaSky nor its office , directors or employees may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arising from or related to the Services unless such claims arose from DynaSky's gross negligence, recklessness or willful misconduct. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless DynaSky, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating to the absence, failure or outage of the Service, including the DynaSky emergency dialing service or access to emergency service personnel.

CANCELLATION OR TERMINATION OF SERVICE:If you cancel your DynaSky Service or, if DynaSky terminates your DynaSky Service for any reason, you will no longer have access to 911 Emergency Dialing Services.

UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE:You hereby acknowledge your understanding of the limitations of the DynaSky emergency dialing services described above. In the event that you are not completely comfortable with the limitations of the Service, including the DynaSky emergency dialing service, you should immediately take action to acquire an alternative means to access 911 services or you should immediately terminate the Services.

Incompatibility with Other Devices

You acknowledge that DynaSky Service may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against DynaSky for interference with or disruption of these services and equipment, as well as any claim that DynaSky is responsible for any disruption of your business, if applicable.

While DynaSky Service may work with a home alarm system, DynaSky does not recommend it. If for any reason you lose broadband connectivity due to a power outage or problem with your Internet provider, DynaSky Services will not work and your alarm system will not be able to make an emergency call. For this reason, DynaSky recommends you keep a basic landline dedicated to your home alarm system and use DynaSky Services for your other calling needs.

Equipment and Devices

To provide Services, DynaSky may provide equipment or IP devices to Customer ("Equipment"). All shipments are F.O.B. DynaSky's facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of DynaSky. DynaSky reserves the right to terminate Customer's service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus Early Termination and Deactivation Fee.You agree and acknowledge that you will use the Equipment provided to you by and from DynaSky. DynaSky reserves the right to suspend and cancel your service where you failed to use the Equipment provided by DynaSky.

Money Back Guarantee - Trial Period - Cancellation Policy

DynaSky offers a thirty (30) day trial period ("Trial Period") to new Customers for their first DynaSky account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for DynaSky Service or the date Customer places the first call on the DynaSky Service. If Customer is not satisfied with the Service, Customer may terminate the DynaSky Service at any time during the Trial Period and obtain a refund of the monthly service fees or activations charges if applicable. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, state or federal taxes charged to Customer If customer does not send the DynaSky Home Phone Adapter to DynaSky Cancellation Department within 7 days after calling to terminate service, or if DynaSky does not receive return packages within 15 days after cancellation date a Deactivation Fee at amount of $59.95 will apply. To obtain a Trial Period refund, Customer must: (a) Call DynaSky within thirty (30) days of the Activation Date at 1-888-681-4588 and obtain an Equipment return authorization and return address from DynaSky's customer care department, and (b) Mail the Equipment to DynaSky within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If DynaSky does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, the Deactivation Fee of $59.95 will not be refunded to Customer. Upon receipt of the Equipment by DynaSky, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer's credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are satisfied.

Service - Usage

DynaSky Reasonable Residential Use Policy

DynaSky has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all DynaSky residential services.

Reasonable Residential Use

Customer acknowledges that he or she has purchased residential services and features under one of DynaSky's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that DynaSky's residential service is intended for use by Customer and his or her immediate family. If your Plan allows you to extend the service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be use under the Plan and subject to DynaSky's Reasonable Residential Use Policy.

Impermissible Use(s)

Each of the following is considered to be outside normal residential use:  

  • use by or for others who are not members of Customer's immediate family residing in Customer's home
  • business use of any type, including home office businesses
  • operating a customer care, support or call center
  • resale to others
  • auto-dialing or fax/voice blasts
  • telemarketing
  • all other non residential uses

Over 95% of DynaSky's residential unlimited calling plan customers use less than 3,000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer's aggregate usage may be considered outside of normal use if it exceeds 3,000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive: 

  • unique numbers called;
  • call lengths;
  • call forwarding/transferring;
  • conference calling;
  • short duration calls;
  • number of calls made during a month,
  • number of calls made to a conference calling service during a month;
  • number of calls made during business hours;
  • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
  • other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy

Based on such a combination, DynaSky may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service ("DynaSky's Rights").

DynaSky may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer's calling patterns during more than one month reflect excessive:

  • unique numbers called;
  • call lengths;
  • frequency of call forwarding/transferring;
  • conference calling;
  • short duration calls;
  • number of calls made during a month;
  • number of calls made to a conference calling service during a month;
  • calls made during business hours;
  • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
  • other calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy

Based on these factors, DynaSky may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps including but not limited to suspend or terminate your service to enforce this Reasonable Residential Use Policy.

For Lawful and Appropriate Purposes Only

You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. This section and DynaSky's enforcement provisions shall apply to all DynaSky Plans, including, without limitation, the DynaSky Small Business Plan.

DynaSky's Enforcement of its Policies

DynaSky reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. DynaSky may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by DynaSky, in its sole discretion, to be outside of its Reasonable Residential Use Policy, DynaSky reserves the right to transfer the customer's account to an appropriate business Plan, charge more appropriate rates for actual usage or to suspend or terminate service with or without notice. If any customer's use is determined to be unlawful, DynaSky will immediately suspend or terminate the service with or without notice. DynaSky will notify all proper authorities of any illegal use of DynaSky's service and will cooperate with all such authorities regarding investigation and prosecution. DynaSky hereby reserves all of its legal rights.

Changes

DynaSky reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to DynaSky's websites.

Billing, Charges and Payment

Credit Card Payment. Upon purchase, Customer must provide DynaSky a valid credit card number from an accepted issuer (see DynaSky's website for accepted issuers). Customer authorizes DynaSky to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify DynaSky of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Invoicing. DynaSky will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month's Service. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 dollars. DynaSky reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month's monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to DynaSky's systems ("Activation").

Toll Charges. All calls to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not a DynaSky Customer will be charged at the then current international rates published on DynaSky's website. The duration of each call will be calculated in one minute increments.

Telephone Numbers. Any telephone number provided to Customer by DynaSky shall be leased and not sold. Customer may not use such number with any other devise other than the Equipment with the express prior written consent of DynaSky. DynaSky reserves the right to change, cancel or move the number in its sole discretion. The availability of all China DID numbers is subject to and dependent upon the network facilities and regulatory environment in China. DynaSky cannot guarantee connection to any China DID from all cities and regions in China. DynaSky further cannot guarantee uninterrupted service on China DIDs.

Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, DynaSky may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.

Automatic Renewal of Global Annual Plans. On or about the Anniversary Date of any Global Annual Plan the plan will be automatically renewed for an additional one year term by charging Customers credit card of record, unless not less than thirty (30) days prior to the Anniversary Date, Customer provides DynaSky notice of Customer's desire to cancel service or change to a different calling plan or payment plan.

Applicable Regulatory Fees, Taxes, Surcharges, System Access Charges, Customer Equipment Maintenance/ Management Charges, and Intellectual Property/Legal Compliance Fees. Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, emergency dialing charges, taxes, surcharges and other compliance fees on your DynaSky Home Phone Service. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges, taxes and access fees for services that DynaSky is required to pay in order to enable your access to global public telecommunications networks. DynaSky may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your DynaSky Home Phone monthly service charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for DynaSky Home Phone Service. Such charges are in addition to your DynaSky Home Phone Service charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by DynaSky to offset applicable costs associated with your subscription for DynaSky Home Phone Service. No such fees or charges shall be included in any refund under this Agreement. No portion of fees paid by DynaSky to the US Federal Universal Service Fund is included in any amounts charged to customers as described in this paragraph.

Credits. Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.

Promotions. DynaSky may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.

Termination of Service

DynaSky reserves the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by DynaSky in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs, unbilled charges and Early Termination and Deactivation Fees as set forth in below (See Early Termination and Deactivation Fees) and all such charges shall be immediately due and payable.

Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. Early Termination and Deactivation Fees may apply to termination as set forth in below (See Early Termination and Deactivation Fees).

Early Termination and Deactivation Fee

For contract plans, if Customer terminates the Service within contract term after the Activation Date and after expiration of the Trial Period, DynaSky shall charge an Early Termination Fee to Customer's credit card in the amount of $99.00. All Customers that terminate the DynaSky Service will be charged on their credit card a Deactivation Fee in the amount of $59.95. The Deactivation Fee will be waived if you return your Equipment to DynaSky as follows: (a) Call DynaSky at 1-888-681-4588 to obtain an Equipment return authorization from DynaSky's customer care department, and (b) Mail the Equipment to DynaSky within seven (7) days after calling to terminate the service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Send equipment to our Return Department at 980 Corporate Center Dr., Pomona, CA 91768 USA. Equipment returned to our local offices will not be processed. If DynaSky does not receive the returned Equipment within fifteen (15) days after the termination date, the Deactivation Fee will be charged.

If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping DynaSky service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the Order Date. If you terminate your service before that period of time expires, you will be invoiced for the amount equals to the promotion or benefits you enjoyed.

Charges for Changes in Plans

DynaSky will charge Customer's credit card a Plan Change Fee in the amount of $29.95 if Customer chooses to change Plan from any plan with a Monthly Fee of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month.

Changes to the Agreement, Services or Plan

DynaSky reserves the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on DynaSky's website thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due and an early termination fee, if applicable. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. DynaSky may reduce its prices for Services or Plans without prior notice to Customer.

Technical Support

DynaSky provides technical support for Services and Equipment described in this Agreement during its normal business hours.

Limitation of Liability, Warranty and Indemnification

DISCLAIMER OF DAMGAES. DYNASKY SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.

DYNASKY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. DYNASKY HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY DYNASKY.

Liability. DynaSky will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute, DynaSky's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. DynaSky will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with service or equipment that DynaSky does not provide.

Indemnification. Customer hereby agrees to indemnify and hold harmless DynaSky and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.

Governing Law and Dispute Resolution

Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of California 

Mandatory and Binding Arbitration. All claims or disputes between Customer and DynaSky arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyright

All software utilized or provided by DynaSky in connection with the Services or Equipment shall be and at all times remain sole property of DynaSky and are protected by copyright laws and international treaties.

Force Majeure

DynaSky shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.

Assignment

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. DynaSky may assign this Agreement at in time and in its sole discretion.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between DynaSky and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Updated: August 15, 2015

Copyright Vertex Telecom, Inc. 2015

 

TERMS AND CONDITIONS OF DAMAI CHINESE TV SERVICE

This agreement ("Agreement") is between Vertex Telecom, Inc. (Damai) and an end user ("you," or "Customer) of Damai IPTV products and services in North America, including any connection device or equipment related to such service (“Damai Chinese TV” or "Service"). All Services are governed by the terms and conditions of this Agreement.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.

The rates and charges for the Service, which may be found at www.Damai.tv, are effective as of August 15, 2015 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at http://www.Damai.tv.  

Term

Service is offered on a monthly or an annual basis beginning on the date Customer activates service and continues for the duration of term described in the Service Plan selected by Customer. The Service is automatically renewed for the same Plan and Term unless Customer provides Damai Chinese TV or its Agent notification of intent to terminate the Service prior to the end of a service month for a monthly Plan or not less than thirty (30) days prior to anniversary date of an annual Plan.

Authorized User, Use and Responsibility

Customer acknowledges that he or she has legal authority to enter into this Agreement and affirms that the information Customer supplies are accurate and complete. Customer understands that Damai Chinese TV and its Agent rely on the information Customer supplies and that incorrect information may cause provisioning or delivery delays or suspension or termination of Service. Neither Damai Chinese TV nor its Agent shall be responsible for such delays, suspension or termination. Customer agrees to promptly notify Damai Chinese TV or its Agent of any change in Customer's billing or personal information.

Equipment – Deposit - Repair 

To provide Services, Damai Chinese TV or its Agent will provide a Set-Top Box and related equipment required to receive the Service ("Equipment"). All shipments of Equipment are F.O.B. Damai Chinese TV's shipping facilities. Customer agrees to pay Shipping and Handling Fees for Equipment shipped to Customer.

For customers in the United States, Damai Chinese TV: 

You shall be the owner of the Equipment when it is shipped from Damai Chinese TV's facility, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped to you until the time (if applicable) that it is returned by you and accepted by DynaSky. There is no equipment deposit when subscribing for Services. Damai Chinese TV will charge all Customers a Deactivation Fee in the amount of $69.95 when Customer disconnects the Service for any reason or Damai Chinese TV terminates the Service under the terms of this Agreement. If Customer returns the Equipment to Damai Chinese TV and the Equipment is accepted by Damai Chinese TV, the Deactivation Fee will be waived by Damai Chinese TV. Damai Chinese TV or its Agent will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of Damai Chinese TV or its Agent. Customer is responsible to acquire at his or her sole expense all other equipment, devices, circuits, bandwidth, cable or wireless services or other devices or systems required by Customer to receive the Services. Damai Chinese TV or its Agent reserve the right to terminate Customer's service if you tamper with the Equipment and you will be responsible for all charges in the then current service period plus an Early Termination Fee and Deactivation Fees. Damai Chinese TV will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer shall pay Shipping and Handling fees for all shipping related to equipment and accessories. 

Money Back Guarantee - Trial Period - Cancellation Policy

Damai Chinese TV offers a thirty (30) day trial period ("Trial Period") to new Customers for their first Damai Chinese TV account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for Damai Chinese TV. If Customer is not satisfied with the Service, Customer may terminate the Damai Chinese TV Service at any time during the Trial Period and obtain a refund of the monthly service fees or activations charges if applicable. If customer does not send the Damai Chinese TV box to Damai Cancellation Department within 7 days after calling to terminate service, or if Damai does not receive return packages within 15 days after cancellation date a Deactivation Fee at amount of $69.95 will apply. To obtain a Trial Period refund, Customer must: (a) Call Damai Chinese TV within thirty (30) days of the Activation Date at 1-888-681-4588 and obtain an Equipment return authorization and return address from Damai Chinese TV's customer care department, and (b) Mail the Equipment to Damai within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If Damai does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer; the Deactivation Fee of $69.95 will not be refunded to Customer.

Service - Usage 

Customer acknowledges that he or she has purchased Service under the plan selected by Customer ("Plan") for Customer's normal, personal, residential, non-business and non-professional use. Damai Chinese TV and its Agent reserve the right to immediately terminate Customer's Service, if Damai Chinese TV or its Agent determines, in its sole discretion, that Customer is using the Service for purposes other than normal residential purposes. Customer agrees to use the Service and Equipment only for lawful purposes. Customer agrees not to use the Services for any communication of any kind which in Damai Chinese TV or its Agent's sole discretion would constitute a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law. Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of Damai Chinese TV or its Agent, which consent may be withheld in Damai Chinese TV or its Agent's sole discretion.

Billing, Charges and Payment

Credit Card Payment. Upon purchase, Customer must provide Damai Chinese TV or its Agent a valid credit card number from an accepted issuer. Customer authorizes Damai Chinese TV or its Agent to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify Damai Chinese TV or its Agent of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Activation Fee. After subscription for the Service, Customer will be charged an Activation fee on the Credit Card.

Invoicing. Damai Chinese TV or its Agent will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include monthly/annual service fees, other usage fees, shipping/handling charges, applicable fees, surcharges, system access fees, and all other applicable charges. Such charges are in addition to your Damai Chinese TV service charges and will be billed to your account according to the plan or payment method you have selected. No such fees or charges shall be included in any refund under this Agreement. 

All additional Services ordered by Customer will be charged on the Credit Card at the end of each of each service month. Billing for monthly/annual Service fees and other applicable charges commences upon purchase of Services, and the first month's monthly Service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to Damai Chinese TV's systems ("Activation").

Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, Damai Chinese TV or its Agent may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement. 

Automatic Renewal. Monthly Service Plans are automatically renewed for the same Plan at the then prevailing subscription fee for an additional month unless Customer provides notice of cancellation prior to the end of any Service month. On or about the anniversary date of any annual Service Plan the plan will be automatically renewed for an additional one year term at the then prevailing annual Plan subscription fee by charging Customers Credit card of record, unless not less than thirty (30) days prior to the anniversary date, Customer provides Damai Chinese TV or its Agent notice of Customer's desire to cancel service or change to a different Service Plan or payment plan. 

Taxes. Prices, fees surcharges and rates for Service and Equipment do not include customs duties, regulatory recovery fees, governmental surcharges, sales, use, value added, excise, federal, state, local, public utility or other similar regulatory and governmental fees and taxes. All such fees and taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. No such fees or taxes shall be included in any refund to Customer under the Agreement.

Credits. Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.

Promotions. Damai Chinese TV or its Agent may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.

Termination of Service

Damai Chinese TV and its Agent reserve the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by Damai Chinese TV or its Agent, for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination and a Deactivation Fee. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs and Deactivation Fees. All such charges shall be immediately due and payable. 

Charges for Changes in Plans

Damai Chinese TV or its Agent will charge Customer's Credit Card a Plan Change Fee if Customer chooses to change Plan from any Plan with a Monthly Fee lower than the former Plan or the change from an Annual Plan to a Monthly Plan.

Changes to the Agreement, Services or Plan

Damai Chinese TV and its Agent reserve the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on www.Damai.tv thirty (30) days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. Damai Chinese TV or its Agent may reduce its prices for Services or Plans without prior notice to Customer.


Cancellation – Recovery of Discounts - Early Termination Fee

– Deactivation Fee

Customer may cancel the Service at any time. All outstanding charges and fees shall be immediately payable upon cancellation. Neither Damai Chinese TV nor its Agent will prorate or refund any remaining monthly or annual subscription fees upon cancellation prior to the end of any Plan term. If a Customer cancels the Service prior to the end of any contract period, Damai Chinese TV or its Agent will charge Customer's credit card in an amount to recover any promotional discounts, fee waivers or any other charges which were discounted or waiver as a condition of Customer's use of the Service. If a Customer cancels prior to the end of any contract period, an "Early Termination Fee" in the amount of $99 will be charged to Customer's credit card. If Customer terminates Service at the end of Plan Term, a Deactivation Fee in the Amount of $69.95 will be charged. If Customer returns the Equipment in good working order within 15 days after cancellation or termination, Damai Chinese TV will waiver the Deactivation Fee.

Technical Support – Disruption of Service

Damai Chinese TV or its Agent will provide technical support for Services and Equipment described in this Agreement during its normal business hours. In no event will Damai Chinese TV or its Agent be liable for any failure or interruption of Service resulting in part or entirely from circumstances beyond its reasonable control.

Programming – Disclaimer

Customer acknowledges that Damai Chinese TV may be required to make reasonable modification to programming or the Service to comply with regulations, laws or production requirements beyond its control. Neither Damai Chinese TV nor its Agent assumes any liability for any program or information distributed over the systems unless locally produced by Damai Chinese TV. Neither Damai Chinese TV nor it Agent shall be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Service, unless the product, merchandise or prize is provided directly by Damai Chinese TV or its Agent.

Limitation of Liability, Warranty and Indemnification 

DISCLAIMER OF DAMGAES. NEITHER DAMAI CHINESE TV NOR ITS AGENT SHALL, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT. 

NEITHER DAMAI CHINESE TV NOR ITS AGENT MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. NEITHER DAMAI CHINESE TV NOR ITS AGENT HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY DAMAI CHINESE TV OR ITS AGENT. 

NEITHER DAMAI CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY FAILURE OF PERFORMANCE DUE TO ANY CAUSES BEYOND ITS CONTROL OR FOR ANY POWER OUTAGE, INTERNET INTERRUPTION, EQUIPMENT FAILURE, DELAY IN INSTALLATION, ACTIVATION OR COMMENCEMENT OF SERVICE. WITH RESPECT TO ANY OTHER LEGAL CLAIM OR DISPUTE, THE LIABILITY OF DAMAI CHINESE TV OR ITS AGENT SHALL BE LIMITED TO THE LESSER OF ACTUAL DAMAGES OR ONE THOUSAND DOLLARS $1,000. NEITHER DAMAI CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY ACT OR OMISSION BY ANY OTHER PERSON OR ENTITY FURNISHING SERVICES OR PRODUCTS RELATED TO THE SERVICES OR EQUIPMENT OR FOR DAMAGES ASSOCIATED WITH SERVICE OR EQUIPMENT NOT PROVIDED BY DAMAI CHINESE TV OR ITS AGENT.

Indemnification. Customer hereby agrees to indemnify and hold harmless Damai Chinese TV, its Agent and their respective officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability related in any way to Customer's use of Services or Equipment arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service. 

Governing Law and Dispute Resolution

Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the California, United States.

Mandatory and Binding Arbitration. All claims or disputes between Customer and Damai Chinese TV or its Agent arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The National Arbitration Rules shall apply to all disputes. The arbitration shall be conducted in Texas, United States in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyrights

All software utilized or provided by Damai Chinese TV or its Agent in connection with the Services or Equipment shall be and at all times remain sole property of Damai Chinese TV or its Agent and is protected by copyright laws and international treaties. 

NOTIFICATION OF COPYRIGHT INFRINGEMENT 

Damai Chinese TV respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Damai Chinese TV will respond expeditiously to claims of copyright infringement committed using Damai Chinese TV service that are reported to legal@vertextelecom.com.

If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Damai Chinese TV service, website or applications (any and all of the foregoing the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to Damai Chinese TV as specified below. Upon receipt of Notice as described below, Damai Chinese TV will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service.  

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or –if multiple copyrighted works are covered by this Notice,- you may provide a representative list of the copyrighted works that you claim have been infringed.
  1. Identify the material you claim is infringing (or to be the subject of infringing activity) that is to be removed or access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found.
  1. Provide your mailing address, telephone number, and, if available, email address.  
  1. Include both of the following statements in the body of the notice:" I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information In this Notice is accurate and ,under penalty of perjury ,that I am the owner , or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed to legal@vertextelecom.com 

Legal Department,980 Corporate Center Dr. Pomona, CA 91768 TEL: (213) 996-1998

Force Majeure 

Neither Damai Chinese TV nor its Agent shall be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control. 

Assignment 

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. Damai Chinese TV or its Agent may assign this Agreement at in time and in its sole discretion. 

Entire Agreement

This Agreement constitutes the entire understanding and agreement between Damai Chinese TV and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Updated: August 15, 2015

Copyright Vertex Telecom, Inc. 2015

 

 

 

 

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