Customer Service Agreement
This Customer Service Agreement (the “Agreement”) sets forth the terms and conditions associated with your use of the Cebod Technologies LLC Services. “You” and “your” mean the customer of the Services defined below, and “Cebod Technologies LLC. DIDforSale., www.didforsale.com, “we,” “our,” and “us” mean Cebod Technologies LLC and any affiliates involved in providing you with the Services.
By enrolling in, using or paying for the Services, you accept and agree to the terms and conditions set forth in this Agreement. Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance.
“Services” means the national and international telecommunications services provided by Cebod Technologies LLC as listed on the Website. The Services covered in this Agreement may not be available in all locations.
“Website” means the DIDForSale Internet site at www.didforsale.com
ARTICLE 1: DEFINITIONS/SERVICE OFFERINGS
1.1 The following terms shall have the following meanings for the purpose of this Agreement:
(a) Affiliate. “Affiliate” shall mean, with respect to either Party, any other party which controls, is controlled by, or is under common control with such Party. For purposes hereof, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any such party whether through the ownership of voting securities, by contract, or otherwise.
(b) Agreement. “Agreement” shall mean this Customer Services Agreement, including any schedules, appendices, Exhibits, Tariffs, and documents attached hereto and made a part hereof, or incorporated herein by reference as well as any written amendments to this Agreement which have been signed by the authorized representatives of the Parties.
(c) Customer. “Customer” shall mean a carrier or service provider to whom Customer will provide telecommunications and/or related services using, in part, Services provided by Cebod Technologies LLC to Customer.
(d) Emergency Maintenance. “Emergency Maintenance” shall mean maintenance which, if not accomplished promptly by DIDForSale, could result in a serious degradation or loss of Service to the Customer or the End User or damage to DIDForSale’s Network or its customers.
(e) End User. “End User” shall mean any person or entity that receives or uses DIDForSale Service, irrespective of whether such person or entity is authorized by the Customer to receive or use Service. “End User” shall also mean any person or entity which Customer provides telecommunications and/or related services using, in part, the Services provided by DIDForSale to Customer under this Agreement.
(f) Exhibit. “Exhibit” shall mean an attachment to this Agreement for a particular Service, including any schedules or attachments thereto, which contains the product description, pricing, and terms and conditions associated with that specific Service.
(g) Planned Service Outage. “Planned Service Outage” shall mean any Service Outage caused by scheduled maintenance or planned enhancements or upgrades to the DIDForSale Network as described in the applicable Service exhibits.
(h) Point of Presence (POP). “Point of Presence” or “POP” shall mean a specific location within a Local Access Transport Area (LATA) where service terminates and/or originates.
(i) Premises. “Premises” shall mean the address to which Service is provided or delivered, identified as a Point of Termination or Service Location on the Service Order.
(j) Service. “Service” shall mean DIDForSale provided telecommunications service, as further described in the applicable Exhibit and as specifically identified on the Service Order.
(k) Service Reguest Date. The “Service Request Date” is the date requested by Customer for in service as indicated on the Service Order.
(l) Start of Service Date. The “Start of Service Date” for a Service shall be the later of (i) the Service Request Date, (ii) the date DIDForSale notifies Customer that the Service is installed or connected, successfully tested and available for Customer use, or (iii) the date after Circuit testing and acceptance has been successfully completed per the relevant Service Exhibit, where applicable, regardless of whether Customer agrees to accept or uses the Service. Notwithstanding the above, the Start of Service Date shall never be later than the date Customer begins to use the Service. Billing for a Service will begin on the Start of Service Date unless Customer fails to permit DIDForSale to begin testing on a Service within five (5) days of the Service Request Date, in which case billing will begin on the Service Request Date.
1.2 Resale of Services.
(a) Customer hereby acknowledges and agrees that it is the customer of record for all Services purchased from Cebod Technologies LLC. If Customer resells Cebod Technologies LLC Service or incorporates Cebod Technologies LLC Service into services sold by Customer to its End Users, Customer understands and agrees that it is solely responsible for interfacing with its Customers or End Users with respect to its service offerings including, without limitation, order provisioning, billing, collection, billing adjustments/credits, tax collection and payment, customer service and dispute resolution. DIDForSale shall have no responsibility whatsoever to interact with Customer’s End Users, nor shall DIDForSale incur any liability to Customer’s End Users for its performance under this Agreement. Customer is responsible for payment for all charges for Service furnished to Customer, its Customer and/or the End Users by DIDForSale pursuant to the payment terms set forth in the Agreement. This responsibility is not changed by virtue of any (i) use, misuse, fraud, or abuse by Customer, its employees, its Customers, the End Users or other members of the public of the Services provided to Customer or Customer provided systems, equipment, facilities, or services interconnected to such Services, or (ii) inability to collect payments or charges from Customer’s End Users, Affiliates, agents, brokers or re sellers. Further, DIDForSale will not issue credits for fraudulent calls passed to DIDForSale by Customer, its Customers or the End Users.
(b) Customer shall be responsible for (i) applying and enforcing all applicable provisions in this Agreement to its Customers and End Users, and (ii) any liability arising from a violation of a Customer obligation under this Agreement by Customer’s End User. If DIDForSale discontinues providing Service to Customer for any reason, Customer shall be solely responsible for furnishing any required notice to its affected Customers or End Users.