PIONEER BROADBAND TELEPHONE SERVICE TERMS AND CONDITIONS
1. 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 Pioneer 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.
2. Emergency Services - 911 Dialing
The safety and security of customers is of the utmost importance to Pioneer. Pioneer is happy to announce that it now offers 911 Emergency Dialing Services to its customers. However, Pioneer'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, PIONEER SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, PIONEER 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. PIONEER 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 PIONEER EMERGENCY DIALING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 DIALING.
IMPORTANT EMERGENCY DIALING LIMITATIONS: Customer acknowledges that Pioneer Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION: Pioneer does not control how 911 calls are answered or handled by any local emergency response center. Pioneer disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. Pioneer relies entirely upon third parties to route 911 calls to local and national emergency response centers. Pioneer 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 Pioneer 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 Pioneer'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 Pioneer, 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 Pioneer emergency dialing service or access to emergency service personnel.
CANCELLATION OR TERMINATION OF SERVICE: If you cancel your Pioneer Service or, if Pioneer terminates your Pioneer Service for any reason, you will no longer have access to 911 Emergency Dialing Services.
3. Incompatibility with Other Devices
You acknowledge that Pioneer 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 Pioneer for interference with or disruption of these services and equipment, as well as any claim that Pioneer is responsible for any disruption of your business, if applicable.
While Pioneer Service may work with a home alarm system, Pioneer does not recommend it. Pioneer recommends you keep a basic landline dedicated to your home alarm system and use Pioneer Services for your other calling needs.
4. Money Back Guarantee - Trial Period - Cancellation Policy
Pioneer offers a thirty (30) day trial period ("Trial Period") to new Customers for their first Pioneer account. The Trial Period commences on the "Activation Date". If Customer is not satisfied with the Service, Customer may terminate the Pioneer Service at any time during the Trial Period and obtain a refund of the activation charges and monthly service fees. 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. To obtain a Trial Period refund, Customer must: (a) Call Pioneer within thirty (30) days of the Activation Date at 1-866-335-1254. 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. (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable. 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.
5. Service - Usage
Customer acknowledges that he or she has purchased residential services under one of Pioneer's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. Pioneer reserves the right to terminate service to any Customer who uses a residential plan primarily for business purposes.
Customer agrees to use the Service only for lawful purposes. Customer aggress not to use the Services for any communication of any kind which in Pioneer's sole discretion would constitute and 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 to any other person without the prior written consent of Pioneer, which consent may be withheld in Pioneer's sole discretion.
6. Billing, Charges and Payment
Credit Card Payment. Upon purchase, Customer must provide Pioneer a valid credit card number from an accepted issuer (see Pioneer's website for accepted issuers). Customer authorizes Pioneer to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify Pioneer of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
a. Invoicing. Pioneer will provide Customer with a monthly invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, monthly service fees, usage fees, 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 USD. Pioneer reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $24.00 USD. 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.
b. Toll Charges. All calls 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 an Pioneer Customer will be charged at the then current international rates published on Pioneer's website. The duration of each call will be calculated in one minute increments.
c. Telephone Numbers. Any telephone number provided to Customer by Pioneer shall be leased and not sold. Pioneer 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. Pioneer cannot guarantee connection to any China DID from all cities and regions in China. Pioneer further cannot guarantee uninterrupted service on China DIDs.
d. 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.
e. 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, Pioneer 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.
f. Applicable Regulatory Fees and Charges. Federal, state, municipal and local governments may access regulatory fees, emergency dialing charges, surcharges and taxes on your Pioneer service. These charges may be a flat fee or a percentage of your Pioneer charges and may change from time to time without notice. You are responsible for all such applicable fees and taxes now in force or enacted in the future, that arise from your subscription for Pioneer services. Such charges are in addition to your Pioneer 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.
g. Credits. Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.
h. Promotions. Pioneer 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.
7. Termination of Service
Pioneer 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 Pioneer 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 an Early Termination Fee as set forth in Section 8 below and all such charges shall be immediately due and payable.
Customer agrees to provide Pioneer thirty (30) days notice of Customers intent to terminate services. Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. An Early Termination Fee may apply to termination as set forth in Section 8 below.
8. Early Termination Fee
If Customer terminates the Service within twelve (12) months after the Activation Date and after expiration of the Trial Period, Pioneer shall charge an Early Termination Fee to Customer's credit card in the amount of sixty nine dollars and ninety nine cents ($69.99). The Early Termination Fee shall be waived after Customer utilizes the Service for twelve (12) consecutive months after Activation Date.
9. Changes to the Agreement, Services or Plan
Pioneer reserves the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on Pioneer'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. Pioneer may reduce its prices for Services or Plans without prior notice to Customer.
10. Technical Support
Pioneer provides technical support for Services described in this Agreement during its normal business hours.
11. Limitation of Liability, Warranty and Indemnification
DISCLAIMER OF DAMAGAS. PIONEER 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.
PIONEER 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 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. PIONEER 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 PIONEER.
12. Liability.
Pioneer 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, Pioneer's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. Pioneer 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 Pioneer does not provide.
13. Indemnification.
Customer hereby agrees to indemnify and hold harmless Pioneer 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.
14. Governing Law and Dispute Resolution
Governing Law. This Agreement shall be governed by the laws of the State of Maine 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 Texas.
Mandatory and Binding Arbitration. All claims or disputes between Customer and Pioneer 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 Houlton, Maine 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.
15. Force Majeure
Pioneer 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.
16. Assignment
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. Pioneer may assign this Agreement at in time and in its sole discretion.
17. Entire Agreement
This Agreement constitutes the entire understanding and agreement between Pioneer and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.
Updated: November 11, 2010
