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Smart Calling Service Agreement

Smart Calling Service Agreement – Updated On October 22nd 2024

1. Term & Acceptance

The term for this Agreement with Smart Calling is either month-to-month or as specified in your chosen service plan, starting from the Service Activation Date (the day your service is installed). The agreement continues until terminated by either you or Smart Calling under the terms stated.

Acceptance of this Agreement occurs in any of the following cases:

  • You accept it online during an order or registration, or by signing an order form.
  • You start using the service.
  • You keep the equipment or software provided by Smart Calling for more than 30 days after delivery.

If you change service plans, your term and monthly rate may adjust based on the new plan, but all other terms remain unless otherwise noted.

2. Agreement Details

This Agreement comprises the following elements:

  • The general terms in this document.
  • Specific details of your chosen service or bundled service plan, including its pricing, term, and any Early Termination Fees (ETF), as explained during your order confirmation.
  • Any additional terms outlined in order forms.

The complete and current version of this Agreement and related policies are available online. You may also request a paper copy by contacting Smart Calling Customer Service.

3. Key Definitions

  • Authentication: Verifying the identity of a valid subscriber with certainty.
  • Authorization: Granting permission for a subscriber to place calls via a VoIP network.
  • Customer Premises Equipment (CPE): Equipment at the customer’s site, like an IP telephone or conversion device, enabling access to Smart Calling’s network.
  • Bundled Service: A combined package of services, such as Broadband with telephone services, offered by Smart Calling.
  • Direct Inward Dial (DID): A number assigned to a client’s IP, enabling direct calls to the client.
  • Digital Subscriber Line (DSL): Data transmission technology provided over telephone lines.
  • End User: A customer serviced either by a third-party service provider or Smart Calling directly.
  • Incumbent Local Exchange Carrier (ILEC): The primary local telecom provider in an area.
  • Monthly Recurring Charge (MRC) and Non-Recurring Charge (NRC): Monthly ongoing or one-time setup fees.
  • Order Form: Documentation specifying services, equipment, and related fees.
  • Public Switched Telephone Network (PSTN): The global network for circuit-switched phone communications.
  • Session Initiation Protocol (SIP): Protocols for VoIP calls.

4. Services Provided

Smart Calling offers a range of services, including Broadband, VoIP, data connectivity, and colocation services as defined in your order form. These may be bundled or provided separately. Specific service details include:

  • Broadband Services: Internet connectivity provided by Smart Calling.
  • Protected & Unprotected Ethernet Services: Ethernet services offered with or without protection across metropolitan areas.
  • VoIP Services: Voice-over-IP channels providing two-way communication and unified communications for end-users.
  • Data T1: Data connectivity utilizing T1 lines.
  • Efax and Email Services: Electronic faxing and email messaging, along with security features.
  • Jnet Internet Filtering: Optional internet filtering add-on for additional security.
  • Static IP: IP address allocation according to industry standards.

5. Service Limitations

  • Availability: Service availability may vary based on location, network conditions, and equipment compatibility.
  • Service Quality: Quality and speed depend on network congestion, device configuration, and external factors beyond Smart Calling’s control.
  • Network Management: Smart Calling may manage network traffic to ensure reliability, including during maintenance.

6. Payment Terms

  • Fees: You agree to pay all applicable charges, including taxes, surcharges, and recurring and non-recurring fees as per your service plan.
  • Billing: Recurring charges are billed one month in advance, and usage charges are billed in arrears. Late fees may apply for overdue balances.
  • Refunds and Deposits: A refundable deposit may be required. Equipment fees may apply if equipment is not returned after termination.

7. Changes & Termination

  • Plan Adjustments: You or Smart Calling may change or terminate your service with 30 days’ notice.
  • Early Termination: If you terminate a term-based plan early, an Early Termination Fee (ETF) may apply. All customer data may be deleted immediately upon termination.

8. Customer Responsibilities

  • Data & Equipment Management: You are responsible for maintaining compatible equipment and regularly backing up data. Smart Calling is not responsible for lost data.
  • Compliance: Usage must follow Smart Calling’s Acceptable Use Policy and Privacy Policy, available online.

9. Limitation of Liability

  • As-Is Basis: Services are provided “as is.” Smart Calling is not liable for indirect damages, and any damages are limited to a credit for service fees from the previous six months.

10. Dispute Resolution

  • Arbitration: Disputes over $5,000 go to binding arbitration in New York; smaller claims may be handled in small claims court.
  • Costs: Each party covers its costs, and arbitration fees are split equally.

11. Notices

  • Notices should be sent to Smart Calling Customer Service at their Brooklyn, NY office or via the designated email. Notices from Smart Calling to you may be sent via email, mail, or posted online.

12. General Provisions

  • Governing Law: This Agreement is governed by New York law, and any disputes are subject to the courts in Kings County, New York.
  • Force Majeure: Smart Calling is not liable for delays or service failures due to circumstances beyond its control, such as natural disasters or regulatory changes.
  • Assignment: You may not transfer this agreement to another party without Smart Calling’s consent. Smart Calling may assign the agreement without notice.

Smart Calling Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) outlines proper and lawful usage of Smart Calling’s Internet services, network, equipment, and facilities (collectively, the “Services”). By using the Services, users agree to this AUP. Smart Calling may update the AUP at any time, and users are responsible for checking Smartly Built’s Website for changes. If a user disagrees with the AUP terms, they must discontinue use of the Services immediately.

1. Lawful Use

Smart Calling’s Services may only be used for lawful purposes. The following are prohibited:

  • Any data that violates copyright, trademark, or other intellectual property rights.
  • Obscene, defamatory, or illegal content, as well as any activity deemed harmful by Smart Calling.
  • Transmission of content that violates export control laws or is harmful to other users or networks.

When using other ISPs’ networks, users must also comply with their AUPs.

2. Network Security

Users are prohibited from violating security measures, which may result in civil and criminal penalties. Smart Calling will investigate suspected violations and may work with law enforcement. Examples of prohibited actions include:

  • Unauthorized access or monitoring of data, networks, or systems.
  • Disruptive activities such as denial of service attacks, flooding, and broadcast attacks.
  • Altering any Smart Calling-provided hardware, software, or configurations.
  • Excessive bandwidth usage beyond the allocated limit.
  • Unauthorized use of Smart Calling IP addresses.
  • Use of Services in embargoed countries, including Cuba, Iran, North Korea, Sudan, and Syria.

3. Electronic Mail/Usenet

Sending unsolicited emails or other unsolicited messages, including SPAM or promotional messages, is strictly prohibited. This includes all messages promoting products or services not explicitly requested by the recipient.

4. User Responsibility

Each user is responsible for the security of their devices connected to the Services. Recommended security measures include:

  • Installing and updating firewalls and antivirus software.
  • Regularly applying security patches.
  • Preventing the spread of viruses from user devices.

Resellers of Smart Calling’s Services must enforce this AUP among their users. Complaints regarding resellers’ users will be directed to the reseller for resolution. Failure by resellers to take corrective action may lead to termination of Services.

5. Liability Disclaimer

Smart Calling does not monitor or verify the accuracy of information on the Internet and is not responsible for any injury arising from unsuitable, offensive, or illegal content encountered by users. Smart Calling is not liable for content uploaded, transmitted, or downloaded by users, and users agree to indemnify Smart Calling from any liability arising from AUP violations.

6. Enforcement

While Smart Calling does not monitor content, it may block access to content violating the AUP or deemed unlawful or harmful. Violations may lead to:

  • Warnings, temporary suspensions, or service limitations.
  • Termination of Services if violations persist.

Smart Calling may cooperate with law enforcement and may disclose user information to comply with legal requirements, including investigations involving child pornography.

7. Complaint Process

To report illegal or abusive use or security concerns, email Support@smartlybuilt.com. For active security incidents, please contact Smart Calling’s Network Operations Center.

Smart Calling Website Terms of Use

These Website Terms of Use (“Terms of Use”) govern your access to and use of all content, features, and services on https://www.smartlybuilt.com (the “Website”), whether as a guest or a registered user. All references in these Terms to “Smart Calling,” “we,” “us,” or “our” refer to Smart Calling. By accessing or using the Website, you agree to be bound by these Terms. Smart Calling may modify the Terms at any time, and such modifications are effective immediately upon publication. If you do not agree, discontinue using the Website.

1. Account Registration

Certain features of the Website require account registration. Information you provide must be accurate, complete, and current. Smart Calling may collect both personal and non-personal information to enhance the Website experience. All information collected is managed per our Privacy and Security Statement. If a username, password, or other security credentials are issued, you are responsible for keeping them confidential and reporting any unauthorized access immediately.

2. Website Content

The Website and its entire contents are the property of Smart Calling and protected by intellectual property laws. You may use the Website for personal, non-commercial purposes only and must not reproduce, distribute, modify, or republish any material. Smart Calling makes no guarantees regarding the accuracy, completeness, or usefulness of any content and disclaims liability for any reliance placed on it.

Third-party links or content may appear on the Website. Using third-party websites is at your own risk and subject to their respective terms and privacy policies. Smart Calling assumes no responsibility for third-party content or websites and disclaims liability for any interaction with them.

3. User Contributions

Interactive services on the Website, such as forums, allow users to post content. All contributions must meet the specified Content Standards:

  • Must comply with applicable laws and not include defamatory, obscene, abusive, or otherwise objectionable content.
  • Cannot infringe on intellectual property rights or promote illegal activities.
  • Cannot impersonate others, mislead users, or include unauthorized advertising.

By posting, you grant Smart Calling a royalty-free, non-exclusive, worldwide license to use, display, and modify your contributions. You are solely responsible for your contributions and their legality.

4. Prohibited Uses

You may only use the Website for lawful purposes. You agree not to:

  • Violate any applicable laws or regulations.
  • Harm or exploit minors or distribute inappropriate content.
  • Transmit unauthorized advertisements or spam.
  • Impersonate others or interfere with others’ use of the Website.
  • Introduce malware, viruses, or attempt to gain unauthorized access.

5. Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SMART CALLING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEBSITE IS AT YOUR SOLE RISK.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART CALLING SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SMART CALLING’S MAXIMUM LIABILITY WILL NOT EXCEED $100 USD.

7. Indemnity

You agree to indemnify and hold harmless Smart Calling, its affiliates, and their employees, from any claims, damages, or costs arising from:

  • Your access or use of the Website.
  • Violations of these Terms.
  • Any third-party rights infringements.

8. Copyright Infringement Claims

For copyright concerns, contact Smart Calling’s designated agent at support@smartlybuilt.com or Smart Calling, 148 39th Street, Suite A12, Brooklyn, New York 11232. Notices must comply with DMCA requirements. Repeat infringers may have their accounts terminated.

9. Monitoring, Enforcement, and Termination

Smart Calling reserves the right to remove any User Contributions, disclose user identity in response to complaints, and take necessary legal action. Cooperation with law enforcement may occur if required, and Smart Calling assumes no liability for actions taken during investigations. We cannot monitor all user content and disclaim responsibility for material posted by others.

10. Miscellaneous

These Terms are governed by New York law. Disputes will be resolved in New York courts. The failure of Smart Calling to enforce any part of these Terms does not constitute a waiver. If any term is invalid, the remaining terms will remain in effect. These Terms represent the entire agreement between you and Smart Calling regarding use of the Website.

By using this Website, you agree to comply with these Terms of Use.