Updated on May 1, 2014
2.13 “Software” means any proprietary software (including any documentation relating to such software) owned by, licensed by, or which Broadtela has a right to sublicense under this Agreement, which software is either provided to Customer under this Agreement or is used in or used to provide the Services.
In the event the foregoing disconnection fees exceed the early termination charge otherwise applicable under paragraph (A) above, such disconnection fees shall automatically be charged in lieu of the early termination charge. Disconnection fees shall be invoiced to Customer when Customer notifies Broadtela of the cancellation of the Services. The Virtual Office Pro Softphone Edition and Virtual Office Solo plans are on month-to-month agreements and are not subject to the disconnection fee.
C. OVERAGE AND OTHER CHARGES. If the Terminated Term is the Initial Term, Broadtela will also charge Customer, and Customer will pay, any unpaid non-recurring charges waived at the beginning of the Initial Term. Broadtela reserves the right to charge overage fees when Customer exceeds the usage limits on applicable services, including, but not limited to, recording services on Virtual Meeting licenses and Virtual Office Pro extensions.
D. SERVICE DOWNGRADES. A Customer may not reduce the number of lines or seats, or the number of services, provided under a Service Plan during the Initial Term or any Renewal Term without Broadtela’s consent unless otherwise provided in the Agreement. Any reduction in the number of lines or seats under a Service Plan shall be treated as a termination of Service under this Section 10.7 with respect to those lines or seats. Any reduction or downgrading of Services shall be treated as a termination of Service under this Section 10.7 with respect to the applicable Services. Broadtela’s acceptance of any proposed reduction in lines, seats or services shall not release customer from its obligations to pay applicable fees and charges under this Section 10.7 unless Broadtela expressly agrees in writing to waive such fees and charges.
10.8. RATE CHANGES. Rates will not be increased during the Initial Term, with the exception of tax or fee changes and international toll calling rates. Otherwise, Broadtela may change the prices for the Services, toll charges, fees and taxes, from time to time. In the event of a change in prices or toll charges, Broadtela will post such changes to its website currently located at https://www.Broadtela.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates. The Service Fees effective upon any renewal of the Agreement shall be Broadtela’s then-current Service Fees for the applicable Services.
10.9. DISCOUNTS. From time to time in its sole discretion, Broadtela may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be provided to Broadtela upon purchase of the Services. Customer shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service. Promotions and/or discounts may not be used cumulatively or be used for services retroactively. Promotions may be changed at Broadtela’s sole discretion.
10.10. BILLING DISPUTES. Customer must dispute any charges for the Services in writing to Broadtela within thirty (30) days of the date of the charge by Broadtela. If Customer fails to provide a written statement disputing the charges within such time, Customer waives any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to: Billing Department, Broadtela, LLC. 1491 Polaris Parkway Ste 65, Columbus, OH 43240 -or- billing@Broadtela.com.
1 This term applies only to new Broadtela customers who place their initial Service Order after November 30, 2014.