Associations Companies Equipment LON Directory Professional menu
Left Header right
Menu Window
Featured
General Terms and Conditions


1. Parties: This Service Agreement ("Agreement") is made by and between the individual or Organization identified in this Agreement as Customer ("Customer") and 1800miti.Com, Inc. to provide Service (hereinafter defined) as specified in the Services section of this Agreement.

2. Service: 1800miti.Com will provide to the Customer, pursuant to this Agreement, access to the Network all services as specified in the Services section of this Agreement. Service is furnished on the condition that there will be no fraudulent use or abuse of Service. Any attempt by Customer to abuse or to fraudulently use Service may result in the immediate termination of Service. If Customer any problem with Service, Customer may call 1800miti.Com Customer Service Department as specified in the Services section of this Agreement.

3. Term of the Agreement, Termination Fee: The term of this Agreement begins on the date set next to Customer's signature. Depending on the plan selected by Customer, which plan will contractual commitment of one year, two years, or some other time period (the "Term"), agrees to continue Service under a plan for at least the prescribed period of time. If Customer fails continue Service for the entire Term, Customer agrees to pay a termination fee ("Termination Fee") not less than an amount equal to One Month of Service. At the end of the Term of this 1800miti.Com will continue to provide Service to Customer under this Agreement on a month-to-basis. At the end of the Term, Customer may cancel Service at any time without paying a fee. Customer will also be charged the Termination Fee if Customer is disconnected for nonpayment Customer's bill, or if Customer is disconnected due to any misuse or abuse of Service by Customer.

4. Rates and Charges: 1800miti.Com will charge Customer the rates and charges for Service as in the Services section of this Agreement separately provided to Customer. 1800miti.Com will also charge Customer for any Service requested beyond those services as specified in the Services section of Agreement. During the Term of this Agreement, 1800miti.Com reserves the right, upon thirty (30) notice to Customer, to change rates on, or discontinue its offering of, any feature. At the end of Term, or during any month-to-month period, 1800miti.Com reserves the right to change or discontinue rate plan upon thirty, (30) days notice to Customer.

5. Payment for Services: Customer shall be billed on a monthly basis. Customer shall pay for all Rates and Charges as set forth in Section 4 above, and any other charges incurred in with any additional services requested by Customer on an official Purchase Order. Customer shall all bills in full by the due date on the bill. Payment will be deemed made when received by 1800miti.Com, unless payment is by means of a check that is later dishonored. If Customer fails to pay the bill in full by the due date set forth on the bill, Customer will be liable for a late payment fee and for interest at the rate of 1.5% per month, or at a lower rate if required by State Law. Customer authorizes 1800miti.Com to refer its account, if past due, to attorneys and/or collection agencies for further action. If any collection action is taken, Customer agrees to reimburse 1800miti.Com for reasonable attorneys' fees, court costs, and any other costs and fees, including collection agency fees (up to 50% of balance due), undertaken to collect past due bills and/or Termination Fees. Customer must give 1800miti.Com notice of any disputes regarding charges appearing on Customer's bill within 120 days of the date of the disputed bill either in writing or by calling 1800miti.Com Customer Services Department, otherwise the charges will be deemed to be correct. No provision of this Agreement shall require the payment or collection of interest in excess of the maximum permitted by applicable law. If any hereby provided for is adjudicated to be unlawful, the provisions of this section shall govern and Customer, nor sureties, guarantors, successors, or assigns of Customer shall be obligated to pay any amount of interest, or any other sum paid for the use, forbearance, or detention of money, in excess of the lawful amount. If 1800miti.Com, Inc. receives, collects, or applies as interest any such sum, such amount as permitted by applicable law shall be applied as a payment and reduction of the amount due and owing to Carrier under this or any other agreement, and if said amount has been paid in full, any remaining excess money shall forthwith be paid to Customer.

6. Default: Customer is in default ("default") under this Agreement if; (a) Customer fails to pay the full amount billed to Customer under this Agreement, or any other agreement between Customer and, in accordance with the due date on each bill; (b) Customer cancels Service prior to the end of the Term of this Agreement; (c) Customer engages in any activity that constitutes illegal or unauthorized use of Service; or (d) Customer fails to comply with any other provision of this Agreement; (e) Customer's Service is disconnected for nonpayment; (f) Customer uses the Service in such a manner that it interferes with or adversely affects 1800miti.Com, Inc.'s service to any other customers. In the event of Default by Customer, 1800miti.Com may disconnect and/or discontinue the Service provided by 1800miti.Com. If Customer is disconnected, Customer may be required to pay a service deposit or reconnection fee to reconnect Service.

7. LIMITATION OF LIABILITY: 1800miti.Com, shall not be liable to customer for interruptions of service, loss of data, omissions or errors of third parties, equipment an/or software failures, acts of God, strikes, actions or other causes beyond 1800miti.Com's reasonable control. 1800miti.Com shall not be if changes in operations, procedures, or service require modification or alteration of customer's equipment and/or software or render such equipment and/or software obsolete. There shall be no, setoffs, or credits against the charges for service for downtime or interruption of service unless such period exceeds twenty-four (24) consecutive hours. 1800miti.Com shall provide customer with a credit allowance equal to the amount payable by the customer during the service interruption, provided customer promptly notified 1800miti.Com of the service interruption. 1800miti.Com shall give no credit for circumstances caused by the negligence or intentional acts or willful misconduct of customer. In no event shall 1800miti.Com be liable to customer for incidental, consequential or punitive damages, including but not limited to, lost profits, loss of use, or loss of business opportunity. 1800miti.Com shall not be liable for injury to customer, other persons, or property damage through the use of any equipment or software or service provided under this agreement. Furthermore, 1800miti.Com shall not be held Liable in event 1800miti.Com is mandated by Law and/or any Law Enforcement Agency to terminate any Customer's Service.

8. Customer Indemnity: Customer agrees to indemnify, hold harmless, and defend 1800miti.Com against any claims relating to customer's misuses of service or equipment under this agreement. Customer agrees to reimburse 1800miti.Com for any and all costs and reasonable attorney's fees incurred by 1800miti.Com in defending any claims relating to customer's misuse of service or equipment.

9. Disclaimer of Warranties: 1800miti.Com is not the manufacturer of any equipment or software or ancillary products sold or rented under the agreement. 1800miti.Com makes no warranty regarding equipment or software, and no person is authorized to make any such warranties on 1800miti.Com, Inc. 's behalf. 1800miti.Com makes no warranties, either express or implied, regarding the service, features, or products sold or rented under this agreement, and expressly disclaims warranties of fitness for a for a particular purpose or use, warranties of merchantability, warranties against interference, and any other warranty implied by law. No statement regarding equipment should be interpreted as a warranty.

10. Regulation, Governing Law, and Severability: 1800miti.Com reserves the right to make changes to this Agreement and to the provision of Service under this Agreement that are necessary to comply with statutes, rules or regulations governing the provision the Service. This Agreement shall be interpreted under the laws of the State in which Service is provided. If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

11. Transfer of Agreement, Assignment: Customer may not transfer or assign this Agreement, either in whole or in part, unless so authorized in writing by 1800miti.Com. 1800miti.Com may assign this Agreement all of its rights and duties under this Agreement.

12. Entire Agreement: The terms and conditions set forth in this agreement represent the entire agreement between the parties with respect to service, and this agreement supersedes any prior or contemporaneous representations of sales representatives or other personnel of 1800miti.Com whether or written. No change to the terms or conditions of this agreement has been authorized, and no such change will be valid or enforceable unless confirmed in writing by an officer of 1800miti.Com. I have read the General Terms and Conditions herein: