American Telephone & IT (AmTel) “Terms of Service” and Customer Agreement

Version dated 02-20-2025

Thank you for choosing American Telephone & IT, also referred to as AmTel in this TOS, for your telecommunications needs. Please be assured of our continued commitment to providing you with the best possible Business Class Voice Services and Products at the best possible price.

In this Customer Agreement, you will find important information outlining our services and policies, as well as your acknowledgment and acceptance of your responsibilities under these “Terms of Service.”

This is a legally binding contract between you and American Telephone & IT (AmTel). Here, you will find details on how disputes are resolved and what happens if you cancel a line of service early, fail to make payments on time, or do not return equipment and hardware provided to you.

How Do I Accept This Agreement?

By placing an order, providing a deposit, accepting any American Telephone & IT (AmTel) equipment, or by continuing to use our service, you initiate this contract. In doing so, you activate an account with us and agree to the terms and conditions outlined in this “Terms of Service” Agreement.

When you accept, you represent that you are at least 18 years old and legally capable of entering into this agreement. If you accept on behalf of an organization, you represent that you are authorized to bind that organization—in which case “you” refers to the organization. Any misrepresentation of your authority may hold you personally liable.

Billing

Billing is processed via credit card on an auto-pay basis. You must maintain an active and valid credit card on file with our system. Our billing cycle is monthly, with no term limits—meaning you may cancel our services at any time—except when you are enrolled in the Free Phone Option, which requires a three-year contract. You will be billed at the end of each month for the preceding month’s services, and service provided on the 1st of the month is billable for that month.

FREE PHONE OPTION

Our Free (Lease) Phone Option awards you with the ability to immediately have a modern phone system with advanced capabilities installed with no upfront investment. A perfect option for start ups and those seeking to modernize without the upfront cost of purchasing. Any and all wiring and/or additional hardware can also be incorporated into this plan.

This option provides you with the opportunity to lease the telephones, any additional hardware and the wiring cost (if necessary) included at one low monthly rate.

Equipment Warranty:
All leased phones are fully covered under our warranty. In the event of a normal hardware failure, a replacement phone will be provided at no additional cost. Purchased phones come standard with a one year warranty.

Contract Terms:
By electing the Free Phone Option, you agree to maintain your service with American Telephone & IT (AmTel) for the term of your lease. If you decide to cancel your service before the end of the lease term, you must either:

• Return the leased phones in good mechanical and cosmetic condition, or
• Purchase the phones at the current retail cost minus the total amount already paid towards the phones through your monthly lease payments.

In addition, early termination of this option will incur an additional fee equivalent to three (3) months of service charges.

Return Policy:
Return shipping costs for the leased equipment are your responsibility. If any equipment is returned damaged or not returned at all, you will be liable for the full retail replacement cost.

By opting into the Free Phone Option, you acknowledge and agree to the terms set forth in this section.

Deposits

No deposit is required for credit clients as long as the credit card on file remains current and active.

Non-credit (cash) clients will be required to provide a security deposit equal to one month’s service fee, which will be fully refunded once all provided equipment is returned in satisfactory condition.

Other Charges and Customer Responsibility

As the account holder, you are responsible for all calls made through your phone system or telephone service, including any misuse, toll charges, third-party service fees, and international calls. Be aware that some services, such as “free conference calling” companies, may advertise as free but actually incur toll charges, which can range from 5 cents per minute or more, depending on the provider’s rates. We strongly encourage you to verify with any third-party service provider about potential tolls or hidden charges before using their services.

Excessive Usage:

Our service is designed for normal usage, which is defined as 2,000 minutes or less of domestic calling per phone per month. This does not include any additional toll charges that may be imposed by third-party services.

High-volume users, such as telephone sales or telemarketing operations, are excluded from standard plans. If your usage exceeds normal levels, we offer customized plans tailored to heavy users, which will be reviewed and quoted on a case-by-case basis. You have the flexibility to upgrade or downgrade your service to accommodate higher or lower usage needs at any time.

E911 / FCC regulations and Fine

It is the responsibility of the end user, you to provide us with an accurate address of where you use our services. This requirement is mandated by law for E911 emergency and first responder services. The FCC has mandated severe fines and penalties for non compliance therefore we strongly urge you to provide us with accurate information as to the address, the building, floor, unit number or swimming pool designation if applicable. This will allow first responders to go straight to the exact location as a swimming pool for example saving precious time in an emergency response. We accept no responsibility for any incomplete, missing or inaccurate information in this regard and will forward any official inquiries to you the end user as you have been advised of the legality and the importance for this information being complete and accurate. If you move our services to another address you are responsible in informing us within 3 days in order for us to make this change to your E911 service.

International calling

International calling is available as an optional service, with rates varying by country. Calls to developed countries are typically more affordable and are charged at a flat rate of $20 per 300 minutes.

Disclaimer: Calls to underdeveloped countries and island nations may be more expensive due to poor telephone infrastructure and higher tariffs imposed by those countries. If your calling patterns frequently include destinations with higher tolls, your rate may be adjusted to a higher tier accordingly.

Late Payment

We understand that circumstances can arise, and we encourage you to reach out to us if you are unable to make your payment on time. Our goal is to maintain a mutually beneficial relationship with our clients, and we are always willing to work with you.

Payment Terms:
Payment is due upon receipt each month. If you are paying by credit card and a charge fails (e.g., due to an expired card or a closed account), you will be notified of the missed payment and given 21 days to resolve the issue).

For pre-approved clients with credit terms, payment is due on a NET 21 days basis.

Payments not made within the 21-day period are considered late. Late accounts will incur a 10% interest charge, compounded monthly. For example:

• A $200 balance will be assessed a $20 late fee in the first month.
• If unpaid, the $220 balance will incur a $22 late fee in the second month, and so on.

This interest/penalty will continue to accrue until the account is brought current or closed after full payment. Accounts that are suspended due to non-payment will still accumulate late fees until the balance is paid in full.

Service Suspension or Termination Due to Non Payment

Payment for services is due within 21 days of the invoice date (NET 21 Days). If an account becomes delinquent for more than 60 days, services may be suspended or terminated without prior notice. While we will make every effort to contact you and resolve the issue before taking action, this is not a guarantee or implied assurance.

If your services are suspended, a $50 reconnection fee per account, in addition to any accrued interest or late fees, will be charged. This reconnection fee must be paid upfront before services can be restored.

To avoid late fees and potential service interruptions, we strongly recommend maintaining a valid credit card on file at all times.

Late Payments and Collections Policy

If you are a Postpay customer and we do not receive your payment on time, a late fee will be charged as outlined in the Late Payment Policy.

If your account is not brought to good standing and current within 60 days of the invoice due date, we reserve the right to send your account to collections or a collection agency. In such cases, you will be responsible for any and all fees incurred by us in the collection process.

Additionally, if you wish to reactivate your services after being sent to collections, a reconnect fee will be required.

Credit Card Charge Backs

Credit card chargebacks come with significant fees, which we aim to avoid. If you encounter any issues with your billing or service, you agree to first contact us to work out a solution before initiating a credit card chargeback.

If you proceed with a chargeback without attempting to resolve the issue directly with us, you agree to reimburse all fees associated with the chargeback. These fees are charged by credit card companies and can be avoided by working with us to resolve any disputes.

We are committed to providing excellent customer service and resolving any issues promptly. By agreeing to this policy, you acknowledge that addressing concerns with us first is the proper course of action, helping to avoid unnecessary and costly credit card fees.

Charges Set by American Telephone & IT (AmTel)

You agree to pay all access, usage, and other charges incurred by you or users of your phone system. Additionally, you are responsible for all applicable local, state, and federal taxes and regulatory fees, including any new taxes or fees that may be imposed in the future.

Government Taxes, Fees, and Surcharges

You are responsible for paying all taxes, fees, and surcharges imposed by federal, state, and local governments. Please be aware that changes to these charges may occur without prior notice.

How and When Can I Dispute Charges?

You may dispute a charge within 30 days of the date the charge was incurred. To do so, you must contact us directly. If you wish to preserve your right to bring or participate in any legal action regarding the dispute, you must notify us in writing within the 30-day period. You can do this by writing to the customer service address listed on your bill or by emailing [email protected].

Important: If you do not provide written notice of the dispute within the 30-day period, you waive your right to dispute the charge or to bring or participate in any legal action regarding the dispute.

Privacy and Third-Party Services

American Telephone & IT (AmTel) does not collect or share your personal information with any third parties. Our relationship is strictly between you and us. However, through our interactions with you, we may gather information related to the quantity, technical configuration, type, destination, and usage of our telecommunications services.

We reserve the right to investigate your credit history at any time and may share relevant credit information with credit reporting agencies or other entities as necessary.

Please be aware that many services and applications accessible through your telecommunications system are provided by third parties. This includes international calling, which you have the option to block or restrict at no cost. Charges associated with third-party services will be billed to you, and American Telephone & IT (Amtel) is not responsible for any information, content, applications, or services accessed, downloaded, or used on your device from these third parties.

It is your responsibility to maintain appropriate virus protection and other Internet security measures when using third-party products or services.

Directory Information

American Telephone & IT (AmTel) will not publish your phone number in any directory or share it with third parties for directory listing purposes.

Litigation

American Telephone & IT (AmTel) is headquartered in Los Angeles, California. All legal disputes or litigation related to this agreement shall be resolved through arbitration in the Los Angeles area.

If you, the client, initiate legal action outside of the Los Angeles area, in violation of this agreement, you will be responsible for all legal fees, travel, and hospitality costs incurred by American Telephone & IT (Amtel) to defend against such actions in the foreign venue or jurisdiction you have selected.

Number Porting

You have the right to port (transfer) your phone number to another carrier, provided that:

• 1. Your account is current and in good standing. 2. You are not bound by a contract term, or you agree to pay any applicable early termination fees.

If you choose to port a number from American Telephone & IT (AmTel), it will be treated as a request to cancel service for that number. Once the porting process is completed, you will no longer be able to use our service for that number. However, you will still be responsible for all fees and charges as outlined in your agreement with us.

Account Management by Authorized Parties

You may authorize another person to manage your account. To do so, you must provide written authorization specifying the individual(s) you wish to designate. These authorized individuals will have the ability to make changes to your account, including adding new lines of service, purchasing new or additional devices, and extending contract terms. Any changes made by the authorized person will be considered as modifications to this agreement made by you. You may revoke or change this authorization at any time by notifying us in writing for proper record-keeping and documentation.

AmTel’s Rights to Limit, Suspend, or Terminate Service

AmTel reserves the right to limit, suspend, or terminate your Service or this Agreement without notice for any good cause, including but not limited to the following:

1. Your Actions:
   • (a) Breach of this Agreement.
   • (b) Reselling of Service.
   • (c) Using the Service for any illegal purpose, including violations of U.S. trade and economic sanctions.
   • (d) Installing or using regeneration equipment or similar mechanisms (e.g., repeaters) without our permission.
   • (e) Engaging in fraudulent activities, theft, or deception.
   • (f) For Postpay customers: Paying late more than twice within a 12-month period.
   • (g) Incurring charges exceeding your deposit, billing limit, or monthly access and usage charges.
   • (h) Providing unverifiable credit information.
   • (i) Inability to pay or declaring bankruptcy.
   • (j) Providing false statements or engaging in abuses as outlined in these “Terms of Service.”
2. Actions by You, Device Users, or Account Managers:
   • (a) Threatening, harassing, or using vulgar/inappropriate language toward our representatives or employees.
   • (b) Interfering with our operations.
   • (c) Engaging in spam or other abusive messaging or calling practices.
   • (d) Modifying your device from its manufacturer’s specifications.
   • (e) Using the Service in a way that negatively impacts our network or other customers.
3. Operational or Governmental Reasons:
   • AmTel may temporarily limit your Service for operational or governmental reasons as needed.
4. Discretionary Termination:
   AmTel reserves the right to terminate your services if it determines, at its sole discretion and following an investigation, that violations of these terms or call abuses have occurred. This determination will be made based on conflicts with our business model and policies.
   • While AmTel may provide you with an opportunity to correct the issue, this is not a guarantee or implied assurance.

Disclaimer of Warranties

American Telephone & IT (AmTel) makes no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, regarding:

• Your Service – We do not guarantee uninterrupted or error-free service.
• Your Telecommunication Device – We do not warrant that your device will work perfectly, remain compatible with network changes, or be free from the need for occasional upgrades or modifications.
• Applications Accessed Through Your Device – We do not guarantee the functionality or compatibility of any third-party applications, services, or software that you download or use on your device.

Important Notice:

• If you use third-party applications, services, or software (including voice applications), 911 or E-911 functionality may operate differently than services provided by us or may not work at all.
• If you add or modify our devices and it interferes with 911 calling, any and all legal and monetary penalties assessed by the government agencies levying these fees and fines will be solely your responsibility as the violator.
• We strongly advise reviewing all terms and conditions of any third-party products or services you choose to use, as we do not assume responsibility for their operation or impact on your Service.

Waivers and Limitations of Liability

To the fullest extent permitted by law, American Telephone & IT (AmTel) shall only be liable for direct damages, and you agree to limit any claims for damages or monetary relief to direct damages only. Under no circumstances will American Telephone & IT (AmTel) be responsible for any indirect, special, consequential, treble, or punitive damages, regardless of the theory of liability.

This limitation and waiver also apply to claims involving our suppliers, and you agree to indemnify American Telephone & IT (AmTel) for any claims arising from third parties. You acknowledge that American Telephone & IT (AmTel) is not responsible for any issues caused by your actions, third parties, or events beyond our control, including acts of God (force majeure events).

Furthermore, American Telephone & IT (AmTel) is not liable for:

• Missed or deleted voicemails or other messages.
• Loss or deletion of information resulting from any work performed on your device.

If your issue involves another carrier, you agree to accept any limitations of liability imposed by that carrier in its favor.

How Do I Resolve Disputes with American Telephone & IT (AmTel)?

We strive to make you a happy customer. However, if an issue arises, this section explains how disputes should be handled:

You and American Telephone & IT (AmTel) agree that all disputes will be resolved exclusively by arbitration in the Los Angeles area. Arbitration differs from court procedures in that it does not involve a judge or jury. However, an arbitrator can award the same damages and relief, and must honor the same terms as a court. If allowed by law, an arbitrator can also award attorney’s fees.

Here are the key points we both agree to:

1. Federal Arbitration Act: This agreement is governed by the Federal Arbitration Act. Any dispute arising from this agreement or the services you receive will be resolved by neutral arbitrators through either the American Arbitration Association (AAA) or Better Business Bureau (BBB). You can also address any issues with federal, state, or local government agencies, which may seek relief for you, if applicable by law. Arbitration Location: Unless you and American Telephone & IT (AmTel) agree otherwise, arbitration will take place in Los Angeles County. You can access procedures, rules, and fee information from the AAA (www.adr.org) or BBB (www.bbb.org). You may choose whether the arbitration is based only on documents submitted, or includes an in-person or phone hearing. No Class Arbitrations: This agreement does not allow class arbitrations even if the AAA or BBB rules would allow it. The arbitrator may only award relief to the individual party seeking it, and only to the extent necessary to address the individual claim. If the Class Action Prohibition Cannot Be Enforced: If for any reason the prohibition on class arbitrations cannot be enforced, the agreement to arbitrate will no longer apply. Court Proceedings: If for any reason a dispute is taken to court instead of arbitration, you and American Telephone & IT (Amtel) agree to waive your right to a jury trial. You unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim related to this agreement. In litigation, this paragraph can be used to show consent to a trial by the court.

About this Agreement

• Enforcement of Rights: If we do not enforce our rights under this agreement in one instance, it does not mean we forfeit our ability to enforce those rights in any other instance. Assignment of Agreement: You cannot assign this agreement or any of your rights or duties under it without our permission. However, we may assign this agreement or any debt you owe us without notifying you. Notices: If you are a Postpay customer, many of the notices we send you will appear on your monthly bill. For online billing, these notices will be deemed received when your online bill is available for viewing. For paper bills, notices are considered received 3 days after mailing. Other notices we send will be deemed received immediately if we email them to your primary email address or 3 days after mailing to your billing address. If you need to send notices to us, please send them to the customer service address on your latest bill or to [email protected]. Invalidity of Agreement Terms: If any part of this agreement, including anything regarding arbitration, is ruled invalid, that part may be removed from the agreement, and the rest will remain in effect. Entire Agreement: This agreement, along with the documents it incorporates, constitutes the entire agreement between us. You cannot rely on any other documents or statements made by sales or customer service representatives. You have no other rights regarding the service or this agreement. Third-Party Beneficiaries: This agreement is not for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. Governing Law: Unless stated otherwise, this agreement and any disputes are governed by the laws of the state corresponding to the area code of your phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.

Changes to This Agreement or Service

American Telephone & IT (AmTel) reserves the right to modify prices, terms of service, or any other aspect of this agreement at any time. If any changes are made, we will provide notice in advance, including written notification. Continued use of your service after the change takes effect will be considered acceptance of the revised terms.

Additional Disclosures

We regularly implement optimization and transcoding technologies in our network to transmit voice packets more efficiently. These techniques, including compression technologies and codecs, are industry standards that we use to maximize available network capacity and ensure the best possible service for the greatest number of users. However, please note that these methods are not under our direct control.