Big Bear Telephone & Technology “Terms of Service” and Customer Agreement
Version dated 03-23-2016
Thank you for choosing Big Bear Telephone & Technology for your telecommunications needs. Please be assured of our continued commitment to providing you, our client, with the best possible Business Class Voice Services and Products for the best possible price.
In this Customer Agreement, you will find important information spelling out our services and our policies as well as your acknowledgement and acceptance of your responsibilities herein to these “Terms of Service.”
This is a Legally binding contract between yourself and Big Bear Telephone & Technology. Here you will find how disputes are resolved and find information about what happens if you cancel a line of Service early, don't pay on time or fail to return equipment and hardware forwarded to you.
How Do I Accept This Agreement?
By placing an order, deposit or by accepting any Big Bear Telephone & Technology equipment this contract shall be initiated. In doing so you are activating an account with us and that you accept our terms and conditions under this “Terms of Service” Agreement.
When you accept, you are representing that you are at least 18 years old and are legally able to accept an agreement. If you're accepting for an organization, you are representing that you are authorized to bind that organization, and where the context requires, "you" means the organization. Falsification here in your stated authority for an organization can hold you personally liable.
Billing
Your account with us is month to month with NO contract term limits. Your account is billed monthly for services provided from the first day of the month to the last day of the month. Your payment is due on the first of the month every month for the preceding month of telephone service. For example, you will be billed on the 1st of January for the month of January. Billing will occur at the moment you activate your account with us. Toll free charges will be billed at the end of the month after incurring such charges.
Your responsibility
You are responsible for the safety and well being of all hardware and/or equipment that you accept from VA Communications. All lost, stolen, physically damaged or non returned hardware will be assessed a replacement cost at full retail value. $299 for executive level phones, $199 for Mid level phones and $129 for basic phones.
It is recommended you include your phone system in your renters or property insurance as with your other property in order to cover this hardware in case of fire, flood or theft.
All normal failures are covered 100% free (you just pay shipping).
Deposits
All credit clients will have no deposit required as long as their credit card on file is current and active.
All cash (non credit clients) will be assessed one months of service in advance as a security deposit. This deposit will be returned in full once all of the forwarded equipment has been satisfactorily returned.
Other Charges and Customer Responsibility
As with all telephone services the account holder is responsible for all calls made on their phone system and or telephone service including all abuses, toll charges, service charges by third parties and International calls. Please be aware that some services, for example “free conference calling” companies claim to be free when in fact they are not free. These companies will charge you back via a Toll on your service at rates anywhere from 5 cents per minute and more as each service provider sets their own rates. We urge our clients to be diligent in confirming with any such third party service providers they wish to use to ensure that their will not be any additional toll or other hidden charges with their service.
Excessive Usage:
Service is provided and assumed for normal usage where normal usage is defined as 2000 minutes or less of domestic calling per phone per month. This does not include any additional toll charges that may be assessed to you by any third parties services that charge an additional toll to use their service.
Heavy telephone users such as telephone sales and telemarketing are excluded. Heavy telephone use service is available and will be reviewed for a custom quote on a case by case basis. Your services can be upgraded or downgraded to higher or lower usage plans at any time.
International calling
International calling Is available as an option. Calling rates vary by country to country. Calls to developed countries are less expensive and typically cost $10 per 300 minutes and charged on a flat rate basis. Undeveloped countries and island nations typically cost more due to poor telephone infrastructure and higher tariffs placed by those countries themselves.
Late payment
Please note that you can always contact us with any concerns you may have if you are unable to make your payment on time, we are always happy to work with our clients as our goal is to have a mutually beneficial relationship with our clients.
Payment is due on the 1st of the month each and every month. Credit card paying clients may experience a failed charge due to a change in the credit card themselves, the closing of a credit card account or the expiration of a credit card on file. In this case you the client on file will be notified of such a missed payment and you will be given 21 days to correct the issue.
Credit terms for pre-approved clients are on a NET 21 days basis.
Late payments are payments not made on time as specified above and will be assessed a 10% interest charge of the total amount due each and every month. For example a $200 balance will be assessed a $20 late fee. Your account will incur this interest until your account with us is brought up to current or is suspended due to lack of payment.
Service Suspension or Termination Due to Non Payment
Services can be suspended and or terminated without prior warning anytime after 30 days of account delinquency. We will make every attempt to correct the issue with you before doing so but this is not an assurance or an implied assurance.
If services are suspended a $10 per phone reconnect fee will be issued to the account to be paid upfront before services will be restored.
In order to avoid late fees and possible service interruption it is recommended that you place a credit card on file for billing purposes.
We Reserve the Right to Terminate and contract and Service
Big Bear Telephone & Technology reserves the right to cancel any of the services it provides you due to false statements and or abuses per the “terms of service” agreement.listed herein these "Terms of Service" Big Bear Telephone & Technology reserves the right to terminate any of the services it provides to you if it is determined by us and us alone that violations of this term of service or call abuses are being committed. Big Bear Telephone & Technology reserves the right to solely make this determination and it will do so after investigating any issues of concern to our business model and policies. Big Bear Telephone & Technology may give you the client the opportunity to correct the issue but again this is not an assurance nor an implied assurance. Other reason for termination of services include rude, vulgar and or insulting language which is considered abusive to our customer service agents and employees.
My Privacy
We do not collect or share any of your personal information with any other parties, our relationship is strictly between the two of us. We may gather some information through our relationship with you, such as information about the quantity, technical configuration, type, destination and your usage of our telecommunications services. We may investigate your credit history at any time and share credit information about you with credit reporting agencies and or others.
Many services and applications offered through your telecommunication system may be provided by third parties. Some of these services and applications which includes international calling, which you may block or restrict at no cost, may involve charges for which you will be billed. Big Bear Telephone & Technology is not responsible for any third–party information, content, applications or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third–party products or services.
Litigation
Big Bear Telephone & Technology is headquartered in Los Angeles and therefore we reserves the right to handle all litigation issues and or small claims in the Los Angeles area Arbitration or court system. Any legal action filed by you client outside of the Los Angeles area and contrary to this agreement will constitute a violation of this agreement and you will be held liable to all legal fees incurred by us to defend ourselves as such.
Can I Take My Phone Number to Another Carrier?
Yes, you may be able to take, or "port," your phone number to another carrier as long as you are current on your account, are not bound to a contract term currently or agree to pay any early termination fees if applicable. If you port a number from us, we'll treat it as though you asked us to cancel your Service for that number. After the porting is completed, you won't be able to use our service for that number, but you'll remain responsible for all fees and charges per your agreement with us. If you port a number to us, please be aware that we may not be able to provide some services right away, such as 911 location services.
Directory Information
We will not publish your phone number in any available directory or give it to anyone for that purpose.
Can I Have Someone Else Manage My Post pay Account?
No problem – just tell us by phone, in person, or in writing. You can appoint someone to manage your Post pay account for a single transaction, or until you tell us otherwise. The person you appoint will be able to make changes to your account, including adding new lines of Service, buying new or additional devices, and extending your contract term. Any changes that person makes will be treated as modifications to this agreement.
Can Big Bear Telephone & Technology Change This Agreement or My Service?
We may change prices or any other term of your Service or this agreement at any time, but we'll provide notice first, including written notice if you have Post pay Service. If you use your Service after the change takes effect, that means you are accepting the change.
What Charges Are Set by Big Bear Telephone & Technology?
You agree to pay all access, usage and other charges that you or users of your phone system incur. For Post pay Service, our charges currently only include Federal Universal Service Fund and it is possible that regulatory and other fees can be imposed in the future.
Government Taxes, Fees and Surcharges
You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
How and When Can I Dispute Charges?
You can dispute a charge within 30 days of the date the disputed charge was incurred. YOU MUST CONTACT US TO DISPUTE CHARGES ON YOUR BILL OR ANY SERVICE(S) FOR WHICH YOU WERE BILLED, BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LEGAL ACTION REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL OR SEND AN EMAIL to This email address is being protected from spambots. You need JavaScript enabled to view it. WITHIN THE 30–DAY PERIOD MENTIONED ABOVE. IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 30-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES(S) AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION REGARDING ANY SUCH DISPUTE.
About My Payments
If you're a Postpay customer and we don't get your payment on time, we will charge you a late fee per the late payment policy listed above.
If you do not bring your account to good standing and current within 60 days of due date for invoices we reserve the right to default your account to collections or a collection agency to collect from you, and you are duly informed that you will be responsible for any and all fees the collection agency charges us to collect on your debt to us. You will also have to pay a reconnect fee to activate Services with us.
What Are Big Bear Telephone & Technology Rights to Limit or End Service or End this Agreement?
We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, if you're a Post pay customer, (f) pay late more than twice in any 12 months; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access and charges (even if we haven't yet billed the charges); (h) provide credit information we can't verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your device from its manufacturer's specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
Disclaimer of Warranties
We make 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, about your Service, your telecommunication device, or any applications you access through your device. We do not warrant that your device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network-related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E–911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third-party products.
Waivers and Limitations of Liability
You and Big Bear Telephone & Technology both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren't responsible for problems caused by you or others, or by any act of God. You also agree we aren't liable for missed or deleted voice mails or other messages, or for any information that gets lost or deleted if we work on your device. If another carrier is involved in any problem you also agree to any limitations of liability in it's favor that it imposes.
How Do I Resolve Disputes with Big Bear Telephone & Technology?
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND BIG BEAR TELEPHONE & TECHNOLOGY BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT IN THE LOS ANGELES AREA. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT RESULTS FROM THIS AGREEMENT OR FROM THE SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
(2) UNLESS YOU AND BIG BEAR TELEPHONE & TECHNOLOGY AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN LOS ANGELES COUNTY. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG). YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(5) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(6) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND BIG BEAR TELEPHONE & TECHNOLOGY AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND BIG BEAR TELEPHONE & TECHNOLOGY UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
About this Agreement
If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. 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. If you're a Postpay customer, please note that many notices we send to you will show up as messages on your monthly bill. If you have online billing, those notices will be deemed received by you when your online bill is available for viewing. If you get a paper bill, those notices will be deemed received by you 3 days after we mail the bill to you. If we send other notices to you, they will be considered received immediately if we email you at your primary email address on your account with us, or after 3 days if we mail them 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 This email address is being protected from spambots. You need JavaScript enabled to view it..
If any part of this agreement, including anything regarding the arbitration process, is ruled invalid, that part may be removed from this agreement.
This agreement and the documents it incorporates form the entire agreement between us. You can't rely on any other documents, or on what's said by any sales or customer service representatives, and you have no other rights regarding Service or this agreement. This agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we've agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by the laws of the state encompassing the area code of your phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.
Additional Disclosures
We regularly implement optimization and transcoding technologies in our network to transmit voice packets in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques compression technologies and codecs are industry standards that we do not have control over.