SPARK I/T SERVICES DBA SPARK SERVICES - TERMS OF SERVICE

This agreement ("Agreement") is between SPARK I/T Services, doing business as SPARK Services ("Company"), with its principal place of business at 105 N York Street, Muskogee, OK 74403, and the individual or entity ("Customer") who accepts this Agreement.

1. SERVICES

Company provides Voice over Internet Protocol ("VoIP") and related services ("Services") to Customer pursuant to these terms and conditions.

2. TERM

This Agreement begins upon acceptance and continues month-to-month until terminated by either party according to the termination policies stated below.

3. PAYMENTS

Customer agrees to pay for Services as indicated on the Company's website or as quoted in writing by Company.

4. CANCELLATION POLICY

Customer may cancel Services at any time by providing written notice to Company at least ninety (90) days in advance. Notice of cancellation must be submitted to [email protected]. No prorated refunds or credits will be issued for partial months.

5. LIMITATIONS AND RESPONSIBILITIES

Customer is responsible for obtaining and maintaining all equipment and services needed for access to and use of the Services. Company is not responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such equipment or services.

6. SECURITY AND UNAUTHORIZED USE

Customer is responsible for all use of the Services associated with the credentials assigned to them, including use by hackers or any other unauthorized personnel. Customer agrees to secure all credentials and equipment used for the Services, and to notify Company immediately upon becoming aware of any unauthorized use of the Services or any other breach of security. Customer agrees to be fully liable for all charges incurred due to fraudulent or unauthorized use of their Services. In no event will Company be liable for unauthorized or fraudulent uses of the Services.

7. INTERNATIONAL CALLING

International calling services are available to the Customer and are billed separately on a "one-off" invoice, which will be issued monthly in addition to the Customer's regular invoice for Services. Rates for international calls will be as published on the Company's website or as provided to the Customer in writing.

8. COMPLIANCE WITH LAW ENFORCEMENT

SPARK Services will fully cooperate with all lawful requests from governmental or law enforcement agencies for call logs, wiretaps, voice recordings or other information related to the Customer's use of the Services. Compliance may be without notice to the Customer if the request is accompanied by a federal or local subpoena, warrant, court order, or similar legal document that prohibits such notice.

9. E911 SERVICES AND RESPONSIBILITIES

Customer acknowledges and agrees that E911 service ("Emergency Services") may be made available as part of the Services. The Customer is responsible for providing accurate and up-to-date information for Emergency Services. Any fees incurred from incorrect information or misuse of the Emergency Services will be borne by the Customer. Customer also acknowledges and agrees that any misconfigured Emergency Services calls will be billed at $95 per incident or call. The Customer is expressly prohibited from making any test calls to 911 during the system setup. The use of Emergency Services should not be initiated until after the final port date of all numbers and when the system is deemed "live".

10. LETTER OF AUTHORIZATION AND PORTING

By submitting a Letter of Authorization ("LOA") to SPARK Services, the Customer grants SPARK Services a limited power of attorney to perform any actions necessary for the purpose of obtaining and porting the Customer's telephone numbers from the current provider ("losing carrier") to SPARK Services. This includes, but is not limited to, calling the losing carrier on the Customer's behalf, and submitting, re-submitting, signing, or re-signing paperwork or agreements on the Customer's behalf. This limited power of attorney is given with the understanding that SPARK Services will act in the Customer's best interest and solely for the purpose of porting the Customer's telephone numbers.

11. 3CX CALL RECORDINGS

While SPARK Services endeavors to retain and safeguard all customer recordings generated through 3CX, the responsibility for the long-term storage and backup of these recordings ultimately rests with the Customer. The Customer is advised and encouraged to offload these recordings to their own private cloud, AWS S3, SFTP, or other off-site storage solutions. 3CX provides built-in tools to facilitate the offloading of these recordings, and the Customer is strongly recommended to utilize these tools. In the event that any recordings are lost, deleted, compromised, hacked, or misplaced for any reason, SPARK Services shall be held harmless and will not bear any liability regarding such recordings.

12. LIMITATION OF LIABILITY FOR EXTERNAL EVENTS

SPARK Services shall not be held liable or responsible for any disruptions, outages, or impairments in the Services arising from upstream carrier issues, Distributed Denial-of-Service (DDoS) attacks, acts of terrorism targeting American infrastructure, or natural disasters, including but not limited to tornadoes, earthquakes, hurricanes, floods, or any other external events beyond the direct control of SPARK Services.

13. WARRANTY DISCLAIMER

Company makes no warranties, express or implied, with respect to the Services.

14. LIMITATION OF LIABILITY

In no event will Company be liable for any indirect, incidental, special, punitive, or consequential damages, or for any loss of profits, revenue, data, or data use, even if advised of the possibility of such damages.

15. INDEMNIFICATION

Customer will indemnify and hold harmless Company from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of the Services, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.

16. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of laws rules. Any legal action or proceeding relating to this Agreement will be instituted in a state or federal court in Muskogee, Oklahoma.

17. ENTIRE AGREEMENT

This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein.

For any questions regarding this agreement, please contact us at (918) 608-8888.

*Last updated: August 15, 2023*

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Document name: SPARK VoIP Terms of Service 90 Day

Unique Document ID: 4de7ad3e6b16459d5f311f42aba5e39a86b17229

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Timestamp	Audit
August 9, 2023 1:33 am CDT	SPARK VoIP Terms of Service 90 Day Uploaded by Robert Allen - [email protected] IP 174.128.131.11
August 9, 2023 1:39 am CDT	Robert Allen - [email protected] added by Robert Allen - [email protected] as a CC'd Recipient Ip: 174.128.131.11
August 15, 2023 11:13 pm CDT	Robert Allen - [email protected] added by Robert Allen - [email protected] as a CC'd Recipient Ip: 174.128.131.11

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