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 billing@sparkservices.net. 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 EMERGENCY SERVICES, CUSTOMER TESTING, AND LOCATION RESPONSIBILITIES
Customer acknowledges and agrees that Enhanced 911 ("E911") and other emergency calling services ("Emergency Services") may be provided as part of the Services. Customer further acknowledges that Voice over Internet Protocol ("VoIP") emergency calling differs from traditional wireline 911 service and may be unavailable, delayed, impaired, or incorrectly routed under certain circumstances, including, without limitation, loss of electrical power, Internet or network outages, equipment failure, relocation of telephones or other equipment, configuration changes, use of unregistered or improperly registered devices or telephone numbers, or inaccurate or outdated emergency-service location information.
9.1 Customer Responsibility for Emergency Location Information.
Customer is responsible for providing SPARK Services with complete, accurate, and current emergency-service information for each applicable service location, including the street address and any suite, floor, building, room, or other information reasonably necessary to identify the dispatchable location of the caller. Customer must promptly notify SPARK Services of any move, relocation, addition, deletion, network change, telephone-system change, or other circumstance that may affect E911 routing or location information.
Any fees or charges incurred as a result of inaccurate, incomplete, outdated, or otherwise incorrect information supplied or maintained by Customer may be charged to Customer.
9.2 Required Monthly 933 Testing.
Customer is required to test its VoIP emergency-calling configuration at least once every thirty (30) days by dialing 933 from the Customer's 3CX telephone system at each applicable service location.
Customer must also perform a 933 test following any relocation, configuration change, Internet-provider change, network change, telephone-system modification, number-porting event, replacement or relocation of equipment, or other change that could reasonably affect emergency calling.
During each 933 test, Customer must listen to the automated response and verify that the telephone number and emergency-service location information reported by the service are consistent with the Customer's expected emergency location.
The 933 service is a testing and validation service and is not a substitute for an actual 911 call and does not guarantee that a future 911 call will successfully complete, route to the intended Public Safety Answering Point ("PSAP"), or display all expected information.
9.3 Duty to Report Test Failures or Incorrect Information.
If a 933 test fails to complete, reports an incorrect telephone number or location, indicates that emergency service is not provisioned, produces an error, or otherwise produces an unexpected result, Customer must promptly notify SPARK Services through an authorized support channel.
Customer should discontinue reliance upon the affected VoIP service for emergency calling and maintain an alternative means of contacting emergency services until SPARK Services confirms that the reported issue has been investigated or corrected.
Customer shall not assume that SPARK Services is aware of a failed test, incorrect address, equipment relocation, configuration change, or other condition unless Customer has reported the condition to SPARK Services.
9.4 Customer Failure to Test or Report.
Customer acknowledges that the monthly testing and reporting obligations stated above are material safety responsibilities of the Customer.
To the fullest extent permitted by applicable law, SPARK Services shall not be liable for any loss, injury, death, property damage, delay in emergency response, misrouting of an emergency call, inability to complete an emergency call, or other damages to the extent caused by or resulting from Customer's failure to perform the required 933 testing, failure to report a failed or inaccurate test, failure to maintain accurate emergency-location information, unauthorized relocation of equipment, or continued use of a service after Customer knew or reasonably should have known that emergency calling was not functioning correctly.
Nothing in this Agreement is intended to waive, disclaim, or limit any liability that cannot lawfully be waived or limited under applicable law.
9.5 Misconfigured Emergency Services Charge.
Customer acknowledges and agrees that any misconfigured Emergency Services call will be billed to Customer at $95.00 per incident or call. This charge may apply to calls resulting from incorrect, incomplete, outdated, unregistered, improperly provisioned, or otherwise misconfigured emergency-service information or Customer equipment, where applicable.
This charge is separate from any additional fees, assessments, penalties, carrier charges, governmental charges, or third-party costs incurred by SPARK Services as a result of Customer-provided information, Customer configuration, misuse of Emergency Services, or other Customer-caused conditions, which may also be passed through to Customer to the extent permitted by law.
9.6 Limitations of VoIP Emergency Calling.
Customer understands that VoIP emergency calling depends upon functioning electrical power, Customer equipment, local-area networking, Internet connectivity, telecommunications networks, third-party carriers, E911 infrastructure, and properly configured location information. SPARK Services does not warrant that Emergency Services will operate without interruption or error under all circumstances.
Customer is responsible for informing its employees, contractors, guests, users, and other persons who may use the Customer's VoIP telephone system of any known limitations affecting emergency calling and for maintaining an appropriate alternative means of contacting emergency services when VoIP services are unavailable.
9.7 Emergency Testing During Installation and Porting.
Unless specifically authorized or coordinated by SPARK Services, Customer shall not place non-emergency test calls directly to 911 during system installation, number porting, or initial configuration. Customer shall use the 933 testing service when instructed or available.
Any live 911 test requested or authorized by SPARK Services must be conducted in accordance with SPARK Services' or the applicable emergency-service provider's testing procedures.
Customer acknowledges that Emergency Services should not be relied upon as fully operational until applicable telephone numbers have been ported or provisioned, required emergency-location information has been established, the applicable 933 test has been successfully completed, and the system has been placed into production by SPARK Services.
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*
