BlueTone

Terms of Service – Customer Service Agreement

1. Parties

BlueTone (“BlueTone”) is pleased to provide residential and business long-distance telephone service (the “Service”) to you, subject to these terms of service (the “Terms of Service”). “You” and “your” refer, as applicable, to you and every person who uses the service provided to you.

2. Responsibility for All Charges

By beginning to utilize the Service provided by BlueTone, you accept these Terms of Service. You are responsible for the charges incurred while using the Service. Your enrollment with BlueTone commences with the first provision or availability of the Service to you. Within ten (10) days thereafter, your acceptance of this Agreement will become final unless you first cancel the Service directly and/or through notifying your local telephone company of your selection of a different long distance carrier. These Terms of Service will continue in effect thereafter until you do so terminate the Service from BlueTone. You agree, for your protection against “slamming” - unauthorized switching of your long-distance provider, which occurs without notice to you - that BlueTone may contact you if it has reason to believe your account has been switched and to confirm whether or not you approve of the change. If slamming has occurred, you agree to allow BlueTone to aid you in returning your Service to BlueTone and to complain to the appropriate authorities.

3. Fees, Rates, and Changes to Terms of Service

The Service is offered to you at the rates specified by BlueTone at the time you sign up for the Service, or as modified from time to time, plus goods and services tax, sales and other taxes and fees applicable thereon (“Taxes and Fees”). BlueTone reserves the right to add to/round up each call by up to three (3) minutes. It is your responsibility to confirm with a BlueTone representative the increments applicable to your Service. BlueTone will determine, in its reasonable discretion, the Taxes and Fees you are responsible to pay and which it is obligated to collect from you. You acknowledge that the amount of these Taxes and Fees may change or increase at any time without notice. Applicable Taxes and Fees may be collected on the basis of the service address you provide us. BlueTone may bill you for a Transporter Surcharge which represents what BlueTone reasonably estimates to recover costs related to governmental mandates and levies; and for costs imposed on BlueTone with respect to its service to you by other carriers. Note that on BlueTone’s website there are destinations with “Premier Rate Numbers” or “PRN”. Premier Rate Numbers have rates that are higher because of carrier charges incurred by BlueTone. It is your responsibility to know if a destination you call is a PRN as identified on BlueTone’s website, and you agree to pay the higher rate to the extent it applies to your call.
It is your responsibility to go to BlueTone’s website to review the Terms of Service. If you do not have access to the internet, you can contact BlueTone customer service and ask BlueTone to fax or mail you a copy of the updated Terms of Service. If you dispute any charges in your invoice, you have up to thirty (30) days after the due date of that invoice to notify BlueTone of your dispute. If you do not dispute an invoice by that time, the invoice shall be deemed valid and all charges identified therein are due and payable. To properly dispute an invoice, you must call BlueTone customer service at 617.752.9151. During the dispute process, the Continuation Fee defined herein shall be suspended and no collection efforts will be commenced. If the dispute is resolved in your favor, you will not be responsible to pay the disputed amount. If the dispute is resolved in BlueTone’s favor, BlueTone reserves the right to add the Continuation Fee on to your balance due.

4. TrueBlue Club™ Program

BlueTone has designed a TrueBlueClub™ Program (the “TrueBlueClub Program”). Once enrolled, you will begin earning discount rewards immediately. The TrueBlueClub Program “Start Date” occurs on the first day of the “Billing Cycle” after enrollment. Three (3) full Billing Cycles after your Start Date (including the Billing Cycle in which your Start Date falls), you will be eligible to redeem your first discount. The discount amount will be dependent on all international usage from the previous three (3) Billing Cycles, and applied only to Usage. “Usage” is defined as the amount charged for all international minutes used by you, excluding taxes, fees and other charges identified on your invoice. All discounts must be redeemed within 90 days of when they are earned or will expire. View full terms & conditions at https://resources.btone.us/legal/TrueBlueClubProgramTermsAndConditions.pdf.

You have the option of enrolling in the Program at any time subject to this Agreement, and particularly this section. The Program applies per customer account, not per individual phone number within an account. To enroll in the Program, you must log in to your online account and select “Enroll Now” in the TrueBlue Club tab and agree to these terms and conditions.

5. BlueTone BestFriends Program

BlueTone offers a bill credit program titled “BestFriends Program” (the “BestFriends Program”). For each friend that you refer to us, we will give you a credit on your invoice of one dollar ($1.00) off your total amount due ( “Customer Credit 1”). For each friend that tries BlueTone, he or she will get a credit on their next invoice of 10 free minutes toward their total amount due (the “Friend Credit 1”).

For each friend you refer that becomes an active customer, we will give you a credit on your next invoice of 10 free minutes toward your total amount due (the “Customer Credit 2”). For each friend that becomes an active BlueTone customer, he or she will get a credit on their next invoice of 30 free minutes toward their total amount due (the “Friend Credit 2”).

There is no referral limit. If the value of any credit is greater than the amount due on your invoice, the credit will be carried over to the next invoice. Credits are only available for new referrals and do not apply to customers you referred for which you may have received a credit under our previously active Refer a Friend Program (i.e. where five percent (5%) of that referral’s paid usage was given to customers). View full terms & conditions at (url).

6. Circle of Friends

BlueTone will offer discounted rates for a program we refer to as the “Circle of Friends” (the “Circle of Friends Program”) through December 31st, 2014 at 11:59 PM Eastern Time (the program “End Date”). No new enrollments will be permitted after the End Date. After the End Date, all enrolled customers will be given the opportunity to migrate over to our new Rewards Program, the TrueBlue Club™. If any customers choose not to enroll in the TrueBlue Club™, they forfeit both the Circle of Friends and the TrueBlue Club discounts. Customers will not receive a credit for the Circle of Friends fee already incurred during the applicable billing cycles.

7. Refer a Friend Program

BlueTone currently offers discounted rates for a program we refer to as the “Refer a Friend” (the “Refer a Friend Program”). This program is only valid for existing customers who are already enrolled. No new online enrollments will be permitted. For those enrolled, each customer that you refer to us, we will give you a credit on your invoice of five percent (5%) of that customer’s paid usage (the “Credit”). Your Credit will be applied against your usage only. There is no cash value for this Credit, so if the amount of your Credit is greater than the amount of your usage, the Credit will not be carried over to the next invoice. This Credit is only available for new referrals and does not apply to customers you referred for which you may have received a credit under our previously active Referral Reward Program (i.e. where a ten dollar ($10.00) credit was given to referrals with paid usage). If you have a preset plan (i.e. fixed monthly payment), your Credit will be given against the base price of the plan, not against the full price of your invoice which includes taxes, fees, and other surcharges.

IMPORTANT NOTE: Customers enrolled in the Refer a Friend Program may continue to receive discounts for the lifetime of their account. However, new online enrollments are no longer permitted. Customers are encouraged to migrate over to our new Rewards Program, the TrueBlue Club™. If any customer chooses to enroll in the TrueBlue Club™, they forfeit their Refer a Friend discounts.

8. Billing and Payment

You agree to pay BlueTone all undisputed charges for the Service appearing on your invoice by the specified due date, together with all applicable Taxes and Fees. BlueTone will provide your bill in a format it chooses, which may change from time to time. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, BlueTone may make reasonable adjustments and prorations. Usage may be back-billed in a subsequent billing cycle to the extent allowed by applicable law and if so, this usage will be charged as if used during the cycle being billed. For new customers only, your first billing cycle invoice will always be generated. For all other customers, an invoice will only be generated when your usage exceeds $5.00 for a billing cycle, or every third billing cycle, whichever comes first. You may receive your invoice for the Service from BlueTone, from any of BlueTone’s affiliates, or from your local telephone company. If you receive a paper bill, you will be assessed $0.99 paper bill fee. You authorize BlueTone to charge your credit card (if you provide information for that purpose) or to use another authorized payment method to collect amounts due from you. If applicable, you will promptly notify BlueTone of any changes to your credit card account, billing address, or other information that would interfere with collection. If you do not pay amounts due to BlueTone, you agree that BlueTone can charge any outstanding amount to your credit card or withdraw it from any authorized bank or credit card account. No additional notice or consent will be required for billings to that credit card or account. If you pay by personal check, and that check is returned for whatever reason, you agree to a $30.00 service fee to be added to your account for each returned personal check. You acknowledge that you are eligible to receive favorable rates which have been offered to you at the time of your subscription for only so long as you maintain a reliable record of payment. If you fail to satisfy an unpaid balance of charges invoiced to you, or if you call destinations that are not part of the destinations you identified when signing up for the Service (or not located in your “My Account” page), then you agree to pay the highest rates BlueTone offers to those destinations (the “Default Rates”). It is your obligation to review your My Account page to verify the destinations for which you receive favorable rates, and to contact customer service if there are any errors in your My Account page or of you wish to add new destinations to receive favorable rates. You may also receive favorable rates for new destinations by adding the destinations on you’re my Account page. If full payment of charges due and owing is not made by the date set forth in the invoice as ending the grace period, a Continuation Fee of $4.99 per billing cycle will be assessed on your account. You also agree to pay a Directory Assistance Fee of $1.90 per call you place to Directory Assistance. In the unusual circumstance where you have no usage for six consecutive billing cycles and have a credit balance on your account, you agree that Company will charge you a Dormancy Fee of $5.00 per billing cycle until your account has a zero balance, at which point your account will be closed. You will also be subject to a late fee equal to 1.5% of your outstanding invoice balance. You also understand that you will be liable for costs of collection, including reasonable attorney fees, expenses and court costs which BlueTone may incur if you fail to make payment for the Service.

9. Deposit

For each customer that you refer to us, we will give you a credit on your invoice of five percent (5%) of that customer’s paid usage (the “Credit”). Your Credit will go against your usage only. There is no cash value for this Credit, so if the value of your Credit is greater than the value of your usage the amount of the Credit will not be carried over to the next invoice. This Credit is only available for new referrals and does not apply to customers you referred for which you may have received a credit under our previously active Referral Reward Program (i.e. where a ten dollar ($10.00) credit was given to referrals with paid usage). If you have a preset plan (i.e. fixed monthly payment), your Credit will be given against the base price of the plan, not against the full price of your invoice which includes taxes, fees, and other surcharges.

10. Default and Termination

Without prior notice to you, BlueTone may, in its sole discretion, terminate your use of the Service if you: (a) do not pay your account balance in full when due (apart from specific charges you may have legitimately disputed with resolution); (b) breach any of the material terms of these Terms of Service; or (c) become bankrupt or insolvent. You will not be relieved from liability for charges through any such default on your part, except as the law of debtor protection may allow. All charges become immediately due and payable in the event of your default.

11. Use of the Service

Your use of the Service must comply with these Terms of Service and all applicable laws and regulatory requirements. Without limitation, you may not directly or indirectly: (a) use the Service: (i) for any purpose that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, federal or international law, or for the purposes of encouraging or assisting others to do any of the foregoing; (ii) to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications; (iii) to invade another person’s privacy or collect or store personal data about other users of the Service; (iv) to stalk or otherwise harass another; (v) to harm minors; (vi) to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive; (vii) to unlawfully promote or incite hatred; or (viii) to transmit, disseminate or otherwise make available information protected by copyright, or other proprietary or contractual right, or related derivative works, without obtaining prior permission of the copyright owner or rights holder; (b) resell or transfer the Service to any other person for any purpose or receive, directly or indirectly, any charge or benefit for the use of the Service, without express written permission from BlueTone. If you find that your Service has been or is being fraudulently used, you must immediately notify BlueTone and provide BlueTone with the documentation and information it may request (including affidavits and police reports). Until you so notify BlueTone, you will remain responsible for all charges made to your account. You agree to cooperate with BlueTone in any fraud investigation and to use any fraud prevention measures BlueTone prescribes. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage. To protect against unauthorized use, calling card accounts billing more than $100 per billing cycle may be subject to interruption of service, unless prior arrangements have been made with BlueTone at 617.752-9151.

12. Confidentiality of Customer Information

Unless you provide express consent or disclosure is required pursuant to a legal power, all information kept by BlueTone and its affiliates regarding you other than your name, address, listed telephone number and electronic mail address, is confidential and may not be disclosed by BlueTone to anyone other than: (i) you or a person who, in BlueTone's reasonable judgment, is seeking the information as your agent; (ii) another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; (iii) a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; (iv) an agent retained by BlueTone to evaluate your credit worthiness, provided the information is required for and is used only for that purpose; (v) or to a public authority or agent of a public authority, if in the reasonable judgment of BlueTone, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide: (a) written consent; (b) oral confirmation by an independent third party; (c) electronic confirmation through the use of a toll-free number; or (d) consent through other methods as long as an objective documented record of your consent is created by you or an independent third party.

13. General Limitation of Liability

BlueTone is not liable for any deficiency in performance caused in whole or in part by act or omission of an underlying carrier or service provider, dealer, equipment or facility supplier, by unavailability or discontinuation of services to BlueTone or to other services utilized by BlueTone, by network problems, lack of connections or network problems, equipment failure or incidents in the course of upgrade or modification, Acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility unavailability or relocation, or causes beyond BlueTone’s reasonable control, including without limitation the failure of an incoming or outgoing call, failure of 9-1-1 service or location services, priority access or secured call service. EVEN IF BLUETONE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, BLUETONE WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR OTHER SERVICES, INCLUDING, WITHOUT LIMITATION: INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE; LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS, COST OF REPLACEMENT PRODUCTS AND/OR SERVICES, SUSPENSION OR TERMINATION OF SERVICES OR YOUR INABILITY TO USE THE SERVICE, THE CONTENT OF ANY MESSAGE OR COMMUNICATION TRANSMITTED TO OR RECEIVED BY YOU; OR LOSSES RESULTING FROM PURCHASE OF GOODS OR SERVICES THROUGH USE OF BLUETONE’S SERVICE OR TRANSACTIONS ENTERED INTO THROUGH USE OF THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF BLUETONE TO YOU, AND THE EXCLUSIVE REMEDY IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE SHALL BE A REFUND OR REBATE OF THE PRORATED OR OTHER SERVICE CHARGES YOU HAVE PAID OR OWE FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS WILL NOT ENLARGE OR EXTEND THIS LIMITATION OF MONEY DAMAGES.
ANY DISPUTE OR CLAIM BETWEEN YOU, ANY MEMBER OF YOUR HOUSEHOLD OR ANY GUEST OR EMPLOYEE OF YOU AND US ARISING OUT OF OR RELATING TO THE SERVICE WILL BE RESOLVED BY ARBITRATION WITHIN THE STATE OR TERRITORY IN WHICH YOU LIVE. THE ARBITRATOR'S DECISION WILL FOLLOW THE PLAIN MEANING OF THE RELEVANT DOCUMENTS, AND WILL BE FINAL AND BINDING. WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT NO ARBITRATOR HAS THE AUTHORITY TO: (I) AWARD RELIEF IN EXCESS OF WHAT THIS AGREEMENT PROVIDES; OR (II) AWARD PUNITIVE OR EXEMPLARY DAMAGES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. ALL CLAIMS SHALL BE ARBITRATED INDIVIDUALLY. YOU SHALL NOT BRING, OR JOIN ANY CLASS ACTION OF ANY KIND IN COURT OR IN ARBITRATION OR SEEK TO CONSOLIDATE OR BRING PREVIOUSLY CONSOLIDATED CLAIMS IN ARBITRATION. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

14. Customer Complaints

You may report any customer complaints to BlueTone by calling 617.752.9151.

15. Governing Law

These Terms of Service are governed exclusively by the laws of the state in which you live.

16. General Provisions

These Terms of Service, together with BlueTone's published Service rates, BlueTone's invoice terms and any guides or manuals that BlueTone may provide to you regarding your Service, all as amended from time to time, constitute the entire written agreement between you and BlueTone for the Service and supersede all prior agreements, written or oral. Any provision of these Terms of Service that is unenforceable at law will be ineffective to the extent of such enforceability without invalidating the remaining provisions of the Terms of Service. No failure by BlueTone to exercise any right under these Terms of Service will constitute a waiver of any provision of these Terms of Service. These Terms of Service inure to the benefit of and are binding on you and your heirs and legal personal representatives. You may not assign or transfer these Terms of Service. BlueTone may assign or transfer these Terms of Service or any of its rights or obligations hereunder and these Terms of Service inure to the benefit of and are binding on BlueTone’s successors and assigns.

Revised as of July 24, 2014