Legal

BlueCloud Communications Web Site Agreement

The www.bluecloudcommunications.com is an online information service provided by BlueCloud Communications, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.bluecloudusa.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.bluecloudusa.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.bluecloudcommunications.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.bluecloudcommunications.com by all means and in any media now known or hereafter developed. You also grant to www.bluecloudusa.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.bluecloudusa.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.bluecloudusa.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.bluecloudusa.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

  1. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by www.bluecloudusa.com, www.bluecloudusa.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.bluecloudusa.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.bluecloudusa.com a. You also understand that www.bluecloudusa.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.bluecloudusa.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.bluecloudusa.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.bluecloudusa.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.bluecloudusa.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL BlueCloud Communications BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BlueCloud Communications OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BlueCloud Communications LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.www.bluecloudusa.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.bluecloudusa.com web site, please understand that it is independent from www.bluecloudusa.com, and that www.bluecloudusa.com has no control over the content on that web site. In addition, a link to a www.bluecloudusa.com web site does not mean that www.bluecloudusa.com endorses or accepts any responsibility for the content, or the use, of such web site.

  1. Indemnification.

You agree to indemnify, defend and hold harmless www.bluecloudusa.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

  1. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.bluecloudusa.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between www.bluecloudusa.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.bluecloudusa.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.bluecloudusa.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE.© 1999-2016 PriorityDigital.com Prepared for: www.bluecloudusa.com, All rights reserved.

BlueCloud Communications Service Agreement

This Service Agreement constitute the agreement (“Agreement”) between BLUECLOUD COMMUNICATIONS and the user (“you,” “user” or “Customer”) of BLUECLOUD COMMUNICATIONS’s residential and small business communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as an IP phone, BLUECLOUD COMMUNICATIONS Phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service and it applies to all lines on each BLUECLOUD COMMUNICATIONS account.

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BlueCloud Communications shall provide, and Customer shall pay for, the Service indicated on all pages of this Service Order and Agreement in accordance with the following terms and conditions:

1. EFFECTIVE DATE and TERM:
This Agreement shall become effective on the date that the Customer’s signed Service Order is accepted by BlueCloud Communications. Unless otherwise agreed to in writing by BlueCloud Communications, all Service shall be provided for a minimum Term. Such Term shall commence on the date upon which the Service is made available for use by Customer, and shall continue until the expiration of the Term or until this Agreement is otherwise terminated as set forth herein. Following the initial Term, this Agreement shall continue on a month-to-month basis until terminated upon 30 days’ prior written notice by either party hereto, or until the parties enter into a new service agreement. There is no Minimum Terms of Service:
2. BILLING and PAYMENT TERMS:
The fees for Service are as set forth on page 1 of this Service Order and Agreement. All usage-based calls are rated individually and rounded to the nearest penny, with a minimum charge of two cents ($0.02). Customer shall also be responsible for payment of any applicable local, state, or federal taxes, fees, and government-imposed charges or surcharges, which may include Universal Service Fund assessments, PICC fees, and payphone compensation charges, As well as E911 Fee and Regulatory Recovery Fee. Unless otherwise specified, Services are provided and invoices are issued on a monthly basis for actual usage of Service and all subscription fees are due in advance at the start of Service. In the case of a partial month’s service, the initial invoice shall include any pro-rated charges for the prior month. Any set-up, installation or equipment charges shall be billed the first month following such set-up, installation or delivery of equipment. In the event of any dispute regarding a billing invoice, Customer shall notify BlueCloud Communications in writing within fifteen (15) days of receipt of the invoice. Thereafter, said invoice shall be deemed correct and binding. Payment is due no later than the twenty-fifth (25th) day from the invoice date. Any amount not paid within twenty-five days after the invoice date shall bear interest commencing on the invoice date and continuing through the date payment is received, at a rate equal to the lesser of 1.5% per month or the highest rate permitted by law. All billing is done by major credit card and is run on the first of every month. In addition, invoices not paid by the twenty-fifth (25th) day from the invoice date will not be eligible for any quoted volume or term discounts. Customer is responsible for paying the entire amount billed on the invoice, including reasonably disputed charges, whether or not documented in writing to BlueCloud Communications. Any dispute resolved in Customer’s favor shall be credited on Customer’s next invoice. Customer shall not seek legal or equitable remedies, including without limitation, injunctive relief, which would require BlueCloud Communications to continue providing Service to Customer while any delinquent amount payable to BlueCloud Communications remains unpaid. Customer may be charged a fee up to $25 for reactivation of any service due to non-payment. In addition, Toll-Free Customers may be charged a $25 fee per change on any Toll-Free number. All Unlimited Plans means up to 2000 minutes per month per out going line. Maximum Voice Mail per box will be 100. All Voice mails will be purged after 1 month.
3. SERVICE and RATES:
Initial rates for the Service plan are set forth on page 1 of this Service Order and Agreement or in the separate pricing form furnished to customer. Except where otherwise required by applicable law or the provisions of this Agreement applicable to Term plans, BlueCloud Communications may revise the rates for Service from time to-time without prior notice, to reflect changes in regulatory-imposed fees, the cost to provide service, service charges and tariffs, or otherwise. BlueCloud Communications reserves the right to move Customer to a different Service or rate plan if usage or other criteria are not met for the plan to which Customer has subscribed or in which Customer currently is enrolled.
4. LIMITATION of LIABILITY:
Customer acknowledges that BlueCloud Communications is not liable to Customer or to any third party for calls not completed or for any errors in transmission. BlueCloud Communications is not liable to Customer for any act of or representation made by independent Distributors or Agents who sell BlueCloud Communications Service, unless expressly approved by an officer of BlueCloud Communications in writing or unless contained in a document provided by BlueCloud Communications to Customer. Customer recognizes the complex nature of telecommunications technology. BlueCloud Communications shall not be responsible for any hardware/software including, but not limited to, PBX and PBX programming, CSU, DSU, channel bank, routers or any other customer-premises equipment required for any service provided by BlueCloud Communications. Except as specifically set forth herein or in any attachment or addendum, the Service and related software and/or equipment provided by BlueCloud Communications, if any, are provided on an “as is” and “as available” basis. Except for BlueCloud Communications undertaking to maintain the quality of its network consistent with prevailing industry standards and sound business practice, BlueCloud Communications MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Certain states do not allow any limitation of implied warranties and, therefore, certain provisions may not apply to Customers located in those States. Under no circumstances shall BlueCloud Communications have any liability for: (a) any act or omission of any connecting carrier or any underlying carrier or local exchange company whose services are resold by BlueCloud Communications, or any other third-party provider of connections, equipment, facilities or service to Customer or BlueCloud Communications; (b) any act or omission of Customer, its agents, servants, employees, invitees or guests; or (c) any failure of equipment, facilities or connections provided by the Customer. Neither shall BlueCloud Communications have any liability for mistakes, omissions, interruptions, errors, delays, defects in transmission or failure to transmit, when caused by acts of God, fire or other natural disaster, war, terrorism, riots, labor disturbances, cable cuts, Government authorities, or any other causes beyond BlueCloud Communications control. IN NO EVENT SHALL BlueCloud Communications, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST REVENUE, PROFIT, CUSTOMERS, GOODWLL OR DATA, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS OR DELAYS BY BlueCloud Communications, ITS PROVIDERS, AGENTS, SERVANTS OR EMPLOYEES IN THE COURSE OF ESTABLISHING, FURNISHING, REARRANGING, MOVING, BILLING, TERMINATING OR CHANGING REGULATED OR NON-REGULATED SERVICES OR FACILITIES AS CONTEMPLATED HEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER A CLAIM IS ASSERTED FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM, AND WHETHER A CLAIM IS ASSERTED IN CONTRACT, TORT OR STRICT PRODUCT LIABILITY, IRRESPECTIVE OF WHETHER BlueCloud Communications HAS ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. BlueCloud Communications LIABILITY TO CUSTOMER HEREUNDER SHALL NOT EXCEED THE LESSER OF CUSTOMER’S ACTUAL DAMAGES OR THE AVERAGE MONTHLY RECURRING CHARGE PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE “AFFECTED SERVICE”), CALCULATED FROM COMMENCEMENT OF THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. Customer represents and warrants that this is a commercial and business transaction, and not a consumer transaction.
Mandatory Arbitration and No Jury Trial. 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 or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in San Diego, California. 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 arbitrators 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 AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, CALIFORNIA.
5. TERMINATION:
In the event of Customer’s early termination of this Agreement prior to the expiration of any fixed Term, Customer shall pay BlueCloud Communications all charges for service provided through the effective date of such termination, plus any and all applicable re-rated service costs for previous months services that were rated based on a longer term agreement than was satisfied by the early termination. It is agreed that BlueCloud Communications damages, if Service were terminated prior to the expiration of the Agreement Term, would be difficult or impossible to ascertain. Accordingly, the terms of this Paragraph 5 are intended as liquidated damages and not as a penalty in the event of early termination. Termination of Service shall not relieve Customer of its obligation to pay all fees for Service accrued and owing up to and including the date of termination or any other amount payable to BlueCloud Communications. BlueCloud Communications may terminate this contract at any time in its complete discretion.
6. CANCELLATION:
BlueCloud Communications may discontinue Service or cancel an application for service, without incurring any liability, for any of the following reasons: (a) non-payment when due of any sum payable to BlueCloud Communications for service; (b) violation of any law, rule or regulation of any governing authority having jurisdiction over the service; (c) by order of a court or other governmental or quasi-governmental authority having such jurisdiction; (d) in the event service charges exceed the amount of any deposit which BlueCloud Communications may have required or any established credit limit; (e) if Customer provides false or misleading credit information; (f) if, in the sole discretion of BlueCloud Communications, Customer’s financial condition has deteriorated or if Customer is involved in any bankruptcy or similar proceeding; (g) in the event of any violation giving rise to a right of termination as set forth in BlueCloud Communications applicable tariffs; (h) fraudulent use of the Service; or (i) any material default under this Agreement including, but not limited to, violation of BlueCloud Communications Acceptable Use Policy (available on BlueCloud Communications website www.BlueCloudUSA.com or from the Customer Service Department), as applicable.
7. MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the substantive and procedural laws and practices of the State of California, and any action commenced hereunder shall be brought exclusively in a court of competent jurisdiction in the State of California. If a dispute arises and BlueCloud Communications refers this Agreement to an attorney for collection, Customer shall pay all costs of collection, including interest, court costs, fees and reasonable attorney’s fees. No provision of this Agreement shall be deemed waived, amended, or modified by either party unless such waiver, amendment or modification is in writing signed by the party against whom the enforcement of such waiver, amendment or modification is sought. Each party represents that it has the full right, power and authority to enter into this Agreement and to perform all of the obligations on its part contemplated herein. Customer may not assign this Agreement or resell, sublicense or transfer any interest in the Service without BlueCloud Communications prior written consent. Any notice required or permitted to be given under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, or by overnight courier, to the Customer at the address supplied on page 1 of this Service Order and Agreement, and to BlueCloud Communications at 9109 Chesapeake Drive, San Diego CA 92123. Attention: President. Either party may, at any time, notify the other of a change of address for notices, by giving written notice in accordance with this Paragraph. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Customer or the terms of any other agreement between Customer and BlueCloud Communications. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. BlueCloud Communications may collect from Customer its costs (including reasonable attorneys’ fees) incurred in enforcing this Agreement. If necessary, and if requested by Customer, BlueCloud Communications will provide commercially reasonable assistance to Customer in obtaining necessary facilities from the local telephone company through which Customer may use BlueCloud Communications service. Customer is responsible for such activity and is liable for any and all charges incurred therefore. Notwithstanding the cancellation or natural expiration of the Term of this Agreement, if Customer has accumulated unpaid charges for Toll-Free or regular long distance Service, BlueCloud Communications may refuse any request for release or other transfer of Local and Toll-Free numbers to a third party, and may reject any request for change in Toll-Free service to another carrier, including a change request from a Responsible Organization, without liability to BlueCloud Communications, until such charges are paid in full to the date of termination of service. BlueCloud Communications reserves the right to re-assign any terminated Toll-Free or Local number(s). This Service Agreement is subject to the terms and conditions of all applicable tariffs. In the case of conflict, the applicable tariff shall apply.
8. VERIFICATION and CREDIT APPROVAL:
Customer shall provide BlueCloud Communications with credit information as requested. BlueCloud Communications reserves the right to withhold initiation or implementation of Service under this Agreement pending credit review. BlueCloud Communications may require Customer to make a deposit at any time as a condition to acceptance of any Service order submitted by Customer or as a condition to continuation of Service. BlueCloud Communications shall hold such deposit as security for payment of charges, and BlueCloud Communications may draw upon such deposit without any notice to Customer immediately when such account becomes past due. When the provision of Service to Customer is terminated, the amount of any unapplied deposit shall be credited to the Customer’s account and any credit balance, which may remain, shall be refunded without interest thereon. In the event Customer’s order is provisioned prior to completion of verification and credit check, said provisioning shall be deemed conditional and may be canceled immediately in the event of an unsatisfactory credit report or failure on the part of Customer to provide a required deposit.
9. NO ASSIGNMENT; ENTIRE AGREEMENT:
Customer may not assign this Agreement without the prior written consent of BlueCloud Communications, which may be withheld in its sole discretion. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective affiliates, successors and permitted assigns. This Agreement, together with any attachments, constitute the entire Agreement and understanding between Customer and BlueCloud Communications as to the subject hereof.
10. BLUECLOUD MUSIC FILES AGREEMENT:
Customers agree all sound files have been legally obtained and have the rights to distribute, via electronic medium to a remote server to include but not limited to, voicemail, hold music. I agree that BlueCloud Communications Inc. takes no responsibility for the ownership rights to this music file, and customer takes full responsibility for maintaining my legal rights over it.
11. BLUECLOUD REFERRAL PROGRAM:
A monthly recurring percentage of every referred customer’s monthly recurring charges, excluding all taxes, surcharges, and minutes, will be credited towards your account. Credits will be paid out one month after the referral account is installed on the first of the month.
12. LETTER OF AGENCY (LOA)
I herby appoint BlueCloud Communications to act as my agent in order to effectuate the collection of account information and/or carry out the change(s) authorized on my behalf. I hereby authorize the change of my communications company(s) from that/those which I am currently using to BlueCloud Communications for the purpose of ordering and/or maintaining communications services, including, but not limited to, Local Services, Long Distance Services, Private Line Services, Internet Services and Number Portability.