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Terms and Conditions

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold in the United States by TelephoneSystemsForBusiness.com, including its affiliates or subsidiaries. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify TelephoneSystemsForBusiness.com and return your purchase pursuant to TelephoneSystemsForBusiness.com's Return Policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH TELEPHONESYSTEMSFORBUSINESS.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER TELEPHONESYSTEMSFORBUSINESS.COM TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

  1. Other Documents.  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and TelephoneSystemsForBusiness.com.
  2. Order Acceptance. TelephoneSystemsForBusiness.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
  3. Payment Terms; Orders; Quotes. Terms of payment are within TelephoneSystemsForBusiness.com's sole discretion, and unless otherwise agreed to by TelephoneSystemsForBusiness.com, payment must be received by TelephoneSystemsForBusiness.com prior to TelephoneSystemsForBusiness.com's acceptance of an order. Payment for the products will be made by credit card or some other prearranged payment method unless credit terms have been agreed to by TelephoneSystemsForBusiness.com. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. TelephoneSystemsForBusiness.com may invoice parts of an order separately. Your order is subject to cancellation by TelephoneSystemsForBusiness.com, in TelephoneSystemsForBusiness.com's sole discretion. Unless you and TelephoneSystemsForBusiness.com have agreed to a different discount, TelephoneSystemsForBusiness.com's standard pricing policy for TelephoneSystemsForBusiness.com-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. TelephoneSystemsForBusiness.com is not responsible for pricing, typographical, or other errors in any offer by TelephoneSystemsForBusiness.com and reserves the right to cancel any orders resulting from such errors.
  4. Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from TelephoneSystemsForBusiness.com to Customer on shipment from TelephoneSystemsForBusiness.com's facility. Loss or damage that occurs during shipping by a carrier selected by TelephoneSystemsForBusiness.com is TelephoneSystemsForBusiness.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify TelephoneSystemsForBusiness.com within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide TelephoneSystemsForBusiness.com with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Sales Tax is charged only on orders from New Jersey.
  5. Return Policies; Exchanges.  TelephoneSystemsForBusiness.com's return policy can be found at http://www.telephonesystemsforbusiness.com/ReturnsandWarranties.aspx and you agree to those terms. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by TelephoneSystemsForBusiness.com, TelephoneSystemsForBusiness.com is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At TelephoneSystemsForBusiness.com's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
  6. Changed or Discontinued Product.  TelephoneSystemsForBusiness.com's policy is one of ongoing update and revision. We strive for 100% accuracy on all product information, pricing, and availability.  However, inventory, prices, information, and availability of products frequently change, and we reserve the right to change any of this information after an order is placed if the information is incorrect or outdated. TelephoneSystemsForBusiness.com may revise and discontinue Product at any time without notice to you and this may affect information saved in your online cart. TelephoneSystemsForBusiness.com reserves the right, without prior notification, to limit the order quantity on any item, refuse a sale, change the shipment date, or place items on backorder.
  7. Service and Support.  Service offerings may vary from Product to Product. TelephoneSystemsForBusiness.com has no obligation to provide service or support until TelephoneSystemsForBusiness.com has received full payment for the Product or service/support contract you purchased. TelephoneSystemsForBusiness.com is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not TelephoneSystemsForBusiness.com.
  8. Limitation of Liability.  TELEPHONESYSTEMSFORBUSINESS.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TELEPHONESYSTEMSFORBUSINESS.COM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, TELEPHONESYSTEMSFORBUSINESS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  9. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND TELEPHONESYSTEMSFORBUSINESS.COM arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, TelephoneSystemsForBusiness.com's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAW.  
  10. Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND TELEPHONESYSTEMSFORBUSINESS.COM, its agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), TelephoneSystemsForBusiness.com's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and TelephoneSystemsForBusiness.com. NEITHER CUSTOMER NOR TELEPHONESYSTEMSFORBUSINESS.COM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. TelephoneSystemsForBusiness.com will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.