Terms of Service

AGREEMENT TO TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between PJL Telecom LLC ("PJL Telecom," "we," "us," or "our") and you ("Customer," "you," or "your").

By accessing our website at pjltelecom.com, creating an account, purchasing services, or using any PJL Telecom services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services.

DEFINITIONS

For purposes of these Terms, the following definitions apply:

"Cloud PBX System" means a hosted Private Branch Exchange system provided by PJL Telecom that manages call routing, voicemail, auto-attendants, and other telephone features through internet connectivity.

"Customer Premise Equipment" or "CPE" means any hardware, including but not limited to IP phones, routers, gateways, adapters, or other devices provided by PJL Telecom or used by Customer in connection with the Services.

"Default" means any failure by Customer to comply with these Terms, including but not limited to: (i) failure to make any payment when due; (ii) breach of any representation, warranty, or covenant; (iii) use of Services in violation of applicable law or the Acceptable Use Policy.

"DID" or "Direct Inward Dialing Number" means a telephone number that allows inbound voice communication to a specific extension or user.

"Emergency Services" or "911/E911" means functionality that allows end users to contact emergency services by dialing 9-1-1. PJL Telecom does not directly provide emergency services; these are provided through our partner ClearlyIP under a separate agreement.

"Equipment" means any hardware rented, leased, or sold by PJL Telecom to Customer, including IP phones, gateways, adapters, and related devices.

"International Calling" means telephone calls to destinations outside the continental United States.

"PSTN" or "Public Switched Telephone Network" means the traditional telephone network, connectivity to which is provided through ClearlyIP under a separate agreement.

"Registered Address" means the physical service location address provided by Customer where Services will be used.

"Services" means all products and services provided by PJL Telecom, including Cloud PBX Systems, support services, client services, hardware, and related telecommunications services.

"Service Commencement Date" means the date on which Customer's Services are activated and become available for use.

"Standard Business Use" means use of Services in a manner consistent with ordinary business operations, including reasonable call volumes, proper equipment configuration, and compliance with all applicable laws and policies.

"Toll-Free Number" means a telephone number (typically beginning with 800, 888, 877, 866, 855, 844, or 833) where the receiving party pays for incoming calls.

1. SERVICES PROVIDED

1.1 Service Overview

Subject to Customer's compliance with these Terms and payment of applicable fees, PJL Telecom will provide the following Services:

• Cloud PBX Systems: Hosted telephone system with features including call routing, voicemail, auto-attendants, call forwarding, conferencing, and other unified communications features
• Technical Support: Customer support services as described in Section 11
• Client Services: Account management, configuration assistance, and consultation
• Hardware Sales and Rentals: IP phones, gateways, adapters, and related equipment
• System Configuration: Initial setup and ongoing configuration of Cloud PBX features
• Number Provisioning: Assistance with obtaining new telephone numbers or porting existing numbers

1.2 PSTN Services Through ClearlyIP

1.3 AI-Powered Call Recording

PJL Telecom records telephone calls between Customer and PJL Telecom staff for quality assurance, training, and service improvement purposes.

Call Recording Details:

• Calls to and from PJL Telecom support and sales lines are recorded
• Recordings are transcribed and analyzed using AI technology powered by OpenAI
• Calls on Customer's own Cloud PBX System are not recorded by PJL Telecom under this Section. Recording of Customer's own calls happens only where Customer has enabled Call Recording or subscribed to AI-Powered Call Recording for its account, as described in Section 1.5
• All recordings are preceded by an automated announcement
• Recordings and transcripts are stored for 90 days
• By continuing a call after the recording announcement, Customer consents to recording and AI analysis

For more information about how we handle recorded calls and AI-generated data, please see our Privacy Policy.

1.4 Customer Responsibilities

Customer is solely responsible for:

• Providing and maintaining adequate internet connectivity for Services
• Obtaining, configuring, and maintaining any Customer-owned equipment
• Ensuring all users understand how to properly use Services, including emergency calling limitations
• Maintaining accurate Registered Address and emergency location information
• Securing Customer's account credentials and preventing unauthorized access
• Compliance with all applicable laws and regulations in Customer's use of Services
• Backing up any critical voicemail messages or call recordings before service termination

1.5 Customer Call Recording and Monitoring

The Cloud PBX System includes features that can record calls on Customer's own system, store voicemail, and allow supervisors to monitor live calls. Customer may also subscribe to AI-Powered Call Recording, under which recordings of Customer's own calls are transcribed and summarized. These features are off unless Customer enables them or subscribes to them.

Customer controls, PJL Telecom processes. When Customer enables recording or monitoring on its own system, Customer decides which calls are recorded, who may listen, and how long recordings are kept. PJL Telecom hosts and processes those recordings on Customer's behalf and does not itself decide to record any call on Customer's system.

Consent is Customer's responsibility. Whether a call may be recorded or monitored depends on the laws of every jurisdiction in which a party to the call is located, including the "all-party consent" recording laws of several states, which apply to outbound calls as much as inbound. Customer is solely responsible for:

• Determining whether its use of recording and monitoring features is lawful
• Obtaining every consent and giving every notice that applicable law requires, including to Customer's own employees and to callers, before recording or monitoring begins
• Any retention, disclosure, and deletion obligation relating to recordings
• Any use of the supervisor listen, whisper, and barge features

AI processing. Where Customer subscribes to AI-Powered Call Recording, recordings of Customer's calls and the resulting transcripts and summaries are processed through the OpenAI API under OpenAI's business terms and data processing addendum, as described in Section 2.3 of our Privacy Policy. Customer may ask PJL Telecom in writing at [email protected] to disable AI processing for its account at any time, and PJL Telecom will do so within five business days. Customer's obligations under Section 2.5 (Prohibited Data) apply to every recording that enters that service.

Customer shall indemnify PJL Telecom under Section 12 for any claim arising out of Customer's use of recording or monitoring features.

2. SERVICE LIMITATIONS AND RESTRICTIONS

2.1 Acceptable Use

Customer must use Services in accordance with our Acceptable Use Policy, available at pjltelecom.com/acceptable-use, which is incorporated into these Terms by reference.

Prohibited Uses Include:

• Illegal activities or activities that violate others' rights
• Transmitting spam, unsolicited communications, or robocalls
• Harassment, threats, or abusive communications
• Attempts to compromise security or gain unauthorized access
• Excessive use that interferes with other customers' service
• Auto-dialing, predictive dialing, or mass calling without authorization
• Fraudulent use or impersonation
• Violation of telecommunications regulations

2.2 Standard Business Use Requirement

Services are provided for Standard Business Use only. PJL Telecom reserves the right to monitor usage patterns to ensure compliance.

If PJL Telecom determines that Customer is not using Services for Standard Business Use, we may:

• Notify Customer and provide two business days to cure the violation
• Suspend or terminate Services immediately
• Charge additional fees for excessive or inappropriate use
• Pursue any other remedies available under these Terms or law

2.3 Service Availability

While PJL Telecom strives to provide reliable services, we do not guarantee uninterrupted or error-free service. Services may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance (without advance notice)
• Internet service provider issues
• Power outages
• Natural disasters or other events beyond our control
• Customer equipment or configuration issues

PJL Telecom will use commercially reasonable efforts to minimize service disruptions and provide advance notice of scheduled maintenance when practicable.

2.4 Geographic Limitation

Services are available only to customers located within the United States. Use of Services from locations outside the United States is prohibited and may result in immediate service termination.

2.5 Prohibited Data

(a) Definition. "Prohibited Data" means (i) protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations (together, "HIPAA"); (ii) cardholder data and sensitive authentication data as defined by the Payment Card Industry Data Security Standard ("PCI DSS"); and (iii) any other information whose collection, transmission, storage, or processing is subject to specialized statutory, regulatory, or contractual handling requirements beyond those applicable to ordinary business communications, including nonpublic personal information under the Gramm-Leach-Bliley Act, education records under the Family Educational Rights and Privacy Act, criminal justice information subject to the CJIS Security Policy, and information subject to the International Traffic in Arms Regulations.

(b) Services not designed for Prohibited Data. The Services are general-purpose business telephone and communications services. PJL Telecom has not designed, configured, certified, marketed, or represented the Services as suitable for the transmission, receipt, storage, or processing of Prohibited Data, and does not offer the Services for that purpose. Customer acknowledges that it has not relied on any statement, written or oral, to the contrary.

(c) No Business Associate relationship. PJL Telecom is not a "business associate" of Customer within the meaning of HIPAA, has not entered into a business associate agreement with Customer, and does not become one by virtue of these Terms, any Service Agreement, any course of dealing, or any actual or constructive knowledge that Customer operates in a regulated industry. PJL Telecom provides transmission and communications services and does not access the content of Customer's communications except as described in Section 9.4.

(d) Customer's representation and covenant. Customer represents, warrants, and covenants that it will not, and will not permit any user or third party to, transmit, receive, store, record, upload, or otherwise process Prohibited Data through or in the Services. Without limiting the foregoing, Customer will not use voicemail, call recording, AI-Powered Call Recording, fax, or any other feature that retains content to capture or hold Prohibited Data, and will not configure the Services in a way that causes Prohibited Data to be retained.

(e) Incidental content. PJL Telecom cannot and does not monitor the content of real-time voice traffic. The incidental presence of Prohibited Data in a communication carried by the Services in breach of paragraph (d) does not constitute PJL Telecom's agreement to receive or maintain that data, does not create a business associate or similar relationship, and does not impose on PJL Telecom any obligation to identify, segregate, safeguard, report, or delete that data beyond its ordinary security practices. Customer remains solely responsible for any consequence of that breach.

(f) Regulatory responsibility. Customer is solely responsible for determining the laws, regulations, and industry standards that apply to its business and its use of the Services, and for complying with them, including any obligation relating to call recording, retention, disclosure, notice, consent, breach notification, and the handling of personal information. PJL Telecom has no obligation to advise Customer on those requirements and makes no representation that the Services will satisfy them.

(g) Indemnification. Customer shall defend, indemnify, and hold harmless PJL Telecom, ClearlyIP, and their respective members, managers, officers, employees, contractors, agents, and suppliers from and against any and all claims, demands, investigations, actions, and proceedings, and all resulting losses, damages, liabilities, settlements, penalties, fines, assessments, costs, and expenses (including reasonable attorneys' fees, expert fees, and the costs of breach notification, credit monitoring, and regulatory response), arising out of or relating to (i) any transmission, receipt, storage, recording, or other processing of Prohibited Data through or in the Services by Customer, its users, or any person Customer permits to use the Services; (ii) any breach of paragraph (d); or (iii) any allegation that PJL Telecom is or was a business associate, service provider, or similar regulated party with respect to Customer's data. This obligation applies regardless of whether PJL Telecom knew or should have known that Prohibited Data was present, and regardless of any negligence by an indemnified party in handling that data once present, except to the extent a court of competent jurisdiction finally determines that the loss was caused by that party's gross negligence or willful misconduct. The process in Section 12.3 applies.

(h) Remedies. If PJL Telecom becomes aware, or reasonably believes, that Prohibited Data is being transmitted through or stored in the Services, PJL Telecom may, without liability and in addition to any other remedy: require Customer to immediately cease the conduct and remove or destroy the data; suspend the affected feature, account, or Services in whole or in part until the matter is resolved to PJL Telecom's reasonable satisfaction; delete or purge stored content that PJL Telecom reasonably believes contains Prohibited Data, without any obligation to retain or return it; and terminate Services and these Terms for cause. A breach of this Section 2.5 is a material Default that is not capable of cure.

(i) Requesting a regulated-data arrangement. If Customer requires services suitable for PHI or other Prohibited Data, Customer must notify PJL Telecom in writing at [email protected] before transmitting any such data. PJL Telecom has no obligation to offer such services. Any such arrangement, if offered, is effective only upon (i) a separately executed written agreement that expressly addresses the regulated data, (ii) in the case of PHI, a separately executed business associate agreement signed by an authorized officer of PJL Telecom, and (iii) payment of any additional fees PJL Telecom requires. No email, ticket, verbal assurance, or course of dealing creates such an arrangement.

(j) Survival. This Section 2.5 survives any termination or expiration of these Terms. Customer's obligations under paragraph (g) are not subject to the limitations in Section 11.

3. EMERGENCY SERVICES DISCLOSURE

3.1 Emergency Services Overview

PJL Telecom provides Cloud PBX services that may be used to make emergency calls by dialing 9-1-1. However, all emergency services (911/E911) are provided through ClearlyIP under a separate agreement between Customer and ClearlyIP.

3.2 Important Differences from Traditional Phone Service

CUSTOMER ACKNOWLEDGES AND AGREES THAT:

Emergency calling through internet-based telephone services is DIFFERENT from traditional landline telephone service in the following critical ways:

• Internet Dependency: Emergency calls will not function during internet service outages or disruptions
• Power Dependency: Emergency calls will not function during power outages unless backup power is provided
• Location Accuracy: You must maintain accurate address information for all phones and devices
• Configuration Required: Emergency services must be properly configured by registering locations with ClearlyIP
• No Automatic Location: Unlike traditional landlines, your location may not be automatically transmitted to emergency services if not properly configured

3.3 Customer Responsibilities

Customer agrees to and is responsible for:

1. User Notification: Informing ALL employees, users, guests, and any person who may use Services about emergency calling limitations
2. Location Registration: Registering accurate physical addresses for all endpoints that may be used to dial 9-1-1 through the ClearlyIP portal
3. Location Updates: Immediately updating location information when any phone or device is moved to a new location
4. Testing: Regularly testing emergency calling functionality by dialing 9-3-3 (test number) to verify location accuracy
5. Backup Plan: Maintaining an alternative means of accessing emergency services (such as a mobile phone)
6. Power Backup: Ensuring adequate backup power for internet equipment and phones if uninterrupted emergency access is required

3.4 Service Failures

Customer acknowledges that emergency services WILL NOT FUNCTION in the following situations:

• Power outages (unless backup power is provided)
• Internet service outages or disruptions
• Equipment failures or malfunctions
• Improper configuration or setup
• Service suspension due to non-payment
• Network congestion or capacity issues
• Any other service outage or technical issue

3.5 Location Requirements

For emergency services to function properly:

• Customer must provide accurate Registered Address information
• Each phone or device that may dial 9-1-1 must have a registered location in the ClearlyIP system
• Moving a phone to a new location without updating the registered address may result in emergency responders being sent to the wrong location
• Customer is solely responsible for the accuracy of all location information

3.6 DISCLAIMER AND LIMITATION OF LIABILITY

4. EQUIPMENT

4.1 Equipment Ownership

Equipment may be sold or rented to Customer:

Purchased Equipment:

• Title and ownership transfer to Customer upon full payment
• Customer is responsible for maintenance, repair, and insurance
• No warranty is provided beyond manufacturer's warranty
• Customer may use equipment with any compatible service provider

Rented Equipment:

• Equipment remains the sole property of PJL Telecom
• Customer has no ownership rights in rented equipment
• Monthly rental fees apply as specified in Customer's invoice
• Customer must return equipment in good condition upon service termination

4.2 Equipment Care and Use

Customer agrees to:

• Use equipment only for its intended purpose in connection with Services
• Protect equipment from damage, theft, and unauthorized use
• Not modify, alter, or tamper with equipment
• Maintain proper environmental conditions (temperature, humidity, ventilation)
• Notify PJL Telecom immediately of any equipment malfunction or damage

4.3 Equipment Damage or Loss

Customer is liable for damage to or loss of rented equipment caused by:

• Customer negligence or misuse
• Theft or unauthorized use
• Failure to properly secure or protect equipment
• Acts of Customer's employees, agents, or third parties
• Any other cause within Customer's reasonable control

In the event of equipment damage or loss, Customer will pay:

• Repair costs for damaged equipment, or
• Full replacement cost if equipment is lost or irreparably damaged

4.4 Equipment Return

Upon termination of Services for any reason, Customer must return all rented equipment:

• Within five business days of termination
• In the same condition as originally provided (normal wear and tear excepted)
• With all accessories, cables, and original packaging if available
• At Customer's expense unless otherwise agreed

Failure to return equipment will result in charges for the full replacement value of the equipment.

4.5 Installation and Configuration

On-Site Installation (Optional):

PJL Telecom offers optional on-site installation services for equipment setup and configuration. On-site installation fees range from $250 to $1,500 depending on complexity, plus actual travel costs incurred by PJL Telecom technicians. Customers must request on-site installation in advance and receive a written quote specifying the total cost.

Self-Installation:

If Customer chooses not to purchase on-site installation services, Customer is responsible for:

• Physical installation and connection of all equipment
• Network configuration to allow equipment to communicate with Services
• Working with Customer's IT staff or third-party technicians as needed

PJL Telecom provides remote technical assistance and configuration support as part of standard support services at no additional charge.

5. NUMBER PORTING

5.1 Porting Numbers to PJL Telecom

Customer may port existing telephone numbers to PJL Telecom's service. To initiate a port:

1. Customer must complete a Letter of Authorization (LOA) form
2. Customer must provide a recent copy of the current phone bill showing the numbers to be ported
3. All information must match exactly (name, address, account number)
4. Customer must have authority to port the numbers and provide proof if requested

Port Timing:

• Simple ports typically complete within 7-14 business days
• Complex ports may take 2-4 weeks or longer
• Port timing depends on the losing carrier's processing speed
• PJL Telecom does not guarantee specific port completion dates

Port Completion:

• Numbers remain active with the old carrier until the port completes
• On the port completion date, numbers become active with PJL Telecom
• Brief service interruption may occur during the port transition
• Customer is responsible for coordinating any necessary schedule changes

5.2 Porting Numbers Away from PJL Telecom

Customer may port numbers away from PJL Telecom to another provider.

Porting Out Process:

• Customer must submit a port request to the new carrier
• PJL Telecom will cooperate with valid port requests
• A per-number porting fee applies as specified in our current pricing at pjltelecom.com/pricing
• Numbers remain active with PJL Telecom until the port completes

5.3 Number Ownership

Customer acknowledges that:

• Telephone numbers are a limited resource assigned by regulatory authorities
• PJL Telecom obtains numbers from carriers and assigns them to Customer for use during active service
• Customer has no ownership rights in telephone numbers
• Numbers must be returned or ported away upon service termination
• PJL Telecom may reclaim unused or inactive numbers after 30 days' notice

6. SERVICE TERM AND TERMINATION

6.1 Service Term

All Services are provided on a month-to-month basis with no long-term contract or commitment required.

Billing Cycle:

• Services are billed monthly in advance
• Billing period runs from the Service Commencement Date each month
• Partial months are billed for the full month (no prorated refunds)
• Service automatically renews each month until cancelled

6.2 Cancellation by Customer

Customer may cancel Services at any time by:

• Submitting a cancellation request through the customer portal at billing.pjltelecom.com
• Emailing [email protected] with "Service Cancellation" in the subject line
• Calling customer support during business hours

Cancellation Terms:

• No cancellation fees or penalties apply
• Cancellation must be received at least 5 business days before the next billing date to avoid charges for the following month
• All billing is for the complete month; no partial refunds are provided for mid-month cancellations
• Service remains active through the end of the current paid billing period
• All rented equipment must be returned within 5 business days of cancellation

6.3 Suspension by PJL Telecom

PJL Telecom may suspend Services immediately without prior notice if:

• Customer's payment fails or account is past due
• Customer initiates a card chargeback, an ACH or other payment reversal, or a dispute with a financial institution on a properly invoiced amount without first raising it with PJL Telecom under Section 7.6
• Customer violates these Terms or the Acceptable Use Policy
• PJL Telecom reasonably believes Services are being used fraudulently or illegally
• Customer's use threatens the security or integrity of PJL Telecom's network
• Required by law or regulatory authority

During suspension:

• Customer cannot make or receive calls or use Services
• Monthly charges continue to accrue
• Services may be restored upon curing the violation and paying applicable fees

6.4 Termination by PJL Telecom

PJL Telecom may terminate Services and these Terms immediately if:

• Customer fails to cure a Default within the specified time period
• Customer's account remains past due for more than 10 days
• Customer repeatedly violates these Terms or the Acceptable Use Policy
• Services are used in a manner that threatens other customers or our network
• Required by law or regulatory authority

Upon termination:

• Customer must immediately cease using all Services
• All unpaid fees become immediately due and payable
• Customer must return all rented equipment within 5 business days
• Customer's telephone numbers will be released and may be reassigned
• PJL Telecom has no obligation to forward calls or provide further service

6.5 Data and Configuration After Termination

This Section governs what happens to Customer's data after Services end. Retention during active service is set out in Section 5.2 of our Privacy Policy, which controls for that period. Upon termination or cancellation:

• Voicemail messages and Customer call recordings that remain on the Cloud PBX System at termination are retained for 30 days, then deleted
• Customer should download any needed voicemail messages before termination
• System configurations will be archived for 90 days
• After 90 days, all Customer data and configurations will be permanently deleted
• PJL Telecom has no obligation to provide data or configurations after deletion

6.6 Termination for Convenience

Either party may end Services for any reason or no reason on thirty (30) days' written notice to the other. Customer may also cancel on the shorter notice in Section 6.2. Where PJL Telecom terminates under this Section, Customer is not charged for any period after the termination date, PJL Telecom will cooperate with the port-out of Customer's numbers during the notice period, and Section 6.5 applies to Customer's data. Termination under this Section is not a Default by either party and does not relieve Customer of any charges accrued before the termination date.

7. FEES, BILLING, AND PAYMENT

7.1 Service Fees

Customer agrees to pay all fees associated with Services as specified in:

• The current pricing posted at pjltelecom.com/pricing
• Customer's account dashboard and invoices
• Any written quotes or proposals provided by PJL Telecom

Fee Types:

• Monthly Recurring Charges (MRC): Fixed monthly fees for Services, features, and equipment rentals
• Usage Charges: Metered charges for international calls, toll-free usage, or other pay-per-use features
• One-Time Charges: Setup fees, number porting fees, equipment purchases
• Taxes and Fees: All applicable federal, state, and local taxes, surcharges, and regulatory fees

7.2 Billing and Invoicing

• Invoices are generated monthly in advance for recurring charges
• Usage charges from the prior month are billed in arrears
• Invoices are emailed to Customer's billing contact
• Detailed billing information is available in the customer portal

7.3 Payment Methods

Customer may pay by:

• Credit card (Visa, Mastercard, American Express, Discover)
• Debit card
• ACH bank transfer
• Check (must be received by due date)

Autopay (Recommended):

• Customer authorizes PJL Telecom to automatically charge the payment method on file
• Charges occur on the invoice date each month
• Customer is responsible for maintaining valid, current payment information
• Customer must update payment information if a card expires or account changes

7.4 Payment Terms

• Payment is due on the invoice date
• Payments received after 2 business days are considered late
• Late payments accrue interest at 1.5% per month (or the maximum rate allowed by law)
• Customer is responsible for all collection costs, including reasonable attorney fees

Failed Payments:

If a payment fails or is declined:

• PJL Telecom will attempt to process payment again after 24-48 hours
• Customer will be notified of the failed payment
• Services may be suspended after 2 days of non-payment
• Services may be terminated after 10 days of non-payment

Chargebacks and Payment Reversals:

A card chargeback, ACH or other payment reversal, or a dispute initiated with a financial institution on a properly invoiced amount, without first raising the dispute with PJL Telecom under Section 7.6, is a breach of these Terms. The reversed amount is treated as past due from the original due date, Section 6.3 applies, and Customer will reimburse any fees the reversal causes PJL Telecom to incur.

7.5 Taxes

Customer is responsible for all taxes associated with Services, including:

• Sales tax, use tax, and excise tax
• Federal Universal Service Fund (USF) charges
• State and local telecommunications taxes and surcharges
• Regulatory fees and assessments
• Any other applicable governmental charges

Tax Exemptions:

• If Customer qualifies for tax-exempt status, Customer must provide valid exemption certificates
• Exemption certificates must be current and compliant with applicable law
• PJL Telecom is not obligated to honor retroactive tax exemptions
• Customer remains responsible for any non-exempt charges

7.6 Billing Disputes

If Customer disputes any charges:

1. Customer must submit a written dispute within 30 days of the invoice date
2. Dispute must be submitted via support ticket at billing.pjltelecom.com or email to [email protected]
3. Include "Billing Dispute" in the subject line
4. Provide detailed explanation of the disputed charges and supporting documentation
5. Customer must pay all undisputed charges while the dispute is being resolved

Dispute Resolution:

• PJL Telecom will investigate and respond within 30 days
• If resolved in Customer's favor, a credit will be applied to the next invoice
• If resolved in PJL Telecom's favor, disputed amounts remain due immediately
• Only invoices from the last 90 days may be disputed

7.7 Price Changes

PJL Telecom may change pricing for Services:

• With 30 days' advance notice for increases to monthly recurring charges
• Immediately for government-mandated taxes, fees, or surcharges
• Immediately for usage-based charges (international rates, toll-free rates, etc.)

Updated pricing will be posted at pjltelecom.com/pricing. Customer's continued use of Services after price changes constitutes acceptance of the new pricing.

8. SERVICE LEVEL AND SUPPORT

8.1 Service Availability Target

PJL Telecom targets 99.9% uptime for Cloud PBX Services, excluding:

• Scheduled maintenance windows
• Outages caused by Customer's internet service or equipment
• Force majeure events
• Issues beyond PJL Telecom's reasonable control

8.2 Standard Support

All customers receive Standard Support, which includes:

Support Channels:

• Email support at [email protected]
• Ticket system at billing.pjltelecom.com
• Telephone support during business hours (Monday-Friday, 9 AM - 5 PM Mountain Time)

Support Scope:

• Troubleshooting PJL Telecom Services and features
• Configuration assistance for Cloud PBX features
• Account and billing questions
• Technical guidance for equipment setup

Support Limitations:

• PJL Telecom is not responsible for troubleshooting Customer's network or internet service
• PJL Telecom is not responsible for configuration issues with third-party equipment
• If issue is determined to be outside PJL Telecom's scope, Customer must work with their IT staff or other vendors

Scope of Included Support:

Standard Support covers the configuration and troubleshooting of Services and features that are already provisioned on Customer's account: adjusting routing, hours, menus, users, extensions, and settings that exist today. It does not cover the creation of capability that does not yet exist, such as building a new integration, custom reporting, custom software or scripting, a new feature, or a change to how the Cloud PBX System works. Requests of that kind are project work. PJL Telecom will identify them as such and provide a written estimate before starting, and no such work is performed or billed without Customer's written approval of the estimate. If it is unclear which side of that line a request falls on, PJL Telecom decides in good faith and tells Customer before proceeding.

Response Times:

• Critical issues (complete service outage): Response within 2 hours during business hours
• High priority issues (significant service degradation): Response within 4 hours
• Normal priority issues: Response within 1 business day
• Low priority issues (questions, requests): Response within 2 business days

8.3 Premium Support (Optional)

Premium support plans with 24/7 availability, faster response times, and dedicated support staff may be available for an additional fee. Contact sales for information.

9. INTELLECTUAL PROPERTY

9.1 PJL Telecom Property

All intellectual property rights in Services, including software, systems, documentation, trademarks, and trade secrets, are and remain the exclusive property of PJL Telecom or its licensors.

Customer receives a limited, non-exclusive, non-transferable license to use Services solely for Customer's internal business purposes during the term of service. No other rights are granted.

9.2 Customer Data

Customer retains all rights to data, content, and information uploaded or transmitted through Services ("Customer Data"). Customer grants PJL Telecom a limited license to use Customer Data solely to provide Services and as described in our Privacy Policy.

9.3 Feedback

If Customer provides suggestions, ideas, or feedback to PJL Telecom, Customer grants PJL Telecom a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation or attribution.

9.4 Access to Customer Content

PJL Telecom personnel will access the content of Customer's stored call recordings, voicemail, faxes, and AI-generated transcripts and summaries only:

• At Customer's request or with Customer's consent, for example to resolve a support ticket
• To the extent necessary to diagnose a fault, to investigate suspected fraud, abuse, or a security incident, or to protect the integrity of the Services
• As required by law or legal process

Access is limited to personnel who need it for one of those purposes. PJL Telecom does not review Customer content for any other purpose, does not use it to train artificial-intelligence models, and does not disclose it except as described in our Privacy Policy.

10. WARRANTIES AND DISCLAIMERS

10.1 Limited Warranty

PJL Telecom warrants that Services will be provided in a professional manner consistent with industry standards. This warranty is Customer's sole remedy for any service deficiencies.

10.2 DISCLAIMER OF WARRANTIES

10.3 Third-Party Services

PJL Telecom is not responsible for:

• PSTN services provided by ClearlyIP (subject to separate agreement)
• Customer's internet service provider
• Customer's equipment or network
• Third-party applications or integrations
• Any other services not directly provided by PJL Telecom

11. LIMITATION OF LIABILITY

11.1 Exclusion of Consequential Damages

11.2 Cap on Liability

11.3 Exceptions

The limitations in this Section 11 do not apply to:

• Customer's payment obligations
• Customer's indemnification obligations
• Damages caused by Customer's gross negligence or willful misconduct
• Violations of intellectual property rights
• Any liability that cannot be limited under applicable law

12. INDEMNIFICATION

12.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless PJL Telecom, ClearlyIP, and their respective officers, directors, employees, agents, suppliers, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

1. Customer's Use of Services: Any use or misuse of Services by Customer or Customer's users
2. Violations: Customer's violation of these Terms, the Acceptable Use Policy, or any applicable law
3. Unauthorized Access: Unauthorized access to Services through Customer's account or equipment, regardless of whether Customer had knowledge of such access
4. Third-Party Claims: Claims by third parties arising from Customer's use of Services
5. Customer Data: Claims that Customer Data infringes or violates any third-party rights
6. Equipment: Damage to or loss of equipment while in Customer's possession
7. Emergency Services: Claims related to emergency services, including inability to reach 9-1-1, misrouting of emergency calls, or emergency service failures
8. Call Recording and Monitoring: Claims arising from Customer's recording or monitoring of calls, including any failure to obtain consent or give notice required by law (Section 1.5)
9. Prohibited Data: Claims arising from the presence of Prohibited Data in the Services (Section 2.5)

12.2 ClearlyIP Services

Customer acknowledges that PJL Telecom is not liable for services provided by ClearlyIP under a separate agreement. Customer's exclusive remedies for PSTN services are against ClearlyIP under that agreement.

12.3 Indemnification Process

If a claim subject to indemnification is brought:

• The indemnified party will promptly notify the indemnifying party
• The indemnifying party will assume control of the defense
• The indemnified party will cooperate reasonably in the defense
• The indemnifying party will not settle without the indemnified party's consent

13. ACCEPTABLE USE POLICY

Customer must comply with our Acceptable Use Policy, available at pjltelecom.com/acceptable-use. Key provisions include:

13.1 Prohibited Activities

Customer may not use Services to:

• Engage in illegal activities or violate any laws or regulations
• Transmit spam, unsolicited communications, or bulk communications without consent
• Make threatening, harassing, defamatory, or abusive communications
• Infringe intellectual property rights or violate privacy rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to systems or networks
• Interfere with or disrupt Services or other customers' use
• Resell or redistribute Services without authorization
• Use automated dialing systems without proper consent and compliance
• Engage in fraudulent activity or impersonate others

13.2 Enforcement

Violations may result in:

• Warning notice
• Immediate service suspension
• Permanent service termination
• Legal action and reporting to authorities
• Financial liability for damages caused

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between Customer and PJL Telecom regarding Services and supersede all prior agreements, representations, and understandings.

14.2 Amendments

PJL Telecom may modify these Terms at any time. Material changes will be effective on the first day of the month following posting. Customer's continued use after changes constitutes acceptance. Handwritten alterations by Customer are not valid.

14.3 Assignment

Customer may not assign or transfer these Terms or any rights hereunder without PJL Telecom's prior written consent. PJL Telecom may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.5 Waiver

No waiver of any provision shall be deemed a waiver of any other provision or subsequent breach. Failure to enforce any right does not constitute a waiver of that right.

14.6 Force Majeure

PJL Telecom is not liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, riots, government actions, internet failures, telecommunications failures, or other force majeure events.

14.7 Governing Law

These Terms are governed by the laws of the State of Colorado and applicable federal law, without regard to conflict of law principles.

14.8 Venue and Jurisdiction

Any dispute arising from these Terms must be brought exclusively in the state or federal courts located in Colorado. Customer irrevocably consents to the jurisdiction of such courts and waives any objection to venue.

14.9 Dispute Resolution

Before filing any legal action, the parties agree to attempt to resolve disputes through good faith negotiations. Either party may request mediation before a mutually agreed mediator. If mediation fails, either party may pursue legal remedies.

14.10 Attorney Fees

In any legal action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs.

14.11 No Third-Party Beneficiaries

These Terms are for the benefit of PJL Telecom and Customer only and do not create any rights for third parties.

14.12 Notices

All notices must be in writing and sent to:

• PJL Telecom: [email protected] or billing.pjltelecom.com
• Customer: The email address on file in Customer's account

Notices are effective when sent to the correct address.

14.13 Survival

Sections that by their nature should survive termination (including Sections 1.5, 2.5, and 9.4, payment obligations, intellectual property, warranties, limitations of liability, indemnification, and dispute resolution) shall survive any termination or expiration of these Terms.

14.14 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." "Or" is not exclusive. References to sections refer to sections of these Terms.

14.15 Authority

The person accepting these Terms on behalf of Customer represents and warrants that they have authority to bind Customer to these Terms.

15. CONTACT INFORMATION

For questions about these Terms or Services:

PJL Telecom LLC
Email: [email protected]
Support Portal: billing.pjltelecom.com
Website: pjltelecom.com

Business Hours:
Monday - Friday: 9:00 AM - 5:00 PM Mountain Time

ACKNOWLEDGMENT

By using PJL Telecom's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

End of Terms of Service