Terms and ConditionsGeneral Service Agreement – Conditions of Use
Essential Integrated Systems provides telecommunication services described in greater detail on this web site (www.essentialintegratedsystems.com) (the “Service”) to you (the “End User”) subject to the following conditions. By accessing this site and/or registering or using the Service, the End User acknowledges receiving, reading and understanding this General Service Agreement (the “Agreement”) and accepts the terms and conditions herein. If you do not agree to these Conditions of Use, please do not use our site or the Service. We reserve the right, at our discretion, to update or revise these Conditions of Use. Each time you log in or otherwise access this site or use the Service following the posting of any changes to the Conditions of Use, you hereby accept these changes regardless of whether you have checked or visited the Conditions of Use portion of the site. These Conditions of Use govern the use of our site by viewers and other users.
You are solely responsible for your actions and the content of your transmissions through or in connection with the Service, it being understood that each employee acts on behalf of any company with which such employee is associated in all actions and submissions on or in connection with the Service. You agree:
(a) To abide by all applicable local, state, national, and international laws and regulations in your use of the Service;
(b) Not to use the Service for illegal purposes;
(c) not to use or attempt to use another person's or entity's account, telephone number, service, system or other Confidential Access Information without authorization from the owner;
(d) To comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);
(e) Not to “stalk”, threaten, or harass anyone through, in connection with, or utilizing any data collected through the Service;
(f) that we neither endorse the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Service;
(g) Not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and
(h) Not to attempt to obtain unauthorized access to the Service.
Essential Integrated Systems may, in its sole discretion, immediately terminate your access to the Service and/or this site should your conduct fail to conform to any provision of this Agreement.
3. Prohibited Uses
Any End User's use of the Service or any other action that causes a disruption in the network integrity of Essential Integrated Systems or its vendors, whether directly or indirectly is strictly prohibited and could result in termination of the Service and/or payment for damages relating to such conduct. The End User understands that neither Essential Integrated Systems nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Service. The End User agrees that it will NOT use the Service in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The End User agrees and represents that it is using the Service for its own internal use only, and shall not resell the Service thereof. The Service is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.
4. Changes to the Agreement and Service
Essential Integrated Systems may change the terms and conditions of this Agreement from time to time and at its discretion without prior notice. Essential Integrated Systems reserves the right to change, suspend or cancel the Service, temporarily or permanently, with or without notice to the End User. Essential Integrated Systems will not be liable to the End User or any third party in the event that Essential Integrated Systems exercises its right to modify or discontinue the Service.
5. Telephone Numbers
Any telephone number provided by Essential Integrated Systems (the “Number”) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The End User is not to use the Number with any other device other than the approved equipment (the “Equipment”) without the express written permission of Essential Integrated Systems. Essential Integrated Systems reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the Service, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by Essential Integrated Systems.
Essential Integrated Systems does not currently charge any fees to use the Service. Essential Integrated Systems reserves the right to change this policy at its sole discretion without prior notice. The End User is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the Service.
7. Technical Support
Essential Integrated Systems provides the End User with technical support at its sole discretion and as limited to the Service and the Equipment provided hereunder. Technical support is rendered from Essential Integrated Systems premise, as available, via email.
Essential Integrated Systems reserves the right to, in its sole discretion, to terminate your access to all or part of this site or the Service, with or without notice. Essential Integrated Systems will not be liable to you or any third party for termination of the Service.
The End User agrees to defend, indemnify and hold harmless Essential Integrated Systems, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys' fees.
10. Critical Components
Essential Integrated Systems DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY FUNCTIONS.
11. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, Essential Integrated Systems disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Essential Integrated Systems does not warrant that this site, its servers, the Service or e-mail sent from Essential Integrated Systems are free of viruses or other harmful components. Essential Integrated Systems will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Essential Integrated Systems has been advised of the possibility of such damage. Essential Integrated Systems makes no representations or warranties of any kind express or implied, as to the operation of this site and/or the Service or the information, content, materials, or products included on this site. Essential Integrated Systems makes no warranty that:
(i) This site or the Service will meet your requirements,
(ii) This site or Service will be uninterrupted, timely, secure, or error-free,
(iii) The results that may be obtained from the use of this site or Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through this site or Service will meet your expectations, and
(v) Any errors in this site or the Service will be corrected.
Essential Integrated Systems will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the Service. You understand and agree that the use of this site and/or the Service is at your sole risk and discretion and is on an "as is" and "as available" basis. You also understand and agree that you will be solely responsible for any damage resulting from your use of this site or the Service, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.
12. No Consequential Damages
In no event shall Essential Integrated Systems, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the End User in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Essential Integrated Systems was informed of the likelihood of any particular type of damages.
13. Remedies for Breach of these Terms by You
In the event that Essential Integrated Systems determines, at its sole discretion, that you have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, Essential Integrated Systems reserves the right to (i) warn you via email that you have violated these Conditions of Use; (ii) delete any or all content provided by you or your agent(s) to this site, (iii) discontinue your access to the Service or site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Essential Integrated Systems deems to be appropriate.
14. Copyrights and Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Essential Integrated Systems or its content suppliers (the “Intellectual Property”) and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Essential Integrated Systems and protected by international copyright laws. You may not post to this site, use the Service and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. You have the burden of determining whether any information, software, images or any other content on this site is not protected by any Intellectual Property.
When you register as a member of Essential Integrated Systems, you will be required to provide us with your End User I.D., and password other confidential access information (“Confidential Access Information”).
Except as provided herein, Essential Integrated Systems will not sell to any third party your name, address, email address and End User I.D., unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. Essential Integrated Systems grants to third parties providing technical services to us access to our database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions. Your informed consent shall be in the form of an "opt in" or similar policy. In addition, Essential Integrated Systems may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and End User I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of Essential Integrated Systems.
You are responsible for maintaining the confidentiality of your “Confidential Access Information”. You shall be responsible for all uses of your Confidential Access Information, whether or not authorized by you. You agree to immediately notify Essential Integrated Systems of any unauthorized use of your Confidential Access Information.
16. Linking to the Site
You may provide links only to the splash page of this site (located at www.Essential Integrated Systems.com, provided (a) you do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) you give Essential Integrated Systems prior written notice of such link by sending an e-mail to firstname.lastname@example.org, and (c) you discontinue providing links to this site if notified by Essential Integrated Systems.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Essential Integrated Systems may assign its rights and obligations under this Agreement, and upon such assignment Essential Integrated Systems may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by Essential Integrated Systems as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of Essential Integrated Systems, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.
18. Consent to Receive Electronic Documents
By accessing this site and using the Service, you are agreeing to receive electronic documents, billing reports, statements and records (“electronic records”) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to you to the email account that you provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to you. By accessing this site and using the Service, you are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. You may request a paper copy of any electronic record that we send you by sending an email request to email@example.com or by sending a written request to Essential Integrated Systems, ATTN: Unit 1404/ 14/F, Kam Chung Bldg, 52-58 Jaffe Road, Wan Chai, Hong Kong. You will be charged $10.00 for every paper record that you request prior to your cancellation of consent.
You represent to Essential Integrated Systems that you have the authority and capacity to understand and agree to these Conditions of Use. You acknowledge (a) that you have read and understood these Conditions of Use; and (b) that these Conditions of Use have the same force and effect as a signed agreement.