Last Updated December 31, 2021

The application of these Terms & Conditions will commence on the date on which the Client first requests provision of goods &/or services from Modern Telecom, and shall continue until terminated in accordance with these Terms & Conditions.

Our Agreement

The supply of goods and/or the performance of services by Modern Telecom is subject to the following terms and conditions. When you purchase or receive goods and/or services from Modern Telecom, you irrevocablly accept these terms and conditions.

Unless otherwise agreed by us prior in writing, these Conditions apply to all provision of services and goods by us to you and cannot be varied, amended, or supplemented by any other terms and conditions.

1. Definitions
   • "Business Hours" means Monday to Friday 9am to 6pm CST time, excluding public holidays;
   • "Conditions" means these Terms and Conditions;
   • "We", "Us" or "Our" means Modern Telecom while "Customer", "Client", or "You" means the entity whom shall be treated as a business or domestic client who requests goods &/or services from us;
   • "Goods" means any product or software supplied by us to you, while "Services" means all services performed by us for you;;
   • "Hardware" means all related equipment, related parts, related peripherals, or related accessories;
   • "On-site" means a location that you determine that Modern Telecom visits in order to deliver goods and/or perform services.
2. Quotes
   • Quotes given verbally by Modern Telecom are intended as a guide only. Verbal quotes are based on limited information provided by the customer and do not constitute an assurance that the service or product will be sold or supplied at that price. Modern Telecom will attempt to inform the client of all price options prior to beginning any work based on the information given by the client.
   • Written quotes given by Modern Telecom guarantees that the service or product will be provided at that price. Written quotes are valid for a period of 14 calendar days.
   • Pricing communicated on advertising is valid only for the period stated on the advertising material or at the date of publication and may or may not be honored at the discretion of Modern Telecom.
   • Quotes that require diagnostics will incur a charge as outlined in Section 4 Point 3, which is waived if you hire us for a service. Purchase of goods only does not absolve our diagnostic fee.
   • Although a quoted price might exclude taxes, the invoiced total amount payable to Modern Telecom will include taxes.
3. Subscription Services
   • Where the quotation includes subscription services, the quotation should be interpreted as a fixed term commitment including any renewal periods. Where no term is specified, the term is assumed to be 12 months with a 12 month renewal at the end of the first and each subsequent term.
   • If the subscription services are resale of a third partys service, the supply of the subscription services will be on the third partys terms and conditions as published by the relevant third party.
   • VoIP is a Prepay Service.
     • Once you sign up for a VoIP account, all services that you purchase are to be pre-paid in advance. This includes calling, system extras, add-ons, equipment purchases, number porting, and any setup fees. You will need to ensure that your account is always ahead to ensure there is no disruption to your calling service.
     • Our VoIP plans are a prepay service just like many other cloud services and subscriptions available today.
4. Payment and Charges
   • Onsite payment for goods and services must be made by cash, credit/debit card, or Apple/Android Pay. Cards that are tapped or inserted will attract a Merchant Fee of 3%. Cards that are keyed in manually will attract a Merchant Fee of 5%.
   • ACH payments may be accepted by us at our sole discretion on a NET10 basis and is only offered to business client's. Apply here.
     • In the event that you fail to pay for goods or services invoiced by the due date, we will charge you interest on the total due at the rate of 10% of the original invoice total calculated monthly until paid in full. We may choose to cease or suspend the provision of further goods or services to you until prior invoice is settled.
     • If customer is more than sixty (60) days overdue for payments that have not been disputed in good faith, we may assign unpaid delinquent charges to a collection agency for action. In the event we resort to legal action to recover monies due, customer agrees to reimburse us for all expenses incurred to recover such monies (including attorneys fees).
   • Unless otherwise agreed with Modern Telecom, there is a 1 hour minimum charge that must be paid in advance before any work is performed and all visits are chargeable. Diagnostic fee is equal to 1 hour. Charges are applied as follows:
     • $90/hour (1 hour minimum, 30 minute increments thereafter) during business hours – Mon thru Fri, 9 AM to 6 PM,
     • Time and a half applies for outside business hours and weekends, while double-time applies for holidays, and;
     • Hourly rates applies to travel time for visits outside of our service area, base to location.
   • We will advise as early as possible if there is a change in the costs incurred by us relating to the goods or services. We reserve the right to change the price charged in such an event.
   • Our Primary Service Area includes premises located in Gainesville, TX. For customers not located within our Primary Service Area, travel time (there and back) is chargeable at the applicable hourly support rate.
   • All goods remain the property of Modern Telecom until amounts payable to us are paid in full. You are financially responsible for any damage, theft, or otherwise in respect of the goods immediately upon delivery of the goods to the premises designated by you.
5. Service and Repairs
   • We will make every attempt to complete all work onsite, however it may be necessary to return product to our base for service.
   • Dates stated by Modern Telecom for delivery of goods &/or services serve as an estimate only; not a contractual commitment.
     • All reasonable attempts to deliver goods or services to you by an agreed date will be made, however we will not be held liable for any delays caused by matters outside our control.
   • Technology can be complicated. You agree that problems can sometimes be more complex and involved than initially diagnosed.
   • You agree that we may replace goods with refurbished goods without notification rather than repairing any faulty part.
   • Loss of data is always a risk and we are not responsible for such loss. We adivse you to make backups prior to any service.
6. Guarantee
   • If we are unable to provide a solution for your problem due to insufficient technical expertise, we will not charge you for the service as per our "No Solution, No Charge" guarantee. If we advise that a solution requires an upgrade of software or replacement of hardware and you choose not to follow this course of action, you recognize that we have met our commitment to provide a solution to your problem, whether or not you choose to go ahead with that solution.
   • If you provide hardware for a service which is determined to have pre-existing damage or other problems, you acknowledge that we cannot assume responsibility for any resultant damage or problem.
   • We shall honor all terms, conditions and obligations as applicable by State laws concerning the supply of the goods and/or the performance of the services. These Conditions do not seek to limit, modify, restrict, or exclude such terms, conditions or obligations. Our warranty and guarantee supplement your statutory rights and remedies only.
7. Client Responsibilities
   • Unless otherwise agreed in writing with Modern Telecom, you must ensure a person of at least 18 years of age is present.
   • Client agrees to provide Modern Telecom and its personnel access to the Clients premises and any such information and equipment as is reasonably necessary to enable our technology specialists to provide the goods &/or perform the services.
   • Unless otherwise agreed in writing with Modern Telecom, you must provide our technology specialists with original installation media and product keys for any installations that require them.
8. Return & Exchange Policy
   • To the extent permitted by law, no claim for return of goods will be recognized by Modern Telecom unless received by Modern Telecom within five (5) days of Client receipt of goods. Goods procured by Client instructions or specifications are non-returnable and opened goods are non-returnable.
     • Goods can only be returned if authorized by both the relevant manufacturer or distributor and Modern Telecom. Charges may apply. Goods must be returned in the same condition as they were delivered and we reserve the right to charge you for any costs or losses incurred as a result of the return.
   • Software defects are not covered by any warranty, but may be covered by the warranty of the individual software publishers as set out in the materials accompanying it; opened software is never refundable.
   • Sales of non physical goods and services sold are final and as is. No refunds, credit, or exchanges will be given.
9. Limitation of Liability
   • To the fullest extent permitted by law, Modern Telecom excludes all warranties, guarantees, and conditions, whether arising in contract, negligence or otherwise arising out of or in connection with the supply of goods &/or services. To the extent that any warranty, guarantee or condition cannot be excluded, Modern Telecom limits its liabilities for a breach of an express or implied term, condition, guarantee or warranty to one of the following at the option of Modern Telecom:
     • In the case of provision of goods to the: (i) replacement of the goods; (ii) repair of the goods; (iii) cost of replacing the goods; or (iv) cost of repairing the goods; and
     • In the case of performance of services to the: (i) supplying of the services again; or (ii) cost of supplying the services again.
10. Consequential Loss
    • To the extent permitted by law, Modern Telecom excludes all liability for any indirect or consequential expenses, losses, damages or costs incurred by or awarded against the Client arising in any way out of or in relation to the supply of goods &/or services (even if due to the negligence of Modern Telecom).
11. Force Majeure
    • A party will not be liable for any failure or delay in the performance of its obligations under these Terms & Conditions if that failure or delay is due to force majeure, however, this clause does not apply to any Client obligation to pay money for goods provisioned or services performed by Modern Telecom prior to such force majeure event.
12. Termination
    • Where the Customer:
      • makes default in any payment or breaches any of these Terms;
      • becomes unable to pay its debts as and when they fall due; or
      • commits an act of bankruptcy or, being a company, enters into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up,
    • Modern Telecom may without prejudice to any of its rights or remedies under these Terms or otherwise by notice to the Customer:
      • suspend further supply and require payment in advance for future supply;
      • recover possession of any Product for which payment has not been made;
      • terminate all or any orders for goods or services which have been accepted by us;
      • claim immediate payment of all moneys due by the Customer in respect of all goods &/or services which will then be immediately due and payable notwithstanding the due date or dates for payment or any terms agreed by us; &/or
      • continue to enforce its rights and recover from the Customer such payments and any other amounts owing as and when they fall due.
13. Law and Jurisdiction
    • These Terms and Conditions is governed by and must be construed according to the laws in Texas. The Parties hereby irrevocably submit to the jurisdiction of the courts of Gainesville Texas, county of Cooke.
14. Dispute Resolution
    • Any dispute, controversies, or claims (collectively Dispute) arising out of or relating to these Terms and Conditions, agreement, or contract between the parties shall be resolved by arbitration through negotiations between senior executives of the parties.
    • The parties agree to negotiate their differences directly and in good faith for a period of no less than forty-five (45) days after receiving written notification of the existence of a Dispute.
    • If a Dispute is not resolved within forty-five (45) days, the parties agree to submit their Dispute to a licensed attorney that is an experienced mediator and is located in Cooke County, Texas to work with them to resolve their differences utilizing non-binding mediation. If after non-binding mediation occurs, the dispute is not resolved, the parties are free to exercise all other legal and equitable right.
15. Severability
    • Any provision of these Terms & Conditions which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability without invalidating the remaining provisions of these Terms & Conditions.