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Terms, Conditions, Warranty, and Acceptable Use

Terms, Conditions, & Warranty

General Warranty Policy

ECR offers a 30-day warranty from the date of delivery. No warranty repair will be performed after 30 days from the completion date of the previous repair. Any damage caused by mishandling or improper use will result in immediate voidance of all warranty terms.

Upon delivery, we will demonstrate that the repair is complete and that all parts and software are functioning properly after services are rendered. In the event of user-based negligence that results in further malfunctions in your equipment, all warranty claims are null and void. If problems arise after service, responsibility is determined solely by ECR.

Hardware Warranty

ECR does not provide any warranty on hardware sold.  Warranty is provided solely by the hardware manufacturer. ECR will assist with working with the hardware manufacturer to facilitate warranty repair/replacement. If the hardware failed within the first 30 days of purchase, there will be no cost, if the hardware failure is outside the first 30 days of purchase, regular labor rates will apply.

Used Equipment Warranty

ECR does not provide a warranty on used Desktop and Laptop computers as they are provided for free and the cost only includes any labor or components to make the equipment functional.  Used components sold will have a 30-day return/replacement warranty.

Loss of Data

ECR engineers and representatives care about your data and are instructed to retain and save any and all data wherever possible, however, ECR will not be held legally liable for any data loss. We do this as a courtesy to our clients, but we offer no guarantees.

Electronic computer equipment is sensitive by nature; We have a total of over 80 years of combined experience with data backup and will do everything we can to ensure no data is lost, however, ECR and its engineers and representatives are not responsible for the loss of any data which may occur while performing work on your equipment. PLEASE BACKUP YOUR DATA ACCORDINGLY. You may request that ECR backup and restore your data for you; however, we do not guarantee the success of any backup.

Laptop component repair

Laptop component repair requires dedication and precision, training, and experience. No matter how experienced the technician, however, results cannot be guaranteed to last forever due to hardware limitations, i.e., poor architecture design combined with poor build quality... which can often lead to a recurrence of the problem later down the road. We warranty our work for 30 days with free repair if the same problem recurs within those 30 days.

Additional Costs

Be aware that certain repairs, including but not limited to virus and spyware removal, may damage software and/or data installed on your computer and may require re-installation of your operating system, programs, and/or data, resulting in additional work and expense. ECR will first call and obtain your approval before proceeding with any such work.

If the work is being performed remotely (using our remote access tool), we will visit the client onsite and may bring the computer back to our facility. If that is impractical due to geographical constraints the client will need to ship the computer to our shipping address.

Limitation of Liability

ECR accepts limited liability for equipment belonging to you, the end-user, only in the event of damage that is determined to be caused by our negligence. We are not responsible for any aesthetic damages to your equipment including, but not limited to scratches, scuffs, or cracks. The following limitations and exclusions will apply regardless of the nature of the claim. In no event will ECR be liable for any claim arising out of or related to this agreement in excess of the amounts ECR has been paid. In no event will ECR be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, loss of use, loss of business, loss of revenue, or loss of data because of this agreement or our services. Neither party shall be liable for any acts or omissions of third parties.

Disaster Recovery/Data Backup Service

ECR does not warranty or guarantee the stability, security, or integrity of data backed up through our backup plans. We do perform an extensive vetting process and test the vendor's system prior to offering plans to our customers. We have never had a data loss with any of our Cloud Backup vendors; However, In the event of data loss, we will make every effort to negotiate a recovery, though recovery may not be possible. It is also the customer's responsibility to check their backup to ensure that their devices are getting backed up on a regular basis.

Virus/Malware Software

ECR does not warranty or guarantee the stability or security of installed Antivirus/Antimalware software installed whether obtained from us or a third party.  We will ensure that every effort is made that the software is installed and working correctly.  It is the customer's responsibility for monitoring that it continues to work properly.

Privacy

ECR and individuals associated with ECR will not browse through your hard drive looking at your data; however, we may inadvertently see data during the course of our work. It is the end user's responsibility to properly secure all confidential or otherwise sensitive documents prior to having equipment serviced. Thus, ECR is not liable for any claim of fraudulent charges associated with credentials stored on your equipment, nor are we liable for charges associated with the viewing of confidential documents. In addition, if any data that is found violates Federal, State, or Local laws, authorities will be contacted immediately.

Right to Refuse

ECR reserves the right to refuse work, at our sole discretion. ECR may still bill for previous services rendered even after refusal for future services.

Disclaimer

Service pricing is subject to change without notice. Call ECR for current prices.

 

Acceptable Use Policy

The purpose of our Acceptable Use Policy is to ensure that all our customers.

  • can access our services, and
  • do not use our services in a manner that we consider ‘unreasonable’ or ‘unacceptable’.

In addition, the Acceptable Use Policy sets out your responsibilities when you use our service. It also confirms steps we may take to ensure and monitor compliance with this policy as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

It also explains how we provide certain services to you, as well as what steps we take to manage our network in times of congestion.

The Acceptable Use Policy applies to all our services.

General

As a business customer, including a small to medium business customer, our services are for your use in the ordinary course of business.

You may not use the service in a manner that is ‘unreasonable’ or ‘unacceptable’.

Unreasonable use

We consider your use of the service unreasonable if you use it in a manner that is other than it was intended for.

Here are some examples of uses that we consider ‘unreasonable’. This is not intended to be an exhaustive list:

  • as a customer, including a small to medium business customer, using the service in a way which could not be reasonably regarded as ordinary business use.
  • using the service for fraudulent purposes.
  • abnormal or excessive use of back to base services.
  • using the service in connection with a device that switches or re-routes calls to or from our network to another carrier’s network without our express permission.
  • wholesaling any service or using the service in connection with any device that switches or reroutes calls potentially keeping a line open for hours.
  • using the service to wholesale supply of any service (including transit, refile, or aggregate domestic or international traffic) on our network.
  • calling numbers to make indirect calls through other providers (e.g., through a calling card).
  • using the service for the purposes of arbitrage.
  • using the service in connection with a device that automatically dials numbers either from a list or is generated randomly.
  • using the service to make or receive calls on our network for the purposes of resale, resupply, or commercial exploitation; or
  • using the service for continuously call forwarding or multiple simultaneous calling.
  • using the service for anything which is not the standard person-to-person communication.

Unacceptable use

You may not use our services in any manner which improperly interferes with another person’s use of our services or for illegal or unlawful purposes. You may not use any equipment or devices on our network which have not been approved by us. We consider the use of our services or unauthorized equipment in this way to be unacceptable.

Here are some examples of uses which we consider ‘unacceptable’. This is not intended to be an exhaustive list:

  • if you provide us with false user information to use the service.
  • using any equipment or device on our network which has not been authorized by us.
  • using the service to make unsolicited or unwanted commercial calls to individuals or businesses.
  • using the service to gain improper access to another person’s private or personal information.
  • using the service to distribute or make available indecent, obscene, offensive, pornographic, illegal, or confidential material.
  • using the service to defame, harass or abuse anyone or violate their privacy.
  • contravening any applicable laws when you use the service.
  • using the service to communicate with emergency service organizations where an emergency situation does not exist.
  • using the service to distribute or make available material that is misleading or deceptive as to your identity.
  • infringing any person’s intellectual property rights, including copyright, when you use the service.
  • using the service in a way that interferes or disrupts the service, any computer system access through it, or any other person’s use of it.
  • using the system to purposefully distribute spam, phishing, malware, and other types of malicious files.

Monitoring Compliance

We are under no obligation to monitor your calling. However, we may from time-to-time monitor transmissions to protect our network, our other customers, and the general public as well as to ensure you are complying with the terms of this policy. We may need to disclose any findings as required to regulatory authorities.

We take active steps to minimize the amount of unreasonable use of our network, which may include:

  • Restricting your ability to make and receive calls.
  • Limiting your access to the service.
  • Requiring you to rectify any misconfigured mail and/or proxy servers.

We may provide your username, IP address, or identifying material to law enforcement authorities when required to do so.

VoIP Usage Fair Use

This is applied to Unlimited Extensions Only. All calls except those to other ECR VoIP customers are subject to a limit of 1000 minutes within the United States and Canada, each month (per extension). Excess minutes cannot be carried over. This fair use limit is calculated on the average minute usage of all customers over a six-month period and divided by the number of extensions active during that period. If you exceed the limit infrequently, you will not be notified or subject to additional charges.

However, if you exceed the fair use limit of three months consecutively, we reserve the right to offer you an alternate service plan. In addition, you may be requested a per minute surcharge, if your usage exceeds normal use or our fair usage allowance limits (you are never automatically billed over-usage without your prior knowledge and acceptance).

As a fraud and security measure, calls exceeding 8 hours in length may be subject to disconnection.

Breach of the Acceptable Use Policy

If you breach any part of this Acceptable Use Policy, we will contact you and, if appropriate, ask you to modify your use of the service. If you do not modify your use of the service, we may suspend or cancel your service without notice to you.

However, in certain circumstances such as illegality, or non-ordinary use, we reserve the right to suspend or cancel your service immediately and without notice to you.

Upon cancellation of an account, we are authorized to delete any files, data, or information associated with the account.

 

Termination Policy

All verbal and written Managed Services Agreements require a 30-days notice to terminate services. If terminating Managed Voice-over-IP, we will only provide the PIN for porting the telephone numbers away after the account is current and the following month has been paid in full.

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