Stratihost Hosted Phone Additional Terms and Conditions
1. Incorporation of Terms
THE CUSTOMER’s current, or most recently expired fully executed Stratihost Hosted Voice Service Agreement and conditions set forth on this webpage constitute the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
2. Terms and Termination
a. This Agreement will be effective on the date that the last party signs this Agreement below (“Effective Date”) and will continue in effect for a period from the date the agreement is signed by both parties, and for one year thereafter renewing on the anniversary of the Effective Date (“Renewal Period”), unless it is terminated in accordance with the provisions of this Agreement.
b. Either party may terminate this Agreement for cause with 30 days’ written notice if the other party materially breaches the Agreement and fails to cure the breach within that period. Otherwise, the CUSTOMER may cancel this agreement at least 30 days prior to the beginning of any Renewal Period.
c. Stratihost reserves the right to suspend or terminate services immediately in the event of non-payment by the Customer. All outstanding fees shall become immediately due upon termination.
d. The Customer is responsible for any costs associated with the collection of an delinquent fees.
3. Limitation of Liability
Stratihost shall not be liable for indirect, incidental, or consequential damages. Total liability under this Agreement shall not exceed the total amount paid by the Customer in the 6 months preceding the claim.
4. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
5. Data Privacy and Confidentiality
a. Stratihost values your privacy and will never sell or share your information, including your phone number, message content, and opt-in data, with third parties for marketing or promotional purposes.
b. We may share your information with trusted third-party service providers who assist us in operating our business or provide you support, as long as they agree to keep this information confidential. We may also disclose your information if required by law or to protect our rights.
6. Force Majeure.
a. Neither Party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) due to causes beyond its reasonable control, including but not limited to:
i. Acts of God (e.g., earthquakes, floods, fires)
ii. War, terrorism, or civil unrest
iii. Governmental actions or regulations
iv. Pandemics or epidemics
v. Labor disputes or strikes
vi. Power outages or utility failures
vii. Internet or telecommunications outages
viii. Cyberattacks, denial-of-service attacks, or other malicious interference
b. The affected Party shall:
i. Promptly notify the other Party in writing of the Force Majeure Event.
ii. Use reasonable efforts to mitigate the impact and resume performance as soon as practicable.
iii. If the Force Majeure Event continues for more than thirty (30) consecutive days, either Party may terminate this Agreement with written notice. In such cases, any prepaid but unused fees shall be refunded on a pro-rata basis.
7. Arbitration
a. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or validity, shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (https://www.adr.org/industries/commercial/), including the Expedited Procedures for claims under $75,000.
i. The arbitration shall be conducted by a single arbitrator.
ii. The place of arbitration shall be Austin, Texas, and the proceedings shall be conducted in English.
iii. The arbitrator shall apply the substantive law of the State of Texas.
iv. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
b. Arbitration Confidentiality.
All aspects of the arbitration shall be kept strictly confidential. This includes the existence of the arbitration, any disclosures made during the proceedings, and the final award. The parties agree not to disclose any information related to the arbitration to any third party, except as required by law or to enforce the arbitration award.
c. Waiver of Class Actions.
The parties waive any right to a jury trial and agree that any arbitration shall be conducted solely on an individual basis, and not as a class, consolidated, or representative action.
d. Optional Mediation.
Prior to initiating arbitration, the parties agree to attempt to resolve the dispute through mediation administered by the AAA. If mediation is not successful within 30 days, either party may proceed to arbitration.
8. Indemnification.
a. Customer agrees to indemnify, defend, and hold harmless Stratihost, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, liabilities, losses, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
i. Customer’s use or misuse of the VoIP services, including any violation of applicable laws or regulations;
ii. Breach of this Agreement by Customer or its users;
iii. Content transmitted through the services by Customer or its end users, including but not limited to claims of infringement, defamation, or violation of privacy or publicity rights;
iv. Unauthorized access to or use of the services through Customer’s account;
v. Third-party claims arising from Customer’s business operations or communications conducted via the VoIP services.
b. This indemnification obligation shall survive the termination or expiration of this Agreement.
9. Disclaimer of Warranties.
a. Stratihost provides its hosted VoIP services on an “as is” and “as available” basis. To the fullest extent permitted by law, Stratihost disclaims all warranties, express or implied, including but not limited to:
i. Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
ii. Warranties of uninterrupted or error-free service, or that communications will be delivered without delay or loss;
iii. Warranties regarding compatibility with CUSTOMER’s hardware, software, or network configurations;
iv. Warranties arising from course of dealing or usage of trade.
b. CUSTOMER acknowledges that VoIP services may be subject to limitations, delays, outages, and other issues inherent in internet and telecommunications infrastructure. Stratihost does not warrant that its services will meet CUSTOMER’s specific requirements or expectations beyond the services that it has active control of.
c. This disclaimer is subject to the terms of the Agreement.
10. Confidentiality.
a. THE CUSTOMER and Stratihost agree that any information disclosed by either party will be considered and referred to collectively in this Agreement as “Confidential Information.” Confidential Information does not include information that:
i. Is now or subsequently becomes generally available to the public through no fault or breach on the part of THE CUSTOMER or Stratihost.
ii. THE CUSTOMER or Stratihost can demonstrate to have had rightfully in its possession prior to disclosure by either party.
iii. Is independently developed by THE CUSTOMER or Stratihost without the use of any Confidential Information.
iv. THE CUSTOMER or Stratihost rightfully obtains from a third party who has the right to transfer or disclose it.
b. THE CUSTOMER and Stratihost will not disclose, publish, or disseminate Confidential Information to anyone other than those individuals who:
(1) are employed at one of the sites described in this Agreement or by Stratihost, and
(2) have a legal right to the Confidential Information.
c. THE CUSTOMER and Stratihost agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information.
d. THE CUSTOMER and Stratihost agree to accept Confidential Information for the sole purpose of activities as authorized by this Agreement.
e. All Confidential Information remains the property of the originating party, and no license or other rights—except for rights expressly granted by this Agreement—to Confidential Information is granted or implied hereby.
f. THE CUSTOMER and Stratihost hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury that may be difficult to ascertain. Accordingly, THE CUSTOMER and Stratihost will have the right to seek and obtain immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies they may have.
11. Changes to Terms
Stratihost reserves the right to revise these Terms and Conditions at any time. If changes are made, we will notify THE CUSTOMER through any of the written billing contact methods provided by you.
12. Stratihost Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us:
Stratihost
PO Box 3736
Pflugerville, TX 78691
Email: [email protected]