1-800-281-1073
1-800-281-1073
The content of the pages in this site is for your general information and use only. It is subject to changes without notice. We do not provide any warranty as to the accuracy of the information found on this site for any purpose. You acknowledge that such information and materials may contain errors and we assume no liability for any such inaccuracies or errors in accordance to the fullest extent of the law. The use of information on this site is entirely your responsibility, for which Ladera Communications is not liable. It is your responsibility to verify that products, services or information available through this site meet your requirements. This site contains material owned by Ladera Communications. This includes but is not limited to the design appearance and pictures. Reproduction is not permitted. All trademarks mentioned in this website which are not the property of Ladera Communications belong to their respective owners. Unauthorized use of this site could lead to claims for damages or to be considered as a criminal offense. This website may also include links to other sites. These links are provided for your convenience and use. Ladera Communications does not endorse the sites these links lead you to. The use of this site is subject to the laws of the United States of America. By accessing the pages of Ladera Communications you agree to the following terms below. If you do not wish to abide to all the terms below, you must not enter this website. The contents of Ladera Communications are copyrighted. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form except that of personal, non-commercial use, without the prior written permission of Ladera Communications is prohibited. The contents of Ladera Communications are provided "as is".
Ladera Toll Free and Local number Terms of Service constitutes an agreement between Ladera Communications Inc, (hereinafter called "the Company," "we," "our," "us," and/or words of a correlative or similar meaning, which may include but not be limited to all of its agents, assigns, and/or representatives) a California corporation and the end-user (hereinafter called "the Customer," "user," "you," "your," and/or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in Ladera Communications Inc.'s account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s). The Corporation is a provider of telecommunications services. This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity of between website information and this document, this document, "Terms of Service" collectively dictates. BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR CREDIT/DEBIT CARD INFORMATION, AND/OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS. We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such amendment(s) are listed at www.laderacom.com. Further, the agreement posted shall supersede all previously agreed to electronic and/or written Terms of Service.
Your electronic or signed submission of your order on paper or via website or receipt of an email confirmation signifies acceptance by Ladera Communications of your order and the establishment of your Account. Ladera may also verify orders to prevent fraud. Should Ladera suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), we may contact you by email or telephone regarding such suspected fraudulent order and, in sole discretion, interrupt, restrict or terminate your Account without notice to you by Ladera Communications Inc.
Our Services are provided on a month-to-month basis or an annual term, depending on the package you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service by calling Ladera Communications Inc. and talking with one of our customer service representatives. You are purchasing the Service for full monthly or annual terms (whichever applicable), which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term's charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.
You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property.
Each service plan, for both toll-free and local numbers, has a flat monthly service fee (this service fee, which is posted on the Site, is the basic charge associated with your Service. This fee includes the calling charges defined by your Service plan within the continental United States and Canada) and a certain number of "free" minutes to be used in the continental United States and Canada as posted on the Site, and an additional minute rate (if you exceed the number of calling minutes on your Service plan, Ladera Communications Inc. will bill you for the minutes you use above your allowance)
International calls (not including calls to Canada) and calls to areas outside the continental United States (including, but not limited to, Alaska and Hawaii and United States territories such as Puerto Rico), including calls forwarded from the continental United States and Canada to such international areas, are charged based on the international outbound rates. International calls (not including calls from Canada) and calls from areas outside the continental United States (including, but not limited to, Alaska and Hawaii and United States territories such as Puerto Rico), including calls forwarded from such international areas into the continental United States and Canada, are charged based on the international inbound rates.
Upon establishing your account with Ladera Communications Inc., we will assign you a unique password for easy access to your online web portal at the Ladera Communications Inc.-operated website. You may change your assigned username and/or password by logging on to the laderacom.com-operated website. It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with Ladera Communications Inc. has been compromised by unauthorized access so that we may assign you a new username and/or password.
You are not authorized to charge services provided to phone number(s) assigned to you by our company and you may not request that any third-party service provider charge any such services to any number(s) provided you by Ladera Communications Inc. Any such activity will constitute just cause for Ladera to immediately cancel your Service and charge your credit/debit card for said charges. Ladera Communications shall not be held liable for any harm, loss or damages arising from such actions. We may also temporarily suspend and/or cancel Service to your account if you change your ring-to destination to a geographical region in which we prohibit termination. In such case, your account and phone number(s) will be disabled until your account is manually reviewed by our staff and/or cancelled entirely.
You may terminate this Agreement at any time within thirty (30) days notice in accordance with the immediately following procedure. You must give such notice of cancellation by emailing a request to our support department support@laderacom.com or using "Submit a Service Ticket" link on webpage Attention Billing Department. Upon receipt of your request, indicating your desire to cancel, Ladera will send to you, by e-mail, a confirmation of your Cancellation. If you do not receive a Cancellation email confirmation, You may contact our Customer Service Team at (800) 281-1073 or (626)-796-9706 to confirm cancellation. Because minutes are paid in arrears, a final payment for minute usage will be processed on your next billing date after termination. We may terminate this Agreement at any time without notice, and at our sole discretion, the fees for our services (e.g. the initial sign up charges) may be refunded to you. The fee for a Premium 800 number will not be included in this refund. Any additional charges incurred after the initial signup will not be included in this refund. If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all other remedies available to us. Upon termination of this Agreement and/or your Services, your right to use the Services immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to you or any third party. We may require reactivation charges to renew Services after termination or suspension.
Upon termination, you are responsible for paying all amounts and charges owing under this Agreement. Should your credit or debit card decline for any reason, we will attempt to charge it again. If the attempt to bill your credit or debit card is unsuccessful, your account will be terminated and we will notify you of such termination by email, by message sent to your voicemail box, or by telephone. If your debit or credit card is declined for a threshold charge within 30 days of the date you opened your account, your account will be canceled immediately and the phone number on your account may be removed from your account. Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder. A credit or debit card authorization form will be required to reactivate such accounts.
If you provide a free email address at sign-up (i.e., Yahoo!, Gmail, Hotmail, Live, etc.) your account may not be activated instantly. Additionally, we may require that you submit images of the front and back of the credit/debit card you've presented and images of your official identification (if your payment method is other than a credit/debit card, an image of your official identification may be required) before your account can be approved. Please allow at least 24 business hours for processing of this information. You may not begin using the phone number(s) you've ordered until such time as your account is approved and activated by Ladera.
You agree that Ladera Communications Inc. maintains exclusive ownership of the Service(s) it provides to you or any number ported into our network. You agree and understand that Ladera is unable to influence the outcome of your request to port a number(s) into its systems. Furthermore we do not guarantee that your port request will be a success. If your transfer is a success, generally speaking, transfer requests for toll-free or local number phone numbers, porting into our systems, take between 3-5 business days on up to 3-4 weeks to process-it is important to note that this time frame is largely dependent on the speed with which your current provider responds to our request to port the phone number(s) into our systems. It is not uncommon for a transfer request to take longer than 3-5 business days; however. If your transfer request is unsuccessful, we may notify you of the response we received from your current provider; in such case, you may have the option of resubmitting the request or contacting your existing provider to release number. You may port a phone number(s) away from Ladera Communications Inc. after 6 Months provided your account is active, in good standing, all monthly and/or annual dues (including any unbilled charges and/or fees) have been PAID IN FULL, we have received a transfer request from your new carrier requesting to port the phone number(s) away, and the phone number(s) you are requesting to port have each been active on your account for at least 6 Months. Premium Toll Free Numbers (800) port out request will be charged $150.00 if requested to port out within 1 year from account activation and cannot be ported away within 6 Months nor without the account in active status and account paid in full status. If your account does not satisfy ALL of the aforementioned criteria, Ladera reserves the right to reject your request to port the said phone number(s) away and you hereby waive any right to contest the rejection. If the port is successful, we will terminate our Service for that phone number(s); if unsuccessful, for any reason, our Service to the phone number(s) you were attempting to port away will not terminate and you will continue to be responsible for paying Ladera Communications all charges and fees for the phone number(s) in question.
You may port a phone number(s) into our systems provided you are the current owner of the phone number(s) you wish to port, you have an active account in good standing with Ladera, and your request to port the phone number(s) has been accepted and approved by the current carrier of said phone number(s), and you have paid the monthly cost(s), upfront, for each of the phone number(s) you wish to port into our system(s). A successful port request does not constitute the cancellation of your Ladera account. If you request to port a phone number(s) away from Ladera Communications Inc. and your request is approved and the phone number(s) released, you will remain responsible for any and all phone number(s) and/or Services you still have with us. You will continue to be responsible for all charges and fees associated with the remaining Services on your account with Ladera until such time as you cancel your Service with us ENTIRELY.
Ladera Communications shall not be responsible for any errors or omissions contained at this Web Site, and reserve the right to make changes without notice. In no event shall Ladera Communications be liable for any damages whatsoever, and Ladera Communications shall not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Ladera Communications information contained on this site, whether such damages arise in negligence or otherwise. Other products and companies referred to herein are trademarks or registered trademarks of their respective companies. Customer and Ladera Communication Inc. agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to Ladera Communications Inc. In addition, customer and Ladera Communications Inc. consent that the courts of Los Angeles County, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. Customers agrees to defend, indemnify and hold harmless Ladera Communications Inc. and its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to member's use of Ladera Communications Inc’s services. If any part of this agreement is unacceptable to you, you must immediately terminate your services with Ladera Communications Inc. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days written notice.
Ladera Communications Inc. Phone Services are an enhanced voicecommunication services which uses a data network (like the Internet) to transportvoice Telephone calls that have been converted into data packets. For purposes of this Agreement, the term “Service” shall mean Ladera Communications Inc. VoIP Phone Services, including all Software, Calling Features, Equipment and other Intelligent IVR, Voice Mail and E-mail forwarding features, products and services provided by Ladera Communications under the pricing plan that you have selected. For purposes of this Agreement, “Equipment” shall mean a Ladera Communications Inc. provided Analog Telephone Adapter (ATA “Adapter”) and accompanying Ethernet Cable, IP PBX Systems, IP Phones and Cabling purchased Via Ladera Communications along with your service plans.
You acknowledge and understand that Ladera Communications Telephone Services are not those of a legacy telephone service company, and we provide telephone services on a best efforts basis. Important distinctions exist between legacy telephone service companies and the newer VoIP Telephone Services offering provided by Ladera Communications Inc. The Services are subject to different regulatory treatment than legacy telephone providers. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, maintenance and with this newer technology, Faxing, Alarm Telemetry and Credit Card Processing Machines might be limited in their functionality. We will act in good faith to minimize disruptions to your use of and access to our services.
No 0+ or Operator Assisted Calling May Not Support X11 Calling:
You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.
You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against Ladera for interference with or disruption of such systems due to the Service.
There may also be other services with which our Service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
Upon establishing service or ("date of confirmation e-mail" or signed contract - CPE Solutions ONLY) billing will commence on this date and going forward on monthly basis for pre-paid services or billed in full for CPE IP Solutions. All applicable sales taxes, fees and surcharges included. Ladera reserves the right to cancel service at any time due to fraud or failure of payment processing. Billable minutes outside of pre-paid calling plans are charged on usage based and due upon end of billing cycle that is monthly or whichever billing cycle established on available plans outside of monthly pre-pay option. If you cancel, service is discontinued on day of cancel and no pro-rate refunds are available and any charges outside of plan i.e. usage base or monies owed on CPE purchases are due immediately and charge to your credit card or automated checking or savings account debit once you decide to end service. We do not guarantee service interoperability with peripheral equipment such as home alarm and other systems. Unlimited plans are unlimited within service that does not exceed cost of company ability to offer bundle discount services. Ladera terms of use and services serves as a contract agreement between our company and an end user; or our company and a business client of Ladera Communications Inc. or any other service or products that we offer. By consenting on-line or signing up via physical contract you agree to all terms and conditions of our service and usage/billing terms. There is no money back guarantee for any services unless specifically written in a special onetime promotion. There are no pro-rated refunds for unused time. Our return policy is standard 30 days or otherwise specified in other promotions or sales packages. This means 30 days from date that order is placed on-line or signed invoice, not day your receive equipment or start using service. Ladera Communications will refund charges for equipment purchases, activation fee and tax only, billable minutes used and shipping are due at cancellation and Ladera Communications reserves the right to deduct these balances from debit or credit card on file or ACH deduction from bank account. If equipment is not returned in satisfactory condition, Ladera Communications reserves the right to deduct cost of said equipment from refund. Ladera Communications reserves the right to cancel or change money back guarantee agreements at any time. Accounts that are more than 1 (one) day delinquent in payment may be suspended until payment has been received. Your account is not "monitored" for inactivity and we do not assume that you wish to cancel if you have not used your account. Customer is responsible for any disputed charges beyond 60 days from the date of the charge. All accounts suspended for non-payment are subject to a $25.00 re-activation fee. Any accounts who go into collections status will be transferred to a collections agency and incur a $30.00 processing fee.
You represent and warrant that your primary residence or business address is in the United States. You represent and warrant that you are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. You understand that Ladera Communications relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service and the inability of a 911-dialed call to be correctly routed to emergency service personnel, as further explained below. You agree to promptly notify Ladera Communications whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number, and credit card number and expiration date). You agree to be financially responsible for your use of the Service as well as for use of your account by others.
You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that Ladera Communications will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords, as well as the media access control (MAC) address of the Adapter. The MAC address is one of the pieces of information used by Ladera Communications to authenticate customer calls and should not be shared. Customer is responsible for protecting and safeguarding their home or business computer equipment and Internet Devices, ALL Lan/Wan devices and Router equipment from spam and hackers and is sole responsible for hacking attempts on said devices related and resulting in fraud calling charges and personal identity theft.
Ladera Communications hosted voice services provide E911 services which are routed differently than conventional local telephone carrier. (PSTN) Subscribers consenting to services with Ladera Communications under the voice service agreement understand that E911 calls are available via Internet as accessible as long as Internet connections are available and power to peripheral router, ATA and IP Phone equipment is available and functional. Ladera Communications suggests that ALL subscribers utilize UPS (Uninterrupted Power supplies) devices to protect all peripheral equipment responsible for IP Phone, Internet and Service connections. As an additional support for 911 services, your local service provider or cellular provider at your place of residence or business should also be considered as a secondary 911 source of access. Ladera Communications Disclaimer is as follows: We do not control 911 process or use thereof from the local service company or cell provider and we disclaim all responsibility of 911 services and use of 911 services via local emergency center local or cell providers 911 database or ability to route calls to appropriate emergency dispatch centers or national emergency centers abroad. We rely on our hosted 911 Network for customer's 911 services to appropriate PSAT (Public Safety Access Terminals) office locations and we are neither liable nor responsible for inability to connect to 911 emergency offices in the event of ISP or Electrical Company network outage or power outages or natural disaster. Ladera Communications, its board members or employees cannot be held liable for any emergency, loss, charges, fees or personal injury/death resulting for 911 services provided by hosted customer's local or cell phone provider's 911 services and their routing to dispatch centers. YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH LADERA’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”) OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH LADERA COMMUNICATIONS, EITHER VIA CONTACT FORM ON OUR WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. LADERA’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY LADERA COMMUNICATIONS WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO LADERA COMMUNICATIONS BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE. You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide LADERA COMMUNICATIONS the physical address where you will use your Service. When you dial 911 with LADERA COMMUNICATIONS, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with LADERA COMMUNICATIONS. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal. YOUR E911 SERVICE WITH LADERA COMMUNICATIONS WILL NOT BE AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:
INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE LADERA’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF LADERA’S VOIP 911 DIALING AS COMPARED WITH BASIC 911 OR E911 PROVIDED BY TRADITIONAL LAND-LINE TELEPHONE SERVICE.
WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING SHOULD BE PLACED ON PHONES. YOU MUST PLACE A LABEL ON EACH TELEPHONE AND ON ANY OTHER DEVICE WHICH WILL BE USED WITH YOUR LADERA COMMUNICATIONS VOIP SERVICE.
BY SIGNING UP FOR LADERA’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF LADERA’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD-PARTY SEPARATELY FROM LADERA COMMUNICATIONS, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS. IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NON BUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.
YOU HEREBY ACKNOWLEDGE: LADERA COMMUNICATIONS DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by LADERA COMMUNICATIONS differs in a number of important ways from traditional emergency response services as further explained below. You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized (whether home or office) as to the important limitations on emergency response service.
If you subscribe to our residential services, we provide you with the Service and the device solely for residential use. Ladera Communications reserves the right to immediately terminate, change the calling plan or modify the Service if Ladera Communications determines, in its sole discretion, that you are using the Service for non residential use.
Business Services are provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, non business and non professional purpose. This also means that you are not to resell or transfer the Service to any other person for any purpose or charge for the use of the Service, without express written permission from Ladera Communications Inc. in advance. Ladera reserves the right to immediately terminate, change the calling plan or modify the Service if Ladera determines, in its sole discretion, that you are using the Service for non business or non-commercial use.
Ladera Communications offers up front and personal classes of customer service and technical support based on the different products that we sale. For third party equipment or services, Ladera Communications will do its best to assist and or refer customer to vendors for support if the situation governs. Customer Service and Technical Support can be obtained by calling our support line at 800-281-1073 option 2 or visiting our website atwww.laderacom.com and selecting our CONTACT page and submitting your information. Ladera Communications assumes that the customer has a basic understanding of their computer and we do not train users in basic computer skills such as, but not limited to deleting files or creating directories. Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any remote technical support will be dispensed. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines unless said hardware and products are purchased from Ladera Communications or Computer Support contract is in place at which time the support coverage and limitations would be outlined in that contract. If maintenance agreements are purchased, Ladera will honor all support, repair and replacement polices outlined in maintenance agreement. Ladera Communications reserves the right to revise and change maintenance polices and agreements at any time.
Ladera Communications intends to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”). By using the Service, you hereby agree and consent to Ladera’s right to monitor and otherwise disclose the nature and content of your communications if and as required by CALEA without any further notice to you.
Ladera Communications shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of Ladera’s best efforts.
IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CLIENTS, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER. THE LIABILITY OF CUSTOMER AND PROVIDER WITH THE RESPECT TO THE INSTALLATION (INCLUDING DELAYS THEREOF), PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SERVICE OR FACILITIES OFFERED UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CHARGES APPLICABLE UNDER THIS AGREEMENT FOR THE PERIOD DURING WHICH SERVICES WERE AFFECTED. FOR THOSE SERVICES WITH MONTHLY RECURRING CHARGES, THE LIABILITY OF CUSTOMER OR PROVIDER IS LIMITED TO AN AMOUNT EQUAL TO THE PROPORTIONATE MONTHLY RECURRING CHARGES FOR THE PERIOD DURING WHICH SERVICE WAS AFFECTED.
Each Party shall defend, indemnify and hold harmless the other Party and their respective officers, directors, employees, suppliers, licensors, contractors and agents against and from any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or UN-liquidated, including without limitation, all reasonable costs and expenses incurred including all reasonable litigation costs and attorneys’ fees arising out of or relating to claims, complaint, action, proceeding or suit of a third party (including any investigation by a governmental agency or authority), that arise or relate in whole or part to the gross negligence or willful misconduct of the indemnifying Party, its employees, agents, contractors, licensors or suppliers.
The indemnified party promptly shall notify the indemnifying party of any claims that are subject to indemnification. The indemnified party shall have the right, at its own expense, to participate either directly or through counsel in any litigation or settlement negotiations. The indemnified party shall provide reasonable assistance and cooperation in such defense at the indemnifying party’s expense. The indemnifying party shall not agree to any settlement without the written consent of the indemnified party and such consent shall not be unreasonably withheld. The indemnification provided herein shall survive the termination of this Agreement. Ladera Communications Inc. 2555 E Colorado Blvd Suite 201 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744.
Notice In the event that either Party believes that the other Party is in breach or default of this Agreement or has not otherwise satisfied its obligations under this Agreement, such Party shall provide written notice to the other Party stating with particularity the nature of the breach, default or failure to satisfy the obligations by such Party (a "Default Notice"). Within fifteen (15) days of the date of the Default Notice, the Parties shall meet to discuss and attempt to resolve the basis for the Default Notice. In the event that the Parties are unable to resolve the basis for the Default Notice within ten (10) days from such meeting, each Party shall be entitled to commence the Dispute Resolution Proceeding as described below or to any other remedy available under the Agreement, at law or in equity. Nothing in this Section will prevent either Party from exercising any or all of its rights under this Agreement upon any Payment Default; or from seeking interim relief from a court as necessary to prevent material irreparable injury to one of the Parties.
Notice In the event that either Party believes that the other Party is in breach or default of this Agreement or has not otherwise satisfied its obligations under this Agreement, such Party shall provide written notice to the other Party stating with particularity the nature of the breach, default or failure to satisfy the obligations by such Party (a "Default Notice"). Within fifteen (15) days of the date of the Default Notice, the Parties shall meet to discuss and attempt to resolve the basis for the Default Notice. In the event that the Parties are unable to resolve the basis for the Default Notice within ten (10) days from such meeting, each Party shall be entitled to commence the Dispute Resolution Proceeding as described below or to any other remedy available under the Agreement, at law or in equity. Nothing in this Section will prevent either Party from exercising any or all of its rights under this Agreement upon any Payment Default; or from seeking interim relief from a court as necessary to prevent material irreparable injury to one of the Parties. Dispute Resolution Proceeding: All disputes arising under this Agreement shall be resolved solely through binding resolution by neutral third parties who shall be qualified judges, as set forth in the California Civil Practice and Remedies Code Section 151.001, et. seq. (hereafter referred to as “Decision-Makers”). This provision is intended to be construed and subject to California law. Either party may commence the Dispute Resolution Proceeding by giving written notice to the other party, stating: (i) that the Dispute Resolution Process is being commenced; (ii) the specific facts which give rise to the dispute; (iii) the legal basis, if any, which the notifying party is invoking to support some claim for damages or relief; (iv) the relief that the notifying party is seeking; and (v) a correct address, phone number and, if available, a facsimile number and email address at which the notifying party can be reached (“Notice”). The notifying party shall file a Petition in the applicable District Court, or other court of original jurisdiction located in Los Angeles, Los Angeles County, California and that Petition shall be abated pending the decision of the Decision Makers. Upon receipt of a Notice commencing the Dispute Resolution Process, the receiving party shall have a period of forty-five (45) days in which to serve the notifying party with a written response to the Notice commencing the Dispute Resolution Process, stating the specific facts which are asserted as a defense to the facts set forth in the Notice and any facts which the receiving party asserts that support a counter-claim, if any, by the party that received the Notice against the party that sent the Notice. Within sixty (60) days of the commencement of the Dispute Resolution Process, each party shall give to the other party a statement designating the name and address of a person whom the party will accept as the Decision-Maker for the dispute, who shall be a former or retired judge. Within ten (10) days, the individuals designated by each party shall then choose a third person who shall also be a former or retired judge. The three individuals shall then act as the Decision-Makers for this dispute. Each designated Decision-Maker is required to disclose to all parties within ten (10) days from the date the third Decision-Maker is chosen, (i) their employment histories and (ii) any circumstances which might preclude him or her from rendering an objective and impartial determination. At that time, either party may challenge any Decision-Maker for cause. The merits of the “for cause” challenge shall be determined by the unchallenged Decision-Makers. In such case, the party originally choosing the stricken Decision-Maker shall choose another.
Privacy Policy of Ladera is set forth on the Site (grasshopper.com). In addition, you authorize our monitoring and recording of your calls to us concerning your Account or the Services and you consent to our contacting you from time to time by means of (a) automatic dialing equipment, or (b) your Grasshopper voicemail box.
Ladera Communications Inc. 2245 East Colorado Blvd. Suite 104450 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744. In the event either party fails to adhere to the time schedule, the other party shall have the right to petition the Court to compel compliance and recover its reasonable and necessary attorneys’ fees and costs for compelling compliance. The Dispute Resolution hearing shall be conducted at a time and place in Los Angeles, Los Angeles County, California as designated by the Decision-Makers. The Decision-Makers shall give each party at least thirty (30) days written notice of the time and place of the Dispute Resolution hearing. Either party may request one continuance of the Dispute Resolution hearing for good cause shown to the Decision-Makers. The Decision-Makers shall strictly follow the timeline set forth herein and the procedures mandated herein, except that the Decision-Makers may delay the hearing for a period not to exceed thirty (30) days to accommodate the schedules of any party, unless the parties both agree to any extension beyond the thirty (30) day extension allowed at the discretion of the Decision-Makers. The fees and expenses charged by the Decision-Makers, or costs for the facility at which the Dispute Resolution hearing is held, shall be assessed by the Decision-Makers. All other costs and fees, including attorneys’ fees, shall be assessed by the Decision-Makers as a part of the Dispute Resolution award.
The Dispute Resolution Process, discovery and the hearing shall be conducted in compliance with the California Rules of Civil Procedure and the Rules of Evidence. The Decision-Makers shall enter their ruling, in writing, and shall, upon request of either party, prepare and submit findings of fact and conclusions of law to both parties. An award or ruling by the Decision-Makers shall be entered as a judgment of record in the judicial proceeding, and shall be fully subject to appeal as if it was tried in a District Court, or any other court of original jurisdiction. The parties recognize and agree that litigation is expensive and prolonged and that both parties will benefit from this procedure. This procedure shall be broadly construed and enforced to favor the Dispute Resolution Process as an efficient and effective way of resolving disputes between the parties. Any provision of this procedure that shall be determined to be unenforceable in any jurisdiction shall not be read or construed to prohibit or exhaust the rights of either party to the right to Alternative Dispute Resolution or Waiver of the Right to Trial by Jury. The parties hereby WAIVE ALL RIGHTS TO A TRIAL BY JURY FOR MATTERS IN STATE OR FEDERAL COURT.
If either Party’s performance of this Agreement or any obligation hereunder is prevented, restricted or interfered with by causes beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, or by national emergency, insurrection, riot, war, strike, lockout, or work stoppage or other labor difficulties, supplier failure, shortage, breach or delay, then such party shall be excused from such performance on a day-to-day basis to the extent of such restriction or interference. Such Party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease. This provision shall not, however, relieve CUSTOMER from making any undisputed payment when due. The Party claiming relief under this Section shall notify the other in writing of the existence of the Force Majeure Event and shall be excused on a day-by-day basis to the extent of such prevention, restriction or interference until the cessation of such Force Majeure Event. Ladera Communications Inc. 2245 East Colorado Blvd. Suite 104450 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744.
Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be given by prepaid first class mail, by facsimile or other means of electronic communication or by delivery as hereafter provided. Any such notice or other communication, if mailed by prepaid first-class mail at any time other than during a general discontinuance of postal service due to strike, lockout or otherwise shall be deemed to have been received on the fourth business day after the post-marked date thereof; or if sent by facsimile or other means of electronic communication, shall be deemed to have been received on the business day following the sending, provided that a hard copy is immediately sent by prepaid first class mail as aforesaid; or if delivered by hand, shall be deemed to have been received at the time it is delivered to the applicable address noted below either to the individual at such address having apparent authority to accept deliveries on behalf of the addressee.
No term or provision of this Service Agreement shall be deemed waived and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach or default.
If any term or provision of this Service Agreement shall be found to be illegal or unenforceable, then, notwithstanding such illegality or unenforceability, this Agreement shall remain in full force and effect and such term or provision shall be deemed to be deleted.
Ladera Communications Inc. 2555 E Colorado Blvd Suite 201 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744. Upon 30 (thirty) days prior notice, either Party shall have the right, without liability to the other, to cancel an affected portion of the Services if any material rate or term contained herein and relevant to the affected Services is substantially changed or found to be unlawful or the relationship between the Parties hereunder is found to be unlawful by order of the highest court of competent jurisdiction to which the matter is appealed, the Federal Communications Commission, or other local, state or federal government authority of competent jurisdiction.
Except as otherwise specifically provided for herein, the remedies set forth in this Service Agreement comprise the exclusive remedies available to either party at law or in equity.
PROVIDER will provide the Services specified hereunder upon condition that the Services shall not be used by CUSTOMER for any unlawful purpose. The provision of Service will not create a partnership or joint venture between the parties or result in a joint communications service offering to the third parties.
This Agreement shall be construed under the laws of the State of California, USA, without regard to choice of law principles.
Confidential Information The Parties understand and agree that the terms and conditions of this Agreement, all documents referenced (including invoices for Services provided hereunder) herein, communications between the Parties regarding this Agreement or the Services to be provided hereunder (including price quotes for any Services proposed to be provided or actually provided hereunder), as well as such informationrelevant to any other agreement between the Parties (collectively “Confidential Information”), are confidential as between PROVIDER and CUSTOMER.
Confidential Information The Parties understand and agree that the terms and conditions of this Agreement, all documents referenced (including invoices for Services provided hereunder) herein, communications between the Parties regarding this Agreement or the Services to be provided hereunder (including price quotes for any Services proposed to be provided or actually provided hereunder), as well as such informationrelevant to any other agreement between the Parties (collectively “Confidential Information”), are confidential as between PROVIDER and CUSTOMER. Customer Proprietary Network Information: In carrying out their respective responsibilities under this Agreement, PROVIDER and CUSTOMER will comply with applicable privacy laws and regulations of the United States, including (as applicable) 47 U.S.C. § 222 et seq. regulations of the Federal Communications Commission, and any applicable state laws and regulations intended to protect Subscriber Information (as hereinafter defined) from unauthorized use. In the course of providing Services under this Agreement, PROVIDER may gain access to or generate personally identifiable information that relates to the quantity, technical configuration, type, destination, location and amount of communication services used by CUSTOMER or the CUSTOMER’s End Users (jointly referred to as “Subscribers”), and information contained in the Subscriber’s bills (any and all of which is hereinafter referred to as “Subscriber Information”). Accordingly, the Parties agree as follows: Ladera Communications Inc. 2555 E Colorado Blvd Suite 201 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744. PROVIDER will not disclose any Subscriber Information other than on a “need to know” basis, and then only to: (a) its employees or officers, provided, however, that each such employee or officer shall have been notified in writing that the Subscriber Information is to be held in strict confidence and that any disclosure of Subscriber Information in violation of this restriction may result in disciplinary action; and (b) subcontractors, agents, consultants and affiliated entities of PROVIDER, and their respective officers and employees, but only with CUSTOMER’s prior written consent, and provided also that each such subcontractor, agent, consultant or affiliated entity shall have entered into a confidentiality agreement that has terms no less restrictive than the terms herein. PROVIDER is responsible for confirming that confidentiality requirements of the preceding sentence are enforceable under the laws of the jurisdictions in which the employee, officer, subcontractor, agent, consultant or affiliated entity provides services to CUSTOMER. Under no circumstance will PROVIDER use the Subscriber Information for purposes of marketing any product or service of any type, nor will Supplier allow any Subscriber Information to be downloaded, extracted, stored, or transmitted through personally owned, rented or borrowed equipment, including but not limited to laptop computers, digital personal assistants or mobile telephones. The restrictions set forth in this paragraph shall apply during the Term of this Agreement and afterwards in perpetuity. Subscriber Information shall not include information that was not obtained by PROVIDER by virtue of its relationship with CUSTOMER or any information that the Subscriber has disclosed for purposes of publication in a telephone directory. Prior to any disclosure of Subscriber Information as required by legal process, PROVIDER shall (a) notify CUSTOMER in writing of any actual or threatened legal compulsion of disclosure; (b) notify CUSTOMER in writing of any actual legal obligation of disclosure; and (c) cooperate with CUSTOMER's reasonable, lawful efforts to resist, limit or delay disclosure.
A Party shall not disclose Confidential Information unless subject to discovery or disclosure pursuant to legal process, or to any other party other than the directors, officers, and employees of a Party or agents of a Party including their respective brokers, lenders, insurance carries or prospective purchasers who have specifically agreed in writing to nondisclosure of the terms and conditions hereof. Any disclosure hereof required by legal process shall only be made after providing the non-disclosing party with notice thereof in order to permit the non-disclosing Party to seek an appropriate protective order or exemption. Violation or threatened violation by a Party or its agents of foregoing provisions shall entitle the non-disclosing party, at its option, to obtain injunctive relief without a showing of irreparable harm or injury and without bond. No obligation of confidentiality shall apply to disclosed information which the recipient:
The Parties further agree that any press release, advertisement or publication generated by a Party regarding this Agreement, the Service provided hereunder or in which a Party desires to mention the name of the other Party or the other Party’s parent or affiliated companies, will be submitted to the non-publishing Party for its written approval prior to publication.
You hereby consent to Grasshopper publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by Grasshopper.
The provisions of this Section will be effective as of the date of this Service Agreement and remain in full force and effect for a period equal to the longer of:
The Parties agree that trademarks, inventions, patents, copyrights, registered designs, service marks, trade names, and all other intellectual property shall remain and continue to be owned by the Party owning such property, and nothing herein shall confer or be deemed to confer on either Party expressly, implied, or otherwise, any rights or licenses in the intellectual property of the other.
This Agreement shall be binding upon the benefit of the Parties hereto and their respective successors or assigns, provided, however, that either Party shall not assign or transfer its rights or obligations under this Agreement without prior written consent of the other Party which shall not unreasonably be withheld, and further provided that any assignment or transfer without such consent shall be void.
The terms and provisions contained in this Agreement by their sense and context are intended to survive the performance thereof by the Parties hereto and shall so survive the completion of performance and termination of this Agreement, including, without limitation, provisions for indemnification and the making of any and all payments due hereunder.
No action, regardless of the nature or form except those relating to fraud, arising out of or related to this Agreement or transactions under this Agreement may be brought by either party more than one (1) year after the termination of this Agreement.
Headings in this Agreement are for convenience only and shall not affect the construction of this Agreement.
Words having well-known technical or trade meanings shall be so construed, and all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires.
No rule of construction requiring interpretation against the draftsman hereof shall apply in the interpretation of this Agreement.
If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or conditions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or conditions of the Agreement shall be valid and be enforced the fullest extent permitted by law. All obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive and remain in effect beyond any expiration or termination. Ladera Communications Inc. 2555 E Colorado Blvd Suite 201 Pasadena CA 91107 (626) 796-9706 fax (626) 796-9744.
The Parties hereby acknowledge and agree that CUSTOMER is an independent business sufficiently sophisticated to exercise and is exercising its own business judgment. The Parties hereby further acknowledge and agree that PROVIDER has made no recommendations or representations regarding any aspect of CUSTOMER’S business.
This Agreement, together with any and all executed Addendums and Exhibits, constitute the complete and exclusive statement of the understandings between the Parties and supersedes all proposals and prior agreements (oral or written) between the Parties relating to Service provided hereunder. No subsequent agreement between the Parties concerning the Service shall be effective or binding unless it is made in writing and subscribed to by authorized representatives of PROVIDER and CUSTOMER. This Agreement may be executed in counterparts and each of such counterparts shall, for all purposes, be deemed to be an original but altogether only one (1) Agreement. Facsimile signatures shall be deemed original signatures.
Each party hereby warrants and represents to the other party that: