Residential Customer Agreement

A. Who This Agreement Is Between

1. "We," "us," and "BabbleBlue" mean Jevin Canders LLC, doing business as BabbleBlue Communications, a New York limited liability company located at 350 Northern Blvd, Suite 324, Albany, NY 12204.
2. "You" means the person signing up for the Service. You must be at least 18 years old.
3. "Service" means the phone numbers, calling features, leased equipment, and related services we provide you. "Account" means your overall relationship with us, including your invoices and payments.
4. This agreement is for personal, family, and household use only. If you want to use BabbleBlue for a business, ask us about our Corporate Customer Agreement instead.
5. This agreement includes our Acceptable Use Policy ("AUP"), our 911 Service Disclosure and Acknowledgment ("911 Disclosure"), our Service Level Agreement ("SLA"), our Privacy Policy, and our current rates, all of which are part of your contract with us. "Business Day" means any day except Saturdays, Sundays, and US federal holidays.
6. You can accept this agreement by signing below or electronically, for example by clicking "I agree" during signup. Either way, it is a binding contract.

B. Term, Renewal, and Cancellation

1. Your Service starts when we receive your accepted agreement and create your Account (the "Effective Date"). We will let you know when that happens.
2. Your Service is month to month. It automatically renews at the start of each calendar month, and we bill you for the upcoming month plus any usage charges from the previous month. There is no long-term contract and no early termination fee.
3. You can cancel at any time from your account dashboard, by email, or by phone. To end your Service at the end of the current month, we need your cancellation request at least three (3) Business Days before the month ends. If you cancel later than that, your Service ends at the end of the following month, and you are billed for it.

C. Billing and Payments

1. Your first invoice is due on the Effective Date and covers your first month of Service.
2. After that, we issue an invoice at the end of each month covering that month's charges and any unbilled usage. Each invoice is due thirty (30) days after the end of its billing period.
3. If you think a charge is wrong, tell us within thirty (30) days of the invoice date and explain why. You still need to pay the parts of the invoice you are not disputing. If you don't dispute a charge within thirty (30) days, it is considered accepted.
4. If you don't pay on time, we may add a late charge of up to five percent (5%) of the overdue amount, or the maximum allowed by the law of your state, whichever is less. We will send you a notice, and if you still haven't paid ten (10) days after that notice, we may suspend your Service until you do.
5. Suspension doesn't pause your bill. Monthly charges keep accruing while your Service is suspended for nonpayment. 911 remains available while your Service is suspended, subject to the limitations in the 911 Disclosure.
6. If you fail to pay three (3) consecutive invoices in full (not counting amounts you are disputing in good faith), you are in default, and we may terminate your Service and refer your Account to a collections agency. You are responsible for our reasonable collection costs to the extent your state's law allows.
7. Outage credits are handled under the SLA and applied to your invoice.

D. Taxes and Government Fees

1. Our advertised prices do not include taxes and government-related fees. You are responsible for applicable federal, state, and local taxes, 911 surcharges, Universal Service Fund contributions, and similar regulatory fees. These are itemized on your invoice and can change without advance notice when the underlying rates or rules change. These pass-through changes are not price increases under Section N.

E. Leased Equipment

1. We may lease you a telephone adapter so your existing phones work with our Service. You don't have to lease equipment from us, but we can't guarantee compatibility with hardware you own.
2. Leased equipment belongs to us. Please protect it from rain, lightning, and power surges; you are responsible for it while it's in your home.
3. If leased equipment stops working, contact us right away. If we ask you to return it, we will send you a prepaid shipping label. If the problem turns out to be a manufacturing defect, we will replace it free. If the problem was caused by damage, misuse, or neglect, we will bill you our cost for the equipment plus shipping.
4. When your Account closes, return all leased equipment within thirty (30) days using the prepaid label we provide. If you don't, or if it comes back damaged beyond normal wear and tear, we will bill you our replacement cost.

F. Your Phone Number

1. You can get a new number from us or transfer ("port in") a number you already have. For new numbers you can request a preferred area code, but we can't guarantee availability. To port in a number, we will ask you to sign a Letter of Agency, and the transfer depends on your old carrier approving it. We will keep you posted either way.
2. Phone numbers aren't property that anyone owns; they are administered under FCC numbering rules. While a number is on your Account, we control how it is routed.
3. You have the right to port your number to another provider at any time. If porting out your last number would leave your Account empty, we treat that as a cancellation request under Section B.

G. 911 Service

1. 911 over VoIP works differently than 911 on a traditional phone line, and it may be unavailable during power or internet outages or if your registered address isn't current. The details are in the 911 Service Disclosure and Acknowledgment, which is part of this agreement. You must read and sign it before we activate your Service.
2. You must give us the physical street address where you will use the Service before activation, and update it promptly whenever it changes, from your dashboard or by contacting support.
3. If a 911 call can't reach your local emergency call center because your registered address is missing or out of date, and the call is handled by a national emergency call center instead, we pass through a cost-recovery fee of $85 per incident. This reflects what third parties charge us; it is not a fee for calling 911, and it is nonrefundable.
4. Please make sure everyone in your household, including children, babysitters, and visitors, knows about these 911 limitations, and keep a backup way to call for help, like a mobile phone.

H. Acceptable Use

1. Your use of the Service must follow our Acceptable Use Policy, which is part of this agreement. In short: use the Service lawfully, don't use it to harass or defraud anyone, and use "unlimited" plans for normal household calling, not telemarketing, autodialing, or business call center traffic.
2. You are responsible for all use of the Service on your Account, even use you didn't authorize, including calls made if your equipment, network, or account credentials are compromised. Keep your passwords and devices secure, and tell us right away if you think your Account has been compromised.
3. We may suspend or terminate your Service immediately and without notice if we reasonably believe your use violates the AUP or the law, or puts our network, our customers, or others at risk.

I. Service Levels

1. Our uptime commitment, outage credits, and how to claim them are in the SLA, which is part of this agreement. Those credits are your only remedy if the Service is unavailable or degraded.

J. What We Are (and Aren't) Responsible For

1. Neither of us is responsible for delays or failures caused by things outside our reasonable control, like natural disasters, war, or widespread power outages. This doesn't excuse paying for Service you already received.
2. We are not liable for indirect, incidental, consequential, punitive, or special damages, or for lost profits or lost data.
3. Our total liability to you for anything related to this agreement or the Service is limited to the amount you paid us in the six (6) months before the event you are claiming about.
4. Except for what the SLA expressly promises, the Service is provided "as is," and we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose.
5. Some states do not allow limits on implied warranties or the exclusion of certain damages. If your state's law does not allow a limitation in this Section, that limitation applies to you only to the extent permitted, and nothing in this agreement takes away consumer rights that your state's law says cannot be waived.

K. Responsibility for Your Use

1. If your use of the Service, or use by someone you allow to use it, violates the law or this agreement and someone brings a claim against us because of it, you agree to reimburse us for the resulting losses, costs, and reasonable attorneys' fees.

L. Disputes, Arbitration, and Class Action Waiver

Please read this Section carefully. It affects your rights. It requires most disputes to be resolved by binding individual arbitration instead of a court trial, and it waives class actions. You can opt out within 30 days (see L.6).

1. Talk to us first. Before starting arbitration or any court case, you must send us a written description of your dispute (see Section O for how to send notices), and we will do the same for disputes we have with you. We will both try in good faith to resolve the dispute informally within sixty (60) days of the notice.
2. Small claims option. Either of us may bring an individual claim in small claims court in your county of residence (or in Albany County, New York) instead of arbitration, as long as it stays in small claims court and stays individual.
3. Arbitration. If we can't resolve the dispute informally and it isn't brought in small claims court, it will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator can award the same individual remedies a court could, and judgment on the award may be entered in any court with jurisdiction. Arbitration will take place in your county of residence, by phone or video, or, if both of us agree, in writing.
4. Costs. Fees will be handled as provided in the AAA Consumer Arbitration Rules. If those rules require us to pay arbitration fees that a small claims court filing would not have cost you, we will pay them as the rules provide.
5. No class actions. Both of us agree that disputes may be brought only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. If this class action waiver is found unenforceable for a particular dispute, then this arbitration Section does not apply to that dispute, and it may proceed in court under Section M.
6. Your right to opt out. You may opt out of this arbitration Section by mailing us a written notice at the address in Section A, marked "Arbitration Opt-Out," within thirty (30) days of the Effective Date, including your name, Account information, and a statement that you opt out of arbitration. Opting out does not affect any other part of this agreement, and we will not penalize you for opting out.
7. This Section does not prevent either of us from seeking emergency injunctive relief in court to stop unauthorized use of the Service or abuse of our network, and it does not prevent you from bringing issues to the attention of the FCC, your state public utility commission, your state attorney general, or any other government agency.

M. Governing Law

1. This agreement is governed by the laws of the State of New York and the United States, except that if you live in another state, you keep the protections of your home state's consumer protection laws that cannot be waived by contract.
2. Any dispute that is not subject to arbitration and is not brought in small claims court must be brought in the state or federal courts located in Albany County, New York, unless the law of your state of residence requires otherwise.

N. Changes to the Service, Prices, and This Agreement

1. We may change the Service or your Account at any time.
2. If we raise our prices, we will give you at least thirty (30) days' written notice first. Pass-through taxes and government fees are covered by Section D instead.
3. We may update this agreement, the AUP, the 911 Disclosure, or the SLA. We will notify you when changes take effect. If you object to a material change, you can cancel under Section B without penalty for the rest of your current billing cycle. Continuing to use the Service after a change takes effect means you accept it.

O. Notices

1. We will send notices to the email or postal address on your Account, and they are effective when sent, so please keep your contact information current. You can send us notices by email to the support address on our website or by mail to the address in Section A; they are effective when we receive them.

P. Assignment

1. You may not transfer this agreement or your Account to someone else without our written consent. We may assign this agreement to an affiliate or as part of a merger, acquisition, or sale of our business.

Q. If We End Your Service

1. We may terminate your Account for convenience with thirty (30) days' written notice, in which case we will refund any prepaid, unused amounts on a prorated basis.
2. We may terminate your Account immediately and without notice for cause, including default under Section C, violation of the AUP, or fraud. If we terminate for cause, you remain responsible for all outstanding charges, and prepaid amounts are not refunded.

R. The Fine Print

1. If any part of this agreement is found unenforceable, the rest of it still applies. Section headings are for convenience only.
2. This agreement, together with the AUP, the 911 Disclosure, the SLA, the Privacy Policy, and our current rates, is the entire agreement between you and us about the Service, and it replaces any earlier discussions or representations.
3. Sections C and D (for amounts you owe), E.4 (equipment return), J, K, L, M, and R survive after this agreement ends.
4. If we don't enforce a part of this agreement right away, we can still enforce it later.