Terms of Service
Legal terms and conditions for using our network optimization services
Last updated: August 22, 2024
1. Acceptance of Terms
By accessing and using the services provided by ClearCall QoS Studio ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and ClearCall QoS Studio.
If you do not agree to these Terms, you must not access or use our services. Your continued use of our services following any changes to these Terms constitutes acceptance of those changes.
2. Description of Services
ClearCall QoS Studio provides professional network optimization services specifically designed for video conferencing applications. Our services include:
- Comprehensive network assessments and performance auditing services
- Quality of Service (QoS) configuration and optimization implementation
- Device prioritization planning and traffic management solutions
- Real-time network monitoring and performance reporting systems
- Video conferencing platform optimization for Zoom, Microsoft Teams, and Google Meet
- Bufferbloat detection and mitigation strategies
- Wi-Fi contention analysis and interference resolution
- ISP behavior analysis and upstream shaping rule implementation
- DSCP tagging configuration and policy-based traffic management
- On-site installation and configuration services
- Ongoing technical support and maintenance services
- Custom network optimization consulting and advisory services
3. Service Agreements and Subscriptions
3.1 Service Packages
We offer various service packages including one-time assessments, ongoing subscriptions, and professional installation services. Specific terms for each service package will be outlined in your service agreement.
3.2 Subscription Services
- Subscription services are billed on a recurring basis as specified in your service agreement
- Subscription fees are due in advance and are non-refundable except as required by law
- We reserve the right to modify subscription pricing with 30 days' written notice
- Subscription services may be cancelled with appropriate notice as specified in your agreement
3.3 Professional Services
- One-time professional services require payment prior to service delivery
- On-site services are subject to additional terms regarding access and scheduling
- Custom consulting services are governed by separate statements of work
4. Client Responsibilities and Obligations
To ensure successful service delivery, clients agree to:
- Provide accurate and complete information about network infrastructure and requirements
- Grant necessary access to network equipment and systems for assessment and optimization
- Maintain appropriate security measures and access controls for network systems
- Implement recommended changes and configurations in a timely manner
- Provide feedback and performance data to support ongoing optimization efforts
- Notify us promptly of any changes to network infrastructure or requirements
- Comply with all applicable laws and regulations regarding network operations
- Maintain current contact information and communication preferences
- Pay all fees and charges in accordance with agreed payment terms
- Use services only for legitimate business purposes and in accordance with these Terms
5. Payment Terms and Billing
5.1 Payment Processing
- All payments are processed securely through our authorized payment processors
- We accept major credit cards, ACH transfers, and wire transfers as specified
- Payment information must be current and accurate for successful processing
- Failed payments may result in service suspension or termination
5.2 Billing and Invoicing
- Invoices are generated according to your service agreement terms
- Payment is due within 30 days of invoice date unless otherwise specified
- Late payments may incur additional fees as outlined in your service agreement
- Disputed charges must be reported within 60 days of billing date
5.3 Refunds and Credits
- Refunds are provided only as specified in your service agreement or as required by law
- Service credits may be applied for documented service level failures
- Refund requests must be submitted in writing with supporting documentation
6. Intellectual Property Rights
6.1 Company Intellectual Property
All proprietary methodologies, software tools, documentation, and optimization techniques developed by ClearCall QoS Studio remain our exclusive intellectual property. This includes:
- Proprietary network assessment and optimization methodologies
- Custom software tools and diagnostic applications
- Performance monitoring and reporting systems
- QoS configuration templates and optimization profiles
- Technical documentation and best practice guides
6.2 Client Data and Configurations
- Clients retain ownership of their network data and configuration information
- We may use aggregated, anonymized data for service improvement and research
- Client-specific configurations and optimizations remain confidential
7. Confidentiality and Data Protection
We are committed to protecting the confidentiality of client information:
- All client network information and performance data is treated as confidential
- We implement industry-standard security measures to protect client data
- Access to client information is restricted to authorized personnel only
- We comply with applicable data protection laws and regulations
- Confidentiality obligations survive termination of service agreements
- We may disclose information only as required by law or with client consent
8. Service Level Agreements and Performance
8.1 Performance Standards
We strive to deliver services that meet or exceed industry standards for network optimization. Specific performance metrics and service level agreements are outlined in individual service contracts.
8.2 Service Availability
- We maintain high availability for monitoring and support services
- Planned maintenance activities are scheduled during off-peak hours when possible
- Emergency maintenance may be performed as needed to maintain service quality
8.3 Performance Guarantees
- Specific performance improvements are guaranteed as outlined in service agreements
- Service credits may be provided for documented performance failures
- Performance guarantees are subject to client compliance with recommended configurations
9. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claims arising from services shall not exceed the fees paid for the specific service giving rise to the claim
- We shall not be liable for indirect, incidental, special, consequential, or punitive damages
- We are not responsible for damages caused by client failure to implement recommendations
- We are not liable for network performance issues beyond our control
- Liability limitations apply regardless of the theory of liability
- Some jurisdictions may not allow certain liability limitations
10. Indemnification
Client agrees to indemnify and hold harmless ClearCall QoS Studio from claims arising from:
- Client's use of services in violation of these Terms
- Client's failure to implement security measures or access controls
- Unauthorized access to client systems or data
- Client's violation of applicable laws or regulations
- Third-party claims related to client's network operations
11. Termination
11.1 Termination by Client
- Clients may terminate services with written notice as specified in service agreements
- Termination does not relieve client of payment obligations for services already provided
- Early termination of subscription services may result in additional fees
11.2 Termination by Company
- We may terminate services for non-payment or material breach of Terms
- We may suspend services immediately for security violations or illegal activities
- We will provide reasonable notice of termination except in cases of immediate security risk
11.3 Effect of Termination
- Upon termination, access to monitoring and support services will cease
- Client data will be returned or destroyed as specified in service agreements
- Confidentiality obligations and liability limitations survive termination
12. Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved as follows:
- Initial disputes should be addressed through direct communication with our support team
- Unresolved disputes may be submitted to binding arbitration under applicable arbitration rules
- Arbitration shall be conducted in Philadelphia, Pennsylvania
- The prevailing party may be entitled to recovery of reasonable attorney fees
- Class action lawsuits and jury trials are waived to the extent permitted by law
13. Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict of law principles. Any legal proceedings shall be conducted in the appropriate courts of Philadelphia County, Pennsylvania.
14. Contact Information
For questions about these Terms of Service or to report violations, please contact us:
Email: [email protected]
Phone: +1 917-406-2948
Address: ClearCall QoS Studio
2334 E Cumberland St
Philadelphia, PA 19125, USA
15. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Material changes will be communicated to clients via email or prominent website notice. Continued use of services after changes constitutes acceptance of modified Terms.