ORDER NO. 29321 RECEIVE AND OPEN BIDS FOR LONG DISTANCE TELEPHONE SERVICE Came to be heard this the 22nd day of August, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Accept and refer the 2 long distance telephone service bids to the IT Manager for review and recommendation to bring back to the Court. ~ ~ ~~ _3a ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John D. Trolinger MEETING DATE: August 22, 2005 OFFICE: Information Technology TIME PREFERRED: 9AM SUBJECT: Receive and open sealed bids for long distance service. Consider, discuss and approval of a long distance telephone service provider. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 4 Minutes IF PERSONNEI. MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5. Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: lad All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be~ appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. NOTICE OF PUBLICATION Kerr County is soliciting bids for long distance telecommuaicatioa service. Information concerning specifications can be obtained from the office of the Auditor or Information Technology at 700 Main Street or by calling 830 792-2237 or 830 370-1238 on weekdays between 8:00 A.M. and 5:00 P,M. Sealed bids must be received in the County Clerk's office at 700 Main Street, Rm 122, Kea County Courthouse by 9:00 A.M. on August 22, 2005. Kerr County reserves the right to reject all proposals. Ken County is an equal opportunity employer. Please publish on Friday, August 5`" & 19th. Please send affidavit and copy of tear sheet to: Ken County Auditor ~.i ~,p.. ~hohe Wn$p'~~hee gville Te1ep 955 water 5t~e 4.0.6ox 2901 ash 78029.01'~~ KetNille, T~ all ~ friend. C CpUtd GOMMISSION~RS "ZR ~``~• K~¢R p~1.1VER~0 7126105 .tGi~ ~ ~, HP~O ~,,,,~-~a'' Call us• KTL~ Kerrville Telephone Long Distance 955 Water Street P.O. Box 290130 Kerrville, Texas 78029-0130 (830) 896-] 111 www.ktc.com PROPOSAL FOR LONG DISTANCE SERVICES FOR KERB COUNTY duly 25, 2005 5 Cent Saver Plan: Monthly Recurring Charge: $5.95 per month. (Is typically charged per access line, KTLD will waive this fee on all but one access line.) Direct Dialed Calls: will be billed at 5 cents per minute for both inter-state and intra-state calls. Calls will be billed in 6 second increments with an 18 second minimum. Incoming Toll Free Calls: will be billed at 9 cents per minute, billed in 6 second increments with an 18 second minimum. Calling Card Calls: will be billed at 9 cents per minute with no service charge. Calls will be billed in 60 second increments. Account Code Billing: Offered at no additional charge. This bid is respectfully submitted by: r' L~ ~~.~ /) Charles Kunz General Manager Kerrville Telephone Company A family member of Kerrville Telephone Co. and Kerrville Communications Corporation Long Distance Service Proposal Prepared for Kerr County Government August 22, 2005 Page 1 of 8 Long Distance Service Proposal Frontera Telecommunications, Inc. is a Kerrville based locally owned company committed to provide you the highest quality and most reliable service possible. We are pleased to offer Kerr County Government with the following Long Distance Service Proposal. PROPOSAL OPTION A - VOIP Lonq Distance Service Domestic Long Distance $0.045 cents per minute to anywhere, anytime within the continental United States. Directory Assistance $0.85 cents per call with call completion at no additional charges (Area Code + 555-1212). Off-Shore Domestic, Mexico, & International rates are located on the enclosed CD. Account Codes - No additional charges apply. Account Code Billing - No additional charges apply. PIC Charges - No additional charges apply OPTION B -Traditional Lonq Distance Service Domestic Long Distance $.075 cents per Minute anywhere, anytime within the continental United States. Directory Assistance $1.00 per call with call completion for an additional charge of $1.00 (Area Code + 555-1212). Off-Shore Domestic, Mexico, & International rates are located on the enclosed CD. Account Codes -Setup Fee $10.00 Additions or Deletions $10.00 per occurrence Account Code Billing - No additional charges apply. PIC Charges -Local Phone Company will charge a fee for changing your PIC (Primary Intralata/ Interlata exchange Carrier), The PIC fee is assessed per line. Please call you local telephone provider for more information. OPTION C -Combo Lonq Distance Service Combine Options A & B on one invoice. Provides Long Distance Calling diversity u11a1~ Page 2 of 8 Telec Eommunicntions. Inc. SERVICE DESCRIPTION OPTION A - VOIP Lonq Distance Service Frontera Telecommunications, Inc will provide Kerr County Government with Voice over Internet Protocol equipment. The equipment will be connected to Kerr County LAN to access the public internet and to the Kerr County Phone system. Frontera will program the Kerr County Key system to allow employees to access the VOIP Long Distance trunks by dialing 77 from their desk phone. Upon dialing 77, the employee will receive dial tone and make the 1 plus long distance call or international call. After dialing the 1+ destination number, the employee will be asked to enter their authorization code. All account codes will be verified and if the code entered is not valid, the system will notify the employee the code is invalid and to please try again. The system will only allow three attempts to enter the code correctly to prevent possible fraud. After the account code is validated, the call will complete to the dialed number. If Kerr County needs to add or delete personal account codes for the VOIP Long Distance, it will be done at no additional cost. The VOIP Long Distance Service will only support 1 plus long distance calling, international 011 + Country Code and number dialing, Directory Assistance Dialing (1+Area code + 555-1212), & 800 Number dialing (1+8XX-XXX-XXXX). The VOIP Long Distance Service does not support local calling, 211, 311, 411, 911, or Operator Assisted dialing. These types of calls will need to be made by dialing 9 on the Kerr County's key system. The VOIP Long Distance Service is dependant on Kerr County's High Speed Internet connection and will not work if the High Speed Internet connection is out of service. OPTION B -Traditional Lonq Distance Service Frontera Telecommunications, Inc will provide Kerr County Government with Traditional Long Distance Service by requiring Kerr County to change the PIC (Primary Intralata/ Interlata exchange Carrier) on the County's local access lines to 333 owned by Sprint. The local telephone company will assess a charge to change Kerr Counry's lines to the Sprint 333 PIC. Kerr County employees will access the Traditional Long Distance Service by dialing 9 from their desk phone. Upon dialing 9, the employee will receive dial tone and make the 1 plus long distance call or international call. After dialing the destination number, the employee will hear a tone. The tone is requesting the employee enter their authorization code. All account codes will be verified and if the code entered is not valid, the system will play a message to please try again and disconnects the call. The system will only allow one attempt to enter the code correctly to prevent possible fraud. After the account code is validated, the call will complete to the dialed number. The initial setup fee for account codes is $10.00. If Kerr County needs to add or delete a personal account code for the Traditional Long Distance, the charge will be $10.00 per occurrence. The Traditional Long Distance Service will support 1 plus long distance calling, international (011 + Country Code and number dialing), Directory Assistance Dialing (1+Area code + 555-1212), & 800 Number dialing (1+8XX-XXX-XXXX) 211, 311, 411, 911, and Operator Assisted dialing. 11~r Page 3 of 8 Telecom!!'`mQQUnicntions, Inc. BILLING The billing invoice will be sent as an Adobe Acrobat file via email to the county auditor. Please see enclosed CD for Sample billing softcopy file example. This billing file can be easily opened using Adobe Acrobat Reader for review or printing. The billing will be broken down by department and personal account codes within each department to make accounting reconciliation easier. Please see enclosed hardcopy of the sample invoice. Kerr County can specify the monthly billing cycle. Kerr County is responsible for all applicable taxes. If the county is tax exempt from any taxes, Frontera will need to obtain a tax exempt certificate from the county and will cease assessing taxes for those exemptions. ADDITIONAL POTENTIAL SAVINGS Option A - VOIP Long Distance could save Kerr County additional tax dollars by not requiring as many outbound telephone lines to the local phone company. Unlike the traditional long distance service, the VOIP Long Distance does not require a local access line to function, thus saving the county the cost of that local line. Example: If the county subscribes to 6 Lines of our service, the county can disconnect 6 lines from the local telephone company and save $29.60 per month per line. This does not include the additional applicable taxes that are assessed on each line. The estimated savings of a 6 line reduction is $177.60 per month. That is $2131.20 saved annually. Additionally, the lines could be used to enhance intra department communications by providing direct communications between the Kerr County Courthouse Phone system and the Kerr County Jail Phone system. Recently, the VOIP Long Distance was tested by the District Judges Department & Auditors Department to ensure the product would perform to the county's expectations. The test was very successful and allowed us to produce a sample invoice for the county to review. ABOUT US Frontera Telecommunications, Inc. is owned by Curtis H. Hunt and Herman C. Roark, Jr. and received its Service Provider Certificate of Operating Authority (SPCOA) from the Public Utility Commission to provide facilities based, data and resale telecommunications services for the entire State of Texas in 2001. Frontera Telecom has also obtained certification as an Inter-exchange Carrier to provide long distance services and is currently working in conjunction with sister company TRC Telecom to provide switched access in certain Regional Bell Operating Company (RBOC) markets. Proposal Submitted by: Proposal Accepted by: ~ s~ G er a .Roark, Jr., President Fron a Telecommunications, Inc Date: ~'aa - D ~ Telecommunications, Inc. Authorized Kerr County Official Print Name: Date: Check one: Option A ^ B ^ C ^ Page 4 of 8 VOIP LONG DISTANCE TERMS OF SERVICE 1. EMERGENCY SERVICES - 911 DIALING 1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not Support traditional 911 or E911 access to emergency services; therefore, 911 dialing is not supported a will not work from the Service. CUSTOMER'S INITIALS 1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. In the event of a power failure or disruption in the power supply, the Service, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service. (b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service from functioning. (c) Service Outage Due to Suspension or Termination of Your Frontera Account. Service outages due to suspension or termination of your account will prevent all Service from functioning. (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that Frontera is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. (e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. 2. SERVICE 2.1 Term. Service is offered on a monthly basis for a term that begins on the date that Frontera activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges in the event that you do not provide the requisite ten-days notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. We will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit fhe use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. 2.2 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. eli~ Page 5 of 8 Telecommunications, Inc. 2.3 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. 2.4 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement. 2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling 3.1 Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Frontera charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: Billing Department Frontera Telecommunications, Inc. 2123 Sidney Baker St. Kerrville, TX 78028 -or- sally.tullos~fronteratelecom.com 3.2 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate. 4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES 4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power to you; outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; any act or omission by you or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period. -`-'~ Page 6 of 8 Telecammunicntions, Inc. 4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL FRONTERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. 4.3 Indemnification and Survival. (a) Indemnification. You shall defend, indemnify, and hold harmless Frontera, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device. (b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive. 4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANTTHATTHE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER FRONTERA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, W ILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF FRONTERA'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY FRONTERA OR FRONTERA'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND 4.5 Device Warranties (a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty ai the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. (b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device "as is". You are not entitled to replacement, repair or refund in the event of any defect. (c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS. 4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. „/`u Page 7 of 8 Telecommunications, Inc. 4.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content. 5. MISCELLANEOUS 5.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Texas without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 52, you shall submit to the personal and exclusive jurisdiction of the courts located within the state of Texas and waive any objection as to venue or inconvenient forum. 5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Kerrville, Texas. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANV STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall 6e arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TEXAS. 5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. 5.4 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Frontera and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Frontera and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. 5.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity ornon-enforceability will not invalidate or render unenforceable any other portion of this Agreement. 6. FUTURE CHANGES TO THIS AGREEMENT We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.Fronteratelecom.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device. 7. PRIVACY Frontera Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Frontera is not liable for any lack of privacy which may be experienced with regard to the Service. ~~ Page 8 of 8 Telecommunications, Inc.