Scope of the Terms & Conditions
These terms and conditions, including the Privacy Policy referenced herein (available at www.tresta.com) (collectively, the “Agreement”), set forth the terms and conditions that apply to your use of this website (“the Website” or “the Site”) and the Services (as defined below). “Customer, “you” and “your” mean the customer of the Services defined below, and “Tresta,” “we,” “our,” and “us” include Tresta, Inc. and any of its affiliates involved in providing you with the Services. Your enrollment in, use of or payment for the Services, confirms your unconditional acceptance and agreement to the terms and conditions set forth in this Agreement (including Tresta’s Privacy Policy available on the Website). If you do not agree to be bound by this Agreement, you may not use the Services.
By purchasing the Services, you agree that you are over the age of eighteen, authorized to use the Services, and are responsible for paying for the Services per these Terms and Conditions. By purchasing the Services, you agree that you are over the age of eighteen, authorized to use the Services, and are responsible for paying for the Services per these Terms and Conditions.
By purchasing the Services, you agree that you are over the age of eighteen, authorized to use the Services, and are responsible for paying for the Services per these Terms and Conditions. By purchasing the Services, you agree that you are over the age of eighteen, authorized to use the Services, and are responsible for paying for the Services per these Terms and Conditions.
Basically the lawyers are saying:
This Agreement applies to you, and you are 18 or older.
Agreement
This Agreement will begin, and a binding contract will exist between Tresta and you when you subscribe to the Services. It will continue on a month to month basis until terminated as set forth herein.
Basically the lawyers are saying:
Our Services are month to month until one of us decides to turn the Services off.
The Services
Tresta provides a cloud-based phone system with features such as call forwarding, call routing, auto attendant, and more (the “Services”). The Services may not be available in all areas, and are subject to the terms and conditions outlined below.
Calling
Geographic Scope. The Services only support calls to and from the U.S. and Canada (U.S. and Canadian phone numbers). We reserve the right, in our sole and exclusive discretion, to block access to and from specific phone numbers or geographic locations that that we deem to be fraudulent.
Fraudulent Calls. We cannot control the calls that are placed to phone numbers you provision from or port into Tresta. If you become aware of or suspect that fraudulent activity is occurring on phone numbers you have provisioned from Tresta, it is your responsibility to notify us in writing immediately so that appropriate action can be taken to minimize costs. You are solely responsible for all charges incurred on your Account whether or not they are incurred by you personally, except those incurred after a suspension of your Account due to your written notification to us of unauthorized access.
Service Interruptions. You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruptions of service may be provided on a case-by-case basis at the sole discretion of Tresta and shall be your sole remedy for any service interruptions or problems with the Services.
Fraudulent Calls. We cannot control the calls that are placed to phone numbers you provision from or port into Tresta. If you become aware of or suspect that fraudulent activity is occurring on phone numbers you have provisioned from Tresta, it is your responsibility to notify us in writing immediately so that appropriate action can be taken to minimize costs. You are solely responsible for all charges incurred on your Account whether or not they are incurred by you personally, except those incurred after a suspension of your Account due to your written notification to us of unauthorized access.
Service Interruptions. You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruptions of service may be provided on a case-by-case basis at the sole discretion of Tresta and shall be your sole remedy for any service interruptions or problems with the Services.
Phone Numbers
Ownership of Phone Numbers. Tresta provides toll-free and local phone numbers. You own any phone number provisioned through Tresta, or ported in to Tresta from a third-party provider.
Porting In and Out. You may port (transfer) phone numbers to another carrier at no charge. You must, however, notify us of the transfer of the number so that we can assure it is added or removed from your Account accordingly.
You are responsible for all charges that accrue on your Account regardless of whether a phone number was transferred to another carrier if you don’t notify us of the transfer. If you transfer numbers to another carrier and intend to cancel your Tresta Account, you must notify us by calling +1 (844) 2-TRESTA so that all charges can be terminated.
Tresta will use reasonable efforts to help you port numbers in or out of our Services. You understand, however, that the number porting process depends on third parties outside of Tresta’s control. Tresta will not be liable for any failure or delay of a third party to cooperate in the porting of a phone number, or for the allegedly unauthorized porting of a telephone number by a third party.
Termination of Account/Reassignment of Phone Numbers. After an Account is terminated for any reason, Tresta may reassign phone numbers on your Account to other customers or to a reserve inventory. The number will then be unavailable for you to transfer to another carrier, and Tresta will not be responsible for any costs which result due to the loss of a phone number. It is your responsibility to transfer numbers to other carriers prior to terminating the Tresta Account if you wish to retain those phone numbers.
Phone Number Testing. Tresta makes every effort to ensure that phone numbers provisioned to you are working immediately after purchase. There are some technical considerations, however, which are beyond Tresta’s control. Therefore, you must test any phone number provisioned by Tresta immediately after purchase to ensure it is working properly. Tresta will not be responsible for any advertising expenses or other costs which could have been avoided had you tested the phone number immediately after purchase.
Disputes over Phone Numbers. Tresta will not adjudicate disputes over ownership of an Account or phone numbers. In the event a dispute is not resolved independent of Tresta, Tresta reserves the right to terminate an Account to avoid further charges from accruing.
Porting In and Out. You may port (transfer) phone numbers to another carrier at no charge. You must, however, notify us of the transfer of the number so that we can assure it is added or removed from your Account accordingly.
You are responsible for all charges that accrue on your Account regardless of whether a phone number was transferred to another carrier if you don’t notify us of the transfer. If you transfer numbers to another carrier and intend to cancel your Tresta Account, you must notify us by calling +1 (844) 2-TRESTA so that all charges can be terminated.
Tresta will use reasonable efforts to help you port numbers in or out of our Services. You understand, however, that the number porting process depends on third parties outside of Tresta’s control. Tresta will not be liable for any failure or delay of a third party to cooperate in the porting of a phone number, or for the allegedly unauthorized porting of a telephone number by a third party.
Termination of Account/Reassignment of Phone Numbers. After an Account is terminated for any reason, Tresta may reassign phone numbers on your Account to other customers or to a reserve inventory. The number will then be unavailable for you to transfer to another carrier, and Tresta will not be responsible for any costs which result due to the loss of a phone number. It is your responsibility to transfer numbers to other carriers prior to terminating the Tresta Account if you wish to retain those phone numbers.
Phone Number Testing. Tresta makes every effort to ensure that phone numbers provisioned to you are working immediately after purchase. There are some technical considerations, however, which are beyond Tresta’s control. Therefore, you must test any phone number provisioned by Tresta immediately after purchase to ensure it is working properly. Tresta will not be responsible for any advertising expenses or other costs which could have been avoided had you tested the phone number immediately after purchase.
Disputes over Phone Numbers. Tresta will not adjudicate disputes over ownership of an Account or phone numbers. In the event a dispute is not resolved independent of Tresta, Tresta reserves the right to terminate an Account to avoid further charges from accruing.
Call Recording
Availability. You have the option to have all calls placed through the Tresta platform recorded. Copies of recordings can be accessed by logging into your Account at www.tresta.com. Call recordings can also be downloaded or emailed to you via your Account or by contacting customer service.
Legal Requirements.. Significant laws govern the recording of telephone calls, and these laws vary by State. You are required to obtain consent from all participants of the call to record a conversation. You are solely responsible for complying with all federal, state and local laws in any relevant jurisdiction when using this feature. Tresta expressly disclaims all liability with respect to the recording of telephone conversations. You agree to fully, finally and forever release, discharge, hold harmless and fully indemnify Tresta from and against any damages or liabilities of any kind related to your recording of conversations using the Services.
Legal Requirements.. Significant laws govern the recording of telephone calls, and these laws vary by State. You are required to obtain consent from all participants of the call to record a conversation. You are solely responsible for complying with all federal, state and local laws in any relevant jurisdiction when using this feature. Tresta expressly disclaims all liability with respect to the recording of telephone conversations. You agree to fully, finally and forever release, discharge, hold harmless and fully indemnify Tresta from and against any damages or liabilities of any kind related to your recording of conversations using the Services.
Basically the lawyers are saying:
We work in the US and Canada. Test your numbers and let us know if they don’t work or if you suspect fraud. If you want to take a phone number with you to another carrier, let us know before you cancel services or else you might lose your number. Don’t record calls without telling the other person!
Account Set-up and Maintenance
Customer Information. You agree to provide Tresta with true, accurate, current and complete contact information and to maintain this information accordingly. You are responsible for updating us as soon as reasonably possible of any changes to your contact details.
Account Set-up. You shall be responsible for setting up and maintaining an Account with Tresta, pursuant to the terms and conditions of this Agreement and any directives from us. A credit card is required to set up an Account, and for billing purposes.
Account Ownership. Account ownership may be transferred to another individual or business upon the written request of an existing Account owner, our written approval, and the written approval of the recipient. Individuals who create an Account on behalf of a business represent and warrant that they possess the legal right, capacity and ability to enter into this Agreement with Tresta on behalf of the business. If the individual lacked the legal right, capacity and ability to enter into this Agreement on behalf of the business, the individual will be held liable for all charges on the Account.
Account Set-up. You shall be responsible for setting up and maintaining an Account with Tresta, pursuant to the terms and conditions of this Agreement and any directives from us. A credit card is required to set up an Account, and for billing purposes.
Account Ownership. Account ownership may be transferred to another individual or business upon the written request of an existing Account owner, our written approval, and the written approval of the recipient. Individuals who create an Account on behalf of a business represent and warrant that they possess the legal right, capacity and ability to enter into this Agreement with Tresta on behalf of the business. If the individual lacked the legal right, capacity and ability to enter into this Agreement on behalf of the business, the individual will be held liable for all charges on the Account.
Basically the lawyers are saying:
Keep your contact information with us up to date, and let us know if you need to transfer the ownership of an Account to someone else.
Access to Services
Administrators. You may designate specific Users to make changes to the Account by adding the User to either the “System Admin” or “Billing Admin” User Group. A User who is a member of the System Admin User Group will have permission to, and access to, modify all configurations on the Account (such as adding/removing phone numbers, adding/removing Users and configuring call routing options), but cannot view or modify information related to billing. A User who is a member of the Billing Admin User Group will have permission to, and access to, view and modify all billing-related activities (such as adding/deleting/removing credit cards, viewing statements, and cancelling the Account) but cannot modify how the Services are configured. A User may be a member of both the System Admin and Billing Admin User Group. Users must establish a verification question and answer before Tresta will permit them to access or change the Account. It is the responsibility of the System Administrators to update and maintain Users on the Account. Tresta will not be responsible for changes made on an Account pursuant to a request by a System Admin or Billing Admin.
Access to Customer’s Account. Tresta will assume that any individual that creates an Account has the legal right to set up the Account, transfer Account ownership, terminate the Account, setup or transfer phone numbers to another provider, and otherwise manage the Account. With respect to any Business Account, Tresta will make this assumption unless Tresta is otherwise notified in writing by a representative of the business who can demonstrate this legal right (typically an officer or director).
Password Protection. You are responsible for maintaining a password. Tresta is not responsible for activities that happen on the Account by the sharing of the password or the granting of access to your Account.
Transmission of Content. You are solely responsible for the content you transmit via the Services. We will not be responsible for any content sent or received by you.
Access to Customer’s Account. Tresta will assume that any individual that creates an Account has the legal right to set up the Account, transfer Account ownership, terminate the Account, setup or transfer phone numbers to another provider, and otherwise manage the Account. With respect to any Business Account, Tresta will make this assumption unless Tresta is otherwise notified in writing by a representative of the business who can demonstrate this legal right (typically an officer or director).
Password Protection. You are responsible for maintaining a password. Tresta is not responsible for activities that happen on the Account by the sharing of the password or the granting of access to your Account.
Transmission of Content. You are solely responsible for the content you transmit via the Services. We will not be responsible for any content sent or received by you.
Basically the lawyers are saying:
Make sure you stay current on your System and Billing Administrators, and don’t trust people with your password unless you agree to let them make changes on your Account.
Billing, Credits and Charges
Billing Subject to Change. Tresta reserves the right to change its billing methods in its sole discretion at any time without notice.
Billing Increments. Minutes are billed in six-second increments, with a 6-second billing minimum for calls to all available destinations.
Tresta Changes to Plans and Pricing. All available price plans are published on the Website, which will be regularly updated with price changes and special offers. We can change the applicable usage charges and plan pricing at any time by posting the changes on the Website. You can contact Customer Service and request details of our prices or any price change at any time at +1 (844) 2-TRESTA.
Customer Changes to Purchased Plans. You can make changes to plans or features at any time by contacting Customer Service at +1 (844) 2-TRESTA or by logging into your Account online and modifying your selections.
Billing Credits and Adjustments. Any credits or adjustments for mid-month changes to Services will be reflected on your next statement.
Monthly Billing. You will be billed once per month. You must have a valid credit card on file to maintain the Services. Credit cards will be automatically charged five (5) calendar days after a statement is generated on each Customer Account.
Credit Card on File. It is your sole responsibility to update credit cards on file in the event a credit card is closed or expires. Time is of the essence for payment.
Billing Cycle. Your billing cycle will be on the same day each month and is determined by the date of sign-up or re-activation on your Account. For example, if you sign up on the 3rd of the month, your bill cycle will run from the 3rd to the 2nd of each month. If you sign up after the 28th of any given month, your billing cycle will begin on the 28th day of the month and end on the 27th day of the following month.
Invoice Delivery. By default, billing related communications will be sent to the email addresses associated with any User who is a member of the Billing Admin User Group. You may also request that billing related communications be copied to additional addresses by configuring this in your Account or by contacting Customer Service. It is your responsibility to update the email addresses associated with any Tresta Account as needed.
Termination of Account for Non-payment. We reserve the right to terminate your Account due to failure to pay an invoice when due. You will be notified by email if your Account has been terminated. Tresta will not be responsible for any missed calls, advertising costs or other damages that result from the termination of any Account due to non-payment.
Fees for Non-payment. If an Account balance remains unpaid, an Account may be turned over to an outside, third-party collections agency. The collection agency imposes charges of 14% on business Accounts, and this fee is passed on to any non-paying Customer. This fee amount is subject to change without notice.
Declined Credit Card. If a credit card payment is declined, we will attempt to recharge it on several occasions without advance notice. If we do not receive payment, either through an automated recharge or by a payment initiated by Customer, within twenty-one (21) calendar days from the statement date, the Account will be closed for non-payment. You can re-activate the Account by paying the balance due in full.
New Account Balance. Customers with a past due balance will be charged the full balance due upon opening a new Account or re-activating a closed Account.
Credits and Refunds. Tresta plans and bundled allowances may only be used for our Services, and you will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this Agreement. Credits and allowances are not transferable, and no interest will be payable on credit balances or allowances. Credits issued on an Account will be applied toward future charges and balances and will not be refunded to a credit card except (a) in unusual circumstances as approved by a Customer Service Manager; or (b) after the termination of an Account, in which case negative balances will be refunded to a credit card five (5) calendar days after the final statement is generated.
Disputed Charges. You must notify us by e-mail to support@tresta.com of any disputed charges/debits within thirty (30) days of the statement date reflecting the disputed charge. To the extent we determine that a billing adjustment is warranted, we will credit your Account accordingly. If you fail to notify us of a billing dispute as noted above, you hereby waive all rights to bring any claim regarding the particular charge/debit.
Billing Increments. Minutes are billed in six-second increments, with a 6-second billing minimum for calls to all available destinations.
Tresta Changes to Plans and Pricing. All available price plans are published on the Website, which will be regularly updated with price changes and special offers. We can change the applicable usage charges and plan pricing at any time by posting the changes on the Website. You can contact Customer Service and request details of our prices or any price change at any time at +1 (844) 2-TRESTA.
Customer Changes to Purchased Plans. You can make changes to plans or features at any time by contacting Customer Service at +1 (844) 2-TRESTA or by logging into your Account online and modifying your selections.
Billing Credits and Adjustments. Any credits or adjustments for mid-month changes to Services will be reflected on your next statement.
Monthly Billing. You will be billed once per month. You must have a valid credit card on file to maintain the Services. Credit cards will be automatically charged five (5) calendar days after a statement is generated on each Customer Account.
Credit Card on File. It is your sole responsibility to update credit cards on file in the event a credit card is closed or expires. Time is of the essence for payment.
Billing Cycle. Your billing cycle will be on the same day each month and is determined by the date of sign-up or re-activation on your Account. For example, if you sign up on the 3rd of the month, your bill cycle will run from the 3rd to the 2nd of each month. If you sign up after the 28th of any given month, your billing cycle will begin on the 28th day of the month and end on the 27th day of the following month.
Invoice Delivery. By default, billing related communications will be sent to the email addresses associated with any User who is a member of the Billing Admin User Group. You may also request that billing related communications be copied to additional addresses by configuring this in your Account or by contacting Customer Service. It is your responsibility to update the email addresses associated with any Tresta Account as needed.
Termination of Account for Non-payment. We reserve the right to terminate your Account due to failure to pay an invoice when due. You will be notified by email if your Account has been terminated. Tresta will not be responsible for any missed calls, advertising costs or other damages that result from the termination of any Account due to non-payment.
Fees for Non-payment. If an Account balance remains unpaid, an Account may be turned over to an outside, third-party collections agency. The collection agency imposes charges of 14% on business Accounts, and this fee is passed on to any non-paying Customer. This fee amount is subject to change without notice.
Declined Credit Card. If a credit card payment is declined, we will attempt to recharge it on several occasions without advance notice. If we do not receive payment, either through an automated recharge or by a payment initiated by Customer, within twenty-one (21) calendar days from the statement date, the Account will be closed for non-payment. You can re-activate the Account by paying the balance due in full.
New Account Balance. Customers with a past due balance will be charged the full balance due upon opening a new Account or re-activating a closed Account.
Credits and Refunds. Tresta plans and bundled allowances may only be used for our Services, and you will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this Agreement. Credits and allowances are not transferable, and no interest will be payable on credit balances or allowances. Credits issued on an Account will be applied toward future charges and balances and will not be refunded to a credit card except (a) in unusual circumstances as approved by a Customer Service Manager; or (b) after the termination of an Account, in which case negative balances will be refunded to a credit card five (5) calendar days after the final statement is generated.
Disputed Charges. You must notify us by e-mail to support@tresta.com of any disputed charges/debits within thirty (30) days of the statement date reflecting the disputed charge. To the extent we determine that a billing adjustment is warranted, we will credit your Account accordingly. If you fail to notify us of a billing dispute as noted above, you hereby waive all rights to bring any claim regarding the particular charge/debit.
Basically the lawyers are saying:
You have to pay us for the services. This section explains how and when you will pay us.
Free Trial
The Offer. Tresta may make available to you a Free Trial Offer. The Free Trial Offer entitles you to access Tresta Services for a period of up to 30 days (“Free Trial Period”), free of charge, from the moment that you activate your Free Trial subscription, until the conclusion of the Free Trial Period. By submitting your payment details, you (i) accept the Free Trial Offer, (ii) accept the terms of our Privacy Policy, including allowing us to use your payment details consistent with the Policy, (iii) acknowledge and agree to this Agreement, which includes these Free Trial Offer Terms and Conditions. Tresta reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the Free Trial Terms and Conditions at any time without prior notice and without liability. To submit a request to start a valid Free Trial Offer, you must provide your credit card information. Your credit card will not be charged until the Account has been converted to a paid account. Your Account will automatically convert to a paid account at the conclusion of the Free Trial Period if you have not cancelled the Account as directed below.
Eligibility. To be eligible for this Free Trial Offer, you must (i) not be a current subscriber of Tresta, (ii) not be a previous subscriber of Tresta, (iii) have never redeemed a Tresta Free Trial Offer in the past, and (iv) be over the age of eighteen and authorized to use the Services. A limited number of Free Trial Offers are available, while supplies last. Tresta reserves the right to terminate this Free Trial Offer at any time and for any reason without notice and with no liability. Tresta further reserves the right to terminate a specific subscriber’s Free Trial Offer prior to the end of that user’s Free Trial Period at any time, for any reason, including but not limited to a violation of this Agreement, including Tresta’s Reasonable Use Policy, without notice and with no liability. After such time of termination, Tresta shall not be obligated to redeem any further Free Trial Offers.
Activating Your Free Trial Period. To redeem a valid Free Trial offer, sign up online at www.tresta.com or contact Customer Support at the phone number contained herein.
Your Subscription. If you decide that you do not want to remain a paying user of the Tresta Service, you have to cancel your subscription by contacting Customer Support, prior to the end of your Free Trial Period. If you fail to cancel as directed, at the end of your Free Trial Period, you will automatically become a paying user of the Tresta Service at the regular Tresta monthly price, and the payment method you provided will automatically be charged the Tresta monthly subscription fee, usage, and applicable taxes, fees and surcharges each month, until you cancel your subscription as provided in this Agreement. No refunds, adjustments or price protection will be applied to your invoice in the event that a new/subsequent discount or promotional offering becomes available after the conclusion of your Free Trial Period.
Eligibility. To be eligible for this Free Trial Offer, you must (i) not be a current subscriber of Tresta, (ii) not be a previous subscriber of Tresta, (iii) have never redeemed a Tresta Free Trial Offer in the past, and (iv) be over the age of eighteen and authorized to use the Services. A limited number of Free Trial Offers are available, while supplies last. Tresta reserves the right to terminate this Free Trial Offer at any time and for any reason without notice and with no liability. Tresta further reserves the right to terminate a specific subscriber’s Free Trial Offer prior to the end of that user’s Free Trial Period at any time, for any reason, including but not limited to a violation of this Agreement, including Tresta’s Reasonable Use Policy, without notice and with no liability. After such time of termination, Tresta shall not be obligated to redeem any further Free Trial Offers.
Activating Your Free Trial Period. To redeem a valid Free Trial offer, sign up online at www.tresta.com or contact Customer Support at the phone number contained herein.
Your Subscription. If you decide that you do not want to remain a paying user of the Tresta Service, you have to cancel your subscription by contacting Customer Support, prior to the end of your Free Trial Period. If you fail to cancel as directed, at the end of your Free Trial Period, you will automatically become a paying user of the Tresta Service at the regular Tresta monthly price, and the payment method you provided will automatically be charged the Tresta monthly subscription fee, usage, and applicable taxes, fees and surcharges each month, until you cancel your subscription as provided in this Agreement. No refunds, adjustments or price protection will be applied to your invoice in the event that a new/subsequent discount or promotional offering becomes available after the conclusion of your Free Trial Period.
Basically the lawyers are saying:
We may offer a free trial of our Services so that you can see how great our Services are without spending any money. We ask, however, that you use it fairly or else we can cancel your trial at any time. Also, your trial will automatically convert to a paid account, so let us know before that happens if you don’t want to keep the Services.
Taxes and Other Charges
Taxes and Fees. All prices are exclusive of taxes and fees. You must pay all taxes, fees, surcharges and other charges that we bill you for the Services unless you can show documentation satisfactory to us that you are exempt. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law. For more information on taxes and fees, please visit www.tresta.com/pricing/taxes-and-fees.
Estimates. Taxes, fees and surcharges shown during the signup process or on Bill Cycle To Date summaries represent estimated taxes only. Final taxes, fees and surcharges will be calculated when an invoice is processed and may vary due to changes in usage, tax rates or other factors.
Universal Service Charges. You will be responsible for applicable universal service charges unless you submit a valid resale exemption certificate on an annual basis on a form prescribed by Tresta. Absent a valid resale exemption certificate, Tresta will assess applicable federal universal service fund charges (“FUSF Fees”) on your Account. Similarly, Tresta reserves the right to assess state-level universal service fees (“State USF Fees”) on your Account per applicable law, unless you submit valid exemption certifications on forms prescribed by Tresta. If Tresta waives FUSF or State USF Fees for you (in whole or in part) based on information you provided, and Tresta thereafter determines that inaccuracy in the information provided resulted in a waiver of FUSF or State USF Fees with respect to charges that constitute Tresta end-user revenues (as defined by the FCC), then Tresta may bill you for the FUSF or State USF Fees that were waived as a result of such inaccuracy and, if Tresta does bill you this amount, you agree to pay. If you are reclassified as an end user with respect to any service previously exempted, Tresta may bill you for the FUSF or State USF Fees that would have applied with respect to such services in the absence of the waiver plus any applicable late fees and/or interest and, if Tresta does bill you this amount, you agree to pay. You further agree to defend Tresta against any audits, claims, actions or lawsuits resulting from your claim that you are exempt from paying the FUSF or State Fees, and you further acknowledge your responsibility to pay any resulting FUSF or State Fees, damages, expenses, fines, judgments, interest, late fees, liabilities or losses resulting from such audits, claims, actions or lawsuits.
Cost Recovery Fee. A cost recovery fee may be added to invoices containing voice communications charges to offset costs incurred by Tresta in compliance with applicable regulations and collection of federal, state and municipal taxes, fees, contributions and/or charges associated with federal and state universal service and related programs. These include the telecommunications services for the sight and hearing impaired, local number portability, North American Numbering Plan administration, and administrative costs, fees and expenditures related to compliance with Federal regulatory programs and annual FCC regulatory fee obligations and any related fees to ensure compliance. This fee is not a tax or charge required or assessed by any government, but a permissible pass-through fee. You agree to pay such fees as invoiced.
Estimates. Taxes, fees and surcharges shown during the signup process or on Bill Cycle To Date summaries represent estimated taxes only. Final taxes, fees and surcharges will be calculated when an invoice is processed and may vary due to changes in usage, tax rates or other factors.
Universal Service Charges. You will be responsible for applicable universal service charges unless you submit a valid resale exemption certificate on an annual basis on a form prescribed by Tresta. Absent a valid resale exemption certificate, Tresta will assess applicable federal universal service fund charges (“FUSF Fees”) on your Account. Similarly, Tresta reserves the right to assess state-level universal service fees (“State USF Fees”) on your Account per applicable law, unless you submit valid exemption certifications on forms prescribed by Tresta. If Tresta waives FUSF or State USF Fees for you (in whole or in part) based on information you provided, and Tresta thereafter determines that inaccuracy in the information provided resulted in a waiver of FUSF or State USF Fees with respect to charges that constitute Tresta end-user revenues (as defined by the FCC), then Tresta may bill you for the FUSF or State USF Fees that were waived as a result of such inaccuracy and, if Tresta does bill you this amount, you agree to pay. If you are reclassified as an end user with respect to any service previously exempted, Tresta may bill you for the FUSF or State USF Fees that would have applied with respect to such services in the absence of the waiver plus any applicable late fees and/or interest and, if Tresta does bill you this amount, you agree to pay. You further agree to defend Tresta against any audits, claims, actions or lawsuits resulting from your claim that you are exempt from paying the FUSF or State Fees, and you further acknowledge your responsibility to pay any resulting FUSF or State Fees, damages, expenses, fines, judgments, interest, late fees, liabilities or losses resulting from such audits, claims, actions or lawsuits.
Cost Recovery Fee. A cost recovery fee may be added to invoices containing voice communications charges to offset costs incurred by Tresta in compliance with applicable regulations and collection of federal, state and municipal taxes, fees, contributions and/or charges associated with federal and state universal service and related programs. These include the telecommunications services for the sight and hearing impaired, local number portability, North American Numbering Plan administration, and administrative costs, fees and expenditures related to compliance with Federal regulatory programs and annual FCC regulatory fee obligations and any related fees to ensure compliance. This fee is not a tax or charge required or assessed by any government, but a permissible pass-through fee. You agree to pay such fees as invoiced.
Basically the lawyers are saying:
You have to pay your taxes and fees. Thank a politician!
Reasonable Use Policy
No Auto-dialing or Spamming. You cannot use our system to send spam or unsolicited messages, for auto-dialing/predictive dialing, or for other uses which we determine, in our sole discretion, to be abusive.
No Unreasonable Use. You will not use the Services for any unlawful, abusive or fraudulent purpose, including, for example, using the Services in a way that:
High Volume or Unusual Usage. You must notify us in advance if your Account is expected to have a high volume of calls during a particular billing cycle (volume that exceeds 50,000 minutes per month, more than 50 concurrent calls at one time, or if you intend to use the Services for or in television advertising).
Free Trial Usage. The intent of the Free Trial is to allow you to use our Services in a manner consistent with your business practices to determine if our Services would be a good fit for your needs. Free Trial users who use the Services for purposes other than to conduct a fair and reasonable evaluation, or Free Trial users who, in our sole discretion, abuse the Free Trial, may be terminated at any time without notice.
No Unreasonable Use. You will not use the Services for any unlawful, abusive or fraudulent purpose, including, for example, using the Services in a way that:
- Interferes with our ability to provide Services to you or other customers
- Abuses any bonus or promotional program; or
- Avoids your obligation to pay for the Services
High Volume or Unusual Usage. You must notify us in advance if your Account is expected to have a high volume of calls during a particular billing cycle (volume that exceeds 50,000 minutes per month, more than 50 concurrent calls at one time, or if you intend to use the Services for or in television advertising).
Free Trial Usage. The intent of the Free Trial is to allow you to use our Services in a manner consistent with your business practices to determine if our Services would be a good fit for your needs. Free Trial users who use the Services for purposes other than to conduct a fair and reasonable evaluation, or Free Trial users who, in our sole discretion, abuse the Free Trial, may be terminated at any time without notice.
Basically the lawyers are saying:
Be nice. Don’t use our Services for bad things, and let us know if you expect a lot of calls so we can plan accordingly.
Termination
Tresta provides a cloud-based phone system with features such as call forwarding, call routing, auto attendant, and more (the “Services”). The Services may not be available in all areas, and are subject to the terms and conditions outlined below.
When We May Suspend or Disconnect Your Services
We may, without liability to you, suspend or disconnect the Services and/or your Account, without notice and in our sole and exclusive discretion if:
- We are required to do so by the Government and/or emergency service organization or any other competent body or lawful authority (including pursuant to legal investigation/subpoena or court order);
- There is a need for repairs or maintenance, or for operational or security reasons;
- We observe or suspect, in our sole discretion, fraudulent use of your Account;
- Your use of the system is deemed abusive or in violation of the Reasonable Use Policy as defined herein (as determined in our sole discretion);
- You have breached or we suspect a breach by you of this Agreement;
- You do not use the Services in compliance with applicable laws and regulations;
- You disparage Tresta (online, verbally, through social media or otherwise);
- You fail to pay for Services as required under this Agreement; and/or
- You are abusive to Customer Support or other Tresta employees.
When You May Terminate Your Services
Termination. You may terminate at any time by calling Customer Service at +1 (844) 2-TRESTA.
Refunds. If you terminate the Services and have a credit balance on file, the credit balance will be refunded to the credit card on file within five (5) calendar days after the Account is canceled.
Effect of Termination. 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 to any third party. We may require re-activation charges to renew Services after termination or suspension.
Refunds. If you terminate the Services and have a credit balance on file, the credit balance will be refunded to the credit card on file within five (5) calendar days after the Account is canceled.
Effect of Termination. 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 to any third party. We may require re-activation charges to renew Services after termination or suspension.
Basically the lawyers are saying:
You can cancel your Services at any time. We can cancel or suspend your Services if you do something that upsets us.
Unavailability of 911
The services do not include e911 or 911 service. The services are intended to support connectivity to Tresta’s platform only and do not provide full-service inbound and outbound calling/dial tone service. Customer may not use the service to make emergency calls. In the event of an emergency, hang up and dial 911 from a 911-enabled phone.
Basically the lawyers are saying:
Hang up, choose a different phone, and dial 911! We do not provide 911 calling.
911 Indemnity
Tresta shall have no liability or responsibility arising out of any E911/911 services provided by any third-party provider or any acts, omissions, failures or interruptions of service, negligence or other misconduct of any 911 service provider, or customer. Tresta makes no representation or warranty, express or implied, with respect to the nature, scope, extent, performance, compatibility, or quality of any 911 emergency or similar services offered by a third-party provider for use with the services. customer hereby agrees to indemnify, defend and hold harmless Tresta and its officers, directors, managers, employees, affiliates, attorneys, and agents, from and against any and all claims, demands, suits, proceedings, liabilities, settlements, attorneys’ fees, costs, expenses, penalties, fines, judgments and damages of any kind whatsoever (including, without limitation, reasonable attorneys’ fees) by or on behalf of a customer or any user, arising out of or otherwise relating to any failure of E911 or 911 service used in conjunction with the Tresta services.
Basically the lawyers are saying:
We are not responsible for anything that happens if you use a third party company for 911 services in conjunction with Tresta.
License
Subject to the conditions of this Agreement, we grant you a revocable, non-exclusive, non-sublicenseable, and non-transferable license to use the Services subject to the terms of and for the duration of this Agreement.
Basically the lawyers are saying:
You can use our Services as long as you comply with this Agreement.
Additional Terms/Changes to the Agreement
Additional Terms. All Services, including any related offers and promotions may be subject to additional terms and conditions. You agree to check our Website regularly as these terms and conditions are updated from time to time. You will remain responsible to us under this Agreement for the actions of any other person you allow to use the Services on your Account.
Agreement Subject to Change. This agreement may change. We may modify or amend this agreement, including the privacy policy, from time to time. Unless otherwise provided in this agreement, all such modifications or amendments shall be effective immediately when posted on the website. Where we make a material change to terms of this agreement, we will endeavor, but have no obligation, to separately notify you about this change. If you do not agree at any time to any terms of this agreement, you must terminate your account/the services within fifteen (15) days. Your continued use of your Account and/or the services after such 15-day period will be conclusively deemed to be acceptance by you of any such modifications or amendments.
Agreement Subject to Change. This agreement may change. We may modify or amend this agreement, including the privacy policy, from time to time. Unless otherwise provided in this agreement, all such modifications or amendments shall be effective immediately when posted on the website. Where we make a material change to terms of this agreement, we will endeavor, but have no obligation, to separately notify you about this change. If you do not agree at any time to any terms of this agreement, you must terminate your account/the services within fifteen (15) days. Your continued use of your Account and/or the services after such 15-day period will be conclusively deemed to be acceptance by you of any such modifications or amendments.
Basically the lawyers are saying:
You understand that these terms may change from time to time and you will still be required to follow them unless you tell us in writing.
CPNI/Privacy Policy/Confidentiality
Confidentiality. Tresta will maintain the confidentiality of all confidential information received from you, consistent with these terms and conditions, and our Privacy Policy.
Privacy Policy. Tresta undertakes to take all necessary steps to ensure the protection and confidentiality of your personal information and may only use it consistent with Tresta’s Privacy Policy, available at: www.tresta.com/privacy-policy. The Privacy Policy is incorporated into this Agreement. A breach of the Privacy Policy constitutes a breach of this Agreement.
Customer Proprietary Network Information (“CPNI”). CPNI, as that term is defined in Section 222 of the Communications Act of 1934, 47 U.S.C. § 222, as amended, includes information available to Tresta by virtue of Tresta’s relationship with its customers as a provider of voice communications service and may include: the quantity, technical configuration, location, type, destination, amount of use of each communications service subscribed to, and information contained on the telephone bills of Tresta’s customers pertaining to telephone service received by a customer of Tresta. Tresta collects CPNI from customers. Tresta safeguards CPNI and complies with Federal Communications Commission (“FCC”) and other rules requiring Tresta to protect customer CPNI. Tresta will not disclose CPNI except in accordance with applicable laws, and our Privacy Policy. Tresta will adopt further safeguards and comply with additional CPNI requirements, including filing its annual CPNI Certification, as required by law.
Call Recording and Monitoring. We record all calls to Tresta Customer Service for quality assurance. Customer expressly agrees to let us contact you via automatic dialing equipment at any phone number on your Account or any phone number provided or used by you to contact Customer Service.
Privacy Policy. Tresta undertakes to take all necessary steps to ensure the protection and confidentiality of your personal information and may only use it consistent with Tresta’s Privacy Policy, available at: www.tresta.com/privacy-policy. The Privacy Policy is incorporated into this Agreement. A breach of the Privacy Policy constitutes a breach of this Agreement.
Customer Proprietary Network Information (“CPNI”). CPNI, as that term is defined in Section 222 of the Communications Act of 1934, 47 U.S.C. § 222, as amended, includes information available to Tresta by virtue of Tresta’s relationship with its customers as a provider of voice communications service and may include: the quantity, technical configuration, location, type, destination, amount of use of each communications service subscribed to, and information contained on the telephone bills of Tresta’s customers pertaining to telephone service received by a customer of Tresta. Tresta collects CPNI from customers. Tresta safeguards CPNI and complies with Federal Communications Commission (“FCC”) and other rules requiring Tresta to protect customer CPNI. Tresta will not disclose CPNI except in accordance with applicable laws, and our Privacy Policy. Tresta will adopt further safeguards and comply with additional CPNI requirements, including filing its annual CPNI Certification, as required by law.
Call Recording and Monitoring. We record all calls to Tresta Customer Service for quality assurance. Customer expressly agrees to let us contact you via automatic dialing equipment at any phone number on your Account or any phone number provided or used by you to contact Customer Service.
Basically the lawyers are saying:
We will keep your information private.
Our Obligations
The Agreement and Website. Tresta will provide the Services in accordance with the Agreement, and as described in the current price plans on our Website, from the date of purchase.
Network Interruptions. We try to make sure that the Services are available to you wherever possible; however both availability and quality of the Services may be affected by things we cannot control such as physical obstructions, atmospheric conditions and outages on the Network where such outages and their remedies are not within our control. We or our Network Operator may from time to time need to carry out upgrade or maintenance work on the Network which may affect the availability and/or quality of the Services. We will endeavor to keep such disruption to a minimum, but this may not always be within our control.
Service Quality. We shall provide the Services with reasonable skill and care, and we shall use reasonable efforts to make the Services available to you. We do not, however, guarantee any service level of quality. If you experience problems with our Services or suspect fraudulent activity on your Account, please contact us immediately.
Changes to Service Offerings. We may from time to time and without notice, change the Services in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Services.
Network Interruptions. We try to make sure that the Services are available to you wherever possible; however both availability and quality of the Services may be affected by things we cannot control such as physical obstructions, atmospheric conditions and outages on the Network where such outages and their remedies are not within our control. We or our Network Operator may from time to time need to carry out upgrade or maintenance work on the Network which may affect the availability and/or quality of the Services. We will endeavor to keep such disruption to a minimum, but this may not always be within our control.
Service Quality. We shall provide the Services with reasonable skill and care, and we shall use reasonable efforts to make the Services available to you. We do not, however, guarantee any service level of quality. If you experience problems with our Services or suspect fraudulent activity on your Account, please contact us immediately.
Changes to Service Offerings. We may from time to time and without notice, change the Services in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Services.
Basically the lawyers are saying:
We will do our best to provide top-notch Services, but some things are beyond our control.
Your Obligations
Compliance with Agreement and Instructions. You must use the Services in accordance with this Agreement, and any other reasonable instructions we give you from time to time.
Confidentiality of Account. You are solely responsible for maintaining the confidentiality of your Account, and you agree to pay for the services charged to your Account, whether or not you have authorized such use. We shall not be held responsible for fraudulent use of your credit/debit/charge card or Account. If you believe that your Account is being used in an unauthorized manner, you must contact us immediately so that the appropriate modifications can be made to your Account.
Cooperation with Applicable Laws. You shall remain in compliance with all applicable laws, rules and regulations during the term of this Agreement. Tresta is not responsible, and specifically disclaims any obligation, to inform you of your legal obligations. You may not use or permit others to use an Account or the Services for any purpose which constitutes a violation of applicable laws in its jurisdiction. You shall indemnify, defend and hold harmless Tresta and its Affiliates, directors, officers, employees, agents, representatives, successors and assigns from any and all claims including third-party claims, damages and expenses whatsoever (including reasonable attorney’s fees) arising in connection with your violation or alleged violation of any applicable laws or regulations with respect to your use of or granting of access to the Services.
Cooperation with Tresta. You will cooperate with us on all issues related to fraud, misuse or damage of the Services. To the extent permitted by applicable law, you will inform Tresta of any instance and work with Tresta to prevent or eliminate fraud, misuse or damage to the Services. You shall cooperate with Tresta to allow any Government agency or authority to intercept messages or access information over Tresta’s network, as may be required under applicable law.
Confidentiality of Account. You are solely responsible for maintaining the confidentiality of your Account, and you agree to pay for the services charged to your Account, whether or not you have authorized such use. We shall not be held responsible for fraudulent use of your credit/debit/charge card or Account. If you believe that your Account is being used in an unauthorized manner, you must contact us immediately so that the appropriate modifications can be made to your Account.
Cooperation with Applicable Laws. You shall remain in compliance with all applicable laws, rules and regulations during the term of this Agreement. Tresta is not responsible, and specifically disclaims any obligation, to inform you of your legal obligations. You may not use or permit others to use an Account or the Services for any purpose which constitutes a violation of applicable laws in its jurisdiction. You shall indemnify, defend and hold harmless Tresta and its Affiliates, directors, officers, employees, agents, representatives, successors and assigns from any and all claims including third-party claims, damages and expenses whatsoever (including reasonable attorney’s fees) arising in connection with your violation or alleged violation of any applicable laws or regulations with respect to your use of or granting of access to the Services.
Cooperation with Tresta. You will cooperate with us on all issues related to fraud, misuse or damage of the Services. To the extent permitted by applicable law, you will inform Tresta of any instance and work with Tresta to prevent or eliminate fraud, misuse or damage to the Services. You shall cooperate with Tresta to allow any Government agency or authority to intercept messages or access information over Tresta’s network, as may be required under applicable law.
Basically the lawyers are saying:
Tresta is not responsible if you use our Services to break the law.
Contact Information
For any information or request to Tresta, kindly contact the Customer Service Department, the contact details of which are as follows:
Customer Support
Phone:+1 (844) 2-TRESTA
Email: support@tresta.com
Address: 2639 North Monroe Street, Suite 200B, Tallahassee, FL 32303
Customer Support
Phone:+1 (844) 2-TRESTA
Email: support@tresta.com
Address: 2639 North Monroe Street, Suite 200B, Tallahassee, FL 32303
Basically the lawyers are saying:
Only these contact methods will count if you are trying to reach us!
Indemnity
You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless Tresta, its affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorneys fees) arising out of or in connection with (i) your use of the Services, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.
Basically the lawyers are saying:
You will defend Tresta, and pay for any expenses that fall on Tresta, if you do something bad and we get blamed.
Limitation of Liability
Except for damages caused by our intentional and willfully wanton misconduct, we will not be liable for damages that exceed the amount of our charges to you for your actual use of the services during the prior one-month period. Under no circumstances will we be liable for any direct, special, consequential, incidental, indirect, exemplary or punitive damages, including, but not limited to, loss of profit or revenues, or increased costs of operation, even if such damages were foreseeable or we have been specifically advised of the possibility of such damages, and no matter how that claim is styled or on what legal grounds it is based (such as contract, tort, statute or otherwise).
Basically the lawyers are saying:
We will never be liable for more than the charges you incur during the month prior to any losses or damages.
No Warranties
We do not make any warranties of any kind, either express or implied, including without limitation any warranties of title, non-infringement of intellectual property, merchantability, technical compatibility or fitness for a particular purpose with regard to any service, products or material provided pursuant to this agreement and on this website. We also make no warranty that the services will be uninterrupted or error free. We do not authorize anyone, including our employees, agents or representatives, to make a warranty of any kind on our behalf and you should not rely on any such warranty. You expressly acknowledge and agree that because the services are provided in part over networks outside of our control, they are subject to outages, disruptions and interception, and that we have no liability for any such outages, disruptions or interceptions. Tresta is not responsible for the content of communications transmitted through the services.
Basically the lawyers are saying:
We think we’re great, but we don’t claim to be a perfect fit for your particular needs or to be perfectly flawless.
Intellectual Property
Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Tresta, including but not limited to, Tresta, Inc.(collectively, “Marks”) are and shall remain the exclusive property of Tresta, and nothing in this Agreement shall grant you the license to use or copy such Marks without our prior written permission.
Ownership of Materials. All Services, Accounts, content (including, but not limited to, software, text, photographs, video, and graphics) on any material displayed on the Site, through the Services, or in other Tresta documents or materials are the property of Tresta. All intellectual property rights in Tresta Accounts, Services, Sites and content (Marks, trade secrets and patents) are the property of Tresta. Tresta retains all copyrights in the individual pages, and their components, and collective works available at the Site. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Tresta’s prior written permission.
Ownership of Materials. All Services, Accounts, content (including, but not limited to, software, text, photographs, video, and graphics) on any material displayed on the Site, through the Services, or in other Tresta documents or materials are the property of Tresta. All intellectual property rights in Tresta Accounts, Services, Sites and content (Marks, trade secrets and patents) are the property of Tresta. Tresta retains all copyrights in the individual pages, and their components, and collective works available at the Site. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Tresta’s prior written permission.
Basically the lawyers are saying:
Don’t steal our property – intellectual or otherwise!
Information
Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, messages, ideas, suggestions, or other communications (collectively, “Information”) you transmit to us in any manner shall be and remain the exclusive property of Tresta. Your submission of any Information shall constitute an assignment to Tresta of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Information. We will be entitled to use, reproduce, disclose, publish and distribute any Information you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Information that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Basically the lawyers are saying:
We own any information you send us or store on our system, so don’t send us something you want to own exclusively.
Assignment
We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
Basically the lawyers are saying:
We can assign the agreement, you can’t. Sorry.
Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
Basically the lawyers are saying:
You can’t get out of this Agreement just because one provision is unenforceable.
Integration – Entire Agreement
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and Tresta with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Tresta. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by Tresta that is not included in this Agreement.
Basically the lawyers are saying:
This is our entire Agreement, even if someone said otherwise.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of Leon County, Florida. In any action to enforce this Agreement, including, without limitation, any action by Tresta for the recovery of fees due hereunder, you shall pay Tresta reasonable attorney’s fees and costs in connection with such action. You acknowledge and agree that this governing law provision applies no matter where you reside, or where you use or pay for the Services.
Basically the lawyers are saying:
Florida is nice. If there’s ever a legal dispute, Florida law governs and you will have to come visit us here.
Notices
All notices from us to you shall be (i) sent to your current email address on file with us and will be deemed immediately delivered even if such email address is no longer valid, or (ii) posted to your Account. All notices from you shall be sent to the address provided above in the “Contact Information” section.
Basically the lawyers are saying:
We will email you or post updates to your Account.
Force Majeure
Tresta shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God or other similar causes beyond Tresta’s control. You shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God or other similar causes beyond your control.
Basically the lawyers are saying:
If something really, really bad happens, we won’t be responsible for any failure to perform in accordance with this Agreement.
No Waivers
Tresta’s failure to exercise any of its rights hereunder upon breach by you or pursuant to any condition, covenant or provision contained in this Agreement shall not be construed as a waiver thereof, nor as a waiver of the same or any other default subsequently occurring.
Basically the lawyers are saying:
Just because we ignore one provision, doesn’t mean you are excused from complying with other provisions.