Terms & Conditions
Effective Date: March 16, 2026
These Terms & Conditions ("Terms") govern the use of California Telecom's telecommunications services ("Services"). These Terms apply to customers who have entered into a service agreement with California Telecom.
1. Term and Renewal
The Initial Term begins on the first day of availability of Services. Upon expiration of the Initial Term, the agreement shall be automatically renewed on a month-to-month basis until terminated by either party upon thirty (30) days' written notice.
2. Rates and Charges
Recurring charges shall be invoiced monthly. A pro-rated portion for the first month's service will be included on the first invoice, plus the next month's service in advance. Non-recurring charges will be included on the invoice for applicable installation or service changes.
2.1 Taxes, Surcharges, and Fees
Prices are exclusive of, and the Customer will pay, all current or future taxes, surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use, or provision of the Services.
2.2 Construction, Riser, or Inside Wiring
In the event that there are additional construction, riser, or inside wiring costs in order to deliver service, the Customer will be given the opportunity to accept those costs or may cancel the order without penalty.
3. Payment Terms
All amounts owed by the Customer are due twenty-five (25) days from the invoice date ("Due Date").
3.1 Disputed Charges
If the Customer disputes a portion of an invoice, the Customer may withhold payment on the disputed items, provided that the Customer: (1) provides a written statement of the disputed charges to California Telecom in reasonable detail within thirty (30) days of the invoice date (the "Review Date"); (2) pays the undisputed portion of the invoice; and (3) negotiates in good faith with California Telecom for the purpose of resolving such dispute in a timely manner. California Telecom shall not be obligated to consider any Customer notice of billing discrepancies received after the Review Date.
3.2 Late Payment and Termination
If payment has not been received within thirty (30) days from the invoice date, California Telecom will notify the Customer that if payment is not received within five (5) days, California Telecom shall have the right to terminate the agreement for cause and disconnect Services. A late charge equal to the lesser of 1.5% of the outstanding charges or the maximum amount allowed by law will be applied to all outstanding amounts owed beyond the Due Date.
3.3 Insufficient Funds
In the event a payment is received by California Telecom and is returned due to insufficient funds or bank charges, the Customer will reimburse California Telecom for all associated processing charges as well as any applicable late charge. If non-disputed payments are received late or returned due to insufficient funds more than three (3) times during any twelve (12) month period, California Telecom may require the Customer to establish a deposit or pay with guaranteed funds.
4. Service Level Agreement (SLA)
This Service Level Agreement applies to subscribers of California Telecom's Internet circuits, VoIP, Managed Services, Cybersecurity Services, and Professional Services. The "California Telecom Network" means the California Telecom owned and operated Internet Protocol (IP) routing infrastructure consisting of selected California Telecom points of presence (POPs) and the connections between them. The California Telecom Network does not include subscriber premises equipment or any access facilities connecting the subscriber's premises to such infrastructure.
4.1 Availability Guarantee (Internet Circuits)
California Telecom's goal is to make the California Telecom Network available free of Network Outages 100% of the time. A "Network Outage" is an instance in which the subscriber is unable to transmit and receive IP packets due to a California Telecom Network outage for more than 15 consecutive minutes, excluding outages relating to scheduled maintenance and upgrades or interruptions caused by access facilities, telco lines, or hardware not specifically provided or resold by California Telecom. A "Local Loop" failure is not a Network Outage. Upon request, California Telecom will issue a credit equal to one hour of the IP access fee paid by the subscriber. The subscriber will not be entitled to more than one day's worth of credit for Network Outages in a given day.
4.2 Packet Loss Guarantee (Internet Circuits)
California Telecom's goal is to keep Average Packet Loss on the California Telecom Network to 1% or less. If Average Packet Loss exceeds 1% during a calendar month, California Telecom will issue a credit equal to one day's worth of the base IP access fee paid for such month, upon subscriber request.
4.3 Managed Services, Cybersecurity, VoIP, and Professional Services
Specific service level agreements for Managed Services, Cybersecurity Services, VoIP, and Professional Services — including details on response times, resolution times, performance metrics, and any applicable credits — will be outlined in a separate Service Addendum or Statement of Work ("SOW") specific to those services. In the absence of a specific SLA, California Telecom will use commercially reasonable efforts to provide high-quality and reliable services.
4.4 SLA Exceptions
The subscriber shall not receive any credits under this SLA in connection with any failure or deficiency caused by or associated with: (A) circumstances beyond California Telecom's reasonable control, including acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance; (B) failure of access circuits to the California Telecom Network, unless caused solely by California Telecom; (C) general telco failure; (D) scheduled maintenance; (E) DNS issues outside the direct control of California Telecom; (F) outage or error of any California Telecom measurement system; or (G) the subscriber's acts or omissions, including negligence, willful misconduct, or use of Services in breach of these Terms.
4.5 Measurement
California Telecom will periodically (on average every 15 minutes) measure the California Telecom Network for uptime using software and hardware components capable of measuring application traffic and responses. California Telecom reserves the right to periodically change measurement points and methodologies without notice.
4.6 Credit Request and Payment Procedures
Requests for credits must be made via email to the California Telecom Network Operations Center at support@californiatelecom.com. Each request in connection with a Network Outage must be received within seven (7) days of the outage. Each request in connection with Average Packet Loss must be received within seven (7) days after the end of such month. The total amount credited in any calendar month will not exceed the base IP access fee paid for such month.
5. Early Termination
If Service is terminated by either party prior to the expiration of the Initial Term, the Customer agrees to pay California Telecom an early termination charge equal to: (1) 100% of all recurring charges committed to through the remainder of the Initial Term; (2) any non-recurring fees California Telecom incurs from other suppliers in connection with canceling the Customer's service; and (3) any outstanding invoices still owed. Such payment shall be due within thirty (30) days of service termination.
6. Service Upgrade
Upgrading of services to ones of higher capacity is described as a service upgrade where the original service is not considered terminated. The new service must be of equal or longer term to the original service to avoid an early termination charge. New installation charges and execution of a new service agreement apply. Access to California Telecom's network that is considered off-net may result in a third-party early cancellation charge.
7. Service Location Move
The Customer may move its service location, whereby the original service is not considered terminated. The Customer must execute a new agreement for service at the new location for a new Initial Term equal to or longer in duration than the current agreement. Moves may result in different monthly recurring charges. New installation charges apply. Any move request must be provided in writing with sixty (60) days' notice.
8. IP Addresses
IP addresses are not portable and not assigned for independent administration or distribution. The Customer understands that IP assignments are not guaranteed and may be modified as required by California Telecom and/or the American Registry for Internet Numbers ("ARIN").
9. Acceptable Use Policy (AUP)
The Customer agrees not to use, nor permit others to use, the Services for: (1) any unlawful, immoral, invasive, infringing, defamatory, fraudulent, or obscene purpose; (2) sending unsolicited email of any kind; (3) sending any virus, worm, Trojan horse, or harmful code; (4) altering, stealing, corrupting, disabling, or destroying any computer file, database, or network so as to interfere with California Telecom's network; and (5) any manner inconsistent with generally accepted rules of Internet etiquette and conduct. Violation of the foregoing may result in immediate suspension of Services and/or termination of the agreement without further liability to the Customer.
10. Indemnification
The Customer shall indemnify and hold harmless California Telecom and its officers, directors, agents, and employees from and against any and all claims, demands, causes of action, losses, damages, costs, and expenses, including attorney fees, arising out of or relating to: (1) the Customer's breach of any terms of the agreement; and (2) any claim for withholding or other taxes arising from the agreement or its performance.
11. Mutual Representations
Each party represents, warrants, and covenants that it is a corporation duly incorporated, validly existing, and in good standing; it has all necessary corporate power and authority to enter into this agreement; and it shall comply with all laws in connection with the Services, including the procurement and renewal of all required approvals, registrations, permits, certifications, authorizations, and licenses.
12. Limitation of Liability
Neither California Telecom nor its affiliates, subsidiaries, employees, or suppliers shall be liable for any special, indirect, incidental, punitive, or consequential damages (including lost profits, lost revenues, and loss of business opportunity) arising out of or related to the Services, however caused and under whatever theory of liability, even if advised of the possibility of such damages. California Telecom's total liability for all claims shall be limited to direct money damages and shall not exceed the fees paid by the Customer during the twelve (12) month period immediately preceding the event giving rise to liability.
13. Disclaimer of Warranties
The Customer assumes total responsibility for use of the Services and applicable equipment at its own risk. California Telecom makes no warranty to the Customer or any other person or entity, whether express, implied, or statutory, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, as to any Service or equipment provided, all of which warranties are hereby excluded and disclaimed.
14. Customer Proprietary Network Information (CPNI)
Customer Proprietary Network Information ("CPNI") shall be considered the confidential information of the Customer. California Telecom agrees that it will not: (1) use the CPNI for any purpose other than to further the purpose of this agreement; and (2) disclose or reveal the CPNI to any person or entity other than its employees, directors, officers, agents, and consultants who have a need to know and are subject to legally binding obligations of confidentiality.
15. Assignment
The agreement shall not be assigned by either party without the prior written consent of the other party.
16. Successors and Assigns
All terms and provisions of this agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the successors and assigns of the parties.
17. Entire Agreement
This agreement contains all of the terms between the parties with respect to this subject matter and may be amended only by a writing signed by all parties.
18. Severability
The unenforceability of any provision of this agreement shall not affect the enforceability of the remaining provisions.
19. Force Majeure
Neither party shall be liable for any failure of performance due to causes beyond its reasonable control, including acts of God, fire, explosion, vandalism, cable cuts, storms or other similar catastrophes, governmental actions, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor disputes. Payment obligations shall remain absolute and not subject to delay due to any event of force majeure.
20. Regulatory Requirements
If the Federal Communications Commission, a state Public Utilities or Service Commission, or a court of competent jurisdiction issues a rule, regulation, law, or order which has the effect of changing or superseding any material term or provision of this agreement, including rates, surcharges, or taxes, then this agreement shall be deemed modified in a manner consistent with the form, intent, or purpose of the ruling.
21. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The parties agree that the state and federal courts of California shall have sole and exclusive jurisdiction over any claim or controversy regarding this agreement, including claims for breach of contract, breach of warranty, statutory violation, negligence, or other tort.
Contact
For questions about these Terms, contact us:
California Telecom
14538 Central Ave, Chino, CA 91710
Phone: (877) 622-5835
Email: info@californiatelecom.com