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SERVICE AGREEMENT TERMS AND CONDITIONS OF SERVICE |
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Subscriber accepts full responsibility for the lawful use of the Service Company. The Service Company shall not be liable for any acts, errors and omissions of the Subscriber or person(s) whom which Subscriber may be in contact with, or doing business with, while utilizing services of the Service Company. The Service Company is not responsible for omissions arising from electrical interference, connecting line carrier, or interruption and/or delays in transmissions. Service does not imply or warrant 100% reliability. To ensure that you receive accurate and courteous service, on occasion other employees may monitor your call and you agree to any such monitoring or recording. The Service Company will not accept collect calls on behalf of the client. This Agreement must be signed and returned for service to commence. Termination Notice 1. Subscriber will provide 30 days written notice prior to the desired termination date. Any required deposit shall be returned to the Subscriber upon proper termination of service, provided that no outstanding balances are due. Subscriber is liable for any unpaid balance of the Agreement in the event service is canceled by the Subscriber or disconnected by the Service Company. Retention of Messages 2. Messages taken on the Subscriber's behalf are retained for a period of 48 hours after delivery. Delivered messages older than 48 hours are archived for thirty-six months, after which they are destroyed. Archiving is a courtesy, not a guarantee. Subscribers wishing to access archived data may be invoiced for this service. 3. All accounts are $49.95 with a 100 call allowance and .39 cents per call thereafter. Additional services are featured separately. There is no charge for on-hold or call transfer times. Subscriber agrees to pay the required first month minimum and one-time programming and activation fee of $49.95. Subscriber understands that the Service Company utilizes a 28-day billing cycle (4-week) resulting in thirteen billing periods per annum. There is a $6.95 reoccurring Telephone Carrier (TELCO) Direct-In-Dial (DID) fee. Client agrees to receive payment notices by e-mail or accept a .99 statement fee. Additional services requested or directed by the client will be charged at the prevailing rate. Subscriber understands that the rates quoted here are for a single page of programming space. Additional space, if necessary, is billed at $9.95 per page. 4. It is understood that failure of the Subscriber to pay all amounts due within twenty (20) days from invoice date, the Subscriber may be subject to a late fee and/or refusal of service. Such interruption does not relieve the Subscriber of the responsibility for all accrued charges, contracted charges, or possible reconnection fees. The Subscriber shall be liable for all collection fees, attorneys' fees and other cost incurred in the collection of payment due. Subscriber is responsible for long distant charges incurred by the Service Company on the Subscribers behalf. Service Company cannot predict that office or mobile numbers provided by the Subscriber will not result in long distant charges. Service Company provides a 30 second grace period before applying long distant charges. 5. In the event Subscriber pays the Service Company by check or credit card, and such check or credit card is dishonored for any reason whatsoever, Subscriber shall pay the Service Company $30.00 or five percent of the face value of the dishonored check or credit card, whichever is greater. Service may be suspended until the account is cleared. 6. Unless submitted in writing thirty days prior to the maturity date, this Agreement will self renew on the first of each month for a like period of time. Subscribers wishing to modify the duration Agreement may do so thirty days prior to the maturity date at the prevailing duration rate. Limitation of Liability 7. It is the policy of the Service Company to endeavor to manage its service in such a way that the Subscriber receives prompt, accurate and courteous service. However, EACH PARTY'S LIABILITY TO THE OTHER FOR ANY LOSS, COST, CLAIM, INJURY OR LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES RELATING TO OR ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION IN ITS PERFORMANCE OF THIS AGREEMENT WHETHER IN CONTRACT OR IN TORT, SHALL BE LIMITED TO A CREDIT FOR THE ACTUAL COST OF THE SERVICE OR FUNCTIONS NOT PERFORMED OR IMPROPERLY PERFORMED. Acceptance of Terms and Conditions 8. Use of the Service Company will constitute your acceptance of and agreement to these Terms and Conditions of service. This agreement contains all the Terms and Conditions agreed upon by the parties and no other representations or warranty, expressed or implied, has been made or shall be binding upon the parties hereto. |
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