SERVICES The telecommunications services offered by ADVANTAGE under this Agreement are offered pursuant to ADVANTAGE’s tariff, which is on file with the California Public Utilities Commission (“CPUC”) for intrastate services and the Terms of Service (TOS) listed on ADVANTAGE’S website located at www.cellpage. com. The services provided hereunder are offered under, and pursuant to, the pricing, terms, conditions and limitations as set forth in such tariff. Customer agrees to abide by and be bound by the terms and conditions and all non-recurring and monthly recurring charges of said tariff and said tariff is fully incorporated herein. The tariff is available for review at ADVANTAGE’s offices. For services that are not tariffed, the terms and conditions of this Agreement shall govern, except that, for services provided hereunder that are also offered under one or more tariffs, in the event of a conflict between this Agreement and such tariff, the tariff shall control.
(b) This Agreement shall at all times be subject to such changes and modifications by the CPUC and the FCC, as said Commissions may, from time to time, direct in the exercise of their appropriate jurisdiction.
Dedicated rates are based on 80% RBOC termination. 800 dedicated rates are based on 80% RBOC origination. Switched inbound rates are based on 80% RBOC termination. Switched outbound rates are based on RBOC origination. If less than 80% is RBOC traffic ADVANTAGE reserves the right to charge a surcharge.
- GENERAL: (A) No waiver, alteration or discharge of any of the provisions hereof shall be binding unless in writing, and duly signed by the party against whom enforcement is sought. (B) Any notice permitted or required, shall be in writing and sent postage paid, first class United States mail, to the party for which intended, at the address last provided to each (C) This is the entire Agreement between the parties and no oral or written representation not herein contained shall be binding upon Company unless confirmed by a written instrument signed by a duly authorized officer of Company.
DISCLAIMER OF WARRANTIES
- Except as otherwise stated herein, Company makes no warranty, express or implied, with respect to the provision by it of service hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose with respect to such Further, in no event shall Company be liable, and company expressly disclaims any liability for, actual, special, incidental, punitive or consequential damages or losses, foreseeable or unforeseeable, including, without limitation, lost sales or lost profits, which customer (or any of customer’s customers) may suffer as a result of Company provision of or failure to provide services, or the use or non-use of such services by the customer. Company expressly disclaims any representation or warranty regarding any percentage of savings regarding the use of any services provided by Company.
- PRICE: In addition to monthly fixed charges, Customer will be charged for each call made at a price based on call duration and applicable Rates may be changed at any time, through the tariff process, subject to such notice as may be required by law. All appropriate sales, excise and other taxes and surcharges required by law, state and federal regulation will also apply.
- PAYMENT: Payment is due upon receipt of your invoice. Your account is delinquent 20 days after the date of your invoice. There is no finance charge for services performed during a billing period if the balance is paid within 20 days of the date shown on the bill for that If not paid within the 20 day period, a finance charge equal to the current legal rate of interest will be applied to all delinquent balances owed to Company. The amount of the “FINANCE CHARGE” for each statement period is computed by applying the “Periodic Rate: to the Previous Balance”. The “Periodic Rate” is 1.5% per month, unless otherwise indicated by applicable law. The “ANNUAL PERCENTAGE RATE” is 18 percent with a minimum $19.00 late fee. Company may change these terms, but only by mailing or delivering written notice of such change to you as required by applicable law. Continuation thereafter of service by Company shall be subject to the approval of Company credit department and may require payments in advance, deposits or other guarantees to satisfy Company that invoices will be paid when due. Either party to this Agreement may cancel upon written notice to the other party except that Company may suspend service to the customer at any time for non-payment. Company will charge a $20.00 fee for any returned check. Customer is liable for all fixed charges (if any) that continue to bill regardless of actual long distance usage amount, until Customer specifically notifies Company of service cancellation. In the event service is suspended or disconnected, a reconnection fee for the continuation of service equal to the original connection fee (or $50.00, whichever is greater) may be charged.
- ADDITIONAL TELEPHONE CHARGES: Customer acknowledges and agrees that Company is providing certain The Customer may incur additional charges with its local telephone exchange company which may or may not be related to the services by Company. Unless otherwise agreed to in writing. Customer assumes full responsibility for such charges.
- TERMINATION CHARGES: (a) In the case of a term commitment, if Service is terminated prior to the end of the term of this Agreement, the termination charge shall be equal to the average monthly billing for service (or the committed usage, whichever is greater) times the number of months remaining in the term of the Agreement. (b) If Customer or ADVANTAGE terminates this Agreement and a termination charge is due pursuant to the Agreement, ADVANTAGE shall compute the termination charges, as set forth above, and render a bill to
- MODIFICATION: This Agreement may be modified, amended or changed by the Company as provided herein and by Customer only upon written notification to the Company and Company’s written agreement to bound by any such proposed modification, amendment or
- CUSTOMER D. NUMBERS: All calls billed to Customer’s I.D. Number become the sole responsibility of Customer. Use of Authorization Code constitutes acceptance of terms and conditions.
- INTERPRETATION: It is expressly understood that this Agreement contains all terms, covenants, conditions and agreements between the parties hereto relating to the subject matter of the Agreement and that no prior agreements, understanding or representations, either oral or written pertaining to the same shall be valid or of any force or The Language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against any of the parties hereto.
- ATTORNEY’S FEE: Should any party or parties hereto institute any action or proceeding to enforce or interpret any term or provision hereof, or for damages by reason of any default hereunder or for any other judicial remedies, the prevailing party or parties shall be entitled to reimbursement from the nonprevailing party or parties of the prevailing part’s or parties’ reasonable attorney’s fees and cost, including on any appeal, as determined by a court of competent
- ASSIGNMENT: This Agreement shall be binding upon and inure to the benefit of the personal and legal representatives, successors, and assigns of the parties and also upon the heirs, executors and administrators of any individuals executing this This Agreement may not be assigned by the Customer without the prior consent of the Company, which will not be unreasonably withheld.
- CREDITS: Upon Customer request, a credit equivalent to the actual charge for the call up to 1 minute in length will be applied for a wrong number, except for customers with 800 service (see “800 Service Disclaimer”), or for a call associated with a Company network However, the calling party must request the credit immediately be calling your Customer Service Representative.
- 800 SERVICE DISCLAIMER: Because an 800 number is generally available to the public, Company is not responsible for misdialed numbers or incorrect advertising of our customer’s 800 number by other person’s or companies, and credit will not be given for these Pay phone surcharges apply. EXCESS USAGES
- In the interest of account security and customer protection, Company reserves the right, without obligation, to temporarily suspend service when customer’s current month account usage exceeds 150% of average monthly Upon detection of such usage, Company will suspend the account, notify the customer and proceed thereafter on customer direction. Customer remains responsible for charges billed to customer’s account that reflects usage on the account provided, however, that upon proper notification by customer to Company, Company will, in a timely manner suspend usage of the account.
The Term of this agreement shall begin on the date the service is installed. Following the expiration of the initial term, the Agreement shall continue for an additional like term upon the same terms and conditions specified herein or in the applicable tariff unless customer provides ninety (90) days prior written notice of intent not to renew this agreement. At the end of any additional term, the agreement will default to month to month with a 30 day cancellation notice. By signing this form, I agree to pay all charges incurred on my ADVANTAGE account, including any applicable Federal, State or Local use, excise tax, sales tax and privilege taxes, duties or similar liabilities by the stated due date and to adhere to all of the terms and conditions set forth in this agreement and all applicable tariff(s). APPLICABLE LAW
- This Agreement shall be governed under the laws of the state of California; Customer agrees to judicial venue in Ventura County. This agreement and all rates, services and products provided hereunder is made subject to all present and future valid orders and regulations of and tariffs filed with any regulatory body having jurisdiction over the subject matter hereof, and to the laws of the United States, and of its states, or any foreign governmental agency having jurisdiction. In the event this Agreement, or any of its provisions, shall be contrary to or in this Agreement shall be deemed modified to the extent necessary to comply with any such order, rule, regulation or law materially affects the rights of either party hereunder, then this Agreement may be terminated upon written notice by one party to the other
A+ Wireless Inc. DBA Advantage Telecom
Call: 800-993-2337 • 805-642-2880 • Fax: 805-642-5917 P.O.
Box 5454, Ventura, CA 93005 • www.advantagetelnet.com