SERVICES:
Services, upon acceptance and approval of my Service Agreement ("Agreement"), Answer AnyTime Telecom Inc. agrees to make commercially reasonable efforts to provide the services I have selected, and I agree to use per month those services, in accordance with these terms and conditions of this Service Agreement. Calls/Minutes/calls there after of use per month are measured from connect to disconnect time, as recorded by Answer anytime's inter-exchange carrier. I understand that I must provide the email, pager, fax, or other telecommunications service that will be used per month to deliver my messages to me, except the voice mail service that Answer AnyTime Telecom Inc. will provide upon my request at an additional charge. All telephone numbers provided or arranged by Answer AnyTime Telecom Inc. remain the property of Answer AnyTime Telecom Inc. upon termination of my services. The service propriety to and property of Answer AnyTime Telecom Inc., and the title thereto, remains in Answer AnyTime Telecom Inc.. All applicable rights in copyrights, trademark, and trade secrets in the service are owned by Answer AnyTime Telecom Inc.. I will not sell, transfer or otherwise make Available the service to any third parties without the prior written approval of Answer AnyTime Telecom Inc. Service is provided for use per month only by me and my authorized agents. I agree to give Answer AnyTime Telecom Inc. at least seven (7) business days prior written notice before any known increases in call volume.
BILLING AND PAYMENT:
Recurring charges are billed in advance, and usage charges in excess of the monthly allowance are billed in arrears. I am responsible for payment of all charges for any services performed on my behalf by Answer AnyTime Telecom Inc.. Payments are due in Answer AnyTime Telecom Inc. offices on or before the due date. Answer AnyTime Telecom Inc. reserves the right to require payment outside the regular monthly billing cycle. If my bill is not paid before the due date, a late fee in the amount of three and one-half percent (3.5%) of the unpaid balance or Ten dollars ($10.00) whichever is greater will be applied to my account. I agree that a late fee is a reasonable pre-estimate of Answer AnyTime Telecom Inc. costs of collection for my failure to pay on-time.
TERM AND TERMINATION:
This Agreement is on a month to month basis until terminated by either party upon thirty (30) days written notice. Answer AnyTime Telecom Inc. reserves the right to increase any of its rates or charges at any time upon thirty (30) day's notice. Answer AnyTime Telecom Inc. reserves the right to cancel account or raise rates due to abuse of service. If I fail to pay any bill within ten (10) days of its due date, Answer AnyTime Telecom Inc. may restrict or terminate my services under this Agreement without written notice. I will pay a re-connection charge of thirty-five dollars ($35.00) for restoration of my service. Promotional plans are available to a customer until they 1. Switch from the promotional plan to another plan. 2. Account becomes past due or suspended. I must give Answer AnyTime Telecom Inc. written notice of cancellation at least thirty (30) days in advance. All Cancellations must be sent in writing via Certified Mail Return Receipt Requested. Please send to Answer AnyTime Telecom Inc. P.O. BOX 125 Babylon NY 11702. I agree I will not use the services for any unlawful purpose and I agree that Answer AnyTime Telecom Inc. may immediately restrict or disconnect my service without notice for any violation thereof. Conditional (30) day money back guarantee. If for any reason within the first (30) days you are not completely satisfied with our service you may cancel your account and receive a refund minus all charges incurred prior to cancellation including a $50.00 account set up fee which is initially waived upon sign up in consideration for (60) days or more of continuous service with Answer AnyTime Telecom Inc..
DISPUTE RESOLUTION:
I will send Answer AnyTime Telecom Inc. a written notice of any dispute on my bill within thirty (30) Days after the statement date or such statement shall be deemed to be to be correct and payable in full. I will Provide detailed information regarding any dispute, and I agree to cooperate with Answer AnyTime Telecom Inc. in an investigation of disputed matters. If Answer AnyTime Telecom Inc. initiates legal proceedings to collect any amount due and I agree that if Answer AnyTime Telecom Inc. substantially prevails in such proceedings, then I will pay Answer AnyTime Telecom Inc. costs and reasonable attorneys' fees in such proceedings and any appeals. I waive any and all rights I may have to a jury trial in connection with any proceedings concerning this Agreement.
LIMITED WARRANTIES, REMEDIES, AND DAMAGES:
Answer AnyTime Telecom Inc. does not warrant that it will have sufficient resources to handle unexpected increases in call volumes. Answer AnyTime Telecom Inc. does not warrant that the service is error-free, or will operate without delays or interruptions. Answer AnyTime Telecom Inc. is not responsible for transmissions errors, corruptions of data, or the security of information carried over telecommunications services. Subject to the foregoing limitations, Answer AnyTime Telecom Inc. will commercially reasonable efforts to provide the services, and if Answer AnyTime Telecom Inc. fails to do so, my sole remedy will be, at Answer anytime's soles discretion, either: (1) the correction of the failure to provide the services, or (2) a refund of the monthly recurring charges I paid to Answer AnyTime Telecom Inc. for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, Answer AnyTime Telecom Inc. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER Answer AnyTime Telecom Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY HEREUNDER WILL BE LIMITED TO DIRECT DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. Answer AnyTime Telecom Inc. ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO Two hundred and fifty dollars ($250.00) FOR SUCH claim.
MISCELLANEOUS:
This Agreement and all claims relating to the relationship between the parties will be governed by, enforced, and Interpreted Under the laws of the State of New York without regard to its choice of law principles. In the event of legal action to interrupt or enforce the Agreement, I agree that the venue will be in the appropriate state or federal court which has jurisdiction over actions brought in Suffolk County. The provisions of this Agreement will be deemed severe, and the invalidity or enforceable of any provision will not affect the validity or enforceable of any other provision. The terms and conditions of this Agreement may be amended or waived only by a written instrument signed by the parties. The terms of the Dispute Resolution; Limited Warranties, Remedies, and Damage; Authorization and Credit Check; and Miscellaneous sections will survive any termination of service.