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 Terms
and Conditions 2006
- CUSTOMER hereby orders and PowerNet Global Communications
("PNG") agrees to provide communications services
("Services") pursuant to this Residential Service
Agreement ("Agreement"). The rates, terms and
conditions set forth on both sides of this form shall be
deemed to constitute this Agreement along with the
provisions of any Applicable Tariffs. The provisions of any
Applicable Tariffs are incorporated herein by this
reference. Service will be provided in accordance with the
rates, terms and conditions described in this Agreement and
the rates terms and conditions in Applicable Tariffs
pertaining to the Services provided under this Agreement.
Applicable Tariffs are the PNG tariffs filed with the
utilities regulatory commission or board of Customer's
state.
- The term of this Agreement is as specified or is one month
if no term is specified.
- In the event of any inconsistency between the terms of any
Applicable Tariff and this Agreement, the terms of the
Tariff shall prevail. PNG shall use its best efforts to
maintain all Applicable Tariffs consistent with the terms of
this Agreement.
- EXCEPT FOR ANY WARRANTIES EXPRESSLY MADE IN THIS AGREEMENT
OR THE APPLICABLE TARIFFS, PNG EXCLUDES ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. PNG'S LIABILITY TO CUSTOMER IS SUBJECT
TO THE LIMITATIONS STATED IN THIS AGREEMENT AND APPLICABLE
TARIFFS. The liability of PNG Telecommunications for damages
arising out of the furnishing of its services including, but
not limited to mistakes, omissions, interruptions, delays,
or errors, other defects, representations by the company or
failure to furnish service whether caused by acts or
omissions of the company or any third party shall be limited
to the prorated charge for services for the applicable
period. PNG Telecommunications will not be liable for any
direct, indirect, incidental, special, consequential,
exemplary or punitive damages.
- This Agreement (whether in contract, indemnity, warranty,
strict liability, tort or otherwise, except choice of law)
shall be governed by the State of Ohio and applicable
federal statutes or, as relevant to discontinuance of
service only, the law of CUSTOMER's state.
- The Customer is required to pay all charges for service in
accordance with the Company's billing and collection
practices. The Customer will be held responsible for all
charges for telephone service rendered in connection with
local or toll messages place from his or her station(s) and
in connection with toll messages received at his or her
station on which the charges have been reversed with the
consent of the person called. The billing period shall be
one month. CUSTOMER must remit payment for all billed
charges by the due date shown on the bill. PNG may apply a
one-time late payment charge of 1.5% of any unpaid amount.
- In the event that CUSTOMER fails to pay all billed charges
by the due date shown on any bill, PNG may discontinue
provision of the Services to CUSTOMER after appropriate
notice as required by the law of the CUSTOMER's state.
CUSTOMER shall remain liable for payment of all charges
incurred for the use of the Services.
- PNG may assess a Returned Check Fee as allowed by the law
of CUSTOMER's state for any dishonored check presented to
PNG by CUSTOMER as payment for the Services.
- PNG may refuse to provide the Services to any CUSTOMER who
fails to establish acceptable credit.
- THIS AGREEMENT AND THE APPLICABLE TARIFFS CONSTITUTE THE
ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE
SERVICES TO BE PROVIDED HEREUNDER. THIS AGREEMENT SUPERSEDES
ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS,
STATEMENTS, OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL,
CONCERNING SUCH SERVICES OR THE RIGHTS AND OBLIGATIONS
RELATING THERETO. No change, modification or waiver of any
of the terms of this Agreement, except for revisions to the
Applicable Tariffs shall be binding unless reduced to
writing and signed by authorized representatives of both
parties hereto.
- CUSTOMER represents and warrants that the person executing
this Agreement on CUSTOMER's behalf is fully authorized to
do so.
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