Recording
     



SERVICES :
Upon acceptance and approval of my Service Agreement (“Agreement”), Go4Customer agrees to make commercially reasonable efforts to provide the services I have selected, and I agree to use those services, in accordance with these terms and conditions of this Service Agreement. Calls are measured from connect to disconnect time, as recorded by Go4Customer's interexchange carrier. I understand that I must provide the e-mail, pager, fax, or other telecommunications service that will be used to deliver my messages to me, except the voice mail service that Go4Customer will provide upon my request at an additional charge. All telephone numbers provided or arranged by Go4Customer remain the property of Go4Customer upon any termination of my services. The service is propriety to and the property of Go4Customer, and the title thereto remains in Go4Customer. All applicable rights in copyrights, trademarks, and trade secrets in the service are owned by Go4Customer. I will not sell, transfer or otherwise make available the service to any third parties without the prior written approval of Go4Customer. Service is provided for use only by me and my authorized agents. I agree to give Go4Customer at least seven (7) business days prior written notice before any known increases in call volume.

BILLING AND PAYMENT :
Monthly 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 Go4Customer. Payments are due in Go4Customer's offices on or before the due date. Go4Customer 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 one and one-half percent (1.5%) of the unpaid balance will be applied to my account. I agree that a late fee is a reasonable pre-estimate of Go4Customer's damages for late payments. I will be assessed a charge of twenty-five dollars ($25.00) for each check or other payment to Go4Customer which a financial institution refuses to honor for any reason.

TERM AND TERMINATION :
This Agreement shall be in effect for a minimum term of ninety (90) days and will remain in force on a month to month basis thereafter until terminated by either party upon thirty (30) days notice. Go4Customer reserves the right to increase any of its rates or charges at any time upon thirty (30) days notice. If I fail to pay any bill within ten (10) days of its due date, Go4Customer may restrict or terminate my services under this Agreement without written notice. I will pay a reconnection charge of thirty-five dollars ($35.00) for restoration of my service. I must give Go4Customer written notice of cancellation at least thirty (30) days in advance . I will not use the services for any unlawful purpose and only use the services in accordance with the terms and conditions of this Agreement. I understand that Go4Customer may immediately restrict or disconnect my service without notice for any violation thereof.

DISPUTE RESOLUTION :
I will send Go4Customer 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 correct and payable in full. I will provide detailed information regarding any dispute, and I agree to cooperate with Go4Customer in an investigation of disputed matters. If Go4Customer initiates legal proceedings to collect any amount due hereunder and Go4Customer substantially prevails in such proceedings, then I will pay Go4Customer's 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 :
Go4Customer does not warrant that it will have sufficient resources to handle unexpected increases in call volumes. Go4Customer does not warrant that the service is error-free, or will operate without delays or interruptions. Go4Customer is not responsible for transmission errors, corruption of data, or the security of information carried over telecommunication services. Subject to the foregoing limitations, Go4Costomer will use commercially reasonable efforts to provide the services, and if Go4Customer fails to do so, my sole remedy will be, at Go4Customer's sole discretion, either: (1) the correction of the failure to provide the services, or (2) a refund of the monthly recurring charges I paid to Go4Customer for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, Go4Customer MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER. Go4Customer SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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. Go4Customer'S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS I PAID TO Go4Customer FOR SUCH SERVICE DURING THE TWELVE (12) MONTHS PRECEDING SUCH FAILURE TO PROVIDE THE SERVICE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

AUTHORIZATION AND CREDIT CHECK :
All service requests are subject to the approval of Go4Customer. I hereby authorize Go4Customer to investigate my credit and hereby grant Go4Customer permission to disclose to any other interested party(ies) Go4Customer's payment/credit experience with my account(s). Go4Customer reserves the right to request a letter of credit and/or a security deposit to ensure prompt payment. I understand that my responsibility of payment for all charges survives any termination of this Agreement.

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 Oregon without regard to its choice of law principles. In the event of legal action to interpret or enforce this Agreement, I agree that the venue will be in the appropriate state or federal court which has jurisdiction over actions brought in Washington County, Oregon. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability 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 Damages; Authorization and Credit Check; and Miscellaneous sections will survive any termination of service.