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.

