PBT COMMUNICATIONS, INC. d/b/a COMPORIUM
STATEMENT OF TERMS & CONDITIONS APPLICABLE TO TELECOMMUNICATIONS SERVICE
BY EXECUTING THIS DOCUMENT AND/OR PLACING OR RECEIVING A CALL THROUGH YOUR NUMBER(S) (PHONE NUMBER(S) ASSIGNED YOU TO ACCESS THE SERVICES UNDER THIS AGREEMENT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CONTACT A COMPORIUM CUSTOMER REPRESENTATIVE AT 1-888-403-2667 PRIOR TO USING THE SERVICE.
1. Service. PBT Communications, Inc. d/b/a Comporium or an affiliate (collectively “Comporium”) agrees to provide telecommunications services (“Service”) to you under the terms contained herein.
2. Limitations of Service. Comporium will provide service to you as specified by the service plan selected by you subject to limitation or interruption due to numerous factors such as governmental regulation, terrain, weather, repairs, and capacity limitations. Comporium is not liable to you if changes in Service require modification or alteration of your equipment, renders your equipment obsolete, or otherwise affects your equipment’s performance.
LIMITATION OF LIABILITY: COMPORIUM’S SOLE LIABILITY TO YOU RELATED TO OR ARISING FROM USE OF, OR INTERRUPTIONS IN SERVICE WILL BE TO MAKE A CREDIT ALLOWANCE AT YOUR REQUEST, IN THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED TO YOU FOR INTERRUPTIONS OF OVER 24 CONSECUTIVE HOURS, COMPUTED BY DIVIDING THE DAYS INTERRUPTED BY 30 AND MULTIPLYING THAT RESULT BY THE FIXED MONTHLY ACCESS CHARGE FOR EACH INTERRUPTED NUMBER. IN NO CASE SHALL THE CREDIT EXCEED THE MONTHLY ACCESS CHARGE. NO CREDIT WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY YOUR NEGLIGENCE OR WILLFUL ACTS, OR BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY COMPORIUM OR FOR INTERRUPTIONS OF LESS THAN 24 CONSECUTIVE HOURS. YOUR REQUEST MUST BE MADE WITHIN 30 DAYS OF THE DATE OF INTERRUPTION.
3. Rates and Charges. (a) You will pay all charges, which relate to the Service, as well as incidental charges. Incidental charges include interconnection fees, network surcharges, all taxes, government fees, federal and/or state universal service fund charges, gross receipt taxes on Comporium. toll charges resulting from calls made from your Number, and where applicable, landline termination charges. (b) Comporium may modify any of its charges at any time by giving you written notice at least thirty (30) days in advance. If you are obligated to maintain Service with Comporium for more than one month, and your basic charges (not incidental charges) are being increased, you may either (i) switch to any other service plan for which you are eligible, or (ii) terminate this Agreement without being required to pay the early termination fee by notifying us within thirty (30) days after the effective date of the change.
4. Billing and Payment. All charges will be billed on a monthly basis. Payment is due on the due date and is indicated on your bill. Comporium may change its billing cycle and due date at any time. You agree to pay Comporium interest at the maximum rate allowed by law and/or a late payment fee as allowed by law on any charges not paid when due. If a check is returned by the bank due to insufficient funds, you will be charged a returned check fee at the highest rate allowed by law. Comporium maintains the right to terminate service for non-payment. If service is terminated for non-payment before the end of the term, you are responsible for any applicable Early Termination Fee associated with the Service.
5. Term: Early Termination Fee. The term of this agreement, as to any Service, begins on the date Service is activated. If the term of your agreement with Comporium is for more than one month, you agree to maintain Service at the specified basic rate for the full term. In the event of early termination by you for any reason, you shall be liable to Comporium for any applicable Termination Fee associated with your agreement in addition to any other damages Comporium may be entitled lo by law.
6. Unauthorized Usage. If your service is used without your permission, you must notify Comporium immediately upon discovery and provide any information requested by Comporium. You are liable for any charges prior to notice to Comporium of unauthorized use.
7. Privacy. Comporium is not liable to you for any lack of privacy you experience while using the Service. You hereby consent to the monitoring and/or recording of calls from your Number lo Comporium and the use of automatic equipment to phone you regarding your account. You hereby consent to Comporium’ s disclosure of information about your account to any person able to provide your name, address, your social security number and the Number, and the making of changes to the account by any such person. Comporium may also disclose information about your account to any carrier providing a service in relationship to the Number. You acknowledge that you have received notice of your rights under Section 222 of the Communications Act.
8. LIMITATION OF LIABILITY. IN NO EVENT, SHALL COMPORIUM OR ANY ENTITY PROVIDING DIRECTORY LISTING SERVICES IN CONNECTION WITH THE SERVICE PROVIDED HEREUNDER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS REGARDLESS OF THE CAUSE. NEITHER THEY, NOR WE, SHALL BE LIABLE FOR ACTS OR OMISSIONS OF OTHER CARRIERS, EQUIPMENT FAILURES OR MODIACATIONS, ACTS OF GOD, STRIKES, GOVERNMENT ACTIONS, OR OTHER CAUSES BEYOND THEIR REASONABLE CONTROL LIABILITY FOR ANY FAILURE WITH RESPECT TO SERVICE, LONG DISTANCE, DIRECTORY LISTINGS, OR ANY OTHER ANCILLARY FEATURE OR SERVICE SHALL IN NO EVENT EXCEED THE CHARGE FOR THAT ITEM DURING THE AFFECTED PERIOD. THERE SHALL BE NO LIABILITY FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM THE USE OFSERVICE OR YOUR EQUIPMENT TO THE EXTENT PERMITTED BY LAW. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPORIUM, OTHER ENTITIES DESCRIBED ABOVE, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS AGAINST ANY CLAIMS AND EXPENSES (INCLUDING COSTS OF ATTORNEY FEES AND PUNITIVE DAMAGES) RELATING TO YOUR USE OF SERVICE, OR ANY ANCILLARY SERVICE OR FEATURE. OR YOUR EQUIPME NT.
9. Credit and Deposits. You authorize any references and reporting agencies to furnish Comporium with employment and credit information. Comporium may require you to make a suitable deposit as security for the payment of all amounts you may owe Comporium from time to time. You hereby authorize Comporium to charge to your credit card account any or all sums past due on your account from time to time, as Comporium may elect. Except as otherwise required by law, deposits received by Comporium may be co-mingled with other funds, and you may be paid no interest thereon. Comporium may require that such deposit be increased at any time. Upon termination of Service, or upon periodic review, Comporium may apply your deposit against your bill for any or all charges, including any early termination fee.
10. Equipment. You are responsible for ensuring that the equipment you use is at all times technically and operationally compatible with Comporium’s Service system, that it does not interfere with other Services and that it conforms with all applicable FCC rules and regulations. You must maintain your equipment unless and only to the extent that any service plan you purchase under this agreement provides for maintenance by Comporium. Comporium is not the manufacturer of any equipment, and no statement regarding equipment should be interpreted as a warranty.
11. WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPORIUM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO SERVICE, INCLUDING DIRECTORY SERVICES, OR RELATED EQUIPMENT. TO THE EXTENT PERMITTED BY THE MANUFACTURER, COMPORIUM HEREBY ASSIGNS TO YOU ANY MANUFACTURER’S WARRANTIES FOR YOUR EQUIPMENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR CLAIMS RELATED TO YOUR EQUIPMENT SHALL BE AGAINST THE MANUFACTURER.
12. Termination. Comporium may, at its discretion, restrict, or terminate Service if (a) you breach any term of this agreement, (b) you use Service in a manner that violates the law, or causes Comporium to violate any agreements with other carriers or service providers, or that adversely affects or interferes with service to other customers, or with Comporium’s customer service numbers, (c) you resell Service, or (d) if Service ceases to be available in the area.
13. Additional Orders. If you order additional Service by telephone or other means, acceptance of the new Service is subject to the terms and conditions then in effect without further documentation.
14. Insurance. If you have selected insurance protection, on your behalf, Comporium will remit the monthly charge for the insurance which appears on your Comporium bill to the insurance carrier. You acknowledge and understand that insurance protection is offered by the insurance carrier and not by Comporium, and that any request for information or claims regarding the insurance shall be directed to the carrier.
15. Arbitration. (a) Any controversy, dispute, or claim arising out of or relating to this contract or the Service provided by Comporium, including but not limited to a claim based on or arising from an alleged tort, shall be settled by arbitration administered by the American Arbitration Association. (b) The arbitrator may not vary the terms of the parties’ agreement. (c) All statutes of limitations which would otherwise be applicable in a judicial action brought by a party shall apply to any arbitration and shall be given effect by the arbitrators. (d) Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (e) The arbitrator shall have no authority to award punitive damage s or any other damages not measured by the prevailing party’s actual damages, nor shall any party seek punitive damages relating to any matter arising out of this contract in any other forum. (f) All claims shall be arbitrated individually, and there shall be no consolidation or class treatment of any claim.
16. Miscellaneous. This agreement shall be governed by and subject to all applicable federal laws (including FCC regulations), and the laws of the state in which the service is provided. If any part of this agreement is found invalid or subject to modification required by the regulatory authority of the state, a court of competent jurisdiction, the FCC, or any governmental agency, the balance of the provisions shall remain enforceable. However, if Comporium’s rights are materially impaired, Comporium may terminate this agreement. This agreement shall bind, and inure to the benefit of each party’s representatives, heirs, successors and permitted assigns. You may not assign this agreement without Comporium’s consent. Comporium may assign its rights and duties under this agreement, without notice to you, and Comporium is then released from all further liability. Comporium may change policies, procedures and otherwise amend this agreement by giving you written notice thirty (30) days in advance and otherwise provided herein. Your use of service after notice shall mean you agree to the amendment. Failure of Comporium or you to enforce any right shall not constitute a waiver of that right or of any other right and shall not prohibit the exercise of the same right at a future date. This agreement, along with any service plan terms and conditions, constitutes the entire agreement between the parties as to Service, and may not be amended except as provided above. Customer will reimburse Comporium for attorney’s fees, collection fees, and similar expenses incurred by Comporium in the enforcement of any right or privilege hereunder.
THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT SUPERSEDE ANY OTHER AGREEMENT BETWEEN YOU AND COMPORIUM, INCLUDING PRIOR OR CONTEMPORANEOUS REPRESENTATIONS OF SALES OR OTHER PERSONNEL OR AGENT OF COMPORIUM, ORAL OR WRITTEN, AND CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES.