Terms & Conditions
TELEPAGE COMMUNICATIONS, INC. agrees to provide the best service possible, but will not be liable to suit for errors or misunderstandings of any nature or failure to deliver messages as directed.
Subscriber is responsible to provide TELEPAGE COMMUNICATIONS, INC. with accurate up-to-date information of location, billing address, and to notify TELEPAGE COMMUNICATIONS, INC. with in two (2) business days of any change of the information provided in this agreement.
Subscriber hereby acknowledges that the equipment provided by Carrier is free from any obvious defects and has been received in good working order. All equipment supplied to Subscriber on a rental basis remains the Property of the carrier.
SERVICE AGREEMENT TERMS
1. SERVICE PERIOD. The initial minimum service period is ninety (90) days. Subscriber may cancel Service Agreement at any time after the initial ninety (90) day period by giving a thirty (30) day advance written notice of cancellation to the other. Failure to provide such notice shall result in the continuation of all charges until termination of such thirty (30) day period.
2. NOTICES. All notices hereunder shall be in writing and shall be deemed delivered when personally served or when deposited in the United States mail, 1st class postage prepaid, addressed to the party for whom it is intended at such party’s address on the bill or to such other address as either party may designate by notice to the other given in accordance with this Section.
3. TERMS OF PAYMENT. All airtime and other charges under this Service Agreement will be billed in advance and are due upon billing. Subscriber agrees to pay $25.00 service charge for any returned checks.
Payments received after the 10th of the month are considered past due. Late charges will be assessed to Subscriber’s account if payment is not received on the 15th of the month. Finance charge is 10% of Subscriber’s invoice.
4. DISCLAIMER OF WARRANTY. TELEPAGE COMMUNICATIONS, INC. makes no warranties, expressed or implied, regarding the equipment or paging services, including any implied warranty of merchantability or fitness for a particular purpose. All of which are expressly disclaimed.
5. DEFAULT. If Subscriber fails to pay any amount hereunder when due and such failure continues unresolved for a period of fifteen (15) days after notice thereof is given by TELEPAGE COMMUNICATIONS, INC. to subscriber, then TELEPAGE COMMUNICATIONS, INC. shall have the right to exercise any one or more of the following remedies.
(a) terminate this Agreement
(b) declare the entire amount remaining unpaid hereunder for the balance of the term hereof at once due and payable, without notice or demand.
(c) charge entire amount to the credit card on file, including without limitation amounts for damage or non-return of rental equipment.
(d) sue for and recover all payments then accrued or thereafter accruing with respect to the equipment and/or paging services: and
(e) pursue any other remedy available at law or in equity, including the suspension of paging services to Subscriber.
(f) RECONNECTION FEES. If interruption of service occurs, a reconnection fee of $20.00 per pager number will be assessed to Subscriber’s account. All monies for services including late and reconnect charges will be due to reactivate service. If two (2) service interruptions occur within a calendar year, Subscriber will be required to pay in advance. In addition, a security deposit may be required to reestablish service.
6. LOANER/DEMOS. Subscriber is solely responsible for the safe care and return of all loaner or demo equipment, by the due date set forth by the customer service representative. If equipment is not returned by the due date, the customer will be charged for the full purchase price of the equipment.
7. LIABILITY LIMITATION. TELEPAGE COMMUNICATIONS, INC. shall not be liable for any interruptions in providing paging service hereunder caused by equipment or electrical failure, computer malfunction, strikes, riots, war, governmental acts, fire, acts of God or any other event beyond the control of TELEPAGE COMMUNICATIONS, INC. and TELEPAGE COMMUNICATIONS, INC. will not be required to furnish service to Subscriber while any such event exists.
CUSTOMER: THE ABOVE TERMS AND CONDITIONS ARE AN INTEGRAL PART OF THIS SERVICE AGREEMENT, READ THEM FULLY.
THIS CONTRACT SHALL AT ALL TIMES BE SUBJECT TO SUCH CHANGES OR MODIFICATIONS BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION AS SAID COMMISSION MAY, FROM TIME TO TIME, DIRECT IN THE EXERCISE OF ITS JURISDICTION. RATES AND CHARGES SUBJECT TO CHANGE WITH SUCH NOTICE AS IS REQUIRED BY THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA.