|– Thank you for your business!
-Customer who is not satisfied with a VIP Business Internet may be entitled to a refund of up to the first forty-five (45) days of the monthly recurring charges for that Service, plus applicable taxes and surcharges. To qualify for this refund, the Customer must notify VIP Business in writing within 30-days of installation of the applicable Service that the Customer is exercising its rights under this 30-Day Satisfaction Guarantee to terminate that Service. If the Customer chooses to terminate such Service at that time, VIP will waive the early termination fees associated with the qualifying terminated Service(s). The refund excludes Service activations requiring construction or installation costs incurred by VIP in excess of $300. The refund excludes all local and long distance usage charges which Customer shall be required to pay, and all taxes and fees associated with such usage charges. A Customer may obtain this refund only once for each applicable VIP Service. All VIP equipment rented or used by the Customer must be returned to VIP in good condition prior to any refunds or credits being issued.
|By signing this Agreement, you represent that you are the authorized Customer representative. This Agreement binds Customer to the terms and conditions attached to this Agreement (the “Service Terms”) and any other terms and conditions applicable to the Services set forth, including without limitation, the VIP tariffs, Service Guides, State and Federal regulations, and the General Terms (attached). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. Customer acknowledges and accepts that Customer is solely responsible for protecting its network, equipment and the software through the use of firewalls, anti-virus and other security devices. Customer further acknowledges and accepts that Customer is solely responsible for fraudulent activity and related charges that result from Customer’s failure to protect its network, equipment and the software. This Agreement is subject to credit approval and Customer authorizes VIP to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to VIP unchanged within thirty (30) days of receipt. In addition to any other termination rights in this Agreement, VIP may terminate this Agreement without liability at any time prior to installation of Services or if VIP determines that Customer’s location is not reasonably serviceable according to VIP’s standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to VIP. “Acceptance” of the Agreement by VIP shall occur upon the earlier of (i) VIP’s countersignature of this Agreement or (ii) VIP’s installation of Service at Customer’s location. If Customer cancels this Agreement prior to installation of Service by VIP, Customer shall be liable for VIP’s costs incurred. If VIP Equipment is not returned to VIP after disconnection of Services, Customer shall be liable for the VIP Equipment costs.|
|Customer Authorized Signature||VIP Voice Services, LLC Signature|
|Title Position:||Title Position:|
1. Service Start Date and Term This Agreement shall be effective upon execution by Customer and “Acceptance” by VIP (as such term is defined on the Cover Page). The “Initial Term” shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed-upon installation date, VIP may begin billing for Services on the date Services would have been installed. VIP shall use reasonable efforts to make the Services available by the requested service date. VIP shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond VIP’s control. If Customer delays installation for more than ninety (90) days after Customer’s execution of this Agreement, VIP reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for VIP’s reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN “EXTENDED TERM”) UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. “Term” shall mean the Initial Term and Extended Term (s), if any. VIP reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to Services for which rates, terms and conditions are governed by a VIP tariff or SG. Upon notice to Customer, VIP may change the rates for Services periodically during the Term. VIP may change the rates for telephone Service subject to a VIP tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer’s payment for Service after notice of a rate increase will be deemed to be Customer’s acceptance of the new rate.
2. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by VIP), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay VIP a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any VIP Service(s), VIP may terminate this Agreement without liability if VIP cannot resolve the interference by using commercially reasonable efforts.
3. Payment Customer shall pay VIP all monthly recurring charges (“MRCs”) and all non–recurring charges (“NRCs”), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If VIP terminates this Agreement due to Customer’s breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from VIP, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer’s invoice. No interest will be paid on deposits unless required by law.
4. General Terms The General Terms are hereby incorporated into this Agreement by reference. VIP, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon VIP publishing such changes on the their website. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS.
5. LIMITATION OF LIABILITY VIP AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL VIP OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. VIP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF VIP. UNDER NO CIRCUMSTANCES WILL VIP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES.
6. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND VIP DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. VIP MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK.