Terms and Conditions
TERMS AND CONDITIONS OF SERVICE FOR END-USERS
1. TERMS AND CONDITIONS.
b. Ninety Day Satisfaction Guarantee. End-User may terminate this Agreement upon providing written notice to Axion Communications within ninety (90) days of the Start Date. Should End-User choose to exercise this option, Axion Communications will reverse all charges for monthly Services charges, account activation fees, and installation fees. The End-User will not be reimbursed for line porting fees or toll-free number activation fees. The End-User is additionally responsible for returning any equipment purchased from Axion Communication in like-new condition, including the original packaging, at the End-User’s expense. Any equipment returned without the original packaging will be subject to a 15% re-stocking fee. Axion Communications reserves the right to reject the return of any equipment that it deems is not in like-new condition.
3. 911 EMERGENCY DIALING.
With 911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. By using this Service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
b. Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Axion Communications the physical location where you will be using the Service with that phone number. When you move the Equipment to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address.
c. Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.
d. Outages due to Electrical, Internet or other General Failures. End-User acknowledges that the Services will not function in the absence of electrical power, access to the Internet or other general failures associated with the VoIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User’s broadband or high-speed Internet access service.
e. Non-Voice Systems. End-User acknowledges that the Services are not set up to function with out-dialing systems, including, but not limited to, home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions, End-User waives any claim against Axion Communications for interruption or disruption of such systems by the Services.
5. BILLING, CHARGES AND PAYMENT.
b. Credit Terms. All Services provided to End-User and covered by the Agreement shall at all times be subjected to credit approval or review by Axion Communications. End-User will provide such credit information or assurance as is requested by Axion Communications at any time. Axion Communications, in its sole discretion and judgment, may discontinue credit at any time without notice.
c. Billing. Axion Communications will send or make available to End-User a monthly on-line invoice for the Services and bill all charges invoiced to End-User’s account to the End-User credit card. Such charges shall include activation fees, monthly Service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly Service fees are paid in advance of each month’s Service; toll charges and any other applicable charges are billed at the end of each month’s Service. Axion Communications reserves the right to charge the End-User credit card for toll charges at any time if End-User’s cumulative toll charges for the current month exceed two hundred fifty dollars ($250.00). Billing for monthly Service fees commences upon purchase of the Services, and the first month’s monthly Service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly Service fees are initiated. Thereafter, billing for monthly phone Services will occur in advance of the month the Services are provided, whereas billing for any toll or long-distance charges will occur in arrears.
d. Late/Non-Payment. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined End-User credit card charges, Axion Communications may suspend or terminate the Services and all accrued charges shall be immediately due. Axion Communications may charge End-User interest (at 1.5% per month or the maximum allowable rate, whichever is less) on those unpaid charges and a late fee (to the extent allowable by law) of 10% of the past-due balance. If End-User fails to pay Axion Communications within thirty (30) days of billing date, Axion Communications has the right to disconnect the Services without notice and/or send to collection. Upon disconnect, End-User agrees to immediately pay all amounts owed to Axion Communications. Axion Communications reserves the right to charge End-User a $50.00 re-establishment of Service fee. Upon disconnect a valid credit or debit card will be required to reinstate Service. If payment is not made in full within sixty (60) days of billing date, End-User hereby consents to Axion Communications’ right to repossess the End-User Equipment to offset monies owed without liability for damage or trespass.
e. Taxes. Prices for the Services do not include any applicable customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by End-User and will be added to any amounts otherwise charged to End-User unless End-User provides Axion Communications with an appropriate exemption certificate. If any amounts paid for the Services are refunded by Axion Communications, applicable taxes may not be refundable. At the present time, under the terms of Axion Communications’ VoIP phone service, federal excise taxes are applicable, as are sales taxes on any Equipment purchased by End-User.
f. Credits. End-User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances are at the sole discretion of Axion Communications.
g. Discounts. From time to time in its sole discretion, Axion Communications may offer promotions or discounts on activation or other fees. Any promotion or discount codes must be entered by End-User upon purchase of the Services. End- User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of Service.
h. Billing Disputes. End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End-User waives any objection.
i. Application of Received Payments. Axion Communications will apply all payments received from End-User to the oldest outstanding invoice.
7. TELEPHONE NUMBER.
8. LOST, STOLEN, ALTERED OR BROKEN
9. PROHIBITED USES.
10. UNLIMITED MINUTE USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES OR PLAN.
11. LICENSE TO YOUR CONTENT.
12. OUR USE AND STORAGE OF CUSTOMER DATA.
13. ACCESS AND DOWNLOADING FROM iTunes.
b. Acknowledgement. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. Warranty. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Axion Communications and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Axion Communications.
d. Responsibility. You and Axion Communications acknowledge that, as between Axion Communications and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. Third Party. You and Axion Communications acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Axion Communications and Apple, Axion Communications, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
f. Subsidiaries. You and Axion Communications acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
g. Compliance. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
14. ACCESS AND DOWNLOADING APPLICATIONS FROM OTHER APP STORES.
16. OTHER FEES.
17. INSTALLATION & TRAINING.
18. TECHNICAL SUPPORT.
21. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
22. WARRANTY AND LIABILITY LIMITATIONS.
b. Fraud Liability. Hosted PBX customers are not liable for the local or international toll charges and associated taxes or services fees if their hosted PBX system is compromised by a third party and said party uses the hosted PBX system to make international calls. This limitation of liability does not apply to SIP trunking customers.
23. EXPORT COMPLIANCE.
24. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.
25. SOFTWARE COPYRIGHT.
28. FORCE MAJEURE.
29. GOVERNING LAW / RESOLUTION OF DISPUTES.
b. Governing Law. The Agreement and the relationship between you and Axion Communications shall be governed by the laws of the State of California without regard to its conflict of law provisions. End-User and Axion Communications agree to submit to the exclusive jurisdiction of the courts in Ventura County, California for purposes of entering any arbitration award hereunder or for any other litigation hereunder.
c. Waiver. The failure of Axion Communications to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
d. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
e. Survival. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.