overview

Effective 10/01/2011

The following paragraphs summarize what is covered in each section of the Terms and Conditions of the Telecommunications Account Agreement. TO VIEW THE ACTUAL AND FULL TEXT of the Terms and Conditions referred to by each paragraph heading below, click on the applicable paragraph heading. If you wish to PRINT a copy of the COMPLETE Terms and Conditions that apply to the Telecommunications Account Agreement, click here.

1. General
This section defines the Services for which you are contracting, how the prices for those Services are determined, special conditions for rates and fees, such as expedite fees, how the rates, Terms and Conditions may be changed during the contract Term and any rights you have if those changes occur.

2. Term Billing and Payment
This section covers when the Agreement becomes effective, when the Term starts and renews, how additional Services, if any, are handled, how billing will occur and what is included, how a deposit may be required, what happens if you delay acceptance of the Services, when payment of Invoices is due, how Invoice disputes are handled, late payment fees, actions that may result from late payment or non-payment and the charge for returned checks.

3. Customer Obligations
This section covers your responsibility for any of our property on your premises, for use of our Service and your message content, for compliance with our Acceptable Use Policy (which may change during the Term), for securing your own network against unauthorized use and access and that you have no right to rely on any oral or written statements of our employees contrary to the Customer Obligations Terms and Conditions. Also included is your responsibility to pay any 3rd party vendor charges and to arrange for disconnection and payment of charges related to the disconnection of any related services with your current carrier(s).

4. Termination
This section states the rights and duties related to termination of Services or the Agreement, the renewal of the Term, the fees charged for cancellation of an order for Services before the commencement of a Term, how a “material breach” of the Agreement is handled, and whether a fee is incurred for termination of Services or the Agreement before the end of a Term and how it is calculated.

5. Warranty, Disclaimer, Limitation of Liability and Indemnity
This section limits your rights to impose liability for certain damages on us, disclaims certain implied representations and warranties, provides credit allowances under certain conditions for interruptions of Service and outages that you may claim, and defines your obligations, and ours, with regard to indemnity and defense of certain claims.

6. Miscellaneous Provisions
This section controls assignment and transfer of the Agreement and Services under it, the law applicable to the Agreement, an exclusion of liability for damages caused by us over which we have no control, how we resolve disputes under the Agreement, the exclusion of any understanding or other agreements from what is contained in the Agreement and its exhibits, and any changes not signed by both you and us, what happens if any provision of the Agreement is found to be invalid or unenforceable, whether the headings of the sections and paragraphs are part of the Agreement, the effect of non-enforcement of any provision of the Agreement, how we will give notice under the Agreement to each other, and a time limitation for the bringing of a legal action under the Agreement

7. Service Guarantee
This section provides you with an alternative to continuing with our Services under the Agreement under certain conditions.

8. Credit Allowance
In the rare event you experience an interruption of Service that is caused by TelePacific, you are entitled to an invoice credit as indicated in the Terms and Conditions according to the Service Level Agreement for the specific services.