This Agreement is made effective this ___ day of ________ (the “Effective Date”) by and between TecInfo Communications, LLC, DBA TecInfo Communications , a CLEC (Competitive Local Exchange Carrier), ITSP (Internet Telephony Service Provider), Interconnected-VoIP Provider, and a provider of voice application services (VoIP) (“Services”) over the Internet to its customers, with its principal office located at 601 N. Deer Creek Drive E., Leland, MS 38756 AND, _____________________________(“CUSTOMER”) , a ______________ company with its principal office located at ______________________________________________ on behalf of itself and its affiliates. CUSTOMER desires to purchase and TecInfo Communications desires to supply services identified in this Agreement (“SERVICES”) under the following terms and conditions.
1. TERM. The Agreement shall be effective on the Effective Date indicated on the first page of the Agreement. The term of the Agreement shall commence upon the later of (i) installation of the initial Service or (ii) the Effective Date, and shall continue in full force and effect for thirty-six (36) months , unless earlier terminated in accordance with the Agreement terms. After expiration of the Term, the Agreement shall renew automatically thereafter for successive yearly term(s), unless either Party serves the other Party with written notice of such Party’s intent not to renew the Agreement at least sixty (60) days prior to expiration of the then current Term. TecInfo Communications? provision of Services is contingent upon Customer’s compliance with TecInfo Communications? credit requirements, which requirements may be revised during the Term hereof in TecInfo Communications? sole reasonable discretion.
2. CHARGES AND PAYMENT. a) The rates and charges for the Services shall be those set forth in the rate schedule to the Agreement (the “Rate Schedule”) or other appropriate schedule thereto and/or TecInfo Communications? tariffs, as applicable and as amended from time to time. The rates and charges in the Rate Schedule apply only to the Services provided at the service address listed on the Rate Schedule of the Agreement. Each additional Customer location added after the Effective Date of the Agreement shall require its own rate schedule. For any TecInfo Communications service used by Customer for which a rate is not specified in the Agreement, TecInfo Communications? standard business rate shall apply.
b) Notwithstanding the foregoing, Customer guarantees to TecInfo Communications payment of a minimum monthly fee in the amount set forth on the first page of the Agreement (“Minimum Monthly Fee”). For each month Customer agrees to pay the greater of (i) the total amount otherwise due for the month for all Services and any Equipment provided under the Agreement, or (ii) the Minimum Monthly Fee. Compliance with the Minimum Monthly Fee shall be based on Customer’s Service charges prior to application of any taxes or surcharges. c) Customer agrees to make all payments for Services within ten (10) days after Customer?s receipt of the TecInfo Communications invoice (the ?Due Date?). All applicable federal, state or local taxes, and all use, sales, commercial, gross receipts, privilege, surcharges or other similar taxes or license fees, whether charged to or against TecInfo Communications or Customer, shall be payable by, and is the sole responsibility of Customer. Customer shall be responsible for payment of all local, state and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services. Customer shall be responsible for the payment of all surcharges in effect from time to time, including but not limited to USF, PICC, and payphone surcharges, as required or permitted by applicable law, regulation or tariff and/or as specified on the TecInfo Communications website at www.tecinfo.net. To the extent a sale is claimed to be subject to a tax exemption, and Customer provides TecInfo Communications with a proper tax exemption certificate as authorized or required by statute or regulation of the jurisdiction providing said tax exemption, TecInfo Communications agrees to exempt Customer from the collection of taxes to the extent warranted by such certificate(s). Failure to timely provide said certificate will result in no exemption being available to Customer for any period prior to the date that the Customer presents a valid certificate. Notwithstanding, when applicable, Monthly recurring and all one-time charges shall be invoiced 30 days in advance of service and all usage charges shall be invoiced in arrears. If any CUSTOMER payment is not received by the Due Date, TecInfo Communications
may impose a late payment charge of the higher of 1.5% per month or the highest legally permissible by the State of Mississippi.
3. DISPUTE RESOLUTION. Customer must provide TecInfo Communications with written notice of any disputed charge(s) within ninety (90) days after the invoice date listed on the bill or shall be deemed to have waived its rights to dispute the charges. If the dispute is filed on or before the Due Date for the respective invoice, Customer shall pay the invoiced amount minus the disputed amount by the Due Date. Customer shall have no right to withhold amounts not disputed by the Due Date, provided that payment of an invoice shall not be deemed a waiver of Customer’s rights to later dispute an invoice within the time period established in this Section. The dispute notice shall set forth in writing in reasonable detail the information concerning the disputed charges and reasons for the dispute. TecInfo Communications and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is subsequently resolved in favor of TecInfo Communications, Customer shall pay the disputed amount previously withheld within ten (10) days of such resolution, including interest at the rate specified above from the original due date. If the dispute is subsequently resolved in favor of Customer, TecInfo Communications shall issue a credit on Customer’s subsequent invoice for the disputed amount. If TecInfo Communications initiates legal proceedings to collect any amount due hereunder and TecInfo Communications substantially prevails in such proceedings then Customer shall pay the reasonable attorneys’ fees and costs incurred by TecInfo Communications in prosecuting such proceedings and any appeals there from.
4. DEFAULT. A ?Default? shall occur if: (a) CUSTOMER fails to make any payment by its Due Date and such failure remains uncorrected fifteen (15) days after written notice from TecInfo Communications, (b) either party fails to perform or observe any material term or obligation other than making payment, contained in this Agreement, and any such failure remains uncorrected for thirty (30) calendar days after receipt of a written notice from the non-defaulting party informing the defaulting party of such failure; or (c) Upon the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings by or against either party under any section or chapter of the United States Bankruptcy Code, if such proceedings have not been dismissed or discharged within thirty (30) calendar days after they are instituted; (d) Upon the insolvency, or the making of an assignment for the benefit of creditors, or the institution of any reorganization arrangement or other readjustment of debt plan of or by either party not involving the United States Bankruptcy Code; or (e) Upon the appointment of a receiver for all or substantially all of a party?s assets. The parties expressly agree that the failure of any particular telecommunications or Internet circuit or any number of circuits shall not constitute a material breach of this Agreement.
Upon any actual or alleged breach of or default under this Agreement by any party, no action shall be taken with respect thereto against the breaching or defaulting party unless and until such breach or default remains uncured thirty (30) days after written notice thereof to the party alleged to be in breach or default. Each party shall be entitled to seek in a court of law injunctive and other equitable relief for any breach of the terms of this Agreement. Otherwise, however, if a dispute arises out of or relates to this Agreement, any actual or alleged breach hereof or the interpretation hereof, and if such dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle such dispute by mediation administered by the American Arbitration Association (the ?AAA?) under its Commercial Mediation Procedures, or by private mediation as the parties may agree, before resorting to arbitration, litigation, or some other dispute resolution procedure. Any such dispute not resolved by negotiation or mediation shall be settled by binding arbitration in Washington County, Mississippi pursuant to the commercial Arbitration Rules of the AAA, by a single arbitrator selected in accordance with rules of the AAA. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from the court of competent jurisdiction to protect its rights or property pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs of responding to such action.
5. TERMINATION. a) A party may terminate the Agreement on thirty (30) days’ written notice if the other party materially breaches the Agreement and such breaching party fails to cure the breach within such notice period, provided that the cure period for breach of any of Customer’s payment obligations shall only be ten (10) days. b) A party may terminate the Agreement upon written notice to the other party if (i) the other party dissolves or becomes insolvent or bankrupt; (ii) the other party makes an assignment for the benefit of creditors; (iii) the other party suspends the transaction of its usual business or consents to the appointment of a trustee or receiver; (iv) a trustee or receiver of the other party is appointed; or (v) any bankruptcy, reorganization, insolvency or similar proceeding is instituted by or against the other party and not dismissed within thirty (30) days. c) If Customer (or any Customer affiliate) is in default of the terms of any other agreement between TecInfo Communications (or any TecInfo Communications affiliate) and Customer (or any Customer affiliate), including but not limited to any payment obligation to TecInfo Communications or its affiliates, then TecInfo Communications, at its sole option, may consider such default as a default under this Agreement and provide notice of default in accordance with the terms of this Agreement. Customer further understands and agrees that any breach by Customer of its obligations under this Agreement shall also be deemed a breach by Customer of its obligations under any other agreements it (or any Customer affiliate) has entered into with TecInfo Communications and/or its affiliates and understands and agrees that any such breach shall authorize TecInfo Communications and/or any of its affiliates to immediately suspend performance under, and or terminate, said agreements with Customer (or Customer’s affiliates) for default.
d) In addition to TecInfo Communications’ remedies under Section 3 and Section 5(a) hereof, TecInfo Communications shall have the right on fifteen (15) days prior notice to immediately and without further notice suspend Services to Customer in the event of nonpayment by the Due Date of any charges not disputed in accordance with the provisions of Section 3.
6. Termination Liability. If the Agreement is terminated anytime after the Effective Date of the Agreement but prior to the expiration of the Term, except if terminated by Customer pursuant to Section 2 or 6 (termination) above, Customer shall pay to TecInfo Communications, immediately upon demand, (i) all sums then due and unpaid plus (ii) an amount equal to the Minimum Monthly Fee times the number of months left in the Term. No termination liability will apply in the event the Agreement is terminated by Customer pursuant to Section 1 or 5 above, however, in such event Customer shall be responsible for payment of all charges incurred prior to the termination date.
7. MAINTENANCE. TecInfo Communications may from time to time suspend Service for routine maintenance or rearrangement. TecInfo Communications will give CUSTOMER a minimum of five (5) business days advance notification (via phone or email) of such maintenance and TecInfo Communications shall use best efforts to ensure that such maintenance shall not interrupt service to CUSTOMER and shall be performed between the hours of 11:30 PM to 6:00 AM or Sundays between the hours of 12AM to 8:30AM local time, except in cases where emergency maintenance is necessary and unavoidable. TecInfo Communications may amend or modify Services provided such modifications do not materially effect, interrupt, or increase the cost of such Services with thirty (30) days written notice to CUSTOMER. In the event of a need for emergency repairs as much notice as practicable will be given. Both parties shall provide the other party (and revise as necessary) a list of contacts for maintenance and escalation purposes. TecInfo Communications will maintain a point-of contact for CUSTOMER to report a degradation or interruption in Service (?Service Outage?) to TecInfo Communications twenty-four (24) hours a day, seven (7) days a week. When CUSTOMER believes that a Service Outage has occurred, CUSTOMER must contact TecInfo Communications? Network Operations Center (“NOC”) at 1-601-353-1288 extension 227 to identify the Service degradation and initiate an investigation of the cause of the Service Outage (?Trouble Ticket?). If TecInfo Communications becomes aware of a service degradation, TecInfo Communications will contact CUSTOMER to determine whether a Trouble Ticket should be initiated. Once the Trouble Ticket has been opened, the appropriate TecInfo Communications personnel will initiate diagnostic testing and isolation activities to determine the source and severity of the degradation in Service. If there is a Service Outage, TecInfo Communications and CUSTOMER will cooperate to restore Service. A Service Outage ends when the affected Service is fully operative. In the event of a Service failure or outage, TecInfo Communications agrees to have repair personnel working to restore the affected Services within two (2) hours after receiving notification of the outage or failure by the CUSTOMER, or when first noticed by the TecInfo Communications.
8. Equipment furnished by TecInfo Communications shall remain its property and shall be returned to TecInfo Communications on expiration or termination of the Agreement or as earlier requested by TecInfo Communications, in good condition, reasonable wear and tear excepted. Customer shall reimburse TecInfo Communications for any loss of, or damage to, TecInfo Communications facilities or equipment on the Customer’s premises, except loss or damage caused by TecInfo Communications? own employees, agents or contractors.
9. WARRANTY. THE QUALITY OF SERVICE PROVIDED HEREUNDER SHALL BE CONSISTENT WITH COMMON CARRIER INDUSTRY STANDARDS, GOVERNMENT REGULATIONS AND SOUND BUSINESS PRACTICES. TECINFO COMMUNICATIONS MAKES NO OTHER WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TECINFO COMMUNICATIONS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON TECINFO COMMUNICATIONS? BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF TECINFO COMMUNICATIONS.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. THIS DOES NOT LIMIT CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF ANY AND ALL PROPERLY DUE CHARGES. THIS SECTION SHALL SURVIVE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY AND TERMINATION OF THE AGREEMENT.
b) TECINFO COMMUNICATIONS? ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE AS FOLLOWS: (I) FOR A SERVICE QUALITY CLAIM (INCLUDING INTERRUPTION IN SERVICE), THE OUTAGE CREDIT UNDER THE SERVICE LEVEL AGREEMENT; (II) FOR TANGIBLE PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY TECINFO COMMUNICATIONS? NEGLIGENT ACTS OR OMISSIONS, OR FOR ANY DAMAGES ARISING FROM THE WILLFUL MISCONDUCT OF TECINFO COMMUNICATIONS, THE AMOUNT OF PROVEN DIRECT DAMAGES; AND (III) FOR ALL OTHER CLAIMS NOT COVERED BY THE FOREGOING SUBSECTIONS, THE AMOUNT OF PROVEN DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE CHARGE APPLICABLE UNDER THE AGREEMENT FOR THE PERIOD DURING WHICH SERVICES WERE AFFECTED. IN NO EVENT SHALL TECINFO COMMUNICATIONS? AND ITS AFFILIATES’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO TECINFO COMMUNICATIONS HEREUNDER. THIS SECTION SURVIVES TERMINATION OF THE AGREEMENT.
c) TecInfo Communications also shall not be liable for any damages arising out of or relating to: interoperability, interaction, access or interconnection problems with applications, equipment, services, content, or networks not provided by TecInfo Communications; Service interruptions or lost or altered messages or transmissions (except to the extent credit allowances are specified in the applicable Service Level Agreement); or unauthorized access to or theft, alteration, loss or destruction of Customer’s, Users’ or third parties’ applications, content, data,’ programs, information, network or systems. d) The provision(s) of this section shall survive the termination of service(s) and the term of this Agreement.
11. FORCE MAJEURE. In the event that either party?s performance under this Agreement is delayed, prevented, obstructed, or inhibited because of any act of God, governmental action or any other cause beyond such party?s reasonable control (?Force Majeure Event?), such party will not be in default of this Agreement; provided, however, such party shall exercise commercially reasonable efforts to perform in spite of the Force Majeure Event. In the event of a Force Majeure Event, which materially impacts performance for ten (10) days or more (?Extended Delay?), either party may terminate the affected Services without penalty or further obligation upon written notice to the other party. During a Force Majeure Event, all payment obligations shall abate with respect to the impacted Services.
12. COMPLIANCE WITH LAW AND GOVERNING AUTHORITY. a)Each party shall comply with all applicable laws, regulations, court decisions or administrative rulings regarding the provision or use of the Services. Without limiting the foregoing, all customers that utilize the Services for the purpose of making telephone solicitations must comply with the national do-not-call requirements, including the rules as set forth in 47 C.F.R. Section 64.1200 and 16 C.F.R. Part 310. Failure to do so shall constitute a material breach of the Agreement. b)This Agreement is subject to all applicable federal, state and local laws, and regulations, rulings, orders, and other actions of governmental agencies. It is agreed that this Agreement is being executed by TecInfo Communications within the State of Mississippi, has become effective within the State of Mississippi, and therefore shall be governed by and construed in accordance with the laws of the State of Mississippi.
13. CHANGE IN LAW. If any government statute or regulation or order by a court of law or regulatory authority directly (a) prohibits performance under this Agreement, (b) makes such performance illegal, impossible or impractical, or (c) effects a change which has a material adverse impact upon either party?s performance of its obligations under this Agreement, then the parties will use all reasonable efforts, to either (1) revise or amend such conflicting statute or regulation or order by a court of law or regulatory authority or (2) revise the Agreement so that (a) performance under the Agreement is no longer prohibited, illegal, impossible or is no longer impacted in a material adverse fashion, and (b) the Agreement is revised in a manner that preserves, to the maximum extent possible, the respective original intent of the parties. Each party will endeavor to provide reasonable notice to the other party as to any proposed law, regulations or any regulatory proceedings or actions that could affect the rights and obligations of the parties under this Agreement. If the parties are unable to revise the Agreement in accordance with the above, then the party whose performance is rendered prohibited, illegal, impossible, impractical or is impacted in a material adverse manner shall have the right to, at its sole discretion, to cease performance of any such obligations or Services that are so prohibited, impossible, impractical or material and adversely affected without further obligation or liability upon thirty (30) days? prior written notice to the other party (or less if required by law). The parties will continue to perform all such obligations and Services under this Agreement that are not so prohibited, impossible, impractical or material and adversely affected; provided if a material part of the rights and obligations under this Agreement are suspended in accordance with the above and the performance of the remaining obligations would not reasonably maintain the respective original intent of the parties or would not serve the essential purpose of this Agreement, then either party shall have the right to, at its sole discretion, to terminate this Agreement without further obligation or liability upon thirty (30) days? written notice to the other party.
14. NOTICES. All notices and communications under the Agreement shall be in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by facsimile transmission, addressed to the respective Party as set forth in the first page of the Agreement or to such other address as may be designated in writing by such Party. Notice shall be deemed given upon receipt.
15. UNAUTHORIZED USE OF SERVICES. Customer, and not Tecinfo Communications, shall bear the risk of loss arising from any unauthorized or fraudulent usage of Services provided under the Agreement to Customer. TecInfo Communications reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse in connection with the Services, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and regulations.
16. SEVERABILITY OF PROVISIONS. The Agreement, including these Standard Terms and Conditions and all other schedules referenced in the Agreement or at www.ticommunications.net and which are applicable to the Services purchased by the Customer, and any attached schedules signed by both parties, represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Service. Any modification to this Agreement shall be in writing signed by authorized representatives of both Parties. In case of any conflict between the provisions of these Standard Terns and any schedule (including any Additional Terms), the provisions of these Standard Terms shall take precedence unless otherwise indicated in the signed attached schedule. This Agreement and any amendment of the terms hereof, may be signed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
17. WAIVER: No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.
18. CONFIDENTIALITY. CPNI. : Under federal law, Customer has the right, and TecInfo Communications has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer’s service usage (CPNI). Customer hereby consents to the sharing of Customer’s CPNI or other personal information with TecInfo Communnications, LLC and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Customer’s attention any products and services, or in the event of any merger, sale of some or all of the company assets or acquisition as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of Customer’s Service and is valid until revoked by Customer. To remove this consent at any time, Customer must notify TecInfo Communications in writing at 601 N. Deer Creek E., Leland, MS 38756 Attn: Customer Service and provide the following information: (1) Customer name, (2) Service billing address, (3) telephone number including area code, and (4) service account number. Removing consent will not affect the Customer’s current Service.
19. ASSIGNMENT. Neither party may assign its obligations under this Agreement without the prior written consent of the other party; such consent not to be unreasonably conditioned, delayed or withheld. Either party may, however, assign its rights hereunder to an affiliate or a company which purchases all or substantially all of its assets (?Assignee?) without the consent of the other party, but with no less than thirty (30) days? prior notice to the non-assigning party; provided that the Assignee agrees to be bound by all the terms and conditions of this Agreement, including the Assignee?s agreement to cure all prior defaults of the assigning party under this Agreement.
20. AFFILIATES. From time to time it may be necessary for TecInfo Communications to provide services through an affiliate or third-party to Customer. Any provision of Service to Customer pursuant to this Agreement by an affiliate of the TecInfo Communications, or a third-party company used by TecInfo Communications, TecInfo Communications shall remain responsible to Customer for the delivery and performance of the Service in accordance with the terms and conditions of this Agreement. The parties acknowledge and agree that Customer?s affiliates may purchase Services and be invoiced directly by TecInfo Communications under this Agreement; provided, however, any such Customer affiliate purchasing Services hereunder agrees that such Services are provided pursuant to and governed by the terms and conditions of this Agreement. Any reference to Customer in this Agreement with respect to a Service ordered by a Customer affiliate shall also be deemed a reference to the applicable Customer affiliate.
21. ÿ911 EMERGENCY DIALING. a) 911 Dialing will be implemented and operational with the Service. Service may not be used in any geographical area different from that reported to TecInfo Communications as the Customer?s installation site. With E911 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 TecInfo Communications the physical location where you will be using the Service with that phone number. If you move an IP-enabled Device 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 previously registered address. c) Outages due to Electrical, Internet or other General Failures. Customer acknowledges that the Services will not function in the absence of electrical power, access to the Internet or other general failures associated with the voice network. Customer acknowledges that the Services will not function if there is an interruption of Customer?s broadband or high-speed Internet access service. d) Non-Voice Systems. Customer acknowledges that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions, Customer waives any claim against Provider for interruption or disruption of such systems by the Services.
22. ADDITIONAL PROVISIONS. This Agreement, together with the, Addendums, Quotes, Price Lists, Service Orders, LOA?s and SLA?s which are incorporated herein by reference, and which together with this Agreement constitutes the entire understanding between the parties with respect to Services provided herein and supersedes any prior agreements or understandings. All notices and/or subsequent amendment(s) to this Agreement hereunder shall be made in writing and shall be delivered to the addresses set forth below by either overnight courier or certified mail, return receipt requested. Any such notice and/or subsequent amendment(s) shall be deemed effective on the day of actual delivery. The parties agree that a digitized (electronic) or facsimile copy of the executed Agreement shall be the same as an original copy. The failure of either party to give notice of Default or to enforce compliance with any of the terms or conditions of this Agreement will not be considered the waiver of any other term or condition of this Agreement. The individuals executing this Agreement on behalf of each party hereby represent and warrant to the other party that such individual is authorized to so execute this Agreement.
23. ADD/REMOVAL OF SERVICES. Mobility license and RCF can be removed at any time in service term, should services no longer be needed, without financial penalty.
Provider: Customer & Mailing Address:
TecInfo Communications, LLC ________________________
DBA/TecInfo Communications ________________________
601 N. Deer Creek E ________________________
Leland, MS 38756 ________________________
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