| Business/Residential Service Agreement Other Terms and Conditions Customer hereby orders and Merit Telecom agrees to provide communications services ("Services") pursuant to this Residential/Business Agreement ("Agreement"). The rates, terms and conditions set forth in this form shall be deemed to constitute this Agreement along with the provisions of any Applicable Tariffs. The provisions of any Applicable Tariffs are incorporated herein by this reference. Service will be provided in accordance with the rates, terms and conditions described in this Agreement and the rates terms and conditions in Applicable Tariffs pertaining to the Services provided under this Agreement. Applicable Tariffs are the Merit Telecom (or Merit Telecom carrier and business partners) tariffs filed with the utilities regulatory commission or board of Customer’s state. The term of this Agreement is as specified or is one month if no term is specified. In the event of any inconsistency between the terms of any Applicable Tariff and this Agreement, the terms of the Tariff shall prevail. Merit Telecom (and Merit Telecom carrier and business partners) shall use its best efforts to maintain all Applicable Tariffs consistent with the terms of this Agreement. Except for any warranties expressly made in this agreement or the applicable tariffs, Merit Telecom excludes all warranties, expressed or implied, including, but not limited to any implied warranties of merchantability and fitness for a particular purpose. Merit Telecom's liability to customer is subject to the limitations stated in this agreement and applicable tariffs. The liability of Merit Telecom for damages arising out of the furnishing of its services including, but not limited to mistakes, omissions, interruptions, delays, or errors, other defects, representations by the company or failure to furnish service whether caused by acts or omissions of the company or any third party shall be limited to the prorated charge for services for the applicable period. Merit Telecom will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages. This Agreement (whether in contract, indemnity, warranty, strict liability, tort or otherwise, except choice of law) shall be governed by the State of Ohio and applicable federal statutes or, as relevant to discontinuance of service only, the law of Customer’s state. The Customer is required to pay all charges for service in accordance with the Company’s billing and collection practices. The Customer will be held responsible for all charges for telephone service rendered in connection with local or toll messages place from his or her station(s) and in connection with toll messages received at his or her station on which the charges have been reversed with the consent of the person called. The billing period shall be one month. Customer must remit payment for all billed charges by the due date shown on the bill. Merit Telecom may apply a one-time late payment charge of 1.5% of any unpaid amount. In the event that Customer fails to pay all billed charges by the due date shown on any bill, Merit Telecom may discontinue provision of the Services to Customer after appropriate notice as required by the law of the Customer’s state. Customer shall remain liable for payment of all charges incurred for the use of the Services. Merit Telecom may assess a Returned Check Fee as allowed by the law of Customer’s state for any dishonored check presented to Merit Telecom by Customer as payment for the Services. Merit Telecom may refuse to provide the Services to any Customer who fails to establish acceptable credit. Merit Telecom, from time to time, may request that Customer re-establish credit or provide additional security as a condition of continued service. Failure of Customer to provide such additional security shall be deemed a breach of this agreement and cause for termination of this agreement and of customer's service. This agreement and the applicable tariffs constitute the entire agreement between the parties with respect to the services to be provided hereunder. This agreement supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such services or the rights and obligations relating thereto. No change, modification or waiver of any of the terms of this Agreement, except for revisions to the Applicable Tariffs shall be binding unless reduced to writing and signed by authorized representatives of both parties hereto. Customer represents and warrants that the person executing this Agreement on Customer’s behalf is fully authorized to do so. Customer’s obligation to pay all charges incurred under this Agreement shall survive termination. Customer shall notify Merit Telecom of any sale, merger or other transaction in which control of Customer or substantially all of Customer’s assets is transferred to another person or entity. This Agreement shall be binding on Customer’s successors and assigns. Revised 3/1/01 | | We help you support: Schools Youth Development Environment Animal Shelters Family Services The Arts Affordable Housing Senior Services Church Synagogue Temple Historic Preservation Land Trust Community Center Alzheimers Research | |
