Service Agreement
1. SERVICE CONTRACT. This is a contract ("Agreement") between the Subscriber and MTL Paging LTD. ("Company") for providing the radio paging services ("Service") described on the reverse side. The terms and conditions of this contract shall be subject to the rules and regulations of the Federal Communications Commission and by the state laws and any state agency regulations under which the Company may be regulated.
2. FEES AND DEPOSITS. Subscriber shall pay to Company all fees and charges specified in this Agreement for Service. All fees are subject to change upon 30 days written notice to Subscriber. If a Security Deposit is indicated on the reverse side, Subscriber agrees to pay Company a charge in the amount indicated, which may be at the Company discretion: (a) applied to fees and charges hereunder or (b) retained by Company to secure Subscriber performance hereunder, then refunded. If not prohibited by applicable laws or tariffs, deposits may be commingled with other Company funds and shall not accrue interest.
3. BILLINGS. All services are billed in advance and establishment of service is dependent upon receipt of payment covering the first month's service and connection. The agreement will be deemed in default if payment for service has not been received by Company within 10 days from its due date.
4. USE. Subscriber shall operate the Pager(s) in a lawful manner and shall comply with all Federal, State and local laws and all FCC Rules and Regulations and with the Company's Tariff or Conditions of Service and List of Charges.
5. LOSS AND DAMAGE. Subscriber shall bear the entire risk of loss, theft, damage or destruction of equipment from any cause whatsoever. No loss, theft, damage or destruction of the equipment shall relieve Subscriber of the obligation to pay any obligation under this contract.
6. MAINTENANCE. Nothing in this agreement shall be deemed to require Company to maintain or service the Pager(s) and Subscriber shall have the sole responsibility to maintain Pager(s) in good working condition.
7. TERM. Except for a month-to-month basis, Service is contracted for a period of one year. Upon expiration of said term, the term shall become one of month-to-month. After one year, Subscriber may cancel further Service and terminate his obligation to pay for further service by cancelling the Service by providing thirty (30) days written notice to Company. Notwithstanding the termination of Service by either party, Subscriber shall be responsible for all charges and fees that accrue hereunder. ANY PREPAID MONIES WILL NOT BE REFUNDED IN CASE OF EARLY TERMINATION OF THIS CONTRACT BY SUBSCRIBER. Subscriber shall be further liable for the payment of all charges and fees that would otherwise be due for the full contract term or such other payments as may be specified in any applicable tariff.
8. INDEMNITY. Unless caused by the negligence of Company, Subscriber shall defend, indemnify and hold Company and the supplier of service to Company and the officers, employees and agents of each of them harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages for libel, slander, or infringement of copyright from the material transmitted via the pager telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this agreement for the equipment and/or services, including without limitation, its manufacture, selection, purchase, delivery, possession, use, service, operation or return, and the recovery of claims under insurance policies thereon, or for the use, failure to use or inability to use the pager telephone number. This indemnity shall survive the termination of this agreement. Subscriber shall not be deemed the agent, servant or employee of Company in any manner or for any purpose whatsoever.
9. DEFAULT. It Subscriber fails to pay any airtime charges or other amounts herein provided within ten (10) days after Company shall have demanded in writing the performance thereof, or if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or his property or if Subscriber makes any assignment for the benefit of his creditors, Company shall have the right, but shall not be obligated to, exercise any one or more of the following remedies: (a) In the event that payment is not made on this account and it is placed with a licensed collection agency, I/We agree to pay the fees of the collection agency equal to a maximum of 50% of our outstanding balance at the time the account is placed with the agency. As well as interest of 10% per year which will be accured on the principal. Should legal action also be necessary in order to enforce this debt, I/We agree to pay attorney's and court costs inncurred for collection. (b) to terminate this agreement as to any service provided; (c) to collect from Subscriber a service charge equal to the highest rate of interest allowed by law and by Company Tariff, if applicable; (d) to pursue any other remedy now or hereafter existing in law or inequity.
10. RECONNECT FEE. A $20.00 reconnection fee will be charged to Subscriber if Service is reactivated after a voluntary or involuntary termination.
11. RETURNED CHECKS. Subscriber will be charged a $25.00 fee for each check returned by the bank.
12. REFUNDS. If Subscriber returns a pager within three (3) days of purchase date, a full refund will be issued LESS a $25.00 restocking fee and airtime charge for each calendar month or partial month of service, providing the merchandise is returned in "new" condition and is accompanied by all original packing material, boxes, manuals, warranties, accessories and all other items which were included with the merchandise at the time of original purchase. The absence of these criteria will result in an additional $5.00 fee. All refunds in excess of $20.00 will be remitted in the form of a company cheque within 10 business days from the date of return to Subscriber at his/her last known address. If the US Postal Service is not able to deliver such funds and returns the funds to the Company, such returned unused deposit funds will be maintained for the account of the Subscriber for one year, subject to an account fee of $10.00 per month. Any portion remaining after such one year period shall be deemed to have been forfeited by Subscriber and become property of the Company.
13. LIMITATION OF LIABILITY. Notwithstanding anything contained herein, nonperformance of Company and the supplier of service to Company hereunder shall be excused if caused by equipment failure, acts of God, strikes, equipment or facilities shortages or other causes beyond Company control. In addition, the liability, if any, of Company and supplier of service to Company for any mistake, omission, interruption, delay, error, defect or other failure in its operation or service furnished, or in transmission of information over the facilities used in furnishing service shall in no event exceed the amount of company prorated monthly charge to Subscriber for service during the period so affected. In no event shall Company be liable to Subscriber andlor its customers, users or any other person for any amount arising out of or connected with this agreement (except as specifically set forth in the preceding sentence) or for any cost, delay, incidental, general, or consequential damages, including but not limited to lost profits, property damage, personal injury or death. Subscriber agrees to indemnity and hold Company, its officers, employees, agents and affiliates harmless from and against any and all act, action, claims or demands made or brought by Subscriber's customers, former customers, or any third party arising out of or in connection with the activities contemplated by this agreement, even if occasioned by the sole negligence of Company, and against all legal fees, costs and expenses incurred by Company in defending same, including legal fees and costs incurred to establish the application of this paragraph.
14. SEPARABILITY. If any of the provisions of this agreement be determined to be unenforceable by any court of competent jurisdiction, then and in the event such term or provision shall be deemed as excluded and the remainder of the service agreement shall remain in full force and effect.
15. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Company and Subscriber. No covenant or condition or any other part of this instrument may be waived except by written instrument signed and made a part hereof by Company. The failure of either party to enforce any such provisions, but the same be and remain in full force and effect. Notwithstanding, the foregoing, this Agreement shall be deemed to be amended to reflect any change in equipment, service, frequency or rates and fees which Subscriber requests or to which Subscriber consents.
16. NOTICES. Notices to Subscriber will be deemed given if deposited in the US Postal Service addressed to Subscriber last known address as shown on the reverse side hereof. Notice to Company shall be deemed given when received by Company at the address shown on the reverse side hereof.
2. FEES AND DEPOSITS. Subscriber shall pay to Company all fees and charges specified in this Agreement for Service. All fees are subject to change upon 30 days written notice to Subscriber. If a Security Deposit is indicated on the reverse side, Subscriber agrees to pay Company a charge in the amount indicated, which may be at the Company discretion: (a) applied to fees and charges hereunder or (b) retained by Company to secure Subscriber performance hereunder, then refunded. If not prohibited by applicable laws or tariffs, deposits may be commingled with other Company funds and shall not accrue interest.
3. BILLINGS. All services are billed in advance and establishment of service is dependent upon receipt of payment covering the first month's service and connection. The agreement will be deemed in default if payment for service has not been received by Company within 10 days from its due date.
4. USE. Subscriber shall operate the Pager(s) in a lawful manner and shall comply with all Federal, State and local laws and all FCC Rules and Regulations and with the Company's Tariff or Conditions of Service and List of Charges.
5. LOSS AND DAMAGE. Subscriber shall bear the entire risk of loss, theft, damage or destruction of equipment from any cause whatsoever. No loss, theft, damage or destruction of the equipment shall relieve Subscriber of the obligation to pay any obligation under this contract.
6. MAINTENANCE. Nothing in this agreement shall be deemed to require Company to maintain or service the Pager(s) and Subscriber shall have the sole responsibility to maintain Pager(s) in good working condition.
7. TERM. Except for a month-to-month basis, Service is contracted for a period of one year. Upon expiration of said term, the term shall become one of month-to-month. After one year, Subscriber may cancel further Service and terminate his obligation to pay for further service by cancelling the Service by providing thirty (30) days written notice to Company. Notwithstanding the termination of Service by either party, Subscriber shall be responsible for all charges and fees that accrue hereunder. ANY PREPAID MONIES WILL NOT BE REFUNDED IN CASE OF EARLY TERMINATION OF THIS CONTRACT BY SUBSCRIBER. Subscriber shall be further liable for the payment of all charges and fees that would otherwise be due for the full contract term or such other payments as may be specified in any applicable tariff.
8. INDEMNITY. Unless caused by the negligence of Company, Subscriber shall defend, indemnify and hold Company and the supplier of service to Company and the officers, employees and agents of each of them harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages for libel, slander, or infringement of copyright from the material transmitted via the pager telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, liability or damages, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this agreement for the equipment and/or services, including without limitation, its manufacture, selection, purchase, delivery, possession, use, service, operation or return, and the recovery of claims under insurance policies thereon, or for the use, failure to use or inability to use the pager telephone number. This indemnity shall survive the termination of this agreement. Subscriber shall not be deemed the agent, servant or employee of Company in any manner or for any purpose whatsoever.
9. DEFAULT. It Subscriber fails to pay any airtime charges or other amounts herein provided within ten (10) days after Company shall have demanded in writing the performance thereof, or if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Subscriber or his property or if Subscriber makes any assignment for the benefit of his creditors, Company shall have the right, but shall not be obligated to, exercise any one or more of the following remedies: (a) In the event that payment is not made on this account and it is placed with a licensed collection agency, I/We agree to pay the fees of the collection agency equal to a maximum of 50% of our outstanding balance at the time the account is placed with the agency. As well as interest of 10% per year which will be accured on the principal. Should legal action also be necessary in order to enforce this debt, I/We agree to pay attorney's and court costs inncurred for collection. (b) to terminate this agreement as to any service provided; (c) to collect from Subscriber a service charge equal to the highest rate of interest allowed by law and by Company Tariff, if applicable; (d) to pursue any other remedy now or hereafter existing in law or inequity.
10. RECONNECT FEE. A $20.00 reconnection fee will be charged to Subscriber if Service is reactivated after a voluntary or involuntary termination.
11. RETURNED CHECKS. Subscriber will be charged a $25.00 fee for each check returned by the bank.
12. REFUNDS. If Subscriber returns a pager within three (3) days of purchase date, a full refund will be issued LESS a $25.00 restocking fee and airtime charge for each calendar month or partial month of service, providing the merchandise is returned in "new" condition and is accompanied by all original packing material, boxes, manuals, warranties, accessories and all other items which were included with the merchandise at the time of original purchase. The absence of these criteria will result in an additional $5.00 fee. All refunds in excess of $20.00 will be remitted in the form of a company cheque within 10 business days from the date of return to Subscriber at his/her last known address. If the US Postal Service is not able to deliver such funds and returns the funds to the Company, such returned unused deposit funds will be maintained for the account of the Subscriber for one year, subject to an account fee of $10.00 per month. Any portion remaining after such one year period shall be deemed to have been forfeited by Subscriber and become property of the Company.
13. LIMITATION OF LIABILITY. Notwithstanding anything contained herein, nonperformance of Company and the supplier of service to Company hereunder shall be excused if caused by equipment failure, acts of God, strikes, equipment or facilities shortages or other causes beyond Company control. In addition, the liability, if any, of Company and supplier of service to Company for any mistake, omission, interruption, delay, error, defect or other failure in its operation or service furnished, or in transmission of information over the facilities used in furnishing service shall in no event exceed the amount of company prorated monthly charge to Subscriber for service during the period so affected. In no event shall Company be liable to Subscriber andlor its customers, users or any other person for any amount arising out of or connected with this agreement (except as specifically set forth in the preceding sentence) or for any cost, delay, incidental, general, or consequential damages, including but not limited to lost profits, property damage, personal injury or death. Subscriber agrees to indemnity and hold Company, its officers, employees, agents and affiliates harmless from and against any and all act, action, claims or demands made or brought by Subscriber's customers, former customers, or any third party arising out of or in connection with the activities contemplated by this agreement, even if occasioned by the sole negligence of Company, and against all legal fees, costs and expenses incurred by Company in defending same, including legal fees and costs incurred to establish the application of this paragraph.
14. SEPARABILITY. If any of the provisions of this agreement be determined to be unenforceable by any court of competent jurisdiction, then and in the event such term or provision shall be deemed as excluded and the remainder of the service agreement shall remain in full force and effect.
15. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Company and Subscriber. No covenant or condition or any other part of this instrument may be waived except by written instrument signed and made a part hereof by Company. The failure of either party to enforce any such provisions, but the same be and remain in full force and effect. Notwithstanding, the foregoing, this Agreement shall be deemed to be amended to reflect any change in equipment, service, frequency or rates and fees which Subscriber requests or to which Subscriber consents.
16. NOTICES. Notices to Subscriber will be deemed given if deposited in the US Postal Service addressed to Subscriber last known address as shown on the reverse side hereof. Notice to Company shall be deemed given when received by Company at the address shown on the reverse side hereof.