ComServe | Terms and Conditions

SERVICE AGREEMENT TERMS AND CONDITIONS
ACCEPTANCE:

This instrument is an offer by the Customer to enter into a contract with ComServe Corporation (100 N. Constitution Drive Yorktown, VA 23692-2792, (800)-523-8983). It will only become a contract if accepted by ComServe Corporation in writing which may be transmitted by facsimile from it's office, and further upon the activation of the pager for the Customer. It is also agreed by Customer that neither the sales personnel as independent contractors nor any others have authority to alter the terms of this agreement; and it is agreed further that the terms and conditions herein are not to be altered or varied by any oral or written representations not set forth within this document. Customer applies to ComServe Corporation and accepts the terms and conditions as stated within this agreement. Customer understands and agrees that service rates may change from time to time under this agreement as might be determined by ComServe Corporation and does agree to comply to any such rate change. ComServe Corporation will provide continuous monthly service as defined on the sales invoice and in return, Customer agrees to pay the monthly service fees as outlined in a timely manner.

BILLS: All paging service fees are due in advance of the paging service period. The first bill received will include a pro-rated charge for the partial month of service in which service began.  This bill will also include a charge for the next full period of paging service. Bills are mailed on or about the first day of each month and are due by the 20th of each month.

CONTRACT PERIOD: Acceptance of these terms and conditions by ComServe Corporation constitutes a contract for purchase by Customer of a MINIMUM OF 1 YEAR OF SERVICE from ComServe Corporation starting on the date of the invoice, and Customer agrees to same. Unless either party provides the other party with a written notice of cancellation thirty (30) days in advance of the end of said one (1) year term the term of this agreement shall continue and renew itself under like terms for successive 1 year terms unless and until said thirty (30) day notice in advance is properly provided prior to the expiration of any successive renewal term in accordance herewith.  ComServe Corporation retains a security interest in all paging equipment and accessories purchased by Customer until the expiration of this agreement, or any successor thereof.

TO ADD OPTIONS OR CHANGE YOUR SERVICE COVERAGE: Requests for changes in service or options should be made in writing and mailed to the corporate office shown on the reverse side of this form. Please include your pager number with any correspondence to our office. Service cancellations will be effective at the END of the month that was paid in advance. Service additions will be made within three business days and your first month and last month of additional service must be paid for in advance. A charge for the prorated amount of the first month's service will be on your next statement. Customer's contract is binding for all authorized additions/deletions or products and/or services purchased subsequent to the date of this contract.

FEES: ComServe Corporation retains the right to adjust any one or all service fees and any other fees at its sole discretion. ComServe Corporation will provide at least 30 days advanced notice before any fees are adjusted.

LATE PAYMENTS AND DELINQUENT CHARGES: IF PAYMENT IS NOT RECEIVED BY THE 20TH OF THE MONTH AND YOU HAVE NOT AUTHORIZED CANCELLATION OF SERVICE, THE ENTIRE NEXT MONTH'S SERVICE FEE IS DUE AND PAYABLE AND CONSIDERED DELINQUENT. THERE IS ALSO A $3.00 LATE FEE AT THAT TIME. IF PAYMENT OF THE NEXT MONTH'S SERVICE AND THE LATE FEE IS NOT RECEIVED BY THE LAST DAY OF THE MONTH, YOUR SERVICE WILL BE TERMINATED. IF YOUR SERVICE HAS BEEN TERMINATED, A $10.00 RECONNECT FEE WILL BE CHARGED AND A NEW PAGER NUMBER MAY BE ASSIGNED TO YOUR PAGER. THERE WILL BE A $25.00 FEE CHARGED FOR CHECKS RETURNED FOR ANY REASON.
           
LOST, STOLEN, OR DAMAGED EQUIPMENT: CUSTOMER SHALL BEAR THE ENTIRE RISK OF LOSS, THEFT, DAMAGE, OR DESTRUCTION OF THE PAGING EQUIPMENT FROM ANY CAUSE WHATSOEVER, AND NO LOSS, THEFT, DAMAGE, OR DESTRUCTION OF THE EQUIPMENT SHALL RELIEVE CUSTOMER OF ANY OBLIGATIONS UNDER THIS AGREEMENT. CUSTOMER MUST CONTACT ComServe Corporation IF THE EQUIPMENT IS LOST, STOLEN, OR DAMAGED AS SOON AS SUCH INCIDENT MAY OCCUR. IF THE CONTRACT PERIOD HAS NOT EXPIRED, CUSTOMER AGREES TO REIMBURSE ComServe Corporation THE FULL REPLACEMENT VALUE OF THE LOST, STOLEN OR DAMAGED EQUIPMENT AND PAY ComServe Corporation FOR THE REMAINDER OF THE YEAR TERM OF SERVICE PLUS ANY CURRENT AND PAST DUE AMOUNTS OWED TO ComServe Corporation, IF ANY.

LIMITATIONS OF LIABILITY: THE EQUIPMENT IS SUBJECT TO THE MANUFACTURERS LIMITED WARRANTY. ComServe Corporation MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE SAID EQUIPMENT, AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COMPENSATORY, SPECIAL OR CONSEQUENTIAL, OR FOR ANY LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY OCCURRING FROM THE USE OR INABILITY TO USE THE EQUIPMENT OR FOR ANY COMMERCIAL LOSS THAT MIGHT OCCUR.

PAGER INSURANCE: Customer may purchase a pager insurance plan.  The terms and conditions of this plan will be provided upon purchase.

CANCELLATION: IF 30 DAYS ADVANCED WRITTEN NOTICE IS GIVEN PRIOR TO THE END OF THE INITIAL YEAR TERM OF THIS CONTRACT OR ANY RENEWAL THEREOF THE ComServe Corporation CUSTOMER MAY CANCEL THE PAGING SERVICE AFTER THE THEN CURRENT YEAR TERM CONTRACT PERIOD.  ComServe Corporation WILL CANCEL SERVICE ON CUSTOMER-OWNED EQUIPMENT ONLY AFTER RECEIPT OF SUCH WRITTEN NOTICE FROM CUSTOMER, EXCEPT AS MAY BE SET OUT OTHERWISE HEREIN.  ComServe Corporation RESERVES THE RIGHT TO CANCEL SERVICE AT ANY TIME DUE TO EXTENSIVE LATE PAYMENTS OR NON-PAYING ACCOUNTS. UPON CANCELLATION, THE REMAINING AMOUNT DUE BASED ON THE 1 YEAR TERM OF THIS AGREEMENT WILL BE IMMEDIATELY DUE AND PAYABLE TO ComServe Corporation

TERMINATION OF SERVICE: PAGER SERVICE SHALL NOT BE USED FOR ANY PURPOSE THAT VIOLATES THE LAW. PLEASE CHECK WITH YOUR LOCAL SCHOOL SYSTEM TO DETERMINE WHETHER PAGERS ARE PERMISSIBLE FOR USE BY STUDENTS; ComServe Corporation MAKES NO REPRESENTATIONS IN THIS REGARD. UNLAWFUL USE IS GROUNDS FOR TERMINATION OF YOUR SERVICE. ComServe Corporation CAN ALSO TERMINATE YOUR SERVICE IF IT IS DISCOVERED THAT ANY OF THE STATEMENTS ON YOUR CREDIT INFORMATION IS SUBSTANTIALLY INACCURATE SUCH HAS CAUSED ComServe Corporation TO RELY ON SAME TO ESTABLISH AND EXTEND CREDIT TO THE CUSTOMER.

WAIVER: THE WAIVER BY ComServe Corporation OF ANY BREACH IN THE TERMS OF THIS AGREEMENT OR DEFAULT OF SAME BY THE CUSTOMER WILL NOT SERVE OR ACT TO OPERATE AS A WAIVER OF ANY SUBSEQUENT BREACH OR WAIVER.

ASSIGNMENT: This agreement is personal to the Customer and can not be assigned or transferred to another without the prior written approval of ComServe Corporation

CHANGE OF NAME, ADDRESS, OR PHONE NUMBER: Customer must remain the end-user and the paying entity of ComServe Corporation's service. Customer agrees to notify ComServe Corporation of change of name, address, or phone number. Any change in Customer name, address, phone number, or authorized users of the services or equipment must be noted on a new service agreement.

DISCLAIMER/INDEMNITY: ComServe Corporation SHALL NOT BE LIABLE TO CUSTOMER AND CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS WITH RESPECT TO LOSSES OF ANY NATURE CAUSED DIRECTLY OR INDIRECTLY BY THE INADEQUACY OF ANY PAGER FOR ANY PURPOSE; ANY DEFECT OR DEFICIENCY IN THE PAGER; ANY LOSS OR INTERRUPTION OF SERVICE OR PERFORMANCE OF ANY PAGER OR THE PAGING SERVICE CARRIER TO PROVIDE SERVICE; OR ANY LOSS OF BUSINESS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT RESULTING FROM ANY OF THE AFOREMENTIONED.

TELEPHONE NUMBERS: Telephone numbers assigned to Customer's pager may be changed by ComServe Corporation at any time it believes it to be necessary in the course of business. Customer has no proprietary rights to such number.

ENTIRE AGREEMENT WAIVER: THIS INSTRUMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ComServe Corporation AND CUSTOMER. NO COVENANT OR CONDITION OF ANY OTHER PART OF THIS INSTRUMENT MAY BE WAIVED EXCEPT BY WRITTEN INSTRUMENT SIGNED AND MADE A PART HEREOF BY ComServe Corporation. THE FAILURE OF EITHER PARTY TO ENFORCE ANY OF THE PROVISIONS OF THIS CONTRACT OR THE WAIVER THEREOF IN ANY INSTANCE SHALL NOT BE CONSTRUED AS A GENERAL WAIVER OR RELINQUISHMENT ON ITS PART OF ANY SUCH PROVISIONS, BUT THE SAME SHALL BE AND REMAIN IN FULL FORCE AND EFFECT.

VIRGINIA LAW APPLIED: In interpreting this agreement, the law of the Commonwealth of Virginia shall apply and the Customer agrees to same.

VENUE: The Customer agrees that the location or venue of any litigation that may ensue is agreed to be only in Virginia Beach, Virginia and in no other jurisdiction.

COSTS OF ENFORCEMENT: If it becomes necessary to resort to legal assistance to enforce this agreement, Customer agrees to pay any and all enforcement or collection costs, including but not necessarily limited to court costs and reasonable attorney fees.

SEVERABILITY: If any of the provisions of this contract are determined to be unenforceable by any court of competent jurisdiction, then and in that event such term or provision shall be deemed as excluded and the remainder of the Service Agreement shall remain in full force and effect.

CREATION OF THIS CONTRACT: It is understood and agreed that until and unless ComServe Corporation accepts this contract as signified by its execution below, this is only an offer by the Customer to enter into this contract.
By clicking on the accept button you are agreeing to a one year service agreement for paging service through ComServe Corporation. If you do not want to authorize this please click on the cancel button.
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