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Terms & Conditions

 

PURCHASE OF SERVICES/TERM/ TARIFF REGULATIONS

 

1.     Subject to Customer meeting CCI’s credit criteria, this Agreement is binding on the parties on the date signed by CCI below. Customer’s commitment to purchase CCI telecommunication services (the “Services”) for monthly billing cycles starting with the billing cycle in which pricing is first implemented (the “Initial Term”).

 

2.     CCI agrees to provide the Services in accordance with the applicable rates and terms and conditions set out in its existing federal and state tariffs as the same may be revised from time to time by CCI (the “Tariff”).  Customer shall not resell the Services unless it has proper federal and state regulatory authorization as a telecommunications service provider.

 

PAYMENT TERMS/PRICING/MINIMUM USAGE

 

        3.     Each Invoice shall be paid by Customer in immediately available U.S. funds so that the payment is due net 14 calendar days upon receipt of the Invoice (the “Due Date”) Any invoice not paid by the Due Date shall bear late payment fees at the rate of 1-1/2% per month (or such lower amount as maybe required by law) until paid.

 

4.     Taxes, pass through charges for governmental/regulatory assessments (such as Universal Service Fund and payphone surcharges), installation and monthly recurring (including per line) charges, directory/operator assistance, calling card, international, domestic off-shore will be directly passed through to the customer. 

 

5.     If customer is TAX EXEMPT customer will be required to submit to CCI the USF, Gross Receipts, and Multi- Jurisdictional tax forms to exclude customer from being taxed.  Tax status is dependent upon customer, not CCI Network Services.

 

6.     Commencing with its third invoice hereunder, Customer is liable for a gross monthly minimum charges if applicable.  

 

 

TERMINATION OF AGREEMENT/SERVICES

 

7.     A.  If Customer is dissatisfied with CCI network quality, sales, or service support (but not rates or pricing), Customer may by written notice sent to CCI Conferencing, P.O. Box # 712234, Salt Lake City, UT 84171-2234, cancel this Agreement without liability for the termination fee set forth in subparagraph B. below if: (i) the problem is not caused by Customer or its vendors and is attributable to facilities or causes within CCI's reasonable control; (ii) CCI is unable to resolve a covered problem to Customer's reasonable satisfaction within 15 days after receipt of Customer's written notice; and (iii) Customer's account with CCI is current (no outstanding balance older than 30 days) at the time of cancellation.

 

8.     B. If the Services are canceled prior to expiration of the Initial Term or the then current term either: (i) by CCI for Customer’s breach, or (ii) by Customer except in accordance with subparagraph A. above, Customer is liable for a  termination fee equal to the Minimum Charge times the number of months remaining on the unexpired term, plus any cancellation charges under paragraph 7, and any applicable governmental assessments.  Customer agrees that the termination fee is based on an agreed minimum usage commitment by Customer and is not a penalty.

 

MISCELLANEOUS

 

9.     Customer may not assign this Agreement or any of its rights or obligations herein without CCI's prior written consent, which consent shall not be unreasonably withheld.

 

10.  Customer shall treat the contents of this Agreement as a confidential matter between the parties and not disclose the same to third parties. This Agreement and CCI service orders signed by Customer represent the entire understanding between CCI and Customer with respect to the Services and supersede any prior written or oral offers or proposals    provided by CCI or its representatives not specifically incorporated herein by reference.  If there is a conflict between the terms of this Agreement or any other documents incorporated herein and any applicable Tariff, the terms of the Tariff govern.  CCI shall not be bound by any handwritten or typed changes to this Agreement not specifically approved by it  in writing.  Except with respect to Tariff changes, any amendments to this Agreement must be signed by a CCI VP and an authorized Customer representative.

 

11.  Except to the extent pre-empted by federal law, any claim arising under this Agreement is governed by the laws of Utah without regard to its choice of law principles.

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