
By clicking on the "Submit Order" button you represent that the information that you have submitted is correct and true and that you are authorized to order service for the individual cellular phone line submitted.
Customer agrees that the initial charge against the credit card which they submit shall be the specified monthly charge plus a pro-rated amount based on the service days remaining in the current month plus any activation fee that may be due, and that beginning the next month and for every month after that their credit card shall be automatically billed the specified monthly charge until such time as the customer cancels service through customer service which is available on the AccessPlus website. There are no refunds for unused service.
Rates and charges for services provided are subject to change without notice.
AccessPlus reserves the right to periodically review accounts and terminate subscriptions at its sole discretion, particularly if service is found to be used for commercial purposes or any other unreasonable usage.
Customer shall pay all taxes, fees, surcharges, tariff, and governmental charges imposed on the services provided hereunder in addition to any other amounts owing. Where services to be performed by Company are pursuant to tariffs required to be filed with the Federal Communications Commission or the proper regulatory agency of one of the several states, the terms and conditions of the respective tariff are incorporated herein as though fully set forth and supersede any contrary provision contained herein.
THESE TARIFFS CONTAIN PROVISIONS THAT LIMIT THE COMPANY'S LIABILITY. COPIES OF THESE TARIFFS ARE AVAILABLE FOR CUSTOMER'S INSPECTION AT COMPANY'S OFFICE DURING REGULAR BUSINESS HOURS.
WHERE SERVICES HEREUNDER ARE NOT PROVIDED UNDER TARIFF, THE FOLLOWING LIMITATIONS OF LIABILITY APPLY:
1- The Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this tariff, if caused by the Underlying Carrier, an act of God, fire, war, civil disturbance, act of government, or due to any other causes beyond the Company's control.
2 -The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer against any claim, loss, expense, or damage for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person property or entity arising out of the material, data or information transmitted.
3 -No agent or employee of any other carrier or entity shall be deemed to be an agent or employee of the Company.
4 -The Company shall not be liable for misdialed calls or damages, resulting in whole or in part from or arising in connection with the furnishing of service including but not limited to mistakes, omissions, interruptions, delays, errors, or other defects or misrepresentations. No other liability in any event shall attach to the Company.
5 -The Company shall not be liable for and shall be fully indemnified and held harmless by the Customer or by any other entity from any and all loss, claims, demands, suits, or other action or any liability whatsoever, whether suffered, made, instituted, or asserted by any Customer or any other entity for any personal injury to, or death of, destruction of the premises of any Customer or any other entity or any other property whether owned or controlled by the Customer of others.
6 - The Company shall not be liable for any indirect, special, incidental, or consequential damages including, but not limited to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilities associated with the service, or for any mistakes, omissions, delays, errors, or defects in transmission occurring during the course of furnishing service.
7 -The remedies set forth herein are exclusive and in lieu of all other warranties and remedies, whether express, implied, or statutory, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.