The following terms of service ("TOS") will apply to the agreement to provide service
between Davis Voice & Data, LLC ("Company"), and the individual or business entity
identified on the order form for said services ("Customer"). These terms, along with the
attached Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the
"Agreement" between the two above mentioned parties.
Customer acknowledges that they have been made adequately
aware of the initial rates and fees associated with services being rendered by the
Company and have received a complete description of services to be rendered.
Customer also acknowledges that the Company reserves the right to change the
specified rates and charges from time to time. Any promotional offers made by
the Company are contingent upon the Company maintaining its cost of service
goals, including but not limited to rates charged by its suppliers. Where possible,
the Company will provide the Customer with a minimum of 15 days notice of any
Customer acknowledges that the Company is under no
obligation to provide services under the terms of this Agreement until all stated
charges have been paid-in-full, and Company has been able to adequately verify
the validity of said payment. Recurring payments will become due and payable on
the first day of the month following the completion of the first invoice term, and
will continue as such for all subsequent invoices.
Any account that becomes past due may will be subject to a 10% late payment fee, and may be suspended or
disabled for non-payment at any time at the sole discretion of the Company.
Accounts suspended or disabled for non-payment may be subject to a restoration
charge due and payable prior to service being restored. Any accounts that are not
collectible by the Company will be turned over to an outside collection agency. If
your account is turned over for collection, you agree to pay the Company a
"Collection Fee" of not less than $150, in addition to any fees that may be
imposed by the outside collection agency or its legal representation. All services
that the Company offers are considered to be provided on a strictly prepaid basis.
All services rendered by the Company are provided on a nonrefundable basis. This includes, but it not limited to, setup fees, monthly fees,
upgrade fees, professional services fees, and bandwidth overage fees, regardless
of usage. In addition, if your account is canceled by the company for violation of
this Agreement or the attached Acceptable Use Policy, all payments made to the
Company become completely nonrefundable. Customer agrees not to charge back
any credit card payments for services rendered. In the event that a customer files a
charge back or other payment dispute, they will be considered to be in violation of
this agreement and may be subject to collection action as described in section 2
Requests to cancel services may be made by notifying our
Billing Department from within our billing and customer management system. All
requests for service cancellation must be made a minimum of 5 days prior to
the renewal date of the service being cancelled. Failure to provide notice at
least 5 days prior to the renewal date will result in a full billable monthly cycle
prior to cancellation. Where all services are considered to be provided on a strictly
prepaid basis, no prorated or partial refunds will be made. All outstanding
invoices must be paid in full prior to requesting cancellation, and all unpaid
charges must be satisfied prior to the return of any customer-owned equipment.
Customer acknowledges that the Company will make it's best
effort to ensure that all invoices are correctly issued. However, should Customer
note any possible errors, Customer agrees to notify our Billing department within
15 days of the issuance of the errant invoice. After 15 days, all invoices will be
assumed to be correct, and no further billing adjustments will be made
Where available, the Customer authorizes the Company
to automatically debit any credit/debit card(s) placed on file with the Company
during the ordering process or via subsequent account updates on the due date of
each invoice. Invoices will be emailed to the Customer prior to any credit card
charges being placed at the beginning of each billing period. Should the
Customer's credit card be declined for any reason, Company will contact
customer to notify them of the declined charge, and will continue to resubmit the
credit card on file for payment until the balance is paid in full. If the Company is
not able to charge the Customer's credit card as noted above for the full amount
due, Customer authorizes the Company to split the total amount due across
multiple debit transactions to the credit card(s) on file equaling the total amount
Under no circumstances shall the Company be held liable for
damages resulting from any interruption of service for an amount greater than the
amount of the charges payable by the Customer for services during the period
damages occurred. Customer also acknowledges that in no case will the Company
be liable for damages as a result of its own negligence in excess of the charges
payable by the Customer for services during the period damages occurred.
Customer acknowledges that they make use of Companies' services and facilities
at their own risk.
Customer acknowledges that the Company is providing
a service. All physical equipment is on a lease and will be returned at the end of
your service with us in good working order.
Company will not sell, lease, borrow, give, or otherwise dispose
of any type of customer provided information to any third party unless compelled
to do so by law or in cooperation with any law enforcement investigation.
Company reserves the right to collect and utilize any customer information,
including, but not limited to email addresses and web site cookies, for internal
tracking and/or marketing purposes.
Should Customer violate any of these terms, the Company
will attempt to contact the customer by email or telephone before taking any
action where avoidable. However, the Company will pursue whatever action is
necessary to serve its best interest in these cases, even if that should necessitate
the suspension or termination of Customer's services without any type of