Terms Of Serivce
Revised October 2020
1. GENERAL TERMS
In consideration of services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for services to be rendered.
1.2 Customer agrees to be bound by the service term selected or via applicable promotional codes that may require Customer to order valet service for a certain minimum period of time.
1.3 Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
1.4 Non-Payment of services shall result in disconnection. All payment must be made by the invoice due date or account will be suspended. Account termination will result from invoices overdue for 60 or more days.
1.5. TelXP is not and shall not be responsible for the data integrity for any accounts that are terminated, disconnected, or interrupted because of a customer’s failure to pay for TelXP services.
1.6. Customers agree to pay all taxes and fees applicable to your account.
1.7. Customer agrees that TelXP is not and shall not be responsible for any changes made to your phone line, including but not limited to long-distance charges.
2. AGREEMENT FOR SERVICES
TelXP will provide, and Customer will purchase and pay for, any services (the “Services”), according to the service fees specified in the published “Schedule of Fees” on the TelXP website. Customer acknowledges that the service and service fees have been communicated to the Customer and that Customer is aware of all applicable charges.
3.1. Establishment and provision of service are contingent upon receipt of payment from Customer to TelXP.
3.2. Customer must pay in full for the Services before TelXP begins to provide the Services to Customer. Invoices are generated on the monthly anniversary of their service and customer agrees that if paying by credit or debit card or by electronic check, recurring billing will be billed and charged automatically on or about 5 days before the anniversary date and that TelXP may apply the amount due at any time to the credit card listed on file.
3.3. Setup fees may be charged and are due with the Customers’ first invoice.
3.4. Payment is due on the Customer’s service anniversary. All returned checks will be charged a $25.00 service fee. Service will be interrupted on accounts that are past due. Accounts that are not collectible by TelXP will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to TelXP a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
3.5 Charges will appear on cardholder statement as TelXP.
4. DELINQUENT ACCOUNTS
TelXP may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees and any collection fees to which TelXP may be entitled under this agreement or under applicable law. Equipment will need to be repoed, if we cannot contact you or if you refuse the repo, there will be a $299.95 charge unless you own your equipment.
5. ACCOUNT CANCELLATION/EARLY TERMINATION OF CONTRACT
Customers may voluntarily cancel their account at any time, for any reason by contacting customer service at (888) 332-1616, (620)332-1616, billing@TelXP.net, in writing, or in person at our business office.
Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees and any collection fees to which TelXP may be entitled under this agreement or under applicable law.
Equipment will need to be repossessed, if we cannot contact you or if you refuse the repossession, there will be a $299.95 charge unless you own your equipment. We reserve the right to charge this fee to the payment method on your TelXP account.
Once a Customer has canceled their account before the renewal date, no more charges will be billed to the account. Cancellations after renewal will be charged renewal fees. Verification will be necessary once requested to be done.
Contract Early Termination Policy (ETF)
You may cancel your service for any reason within 14 days of purchase (except as otherwise required by law) without paying an Early Termination Fee (ETF). If you cancel service after 14 days and are subject to a term commitment, you must pay an Early Termination Fee.
You’ll be charged an Early Termination Fee (ETF) if you disconnect your service more than 14 days after purchase and within your 12-month commitment. The maximum ETF is $720-$1019 (based on your service plan). We reserve the right to charge an ETF to the payment method on your account.
6. REFUNDS and DISPUTESIMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO TelXP ARE NON-REFUNDABLE.
All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge-backs, which, in TelXP’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption and reconnection fees to restore the desired service.
6.1 Service Termination: Requests for a refund because of service termination must be received before the billing renewal due date for your account. No partial month refunds will be issued.
6.2 Billing Errors: Requests for a refund because of a billing error by us are refunded 100% and the refund amount is normally credited to your account. If a check payment is requested, please allow up to 30 days to receive the refund check.
6.3 Non-Refundable Items: The following items are NON REFUNDABLE:
• Internet installation fees
• Setup fees
• Fees for domain name registrations
• Fees charged for exceeding your allotted disk storage space or bandwidth
• SSL certificate fees
• Any add-on services, features, software, and
• any other fees for services involving a third party.
6.4 Customer Actions Voiding Refund Policy: If you violate any provision of any of the following policies of TelXP, you will not be eligible for a refund:• Terms of Service (TOS);• Acceptable Use Policy (AUP); or• No-Spam Policy (NSP)• Abuse of TelXP Personnel
6.5 Contact info: TelXP Communications – Corporate Office 6670 S Lewis Ave Tulsa, OK 74136 – 888.332.1616 – support@TelXP.net
7. ADHERENCE TO LOCAL LAWS
Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. RIGHT TO REFUSE SERVICE
TelXP reserves the right to refuse or discontinue service to any Customer it deems, in its sole discretion, violates any condition of service.
9.1. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of TelXP.THEREFORE, TelXP DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
9.2. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
9.3. TelXP does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that TelXP backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of TelXP or any of its employees or agents, and regardless of whether TelXP had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
9.4. In the event that you need to recover data from a backup, TelXP will use reasonable efforts to restore data to your account from the appropriate backup. However, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, TelXP DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
9.5. You understand and agree that TelXP backup policy does not create any warranties for whose breach TelXP can be held liable.
Customer agrees to defend, indemnify, and hold harmless TelXP, and the parents, subsidiaries, successors, assigns, employees and agents of TelXPagainst any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. DAMAGES TelXP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OFTelXP’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. MERCHANTABILITY and FITNESS WARRANTIES TelXP PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TelXP DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND TelXP SHALL HAVE NO LIABILITY THEREFOR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TelXP DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS,
EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
TelXP DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
13. NO WAIVER OF RIGHTS BY TelXP
Any failure by TelXP to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of TelXP’s rights.
14. ARBITRATION ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
15.1 From TelXP to Customer. TelXP will notify you by email of any notices that TelXP is required to provide to you under this Agreement, at the most current email address you have provided to TelXP. By entering this Agreement, you consent to receive notices by email. You are solely responsible for ensuring that TelXP has your most current email address, and TelXP shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable email that TelXP sends to the most current email address you have provided to TelXP.
15.2 From Customer to TelXP. Unless otherwise specified in this Agreement, notices to TelXP shall be sent to the following address: TelXPAttention: Legal Notices6670 S. Lewis Ave STE #204Tulsa, OK 74136
16. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
18. ENTIRE AGREEMENT
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and TelXP, and supersedes any prior or previous agreements between you and TelXP with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which TelXP notifies you from time to time, pursuant to this Agreement.
19. NO ORAL MODIFICATION OF AGREEMENT
This Agreement may not be modified except in writing.
20.1 Customer shall not assign or attempt to assign its obligations under this Agreement without TelXP’s prior and express written consent to such assignment.
20.2 TelXP may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
21. CONSENT TO JURISDICTION; VENUE
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this agreement, or the breach thereof shall be proper only in a venue determined by TelXP.
22. CHOICE OF law for all purposes
this Agreement shall be deemed to have been made within the State of Oklahoma, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Oklahoma, without regard to Oklahoma’s choice of law and conflicts of law rules, and TelXP and Customer each submit to the exclusive jurisdiction of the courts of Tulsa County, Oklahoma, or to the United StatesDistrict Court for the Northern District of Oklahoma, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
23. FORCE MAJEURE
TelXP shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire,explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of TelXP.
24. SEVERABILITY OF TERMS OF THIS AGREEMENT
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
25. LIMITATION OF ACTIONS ARISING UNDER THIS AGREEMENT
Any cause of action you may have with respect to TelXP performance or alleged non-performance of this Agreement must be commenced within one(1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
26. ABUSE OF TelXP PERSONNEL
26.1 At TelXP, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from our customers.
26.2 If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice to find a new service provider.
26.3 Abusive conduct includes, but is not limited to, the following behaviors:• Repeatedly addressing members of our staff in a demeaning or rude manner;• Using profanity in any oral or written communications with our staff,by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail,telephone, voice over Internet Protocol (VoIP), or in-person communication;• Yelling or shouting at our staff;• Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or• Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.