My use of Airnex Communications (“AIRNEX”) services shall constitute my confirmation of and agreement to the following Terms and Conditions:
1) AIRNEX will provide long distance services on my telephone lines and act as my agent in all matters related to providing long distance services. 2) I will follow necessary procedures including taking all the necessary steps instructed by AIRNEX to change my long distance service to AIRNEX’s services. 3) I may change my local long distance (Intra-LATA) services, along with the inter-state and international long distance services, to AIRNEX, unless I explicitly instruct to AIRNEX otherwise. 4) AIRNEX shall not be responsible for any damages for unauthorized use of my password issued to me by AIRNEX for the use of AIRNEX services, including the ones issued through AIRNEX’s Website. 5) I shall make the payment in full for the amount charged by Airnex to me, including the usage of services, government mandated taxes and surcharges, regulatory compliance surcharge, long distance access fees, which may be added to my usage. I understand that calling rates are determined by AIRNEX. Calling rates may be changed without notice. 6) If I fail to make a payment by the due date, a finance charge of 1.5% per month will be levied. If AIRNEX’s collection attempt is not successful, my credit card shall be charged, without further notice to me, the full amount plus a fee of 5% of the total amount due. 7) When my account is past due, AIRNEX, at its sole discretion, may deactivate its services provided to me, which may result in billing through my local carrier by another long distance company at increased rates. 8) If the check used for payment is dishonored, I will be charged a $20 handling fee per occurrence. 9) If I arrange to pay by electronic funds transfer (EFT) payment through my bank account and the payment is refused by my bank, I will be charged a fee of $20 per occurrence. 10) If I arrange to pay by credit card and my credit card is declined, I will be charged a fee of $10 per occurrence. 11) If I want to pay for all usage of AIRNEX services by credit card, I shall submit the Credit Card Payment and Authorization or online form to AIRNEX. 12) If I arrange to pay by credit card, my credit card will be charged each month, within approximately 10 days from the billing cut-off date. If there are any changes in the amount due or credits issued after the billing cut-off date, these amounts will be reflected on the next AIRNEX bill. 13) If I want to cancel payment by credit card, I will contact AIRNEX. AIRNEX will change my payment method within 5 to 10 business days from the date of the receipt of the request. If the request is processed before the current billing cut-off date, the bill will be paid by the new payment method. Otherwise it will be paid by the credit card until the change has taken effect. 14) I will notify AIRNEX of the new expiration date of my credit card before it expires. If the new expiration date is not reported to AIRNEX prior to the expiration, I understand that I will receive past due bill until I submit a new Credit Card Payment and Authorization Agreement or online form with a new expiration date, or new credit card information. All past due fees and penalty shall apply. AIRNEX may run pre-authorization on the credit card, and if the pre-authorization is completed by the billing cut-off date, the usage during the billing cycle will be charged on the credit card. 15) I will notify AIRNEX with a new credit card number as soon as the credit card is canceled, lost, stolen, or renewed. If I want to use a new credit card, I will submit the Credit Card Payment and Authorization Agreement or online form to AIRNEX again. AIRNEX may run pre-authorization on the credit card and if the pre-authorization is completed by the billing cut-off date, the usage during the billing cycle will be charged on the credit card. If the charge is declined because of my failure to provide Airnex with new credit card information, AIRNEX may contact me by telephone to verify the necessary information. However, if AIRNEX cannot reach me by telephone, I understand that my existing credit card will continue to be charged, which may result in a poor credit rating; until I submit a new Credit Card Payment and Authorization Agreement. 16) If the collection fails due to cancellation of the credit card or dispute of the charge, and if the subsequent collection attempt is not successful or if the deposit is applied towards payment and a balance remains unpaid despite AIRNEX’s subsequent collection attempt, a collection procedure of collection agency including legal action and reporting of derogatory credit record with the international credit bureau shall commence. 17) I will not hold AIRNEX, its underlying carriers and agents liable for damages that may result from the interruption of AIRNEX services. Any interruption of services shall not constitute reason not to pay for AIRNEX services. I will communicate to AIRNEX cancellation of services without delay. 18) When switching from another long distance telephone company to AIRNEX, I will first confirm with AIRNEX that services have begun and then contact my former long distance telephone company to terminate their services. I agree that any transfer charges assessed by my former long distance company will be my responsibility. 19) I understand that calls placed using operator services are not made through AIRNEX. 20) I agree to Airnex’ calculation of my invoice, if I fail to notify Airnex of some error in my invoice within 30 days from billing date. 21) I understand that there may be a limit set on the amount of long distance telephone charges by the regional telephone company and that my long distance services may be suspended if said limit is exceeded. 22) In order to avoid any fraudulent activities on my AIRNEX Mobile Access (Onzago) service, the usage may be limited to $100 per month as a default. If I exceed my usage limit, my service may be automatically suspended. If I want to change the usage limit, I will contact AIRNEX. AIRNEX has the right to change this limit at any time. 23) In order to avoid fraudulent activities on my AIRNEX calling card service, the usage on the calling card may be limited to $100 per month. If I exceed my usage limit, my card will be automatically disabled. If I want to change the usage limit, I will contact AIRNEX. AIRNEX has the right to change this limit at any time. 24) For the same reason as above, AIRNEX calling card originating countries are limited to certain countries. 25) In case AIRNEX calling card usage reaches the limit and I have a past due balance, I understand that I cannot use the service until I pay off the balance. 26) I agree to a 65 cent surcharge for each call made with my Airnex calling card from a public telephone (This fee is subject to change according to state and federal government’s regulations). 27) AIRNEX calling card issued to me is my responsibility, and I am fully responsible for payment. Each calling card holder shall be responsible for the use of each PIN number. 28) I agree to notify AIRNEX as soon as I find that the calling card has been lost or stolen. I shall be responsible for any usage incurred using the calling card up to the point the service gets suspended by AIRNEX. 29) Since AIRNEX calling card is not a prepaid card, I agree to make full payment for all the usage incurred based on the billing statement. 30) When I want to change my address, phone number(s) and any other account information, I will contact AIRNEX by telephone, fax, e-mail or postal mail. If I fail to do so within one week of the change date, I shall be responsible for any penalties and processing fees applied by AIRNEX. 31) I authorize AIRNEX to obtain credit bureau reports in connection with my request for an account. AIRNEX may obtain credit bureau reports in connection with extensions of credit or the review or collection of my account. 32) AIRNEX may suspend or limit service in any of the following situations: (a) unavoidable maintenance or construction problem with AIRNEX’s or partner’s communication equipment, (b) any other technical problem with AIRNEX’s or partner’s communication equipment or network, (c) for routine maintenance of AIRNEX’s site or any other equipment, (d) termination or suspension of service by any of AIRNEX’s service providers, partners or vendors, or (e) any other unavoidable reason. 33) In case of a natural disaster or other emergency situation, or a fear of such situation, I acknowledge that the services provided by AIRNEX may be stopped or limited in order to give priority to disaster prevention, rescue, transit, communication, as well as reserving the electrical supply or communications necessary for maintaining order and other emergency communications for the public interest. 34) In no event shall AIRNEX be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including duty of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) to me or any member arising out of or in any way related to services provided by AIRNEX under this terms and conditions. 35) If you choose to close your Airnex account and your account has a negative balance, you will be forfeiting the balance. Airnex can not send a refund check or post credits to your credit card or EFT. 36) Airnex will not send an invoice if your account has a balance between zero to $2. Late fee waived for customers who are not receiving their invoice. 37) Airnex reserves the right to refuse service to anyone at anytime. 38) If any legal action or other legal proceedings is brought for the enforcement of this terms and conditions, or if a dispute arises under this terms and conditions, the successful or prevailing party shall be entitled to recover reasonable attorneys fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 39) I agree to the AIRNEX Services Terms and Conditions. This agreement will continue to apply until canceled in writing. This agreement shall be binding upon any successor, assignee, or party that will assume the rights and responsibilities of me or AIRNEX until canceled in writing.