airnex

AIRNEX COMMUNICATIONS INC.
COMMUNICATIONS SERVICES - TERMS & CONDITIONS
Effective Feb. 10, 2015:Supersedes all previous Terms & Conditions

IMPORTANT!  PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("TERMS") BEFORE PURCHASING ANY PRODUCTS OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms apply to your use and consumption of the products and services (the "Products") provided by AIRNEX COMMUNICATIONS, Inc., a California Corporation (also referred to as "AirNex Communications", the "Company"). You, the customer (also referred to as "I", "me", "my" and the "Customer") agree to these Terms by confirming through your purchase of the Products. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT PURCHASE OR CONTINUE WITH YOUR PURCHASE OF THE PRODUCTS

My use of Airnex Communications Inc., services shall constitute my confirmation of an agreement to the following Terms and Conditions (also referred to as the "Terms" or the "Agreement") and will begin with usage on Airnex Communications Inc., Network.


1) Airnex Communications Inc. will provide long distance, local Long Distance (Local Toll Call) or International calling 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 Communications Inc., to change my long distance service to Airnex Communications Inc., services.
3) I will change my local long distance (Intra-Lata) services, along with the inter- state and international long distance services, to Airnex Communications Inc., unless I explicitly instruct the Airnex Communications Inc., otherwise.
4) Airnex Communications Inc., shall not be responsible for any damages for unauthorized use of my services or password issued to me by Airnex Communications Inc., for the use of Airnex Communications Inc., services, including the ones issued through Airnex Communications Inc., Websites.
5) I shall make the payment in full for the amount charged by Airnex Communications Inc., to me, for the Products plus all government mandated taxes and surcharges, and Company mandatory surcharges (which will show as an added charges to my long distance usage) such as and not limited to regulatory compliance surcharge up to 20% of actual Airnex CommunicationsInc., usage., long distance access fee up to 20% of actual Airnex Communications Inc., usage, and International Carrier charge up to 10% of actual Airnex Communications Inc., usage. I understand not all fees and surcharges are mandated by governing bodies.
6) Customer current rate plans and account details may be accessed at any time by your use of your login information to review your online accounts. Airnex Communications Inc., may change the per-minute rates, Surcharges, Billing Cycles and Due Dates, and other Terms of the Agreement from time to time. Airnex Communications Inc., may decrease per-minute rates, Surcharges or both, without providing advance notice. Any increase in the per-minute rates, Surcharges or other Terms of this Agreement that may materially disadvantage you, will become effective only after Airnex Communications Inc., notifies you at least 10 calendar days in advance of such change by a message within your invoices, telephone or email. Written notice to you will be sent to your last known address as reflected in Airnex Communications Inc.'s records and is deemed to be accepted after deposit in the U.S. mail, postage prepaid, and properly addressed according to the address in Airnex Communications Inc.'s records, or on the transmittal of an email to you. Notwithstanding the foregoing, in the event that Airnex Communications Inc.'s cost of terminating calls to a particular destination increases with less than 10 calendar days' notice received by Airnex Communications Inc., Airnex Communications Inc. will still provide you with written notice but may increase its rates even before expiration of the intended notice period. Under these circumstances, Airnex Communications Inc., will also promptly post the rate increase on its website at www.airnex.com. Airnex Communications Inc. will not provide advance notice of changes to taxes and other charges required by law. Your continued use of the Services after any change in the per-minute rates, Surcharges or other Terms of this Agreement constitutes your acceptance of the changes.
7) If I fail to make a payment by the due date, a late fee of $20.00 per month will be applicable on my unpaid balance. If Airnex Communications Inc.'s, collection attempt is not successful, my credit card or bank account which I previously used to pay shall be charged, without further notice to me to cover the past due or any unpaid balance, the full amount plus a fee of 5% of the total amount due might be charged. Also Airnex Communications Inc., may use my payment information to enroll in to auto payment option from the company to eliminate future collection attempts in sole decision.
8) When my account is past due, Airnex Communications Inc., at its sole discretion, may deactivate its services provided to me, which may result in billing through my local carrier or by another long distance company at higher rates.
9) If the check used for payment is dishonored, I will be charged a $20 handling fee per occurrence.
10) If I arrange to pay by electronic funds transfer (EFT) payment through my bank account and the payment is refused or rejected by my bank, I will be charged a fee of $20 per occurrence.
11) If I arrange to pay by credit card and my credit card is declined, I will be charged a fee of $10 per occurrence.
12) If I want to pay for all usage of Airnex Communications Inc., services by credit card, I shall submit the Credit Card Payment and Authorization or online form to Airnex Communications Inc., or by calling the customer support line.
13) If I arrange to pay by credit card, my credit card will be charged each month, within approximately 7 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 Communications Inc., Invoice.
14) If I want to cancel payment by credit card, I will contact Airnex Communications Inc., and Company will change my payment method within 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.
15) I will notify Airnex Communications Inc., of any new expiration date of my credit card before it expires. If the new expiration date is not reported to Airnex Communications Inc., 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 penalties shall apply and be added to my balance. Airnex Communications Inc., 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.
16) I will notify Airnex Communications Inc., with a new credit card number immediately in the event 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 Communications Inc., or call the support line again. If the charge is declined because of my failure to provide Airnex Communications Inc., with new credit card information, Airnex Communications Inc., may contact me by telephone to verify the necessary information. However, if Airnex Communications Inc., 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.
17) 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 Communications Inc.'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.
18) I will not hold Airnex Communications Inc., and its underlying carriers and agents liable for damages that may result from the interruption of Airnex Communications Inc., services. Any interruption of services shall not constitute reason not to pay for Airnex Communications Inc. services. I will communicate to Airnex Communications Inc., for cancellation of services without delay. Airnex Communications Inc., may stop providing services in sole decision at any time and for any reason or no reason at all.
19) When switching from another long distance telephone company to Airnex Communications Inc., I will first confirm with Airnex Communications Inc., 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 sole responsibility.
20) I understand that calls placed using operator services are not made through Airnex Communications Inc.
21) I agree to Airnex Communications Inc.'s the balance due listed on any invoice is true and correct, if I fail to notify Airnex Communications Inc., of any perceived error or inaccuracy within 30 days from billing date.
22) I understand that there may be a limit set on the maximum amount of long distance telephone charges and/or usage by the regional telephone company or Airnex Communications Inc. that I may incur in any one month or billing period,, and that my long distance services may be suspended if said limit is exceeded., and said companies my ask for payment in advance or enrollment in auto payment programs before starting or continuing providing services.
23) In order to avoid any fraudulent activities on my Airnex Communications Inc., Mobile Access services, the maximum amount of long distance telephone charges may be limited to $50 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 Communications Inc. Airnex Communications Inc., has the right to change this limit at any time.
24) In order to avoid fraudulent activities on my Airnex Communications Inc., calling card service, the maximum amount of charges on my calling card may be limited to $50 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 Communications Inc., Airnex Communications Inc., has the right to change this limit at any time.
25) For the same reason as above, Airnex Communications Inc., use of the Airnex Communications, Inc. calling card may not be permitted to or from certain countries. (For more information please contact with support).
26) In case your Airnex Communications Inc. calling card usage reaches the limit described in Section 22 above and I have a past due balance, I understand that I cannot use the service until I pay off the balance and/or I enroll in an auto-pay program (if requested by Airnex Communications, Inc.).
27) I agree to a $0.65 surcharge for each call made with my Airnex Communications Inc., calling card from a public telephone (This fee is subject to change according to state and federal government regulations).
28) I agree to a $1.29 monthly invoicing fee in the event I choose to receive a hard copy invoice for each billing period instead of receiving my monthly bill electronically. The $1.29 surcharge will only be applied by Airnex Communications, Inc. if the total balance due on the billing invoice issued by Airnex Communications, Inc. for any given month is less than a sum of $10.00. And if the total billing is more than $10.00 the fee will be reduced to $0.79. I have the option to change to electronic billing at any time, which ceases any further addition of the monthly invoicing fee to my account until such time as I re-enroll in having hard copy paper monthly invoices delivered to me instead of an electronic bill.
29) The Airnex Communications Inc. 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.
30) In the event you do not promptly pay the balance owed by you as listed on any invoice, Airnex Communications Inc. reserves the right, in its sole discretion, to at any time stop all services and report the client account to credit and collection agencies.
31) If my primary mailing address, phone number(s) or any other account information changes, I agree to immediately contact Airnex Communications Inc., by telephone, fax, e-mail or postal mail and provide the new contact information. I understand that failure to promptly update Airnex Communications, Inc. with up-to-date contact information may result in me not receiving an invoice and, to the extent this results in a late or non-payment, leave me liable for late fees and other charges.
32) I authorize Airnex Communications Inc., to obtain credit bureau reports in connection with my request for an account, Airnex Communications Inc., may obtain credit bureau reports in connection with extensions of credit or the review or collection of my account.
33) Airnex Communications Inc., may suspend or limit services in any of the following situations: (a) reasonably necessary maintenance or construction projects with Airnex Communications Inc., or partner's communication equipment's, (b) any other technical problems with Airnex Communications Inc., or partner's communication equipment or network, (c) for routine maintenance of Airnex Communications Inc.'s site or any other equipment, (d) termination or suspension of service by any of Airnex Communications Inc.'s service providers, partners or vendors, or (e) any other reason not avoidable without undue expense to Airnex Communications, Inc.
34) In case of a natural disaster or other emergency situation, or a fear of such situations. I acknowledge that the services provided by Airnex Communications Inc., 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.
35) If you choose to close you're Airnex Communications Inc., account and your account has a negative credit balance issued by Airnex Communications, Inc., as a courtesy credit, you understand and agree that you will forfeit the balance. Airnex Communications Inc., cannot send a refund check or post credits to your credit card or EFT.
36) Airnex Communications Inc., in its sole discretion, may choose not to send an invoice if your account has a balance of less than $2.00, however in such event the balance will be carried over onto the invoice for the next payment period without any late fee accruing on such amount for the period that no invoice was set.
37) Airnex Communications Inc. reserves the right to refuse service to anyone at any time in its sole discretion.
38) I agree to all of the provisions contained in these Terms. My payment obligations will continue to apply under this Agreement until I terminate the services by written notice to Airnex Communications, Inc. and also pay my full outstanding balance. This Agreement shall be binding upon any successor, assignee, or party that will assume the rights and responsibilities of me or Airnex Communications Inc.
39) Local access numbers vary by area. Before dialing a local access number, please check first with your local phone company to verify if the access number that you have selected is considered local and free. Airnex Communications Inc., is not liable for any toll charges Incurred in using these numbers. All the calls made through Toll Free numbers provided by Airnex Communications Inc., have an additional cost of $0.03 per minute for USA main land only and $0.06 per minute for Canada and calls Originating HI and AK will have additional $0.40 per minute surcharge.
40) Usage of Premium Toll Free number provided by Airnex Communications Inc,. is subject to premium rates with higher or different charges than customers using original service. The purpose of premium service is enabling clients with high quality termination access on the go and it must be used by Premium Toll Free Number provided by Airnex Communications. The charges will be added to the monthly bills from Airnex Communications Inc,.

For Customers Sending Mobile-TOP-UP

Definition of Airnex Top-Up

A transfer of an amount of prepaid airtime to a mobile operator to pay for the provision of telecommunication services by that mobile operator to a nominated pre-paid mobile telephone effected using the Services and the Websites of Airnex Communications Inc., or any of customer service centers or agencies related to Airnex Communications Inc., over the phone.

Sending Top-Up and Cost

The Top-Up service shall only be provided to you by Airnex Communications Inc.,For the mobile phone operators available in our platform, which are subject to change and availability.
You will be required to input the mobile phone number to which any Top-Up is to be credited into the appropriate space on the Airnex Website or giving over the phone to the agents of Airnex Communications Inc., It is your responsibility to ensure that you have correctly inputted or give the mobile phone number. You will then be required to select the amount of Top-Up that you wish to credit that mobile phone number with.
The cost of Top-Up will vary depending on the amount of Top-Up that you wish to send to your requested number according to the denominations displayed on the Airnex Website. Or given to you by the Agents of Airnex over the phone.
Before purchasing Top-Up the total cost will be displayed before finalizing your purchase. Where an exchange rate has been applied, the actual amount that you are charged may vary as our payment processors rate may be slightly different at the time of settlement. You will also be charged a secure online processing fee on each Top-Up you send through the Airnex Website or over the phone.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Website or over the phone by Agents before you are asked to confirm your transaction and proceeding with the transaction .
The Top-Up is sent instantly by Airnex Communications Inc. to the appropriate mobile phone number upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Top-Up to the mobile phone number. We will send you a confirmation email which contains details of the Top-Up sent as soon as your Top-Up transaction has been successfully completed. You agree and understand that Airnex Communications Inc. only acts on your authorization to send Top-Up and the relevant mobile operator shall be solely liable to you and the recipient of Top-Up for the provision of mobile services related to the Top-Up. Once the Top-Up is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. To stop this mistake from happening, Airnex Communications Inc. asks you to confirm that the number you have entered is correct.
You acknowledge that you will lose the right to cancel the Top-Up once the Top-Up service has been fully performed by Airnex Communications Inc., you will have no right to request a refund. Please note that Airnex Communications Inc., Limits the number of Top-Ups that can be performed or the maximum value of Top-Up sent over a specific time period. Other limits and exclusions related to the use of the Airnex Communications Inc., Services may be applicable.

ADDITIONAL PROVISIONS

A. Assignment Limited Use :  You hereby agree to purchase Airnex Communications, Inc.'s Products for personal or business use of products and services. You may not resell or market the Products and services anywhere in the world without the prior written consent of Airnex Communications, Inc., which consent may be given or withheld, in whole or in part, exclusively or non-exclusively, in Airnex Communications, Inc.'s sole and exclusive discretion.
B. GENERAL DISCLAIMER : THE AIRNEX COMMUNICATIONS, INC. MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES, OR ANY OTHER SUBJECT MATTER OR TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND THE AIRNEX COMMUNICATIONS, INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT WITH RESPECT TO ANY SUCH MATTERS. IN ADDITION, THE CUSTOMER RECOGNIZES THAT THE AIRNEX COMMUNICATIONS, INC. HAS NO CONTROL OVER THE INTERNET OR ACCESS PROVIDERS THEREFORE AND HAS NO RESPONSIBILITY OF ANY NATURE WITH RESPECT THERETO.
C. LIMITATION ON LIABILITY : IN NO EVENT SHALL THE AIRNEX COMMUNICATIONS, INC. BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOSS OR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY CLAIM OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY WHETHER OR NOT THE AIRNEX COMMUNICATIONS, INC. KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AIRNEX COMMUNICATIONS, INC. BE LIABLE FOR (A) ANY REPRESENTATION OR WARRANTY MADE TO ANY CLIENT OR OTHER THIRD PARTY BY THE CUSTOMER, OR ANY AGENT OF THE CUSTOMER, OR (B) THE UNAVAILABILITY OF THE AIRNEX COMMUNICATIONS, INC. PRODUCTS OR SERVICES, OR OTHERWISE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE AIRNEX COMMUNICATIONS, INC.'S ENTIRE AGGREGATE LIABILITY TO THE CUSTOMER FOR DAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE OR IN ANY WAY RELATED TO THE SUBJECT MATTER HEREOF, AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, STATUTORY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE HIGHEST AMOUNT OF PAYMENTS OF MONTHLY FEES MADE HEREUNDER BY THE CUSTOMER WITHIN ANY CONSECUTIVE SIX MONTH PERIOD. IN THAT REGARD, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER IS RECEIVING VALUE FROM THE AIRNEX COMMUNICATIONS, INC.'S OBLIGATIONS HEREUNDER AS THEY ARE RECEIVED, SO THAT DAMAGES ARE GENERALLY NEITHER BACKWARD NOR FORWARD LOOKING.
D. Entire Contract : These Terms contain the entire agreement and understanding concerning the subject matter between you and Airnex Communications, Inc. (each a "Party" and collectively the "Parties") and supersedes and replaces negotiations and proposed agreements, written or oral. Each of the Parties hereto acknowledges that no other party or agent or attorney of any other party has made any promise, representation or warranty whatsoever, expressed or implied, not contained herein containing the subject matter hereof to induce either to accept these Terms, and acknowledges that he/it is not accepting these Terms in reliance on any such promise, representations or warranty not contained herein.
E. Governing Law : These Terms shall be construed and enforced in accordance with and governed by the internal laws of the State of California, United States of America, without regard to the principles of conflicts of interest applied thereby, and any action or proceeding brought hereunder shall be brought in the County of Alameda, State of California. The prevailing Party in any such action shall be entitled to recover, in addition to actual costs incurred, his/her/its reasonable attorneys' fees, including any fees incurred during enforcement of any judgment.

F. Mediation/Arbitration : If a dispute arises that does not, in the aggrieved Party's sole discretion, necessitate the filing of a court action seeking in whole or in part equitable relief, or if equitable relief is denied by a court of competent jurisdiction, then the Parties agree to endeavor first to settle the dispute in an amicable manner by good-faith negotiation for a period of at least thirty (30) days, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to these Terms, their interpretation, construction or breach thereof by either Party, shall be settled by arbitration administered by JAMS/ENDISPUTE in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

F.1.  The arbitrator shall determine all questions of arbitrability, including, without limitation, the scope of these Terms to arbitrate, the subject matter of the dispute, and any other disagreement or conflict among the Parties whether such dispute existed prior to, or arises after, the date these Terms are accepted. The situs of the arbitration shall be in Los Angeles, California.
F.2. The arbitrator, in the interest of justice, shall have the power to order discovery reasonably necessary to enable the Parties to participate effectively in the evidentiary hearing. Consistent with the Parties. intent that the arbitration be an efficient and economical proceeding, the scope of discovery shall include, but not limited to, a prehearing exchange of non-privileged documents, depositions, summaries of testimony of proposed witnesses, and other appropriate discovery of information.
F.3. The arbitrator shall have the authority to award any remedy or relief that a court of this state, or any federal court citing in this state, could order or grant including, without limitation, specific performance of any obligation created under these Terms. The arbitrator is empowered to award damages in excess of compensatory damages including punitive damages, exemplary or similar damages, and as award of arbitration, costs to a Party to compensate for dilatory or bad faith conduct in the arbitration.
F.4. The arbitrator is authorized to award any Party such sums as he or she deems proper for the expense and trouble of arbitration including arbitrator.s and attorneys. fees and interest, at such rate and from such date the arbitrator may fix.

G. Severability : If any provision of these Terms shall be held by a court or other adjudicative body with jurisdiction thereof to be unenforceable, such holding shall not affect the enforceability of any other provisions. The Parties further agree that such offending provision shall be deleted from these Terms as of the effective date hereof, as if it had never existed.
H. Notices. All notices or other communications hereunder shall be in writing, sent by air or express mail, and shall be deemed given if delivered or mailed by registered United States airmail, return receipt requested to you at the address provided for shipment of the Products, unless otherwise specified by you in writing, and to Airnex Communications, Inc. at:
AIRNEX COMMUNICATIONS, INC.,
PO Box 11357,
Pleasanton CA 94588-1357,
USA

I. Non-Waiver :  If any provision of these Terms shall be held by a court or other adjudicative body with jurisdiction thereof to be unenforceable, such holding shall not affect the enforceability of any other provisions. The Parties further agree that such offending provision shall be deleted from these Terms as of the effective date hereof, as if it had never existed.
J. No waiver or Modification:  No waiver or modification of these Terms or of any covenant, condition, representation, waiver, or limitation herein shall be valid unless in writing and duly executed by the Party to be charged therewith.
K. Headings :  The headings of the various subdivisions of these Terms are for convenience of reference only and shall not affect the interpretation of any of the provisions hereof.
L. Power :  Each of the Parties agreeing to these Terms represents and warrants that they have all requisite power and authority to agree to and perform these Terms, and that the acceptance of these terms constitutes a legally valid and binding obligation in accordance with its terms.
M. Successors and Assigns :  Except as otherwise provided herein, the Parties' obligations hereunder shall survive the expiration of these Terms. The provisions of these Terms shall be binding upon the Parties, their successors and assigns.
N. Construction :  : These Terms shall not be construed more strictly against one Party hereto than against the other Party merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.

World Headquarters

Airnex Communications, inc.
PO Box 11357
Pleasanton CA 94588-1357
USA
Phone: 1-800-708-4884
Fax: 1-800-941-8177
Email: info@airnex.com

US Offices and Operation Centers

Sacramento, California
Los Angeles, California
Pleasanton, California

 

 

© 2016 Airnex. All rights reserved.