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1. |
You (referred to as "the customer") hereby request telephone services from ICS (Referred to as "The Company") to be prepaid by check, money order or credit card, or as otherwise agreed in writing with the Company. | ||||
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2. |
If prepaid by credit card service expires on the expiration date on your credit card, or when any prepaid credits have been used. | ||||
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3. |
The Customer may cancel this Agreement at any time, and MUST cancel if his calling code (PIN) is lost or stolen. Notice of cancellation must be given in writing or by telephone call to an agent of the Company. Cancellation will go into effect upon the confirmation of the Company's agent. The Customer will be responsible for payment of all telephone calls until the cancellation has been confirmed. The Customer may renew his membership, after such cancellation, with the agreement of the Company under the same terms. | ||||
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4. |
The Company may cancel this Agreement at any time and without explanation. The Customer will not be responsible for any telephone calls from the time of the cancellation notice. Date and time of notice to the Customer's telephone number as listed on this order form or elsewhere, will be conclusive evidence as to date and time of cancellation. | ||||
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5. |
The Customer will be solely responsible for any use of his code number and will be liable for the full payment for calls dialed through his code number whether these calls were placed by the Customer or by someone else prior to cancellation. | ||||
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6. |
The telephone calling rates to be billed to the customer will be determined solely by the company. The rates will be binding for the customer. The Company may change its rates from time to time. | ||||
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7. |
If requested, the Customer will receive an itemized printout (bill) of all the calls made and the charges for them as per the calling rates shown in U.S. Dollars for an additional charge of $2.00 per monthly statement. $3.00 dollars in the case of additional statement. No charge if company determines that error was caused by the system. | ||||
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8. |
The Customer must inform the Company of any changes in the information provided on the request form immediately after these changes occur. | ||||
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9. |
If the Customer is a corporation, it will be responsible for the payment, as per this agreement, for all the services it receives and may not claim that use of the code or PIN was not authorized. Until the customer informed the company of the cancellation of this agreement, as prescribed above, the Company may continue to bill the customer and the customer waives any claim to the contrary. | ||||
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10. |
The Customer hereby gives the Credit Card Company and ICS a non-revocable authorization to charge the customer with the amount stated on the bill presented to the credit card Company. In addition, the customer waives the credit card Company's confidentiality requirement toward him, and allows it to disclose to the company any information about the customer, which the company may request. | ||||
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11. |
The Company's book and records will be considered accurate and true and will be used as conclusive evidence against the Customer, in all their details. Copies of any records or any part thereof, obtained from the company records which are endorsed by any official of the company will be considered conclusive evidence as to the existence of the records and the truthfulness of the details stated on them. The Company may add, change, or revise these conditions or make appropriate new arrangements, as long as it gives the customer proper notice and its content is in regard to telephone services provided after receipt of such notice. | ||||
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12. |
All legal actions, proceeding or claims of any nature whatsoever arising out of, or under this agreement shall be brought under New York Law in the courts of the State of New York, County of Queens. Any notice sent by the company to the customer at the address noted, or at any new address which the customer has provided the company will be considered received by the customer 72 hours after mailing of such notice. | ||||
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13. |
Company is not responsible for any drop calls beyond crediting account after company has determined calls were dropped due to service. All credits are solely at the discretion of the company. | ||||
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14. |
In the event that any provision or any part of a provision of this agreement shall be finally determined to be superseded, invalid or illegal or otherwise unenforceable, pursuant to the applicable law. Such determination shall not impair or otherwise affect the validity, legality or enforceability of the remaining provisions of this agreement.
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