- SCOPE OF AGREEMENT
This 24 Month Service Agreement (this “Agreement”) sets forth the terms and conditions pursuant to which you will receive the Protected Retail Rates for your MyVoIP Services, as those terms are defined in section 1.2 below. This Agreement is by and between Axtel Consulting, LLC dba MyVoIP on behalf of itself and its operating affiliates that provide the MyVoIP Services subject to this Agreement to you (“MyVoIP”, “we” “our”, “us”), and “You”, the accountholder to whom the MyVoIP Services (defined in Section 1.3 below) are provided.
1.2 Protected Retail Rates
During the Term and subject to Section 1.3 below, MyVoIP will not charge you more than MyVoIP’s published regular month-to-month, non- promotional rates, also called the retail rate, in effect for your local franchise service area as of the first day of the Term of this Agreement (the “Protected Retail Rate(s)”) for the residential MyVoIP VoIP services, services you ordered and/or subscribed to (“MyVoIP Services”) in response to an offer for MyVoIP Services from MyVoIP that required a 2 year, or 24 month, service agreement (the “Offer”). The specific MyVoIP Services included in your account and covered by this Agreement will be designated by a special legend on your monthly MyVoIP billing statement during the Term of this Agreement. Only the MyVoIP Services designated as covered by this Agreement on your billing statement will be covered by this Agreement. You agree to carefully review the first billing statement you receive AFTER YOUR Acceptance of this Agreement and to bring any discrepancies to MyVoIP’s attention within the first thirty (30) days of the Term of this Agreement or seven (7) days after receipt of your first bill statement denoting the MyVoIP Services covered under this agreement, whichever is LATER, BY calling your local MyVoIP office. If you do not timely object, you waive the right to do so and agree that such designation(s) is accurate.
1.3 Rates, Fees, Charges, and Services Not Price Protected
The price protection provided by this Agreement does not apply to the following rates, fees, or charges related to any of your MyVoIP Services, which may increase or decrease during the Term of this Agreement: (i) one-time charges, including but not limited to installation and activation/reactivation fees, (ii) usage-based charges, pay-per-use fees, pay-per-view charges, and overage charges, (iii) applicable federal, state, and local taxes, franchise fees and other government mandated or pass through fees or surcharges, (iv) MyVoIP or third party imposed surcharges and fees, including without limitation regulatory cost recovery fees, broadcast surcharges and regional sports surcharges, (v) fees and charges for other Core MyVoIP Services (as defined in Section 3.1 below) you add after you enter into this Agreement or that you receive that are not included in the Offer, and/or (vi) any other fee or charge that is not expressly within the scope of the MyVoIP Services.
1.4 Promotional Discount Offers and Rates Are Not Price Protected
If you qualified for and received a short-term promotional discount off of any Protected Retail Rate in connection with your Order (“Promotional Discount”), your rates will revert to the Protected Retail Rate(s) after the stated Promotional Discount period ends for the remainder of the Term of this Agreement, unless this Agreement is earlier terminated as provided herein.
1.5 Special Rebate and Incentives Offers
If you accepted an Offer that included a special rebate or incentive, in addition to accepting this Agreement within the time and in the manner specified in Section 1.2 above, you must also maintain the MyVoIP Services covered under this Agreement at the service address of record for your account as of the Order Date for at least the first thirty (30) days of the Term of this Agreement to qualify for the advertised rebate or incentive. You must also satisfy all stated eligibility requirements and follow all stated instructions for claiming a rebate or incentive and if applicable, complete and return any related rebate forms or fulfillment requests within the designated time period. If your rebate form or fulfillment submission is late, misdirected, incomplete, incorrect, illegible or obtained or submitted through improper channels, you will not be entitled to the advertised rebate or incentive. Please allow ten (10) to twelve (12) weeks after MyVoIP receives your qualifying submission to receive your rebate payment or incentive, unless otherwise stated in the rebate or incentive offer. Except as required by law, rebate checks not deposited or properly negotiated within one hundred eighty (180) days after issuance will be non-negotiable, forfeited and invalid. Prepaid reward cards are subject to the terms and conditions of the issuing bank and expire on the date shown on the card. MyVoIP will not replace or reissue any check, prepaid reward card or other incentive if it is lost, stolen, or damaged, or if it becomes non-negotiable, invalid, or forfeited. Incentives will only be issued in the name of the Primary Account Holder. Unless otherwise prohibited by applicable law, all rebate and incentive offers are limited to one (1) per MyVoIP account and per household. MyVoIP reserves the right to substitute any advertised incentive with an incentive of equal or greater retail value. Incentives may not be exchanged or returned for cash or credit.
1.6 Acceptance of Agreement
You accept this Agreement when you first do one of the following within 30 days of receiving the Offer from MyVoIP (the “Acceptance Date”): (1) orally confirming to MyVoIP or its agent acting on MyVoIP’s behalf your acceptance of this Agreement; (2) activating any MyVoIP Service(s) covered under this Agreement through a method provided by MyVoIP; (3) using or paying for any MyVoIP Service(s) covered under this Agreement; or (4) agreeing to this Agreement electronically or physically in accordance with the instructions provided by MyVoIP. If you do not accept this Agreement within this 30-day period, you will NOT receive the price protection benefits of the Agreement and you will be responsible for paying MyVoIP’s regular month-to-month, non-promotional rates for all services you receive, including any rate increases on those services. UNLESS YOU TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF SECTIONS 3.2 OR 3.3 BELOW, OR PAY AN EARLY TERMINATION FEE AS SPECIFIED IN SECTION 3.1 BELOW, YOU AGREE TO MAINTAIN AND PAY FOR YOUR SUBSCRIPTION TO THE CORE MYVOIP SERVICES (as defined in Section 3.1 below) COVERED UNDER THIS AGREEMENT UNTIL THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
This Agreement is for a term of twenty-four (24) months beginning on the earlier of the Acceptance Date or the Offer date. This 24 -month period is referred to in this Agreement as the “Term.”
- EARLY TERMINATION FEE; TERMINATION.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE TO PAY THE APPLICABLE EARLY TERMINATION FEE LISTED IN THE TABLE BELOW (“ETF”) IN THE EVENT THAT ANY ONE OR ALL OF THE FOLLOWING MYVOIP SERVICES YOU SUBSCRIBE TO (“CORE MYVOIP SERVICES”) ARE DISCONNECTED FOR ANY REASON BEFORE THE EXPIRATION OF THE TERM OF THIS AGREEMENT:
- MyVoIP VoIP Services
YOU MAY UPGRADE OR DOWNGRADE SERVICE WITHIN A CORE MYVOIP SERVICE CATEGORY (E.G. FROM ONE TIER OF INTERNET TO ANOTHER, FROM ONE PACKAGE OF TV TO ANOTHER) WITHOUT INCURRING AN ETF. HOWEVER, THE PROTECTED RETAIL RATE(S) FOR THE NEW TIER/PACKAGE OF CORE MYVOIP SERVICE(S) WILL BE MYVOIP’S PUBLISHED REGULAR MONTH-TO-MONTH, NON-PROMOTIONAL RATE(S) FOR SUCH SERVICE(S) IN EFFECT AS OF THE DATE THAT YOU INSTRUCTED MYVOIP TO CHANGE YOUR CORE MYVOIP SERVICES AND YOU AGREE TO PAY SUCH ADJUSTED PROTECTED RETAIL RATES FOR THE REMAINDER OF THE TERM.
YOU MAY TERMINATE THIS AGREEMENT BY (I) CALLING MYVOIP CUSTOMER CARE AT THE NUMBER LOCATED ON YOUR BILL, OR (II) DISCONNECTING ANY OF YOUR CORE MYVOIP SERVICES AT ANY TIME DURING THE TERM SUBJECT TO PAYMENT OF THE APPLICABLE ETF AND ALL OTHER ACCRUED CHARGES. FOR CLARITY, YOU ACKNOWLEDGE AND AGREE THAT IF MYVOIP DISCONNECTS ANY OR ALL OF YOUR CORE MYVOIP SERVICES DUE TO NONPAYMENT OF ANY CHARGES DUE MYVOIP, YOU WILL BE DEEMED TO HAVE TERMINATED THIS AGREEMENT AND WILL BE CHARGED THE ETF.
The ETF will be reduced by the amount the customer has already paid on their 24 month agreement. Customer will be responsible for all charges due to MyVoIP that remain on the contract.