SERVICE AGREEMENT BETWEEN CONCORDE
LEADERS AND NEXT WAVE / RVM AND
(From this point on, you are the
“CUSTOMER”)
1. CUSTOMER is fully authorized
to order NEXT WAVE / RVM, INC. service (see description in Appendix A), (“SERVICE”)
on CUSTOMER’s behalf subject to this Service Agreement, hereafter referred
to as (“AGREEMENT”). CUSTOMER is responsible for payment of all charges
for the SERVICE. CUSTOMER will pay NEXT WAVE / RVM its established rates, or
any revised rates for the SERVICE. Payment is due on receipt of invoice. Payment
will be made in U.S. currency. If payment is not received within thirty (30)
days of receipt of invoice, NEXT WAVE / RVM may charge a late charge of 1.5%
per month or the maximum allowed by law, whichever is less. If payment is not
received within ninety (90) days of receipt of invoice, NEXT WAVE / RVM may
proceed with collection actions to recover any and all amounts due plus collection
costs including, but not limited to, attorney’s fees.
2. If required, CUSTOMER is responsible
for obtaining and paying for any equipment (i.e., personal computer, modem and/or
fax machine) for use of the SERVICE.
3. NEXT WAVE / RVM may revise the
rates, features and specifications upon thirty (30) days written notice, delivered
by facsimile and/or mail, at its discretion.
4. While NEXT WAVE / RVM will use
reasonable efforts to provide the SERVICE in accordance with industry standards,
NEXT WAVE / RVM disclaims all warranties in connection with the service, including,
but not limited to, the implied warranties of merchantability and fitness for
a particular purpose.
5. RVM’s sole liability for
any failure, defect, or error with the SERVICE is limited to the amount charged
for the affected SERVICE, or Two Hundred Fifty Dollars ($250), whichever is
less. NEXT WAVE / RVM will not be liable for incidental, special, or consequential
damages of any kind whatsoever. SERVICE is subject to availability.
6. At any time CUSTOMER or NEXT
WAVE / RVM, with or without cause, may discontinue the SERVICE on written notice
to the other. CUSTOMER’s responsibility is for any charges incurred prior
to NEXT WAVE / RVM’s receipt of notice. NEXT WAVE / RVM may discontinue
the SERVICE on written notice delivered by facsimile and/or mail and without
waiving other rights.
7. CUSTOMER is solely responsible
for the content and/or quality of any document(s) and/or recorded message(s)
transmitted over the SERVICE for any lawful or unlawful purpose. If any claims
are made against NEXT WAVE / RVM arising out of any use of the SERVICE including,
but not limited to, patent, trademark and/or copyright infringement claims,
or any other acts or omissions of CUSTOMER, CUSTOMER will indemnify NEXT WAVE
/ RVM and hold NEXT WAVE / RVM harmless from and against any damages and expenses
including, but not limited to, NEXT WAVE / RVM’s attorney’s fees incurred
in defending any such claim.
8. If NEXT WAVE / RVM fails to enforce
its rights under this AGREEMENT at any time, such failure will not prevent NEXT
WAVE / RVM from enforcing those rights at any other time. This AGREEMENT may
not be modified except in writing signed by CUSTOMER and NEXT WAVE / RVM. CUSTOMER
may not assign this AGREEMENT without NEXT WAVE / RVM’s prior written consent,
in NEXT WAVE / RVM’s sole discretion.
9. CUSTOMER is solely responsible
for complying with all applicable regulations such as but not limited to the
Federal Communications Commission (FCC). A copy of the relevant FCC regulations,and
a summary thereof are available upon request.
10. This AGREEMENT is made in and
subject to the laws of the State of New York and is not valid until accepted
by NEXT WAVE / RVM.
Appendix A
Voice Mail Messaging
(18 second minimum)
You choose if you
want message deposit on answering machine, live pickup or BOTH.
The
Concorde Leaders SPECIAL is:
Dime
a call!
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