CUSTOMER SERVICE AGREEMENT
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, CUSTOMER AGREES TO THE PRICES, CHARGES, TERMS, AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THESE PRICES, CHARGES, TERMS, AND CONDITIONS, CUSTOMER SHOULD NOT USE THE SERVICES, AND SHOULD CANCEL THE SERVICES IMMEDIATELY BY CALLING THE COMPANY AT 712-944-5711 FOR FURTHER DIRECTIONS.
1. Definitions. For purposes of this Agreement, “Company” means Western Iowa Telephone Ass’n, or the affiliate of Western Iowa Telephone Ass’n providing the Services. “Customer” means the person or entity receiving Services from the Company. “Services” means any telecommunications services not covered by Company’s tariff which are provided by Company and that Customer currently is enrolled in, uses, or pays for, and any new or additional telecommunications services provided by Company that customer enrolls in, uses, or pays for after the date of this Agreement.
2. Charges and Payment. Customer agrees to pay Company for the Services at the prices and charges listed in Company’s rate schedule. Company may change the prices and charges for the Services from time to time. Company will provide notices of increases to the prices and charges by bill message or other notice. Customer must pay all bills or invoices on time (on or before the due date) and in U.S. money. Company does not waive its right to collect the full amount due if Customer pays late or pays part of the bill, even if Customer writes the words “Paid in Full” (or similar words) on any correspondence to Company. If Customer makes any late payments, Company will charge Customer a late fee of $2. If the law requires a different rate or amount, Company will apply that rate or amount. If Customer’s check, bank draft, or electronic funds transfer is returned for insufficient funds, Company will charge Customer an additional $20. If the law requires a different fee, Company will charge Customer that amount. When payment is made by credit card, payment will also be subject to terms and conditions required by the credit card issuer. Charges accrue through a full billing period. Company may prorate or adjust a bill if the billing period covers less than or more than a full month. Customer is responsible for preventing the unauthorized use of the Services, and Customer is responsible for payment for any such unauthorized use. Customer must pay all taxes, fees, surcharges, and other charges that Company bills Customer for the Services. Taxes and surcharges will be in the amounts that federal, state, and local authorities require Company to bill Customer. Company will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. Customer hereby gives Company permission to obtain Customer’s credit information from consumer credit reporting agencies at any time.
3. Disclaimer of Warranties. COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCTS AND SERVICES PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS.
4. Indemnification. Customer hereby agrees to indemnify and hold harmless the Company with respect to any third-party claims, demands, or actions arising from this Agreement to the extent that the Customer’s negligent or wrongful acts or omissions (including, without limitation, infringement of a third party’s property rights) give rise to said third-party claims, demands, or actions. Additionally, in the event the Customer violates any of the terms, provisions, or conditions of this Agreement, in addition to being subject to other remedies, liabilities, and obligations that may be imposed upon such party for such violation, Customer shall indemnify Company and hold Company harmless with respect to any and all claims, demands, and actions that may arise out of or by reason of such violation. Indemnification hereunder shall cover, but is not limited to, costs and attorney fees incident to any of the foregoing.
5. Limitation of Liability. In no event shall Company be liable to Customer for lost profits of Customer, or special, incidental, or consequential damages (even if Company has been advised of the possibility of such damages). In addition, Company shall not be liable for any claim or demand made against Customer by any third party. Company’s total liability under this Agreement for damages, costs, and expenses, regardless of cause, shall not exceed an amount equal to the charge for one month of Services, as determined by the Company’s rate schedule in effect on the date Customer first makes a claim. This limitation shall apply to all claims of Customer whatsoever the nature, including, without limitation, interruption of Service or damage to the equipment of Customer.
6. Acceptable Use. Neither Customer nor Customer’s users shall stalk others or post, transmit, or originate any unlawful, threatening, abusive, fraudulent, hateful, defamatory, obscene, or pornographic communication, or any communication where the message, or its transmission or distribution, would constitute or would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law. Customer shall not attempt to resell the services provided hereunder.
7. Entire Agreement. This Agreement embodies the entire Agreement and understanding of the parties hereto in respect of the subject matter addressed herein. There are no restrictions, promises, representations, warranties, covenants, or understandings other than those expressly set forth or referred to herein. This Agreement supersedes all prior agreements and understandings with respect to the subject matter hereof. This Agreement may only be changed in the manner provided for in this paragraph. Company may change this Agreement, including the incorporated rate schedule, from time to time. If Company makes any changes to the prices or charges, Company will comply with the notice commitments described in this Agreement.
8. Suspending or Canceling Service. This Agreement remains in effect for any Services that Customer continues to be enrolled in, use, or pay for. If Customer wishes to cancel the Services, Customer should call Company at 712-944-5711 for further instructions. Company may suspend, restrict, or cancel the Services and this Agreement, if Customer does not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges. In addition, Company may from time to time discontinue certain Services, subject to applicable law and regulation. If Services are suspended, restricted, or cancelled, any charges will accrue through the date that Company fully processes the suspension, restriction, or cancellation. Customer must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of cancellation. Company may apply funds from Customer’s capital credit account, or any other amounts owed to Customer by Company, to cover any unpaid bills or charges owed by Customer to Company. Customer must reimburse Company for any reasonable costs Company incurs, including attorneys’ fees, to collect charges owed to Company.
9. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Iowa, excluding the choice of law rules of said state.