For Cox Business state-to-state and International long distance service
This Long Distance Phone Services Agreement ("Agreement") details the terms and conditions for Cox state-to-state and international long distance service provided to Cox commercial phone service customers. Prior to August 1, 2001, the terms and conditions for Cox state-to-state and international long distance service were set forth in tariffs that were filed with the Federal Communications Commission (“FCC”). The FCC ordered that as of July 31, 2001, long distance carriers may not file tariffs for state-to- state long distance services. As of January 27, 2002, the FCC ordered long distance carriers not to file tariffs for international long distance service. Therefore, this Customer Service Agreement binds Cox and the Customer and constitutes a contractual arrangement upon acceptance and use of the Services (as defined in Section 2(a) below).
1. SCOPE OF AGREEMENT.
a. Parties to Agreement. This Agreement is between CoxCom, Inc. and its affiliates authorized to provide the Services (defined below) covered by this Agreement (“Cox”) and the commercial customer who has requested, is using, or is paying for the Services covered by this Agreement (“Customer”) and offered by Cox. Specifically, the CoxCom, Inc. affiliates include, but are not limited to Cox Arizona Telcom, L.L.C., Cox Arkansas Telcom, L.L.C., Cox California Telcom, L.L.C., Cox Colorado Telcom, L.L.C., Cox Connecticut Telcom, L.L.C., Cox District of Columbia Telcom, L.L.C., Cox Florida Telcom, L.P., Cox Georgia Telcom, L.L.C., Cox Idaho Telcom, L.L.C., Cox Iowa Telcom, L.L.C., Cox Kansas Telcom, L.L.C., Cox Louisiana Telcom, L.L.C., Cox Maryland Telcom, L.L.C., Cox Nebraska Telcom, L.L.C., Cox Nevada Telcom, L.L.C., Cox North Carolina Telcom, L.L.C., Cox Ohio Telcom, L.L.C., Cox Oklahoma Telcom, L.L.C., Cox Rhode Island Telcom, L.L.C., and Cox Virginia Telcom, L.L.C.
b. Agreement to Service. BY SUBSCRIBING TO, USING, OR APPLYING FOR THESE SERVICES, CUSTOMER AGREES TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, ANDTHE PRICES AND CHARGES LISTED ON THE COX WEBSITE FOR COMMERCIAL SERVICES AT https://www.cox.com/business/phone/long-distance-and-voice-mail.html (THE “COMMERCIAL PAGE”), WHICH ARE INCORPORATED IN THIS AGREEMENT BY THIS REFERENCE. THE COMMERCIAL PAGE IS HEREINAFTER REFERRED TO AS THE “COX WEBSITE.” IF CUSTOMER DOES NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, CUSTOMER MUST NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING COX AT THE CUSTOMER SERVICE NUMBER LISTED ON CUSTOMER’S BILL. ANY ADDITIONAL SERVICES PURCHASED BY CUSTOMER FROM COX AFTER THE ACCEPTANCE OF THIS AGREEMENT ALSO SHALL BE COVERED BY THIS AGREEMENT.
c. Copy of Agreement or Prices. A copy of this Agreement and the prices for the Services Customer has requested, is using and is paying for may be obtained by visiting a local Cox business office listed on Customer’s monthly bill or on the Cox Website.
2. DESCRIPTION AND USE OF SERVICE.
a. Definition. "Service" or "Services" means: (1) any Cox state-to-state or international telecommunications services, including associated features and functions, to which Customer subscribes, uses, or for which Customer pays, that Cox provides to Customer and were formerly under tariffs filed with the FCC as of July 31, 2001; and (2) any new or additional Cox state-to-state and international telecommunications services, including associated features and functions, that Cox provides to Customer, to which Customer subscribed after July 31, 2001, which Customer uses, and/or for which Customer pays.
b. Services Not Covered. This Agreement does not cover Cox local telecommunications services or Cox in-state long distance telecommunications services (i.e., intrastate service). In addition, this Agreement only applies to interstate long distance service. The terms and conditions of your local exchange and intrastate telecommunications services are governed by the tariffs and/or service guides located at www.cox.com/phonetariffs, which apply to both Residential and Business services.
c. Availability. The Services covered in this Agreement are subject to availability and may not be available at all Cox serviceable locations. Services are offered subject to any restrictions imposed upon Cox by any authority having jurisdiction over Cox’s provision of the Services. Cox may, from time to time, discontinue certain Services and/or change its network architecture, subject to applicable law and regulation.
d. Use of Services. The Services may be used for any lawful purpose for which it is technically suited. Service may not be used for any unlawful purposes. Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, telephone number, process or code. All rights, title, and interest to such items remain, at all times, solely with Cox or its underlying carrier or service provider, as appropriate.
e. Cox Business Call Forwarding to International Telephone Numbers. The default setting for Call Forwarding for Cox Business Customers is set so that calls may not be forwarded to international telephone numbers. Cox Business Customers may change this default setting through Phone Tools or by calling Cox Business Customer Service. Customers may continue to use feature access codes (*72 and
*73) and MyAccount to forward lines to local and domestic long distance numbers. Direct dialed calls to international telephone numbers are not affected.
f. Default Settings. Cox, in its sole discretion, may change the default settings for Cox services and features from time to time.
3. CHARGES AND PAYMENT.
a. General. Customer agrees to pay Cox for the Services at the prices and charges listed on the Cox Website, as defined in Section 1(b) above. The prices and charges for any particular call may depend on a number of factors which include without limitation, for example, the duration of a call, whether the call is domestic or international, the international terminating carrier, e.g. mobile versus landline, and the type of service provided. Service types include, for example, direct-dialed, operator assisted or calling card calls. The prices and charges for the Services may also include, for example, monthly fees and per minute or sub-minute incremental charges. The details of Cox Services are located on the Cox Website.
b. Price changes. Cox may decrease or increase the prices and charges for Services from time to time. All price increases will be posted to the Cox Website. Cox shall provide notice of any price changes in accordance with Section 10 below.
c. Credit Check. In accordance with applicable law, Cox will rely on credit bureau reports, other data available from commercial credit reference services, any credit information you furnish, or internal credit information to determine whether or not to provide Services to you, to continue to provide Services to you or whether or not a deposit is required. You expressly authorize Cox to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information concerning you to appropriate third parties for reasonable business purposes.
d. Deposits. As permitted by applicable law, Cox may require a deposit from you or an increase in any deposit for any Service based on the results of a credit check, credit information you furnish, or internal credit information. The amount of deposit will vary. The deposit will remain on your account for up to 12 months or longer, depending upon your payment performance and applicable law. The deposit may be refunded to you or applied as a credit to your bill in accordance with applicable law or regulation. Upon termination of Service, the deposit will be posted to your account and applied to any unpaid balance for any Service. If there is no balance, you will be refunded the amount of the deposit. Except if required by law, regulation, franchising authority or any applicable tariff/service guide, no interest will be paid on deposits. If Customer makes a security deposit, Customer is in no way relieved from promptly paying all bills and invoices when due.
e. Payment: You agree to pay all charges that you or anyone using your account, services or equipment incurs including all recurring and non-recurring fees by the due date on your Cox bill even if such charges are incurred by fraud or without Customer’s knowledge. Non-recurring charges may include but are not limited to (i) installation and/or activation fees, (ii) Cox provided-equipment fees, (iii) charges for telephone features or phone usage charges such as, per-minute long distance calls, call origination or termination fees. Rates may vary depending upon the Services rendered and Cox may change the rates for the Services from time to time. If you received a short term promotional discount off your Service(s), after the promotional period ends, regular charges for the Service(s) will apply. Rate details may be found on the Cox Website. Cox will determine and may change the billing format from time to time.
f. Taxes and Fees: You must pay all federal, state and local taxes, and any fees or payment obligations imposed by government or quasi-governmental bodies however described, levied or assessed which are applicable to the Services we provide you. Unless required by applicable law, we may elect not to provide notice of a change in fees or taxes.
g. Surcharges and Fees: You must pay all surcharges and fees we may assess in connection with the Services (collectively “Surcharges”). These Surcharges may include, but are not limited to, Federal Universal Service fees and cost recovery fees. You will be responsible for paying any government imposed Surcharges that become applicable retroactively. Additionally, certain network providers may assess per minute Surcharges for calls that terminate to international wireless telephone numbers or additional Surcharges or fees for traffic termination, in providing the Service. The amount and type of these Surcharges vary depending upon the location of your business, as applicable, and because some Surcharges are based on amounts set by the government, we will not always provide advance notice of new Surcharges or changes in the amount of existing Surcharges.
h. Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party providers that are separate and apart from amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. You have the ability to block third party charges on your bill, such as collect and operator assisted calls. Please contact your local customer service department if you would like to block third party charges.
i. Cox Authorized Payment Methods: You agree not to make any notations or restrictions on your checks or on other forms for payment such as “paid in full” and you agree that any such restriction has no legal effect. If you use a credit or debit card to pay for the Service(s), you acknowledge that use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If you make payment by check, you authorize Cox to process your check electronically. Online: Visit www.cox.com to register for 24-hour online access or make payments to your account. Mail: Detach the billing coupon and send it with your check or money order. Please include your account number on your check. Make your checks payable to Cox Communications. Allow 7 days for processing. Phone: Call the number listed under the "Contact Us" section on the front of your bill anytime and follow the phone prompts to make a payment using your bank account or credit card. In Person: Visit www.cox.com for a list of Cox Authorized Payment Centers.
j. Timing of Payments/Late Payments: Recurring charges and taxes are due in advance once Service is initiated. Charges accrue through a full billing period. Cox may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days). We will determine the billing period and may change the billing period from time to time. If you fail to make full payment by the payment due date set forth on your bill statement, Cox reserves all rights it may have, subject to Applicable Law, to terminate Service or place the Service(s) in Soft Disconnection, remove Cox Equipment, collect the full amount due, including, without limitation, any applicable interest, costs of collection (including attorneys’ fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, bank fees and any other applicable fees, charges or payments. Any balance amount that remains delinquent may be referred to a third party for collections. Once the debt is referred to a third party for collection, you may be subject to and agree to reimburse Cox for additional fees, including reasonable attorneys’ fees, and fees related to costs and expenses, which may be based on a percentage of up to 25% of the balance owed (subject to state law and regulations). For past due balances assigned to a field collector for payment, a fee of up to $25.00, or up to the maximum amount allowed by law or regulation, will be charged to your Cox account, regardless of how you make your payment. You may be required to pay a reactivation or reinstallation fee and/or a deposit in addition to all past dues charges before Service may be reconnected or restored.
k. Soft Disconnection: If your account has been delinquent or if Cox has a reason to believe you have otherwise violated this Agreement, depending upon your length of Service and payment behavior with Cox, you will be prevented from using certain of your Services including, from making outbound calls except to 911 and Cox Customer Care (“Soft Disconnection”). This restriction will be lifted once you meet Cox’s minimum financial requirements, you have made acceptable payment arrangements with us, or if you have communicated with Cox Customer Care and resolved any concerns about fraudulent activity as described in Section 3(n) below. If you do not meet the requirements noted to remove this restriction, your account will be disconnected after a period of time. If your service is disconnected and subsequently re-established (reconnected), line activation charges apply.
l. Returned Payment Fees: If your payment by check is returned, your payment via credit card is denied, or your electronic funds transfer is denied due to insufficient funds or a closed account, you authorize Cox to make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.
m. Unauthorized and Disputed Charges: If you do not agree with a charge on your bill or you believe it is an unauthorized charge you must notify Cox no later than sixty (60) days after the date of the bill (or such later date as required by law) by calling or writing to us at the number and address specified on your bill. You must submit any documentation or other information to substantiate your claim of unauthorized charges. Cox may, in its sole discretion, waive such charges. We will use reasonable efforts to advise you of the result of our investigation within thirty (30) days. You will be responsible for any improper, illegal, fraudulent or unauthorized use of the Services.
n. Fraud on your Account: Customer is responsible for controlling access to, and the use of Customer’s telecommunications equipment and facilities, and Cox shall have no liability for fraudulent calls made over such telecommunications equipment and facilities. Customer agrees that Customer will not use the Services for any unlawful, abusive, or fraudulent purpose, including for example, using the Service in a way that (1) interferes with Cox’s ability to provide Services to Customer or other customers; or (2) avoids Customer’s obligation to pay for the Service. If Cox has reason to believe that Customer or someone else is abusing the Services or using them fraudulently or unlawfully, Cox may, at Cox’s sole discretion, immediately suspend, restrict, or cancel the Services without advance notice. In addition, Customer’s Service shall be subject to discontinuance, without notice, if Cox is required to comply with any order or request of any governmental authority having appropriate jurisdiction.
4. SUSPENDING AND CANCELLING SERVICES.
a. Customer Cancellation of Services. If Customer subscribes to or otherwise purchases Cox Services pursuant to this Agreement, Customer may change or cancel one or more Services by calling the Cox customer service number on Customer’s Cox bill. This Agreement remains in effect for any Services to which Customer continues to subscribe, use, or for which Customer pays. If Customer desires to cancel Services, Customer must discontinue use of the Services and call Cox at the customer service number listed on Customer’s monthly bill.
b. Failure to Pay. Upon advance notice, Cox may suspend, restrict, or cancel the Services and this Agreement, if Customer fails to make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges.
c. Outstanding Charges. If Services are suspended, restricted, or cancelled, any charges will accrue through the date that Cox fully processes the suspension, restriction or cancellation. In the event any additional charges are incurred after the date that Cox fully processes the suspension, restriction or cancellation, Customer will remain liable for those charges. Customer must pay all outstanding charges for these Services as set forth in this Agreement. If Customer requests Cox to renew or reactivate the Services, Cox may require Customer to pay a deposit.
5. SERVICE RATE ADJUSTMENTS.
Unless otherwise specified in individually negotiated contracts, if Customer purchases Services under a term agreement and such Services are terminated (i) by Customer prior to the term set forth in the term agreement, or (ii) by Cox due to Customer’s default or noncompliance with the term agreement or this Agreement, then Customer shall be liable for the applicable early termination fee, if any. Such amount shall become immediately due and payable. In addition, Customer shall remain liable for any early termination fees set forth in the term agreement.
CUSTOMER AGREES THAT COX WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS, WHETHER IN CONTRACT OR TORT, AGAINST COX THAT ARISE FROM CUSTOMER’S SUBSCRIPTION TO, PAYMENT FOR OR USE OF THE SERVICES. FURTHER, CUSTOMER AGREES TO REIMBURSE COX FOR ALL COSTS, FEES AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES AND COSTS, UNLESS SUCH CLAIMS ARE BASED ON COX’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER CUSTOMER CEASES TO USE, PAY FOR OR SUBSCRIBE TO THE SERVICES, OR THIS AGREEMENT EXPIRES OR TERMINATES. .
7. LIMITATIONS OF LIABILITY.
THIS SECTION DESCRIBES THE FULL EXTENT OF COX’S RESPONSIBILITY FOR ANY CLAIMS CUSTOMER MAKES FOR DAMAGES CAUSED BY THE FAILURE OF THE SERVICES, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.
EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COX, THE LIABILITY OF COX FOR DAMAGES OF ANY NATURE ARISING FROM ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, OR DELAYS OF COX, ITS AGENTS, SERVANTS, OR EMPLOYEES, IN THE COURSE OF ESTABLISHING, FURNISHING, REARRANGING, MOVING, TERMINATING, OR CHANGING SERVICES OR FACILITIES OR EQUIPMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE DIRECT DAMAGE SUFFERED BY THE CUSTOMER’S PERSON OR PROPERTY OR THE AMOUNT OF COX’S CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD (CALCULATED ON A PROPORTIONATE BASIS WHERE APPROPRIATE), WHICHEVER IS GREATER. IN NO EVENT SHALL COX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, LOST PROFITS OR REVENUE, LOSS OF INFORMATION OR INCREASED COSTS OF OPERATION, REGARDLESS OF THE CAUSE OR FORESEEABILITY THEREOF, EVEN IF COX WAS TOLD THEY WERE POSSIBLE. SUCH LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
COX WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF COX’S SERVICES WITH THE SERVICES OR EQUIPMENT OF ANOTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER CUSTOMER CEASES TO USE, PAY FOR OR SUBSCRIBE TO THE SERVICES, OR THIS AGREEMENT EXPIRES OR TERMINATES.
EXCEPT AS THIS AGREEMENT STATES, COX MAKES NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COX ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. COX DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO COX EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON COX’S BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT.
9. CREDIT ALLOWANCES FOR INTERRUPTIONS.
If an interruption or failure of Services is caused solely by Cox and not by Customer or a third party or other causes beyond Cox’s reasonable control, Customer may be entitled to a credit allowance by Cox. Customer should contact the local Cox business office or service center as listed on Customer’s bill for more information.
10. CHANGES TO THIS AGREEMENT OR THE SERVICES.
Cox will provide you with written notice of any changes that Cox determines are material to your Services or this Agreement consistent with applicable law. Cox may provide you with such written notice (i) by sending it via U.S. Mail or commercial mail (e.g. FedEx, UPS) to your last known billing address in Cox’s account records, (ii) by including the notice on or with your Cox bill, (iii) by sending notice to your email address on Cox’s account records if permitted by applicable law, (iv) by hand delivery, or (v) by other permitted communication, and you agree that any of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. All such changes will become effective as of the date specified on the written notice and the updated Agreement will be posted on the Cox Website. You agree to regularly check your postal mail, e-mail and all postings on the Cox Website or another website about which you have been notified or you bear the risk of failing to do so. Customer also may request a copy of the revised Agreement by calling Cox at the number listed in Customer’s monthly bill. The updated version of this Agreement on the Cox Website will supersede any prior version of this Agreement. You agree that your sole recourse if you do not accept any such material change to your Services or this Agreement is to terminate this Agreement within thirty (30) days of our notice to you. Cancellation within the 30 day period does not waive Customer’s obligation to pay for Services used up to the date of cancellation. Your continued use of the Services after such thirty (30) day period will constitute your Acceptance of this Agreement as modified.
IF CUSTOMER CONTINUES TO SUBSCRIBE TO, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AGREEMENT, OR SERVICE TERMS OR CONDITIONS, THIS CONSTITUTES CUSTOMER’S AGREEMENT TO THE CHANGES.
a. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
b. Acts Beyond Cox’s Control Cox will not be liable for delays, damages, or failures in performance due to Cox’s routine maintenance and testing of the Services that Cox provides to Customer or to causes beyond Cox’s reasonable control, including, but not limited to, acts of a regulatory or governmental body, civil commotion, acts of God, acts of third parties, fires, floods, power blackouts, earthquakes, explosions, volcanic action, cable cuts by third parties, strikes or other labor disputes, embargo, war or acts of terrorism, acts or omissions of carriers or suppliers, or inability to obtain necessary equipment or services. The use and restoration of service in emergencies shall in all cases be subject to the priority system specified in Part 64, Subpart D, of Chapter 47 of the Code of Federal Regulations.
c. Assignment. Cox may, in its sole discretion, assign all or part of Cox’s rights or duties under this Agreement without notifying Customer. If Cox does that, Cox has no further obligations to Customer. Customer may not assign all or any part of this Agreement or the Services without Cox’s prior written consent, which Cox may withhold in its discretion. Any attempted assignment in violation of this Agreement shall be null and void.
d. Notices. Notices from Customer to Cox must be provided as specified in this Agreement. Notice from Customer to Cox made by calling Cox is effective as of the date that Cox’s records show that Cox received Customer’s call. Notices from Cox to Customer under this Agreement may be provided by any of the notice methods described in this Agreement.
e. Severability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
f. Governing Law. This Agreement will be governed by the law of the State where Customer receives services.
g. Use of recording devices. Customers may use recording devices to record telephone conversations transmitted over the Services at their own risk; provided such use complies with all applicable federal, state and local laws.
i. Entire Agreement. This Agreement, including any prices, terms and/or conditions and the Other Service Agreements are expressly incorporated herein and constitutes the entire agreement between Customer and Cox with respect to the subject matter herein and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 10 above. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither Customer nor Cox is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
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