Service / Pricing / Returns

    1. In addition to the General Terms and Conditions posted on www.nexogy.com/legal, NEXOGY agrees to provide Customer with hosted PBX services for local and long distance telecommunication services, internet services, call recording capabilities, and/or any other services selected and attached hereto as Exhibit A and on any future amendments during the Term and successive terms (collectively "Service" or "Services"). In addition, NEXOGY agrees to comply with the Service Level Agreement posted on NEXOGY'S website, www.nexogy.com ("Website") and specifically at www.nexogy.com/legal, and which is an exhibit to this Agreement and is hereby incorporated by reference into this Agreement. All Services and Products purchased after the Effective Date of this Agreement shall be subject to this Agreement, as amended. In the event Customer terminates a Service, including without limitation Data Service as defined below (subject to paragraph 4(b)), prior to the start of Service date ("Installation Date" or "Start of Service Date") or subsequent thereto, Customer shall pay NEXOGY: (1) the price set by NEXOGY for phones, equipment, hardware or products financed or leased by NEXOGY to Customer, (2) all third party charges paid or incurred by NEXOGY as a result of the termination and arising out of this Agreement, including without limitation the Data Service Termination Fee if the Data Service is terminated on or before the Installation Date (there may be additional fees charged by third parties for termination of Data Service) and all other amounts paid or owed to third parties by NEXOGY in connection with the purchase, lease or providing of equipment, phones, hardware or products to Customer as a result of this Agreement (excluding the amount paid by NEXOGY for the phones which is part of the price set by NEXOGY for the phones and to be paid by the Customer as set forth above in Section 2a1, in addition to (3) all other amounts recoverable under this Agreement or under applicable law. Customer shall pay for all products and hardware listed on Exhibit A in connection with the Services.                                                                          Unless set forth herein, prices for NEXOGY Services are listed in Exhibit A. Customer accepts that the activation fee is non-refundable and immediately due upon entering into this Agreement. Prices are exclusive of all sales, use and other taxes and government and regulatory fees. Customer is responsible for any pertinent federal, state, municipal, local or government sales, use, excise or other taxes, fees or charges as a result of Customer’s subscription to Service or a relevant later enacted regulation. NEXOGY may request references and other information from Customer to establish creditworthiness.  If NEXOGY decides that Customer is not creditworthy, it may request payment in advance.  
    2. NEXOGY offers unlimited monthly plans for some of its products and Services. An unlimited plan provides Customer with unlimited calling within continental U.S. and Canada and is subject to the terms and restrictions of the Use Policy set forth below and other restrictions described in this Agreement. If, for any reason, NEXOGY believes that Customer is using the unlimited plan for a prohibited purpose and/or Customer call usage violates the Use Policy, then NEXOGY may, in its sole discretion with or without notice, either terminate Customer unlimited plan or immediately convert Customer’s unlimited plan to a metered plan.
    3. Only the directors, officers, and employees of Customer shall utilize the network connection provided by NEXOGY. Customer may not sell, lease, license, rent, or assign the connection or any parts of the connection to any party not named in this Agreement.
    4. Customer agrees that NEXOGY shall accept the return of a telephone purchased from NEXOGY by Customer within thirty (30) day period after the date the telephone is purchased from NEXOGY by Customer. In addition, NEXOGY shall only accept such return if the telephone is returned in its original unopened and not damaged package. Customer shall pay NEXOGY a thirty dollar ($30.00) restocking fee for the return of any such telephone within the thirty (30) day period after the date the telephone is purchased from NEXOGY. Without limiting the foregoing and NEXOGY's rights to amounts owed upon termination, NEXOGY may demand the return of a phone in the event of a termination without setoff or credit to amounts owed arising out of said termination.
    5. Notwithstanding anything contrary herein, if at any time during the Term of this Agreement, as renewed, Customer elects to suspend temporarily or cancel permanently any phone line purchased by Customer from NEXOGY during the Term of this Agreement, as renewed, the following fees, which may be changed periodically by Nexogy, shall apply:
      1. In the event Customer elects to cancel any Service purchased from NEXOGY, Customer shall pay to NEXOGY a one-time cancellation fee equivalent to 3 months of charges for the Service being cancelled (“Cancellation Fee”) in addition to the price set by Nexogy for phones, equipment, hardware or products financed or leased by NEXOGY to Customer and all other amounts paid or incurred by NEXOGY concerning the phone, hardware, equipment or product that is leased, sold or provided along with or bundled with the Service and all prepaid fees and amounts previously charged for the Service without refund or reduction in said amounts for any reason, including as a result of the cancellation of the Service prior to the end of the respective month. 
      2. Any Cancellation Fee and all other amounts owed shall be paid to NEXOGY on or before the same date as amounts due and owing to NEXOGY for Services provided to Customer pursuant to NEXOGY’s Monthly Invoice.  If at any time, Customer cancels more than fifty percent (50%) of the total Monthly Invoice Customer has purchased from NEXOGY, Customer shall be considered to be in breach of this Agreement and NEXOGY may enforce all rights and remedies herein, including as set forth in Section 4, and as permitted by applicable law. 
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