Legal Notices

Regulatory Information

Tariff Information

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Rate Plans

Service Agreements


Regulatory Information

Tax Information

General Tax Information

All federal excise taxes, and state and local sales, use and similar taxes are included in the quoted rates for debit card calls.

For all other calls, all state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items on the Customer's bill and are not included in the quoted rates and charges set forth in this tariff.

To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, insofar as practicable and allowed by law, be billed pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government.

The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund (USF), the Presubscribed Interexchange Carrier Charge (PICC), and compensation to pay telephone service providers for the use of their pay telephones to access the Company's service. Public Pay Telephone Surcharge General Tax is charged in order to recover the Company's expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company's services.

Public Pay Telephone

Surcharge, which is in addition to standard tariffed usage charges and any other applicable service charges associated with the Company's service.

Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and other interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using the "#" symbol).

Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone.

The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Universal Service Fund Fee (USF)

Maximum Rate per Call: Up to $0.72 (varies by state)

Universal Service Fund Fee (USF)

Telecommunications services provided by the Company are subject to an undiscountable monthly Universal Service Fund Fee that is set quarterly by the FCC for both Business and Residential customers.

The USF Fee will not be applied to services sold by the Company to a Customer for resale for which the Customer has filed a Universal Service Worksheet, unless the Customer has a de minimis exemption which exempts the Customer from paying directly into the fund. These percentages will be subject to periodic adjustment.

Presubscribed Interexchange Carrier Charge (PICC)

For any telephone line, automatic number identification (ANI), terminal, extension, or equivalent for which the Company is designated by the Local Exchange Carrier, cellular service provider, personal communications service provider, or other similar entity to be a Customer's Primary Interexchange Carrier (PIC), the Company will assess the Customer a monthly recurring charge, called a Presubscribed Interexchange Carrier Charge (PICC), for each line or equivalent, that the Company is so designated. The aggregate of these PICCs will not be prorated for a partial month of service, are not subject to any discounting and do not contribute to any monthly minimums. The PICCs charged by the Company are as follows:

Line Type - Monthly Recurring Charge
Per Residential Line - N/A
Residential Additional Lines - N/A
Business Single-Line - N/A
Business Multi-Line - $4.31 per line
Centrex Lines (up to 9 lines) - $4.31 per line
Each Additional Line - $0.48 per line
ISDN BRI - $2.53 per line
ISDN PRI - $21.55 per 24 lines

These charges apply in addition to the usage and other charges that apply to any service included in this tariff.

LEC Billing Fee

$3.99 monthly fee to recover administrative costs associated with LEC invoicing of Interstate and International long distance.

Fed USF Compliance Fee

Beginning April 26, 2010, customers will be assessed a 5.9% fee on Interstate and International charges.

Regulatory and Other Charges Fee

Affinity4 will assess a monthly fee up to $2.99 depending on billing method to recover certain costs associated with state-to-state access charges, and expenses associated with regulatory proceeding and compliance, and billing expenses.

Carrier Cost Recovery Fee

For residential services, Affinity4 will assess a monthly fee up to $4.58 depending on billing method to help defray the overall cost of providing long distance service to consumers. For business services, the monthly fee is up to $4.95.

Cost Recovery Fee

For certain direct billed customers who signed up for the 9.9¢ Savings Plan from October 1, 2008 through August 20, 2009, Affinity4 will assess a cost recovery fee of $1.49 when a bill is generated.  This fee may be waived if a customer signs up for online bill delivery and payment. If you have any questions about the above taxes, surcharges, fees or other charges, please contact Customer Service at 800-800-7550.

Carrier Access Charge – Business Services

A monthly fee to help defray the cost of long distance access charges, expenses associate with regulatory proceedings and compliance, and account servicing charges (e.g. billing expenses). The fee also covers miscellaneous charges Amerivision is paying to a governmental or quasi-governmental agency, including Federal TRS, Federal North American Numbering Plan, Federal Local Number Portability, Federal Statement of Work (part of FLNP), property taxes in states, and other State PUC fees.

For customer who activated before August 20, the charge is $4.31 per line; activations after August 20, the charge is 7.5% of all long distance usage.




Billing and Payment for Service Info

Billing

All Affinity4 Business Service and Global Response calls are subject to a 30 second minimum and are billed in 6 second increments thereafter. All Affinity4 Residential Plans, Prepaid Calling Card, and Calling Card calls, unless otherwise noted in this tariff, are subject to a one-minute minimum and are billed in one minute increments thereafter.

All calls are rounded up to the nearest cent.

The switch is capable of detecting hardware and software answer supervision. Short duration calls, including, but not limited to, calls to a business telephone number, beeper, fax, modem or terminations to an answering device, are deemed to be completed calls and therefore billable.

Payment for Service

Payment is due on the due date indicated on the invoice. Such payment shall be deemed delinquent after 30-days or the due date on the invoice, whichever is sooner.

The Customer is responsible for payment of all charges for services and equipment furnished to the Customer or to an Authorized User of the Customer by the Company. All charges due by the Customer are payable to the Company or to the Company's authorized billing agent (such as a local exchange telephone company). Bills are due and payable on the due date indicated on the invoice. Any objections to billed charges must be reported to the Company or its billing agent within thirty (30) calendar days after receipt of bill. Adjustments to Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. No charges may be contested after expiration of the 30 day period. Disputed charges must be in writing and supported by detailed documentation showing the difference between the billed charges and the amount the Customer purports the charges to be. Short duration calls are deemed to be completed calls and are not subject to dispute.

All applicable taxes will be billed to the Customer unless the Customer can demonstrate to the Company's satisfaction that the Customer is collecting the applicable taxes from its customers.

In the event that the Company incurs fees or expenses, including attorney's and/or paralegal's fees, for collecting, or attempting to collect, any charges owed to the Company, the Company may charge the Customer all such fees and expenses reasonably incurred, including a late fee on the unpaid charges.

Interest at the lesser of (1) the rate of one and one-half percent (1.5%) per month, or (2) the highest rate allowed by law per month shall accrue upon any unpaid amount commencing thirty (30) days after the date of the bill for the amount first sent. Such interest is separate and distinct from attorney and/or paralegal fees and other costs incurred in collecting charges owed to the Company.

The Company reserves the right to assess a charge of twenty dollars ($20.00) whenever a check or draft presented for payment of service is not accepted by the institution on which it is written.

The Company reserves the right to back-bill Customers for any undercharge for a period of up to one year.

If a Customer accumulates undisputed delinquent charges, the Company reserves the right not to honor that Customer's request for a change in service or billing name or address until such undisputed charges are paid in full.

Where a Customer has multiple accounts under the same name and is delinquent on one or more of those accounts, the balance due on the delinquent accounts may be added to the Customer's non-delinquent accounts.

Deposits

Each applicant for service will be required to establish credit. Any applicant whose credit has not been established to the sole and exclusive satisfaction of the Company may be required to make a deposit to be held as a guarantee of payment of charges. An existing Customer may be required to make a deposit or increase a deposit presently held. The deposit may be held for as long as the financial condition or creditworthiness of the Customer is considered to be unsatisfactory to the Company.

The fact that a deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.

Interest on a cash deposit will be paid to a Customer for the period that the cash deposit is held by the Company. The interest rate used will be simple interest at the rate of six percent (6%) annually, unless a different rate has been established by the appropriate legal authority in the state where the Customer is billed.

Advance Payments

The Company reserves the right to require an advance payment from a Customer instead of, or in addition to, a deposit. The advance payment shall be in amount equal to or less than two months estimated billing.

Interconnection with Other Carriers

Service furnished by the Company may be connected with the services or facilities of other carriers. Such service or facilities, if used, are provided under the terms, rates and conditions of the other carrier. The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

Refusal or Discontinuance by Company

  • The Company may refuse or discontinue service for noncompliance with and/or violation of any Federal, State or municipal law, ordinance or regulation pertaining to telephone service. Service may also be discontinued or refused for the following conditions:
  • For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company.
  • For non-compliance with and/or violation of the Commission's regulations or the Company's rules and regulations.
  • For non-payment of bills for telephone service 30 days after bill rending. The Company may, upon 24 hours advance notice in writing to the Customer, without incurring any liability, discontinue the furnishing of service under this tariff.
  • Without notice in the event of Customer use of equipment in such a manner as to adversely affect the Company's equipment or the Company's service to others.
  • Without notice in the event of tampering with the equipment furnished and owned by the Company.
  • Without notice in the event of unauthorized or fraudulent use of service.

Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.

When necessary the Company will comply with any order or request of any governmental authority having jurisdiction.

Calling Card numbers and Authorization Codes are issued only by the Company to its Customers and may not be sold or otherwise distributed without the written consent of the Company. Any unauthorized or unlawful use of such numbers or Authorization Codes will result in the immediate termination of the service without notice. The Company may block access to any points when fraudulent or unlawful use is substantial.

Two billing options are available

  • Direct Bill: Affinity4 bills customers directly for long distance charges (interstate, intralata and international long distance calls). The charges include long distance calls and applicable taxes and fees.  If you elect to receive a direct paper invoice, you will not receive your first invoice (subsequent invoices) for 90 days or until the total account balance has reached $7.50, whichever comes first.
  • LEC (Local Exchange Carrier) Bill: Affinity4 submits long distance charges to the customer's local exchange carrier (carrier who provides the local service). These charges are for interstate, intralata and international long distance calls. The long distance charges appear on the carrier's bill.

Affinity4 uses a billing clearinghouse called USBI to coordinate long distance billing through the LECs. Affinity4 submits long distance charges to USBI who then sends the charges to the LECs. The long distance charges are located under the "USBI" section on the bill with the language "Charges billed by USBI on behalf of AmeriVision Communications."

Affinity4 recently increased its direct dial and/or inbound toll free intra state rate. This increase was effective in July 2012 (September 2012 for Minnesota customers). If you have any questions please call 1-800-311-2386.


Discontinued Plans

 

3.9 Corporate Savings Plan

  • No Monthly Fee
  • $30.00 minimum bill amount
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 30 second minimum with 6 second increments
  • State-to-state calls are 3.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 10¢ per minute with 10¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

4.9 Corporate Savings Plan

  • No Monthly Fee
  • $30.00 minimum bill amount
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 30 second minimum with 6 second increment
  • State-to-state calls are 4.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 10¢ per minute with 10¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

2.9 Savings Plan

  • $4.95 per month
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 2.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

4.9 Savings Plan

  • $2.95 per month
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 4.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

9.9 Savings Plan

  • No monthly fee
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 9.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

6.9 Value Plan

  • No monthly fee
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 6.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

6.9 Value Plan VIP

  • No monthly fee
  • Charges can either be direct billed by Affinity4or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 6.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

LL Freedom

  • No monthly fee
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 14.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge 

Simple Connections

  • No monthly fee
  • Charges can either be direct billed by Affinity4 or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 18¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 60¢ per minute with 60¢ surcharge


LifeLine Business Plan - Rate Plan B

  • No monthly fee
  • Direct billed by Lifeline Communications
  • 30 second minimum with 6 second increment
  • Sunday state-to-state calls 12.9¢ per minute
  • Peak state-to-state calls are 13.9¢ per minute
  • Off-peak state-to-state calls are 12.9¢ per minute

Rate Plan C

  • Charges appear on your local phone bill
  • 60 second minimum with 60 second increment
  • Sunday state-to-state calls 12.9¢ per minute
  • Peak state-to-state calls are 16.9¢ per minute
  • Off-peak state-to-state calls are 12.9¢ per minute
  • Calling Card: 25¢ per minute with 25¢ surcharge
  • Calling Card: 25¢ per minute

Rate Plan E

  • No monthly fee
  • Charges appear on your local phone bill
  • 60 second minimum with 60 second increment
  • Sunday state-to-state calls 12.9¢ per minute
  • Peak state-to-state calls are 13.9¢ per minute
  • Off-peak state-to-state calls are 12.9¢ per minute
  • Calling Card: 30¢ per minute

LifeLine Savings Plan

  • $4.95 per month
  • Charges can either be direct billed by LifeLine Communications or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 10¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge

LifeLine Connections

  • $3.95 per month
  • Charges can either be direct billed by LifeLine Communications or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 8.9¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 25¢ per minute with 25¢ surcharge
  • Receive $1.00 off monthly fee for credit card payment

Sunday Connections

  • $5.95 per month
  • Charges can either be direct billed by LifeLine Communications or appear on your local phone bill
  • 60 second minimum with 60 second increment
  • State-to-state calls are 6.9¢ per minute Monday - Saturday
  • State-to-state calls are 4.9¢ per minute on Sunday
  • Calling Card: 9.9¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)
  • Toll-Free: 9.9¢ per minute (No setup fee for 1st toll-free number).

Online Connections

  • $4.95 Minimum Monthly Billing Direct Billed Only
  • 60 second minimum with 60 second increment
  • State-to-state calls are 8.9¢ per minute Monday - Saturday
  • State-to-state calls are 6.9¢ per minute on Sunday
  • Calling Card: 14.9¢ per minute with 14.9¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

Family Connections

  • $2.95 Monthly Fee
  • 60 second minimum with 60 second increment
  • State-to-state calls are 7¢ per minute 24 hours a day, 7 days a week
  • Calling Card: 15¢ per minute with 15¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)
  • Toll-Free: 15¢ per minute (No setup fee for 1st toll-free number).

Business Connections

  • $19.95 Minimum Monthly Billing Direct Billed Only
  • 30 second minimum with 6 second increment
  • State-to-state calls are 8.9¢ per minute, 7 days a week Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)
  • Toll-Free: 8.9¢ per minute

Frequent Connections

  • $29.95 Minimum Monthly Billing Direct Billed Only
  • 60 second minimum with 60 second increment
  • State-to-state calls are 6.9¢ per minute Monday - Saturday
  • State-to-state calls are 4.9¢ per minute on Sunday
  • Calling Card: 14.9¢ per minute with 9.9¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)
  • Toll-Free: 6.9¢ per minute (No setup fee for 1st toll-free number).

Toll Free Connections

  • $1.00 Monthy Fee
  • 60 second minimum with 60 second increment
  • Toll-Free: 9.9¢ per minute

LifeLine Priorities

  • 95¢ monthly fee Charges appear on your local phone bill
  • 60 second minimum with 60 second increment
  • Sunday state-to-state calls are 10¢ per minute
  • Peak state-to-state calls are 15¢ per minute
  • Off-peak state-to-state calls are 15¢ per minute
  • Calling Card: 25¢ per minute with 25¢ surcharge
  • Add $3.60 per month for consolidated billing through your local phone company.

Mas Minutos

  • $4.95 monthly fee Direct billed by AmeriVision
  • 60 second minimum with 60 second increment
  • State to state calls are 6.9 cents per minute
  • Toll free: 7.5 cents per minute, one minute increment

SMART 175 VIP

  • $9.99 Minimum Monthly Billing, Direct Billed Only
  • 175 minutes state-to-state long-distance calls included in $9.99 per month fee.
  • Additional Minutes: 10¢ per minute
  • 60 second minimum with 60 second increment
  • Calling Card: 25¢ per minute with 25¢ surcharge (Intrastate rate follows the underlying 1+ rate plan.)

SMART 400 VIP

  • $19.99 Minimum Monthly Billing, Direct Billed Only
  • 400 minutes state-to-state long-distance calls included in $19.99 per month fee.
  • Additional Minutes: 7¢ per minute
  • 60 second minimum with 60 second increment

Service Agreements

GENERAL TERMS AND CONDITIONS APPLICABLE TO AMERIVISION COMMUNICATIONS, INC. d/b/a AFFINITY 4's RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA

Please read this important message carefully. Effective January 1, 2010 subject to the approval of the California Public Utilities Commission (CPUC), the prices, service descriptions, terms and conditions for most retail services provided by Amerivision Communications, Inc. d/b/a Affinity 4 ("Affinity 4") will no longer be on file with the CPUC. Instead, the prices, service descriptions and terms and conditions applicable to these services will be set forth in a Service Agreement. Some services are not affected, such as basic residential service, 911 services and your choice of a long distance provider. Your use of Affinty4 Services (as defined below) will constitute your agreement to be bound by the charges, terms and conditions set forth in the Service Agreement (as defined below), including the general terms and conditions set forth below. For customers already subscribing to Affinty4 Services, you will no longer be governed by tariffs on file with any regulatory commission, but instead will be governed by the Service Agreement. If you do not accept the provisions of the Service Agreement, your option is to cancel your services subject to this agreement by calling toll free 1-800-800-7550 for residential and business customers, or writing to Amerivision Communications, Inc. d/b/a Affinity 4 at 999 Waterside Drive, Suite 1910, Norfolk, Virginia 23510. You will be responsible for all usage charges, non-recurring charges, early termination charges under other agreements for Affinty4 products such as Affinty4 4.9¢ Advantage Charge; Affinty4 2.9¢ Advantage Charge; Affinty4 9.9¢ Advantage Charge; Affinty4 3.9¢ Business Advantage Charge; Affinty4 2.9¢ Business Advantage Charge; Affinty4 3.9¢ Advantage Charge; Affinity4 Outbound Long Distance and the pro rata portion of monthly recurring charges incurred prior to the effective date of the cancellation. There will be no changes to your monthly services unless, by December 15, 2009, you notify Affinity4 to make changes to or cancel any of the detariffed services offered by the Company.

This document does not include the complete Service Agreement, which contains additional terms, including the description, charges, and other terms and conditions applicable to each of the services in the Service Agreement. The following general terms and conditions apply to all services in the Service Agreement. If you are looking for the terms and conditions applicable to specific services, please refer to the Service Agreement on Affinity4's Website at http://www.affinity4.com.

1. Application

  • a. The Service Agreement sets forth the terms and conditions under which Customers ("Customer", "you" or "your") agree to use the Services (as defined below) and under which Affinity4", "Company" or "we") agrees to provide the Services to Customers, unless otherwise noted.
  • b. The Service Agreement is set forth on Affinity4's website (the "Website") at http://www.affinity4.com and you may request a printed copy of the terms and conditions applicable to the ordered Service by telephoning or writing Affinty4 at the above telephone numbers or address. Translation services are available Toll free number 1-800-800-7550.

GENERAL TERMS AND CONDITIONS APPLICABLE TO AMERIVISION COMMUNICATIONS, INC. d/b/a AFFINITY 4's RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA

  • c. The Service Agreement becomes a binding contract following your acceptance of the terms and conditions applicable to the ordered Service. You are deemed to have accepted the terms of the Service Agreement applicable to your Service upon your use of the Service following notification to you of the availability of the Service Agreement either at the Affinty4 Website or by telephone, by email, by mail or other communication.
  • d. Unless expressly stated otherwise, the Service Agreement applies to Customers who have entered into a separate agreement for Services for a specified time period; provided, however, in the event of a conflict between the terms in the separate agreement and the terms in the Service Agreement, the terms in the separate agreement shall control with respect to Services subject to that agreement. If you have an agreement, the terms and conditions of the agreement prevail over the Service Agreement.

2. General Terms and Conditions

  • a. Services. "Service" or "Services" means all retail telecommunications products or services offered by Affinty4 in California. Services do not include non-telecommunication services, such as High Speed Internet, which were not included in Affinty4 California intrastate tariff prior to January 1, 2010 and which are provided pursuant to federal tariffs or other oral or written agreements.
  • b. Prices. You are responsible for all charges associated with the Services and rate plan selected, including all taxes, usage charges, telecommunications surcharges (e.g., Universal Service Fund fees) or other applicable governmental charges due on account of the Services. Such taxes, fees and/or surcharges are subject to change without notice to Customer, except as may be required by law. Charges for ancillary services, including but not limited to, charges for installation, change orders, directory assistance and operator services used by Customer will be imposed at Affinty4 current rates and such charges are also subject to change without notice to Customer, except as may be required by law. Promotional pricing and terms will expire in accordance with the terms applicable to each promotion, without further notice to you.
  • c. Credit Check. Customer authorizes Affinty4 to conduct a credit search when ordering new or additional services, which Affinty4 will use to determine the credit worthiness of the Customer.
  • d. Service Use. Affinty4 shall not be liable for any damages, including charges for Services that Customer may incur as a result of the use of the Services by Customer's family, guests, employees, third parties or the public. Customer shall remain responsible for such charges. Affinty4 reserves the right to discontinue or deny Service because of misuse or fraudulent use of the Services.

GENERAL TERMS AND CONDITIONS APPLICABLE TO AMERIVISION COMMUNICATIONS, INC. d/b/a AFFINITY 4's RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA

  • e. Indemnification. Customer agrees to indemnify and hold our employees, affiliates and agents harmless from losses, claims, demands, damages, expenses (including reasonable attorneys' fees), or any liability whatsoever arising from any use of the Services by you or any person you permit to use the Services, including without limitation, liability resulting from the content of communication such as defamation, fraud or invasion of privacy, any combination of the Services with other products or services not provided by Affinty4, any modification of the Services or any infringement of intellectual property.
  • f. Warranty Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SERVICE AGREEMENT OR OTHER WRITTEN AGREEMENT AFFINTY4, AFFINTY4 DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NON-INFRINGEMENT. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFFINTY4 DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, OR WILL BE UNINTERRUPTED, ERROR-FREE.

g. Limitation of Liability

  • (1) Except for damages resulting from the unauthorized or illegal use of the services by you or your family, guests or employees, neither party (nor its suppliers or affiliates) shall be liable to the other party for punitive, special, consequential, incidental or indirect damages including without limitation, loss of business profits, or other commercial or economic loss arising out of the use or inability to use the services, even if the party has been advised of the possibility of such damages.
  • (2) Affinty4's liability to you for any other damages due to failures or disruptions in the services arising from our negligence or breach of our obligations under the Service Agreement shall be limited to the charges for the services affected by the failure for the period of such failure. This liability shall be in addition to any amounts that may otherwise be due you under the terms of the Service Agreement as an allowance for interruptions.
  • (3) In the event the disclaimer of certain warranties, the limitation of liability or the exclusion of certain damages or any portions thereof, are unenforceable for any reason, our liability shall be limited to the maximum extent permitted by law.

GENERAL TERMS AND CONDITIONS APPLICABLE TO AMERIVISION COMMUNICATIONS, INC. d/b/a AFFINITY 4's RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA

  • h. Termination of Services. Affinty4 may discontinue or limit use of the Services by a Customer without liability and without notice, for the following reasons: a) The Services are being used in violation of any applicable law or regulation; b) The Services are being used in an unauthorized or fraudulent manner; c) The use of the Services adversely affects Affinty4's equipment or its service to others; d) Such action is necessary to meet the exigencies of an emergency. Affinty4 may discontinue the Services without liability and with notice as required by law if a) Customer fails to pay undisputed charges for Services provided; b) Customer fails to perform any other material obligation or violates any material term or condition of this Service Agreement, and such failure or violation is not cured within thirty (30) calendar days following notice by Affinty4; or c) Affinty4 has other good cause to terminate service. Termination of the Services, for any cause, shall not release Customer from any liability which at the time of termination had already accrued to Customer or which thereafter accrues for any act or omission occurring prior to the termination or from an obligation which, by its nature, survives termination.
  • i. Performance Excused. Affinty4's performance shall be excused if said performance is delayed or prevented due to events known as force majeure, acts of any third party, or any cause(s) beyond our reasonable control, including, but not limited to, fire, vandalism, floods, storms, natural disasters, cut cable, terrorism, power failures or labor difficulties.
  • j. Customer Responsibilities. You agree to provide us with the access and support required to allow us to implement, maintain and provide the Services. You shall ensure that the facilities or equipment provided by you are properly interconnected with the Services, facilities and equipment provided by Affinty4. Affinty4 shall not be liable for any damages or losses caused by the failure of equipment, inside wire or other facilities provided by you or a third party and you shall be liable if such facilities cause damage to Affinty4, our customers, and/or our providers. You are solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of Services and Affinty4 shall have no liability therefore.
  • k. Miscellaneous. (1) The Service Agreement, including these general terms and conditions, constitutes the entire agreement of the parties with respect to the Services and takes the place of all prior agreements, negotiations, and representations, whether written or oral, concerning the Services. Affinty4 may revise the terms and conditions of this Service Agreement. We may decrease prices without prior notice. Increases to the prices or material changes to the Service Agreement shall be effective no sooner than thirty (30) days after notice is provided in a bill insert, as a message printed on your bill, in a separate mailing, by Email. If you do not agree to the revision(s), you must terminate your Service(s) immediately by contacting Affinty4 at the above telephone numbers or address, subject to the termination provisions of the Service Agreement. By continuing to use the Services subject to this agreement after revisions are in effect, you are accepting and agreeing to all revisions. If you have an agreement, the terms and conditions of the agreement prevail over the Service Agreement.

GENERAL TERMS AND CONDITIONS APPLICABLE TO AMERIVISION COMMUNICATIONS, INC. d/b/a AFFINITY 4's RETAIL TELECOMMUNICATION SERVICES IN CALIFORNIA

  • (2) Either party's failure to enforce any of the provisions of the Service Agreement or to exercise any right or option is not a waiver of any such provision, right, or option, and shall not affect the validity of the Service Agreement. Any waiver must be written and signed by the Parties. The invalidity or unenforceability of any part of the Service Agreement will not affect the other parts thereof, and the remaining terms and conditions of the Service Agreement shall continue to apply as necessary to reflect the original intention of the parties.
  • (3) Customer shall not transfer, assign or resell the Services without the prior written consent of Affinty4. Affinty4 may freely assign or transfer all or part of our rights under the Service Agreement without notice.
  • (4) This Service Agreement shall not provide any third party with a remedy, claim or right of reimbursement.
  • (5) Services are offered in locations where made available by Affinty4 in its sole discretion.
  • (6) No waiver of any breach of this Service Agreement will be deemed a waiver of any future breach.
  • (7) Nothing in this agreement shall prevent a customer from filing a complaint with the CPUC. If you wish to file a complaint you may do so by contacting the CPUC online at www.cpuc.ca.gov or by calling 1-800-649-7570 or in writing to Consumer Affairs Branch, 505 Van Ness Avenue, San Francisco, CA 94102.