Terms & Conditions
- SERVICE: Paging service is available within the range of the paging company’s transmitters located in the coverage area, which is subject to change without notice. Service is subject to transmission limitations caused by atmospheric and like conditions and availability of radio frequency channels. Service may be temporarily suspended or limited because of system capacity. Service may be temporarily interrupted or curtailed due to equipment modification, upgrades, relocations, repairs, and/or similar activities necessary for the proper or improved operation of the service. On a periodic basis a routine backup and/or maintenance is performed on the Telephone Answering Service (TAS) system (for approximately 60 to 180 minutes) between the hours of 10 p.m. to 4 a.m. during which time service may be interrupted and calls to subscriber’s number cannot be answered. Subscriber agrees that Global Messaging Network, Inc. (“GMN” or “we”, “us” or “our”) is not required to notify it and the active customer base of any foregoing interruptions, suspensions, curtailments and/or failures and that GMN has no liability for any damage or loss resulting therefrom. Subscriber acknowledges that the equipment and service are for legitimate business purposes only.
- SERVICE NUMBERS: Subscriber has no property rights in any GMN number. GMN may assign, designate, or change such number when, in its’ sole discretion, it is reasonably necessary in the conduct of its business to do so without liability to subscriber. Subscriber may not advertise any telephone number which terminates/rings into the GMN telephone answering system on television or radio without the prior written consent of GMN. GMN reserves the right to suspend service without notice should such event occur, and such event carries a penalty of $500 for each day such advertising generates call traffic to the GMN system. Subscriber may not advertise any GMN telephone number without the prior written authorization of GMN.
- TERM: The term of this agreement shall commence upon delivery of the equipment to subscriber or commencement of paging and/or telemessaging service, whichever occurs first, and shall continue for a period of two (2) months. This agreement shall be automatically renewed after the initial term hereof for successive periods of one month, until terminated by either party by notice to the other party given as provided in paragraph 16; provided however, that termination by a subscriber who leases Equipment shall be effective only upon return of the Equipment to GMN. Subscriber shall give GMN thirty (30) days advance written notice of cancellation of service. Failure to provide such notice shall result in the continuation of all charges until termination of the next full thirty (30) day period after such appropriate notice is given.
- PAYMENT OF CHARGES: Subscription fees and/or monthly charges shall be paid to GMN in advance of the initial term or any successive term hereof. Any other charges not included in such payments, such as charges for minutes or messages in excess of the minimum specified on the face hereof, shall be paid by subscriber immediately upon receipt of a statement therefor.
- GENERAL PROVISIONS: Subscriber shall provide insurance on the full value, plus sales tax of the leased equipment and, except as otherwise provided herein, pay all costs and damages incurred by GMN as a result of the loss, theft, conversion or damage beyond normal wear or use of the leased equipment. Subscriber shall pay all reasonable attorney’s fees, in the event of any default by subscriber that requires legal action by GMN.
- CARE OF EQUIPMENT: Subscriber shall use any equipment leased hereunder in a careful and proper manner and shall comply with all laws, ordinances and regulations relating to the possessions, use or maintenance of the equipment.
- LABELS: If GMN supplies the leased equipment with labels, plates or other markings indicating that any equipment leased hereunder is owned by GMN, subscriber shall not remove, or cause to be removed, same, and subscriber shall notify GMN in the event that such labels, plates or other markings have been removed.
- OTHER PROVISIONS APPLICABLE TO LEASED EQUIPMENT: Any equipment leased hereunder is, and at all times shall remain the sole and exclusive property of GMN. Subscriber shall notify GMN of location of any leased equipment whenever requested by GMN, and GMN shall have the right, at any time during normal business hours, to enter the premises where such equipment is kept for the purpose of inspecting the same and observing its use. The subscriber shall keep the equipment leased hereunder free and clear of all liens, claims, levies, or notices of attachments or their encumbrances. Subscriber shall give GMN immediate written notice of any attachment or other judicial proceeding affecting the equipment leased hereunder. Subscriber shall pay all personal property, sales and use taxes and other taxes relating to the equipment provided hereunder. In the event subscriber fails to pay any such amounts, GMN may, but is not obligated, to pay the same. Any amounts so paid shall be repayable to GMN with the next payment due hereunder, together with interest at the rate of 18% per annum.
- REPAIRS: In the event of any malfunction of the equipment leased hereunder, subscriber shall return the equipment to GMN. GMN will, at its option, repair or replace any defective part of the leased equipment, which fails to function properly under normal use or replace the defective equipment. GMN has no obligation to replace or repair any item of leased equipment if the malfunction arises from misuse, tampering, unauthorized repair, modification, or accident, or if the equipment was damaged due to exposure to water or any chemical or liquid.
- DISCLAIMER OF WARRANTY: GMN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE EQUIPMENT, TELEMESSAGING OR PAGING SERVICES, INCLUDING ANY IMPLIED WARRANTY OF THE MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
- RELEASE AND INDEMNIFICATION: GMN shall not be liable to subscriber or any third party for any losses or damages, whether direct, consequential or incidental, whether directly or indirectly caused by performance or nonperformance of GMN or its subcontractors, agents or employees, or by malfunction of the equipment. Subscriber shall indemnify, defend and hold GMN harmless against any and all claims, actions, suits, proceedings, expenses, damages and costs (including reasonable attorney’s fees), and all other liabilities arising out of or in connection with the equipment or paging and telemessaging service, regardless of cause.
- FORCE MAJEURE: GMN shall not be liable for any interruptions in providing service hereunder caused by equipment or electrical failure, computer malfunction, strikes, riots, war, governmental acts, fire, acts of God, or any other event beyond the control of GMN, and GMN will not be required to furnish service to subscriber while any such events exist.
- RISKS OF DAMAGE: Subscriber shall bear all risk of loss or damage to the leased equipment, however occasioned. No loss or damage to the leased equipment shall relieve subscriber from any of subscriber’s obligations hereunder, which shall remain in full force and effect until terminated in accordance herewith.
- DEFAULTS: If subscriber fails to pay any amount hereunder when due and such failure continues unremedied for a period of fifteen (15) days, or if subscriber fails to perform any of its other obligations hereunder and such failure continues unremedied for a period of fifteen (15) days after notice thereof is given by GMN to subscriber, then GMN shall have the right to exercise any one or more of the following remedies:
- terminate this agreement
- declare the entire amount remaining unpaid hereunder for the balance of the term hereof at once due and payable without notice or demand;
- sue for and recover all payments then accrued or thereafter accruing with respect to the equipment and/or services
- pursue any other remedy available at law or in equity, including the suspension of service to subscriber. Subscriber agrees to pay GMN amount equal to all costs and expenses incurred to enforce any or all of the above including, but not limited to, reasonable attorney’s fees incurred in enforcing its rights after a default by subscriber.
- debit the entire balance due without further notice, from subscriber’s checking account via check draft, electronic means or any other legal means.
- Global Messaging Network, Inc. is authorized to charge bank checking account as if I had personally signed a check to Global Messaging Network, Inc. for any outstanding monies owed to Global Messaging Network, Inc that are not paid by the end of each billing cycle.
- Global Messaging Network, Inc. is authorized to charge my credit card account for any outstanding monies owed to Global Messaging Network, Inc that are not paid by the end of each billing cycle.
- RETURN OF EQUIPMENT: Upon the expiration or earlier termination of this agreement, subscriber shall return the leased equipment to the principal office of GMN, in good working order, condition and repair (ordinary wear and tear resulting from proper use thereof alone excepted). As provided above, the obligations of a subscriber leasing equipment shall not terminate until the equipment is so returned to GMN.
- NOTICES: All notices hereunder shall be in writing and shall be deemed delivered when personally served or when deposited in the United States mail, 1st class postage prepaid, addressed to the party for whom it is intended at such party’s address on the reverse hereof, or to such other address as either party may designate by notice to the given in accordance with this section.
- ASSIGNABILITY: This agreement may be assigned by GMN but may not be assigned by subscriber without the express prior written consent of GMN.
- REMEDIES AND SEVERABILITY: All rights and remedies of GMN hereunder are cumulative and may be exercised concurrently or separately. If any provision of this agreement, or the application of any person or circumstance, shall be held invalid, the remainder of this agreement, or the application thereof to persons or circumstances other than those as to which it is held invalid, shall remain in full force and effect.
- GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree that any suit with respect to this agreement shall be brought in the courts of California.
- ALL SUBSCRIBERS SHALL BE SUBJECT TO A CREDIT INVESTIGATION.
- WARRANTY AND PAGER MAINTENANCE PROGRAM: Warranty and pager maintenance program for equipment sold only by GMN (COAM). All pagers sold by (GMN) in the State of California are covered by a limited 30-day warranty.
CERTIFICATE OF WARRANTY
This warranty is applicable only to the equipment sold in California. The time period of this warranty starts from the date of original purchase and expires thirty (30) days from the date of purchase. Any part which, because of manufacturing defects or workmanship, fails to function properly under normal use, will be repaired at no charge for parts and labor, or at our option, the product will be replaced. Not covered by this warranty are: 1) Consequential damages from malfunction or loss of equipment; 2) Malfunctions resulting from misuse, tampering, unauthorized repairs, modifications, or accidents; 3) Damage to the product resulting from immersion in, or exposure to water, or any chemical or liquid. When service is needed, package the product using ample padding materials to prevent damage in transmit, and ship it prepaid to Global Messaging Network at the address indicated on the front of this agreement. When sending in a product for service, your package should include the following: 1) Evidence/proof of date of purchase 2) Detailed description of the problem 3) Your name, telephone # and account #. When service is completed, GMN will return your product to you prepaid if covered by warranty. You may also bring in equipment to our physical location during normal business hours.
- PAGER MAINTENANCE PROGRAM: When you originally purchase your pager(s) from GMN, you may take advantage of the optional pager maintenance program offered for as long as you are a GMN customer. For customers covered under the GMN pager maintenance program, any internal part, which fails to function properly under normal use, will be repaired at no charge for parts and labor. The GMN pager maintenance program does not cover cosmetic repairs or consequential damages from malfunction or loss of equipment, nor does it provide for no-charge repair of:
- Malfunctions resulting from misuse, tampering, unauthorized repairs, modifications or accidents;
- Damage resulting from immersion in, or exposure to water or any chemical liquid;
- SUBSCRIBER DEPOSITS: GMN will return deposits after termination or cancellation of the service or upon the return of the GMN equipment as noted herein, less any sums then due and/or owing GMN. No interest will be paid on any deposit or advance payment.
The monthly service charges will be higher if usage exceeds the specified plan allowance. Applicable taxes will be added to all invoices.
GLOBAL MESSAGING NETWORK, Inc. IS NOT A PUBLIC UTILITY OR COMMON CARRIER.