Services
All services are provided by MessageLink
Communications and accepted by subscriber for a minimum of one month for monthly
invoiced accounts and a minimum of one quarter (three months) for
quarterly invoiced accounts. The term of service (monthly or quarterly)
automatically renews by subscriber paying all service charges in
advance.
Cancellation
/ Termination of Service
Voicemail, Fax to email, Never
Busy Fax, VoIP and other telecommunication services provided
by MessageLink are
continuing services, similar to other utility services and telephone
services, and continue under the original terms and conditions,
until a written notice of cancellation is received by MessageLink
Communications Corporation. While service may be cancelled
at any time, any cancellation of service must be in writing and
signed with a one (1) month or
30 day written notice prior to service renewal. Cancellation
notice may be sent by fax to 602-277-0153, by completing
our contact form, or by mailing written notice to our office.
Telephone cancellation notices cannot be accepted. Without written
cancellation
notice,
service will still be billed and payable. Accounts pre-paid quarterly,
semi-annually or annually will be re-rated to the appropriate
rate
if service is cancelled prior to the end of the paid or discounted
period.
Billing
Base service charges for all services are invoiced in advance
and any usage sensitive billing increments including, but not limited
to fax over pages, 800 usage, long distance, etc. are invoiced as
incurred. Payment of all invoices are due on the 1st of the month
unless otherwise noted on the invoice. Accounts are considered past
due on the 2nd of the month at which time late fees apply.
Failure
to pay
MesageLink
Communications may temporarily deny service
or terminate this Agreement without notice upon the failure of the
subscriber to pay charges when DUE. Such termination or denial will
not relieve the Subscriber of responsibility for payment of all accrued
charges, plus reasonable interest, late fees, reconnect fees and
/ or deposits.
Billing
Dependencies
In the event of a billing discrepancy, it
is necessary to notify MessageLink billing department within 30 days
of invoice date. No adjustment will be considered after the 30-day
period.
Abuse
Illegal activity will not be tolerated and is grounds for
termination of service without notice. Using a telephone number leased
from MessageLink Communications or a number that is forwarded to
a leased number in any advertising (Radio, TV, or other mass media)
is strictly prohibited without prior written permission. Failure
to obtain written permission or supply a copy of such approved advertising
could result in service interruption without notice in order to maintain
integrity of service for other clients. MessageLink also reserves
the right to limit service based upon the availability of trunk and
computer space.
Reporting Problems
Problems on accounts or service problems should
be reported promptly to MessageLink Communications to ensure timely
repair during normal business hours. Subscribers can report service
problems via this website or by calling MessageLink
Communications at 602-234-2004 or 800-339-6080. Any emergencies called into MessageLink
Communications and addressed during after hours, which are the fault
of another source and not of MessageLink Communications liability,
shall be billed out as a requested service call at a fee of $45 per
emergency response.
Changes
Subscriber
agrees to notify MessageLink Communications in writing promptly
of any changes on subscriber account including,
but not limited to address, email address, contact phone number,
etc. Change notices may be sent by fax to 602-277-0153, by email
to changes@msglink.com, by completing the appropriate form on this
website, or by mailing written notice to our office. Other account
changes to service levels, adding or deleting mailboxes, etc. can
be done over the telephone with Customer Service and usually takes
one (1) business day to complete. Credits or additional charges
are pro-rated from the date of change in service. There is a $15
charge
for re-recording, a $25 charge for program and re-record, and a
minimum of $7.50 change charge for other minor changes including,
but not
limited to change email addresses for message delivery, reset mailbox
for new user, and adding new mailbox to account. There is no charge
to delete a mailbox from an account.
Deposit
Deposits are required for certain services including, but
not limited to 800 service, VoIP service, Long Distance, and other
usage sensitive services. Usage Deposits are refundable upon cancellation
of service after final charges are deducted.
Fees
Checks returned for non-sufficient funds are subject to a $15.00
handling fee. Service interrupted for non-payment is subject to a
$10 reconnect fee for the first phone number and $5.00 reconnect
fee for subsequent phone numbers. Subscriber shall pay a late fee
on all accounts not paid by the due date of each month. The minimum
fee is $3.00 per account. This fee will be charged every month until
the account is current.
Taxes / Telecom Fees
Subscriber is liable for all City, State, Federal and other
telecommunication related taxes and surcharges. These will be
added to your invoices.
Limitation of Liabilities
In view of difficulties that may arise in
the transmission of oral messages by telephone, no liability shall
in any case be attached to the servicing agency and all such risks
are assumed by the subscriber should any service failure or error
occur. MESSAGELINK COMMUNICTIONS DOES NOT MAKE, AND HEREBY DISCLAIMS,
ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE REGARDING OR RELATING TO ANY
OR ALL ASPECTS OF THE SERVICES ENCOMPASSED WITHIN THE TERMS OF THIS
AGREEMENT. IN ALL EVENTS, THE LIABILITY OF MESSAGELINK COMMUNICATIONS
TO ANY PARTY, INCLUDING BUT NOT LIMITED TO THE SUBSCRIBER, SHALL
NOT EXCEED THE AMOUNT PAID BY THE CUSTOEMR BUT UNEARNED AS OF THE
DATE OF EVENTS UPON WHICH ANY CLAIM AGAINST MESSAGELINK COMMUNICATIONS
IS BASED. FUTHER, MESSAGELINK COMMUNICTIONS DISCLAIMS ANY AND ALL
RESPONSIBILITY FOR ANY OTHER DAMAGES, REGARDLESS OF THE THEORY, WHETHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
Lost Passwords
Upon
request and with security verification subscriber may request
that password be reset. There is a $5.00 fee to reset
subscriber password during normal business hours. To reset
a password after hours a $15.00 fee applies.
Assignment / Ownership
Subscriber shall not transfer or assign this
Agreement without the prior written consent of MessageLink Communications.
Subscriber has no proprietary rights to any assigned DID telephone
number or email address supplied through MessageLink Communications
domains.
Privacy
All Information obtained and contained throughout the duration
of this agreement shall be held confidential, except that the company
shall fully cooperate with any law enforcement agency. Illegal, improper
and abusive activities will not be tolerated and company reserves
the right to terminate service without notice if such discovery is
made. Customer information or leased customer telephone numbers will
not be shared or sold to independent companies or individuals for
any marketing purposes or other uses.
Enforcement
This agreement shall be construed and enforced in all
respects in accordance with the laws of Arizona. If any provision
of this agreement is held to be illegal, invalid or unenforceable,
then such provisions shall be deemed null and void, but without
invalidating the remaining provisions thereof.
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