Terms and Conditons

The undersigned states that all statements are true and complete and are made to obtain the services detailed on Vibrant Voice Company. (DBA “Emmix”) Service
Attachments, and that (s) he is authorized to sign on behalf of Customer.
I authorize Emmix to conduct a routine credit check in connection with my application for service. Emmix may use any information obtained through this credit application and other
sources. I understand that such information will be held strictly confidential and will remain Emmix’s property whether or not credit is extended. Further, I understand that service is
contingent upon Emmix’s approval, which may occur after actual activation. By providing my credit card number I agree that Emmix will debit my credit card for all monthly charges.
Failure to pay invoiced amounts on time will result in late payment fees equal to the lesser of (i) one and one half percent (1½ %); or (ii) the maximum rate permitted by law, and
may result in termination of network, maintenance, and warranty services. Customer may reasonably dispute a Emmix invoice up to sixty (60) days from invoice date after such
time all invoices shall be considered final.
Unless otherwise specified, the services covered under this agreement and related service attachments are provided on a thirty-six (36) month basis. At the conclusion of any
term or renewal, the term and these Terms and Conditions shall auto-renew for an additional term of equal length unless cancelled by Customer in writing to Emmix no less than
45 days prior to term expiration. Customer hereby waives any notice required by law relating to this paragraph. ANY DISPUTE OR CONTROVERSY ARISING UNDER, OUT
OF, IN CONNECTION WITH, OR IN RELATION TO THIS AGREEMENT, AND ANY AMENDMENT THEREOF, OR THE BREACH THEREOF, SHALL BE DETERMINED AND
SETTLED BY ARBITRATION BEFORE ONE (1) ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, TO BE
CONDUCTED IN POLK COUNTY ARKANSAS, AND USING THE LAWS OF THE STATE OF ARKANSAS. ANY AWARD RENDERED THEREIN SHALL BE FINAL AND
BINDING UPON EACH AND ALL OF THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT HAVING JURISDICTION THEREOF. ARBITRATION
AND ARBITRATOR FEES SHALL BE BORNE BY THE NON-PREVAILING PARTY. EACH PARTY SHALL BEAR THE COST OF ITS OWN ATTORNEYS' FEES, IF ANY,
EXCEPT IN SUCH CASE WHERE THE ACTION IS TAKEN BY EMMIX FOR THE NON-PAYMENT OF A VALID EMMIX INVOICE, IN WHICH CASE CUSTOMER SHALL BE
RESPONSIBLE FOR ALL REASONABLE ATTORNEYS' FEES IN ADDITION TO ANY AWARD EMMIX MAY RECEIVE.
Services described herein and on Emmix Service Attachments will be provided to the Customer by Emmix pursuant to these Terms and Conditions, and applicable state and
federal tariffs, all of which may be amended from time to time ("Tariffs"). All of the terms and conditions of the Tariffs that are now or may become in effect are incorporated in this
Agreement. If any provision of this form conflicts with any of the terms and conditions of the Tariffs, the provision of this form will govern. Charges and fees, where applicable,
represent current rates that are subject to change without notice and at Emmix’s sole discretion. In no event shall Emmix be liable for direct, special, speculative, incidental or
consequential damages including loss of profits whether based on contract, tort or other legal theory. The obligation of Emmix to provide any of the services hereunder is subject to
availability to Emmix from the applicable underlying network provider. Customer's sole remedy for Emmix’s failure to deliver service shall be a pro rata refund of the monthly fixed
charges Customer has contracted for based on the number of hours Customer was without service. In any case such refund will not exceed the full amount of the monthly fixed
charge. Customer recognizes and accepts that some service issues may be caused by Emmix, its underlying carrier or Customer's equipment. In no event shall Emmix be
responsible for any third party costs incurred by Customer, such as equipment vendor costs, regardless of which party is ultimately determined to have been the cause of the
service or installation issue.
This agreement, and any Emmix Service Attachments, does not constitute a valid offer unless each one is countersigned by an authorized Emmix representative. No change or
modification of any of the terms or conditions herein shall be valid or binding unless in writing and signed by an authorized representative of Emmix. With respect to those
products which Emmix licenses, (hardware, firmware or software, and related documentation) and which are supplied hereunder the word “purchase” or similar or derivative
words is understood to mean “license”, and “Customer” or similar derivative words is understood to mean “licensee”. Title to licensed product shall remain with Emmix,
notwithstanding anything to the contrary herein. Licensing of Emmix software shall be subject to the standard Emmix terms and conditions applicable to the product.
Intrastate rates vary by state. International rates vary by country. Unless approved in writing by an Emmix officer to the contrary, residential usage and conference calling service
will be billed in 60 second billing increments with a 60 second minimum, non-dedicated domestic commercial long distance usage will be billed in 6 second billing increments with a
30 second minimum, dedicated commercial domestic long distance usage will be billed in 6 second billing increments with an 18 second minimum, commercial international usage
will be billed in 6 second billing increments with a 30 second minimum except for Mexico which will be in 60 second billing increments with a 60 second minimum. Each call record
will be computed rounded up to the next penny and time increment. Fixed monthly charges (voice and data) are billed a month in advance. Usage and overage charges are billed in
arrears. A surcharge will be imposed on all calling card and tollfree calls placed from a payphone. Each of Customer's dedicated long distance voice trunk groups provisioned must
carry an average of 50,000 minutes per T1/PRI circuit, or its equivalent, in any Billing Cycle. If any trunk group fails to meet this average, Emmix may, upon thirty (30) calendar
day’s prior written notice, in its discretion, disconnect any individual circuit within that trunk group whose usage, following the first two calendar months after connection, falls below
50,000 minutes per T1/PRI circuit or its equivalent. "Billing Cycle" means the month-long period, not necessarily beginning on the first of the month, for which Emmix invoices
Customer for Service. Usage rates assume standard calling patterns. Calling patterns and average inbound or outbound usage minutes that fall outside of Emmix standard
acceptable patterns may result in different rates. An additional surcharge may apply for an excessive (as determined by Emmix) number of 6 second calls or outbound unanswered
calls. For switched service, a switching charge may be incurred each time the underlying interexchange company is changed.
All prices are quoted excluding and fees. Taxes and assessments including a variable carrier recovery fee, regulatory compliance surcharge, and Long Distance Access Fee. All
accounts incur a monthly billing fee. Connectivity circuits, point to point circuits, and ‘last mile’ loops carry a 2.85% Local Loop Surcharge. All charges are subject to change without
notice and at Emmix’s sole discretion. Unless specifically noted on the Emmix Service Attachment form, equipment, wiring, and Dmarc extensions are not included. Any service or
equipment order canceled prior to installation shall be subject to cancellation charges and may be subject to full termination liability the same as if the service had been installed.
Any circuit or service canceled prior to the end of the term indicated will incur a termination liability charge equal to the number of months remaining in the term times all fixed
monthly charges. The term for each service begins when Emmix installs and begins billing for each service. In the event a service comprises multiple locations, each location will
begin billing as it becomes available even if other sites are not yet available (including any hub or main location) and the term for all circuits will begin when the last location is
turned up. Customer agrees to be ready to accept each service and to be liable for charges associated with each service as soon as Emmix is able to make it available for turn-up.
In the case where a service attachment form has an option to insert a Customer Ready Date for a particular service and Customer fills a date in that field, then Emmix will not make
that service available for turn-up earlier than that Date. Emmix shall make every reasonable effort to meet any quoted delivery date for service or equipment however, Emmix will
not be liable for its failure to meet such date. Emmix shall not be liable for any delay in performance hereunder due to unforeseen circumstances, or due to causes beyond its
control. For any service running on or through Customer's network, Customer is responsible for providing the correct configuration and equipment needed to interface to the Emmix
service.
For Cloud Communications services pricing does not include inside wiring or monthly Network Compliance Fee of $1.95 per seat. Seat price includes mail replacement
maintenance for telephones supplied by Emmix. Included maintenance does not cover damage caused by vandalism, dropping, foreign substances, or any other act of negligence.
Included maintenance does not cover items such as worn handset cords, worn lettering, or other damage caused by normal wear.
Customer hereby grants, and Emmix reserves, a purchase money security interest in each piece of equipment supplied, and in any proceeds thereof, for the amount of its purchase
price. Upon request by Emmix, Customer shall sign any document required to perfect such security interest. For equipment sold, and not rented or loaned by Emmix, payment in
full of the purchase price shall release the security interest on that equipment. Emmix reserves unto itself all rights and remedies available under the Uniform Commercial Code and
any other laws. Title to equipment shall remain with Emmix until all amounts are fully paid. Equipment provided at no charge on a promotion or rebate will still carry the appropriate
sales tax charge when applicable. Any service which includes on-site maintenance (or warranty work) of equipment will be performed between 9:00 am and 5:00 pm Monday
through Friday. Work requested to be performed outside of those hours will be billed at the then current Emmix after hours rates. Emmix may bill for a missed appointment when a
technician is dispatched and cannot complete the task for which the service or installation call was required because Customer (a) was not present; or, (b) rescheduled or cancelled
less than two business days prior to the already scheduled appointment; or, (c) did not arrange for access to an inaccessible area or network interface device. Such charge shall be
the greater of $175 or the actual charge to Emmix from any involved third party carrier. Maintenance/warranty coverage does not cover normal wear and tear, damage resulting
from abuse or negligence or improper use or maintenance, unauthorized modifications, unauthorized interfacing with 3rd party software, or acts of God (e.g. lightning strikes) as
determined by Emmix technicians. Purchased equipment comes with 1 year warranty unless otherwise expressly stated. All patching, painting, concrete openings, conduits or other
modifications pertinent to any on-site installation work shall be Customer's responsibility. Customer agrees to provide the required power and space for any equipment installed onsite. Equipment (not purchased by Customer) must be returned at end of term in good condition.