Please read this Service Agreement in its entirety as it explains the following topics:
This Agreement pertains to your long distance services and charges, and governs your use of the Services. OPEX's website will be continuously updated to maintain a current record of OPEX's Consumer Long Distance Services. This Agreement, as well as OPEX's rates, plans and any additional terms and conditions of the Services ("T&Cs") are available on OPEX's website at www.opexld.com. OPEX may change the terms of this Agreement at any time, subject to Section XI below.
For purposes of this Agreement, "you" means the customer ("Customer"), defined as either: (1) the person identified in OPEX's account records as responsible for payment of all charges; or (2) any other person with actual or apparent authority to represent that person or to use the Service(s). "Service" or "Services" means the OPEX long distance communications services you subscribe to, use or pay for. "OPEX," "we," "our," and "us" mean OPEX Communications and any other affiliate authorized to provide you with OPEX Services.
By Subscribing To, Using, Or Paying For The Services, You Agree To The Rates, Charges, And Terms And Conditions In This Service Agreement. This Agreement Incorporates By Reference The Prices, Charges, Rates And T&Cs Available On OPEX’S Website. If You Do Not Agree To These Rates, Charges, And T&Cs, Do Not Use The Services And Notify OPEX Immediately At (888) - 577 - 7266. However, You Will Be Responsible For Any Services Used Up To The Date Of Cancellation.
The applicable Plans and Rates for your Service are listed under the applicable sections in the "Long Distance" section located at www.opexld.com. Said sections contain the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to each of your Services. You can review the OPEX Rate Plans on our website at www.opexld.com. or request additional information by calling OPEX toll free at (888) - 577 - 7266. You may place calls from any location in the United States where OPEX has access to local exchange access service. Access is available to you when you subscribe to a local exchange telephone company's interstate end user common line service and to their authorized users. To call within the U.S., you dial 1+area code+7 digit number. OPEX also offers direct dialing to international countries. To call internationally, you dial 1+011+country code+ telephone number.
For your most current rates, charges and T&Cs with regard to a particular Service, the most current version of this Service Agreement, or if you have questions about your Service(s), please visit our website at www.opexld.com. or call us toll-free at (888) - 577 - 7266
A. General. You agree to pay us for the Services furnished to you at the prices and charges listed on OPEX's website which are updated from time to time. You also agree to pay for all charges for Services provided under this Agreement even if such calls were not authorized by you. The prices and charges for any particular call may depend on a number of factors which include, for example, the duration of a call, the distance called, and the type of service. The prices and charges for the Services may also include, for example, monthly fees, monthly minimums, connection charges, government-assessed surcharges and taxes, or other surcharges assessed by OPEX. Information on the applicable prices and charges are available at www.opexld.com/understand-your-bill or from OPEX's Customer Service which can be reached at (888) - 577 - 7266.
B. Price Changes. Except as otherwise provided in this Agreement or by any applicable state laws and/or requirements, any decreases to your rates or charges will become effective immediately without advance notice. Any increases to your rates or charges will generally become effective after OPEX notifies you at least thirty (30) days in advance of such change through one of the following means: (i) by posting on OPEX's website; (ii) by postcard or letter; (iii) by a message on your invoice; or (iv) by e-mail. Written notice to you will be sent to your last known address as reflected in OPEX's records. Written notice is deemed received 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed according to the address in OPEX's records. In some instances, it may not be commercially reasonable for OPEX to provide such notice prior to the effective date of such change. The price increase will become effective on the date provided in the notice
C. Payments. YOU ARE RESPONSIBLE FOR PREVENTING THE UNAUTHORIZED USE OF THE SERVICES, AND YOU ARE RESPONSIBLE FOR PAYMENT FOR ANY SUCH UNAUTHORIZED USE. You must pay all bills or invoices on or before the applicable due date and in U.S. money to keep your account active and to avoid disconnection. You may make payments: (1) online by logging on to your account at www.opexld.com, (2) by contacting Customer Service to take a payment and enroll you in recurring credit card payments, or (3) by mail using the invoice remittance stub and a check or money order (payments by mail may take 7-10 days to post). If you pay your bill by check, you authorize us to either use the information from your check to make a one-time electronic funds transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from the bank. Notations made on checks or accompanying materials are not effective. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill, even if you write the words "Paid in Full" or "Satisfied" (or other similar words) on any correspondence to us. If you make any late payments, we will charge you a late fee of 1.5%, or the maximum amount allowed by law, whichever is lower, to any past due balance that remains unpaid as of the next billing period. If the state law where you receive the Services requires a different rate, we will apply that rate. If your check, bank draft or electronic funds transfer is returned for insufficient funds or is not accepted by the institution on upon which the payment is drafted for any reason, we will charge you an additional $25 fee (or the applicable return check fee then in effect). If the state law where you receive the Services requires a different fee, we will charge you that amount. When payment is made by credit card, payment will also be subject to the terms and conditions required by the credit card issuer. In the event we incur fees or expenses, including attorney’s fees for collecting or attempting to collect any charges owed to us, including check return fees, you agree to pay all such fees and expenses reasonably incurred.
D. Charges and Billing. Charges accrue through a full billing period. It is OPEX's policy to bill all calls to you in the next billing cycle after the calls are made. In some instances, however, you may receive a bill with calls that were made in months prior to the invoice date of the bill. OPEX also reserves the right to bill recurring charges and non-recurring charges one month in advance. The initial billing may, at OPEX's option, also include one month's estimated usage billed in advance. Thereafter, charges based on actual usage during a month and any accrued interest will be billed monthly in arrears. OPEX will bill you in whole minute increments, unless otherwise explicitly stated in the calling plan that you selected. Partial minutes are rounded up to the next whole minute. If the computed charges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. In addition, OPEX will bill you for all applicable charges and surcharges (e.g. interstate calls, intrastate calls, intralata calls, international calls, operator assisted calls, directory assistance charges, monthly service fees, Presubscribed Interexchange Carrier Charges, Universal Service Fund charges, Regulatory Cost Recovery fees, paper bill fees, and all applicable federal, state and local taxes) relating to the telephone number(s) subscribed to the Services. Surcharges assessed by OPEX are not taxes and are subject to change. We may prorate or adjust a bill if the billing period covers less than or more than a full month. (For this purpose, each month is considered to have 30 days). We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time. For further details regarding these charges, visit www.opexld.com/understand-your-bill.
E. Taxes and Other Charges. You agree to pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes and surcharges will be in the amounts that federal, state and local authorities require us to bill you by law, and may also include surcharges assessed to recover the costs of governmental programs, including but not limited to Universal Service Fund fees, pay phone per call compensation surcharges, Primary Carrier charges, Regulatory Cost Recovery fees, paper bill fees, or per minute surcharges for calls that terminate to international wireless telephone numbers. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. If you are exempt from payment of any applicable taxes, you must submit to OPEX an original tax-exempt document. Documents should be mailed to: OPEX Communications, 3777 Long Beach Blvd., Suite 400, Long Beach, CA 90807, attention: Customer Service.
F.Credit Check and Deposits. You give us permission to obtain your credit information from consumer credit reporting agencies at any time. If we bill you for the Services and we determine that you may be a credit risk for: (1) unsatisfactory credit rating; (2) insufficient credit history; (3) fraudulent or abusive use of any OPEX services within the last five years; or (4) late payments for current or prior bills, we may require a deposit (or an advance payment as permitted by state law) to ensure payment for the Services. The amount of the deposit will be no more than any estimated one-time charges required for the Services, plus three months of the estimated average per-minute charges and/or monthly fees for the Services. We will pay interest on customer deposits only where required by the law of the state where you receive the Services, at a rate no higher than that prescribed by such state law. If you fail to pay for the Services when due, we may use the deposit without giving notice to you. If a credit balance remains on your account, we will refund or credit that amount.
G. Credit Limits. We reserve the right to set a credit limit on your account, in our sole discretion. If we do this, we will notify you of your initial credit limit and all changes to your credit limit. If you exceed your credit limit, we will restrict your access to the Services. If you fail to make timely payments, we may also lower your credit limit
H. Dispute Charges. All bills are presumed accurate, and shall be binding on you unless an objection is received by OPEX in writing within thirty (30) days after such bills are rendered. If you have an inquiry or complaint regarding the Services or your bill, you may e-mail OPEX at email@example.com, write to the Billing Department, OPEX Communications, 3777 Long Beach Blvd., Suite 400, Long Beach, CA 90807, or telephone (888) - 577 - 7266. Please include your name, account number, the specific question or comment about the bill, and the dollar amount of the item(s) in question when submitting a bill inquiry. We may need to investigate your concerns, if necessary, and will notify you of the results of the investigation. Any claims for a refund of overpayment must be made within ninety (90) days of the date of the alleged overpayment, or it is waived. Where overbilling or overpayment occurs, due either to OPEX or your error, no liability exists which will require OPEX to pay any interest, dividend or other compensation on the amount overbilled or overpaid. The undisputed portion of the bill and subsequent bills, other than the disputed amount, must be paid by the Due Date shown on the bill. Adjustments to your bill will be made to the extent that records and/or circumstances exist which reasonably indicate that such charges are not appropriate. In the event that a dispute is not resolved informally between you and OPEX, you agree that any such dispute will be governed by Section VIII below.
J. Third-Party Billing. Third-Party Billing ("Casual Rates"), as set forth in this section, will occur and will be charged to you when calls are completed over one of OPEX's underlying carrier’s networks, and the originating telephone line(s) is not active on OPEX’s service. Domestic Casual Rates billed by third-party entities may exceed $3.00 per minute. OPEX will not reimburse or re-rate any Casual Rates billed to you by a third-party billing entity. OPEX must be notified directly for all long distance service requests, which includes but is not limited to, (i) signing up a new OPEX long distance account, (ii) adding a telephone line(s) to your existing OPEX long distance account, (iii) moving your telephone line(s) to a new physical address, and (iv) adding an additional service to your existing OPEX account. It is very important that all such requests be made directly to OPEX so that your Service may be properly configured and billed. Failure to do so may subject you to Casual Rates. Examples of situations when Casual rates will be charged include but are not limited to, the following:
A. Cancellation by the Customer. If you use more than one Service, you may change or cancel individual Services by calling the OPEX customer service number on your OPEX bill. This Agreement remains in effect for any Services that you continue to be enrolled in, use, or pay for. If you want to cancel all of the Services, you must discontinue your use of all the Services and then call your local telephone company and tell them you want to cancel your OPEX Services. Please also call us toll free at (888) - 577 - 7266 for additional information.
B. Cancellation by OPEX. OPEX reserves the right to discontinue or limit Services without prior notice to you: (i) if it is necessary to meet changes in government regulatory or statutory rules and standards; (ii) when such rules and standards have an adverse effect on the economic feasibility of providing the Services, as determined by us; (iii) if we are ordered or requested to do so by a government entity; and (iv) if your equipment may adversely affect our facilities or service to other OPEX customers.
C. Fraudulent Use. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (i) interferes with our ability to provide the Services to you or other customers; or (ii) avoids your obligation to pay for the Services. If OPEX has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Services without prior notice. You will remain responsible for payment of any and all fraudulent use of the Services, even if such use was not authorized by you. This includes, but is not limited to, usage and charges that occur as a result of a fraud committed against you or your account by third parties.
D. Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges. If the state where you receive the Services has different laws and/or requirements relating to notice and disconnection of service, the state-specific requirements will apply.
E. Outstanding Charges. If Services are suspended, restricted, or cancelled, any charges will accrue through the date that OPEX fully processes the suspension, restriction or cancellation. You must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of cancellation. Subject to Section VIII and applicable state law, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us. If you want us to renew or reconnect the Services, we may require that you pay a deposit and/or service restoration fee.
F. Repair of Service. We have the right at any time to suspend or interrupt the Services to make necessary repairs, updates or changes in the Services. OPEX will use its best efforts to notify you via posting on OPEX's website prior to any suspension or interruption. You will have no right to credit for any such suspension or termination.
G. Other Reasons for Cancellation. OPEX reserves the right to cancel and terminate your Services at any time by providing you with thirty (30) days prior written notice.
You Agree That OPEX Shall Not Be Responsible For Any Third-Party Claims Against OPEX That Arise From Your Use Of The Services. Further, You Agree To Reimburse OPEX For All Costs And Expenses Related To The Defense Of Any Such Claims, Including Attorneys’ Fees, Unless Such Claims Are Based On Our Willful Misconduct Or Gross Negligence. This Provision Will Continue To Apply After The Agreement Ends.
A.If OPEX’S Negligence Causes Damage To Person Or Property, OPEX Will Be Liable For No More Than The Amount Of Direct Damages To The Person Or Property. If OPEX’S Negligence Causes Damage Of Any Other Sort, OPEX Will Be Liable For No More Than The Amount Of Our Charges For The Services During The Affected Period. For All Claims That Are Not The Result Of OPEX’S Willful Or Intentional Misconduct, OPEX Will Not Be Liable For Punitive, Reliance, Or Special Damages, And OPEX Will Not Be Liable For Indirect Or Consequential Damages, Including But Not Limited To Lost Profits Or Revenue Or Increased Costs Of Operation. These Limitations Apply Even If The Damages Were Foreseeable, Or OPEX Was Told They Were Possible, And They Apply To Any Negligence Claim That Does Not Involve Willful Misconduct, No Matter How That Claim Is Styled Or On What Legal Grounds (Such As Contract, Tort, Statute, Misrepresentation) It Is Based.
B. OPEX Will Be Liable Only For The Amount Of OPEX'S Charges For The Services During The Affected Period If Services Are Interrupted Due To OPEX’S Negligence, Or There Is A Problem With The Interconnection Of Our Services With The Services Or Equipment Of Some Other Party. This Section Will Continue To Apply After The Agreement Ends.
Except As This Agreement Expressly States, OPEX Makes No Express Warranty Regarding The Services And Disclaims Any Implied Warranty, Including Any Warranties Of Merchantability Or Fitness For A Particular Purpose. OPEX Also Makes No Warranty That The Services Will Be Uninterrupted Or Error Free. OPEX Does Not Authorize Anyone, Including, But Not Limited To, OPEX Employees, Agents Or Representatives, To Make A Warranty Of Any Kind On OPEX’S Behalf, And You Should Not Rely On Any Such Statement.
Please Read This Section Carefully. This Section Provides For Resolution Of Disputes Arising Under Or Related To This Agreement. Both You And OPEX Agree To And Are Bound By The Terms Set Forth In This Section.
A. Dispute Resolution. Before you take a dispute to court, you must first contact our customer account representatives at (888) - 577 - 7266 or write to us at OPEX Communications, Inc., 3777 Long Beach Blvd., Suite 400, Long Beach, CA 90807, and give us an opportunity to resolve the dispute. Similarly, before OPEX takes a dispute to court, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or OPEX is notified by the other of a dispute, then either party may initiate a lawsuit in the applicable court of law in accordance with Section IX below.
A. Governing Law. This Agreement is governed and interpreted by the Federal Communications Act to the full extent applicable, and otherwise by the laws of the State of California, without regard to its choice of law rules. THIS GOVERNING LAW PROVISION APPLIES NO MATTER WHERE YOU RESIDE, OR WHERE YOU USE OR PAY FOR THE SERVICES
B. Venue. For the adjudication of any disputes arising under or relating to this Agreement, both you and OPEX hereby consent to personal jurisdiction and venue in the courts of the County of Los Angeles, California.
C. Attorneys' Fees and Costs. In the event of any dispute, the prevailing party will be entitled to recover its attorneys’ fees and costs in connection with the dispute, in addition to interest at the applicable rate under governing law (unless as otherwise set forth in this Agreement).
A. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
B. Acts Beyond Our Control. Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
C. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
D. Notices. Notices from you to OPEX must be provided as specified in this Agreement. Notice from you to OPEX made by calling OPEX is effective as of the date that our records show that we received your call. OPEX's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
E. Severability. If any part of this Agreement is found invalid, the rest of the Agreement shall remain valid and enforceable.
F. Entire Agreement.This Agreement constitutes the final and entire agreement between you and us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section XI below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor OPEX is relying on any representations or statements by the other party or any other person that is not included in this Agreement.
This Agreement may only be changed in the manner provided for in this Section XI. We may change this Agreement from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in Section III of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than thirty (30) days after we post them at www.opexld.com. You may also request a copy of the revised Agreement by contacting us at OPEX Communications, Inc., 3777 Long Beach Blvd., Suite 400, Long Beach, CA 90807. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.
To enroll in an additional Service, or to switch from your existing Service to a different Service, you must notify us by: (1) calling the OPEX customer service number on your OPEX bill; (2) calling the OPEX customer service number provided in OPEX marketing materials; or (3) going to our web site at www.opexld.com and following any further instructions provided for enrollment. The terms and conditions of this Agreement will apply to the new or additional OPEX Service. BY ENROLLING IN, USING, OR PAYING FOR THESE NEW OR ADDITIONAL SERVICES, YOU AGREE TO THE PRICES, CHARGES, AND TERMS AND CONDITIONS IN THIS AGREEMENT.
You may have certain rights under the laws of the state in which you receive the Services. To the extent applicable state laws do not permit this Agreement to supersede such rights, those rights will govern the Services you receive.