Service Terms and Rates

The following terms and conditions shall apply to the provision and use of the Affinity4's products and services (individually a "Service" and collectively the "Services") provided by AmeriVision Communications, Inc. ("AmeriVision") to authorized subscribers ("Customer"). AmeriVision's services are furnished to Customers for communications originating within the United States, Puerto Rico and the U.S. Virgin Islands under terms of this agreement. All service is subject to the availability of suitable facilities.

For internet service terms and conditions, please click here.

The Affinity4 Give Back program is 10% of collected revenue (net of collections expense) Interstate, Intrastate, and intraLATA long-distance and 10% of collected revenue (net of collection expense) (net of wholesale cost) from ISP services. 10% Give Back is not tax deductible. AmeriVision reserves the right to modify the Give Back program.

The Affinity4 calling card is not transferable. The named customer may authorize others to use the calling card but remains responsible for payment of any charges incurred by such use. AmeriVision reserves the right to refuse to process calls billed to a telephone company-issued calling card when authorization for use of the calling card cannot be validated.

Customer shall pay AmeriVision for use of the Services at the rates applicable to the service. AmeriVision reserves the right to increase its rates at any time upon reasonable notice to customers.

Charges are exclusive of any applicable taxes or government fees based on customer's usage. AmeriVision 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. Customer may be required at any time to pay a deposit if AmeriVision determines that Customer is not creditworthy. AmeriVision reserves the right to require an advance payment from a Customer instead of, or in addition to, a deposit.

Payment is due within thirty (30) days after the date of invoice and shall refer to the invoice number. Restrictive endorsements or other statements on checks accepted by AmeriVision will not apply. The Customer shall reimburse AmeriVision for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. At AmeriVision's option, interest charges may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law. Any objections to billed charges must be reported to AmeriVision or its billing agent within thirty (30) calendar days after receipt of bill. Disputed charges must be in writing and supported by detailed documentation showing the difference between the billed charges and the amount the Customer claims the charges should be.

Customer's use of the Services will comply with all applicable laws, regulations. The Customer may not transfer or assign the use of service or facilities.

AmeriVision reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by AmeriVision in its reasonable judgment.

AmeriVision shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this Agreement. AmeriVision's liability for damages resulting in whole or in part from the furnishing of service under this agreement, including but not limited to mistakes, interruptions, omissions, delays, errors, or defects in transmission, which occur in the course of furnishing service, shall not exceed an amount equal to the cost of the call placed using AmeriVision's services.

AmeriVision shall not be liable for claims arising from any failure of performance, interruption, delay, error, omission, or defect in any service or transmission provided under this agreement, if caused by any person or entity other than AmeriVision, by any malfunction of any service or facility provided by any other carrier; by an act of God, fire, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over AmeriVision; national emergencies, insurrections, riots, wars, or other labor difficulties, or by any other cause beyond AmeriVision's direct control. AmeriVision shall not be liable for, and shall be fully indemnified by Customer against any claims (including reasonable attorney's fees) for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, or information transmitted over AmeriVision's facilities, or for any act or omission of the Customer; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by AmeriVision, if not directly caused by negligence of AmeriVision. AmeriVision shall not be liable for any defacement of or damages to the premises of a Customer resulting from the furnishing of service which is not the direct result of AmeriVision's negligence.

AmeriVision shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment.

Customers who use recording devices do so at their own risk and should do so in compliance with all regulatory requirements.

Service furnished by AmeriVision 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 AmeriVision's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

AmeriVision may refuse or discontinue service for noncompliance with and/or violation of any Federal, State or municipal law, ordinance or regulation. Service may also be discontinued with notice for the following conditions: (1)for neglect or refusal to provide reasonable access to AmeriVision for the purpose of inspection and maintenance of equipment owned by AmeriVision; (2) for non-compliance with and/or violation of federal or state regulations or AmeriVision's rules and regulations; or (3) for non-payment of bills for 30 days after the bill is rendered. Service may be discontinued without notice for the following conditions: (1) for use of equipment in a manner that could adversely affect AmeriVision's equipment or AmeriVision's service to others; (2) for tampering with the equipment furnished and owned by AmeriVision; (3) for unauthorized or fraudulent use of service; or (4) for AmeriVision to comply with any order or request of any governmental authority having jurisdiction. AmeriVision's actions or inaction under this Section shall not constitute review or approval of Customer's use.

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

Upon reasonable notice, the services provided by AmeriVision shall be made available to AmeriVision for tests and adjustments as may be deemed necessary by AmeriVision for maintenance. It shall be the obligation of the Customer to notify AmeriVision immediately of any interruption in service for which a credit allowance is desired by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by Customer.

State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of Oklahoma, excluding its choice of law rules. The United Nations Convention of Contracts for international Sale of Goods shall not apply.