CAPROCK
COMMUNICATIONS
PERFORMANCE MATTERS
COMMERCIAL AGENT
APPLICATION
[FORM]
TERMS OF SERVICE AGREEMENT
The customer identified on the front page of this Application for Service
(the "Customer") and Caprock Communications Corp (Caprock) hereby agree as
follows:
1. This Application for Service ("Application") is subject to the approval of
Caprock. Accordingly, Xxxxxxx can refuse to provide the services applied
for by Customer for any reason whatsoever. Caprock shall have no liability
whatsoever for any damages, costs or expenses (consequential or otherwise)
arising from or related to Xxxxxxx's failure or refusal to approve this
Application and to provide the telecommunication services applied for
hereunder.
2. Customer authorizes Xxxxxxx to obtain credit and financial information
about the Customer as Caprock deems appropriate and necessary in order to
evaluate the credit worthiness of the Customer and otherwise process this
Application.
3. Customer hereby warrants to Caprock that it has all requisite legal
authority to execute this Application and to be bound by and perform all
of the terms and conditions hereof.
4. For all services provided by Caprock hereunder, Xxxxxxxx agrees to pay
Caprock at the rates for service established by Xxxxxxx. All rates for
services provided hereunder are subject to change. Billings for services
are rendered monthly and are due and payable fifteen (15) days from
invoice date. All balances for xxxxxxxx not received by the due date
(described in the immediately preceding sentence) shall be subject to a
finance charge levied at the rate of one and one-half percent (1 1/2%) per
month or the maximum lawful rate under the laws of the State of Texas,
whichever is less. All returned checks will be assessed a $25.00 returned
check fee. In the event Xxxxxxx must take steps to collect any balance
owed by Customer for services rendered pursuant hereto, Customer hereby
agrees to pay Caprock all costs of collection, including the actual
attorney's fees incurred by Xxxxxxx. Additionally, Xxxxxxx reserves the
right to bill all charges through Southwestern Bell, U.S. West, or other
billing agent without prior consent or authorization of the Customer.
5. Upon approval of this Application by Caprock, Caprock shall use its best
efforts to provide Customer with the services applied for herein.
Notwithstanding anything else contained herein to the contrary, Caprock
shall have no liability whatsoever for any lost business or profits or any
direct, indirect, special or consequential damages or loss resulting from
Caprock failure or inability to provide the services required hereunder at
any time and Customer shall indemnify and hold harmless Caprock, its
shareholders, directors, officers, employees, agents and representatives,
from and against any and all claims, actions, suits, proceedings, costs,
expenses, damages and liabilities, including attorney's fees, arising out
of, connected with, or resulting from Caprock failure or inability to
provide the services required hereunder at any time including such failure
or inability as may be attributable to Xxxxxxx's own negligence.
6. Customer acknowledges that Xxxxxxx has no liability whatsoever for issuing
"800" numbers. Accordingly, no 800 number should be construed as operational
by Customer until it is an established working number. Customer is
responsible for all charges associated with said 800 number.
7. Caprock assumes no liability for the cancellation of Telecommunication
services contracted or otherwise, with other vendors.
8. Upon any breach of the terms of this Application by Customer, including
without limitation breaches resulting from the failure to timely pay all
service charges in accordance herewith. Caprock shall be entitled to
terminate the services provided hereunder and to seek any and all other
remedies available at law or in equity on account of such breach by Customer.
Customer agrees to subscribe for the term specified within this agreement.
If customer cancels service on any activated line, Caprock reserves the
right to charge customer 20% of the average monthly bill (previous 3 months)
multiplied by the remainder of the months remaining on the contract.
Customer agrees to pay Xxxxxxx said amount due immediately upon breach of
this agreement in one lump sum.
9. This Application shall be construed and enforced in accordance with the
laws of the State of Texas. Venue for any action arising out of or related
hereto or the services provided hereunder shall be exclusively in Dallas
County, Texas.
10. This Application may not be assigned by Customer without the express
written consent of Caprock in each instance.
11. Caprock assumes no responsibility for damages caused by any delay in
activation of Customer's service.
12. Customer is responsible for all Local Exchange Company related charges
(Local Loop charges) for the entire term specified under this agreement.
Initial _____________________ Date _________________
