Terms and Conditions

THIS IS AN AGREEMENT FOR WIRELESS MESSAGING SERVICES BETWEEN YOU (Customer) AND Paging Management I, LLC. d/b/a Beepers.com (hereinafter Beepers.com). YOUR Purchase and/or ACTIVATION of the PAGER DEVICE AND WIRELESS MESSAGING SERVICE IS YOUR CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE PAGER DEVICE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE.  I hereby certify that I am over 18 years of age and I am authorized to enter into and make binding agreements regarding use of the pager/device.  In event of default of payment, I agree to pay all outstanding payments due, all late fees, costs of collection, including, among other things, interest, attorney's fees and court costs.  Limitation of Liability- Customer acknowledges that messages may be lost, incorrect or garbled due to circumstances that are difficult to verify including, without limitation, adverse weather conditions, landline telephone network failures, wireless messaging system failures, incorrect information supplied by third party information providers via pager/device and the improper use by calling parties of the system.  Customer also acknowledges that the damages resulting from the loss or distortion of a message are difficult to ascertain, and that Customer is better placed to insure against such losses.  Customer accordingly agrees that in the absence of willful misconduct by Beepers.com, Customer's sole claim against Beepers.com, in the event of a lost, incorrect or distorted message shall be a credit for the interruption of messaging service when the interruption is in excess of twenty-four (24) consecutive hours.  Customer must make a written request within 48 hours of the service disruption to qualify for the credit.  A credit will be issued to Customer on a prorated basis and may be applied as a reduction in future invoice(s).  Customer acknowledges and agrees that Beepers.com and its representatives shall not be responsible for any incidental, consequential, punitive or other damages including lost profits arising out of this Agreement or from any wireless messaging disruption or interruption, billing, clerical or operational error.  Force Majeure-Beepers.com shall not be held responsible for any delay or failure of performance under this agreement caused by fire, flood, explosion, war, strikes, government requirements, equipment or system outages occasioned by acts or omission of telephone transmission, signal transmission and interconnection service provided by any carrier or employees thereof, or other causes beyond the control of Beepers.com.  Eligibility-Customer is aware of FCC rule 90.75 (if applicable) and is eligible to purchase one-way or two-way paging service. Paging equipment and service will not be offered for resale to other parties.  Payment Methods: Payments may be made by automatic withdrawal from Customer's checking account or by credit card (collectively, "AutoPay") by providing the appropriate information to Beepers.com. Customer's election to use AutoPay authorizes Beepers.com to seek payment from Customer's credit card issuer or bank, as applicable, for the full amount of the Charges.  Payments due under this agreement are billed and payable in advance.  Customer authorizes Beepers.com to charge or withdraw funds from the Customers checking account, credit card, or debit card for the “Renewal Period” a minimum of 30 days in advance of the service expiration date.  By electing AutoPay, Customer (i) acknowledges receipt of Service for the total Charges set forth on each invoice and, as applicable, (ii) as the cardholder, agrees to perform the obligations pursuant to Customer's agreement with the credit card issuer.  After the expiration of the Initial Term, Customer may cancel AutoPay for future Charges by providing Beepers.com with not less than thirty-five (35) days written notice.  Customers using AutoPay are solely responsible for the maintenance of appropriate balances in their checking accounts and credit availability in their credit card accounts, including, without limitation, the valid non-expiration of their credit cards.  Beepers.com, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO CUSTOMER, RESERVES THE RIGHT TO CHARGE ANY AMOUNTS DUE HEREUNDER AGAINST CUSTOMER'S CREDIT CARD AND/OR CHECKING ACCOUNT. BY ACCEPTING SERVICE, CUSTOMER HEREBY AUTHORIZES Beepers.com TO MAKE SUCH CHARGES AGAINST CUSTOMER'S CREDIT CARD AND/OR CHECKING ACCOUNT.  Payment Terms- The initial term of this Agreement shall commence upon purchase of the service and shall continue for an amount of time equal to the term associated with the specific payment option chosen by Customer, and shall be referred to herein as the "Initial Term".  Payments due under this agreement are billed in advance.  Upon expiration of the Initial Term, service is automatically renewed for a term equal to the Initial Term referred to hereinafter as the “Renewal Period”.   Charges for the “Renewal Period” are billed a minimum of 30 days in advance of the expiration date of the Initial Term or Renewal Period.  Customer agrees that failure to cancel service at least thirty five 35 calendar days before the expiration of the Initial Term will result in the entire balance for the Renewal Period becoming due, even if service is disconnected for non-payment.  If customer has selected “AutoPay” the term of the Agreement shall continue until terminated by either party as permitted under this Agreement.  If customer cancels service, customer must retain a cancellation number, which Beepers.com personnel will provide.  Customer must cancel service by mail or email only. If service is cancelled for any reason after the renewal date, including for non-payment, an Early Cancellation Fee will be assessed in addition to any service fees due. Cancellation of service for any reason will not result in a refund of unused service.  Beepers.com reserves the right to cancel service at any time if customer’s mail or email is returned.  A service charge of $20 will be applied to all return check items or credit card chargebacks.  Late fees of up to 18% of the outstanding balance or a minimum of $5.00 will be charged on all accounts past due and a collection fee of $15.00 will be charged to accounts that are suspended or terminated because of non-payment.  A reconnect fee of $10 will be charged to accounts that are disconnected for non-payment or due to customer request.  Beepers.com reserves the right to cancel service to customer if account is past due.  A Past Due Account shall be defined as any account that has an outstanding balance not paid in accordance with the account terms.  If service is interrupted or cancelled due to a past due balance, service fees will not be refunded. Beepers.com reserves the right, upon 30-days advance notice, to change a Customer’s service fee.  Pager Usage- Two-way and Alphanumeric Service Plans allow for a certain amount of messages per month based on the service plan customer has selected.  If customer exceeds the permissible message total, a charge of 5 cents per message for Two-Way Service and 15 cents per message for Alphanumeric Service will be assessed.  A message is defined as 1 to 100 characters (whether inbound or out).  Beepers.com reserves the right to cancel service at any time and require a deposit to reestablish service if call counts exceed Customer’s service plan.  Pager Number-Customer understands that Beepers.com cannot guarantee a local pager number.  On one-way pagers, a toll-free number with a five-digit PIN number may be assigned if a local pager number is not available.  On two-way pagers, a discount will be provided if customer elects to purchase a toll-free number.  Merchandise Returns- If customer is not satisfied with the product or service, customer may return pager within 10-days of the purchase date for a refund. Customer will be responsible for all shipping charges. Product must be in "like-new" condition. Beepers.com is not responsible for lost or damaged mail and suggests customer retain postal insurance.  If customer wishes to return product(s) for refund within the 10-day return period, customer must acquire a Return Authorization Number (RA#) from Beepers.com personnel.  A refund will not be issued if item is returned without an RA#.  Activation fees, service used, shipping fees and any overcall charges are non-refundable.  Miscellaneous: Beepers.com at its sole discretion reserves the right to change or modify these Terms and Conditions at any time.  We may change the terms and conditions of this Agreement from time to time. Notice will be considered given and effective on the date posted on www.beepers.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.     If any of these Terms and Conditions is found to be unenforceable by a court of competent jurisdiction, the remainder of the Terms and Conditions will continue in full force and effect.  Entire Agreement/ Amendments/Governing Law/Dispute Resolution: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or oral.  Subscriber may not assign this Agreement without Beepers. COM’s prior written consent.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the Better Business Bureau of New Jersey in accordance with its arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Each arbitration pursuant to this Agreement shall be limited to an action between the parties to this Agreement. There shall be no consolidation or class action of any arbitration action involving parties to this Agreement with any arbitration or other action between Beepers.com and any other person.  The parties expressly waive all rights to a jury trial.  Customer expressly waives any and all claims for attorneys' fees. The laws of the State of New Jersey shall govern this Agreement.  If any provision hereof is held to be invalid or unenforceable by any arbitrator or any appeals court of competent jurisdiction after the arbitrator's decision thereof, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

Last updated October 1, 2006.