general
(a) These Terms and Conditions are part of the Telecommunications Account Agreement (referred to as “Agreement”) between Customer (referred to as “you” and “your”) and U.S. TelePacific Corp. and/or its affiliated companies (collectively referred to as “we“, “us” and “our”). Services are offered to you by us either under Tariffs (documents which list services, prices and other terms and conditions) filed with the Federal Communications Commission (FCC) and state regulatory agencies having jurisdiction over the Services (“Tariffed Services”), or on a non-Tariffed basis. Tariffs are available online at www.telepacific.com. All services provided under this Agreement are collectively referred to as the “Services.” In the event that the rates, terms and conditions in this Agreement conflict at any time with those set forth in our federal and/or state Tariffs applicable to the Services, the rates, terms and conditions of the Tariffs shall control. The rates, terms and conditions of Tariffed Services may change, subject to the approval of the applicable regulatory agency. If the Tariffs for any Services are cancelled as a result of regulatory action during the term of this Agreement, we will publish a Price List and related terms and conditions on our website (www.telepacific.com) which will become part of this Agreement.
(b) We may increase the rates in this Agreement for non-Tariffed Services to pass through any price increases imposed on us by the providers of the underlying facilities used to provide the Services or, in the case of long distance services, by our wholesale providers of such services. We may also change the rates, terms and conditions applicable to non-Tariffed Services by giving you at least 30 days prior written notice. If we materially change the rates, terms and conditions applicable to any of our non-Tariffed Services except for pass-through rate increases, you may cancel the affected Services provided you notify us in writing before the effective date of the changes. If you cancel any of the Services due to such material changes, you will only be liable for the charges for those cancelled Service(s) incurred up to and including the date of termination. If you do not cancel the affected Service(s) before the effective date of the changes, you will be deemed to have consented to the changes and to a continuation of the Services.
(c) Under certain conditions, you may request that installation of Services be expedited by agreeing to pay an Expedite Fee. No projected date for expedited installation is guaranteed. Payment of the Expedite Fee only earns an advanced priority for your installation process and installation is not entirely in our control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond the projected or requested date.