Cox Customer Service Agreement
Thank you for using Cox Services. In this Agreement ("Agreement"), "you" and "your" mean the "Customer" of the Cox services defined below, and "Cox," "we," "our," and "us" mean Cox Communications and any Cox affiliate authorized to provide you with our services. BY ENROLLING IN, USING, OR APPLYING FOR THESE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT AND THE PRICES AND CHARGES AS LISTED ON THE COX WEBSITE. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING COX AT THE CUSTOMER SERVICE NUMBER LISTED ON YOUR BILL.
"Service" or "Services" means: (1) the Cox state-to-state and international telecommunications services you are enrolled in, use, or pay for that Cox provided to you under tariffs filed with the Federal Communications Commission as of July 31, 2001; and (2) any new or additional Cox state-to-state and international telecommunications services that you enroll in, use, or pay for, after July 31, 2001, without signing a term contract.
This Agreement does not cover Cox Local Services, Cox in-state long distance services, i.e., IntraLATAservice, Cox Internet services, Cox Private Line Services and Cox Video Services.
The Services covered in this Agreement are subject to billing availability and may not be available at all locations.
The "Cox Customer Services Agreement" posted on the Cox website, contains the specific prices and charges, service descriptions, and other terms and conditions not set forth here that apply to each of your Services. You also can review a copy of the Cox Customer Services Agreement and the pricing listed for the Services you are enrolled in by visiting the Cox location listed in your monthly bill. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN THE COX CUSTOMER SERVICES AGREEMENT POSTED ON THE COX WEBSITE.
1. CHARGES AND PAYMENT.
- General. You agree to pay us for the Services at the prices and charges listed in the Cox website at http://ww2.cox.com/residential/phone.cox. The prices and charges for any particular call may depend on a number of factors which include, for example, the duration of a call, whether the call is domestic or international, and the type of service provided. Service types include, for example, direct-dialed from home or business, i.e., depending on whether you are a residential or a Cox commercial customer, operator assisted, or calling card calls. The prices and charges for the Services may also include, for example, monthly fees and per minute charges . The details of call plans are listed at the Cox website at http://ww2.cox.com/residential/phone.cox.
- Price changes. We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective after we post them on our website at www.cox.com/residential/phone.cox. We will provide notices of increases to the prices and charges as follows:
For the Services covered by this Agreement by bill message or other notice and/or by posting the price changes on the Cox website.
- Payments. You must pay all bills or invoices on time (on or before the due date) and in U.S. money. 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 similar words) on any correspondence to us.
If you fail to pay on time, we will bill you for the Services and we will charge you a late fee of 1.5%, which we apply to that period's charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. 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, and we bill you for the Services, we will charge you up to $25. 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, the payment will also be subject to the terms and conditions required by the credit card issuer.
- Charges and Billing. Charges accrue through a full billing period. 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). To determine the charge for each call, we round up to the next full minute for any fraction of minutes used if you are a residential customer, or to the next six-second increment if you are a commercial customer. 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. You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use.
- Taxes and Other Charges. You must 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. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law.
- Credit Check and Deposits. You give us permission to obtain your credit information from Customer 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 Cox 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 onetime 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 simple interest at the annual rate prescribed by the state law where you receive the Services. 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 upon your termination of service, we will refund or credit that amount.
2. SUSPENDING AND CANCELLING THE SERVICES.
- Your Cancellation of the Services. If you purchase Cox Services pursuant to this Agreement, then you may change or cancel individual Services by calling the Cox customer service number on your Cox bill. This Agreement remains in effect for any state-to-state or international Services that you continue to be enrolled in, use, or pay for. If you want to cancel all of the Services, discontinue your use of all the Services and call us at the customer service number listed on your monthly bill.
- Fraudulent Use. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Service. If Cox 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 advance notice. In addition, your Service shall be subject to discontinuance, without notice, if Cox is required to comply with any order or request of any governmental authority having appropriate jurisdiction.
- Failure to Pay. Upon advance notice, 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.
- Other. Cox may from time to time discontinue certain Services subject to applicable law and regulation.
- Outstanding Charges. If Services are suspended, restricted, or cancelled, any charges will accrue through the date that Cox 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 7, 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 the Services, we may require that you pay a deposit.
3. TERMINATION LIABILITY.
Unless otherwise specified in individually negotiated contracts, the termination liability for Services purchased under a Term Agreement and terminated (i) by you prior to the Term set forth in the Term Agreement, or (ii) by Cox due to your default or noncompliance with the Term Agreement or this Tariff, shall be as follows: Cox shall rate Customer's usage of the Services from the inception of the Term Agreement to the date of termination and invoice Customer for the difference between the monthly rate for the selected term plan and the monthly rate for the longest term plan that Customer could have satisfied prior to early discontinuance of service. The Termination Liability shall become immediately due and payable notwithstanding termination of the Term Agreement.
YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US 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.
5. LIMITATIONS OF LIABILITY.
THIS SECTION DESCRIBES THE FULL EXTENT OF OUR RESPONSIBILITY FOR ANY CLAIMS YOU MAKE FOR DAMAGES CAUSED BY THE FAILURE OF THE SERVICES, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.
IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGE TO THE PERSON OR PROPERTY. FOR ANY OTHER CLAIM, WE WILL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS, WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. WE ALSO WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
WE WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, 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 STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO COX EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
7. CREDIT ALLOWANCES FOR INTERRUPTIONS.
If an interruption or failure of Services is caused solely by Cox and not by you or a third party or other causes beyond our reasonable control, you may be entitled to a credit allowance by Cox, Contact your local Cox office for more information.
- No Third Party Rights. This Agreement does not provide any third part with a remedy, claim, or right of reimbursement.
- 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, cable cuts by third parties, 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.
- 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.
- Notices. Notices from you to Cox must be provided as specified in this Agreement. Notice from you to Cox made by calling Cox is effective as of the date that our records show that we received your call. Cox's notice to you under this Agreement will be provided by one or more of the following options determined solely by Cox: postings on our website, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, calls to your billed telephone number or e-mail to an address provided by you.
- Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
- Governing Law. This Agreement will be governed by the law of the State wherein you recieve services.
- In addition, all pricing and terms and conditions and all changes thereto shall be posted on the Cox website located at ww2.cox.com/residential/phone.cox, and shall be available for public review at the address listed on your bill.
- Use of recording devices. Customers may use recording devices at their own risk provided it meets the following conditions:
- A customer may record a conversation provided it has the written or verbal consent of all parties at the start of the conversation;
- A distinctive recorder tone must alert all parties every 15 seconds to the fact that the call is recorded, and
- the customer must be able to turn the recording device on and off at will.
- Entire Agreement. This Agreement (which incorporates by reference the Cox Customer Service Agreement) constitutes the entire agreement between 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 9 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 Cox is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
9. CHANGES TO THIS AGREEMENT.
This Agreement may only be changed in the manner provided for in this Section 9.
We may change this Agreement, including the incorporated prices listed on the website from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in Section 1 of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective after we post them at http://ww2.cox.com/aboutus/policies.cox. You may also request a copy of the revised Agreement by calling Cox at the number listed in your monthly bill.
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.
1. Specifically, the Cox Communications affiliates include, but are not limited to Cox Arizona Telcom, L.L.C., Cox Arkansas Telcom, L.L.C., Cox California Telcom, L.L.C., Cox Connecticut Telcom, L.L.C., Cox District of Columbia Telcom, L.L.C., Cox Florida Telcom, L.L.C., Cox Iowa Telcom, L.L.C., Cox Kansas Telcom, L.L.C., Cox Louisiana Telcom, L.L.C., Cox Maryland Telcom, L.L.C., Cox Missouri Telcom, L.L.C., Cox Nebraska Telcom, L.L.C., Cox Nevada Telcom, L.L.C., Cox Oklahoma Telcom, L.L.C., Cox Rhode Island Telcom, L.L.C., Cox Texas Telcom, L.P., Cox Virginia Telcom, L.L.C.