Terms of Service

PCS, Inc. Terms of Service – Contract for Services

This Contract for Services (the “Contract”) is entered into by and between PCS, Incorporated, a Kansas corporation with offices at 12195 Strang Line Rd Olathe, Ks. 66062 (the “Seller”), and the Buyer (“Customer”), as identified in the accompanying Service Activation Form (Exhibit A).

RECITALS

WHEREAS, Seller is engaged in the sale, operation, and provision of telecommunications equipment and services, as well as software development and website design;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the parties agree as follows:

TERMS

1. Services and Purchase Terms: Seller agrees to provide, and Buyer agrees to purchase, the services described in Exhibit A (Service Activation Form). The pricing for all services, including equipment, fees, and associated costs, shall be specified therein.
   
   Any modification to the type or quantity of services (a “Change Order”) shall result in the creation of a new Contract for Services, which shall supersede all prior agreements, whether written or oral. The term of such Change Order Contract will commence on the activation date of the modified services.
   1. Initial Payment and Non-Refundability: Upon signing this Agreement, the Client shall pay an initial [Deposit/Retainer/Service Fee] of $[Amount] (the “Initial Payment”). The Client acknowledges and agrees that the Initial Payment is non-refundable under any circumstances, including but not limited to the Client's early cancellation of services or change of mind.
   2. Purpose of Initial Payment: The parties agree that the Initial Payment is intended to [secure the Service Provider's availability / cover administrative setup costs / compensate for initial resources allocated]. It is not a penalty, but a reasonable pre-estimate of the Service Provider's anticipated losses and administrative expenses in the event of early termination.
   3. Early Cancellation: If the Client cancels or terminates this Agreement before the completion of services, the Initial Payment shall be forfeited in its entirety to the Service Provider. No pro-rated refunds of the Initial Payment will be issued regardless of the amount of work completed at the time of cancellation.
2. Payment Terms: Buyer shall pay Seller the amounts specified in Exhibit A, including applicable taxes and fees. Invoices will be issued monthly and made available via the PCS VoIP Customer Account Management platform, with notifications sent to the email address provided by Buyer.
   
   Payments are due within 10 days of invoice issuance. A late fee of $25.00 or 5% of the outstanding balance (whichever is greater) will be assessed for overdue payments. Seller reserves the right to pursue all legal remedies for non-payment, including recovery of reasonable attorney’s fees.
   
   The service term will begin on the Contract’s Effective Date and continue for the duration specified in Exhibit A (the “Initial Term”). Upon expiration, the Agreement will automatically renew for additional terms equal in length to the Initial Term, unless Buyer provides written notice of non-renewal at least sixty (60) days prior to expiration.
3. Termination:
   • By Seller: Seller may terminate this Contract at any time with written notice, or immediately upon Buyer’s non-payment.
   • By Buyer: Buyer may terminate this Contract with 30 days’ written notice.
   Upon termination, Buyer agrees to pay all remaining amounts due under the Contract through the scheduled end date.
4. Confidentiality: Buyer agrees not to disclose, use, or reproduce any proprietary or confidential information obtained from Seller, either during or after the term of this Contract. Upon termination, all materials, documentation, and data related to Seller’s proprietary information must be returned.
5. Indemnification: Buyer shall indemnify and hold harmless Seller from any and all claims, damages, losses, costs (including attorneys’ fees), and liabilities arising from:
   • The acts or omissions of Buyer or its employees, agents, or representatives;
   • The use or misuse of Seller’s services or equipment;
   • Any dispute related to this Contract or Seller’s performance hereunder.
   Seller’s total liability under this Contract shall be limited to the amounts paid by Buyer to Seller under the terms of this Contract.
6. Warranty Disclaimer: All services and equipment provided under this Contract are provided “AS IS” without any warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose.
   
   To the fullest extent permitted by law, Seller shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits or data.
7. General Provisions:
   • Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
   • Amendment: This Contract may only be amended by a written agreement signed by both parties.
   • Governing Law: This Contract shall be governed by the laws of the State of Kansas.
   • Notice: All notices must be delivered in person or by certified mail (return receipt requested) to the address listed above, unless either party provides updated written notice of a new address.
   • Assignment: Neither party may assign this Contract without the express written consent of the other.
   • Entire Agreement: This Contract, including Exhibit A, constitutes the entire agreement between the parties, superseding all prior agreements, understandings, or representations, whether oral or written. This Contract may be executed in counterparts.

IN WITNESS WHEREOF, the parties have executed this Contract as of the date Buyer has accepted and signed Exhibit A (Service Activation Form).

PCS, Incorporated
12195 S Strang Line Rd, Olathe, Kansas 66062
(913) 981-1100, 844-727-8647