Annual Plan Customers. For annual plan customers, You are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of Purchase for a prorated refund in accordance with Your Services Contract. After thirty (30) days, if You terminate the Services prior to the end of Your Term, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.
Annual Plan Customers. For annual plans customers, the Customer is purchasing the Service for the full length of the applicable Term. You have ninety (90) days from the Effective Date to cancel the Initial Term without penalty with or without cause by notifying Optivon in writing. In the event that Customer decides to cancel the Services during this initial 90-day period, the Customer shall be liable only for the pro-rata portion of the Services and any related costs incurred until the date of cancellation. Either party may terminate the Agreement upon thirty (30) days' notice of termination to the other party. However, in the event of termination under this Section 7.b by Customer after the first 90 days of the Effective Date during the Initial Term or any Renewal Term or if Optivon terminates this Agreement for just cause prior to the expiration of the Service Term for any Service, an early termination charge will apply for the unexpired portion of the Service Term and disconnection fees and other charges may also apply; provided however that no charge for the remaining portion of the Service Term shall apply if such termination by Customer is prompted by changes in the Service introduced by Optivon and not accepted by Customer. Upon termination, flat monthly fees shall not be subject to proration for the unused portion of monthly service. Any Equipment returned in conjunction with a cancelled Service Order or termination under this clause may also be subject to a restocking fee. If Customer transfers or ports a Number or Ported Number to another service provider, Customer must notify Optivon in order to cancel any Services related to such Numbers or Ported Numbers or service charges will continue. In addition, Customer will not be entitled to a refund for any unused portion. The parties acknowledge that the cancellation or termination charges set forth in this Section 7.b are a genuine estimate of the actual damages that Optivon will suffer and are not a penalty.
