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windstream®
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<br /> WINDSTREAM SERVICE TERMS AND CONDITIONS
<br /> These terms and conditions apply to the provision of all telecommunications and related services("Services")by Windstream'("Windstream")to Customer
<br /> under the service order to which these terms and conditions are a part.These terms and conditions and Customer's service order form the agreement
<br /> ("Agreement").The Services will be offered in each area to the Customer by the Windstream affiliated entity authorized to provide the Services in the
<br /> applicable jurisdiction.
<br /> 1. Term and Renewal.This Agreement is effective on the date identified on the service order("Effective Date")and will continue for the term set forth in the
<br /> service order from the date that Services are installed until either terminated pursuant to the provisions below or replaced with a new agreement(the
<br /> "Term").Upon expiration of the Term,this Agreement will automatically renew for successive one year terms(each,a"Renewal Term")until terminated
<br /> or cancelled pursuant to its terms.In the event a Customer provides written notice of its intent not to renew but does not terminate Services hereunder,
<br /> Windstream shall have the option of continuing to provide such Services on a month-to-month basis,priced at Windstream's then current monthly rates.
<br /> 2. Charges for Services;Billing and Payment. Customer is responsible for paying all charges that apply to the Services ordered on a service order or used
<br /> on a per-use basis by Customer,including items such as features,installation,labor,repair,long distance,and directory or operator assistance as specified
<br /> on the service order or set forth in Windstream's Price Lists or Tariffs.Customer is responsible for taxes,surcharges,fees,and assessments that apply to
<br /> the sale and use of Services,including how those may change in the future and regardless of whether such charges are identified in the Agreement.
<br /> Windstream will bill Customer monthly for the Service,and all bills are due and payable upon receipt.Payment will be considered late if not paid within thirty
<br /> (30)days from the date of invoice.All amounts payable by Customer shall be made without setoff or counterclaim and without deduction.Billing at a location
<br /> will begin upon the earlier of(i)the installation date(which may be the date administrative access to certain software-based Services is granted to
<br /> Customer);or(ii)thirty(30)days after delivery of the applicable facility and/or equipment to the Customer premises(if the delay in connection of the facility
<br /> and/or equipment is due to Customer or its agent);however,Windstream may choose to bill in full monthly increments with no proration for partial service
<br /> periods when Service either starts or ends in the middle of a billing cycle.In certain service areas,paper bills are available only upon request and for a
<br /> monthly charge and billing for usage will round up to the next cent.If Customer authorizes payment by credit or debit card,then Windstream will not obtain
<br /> further consent or provide additional notice before invoicing the credit or debit card for all amounts due and owing.WINDSTREAM RESERVES THE RIGHT
<br /> TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES("MRCS")ON AT LEAST THIRTY 30 DAYS'NOTICE AND OTHER RATES AT ANY
<br /> TIME.
<br /> 3. Service Outage Credits.For Windstream's business-grade local and long distance voice telecommunications services,T1 and higher facility network
<br /> Internet access and private networking services,Customer will receive a credit of 1/30th of the MRC for that month for each day that Customer has a Service
<br /> Outage,defined below. Only the Service affected by the Service Outage will be eligible for a credit.Credit is based upon the length of time Customer is
<br /> without Service.Credits in any single month cannot exceed the MRCs for Service that was affected by a Service Outage in that month. For purposes of this
<br /> Agreement,a"Service Outage"is defined as the complete inability to:(i)make or receive calls;(ii)access the Internet for the purpose of sending or
<br /> receiving Internet traffic;or(iii)send or receive data across a Windstream supported private network.In the event Customer rents equipment from
<br /> Windstream,such equipment shall not be considered"Services"for purposes of service credits under this Agreement.
<br /> 4. Disputes. To dispute a bill,Customer must do so in good faith and deliver to Windstream in writing the specific basis for such dispute within sixty(60)days
<br /> after the date on the bill. If Customer does not follow this dispute process,the dispute shall be deemed waived.Each party has the right to discuss issues
<br /> directly with the other party,and Windstream may refuse to discuss issues through Customer's external representative.
<br /> 5. Partial Payments;Late Payments. Windstream may accept any payments Customer marks as being"payment in full"or as being settlement of any
<br /> dispute without waiving any rights Windstream has to collect the full payments from Customer.Customer is responsible for paying all costs and fees
<br /> Windstream incurs as a result of collecting Customers unpaid charges.If Windstream does not receive full payment when due or does not receive payment
<br /> in immediately available funds,Windstream will add a late payment fee to the amounts owed and will calculate such fee as the total owed times interest at
<br /> the maximum rate allowable by law.
<br /> 6. Credit and Deposits.Customer authorizes Windstream to ask credit-reporting agencies for Customer's credit information.Windstream may require
<br /> Customer to submit an initial security deposit and/or advance payment and an additional deposit and/or advance payment if Customer increases Services,
<br /> Customer is late on payment,or Customer's credit rating changes.The deposit will be refunded if satisfactory credit has been established or upon
<br /> termination of this Agreement for any reason,except that Windstream at its discretion may apply the deposit to any amount due and unpaid by Customer.
<br /> 7. Services Location;Moves.Customer is responsible for providing an environment that is suitable for the Services,including equipment that is compatible
<br /> with Windstream's network. Customer shall provide Windstream with the correct address to obtain Services,because Windstream relies on such information
<br /> to determine which taxes,fees,surcharges and assessments apply to the Services.If Customer does not provide a valid address,Customer will be
<br /> responsible for any resulting taxes,fees,surcharges,assessments and penalties related thereto.Customer will notify Windstream if Customer's address
<br /> changes,in which case Windstream may either(a)terminate the affected Services,or(b)allow Customer to provide sixty(60)days'advance notice to
<br /> Windstream to move Services to a new Nation and pay any applicable installation charges.Customer will enter into a new agreement for such new
<br /> location,or Windstream will apply the liquidated damages set forth in Section 15 for the terminated location.Charges,including reasonable administrative
<br /> costs and fees incurred by Windstream may apply as a result of Customer's move,in addition to a change in MRCS.
<br /> 8. Windstream-Provided and Owned Equipment.Any equipment installed by Windstream on Customer's premises that is not the subject of a sale to
<br /> Customer(such as the CSU/DSU,interface cards,Channel Bank and routers,if applicable)shall remain at all times the property of Windstream. Equipment
<br /> shall remain in good condition,less normal wear and tear.Windstream shall be responsible for the maintenance and repair of the equipment unless it is
<br /> damaged as a result of the action or inaction of Customer or its employees or agents,in which case Customer shall reimburse Windstream for the cost of
<br /> any necessary repairs.Customer shall provide Windstream reasonable access to the equipment for purposes of repair,maintenance,removal or otherwise.
<br /> If Windstream does not have access to Customers premises within thirty(30)days after Customer terminates this Agreement,or if Windstream requests
<br /> Customer return the equipment and Customer does not return the equipment to Windstream within thirty(30)days of termination,Customer shall reimburse
<br /> Windstream for the full purchase price of the equipment as well as any attorney's fees and costs.Customer shall pack and ship the equipment in such a way
<br /> so as to limit and/or avoid damage to the equipment.In the event the equipment is damaged in shipping,Customer shall be responsible for the cost to
<br /> replace the equipment.
<br /> 'Windstream is defined for purposes of this Agreement to mean Windstream Communications,Inc.or such authorized Windstream affiliated entity providing
<br /> Services to Customer as identified on Customer's bill.
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