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Spectrum Enterprise v.180530 CONFIDENTIAL Page 5 of 26
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<br />commercial rates for an on-site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third
<br />party damage that may be necessary.
<br />(e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days
<br />of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and
<br />present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date
<br />shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If
<br />Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one
<br />or more MRCs in advance before reconnecting Services. Spectrum may charge a reasonable service fee for all returned checks and
<br />bank card, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney
<br />fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement.
<br />(f)Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time. Additionally, Spectrum may at any
<br />time require Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a
<br />bank, credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of invoices
<br />when due. Spectrum may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment
<br />available to Spectrum, for past due amounts.
<br />(g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Spectrum Service
<br />(“Bundle”), then the following conditions shall apply:
<br />i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which
<br />Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount
<br />to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for
<br />the respective Services.
<br />ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle,
<br />the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of
<br />Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged.
<br />8. ADMINISTRATIVE WEB SITE. Spectrum may, at its sole option, make one or more administrative web sites, including without limitation
<br />www.spectrum.net, available to Customer in connection with Customer’s use of the Services (each an “Administrative Web Site”).
<br />Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site and
<br />Customer must promptly change any Spectrum-provided user identifications and passwords to a secure, Customer-designated user
<br />identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords,
<br />whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Web Site,
<br />and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or
<br />password. In addition, to the extent permissible under the law including the public records laws of NCGS Chapter 132,Customer
<br />agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the
<br />Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site. Spectrum shall not be liable for
<br />any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Web Site. Spectrum may change or
<br />discontinue the Administrative Web Site, or Customer’s right to use the Administrative Web Site, at any time. Any additional terms and
<br />policies applicable to Customer’s use of the Administrative Web Site will be posted on the site.
<br />9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services. All such Customer
<br />support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer
<br />is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum
<br />Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is
<br />responsible for the installation, repair and use of Customer Equipment, including without limitation, Customer-supplied third-party
<br />hardware or software for the use of Spectrum Service or third-party services.
<br />Spectrum does not support third-party hardware or software used in conjunction with third-party services or supplied by Customer. Any
<br />questions concerning third-party hardware or software should be directed to the provider of that product. Spectrum assumes no liability
<br />or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or
<br />Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue
<br />to pay all applicable Service Charges. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third-
<br />party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in
<br />Section 7(d).
<br />10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS
<br />(a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out
<br />the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use
<br />the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement.
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<br />DocuSign Envelope ID: 7298C647-357F-4210-9C30-5CB0E645E4A1DocuSign Envelope ID: 1FAA0AF4-3445-4898-A26A-1F70B9FC5DD8
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