CUSTOMER ELIGIBILITY. Individual Customers represent and warrant that they are at least 18 years of age and have full legal authority to execute this Agreement. If a Customer is not an individual but is a corporate or organized entity, the individual representative executing this Agreement represents and warrants that he/she has full legal authority to execute this Service Agreement on behalf of the Customer.
SUBSCRIPTION AND PAYMENT TERMS. Customer agrees to pay monthly charges in advance, including all applicable taxes and fees. Customer agrees to pay for all Services provided by Company including but not limited to charges for installation and equipment.
MEMBER PORTAL. Customer is required to complete the Member Portal registration process following the in-home installation. Company does not send a paper bill. Company charges a fee of $ 4.00 to provide a paper statement. Customers are encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments. The Customer portal can be found at https://billing.kosciuskoremc.com/oscp/
LATE/OTHER CHARGES AND SECURITY DEPOSIT. Customer shall make all payments to Company when due. Customer understands that Company may require a security deposit and/or issue an administrative late fee (“Late Fee”) for monthly charges not paid by stated due date. The Late Fee is a reasonable estimate of costs to manage past due accounts. Examples of these costs include preparing additional bill statements, processing Customer service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts. Company does not extend credit to Customers and the Late Fee is not interest, a credit service charge, or a finance charge. If Service is disconnected, Company may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any Late Fee, before service is restored. If Customer’s check is returned for insufficient funds, Company may impose a service charge up to $25.00. If Customer has not paid amounts due within 30 days of the due date, a collection agency and/or attorney may be engaged to collect amounts due. Customer agrees to pay Company for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.
OWNERSHIP OF EQUIPMENT-RISK OF LOSS. Equipment and other property and facilities installed by Company in or on Customer premises to deliver the Services to Customer, including without limitation, inside or outside Optical Network Terminals (ONT), wireless routers, and wiring (“Equipment”), shall remain the sole and exclusive property of Company. Customer assumes the risk of loss, theft, or damage to all Equipment at all times prior to the removal of the outside Equipment by Company or return of the inside Equipment by Customer. Customer agrees to pay any Equipment charges associated with the Service. Upon termination of Service for any reason, Customer agrees to immediately return all inside Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Company within 5 days of the termination. In the event that the Equipment is destroyed, damaged, lost or stolen, or the inside Equipment is not returned to Company for any reason within 5 days of termination, including fire, flooding, storm or other incident beyond Customer’s control, Customer shall be liable to Company for the full replacement cost for any unreturned or damaged Equipment. Further, Customer understands and agrees that Company may charge the credit card on file at time of termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
TAMPERING/MISUSE/LOST/STOLEN. Customer shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Customer is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Customer possession, Customer shall be liable for the cost of repair or replacement of the Equipment.
TERMINATION OF SERVICE BY CUSTOMER. Account holders may terminate the Services in person at the Company office or by telephone. Account holders are liable for all Services rendered by Company up to the time the account has been de-activated.
THEFT OF SERVICE. The receipt of Services without authorization is a crime. Customer understands that the law prohibits willful damage, alteration, or destruction of Equipment. Customer may be subject to both civil and criminal penalties for such conduct. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from Company.
TERMINATION OF SERVICE BY COMPANY. Company will give Customer five (5) days’ prior notice of disconnection of all or part of the Services, except if the disconnection is requested by Customer, or due to Acceptable Use Policy violations. If Customer’s bill is not paid after notification is received, Company may disconnect the Services. Upon termination for any reason, Company may charge additional fees on any unpaid balance. Further, Customer understands and agrees that Company may charge Customer’s credit card on file at termination of Service in the amount of any outstanding balance, fees and for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
CHANGES IN SERVICE/CHARGES. Company may change or eliminate Services and charges.
- Company will give Customer 30 days’ notice of increases or other changes in charges, or
- Changes to or elimination of Services in conformity with applicable law.
SUPPLEMENTAL TERMS AND CONDITIONS APPLICABLE TO VOIP PHONE SERVICE
RATES AND CHARGES. The rates and charges for the Voice Services are set forth in the Agreement, together with any and all of Company taxes, fees and surcharges, as applicable and as amended from time to time. With respect to any Voice Services provided by Company to Customer for which a rate is not specified in the Rate Schedule, Company’s standard retail rates shall apply. Company shall provide Customer with a current rate schedule for its standard retail rates at time-of-service activation, from time to time, and at the request of Customer.
TAXES AND SURCHARGES. In addition to the rates and charges for the Voice Services, Customer shall be responsible for payment of all local, state and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Voice Services and any Equipment, excluding taxes based on Company’s net income. Customer shall be responsible for the payment of all surcharges in effect from time to time, including but not limited to USF, 911 surcharges, and federal and state regulatory surcharges, as required or permitted by applicable law or regulation and/or as specified on the Company’s website.
VOIP USAGE BILLING. Billing for any usage associated with Voice Services, including but not limited to Directory Assistance, Toll Free Service Charges, International Calling, will occur in arrears (for prior month’s usage-based Services).
CUSTOMER RESPONSIBILITIES. Customer shall be responsible for providing the following to support Voice Services: (i) broadband internet connectivity; (ii) all equipment, software, facilities and/or Internet Protocol (“IP”) connectivity necessary to reach and interoperate with the Voice Services and the Company; and (iii) all other equipment, software and other facilities to be installed, including without limitation, routers, IP enabled phones and/or analog telephony adapters.
UNAUTHORIZED USE OF VOICE SERVICES. Company shall have the right (but not the obligation) to take protective action against Customer in order to protect Company’s network from any unauthorized use, which protective action may include, without limitation, the temporary blocking of Customer’s voice traffic until the applicable problem is resolved in Company’s reasonable discretion. The Voice Services do not support and Company will not accept 976/900 and such other call types in which charges are placed on an end-user’s bill and Company might be expected to act as a collection agent. Use of predictive dialers for more than five percent (5%) of all calls made is prohibited without Company’s prior written consent.
VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY. Customer understands and acknowledges that access to Voice Services may be lost or may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) Company’s network or facilities are not operating; (ii) broadband connection is lost; (iii) Customer is experiencing a power outage; (iv) electrical power to the optical network terminal (ONT) is interrupted; (v) Customer failure to provide a proper service address or moving the service to a different address. Customer understands and acknowledges that in order for 911/E911 calls to be properly directed, Company must have the current service address and if Service is moved to a different address without Company’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding, or the Voice Services (including 911/E911) may fail altogether. Customer is required to notify Company of any change of address of the ONT for 911/E911 calling service to work properly. Customer agrees that, to the maximum extent allowed by law, Company shall have no liability for any damages caused, directly or indirectly, by Customer’s inability to access the Voice Services, including 911/E911 services. Customer agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, affiliates and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or any third party or user of account relating to the absence, failure, or outage of the Voice Services, including 911 dialing and/or inability of Customer or any third person or party or user of the Voice Services to be able to dial 911 or to access emergency service personnel.
CPNI. Under federal law, Customer has the right, and Company has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer’s Voice Services usage (CPNI). Customer hereby consents to the sharing of Customer’s CPNI or other personal information with Company and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Customer’s attention any products and services, or in the event of any merger, sale of some or all of the Company’s assets, as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the Company. This consent survives the termination of Customer’s Service and is valid until revoked by Customer. To remove this consent at any time, Customer must notify Company in writing at 370 S. 250 E. Warsaw, IN 46582 Attn: Customer Service and provide the following information: (1) Customer name, (2) Service billing address, (3) telephone number including area code, and (4) service account number. Removing consent will not affect the Customer’s current Services.