NEX-TECH TERMS AND CONDITIONS
1.1. “Agreement” shall mean this Phone Services Terms and Conditions document.
1.2. “Customer” shall mean the person or business whose name is on the Service account, along with any authorized employees, agents or other parties acting by or through Customer.
1.3. “ETF” shall mean Early Termination Fee.
1.4. “Fiber Drop” shall mean a buried or aerial fiber line that connects Customer’s home or business with Nex-Tech’s FTTP infrastructure.
1.5. “FTTP” shall mean Fiber-To-The-Premise infrastructure.
1.6. “NID” shall mean the Network Interface Device that connects Customer’s Fiber Drop with Customer’s telephone, Internet and television jacks.
1.7. “Related Party(ies)” shall mean officers, directors, employees, subcontractors, agents, affiliates, successors or assigns of Nex-Tech.
1.8. “Service(s)” shall mean Nex-Tech’s phone services including, but not limited to local phone service, long distance, Voice over Internet Protocol (VOIP) and calling features.
1.9. “Term” shall mean the entire time that Customer subscribes to Nex-Tech’s Services.
2.1. Nex-Tech shall provide Customer with access to Services pursuant to the terms and conditions of this Agreement and applicable tariffs.
2.2. Nex-Tech reserves the right to withdraw or alter any Service offering and shall have no liability whatsoever to Customer in connection therewith; provided that Nex-Tech must provide written notice of such changes to Customer at least thirty (30) days before the changes take effect.
3.1. During the Term of this Agreement, Nex-Tech shall provide Customer with nonexclusive, nontransferable, limited license to access and use the Services at such times as the Services are generally available.
3.2. All right, title and interest in the Services belongs to Nex-Tech, except to the extent that the Services are provided through Nex-Tech by third parties that possess copyright or proprietary interest therein. Customer shall not, by virtue of this Agreement, acquire any proprietary interest in the Services, or any records, materials or information accessed through the Services.
3.3. Nex-Tech reserves the right to revoke this License if Customer breaches any term or condition of this Agreement.
4. USE OF SERVICES; RESTRICTIONS.
4.1. Customer may authorize its employees, agents or other parties acting by or through Customer to access the Services pursuant to this Agreement. Customer is liable for all Service charges associated with such use.
4.2. Under no circumstance shall Customer use the Services in violation of any applicable laws, statutes, regulations or tariffs.
4.3. Customer agrees not to tamper with, alter or change any Services made available to Customer by Nex-Tech.
4.4. Customer may not publish or sell information retrieved through the Services, or use any such information in a manner that infringes any copyright or proprietary interest of Nex-Tech or any third party. Customer specifically agrees that it will not use the trade name “Nex-Tech” unless expressly authorized to do so in advance, in writing, by Nex-Tech.
4.5. Customers subscribing to Nex-Tech’s “No Limits Plan” for long distance, where available, must maintain this Service Plan for at least twelve (12) months or be subject to an ETF of One Hundred Twenty Dollars ($120.00). This Service Plan includes direct-dialed calls placed within the continental U.S. only and expressly excludes international calls, calling card calls, collect calls, directory assistance calls and 800/900 number calls. This Service Plan is intended for residential voice applications only, not for commercial or data applications. If it is determined that Customer’s use is not consistent with residential voice applications, Customer may be assessed an additional monthly charge, disconnected or moved to a different Service plan at Nex-Tech’s sole discretion. Customers subscribing to the No Limits Plan and Nex-Tech Dial-up Internet Service will be assessed a Five Dollar ($5.00) monthly fee for exceeding seventy-five (75) hours per month on the Internet.
4.6. Residential Phone Customers served by Nex-Tech’s fiber optic network have four options for backup power for home phone service, (a) purchase Protection Plus which includes installation and maintenance of a battery with an estimated eight (8) hours of backup, (b) purchase a Battery Maintenance Plan which includes installation and maintenance of a battery with an estimated eight (8) hours of backup, (c) purchase a battery from Nex-Tech and do a self-install. There is no maintenance included with this option and the Customer accepts full responsibility, or (d) purchase a battery from Nex-Tech and pay an installation fee for Nex-Tech to install. There is no maintenance included with this option and the Customer accepts full responsibility.
5. RATES; PAYMENT.
5.1. Customer shall be billed monthly for the Services, together with all applicable sales, use or similar taxes and mandated fees in accordance with an executed service order.
5.2. Customer shall be responsible for paying all charges by the due date on each bill. Interest shall be charged at a rate of one-and-one-half percent (1½%) per month, not to exceed eighteen percent (18%) per year, on any uncontested charges that remain unpaid following the due date. If partial payment is received, the application of such partial payment shall be solely at Nex-Tech’s discretion.
5.3. Customer shall pay all costs of collection of delinquent accounts, including reasonable attorney’s fees, as permitted by law.
5.4. Rates for Services are subject to change at Nex-Tech’s sole discretion; provided that Nex-Tech must provide written notice of rate changes to Customer at least thirty (30) days before the changes take effect.
5.5. If Customer terminates a Service that was part of a bundle, the rates for the remaining Services will be adjusted to the respective retail rates as appropriate.
5.6. If Customer cancels a Service that was offered at a special rate in exchange for a minimum term commitment, and the minimum term commitment has not been fulfilled at the time of Service cancellation, Customer could be assessed an ETF.
6. TERM; TERMINATION.
6.1. This Agreement shall remain in effect until notice of Service cancellation is given by either party.
6.2. Nex-Tech may, without incurring any liability, temporarily discontinue Services or terminate this Agreement, subject to any applicable tariffs, if Customer fails to submit timely payment for Services.
6.3. Service may be refused or this Agreement may be terminated immediately if: a) Service violates any applicable federal or state tariffs, statutes or regulations; 2) Customer provides false or inaccurate information in the course of obtaining Service; or 3) Service is used in a manner that is unethical, illegal, or interferes unreasonably with the rights of other persons.
7. WARRANTIES; LIMITATIONS OF LIABILITY.
7.1. Nex-Tech represents and warrants to Customer that Nex-Tech has the right and authority to provide Services pursuant to the terms and conditions of this Agreement. All Services furnished by Nex-Tech are provided on an “as is” and “as available” basis. Nex-Tech disclaims all warranties not expressly stated herein and expressly disclaims all implied warranties, including the warranties of merchantability and fitness for a particular purpose, to the extent legally permissible.
7.2. Nex-Tech expressly disclaims any responsibility for determining or providing compatibility between Customer’s equipment and the Services provided by Nex-Tech in order for Customer to access Nex-Tech’s Services.
7.3. Customer’s use of Services may be subject to periodic disruptions which may or may not be within Nex-Tech’s control and which may cause Customer to temporarily be unable to access Services. Nex-Tech makes no warranties, expressed or implied, to provide uninterrupted Service.
7.4. Neither Nex-Tech nor any of Nex-Tech’s Related Parties shall be liable under this Agreement for any obscene material available to or accessed by Customer.
7.5. To the extent permitted by law, neither Nex-Tech nor any of Nex-Tech’s Related Parties shall be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from: (a) any errors in or omissions from the Services or any information included therein; (b) the unavailability or interruption of the Services; (c) Customer’s use of the Services; (d) the content or accuracy of information included in the Services; or (e) any delays, failures of performance, or temporary interruptions of Service.
7.6. To the extent permitted by law, neither Nex-Tech nor any of Nex-Tech’s Related Parties shall be liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, attorneys’ fees) due to, resulting from or arising out of the Services or for Nex-Tech’s failure to perform any obligation under this Agreement, regardless of any negligence.
7.7. Notwithstanding Paragraphs 7.5 and 7.6, Nex-Tech’s liability under this Agreement or in connection with the Services shall be limited, to the extent permitted by law, to the allowance of a credit in the form of an adjustment for no more than the charges billed to Customer by Nex-Tech for Services in the period during which the event(s) giving rise to such claims occurred; provided, however, that no credit shall be given for event(s) spanning less than forty-eight (48) hours in duration. Customer’s right to a credit adjustment shall be in lieu of all other remedies which Customer may have against Nex-Tech, any third party providing Services to or on behalf of Nex-Tech, or any of Nex-Tech’s Related Parties.
8.1. Nex-Tech shall be indemnified and saved harmless by Customer from and against all loss, liability, damage and expense, including reasonable legal fees, caused by: (a) negligent acts or omissions of Customer that arise out of or are caused by the construction, installation, maintenance, presence, use or removal of the Services provided by Nex-Tech; (b) claims for libel, slander, invasion of privacy, infringement of copyright or trademarks, infringement of patents, invasion of privacy or alteration of private records arising from Customer’s use of Services; (c) claims relating to Customer accessing obscene material; and (d) unauthorized access to, or use of, the Services provided by or information obtained through Nex-Tech.
9.1. By submitting a service order or request for Nex-Tech Phone, Internet and/or TV Services(s), Customer hereby authorizes Nex-Tech to install a copper or fiber drop, Network Interface Device (NID), power supply and new inside wiring, as necessary, on Customer’s property for which the service order or request for services was placed; provided, that Nex-Tech or a Related Party will contact Customer to coordinate the placement and installation. Customer certifies that he/she is the owner of such property, or if not the owner, that Customer has disclosed such tenancy to Nex-Tech and has had a Rental Release signed by the property owner authorizing the placement of the copper or fiber drop, NID, power supply and inside wiring.
9.2. All notices required under this Agreement shall be considered given if delivered personally or mailed to Customer at the Service address or such other address provided by Customer. Customer shall be responsible for notifying Nex-Tech of any address or name changes associated with the Services within thirty (30) days of such changes taking effect.
9.3. This Agreement, together with an executed service order, constitutes the entire agreement between Customer and Nex-Tech with respect to the Services. This Agreement shall be governed by all applicable laws, regulations, statutes and tariffs, and is subject to change or termination. If the terms of any applicable tariff conflict with this Agreement, this Agreement shall control except when prohibited by law.