A. SERVICE CHARGES.
1. CONDITIONS OF SERVICE
Any fees for installation, equipment, first month's service charge, transfer, reconnection, and service change or any other one-time service fees are collected at the time service is performed. Customer agrees to pay PGI beginning the day Service is connected and billed monthly thereafter by U.S. Mail or other preferred methods. Payments may be made by money order, Visa/MasterCard, American Express, Discover or electronic payment.B. INSTALLATION AND ACCESS TO EQUIPMENT.
Customer will make Customer’s premises available to authorized representatives of Phonoscope Global, Inc. (hereinafter, “PGI”) for inspection, audit, repair, replacement and/or removal of the equipment during regular business hours. Failure to permit access to the equipment may result in termination of service. PGI shall not be liable for the operation, maintenance, service or repair of any customer-owned television set, home theater device, VCR, gaming device, computer equipment, power strip, power conditioning device, DVD, DVR, audio system or any other customer-owned equipment on the premises (“Customer Equipment”). Information on closed caption decoders will be provided upon request. Customer warrants he/she is either the owner of the Customer Equipment or has the authority to give PGI access to the Customer Equipment.C. TRIP CHARGE.
Trip charge will be billed at $37.50/hour and will be charged at PGI’s discretion. This charge will include trips made for custom hook-ups, customer negligence or customer preference in lieu of phone support resolution.D. ACCEPTABLE USE POLICY.
Use of PGI’s Fiber Optic Internet Services is subject to the following Acceptable Use Policy. Customer agrees not to use or attempt to use, or allow third parties to use or attempt to use, the Services provided to Customer for any of the following purposes, whether by transmission or storage: (a) To use any PGI equipment for anything other than its intended purpose; (b) To violate or encourage the violation of the legal rights of others; (c) For any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (d) To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (e) To operate servers for commercial purposes other than personal, non-commercial use of servers that complies with this policy including using virtual private networks (VPN) to access services in Customer’s home and using hardware or applications that include server capabilities for uses like multi-player gaming, video-conferencing, or home security systems; (f) To generate or facilitate sending unsolicited bulk commercial email or spam email; (g) To resell or repackage, with or without charge, the Services for use by individuals other than those with whom Customer shares his or her residence. The Phonoscope service is sold for end users only and Customer agrees not to use the Service for operation as an Internet Service Provider or for a Web Hosting enterprise or to provide services to a third party in any manner or through any direct or indirect arrangement. If Customer wishes to use the Services to provide internet service to others, Customer must enter a separate agreement with PGI that specifically authorizes Customer to do so; (h) To interfere with the use of the Services or the equipment used to provide the Services; and (i) To alter, disable, interfere with, or circumvent any aspect of the Services, including but not limited to security features of the Services. Examples of system or network security violations include, without limitation, the following: (1) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (2) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; (3) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; or (4) Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Customer is responsible for all activity on the Services provided to Customer by PGI, whether such activity is undertaken by Customer or someone else. If Customer uses Services in a residence or other location not owned or controlled by Customer, third-party agreements may exist which impact the Services. PGI is not a party to such agreements and therefore is not responsible for nor bound by such agreements. If PGI determines that the address at which Customer receives Services is not associated with the type of premises contracted for within Customer’s Service Agreement, PGI may require Customer to transition to another type of account in order to continue providing Services. This transition may include an increase in fees for the Services. Failure to comply with this provision may result in suspension and/or termination of the Services. PGI reserves the right to modify this Acceptable Use Policy at any time, effective upon posting of the modified Policy to this URL:
If payment is not received within twenty (20) days after the due date, PGI reserves the right to disconnect service. Past due accounts have a reconnection fee of $30.00 plus payment of any past due balances. The reconnection fee for an account in good standing is $20.00.
3. ALL BILLABLE ITEMS ARE SUBJECT TO APPLICABLE TAXES AND REGULATORY FEES.
Customer is responsible for all charges associated with the Services including but not limited to applicable federal, state and local taxes and fees (however designated), and regulatory recovery fees for municipal, state and federal government fees or assessments imposed on PGI v4 .
4. REFUND AND CREDIT POLICY.
Pre-pay Customers will receive a refund for cancelled Services on a daily pro-rata basis. We will refund any balances above $1.00 thirty (30) days after service termination (or upon the return of any equipment, if later). Any balances less than $1.00 will only be refunded upon request and will be made available for pick-up at our offices. Monthly-pay Customers will not receive any refund for cancelled Services. Upon request, credit adjustments will be made to accounts if services are out or significantly impaired for a period in excess of twenty-four (24) consecutive hours.
5. SERVICE INTERRUPTIONS OR PROBLEMS.
You may call (713) 272-4600 to report any service problems. If the problem cannot be solved over the telephone, a service order will typically be scheduled within twenty-four (24) hours of the initial call. PGI shall assume no liability for credit of interrupted service unless service is interrupted for more than twenty-four (24) consecutive hours. If all service is interrupted for more than twenty-four (24) hours, a pro-rated credit will be issued by PGI on request. In no event shall the pro-rated credit exceed the standard service fee. Service calls for service impairment are at no additional charge, unless the resolution is related to equipment or set-up not provided by PGI or for customer convenience related to routine operation of Service. PGI assumes no responsibility for the quality or condition of the receiver (TV set) used or any other Customer Equipment.
6. EMERGENCY OUTAGES AND POWER SURGES.
Violent weather, fallen utility poles or activities of other utility companies can cause occasional service interruption and are handled immediately. Power surges can occur due to inclement weather or power company fluctuations and it is recommended that electrical appliances be disconnected from wall outlets during electrical storms to avoid potential damage. PGI is not responsible or liable for any damage caused by emergency outages or power surges.
7. SERVICE INSTALLATIONS.
PGI employees and/or representatives wearing appropriate identification will perform all Service installations and repairs. DISCLAIMER: IN PGI’S SOLE DISCRETION, PGI WILL NOT PERFORM ANY TYPE OF INSTALLATION WHICH WILL CAUSE AN UNSAFE HAZARD.
PGI guarantees to support the Services to Customer’s premises through the duration of the Residential Service Agreement. In order to carry out this support, PGI shall install, maintain, service, operate and upgrade on the premises cable and fiber optic line, internal wiring, amplifiers, converters and other equipment necessary for the provision of the Services (“Equipment”). Except for all internal wiring which resides within the residential unit as of the date of installation (“Internal Unit Wiring”), the Equipment will be owned by and remain the property of PGI, whether or not attached to or incorporated in the Premises, and Customer will not have or obtain any right, title or interest therein. It is Customer’s responsibility to return any and all external equipment to PGI (i.e. converters, set top boxes, etc.). Customer will be responsible for the cost of any and all unreturned equipment (i.e. HD Converter Box $400.00, HD DVR Converter Box $600.00, Digital Converter Box $250.00, Telephone MTA $100.00).
9. ASSIGNMENT AND SEVERABILITY.
Customer may not assign the Residential Service Agreement without prior written consent of PGI. Customer must notify PGI immediately of any changes of ownership or occupancy of the service address listed in the Residential Service Agreement. PGI, however, may freely assign its rights and obligations under the Residential Service Agreement with or without notice to Customer. If any provision of the Residential Service Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Residential Service Agreement, shall remain in full force and effect.
10. DISCLAIMER OF WARRANTY.
Customer acknowledges and agrees that PGI exercises no control over, and accepts no responsibility for the content of the information passing through PGI’s host computers, network hubs and points of presence (the PGI Network) or the Internet.
PGI MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT PGI PROVIDES. NEITHER PGI, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, SUCCESSORS OR ASSIGNS, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICED OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. PGI IS NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF ITS CUSTOMERS VIA THE PGI SERVICE(S).
Customer will indemnify, save, hold harmless and defend PGI and all employees, officers, directors and agents of PGI (collectively, “Indemnified Parties”) from and against all claims, damages, losses, liabilities, suits, actions, demands, proceedings, attorney’s fees and expenses threatened, asserted or filed by a third party against any of the Indemnified Parties arising out of relating to the use of Services by Customer, including any violation of the PGI Acceptable Use Policy.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL PGI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will PGI’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12- month period prior to the date of damage or loss occurred or the cause of action arose.
13. FORCE MAJEURE.
PGI shall not be liable for failure or delay in performing its obligation hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
14. GOVERNING LAW.
The validity, interpretation, enforceability and performance of the Residential Service Agreement shall be governed by and construed in accordance with the laws of the State of Texas with venue for all disputes in Houston, Harris County, Texas. All claims, demands, disputes, controversies, and differences that arise between the parties under the Residential Service Agreement will be settled by binding arbitration through AAA.
15. AUTHORITY AND ENTIRE AGREEEMENT.
Customer represents and warrants that customer has full authority and right to enter into the Residential Service Agreement. Customer further represents and warrants that customer is at least 18 years old. The Residential Service Agreement, and any other document or agreements specifically identified in the Residential Service Agreement, supersedes all previous representations, understandings and agreements. The Residential Service Agreement may not be amended without prior written consent of PGI.
16. EQUAL OPPORTUNITY EMPLOYER.
Phonoscope Global provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, [Company Name] complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.
No representation, statement, or warranty, other than as specifically set forth herein shall be binding on PGI. Customer further understands and agrees that PGI, in its sole discretion, may refuse future Service should Customer willingly and knowingly violate any terms of the Residential Service Agreement or for any other reason in PGI’s discretion.
Phonoscope Global has designed a maintenance and support plan to meet the needs of the Fiber Optic Network installed by Phonoscope Global. The support plan is designed to provide on-site support response within two hours of notification, 24 hours per day, 7 days per week according to the following Service and Maintenance plan:
• Network Availability:
Phonoscope Global shall make all reasonable efforts to ensure 99.9% network availability of the Applicable Fiber.• Network Operations Center:
Phonoscope Global Support Plan is based on providing customer support functions including problem tracking, resolution and escalation support management on a 24x7x365 basis. Customer has the right and is encouraged to call concerning any problems that may arise relative to its connection with Phonoscope Global provided services.• Trouble Reporting:
Upon interruption, degradation or loss of service, Customer may contact Phonoscope Global by calling (713) 272-4600. Minor problems can be reported through e-mail: firstname.lastname@example.org.
Upon contact from the Customer, the Phonoscope Global support team will initiate an immediate response to resolve any Customer issue. Customer will receive rapid feedback on trouble resolution, including potential resolution time.• Escalation:
In the event that service has not been restored in a timely manner, or the Customer does not feel that adequate attention has been allocated, the Customer can escalate the trouble resolution by request. A list of escalation contacts will be provided when implementation schedule is completed.• Resolution:
The Customer will be notified immediately once the problem is resolved and will be asked for verbal closure of the incident.• Trouble Reporting, Escalation and Resolution:
At the time of contract execution, the Customer agrees to provide Phonoscope Global with an overview of its internal procedures for trouble reporting and resolution. The Customer list of escalation contacts will be included in this. The Customer agrees to provide at least customary first level support to assist Phonoscope Global in closing the incident report.• Measurement:
Phonoscope Global stated commitment is to respond to any outage within two (2) hours and a four (4) hour restoration of service. Time starts from the time the Customer contacts Phonoscope Global and identifies the problem.• Credits:
Customer shall be entitled to request credits against future monthly charges, as set forth in Table A, for each Service that is the subject of an Outage for more than the period of time set forth in Table A. An Outage shall be deemed to have commenced upon the earlier of (i) an alarm signifying such Outage, (ii) when Phonoscope Global learns of same or (iii) Customer otherwise learns of such and notifies the Phonoscope Global network control center, and shall end at the earlier of the time when Service is no longer unavailable or the condition causing the alarm has been rectified.
None of the above credit allowances apply to Outages: (i) caused by a failure in the Customer provided connection facilities, (ii) caused by Customer; (iii) due to failure of power or equipment provided by Customer or others; (iv) during any period in which Phonoscope Global is not given access to the Service premises; (v) of Off-Net Services, or (vi) due to scheduled maintenance and repair. Customer shall be responsible for all maintenance and repair of the Customer provided connection facilities. If an Outage occurs in Off-Net Services, and Phonoscope Global receives a credit or other payment from a third party for such Outage of Off-Net Services, such credit or other payment will be passed through to Customer by Phonoscope Global. Notwithstanding any other provision herein, the above credits shall be the sole and exclusive remedy of Customer for outages.
Credit Allowances do not apply to service outages (i) caused by the negligence or acts of Customer and/or and End Users or its agents, (ii) due to power failure; (iii) the failure or malfunction of non-Phonoscope Global equipment or systems; (iv) circumstances or causes beyond the control of Phonoscope Global or its agents; (v) during any period in which Phonoscope Global is not given access to the service premises; or (vi) an unscheduled emergency maintenance, scheduled maintenance, alteration or implementation.• Reports:
Monthly Phonoscope Global service utilization statistical reports will be provided to Customer thru a web-based access portal.• Representation and Warranty:
Phonoscope Global represents and warrants to Customer that (i) the Service provided over its Network hereunder shall be 99.997% free of errored seconds over a one (1) month period for each Service, other than for reasons of Planned Service Outages (scheduled maintenance). Error free seconds shall consist of the Customer’s data packets transmitted over the Phonoscope Global Network using 802.1Q VLANs being unaltered or unchanged within the standards provided in this Service Level Commitment. Actions or inactions of the Customer or third parties can impair or disrupt the Customer’s data packets. In the event the standard established herein is not met in a given month, upon written request of Customer, Phonoscope Global will investigate the circumstances, isolate and remedy the cause.• Components Included (but not limited to):
- Phonoscope Global provided Customer Premise Equipment
- Phonoscope Global provided Data Circuit
- All Ports on Phonoscope Global equipment (Switches, Routers, etc.)• Components Excluded:
- All components during downtime for Phonoscope Global previously scheduled maintenance windows. Phonoscope Global shall provide seven (7) day notification of all scheduled maintenance. Scheduled maintenance shall be performed between the hours of 12:00 am to 6:00 am local timeFast / Gigabit Ethernet patch cables (both fiber and copper)
- Any Phonoscope Global components within the Customer’s Facility that cannot be corrected due to unavailability of the Customer or inaccessibility of its premise
- Customers equipment or Content
- Force Majeure• Bandwidth Usage:
Phonoscope Global will allow the Customer to burst beyond their contracted bandwidth to a maximum port speed of 100 Mbps (if applicable). Phonoscope Global will collect and record usage samples around the clock at frequent, regular intervals and calculate a monthly total which effectively disregards bursts of the top five percent (5%) usage within the total monthly sample, without incurring additional charges. Customer will only incur additional charges, in per Meg increments if the total of the remaining ninety-five percent (95%) usage exceeds the contracted bandwidth. If the Customer at any time chooses to limit their bandwidth access to the contracted rate, Phonoscope Global will rate shape the unique circuit port to guarantee a not-to-exceed bandwidth and allow the Customer to maintain the same monthly recurring fee. Phonoscope Global shall waive any incremental charges upon the first time occurrence where the Customer exceeds the ninety-five percent (95%) rule. Customer shall elect one of the following options:
- The Customer may rate shape the bandwidth to guarantee to not-to-exceed bandwidth assuring the same monthly recurring fee; or
- The Customer may increase the circuit bandwidth to reflect the additional bandwidth needed. (Phonoscope Global will generate a Change Order Confirmation to the existing Service Order reflecting this change and forward to the Customer); or
- The Customer agrees that any future occurrence to the Customer exceeding the ninety-five percent (95%) rule will generate the standard incremental charges as identified herein.