HomeMy WebLinkAboutContract 1851
Telecommunications Service Agreement
Date:
Customer Information
Ordered By/Title
Business Name
Physical Location
City, State, Zip
~1(~t n:~_.
r:R)ltnYtb~ih1S, fYVJ ,~Cft-{
PO Number
Phone ~3 - 7~(r 3t:::oo
Fax
Type of Business (Jifr. dIr/CeS
Main Yellow Pages Heading
Billing Information
Bill To SI1f}'l~
Billing Name
Street Phone
City, State, Zip Fax
Special Billing Requirements 0 YON If yes, attach separate page Witll description.
Service Information DNew Install DMove DAdd DDiscollilect DReplace DContract Renewal
Product Type ~ Local Switched 0 Dedicated ~ Data 0 IntraLata 0 Interstate 0 Other
Comments if tho Gumber of~'gi('e lines at an Xdata leelltion falls belovv 5 lin€s (8 in EEL locatioGg), gata vvill be; Glll1cdJed allJ c;c:uly
termination charget; will apply to that location.
Service Contacts
Physical Address: Room/Floor
Street City
Name Phone
BusHrs Requested Install (D/T)
Other Telephone Service Providers
Equipment Vendor 5dR
Vendor Tele hone
State Zip
Test TumUp Pager #
Bldg Access Pager #
Current Local Provider
Current LD Provider
Toll Free Provider
Description of Services/Equipment
Term
NOIll-Recurrinl! Char!!e
Unit Total
;),(J . OJ
. **FCC/911/LNP/USF/Federal and State taxes and Additional Directory Listing charges apply. Local usage charges apply ifapplicable.
Total: $'- o/e.f5".CIJ Total: $ (J.f!/J
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOUR TDS METRO COM TELEPHONE SERVICE ORDER IS AS STATED ABOVE AND THAT YOU HAVE READ
AND AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINEiIHN'THIS AGREEMENT INCLUDING THE BACK PAGE HEREOF AND IN ANY
APPLICABLE TARIFFS. SUBJECT TO THE TERMS AND CONDITIONS STA1rnO IN THIS AGREEMENT, THE PERSON OR ENTITY NAMED ABOVE
("CUSTOMER") HEREBY COVENANTS AND AGREES TO RETAIN TDS METROCOM, LLC. ("TDS METROCOM") TO PROVIDE TELECOMMUNICATION
SERVICES DESCRIBED HEREIN (COLLECTIVELY THE "SERVICE"). EXCEPT AS PROVIDED HEREIN, THIS AGREEMENT IS l'TONCANCELLABLE. THIS
AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERCEDES THE PROVISIONS OF ANY PUIIlCHASE ORDER OR ANY
OTHER DOCUMENT.
Customer responsible for cancellation of current long distance carrier service. Customer initials _
~~STOMER ~d-4#~
Authorized Representative
Vatf re..~st
Cl~ 1Mt1~jl.-Oer
TDS METROCOM, LLC.
By: "T'o-r.-. u~
Authorized Representative
Name:
Title:
Name:
Title:
TELECOMMUNICATION SERVICES AGREEMENT
1. AGREEMENT. During the term of this Agreement, US Link, Inc. - dba - IDS METROCOM ("TDS METRO COM"). agrees to provide the Service tOlCustomer and! Cl!Istomer agrees to purchase the
Service subject to the tem;ms :al1ld conrlltlilill1lS of this H\qJreernernt anti lim IDS IMEiffiOCOM's general and special tariffs filed with the applicable state public service commission as modified from time to
time as well as any general and special tariffs of other carriers in which TDS METROCOM concurs.
2. COMMENCEMENT AND TERM OF SERVICE. lTIlnis "'Jlreemeliit ,slm3ll!beoome effective upon execution by authorized representatifJes of TDS METROCOM andl Customer. TDS METROCOM
reserves the right to terminate this Agreement with or without cause at any time prior to the commencement of Service. In the event that any installation or other non-recurring charge incurred in
connection with the Service requested by Customer is higher than the estimated charge quoted Customer on the front page hereof, Custl!lmer shall have, the right to, temni<1ate this Agreement within 10
days of notice by TDS ~OCOM mifWlne amourntmif SJ!ldln ,~e. lTIlne Ilern:n .of this Agreement shall begin on the latter of the requested service date or the day: follbwing the date in which TDS
METROCOM notifies ClJIStliInmer !hat ~lae Sennce is rraal!ly m IlJIse (~lae "Ser>lice Commencement Date") and shall continue until the expiration of the' applicable tenn, for the Service ordered. At the
expiration of the term, this Agreement shall continue in effect with respect to the Service on a month-to-month base until canceled by either party on 30! days written, notice;, provided, however, that the
charge for Service during such renewal period shall be at the then current monthly rate charged by TDS METROCOM for such Service. In the event that any action, taken by any legislative, judicial or
regulatory body directly or indirectly causes a reduction in revenue or an increase in expenses with respect to the provision of the Service, TDS METROCOM shall have the right to increase the amount
of Recurring Service Chal'!!Jes set fortln llilm Wine front I;lJBSje lliIfWlnis Agreemerntlll!POn 30 days notice. Customer shall have the right to tenninate this Agreement within 30 days, of notice of the change in such
Recurring Service Charges
-----","m' 3. INSTALLATION AND CUSTOMER RESPONSIBILITIES. IDS METRO COM shall only be responsible for bringingl the lines ordered by Customer to the Customer designated
demarcation point at Customer's premises where IDS METROCOM's equipment terminates. In no event shall TDS METROCOM be responsible for connecting, installing, or wiring past the demarcation
point. Customer agrees and acknowledges that it shall be Customers sole responsibility to provide and arrange for all necessary wiring and equipment required to, extend dial tone including phone
system programming anrll any other related 'Wiring omwmnk ,required IlID iit1i1piierne1ilt!he Service. Customer agrees to (i) provide full and unrestricted access, to premises oft Customer by personnel of TDS
METROCOM for all instaliatilil,n, maimanance and "flpair seniices, iif any, ttm Ime jprcvided under this Agreement; and (Ii) to provide TDS METROCOM electrical power to, operate Service and adequate
space in Customer's premises to house any equipm.ent used in connection with provision of the Service.
4. PAYMENT. Customer aJlrees to ~irnely Ipay 1UlS IMEiffiOCGlM ttlarel!lglnol!ll!he tenn of this Agreement the Service Charge together with installation and fees set forth on the front page hereof.
Customer also agrees to pay any applicable tariffed miles ilmr Semmes. lTIlae IfiI'St monthly Service Charge shall be prorated from the Service Commencement Date throl!lg,lm the end of the calendar month
in which the Service Commencement Date occurs Nonrecurring charges are payable with the first Service Charge. TDS METROCOMI shall submit momthly invoices, to' Customer and payment of all
charges thereon shall be due at the address shown on the invoice no later than 20 days after invoice date. Any amounts not paid within 22 days of the invoice date will be subject to a late charge of
1.5% per month or at the mmal<lmum laWfujI nate, whiiIlhevilr iis liowar. /AmY'ii!Ji1pilicalble surcharge, federal, state, local, use, excise or sales tax or similar'le,vy chargeable, to, or against TDS METROCOM
because of the service provided to CIJISttlrner shall lneldla8l'!!Jed ttm ;amd Ipaid!by iDl!Istomer in addition to the Service Charge and other charg,es in this Agreement. If payment of a check is retumed due to
insufficient funds, Customer will be in immediate default and subject to a retum check charge of $25.00.
5. INTERRUPTION OF SERVICE, For any interruption of Service that is not due to negligence or non-compliance with any tenn or condition of this Agreement by Customer orthe failure of operation or
malfunction of facilities, power or equipment provideti Imy ~Iile iDusmmer, IDwstl!lmer will be entitled to a credit against the mortthly Service Charge. Service win be deemed; to, be interrupted from the time
TDS METROCOM receives notice from Customer that the Service Is not working until the time the Service is working. Unless provided otherwise by law' or tariff, credits, shall be calculated on the basis
of a 3D-day month and shall be credited upon Customer request against the monthly Service Charge as follows:
First 30 minutes: none 30 minutes to 3 hours: 1/10 day Each additional 3 hour period (or fraction thereof): 1/5 day
If the duration of the outage is more than 24 hours but less than five days than the credit shail be the pro rated amount of the Customer's monthly Service Charge. If the duration of the outage is five
days or longer than the mel!ltt Shall be ttlae iPr:o rate!tl ,arnowrnt of ttlne (Dwstl!lme!'s monthly Service Charge for the first four days of the outage and $5.001 per day for each: day thereafter in an aggregate
amount not to exceed the monthly Service Charge.
6. DISCLAIMER OF WARRANTIES. ms METR(!IDC!l1\1l MAKESII1UD\Vl/A'RRANTY AS TO THE CONTINUOUS OPERATION OF THE SERVICE OR: ANY SPECIFIC FEATURE OF THE SERVICE.
ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED.
7. LIMITATION ON OA'I\1II!<GESlCl.J}/11\1I i'ERIOO_ 1l1IDS METRIllOO1\lI :5HlAll. NOT BE LIABLE IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, OR omHERWISE, FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL iIllR iOONSEQl!JElilmllllL IiJA'M11(GiES \lIlllilAifSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS, OF PROFITS OR REVENl!JE, LOSS OF THE USE OF THE
SERVICE, LOSS OF DATA, CUSTOMER'S INABILITY TO USE THE SERVICE, INTERRUPTIONS OR CLAIMS BY THIRD PARTIES. THE PARTIES AGREE THAT TO THE EXTENT PERMiTTED
BY APPLICABLE LAW.1l1IDS METROlOC!lM UMITS Wtll>BlUliIY REL>>.lI1EIJl i1iO ilHE PROVISION OF SERVICES AS FOLLOWS: FOR DIRECT DAMAGE TDS MEliROCOM'S LIABILITY IS LIMITED
TO THE AMOUNT PAID BY CUSTOMER FOR SERVICES GIVING RISE TO, OR WHICH ARE THE SUBJECT OF, THE CLAIM WHEliHER SUCH CILAIM ALLEGES BREACH OF CONTRACT, OR
TORTUOUS CONDUCT IlIilCLUDlNG\, IBM NOT WINlI1l1ElD ifQ, illlBGlJIGENCE OR ANY OTHER THEORY. NO ACTION REGARDLESS OF FORM ARISING, OUT OF THE SERVICE OR
PERFORMANCE BY TDS METROCOM UNDER THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. TDS
METROCOM SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO CUSTOMER FOR ANY OMISSION OR ERROR WITH RESPECT TO CUSTOMER'S TELEPHONE DIRECTORY LISTINGS.
8. SUBSEQUENT LINE ADDITIONS/DELETIONS TO THIS AGREEMENT WILL BE AS FOLLOWS:
a.) Subsequent additions will be rated under a new Agreement or added to the existing Agreement, based upon the remaining period of the initial Agreement. For each new line added to this
Agreement after a 60 day grace period, an installation charge will be applicable, per the local tariff.
b) Subsequent feature additions or changes, after a 60 day grace period, will be assessed an installation charge appiicable per the local tariff.
c) If Customer does not maintain at least 75% of the quantity of lines under the initial Agreement over the life of this agreement, Customer shall be liable for a termination charge under paragraph 9 on
all lines cancelled.
_,,,ill"' 9. CANCELLATION: if Customer cancels this Agreement or reduces the number of lines below the minimum commitment levels stated above, prior to expiration of the respective term for
such service, Customer shall pay TDS METROCOM a cancellation charge. The cancellation charge will be calculated as; (a) the difference between the amount billed Customer under this agreement
for the services up to the date of cancellation, and the amount that would have been billed had the customer been billed at the rate applicable an agreement which had a term equal to the tenn between
the effective date of this Agreement and the termination date; plus (b) any installation and service fees that have been previously waived. If there is a partial cancellation, any volume discounts going
forward will be applied based only on the remaining volume. Either party may cancel this Agreement without liability in the event TDS METROCOM is prohibited from providing service or if any material
rate or term contained herein is substantially changed by final order of a court, administrative agency other body of competent jurisdiction. Tennination charges will not apply if the Customer replaces
the Service with a new contract with a term equal to or greater than the original term with a minimum commitment equal to at least 75% of the original commitment level under this Agreement. Each
Service designation is deemed a separate service and cancellation of any single service shall not affect the other services ordered by Customer in this Agreement.
10. DEFAULT. An evel1illof,default (iElIernt.or Defa1llf)),slaall oCD1!Irlqpmmlllaellilocl!lrrence of all or anyone of the following evertts: (a) the Customer does not pay when,dWe, any invoice; (b) the Customer
files, or has filed against It, a petition in bankruptcy or for its 'reorrmadizatiom, arn;amyement, composition or readjustment under the federal! bankruptcy code or any state, insolvency law or the Customer
liquidates all or a substantial part of its assets not in the ordinary course of its business, dissolves or takes other similar action; or (el: the Customer shall default in the perfonnance of any of its
obligations to TDS METROCOM or any assignee arising under this Agreement or any applicable tariff or any other agreement between the Customer and TDS METROCOM.
11. REMEDIES/TERMINATION OF SERVICE. U/ilIlll ttlae ,oocl!lrmenoe,o'f;am 1E1Iernt of Default, TDS METROCOM may, at its option and without notice orrdernand, exercise all or anyone or more of the
following remedies: (a) declare immediately due and payable all invoices and all other sums due or to become due hereunder or l!Illder any other agreement between the Customer and TDS
METROCOM; (b) tenninate or suspend ali of its obligations arising under this Agreement including Service, and any other agreement between the Customer a<1d! TDS METROCOM; (c) enter the
premises where any of IDS IMEiffiOOOM i13quipmemtiis Ilocatel!l amd 'ITflpossess all or any part of the equipment; or (d) exercise all other legpl and equitable, remedies which TDS METRO COM may have.
The foregoing remedies shall be deemed ,Dl!lmulativ.eamd lm1lay !belexerdised sl!looessively or concurrently as pennitted by law. The Customer win reiinbl!lrse TDS METROCOM for all fees, costs and
expenses, including all attorneY's fees, costs and expenses, incurred by TDS METROCOM to enforce all or any of its rights arising hereunder.
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12. REPRESENTATIONS AND WARRANTIES OF CUSTOMER. Customer warrants and represents to TOS METROOOfll1tthatW)) iDlJIstomer is to use the Service solely for business purposes; (Ii)
Customer has the right, power and authority to enter into and perform its obligations under this Agreement; (iiI) Customerlhasttakem.allttl1le requisite legal action to approve the execution, delivery and
performance of this Agreement; (iv) this Agreement constitutes a binding obligation enforceable against Customer in acconlanue\witln iits tterms; and (v) the individual executing this Agreement is either
the Customer individually or is a duly appointed officer or agent of Customer with the authority to execute this Agreement on behalf of Customer.
13. MISCELLANEOUS. The obligations of TDS METROCOM are subject to force majeure and TOS METROCOM shall m::Itlbeiil1i11BfauJlt under this Agreement if any failure or delay in performance is
caused by strike, power failure, accidents, acts of God, fire, fiood, adverse weather, lack of transportation, condemnation onexelIiiBeroifnii!!i1ntts of eminent domain, war or civil disorder, or any othe.-cause
beyond the reasonable control of TOS METROCOM. Any assignment, in whole or in part, by Customer of any right or obligation or of any interest hereunder without the written consent of TOS
METROCOM shall be void. Customer acknowledges certain duties and obligations of TOS METROCOM under this f~memem Innay be performed by certain affiliates of TOS METROCOM.
Notwithstanding expiration or termination of this Agreement, the provisions of the Agreement which by their nalure or conte<<tffirelmlllliil1BIi! or intended to survive shall survive and remain in full foroe .and
effect. All notices or requests which may be given by any party to the other party shall be in writing and shall be deemed tnlhave lhaem n!luily given on the date delivered in person or via express service
or on the date deposited, postage prepaid in the United States mail via Certified Mail, return receipt requested, to the Customer at ilhe address set forth on the front page hereof and to TOS
METROCOM at 525 Junction Road, Suite 6000, Madison, WI 53717, Attention: Contract Administrator. lihis Agreement tbmBther 'l"fllh any applicable tariff sets forth the entire agreement, and
supersedes any and all prior agreements between the parties with respect to the transactions set forth herein. R'ilo change" ffimenllmem 'lilr modification of any provisions of this Agreement shall be valid
unless set forth in a written instrument signed by both parties to this Agreement.
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