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HomeMy Public PortalAboutWindstream, Inc.windstream® connecting business to business REP' LSO: DELRAY BEACH MKT: WPBH Acct Type: Standard Mgr Review: _ CUSTOMER SERVICE AGREEMENT ORDER #: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct #: 1007746 LOCATION ADDRESS INFORMATION: BILLING ADDRESS INFORMATION. CONTACT: William Thrasher CONTACT: MICK GUYMON EMAIL: BTHRASHER@GULS-STREAM.ORG EMAIL: declined@nuvox.com PHONE: 5612765116 FAX: PHONE: 9546588087 FAX: ADDR: 100 SEA RD ADDR: 100 Sea Rd GLFSTRM, FL 33483 Gulf Stream, FL 334830000 Order Summary Qty Description MRC NRC Local ACCTL Account Service Order Charge 0.00 35.00 SDS05 Call Forward Variable 0.00 0.00 SDS06 Call Return 0.00 0.00 SDS07 Call Selector 0.00 0.00 SDS08 Call Tracing 0.00 0.00 SDS24 Caller 10 Deluxe w/ACR 0.00 0.00 LFB Complete Voice Line-WACP 0.00 15.00 COM11 Complete Voice WACP-1 27.99 0.00 RCFFX Foreign Exchange Line 19.95 0.00 1 in.Q SDS16 Repeal Dialing 0.00 0.00 SDS17 Speed Calling 30 0.00 0.00 SDS23 Three -Way Calling w/Transfer 0.00 0.00 WACP Wide Area Calling Plan 0.00 0.00 / Local Number Portability 1 -$0.35 0.35 FSLC Per Line Fee - Multi 1'$7.84 7.84 $56.13 $58.00 Total Change in Billing Amount 856.13 $50.00 FEES, SURCHARGES AND TAXES WHICH MAYBE APPLICABLE TO CERTAIN SERVICES ARE NOT INCLUDED IN THE PRICES HERE LISTED. )vim wc- a 11Tyti i7ilr� �y Aulhorized Signature Print Namenitle pa re Written By : dsheinberg Page 1 of ORDER 1l: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct 11: 1007746 CUSTOMER SERVICE AGREEMENT THIS AGREEMENT ('Agreement') is made by and between the Windslream legal entil(tes) Identified in the attached Proposal(s) and/or Service Schedules ('Propossl(s)') ("Company") and the customer ('Customer'). The Parties agree as follows: 1. Term and Renewal. This Master Agreement and its Proposal(s) incorporated herein by reference ('Agreement') are effective on the Effective Date set forth above and will continue for the Term set forth In the Proposal from the date that Services are Installed until either terminated pursuant to the provisions below or replaced with a new Agreement. Upon expiration of the Term, this Agreement will automatically renew for successive one-year terms (each, a'Renewal Term') until terminated or cancelled pursuant to Its terms. 2. Charges for Services; Billing and Payment. Customer is responsible for paying all charges that apply to the Services ordered on a Proposal or used on a per -use basis by Customer, including items such as features, installation, labor, repair, installation, long distance, and directory or operator assistance as specified on the Proposal or set forth in Company's Price Lists or Tariffs. Customer is responsible for taxes, surcharges, fees, and assessments [hal apply to the sale and use of Services, including how those may change in the future. Company will bill Customer monthly for the Service, payable on receipt of the bill notice. Billing at a location will begin upon the earlier of (i) the Installation Dale (which may be the date administrative access to certain software -based Services Is granted to Customer); or (it) 30 days after delivery of the applicable facility and/or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent); however, Company may choose to bill in full monthly increments with no proration for partial service periods when service either starts or ends In the middle of a billing cycle. In certain service areas, paper bills are available only upon request and for a monthly charge. If Customer authorizes payment by credit or debit card, then Company will not obtain further consent or provide additional notice before Invoicing the credit or debit card for all amounts due and owing. COMPANY RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ("MRCS") ON AT LEAST 30 DAYS' NOTICE AND OTHER RATES AT ANY TIME. 3. Disputes. To dispute a bili, Customer must do so in good faith and deliver to Company in writing the specific basis for such dispute within 30 days after the date on the bill. If Customer does not follow this dispute process, the dispute shall be deemed waived. Each party has the right to discuss Issues directly with the other party and Company may refuse to discuss Issues through Customer's external representative. 4. Partial Payments; Late Payments. Company may accept any payments Customer marks as being 'payment in full' or as being settlement of any dispute without waiving any rights Company has to either collect the full payments from Customer. Customer is responsible for paying all costs and fees Company Incurs as a result of collecting Customers unpaid charges. If Company does not receive full payment when due or does not receive payment in immediately available funds, Company will add a late payment fee to the amounts owed and will calculate such fee as the total owed times interest at the maximum rale allowable by law. 5. Credits and Deposits. Customer authorizes Company to ask credit-reporting agencies for Customer's credit Information. Company may require Customer to submit an initial security deposit and/or advance payment and an additional deposit and/or advance payment if Customer increases Services or Customers credit rating changes. The deposit will be refunded If satisfactory credit has been established or upon termination of this Agreement for any reason, except that Company at its discretion may apply the deposit to any amount due and unpaid by Customer. 6. Services Location; Moves. Customer is responsible for providing an environment that Is suitable for the Services, Including equipment that Is compatible with Company's network. Customer shall provide Company with the correct address to obtain Services because Company relies on such Information to determine which taxes, fees, surcharges and assessments apply to Services. If Customer does not provide a valid address, Customer will be responsible for any resulting taxes, fees, surcharges, assessments and penalties related thereto. Customer will notify Company if Customers address changes, in which case Company may either (a) terminate the affected Services; or (b) allow Customer to provide 60 days' advance notice to Company to move Services to a new location and pay any applicable Installation charges. Customer will enter into a now Agreement for such new location or Company will apply the liquidated damages set forth in Section 14 for the terminated location. Charges could apply and monthly fees may be affected for moves. 7. Company -Provided and Owned Equipment. Any equipment Installed by Company on Customers premises that is not the subject of a sale or lease to Customer (such as the CSU/DSU, Channel Bank and router, if applicable) shall remain at all times the property of Company. Equipment shall remain in good condition, less normal wear and tear. Company shall be responsible for the maintenance and repair of the equipment unless It is damaged as a result of the action or Inaction of Customer or its employees or agents, in which case Customer shall reimburse Company for the cost of any necessary repairs. Customer shall provide Company reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If Company does not have access to Customer's premises within 30 days after Customer terminates with Company, Customer shall reimburse Company for the full purchase price of the equipment as well as any attorney's fees and costs. 6. Disconnection of Current Provider; Special Construction; Third Party Charges. Customer is solely responsible for disconnecting Services with Its current service provider. Company is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if Company or a third party provider is required to extend the demarcation point or undertake special construction for Customer. Unless Company specifically agrees In writing to undertake equipment Installation and maintenance work, Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services and Company shall have no responsibility for maintenance or repair of same. 9. Internet. Company cannot guarantee speeds or uninterrupted, error -free service. Internet speeds are distance and location -sensitive and speed will vary based on factors such as the condition of wiring Inside a specific location, computer configuration, network or Internet congestion, the server speed of the Web sites accessed, and other factors. 10. Google. IF CUSTOMER SUBSCRIBES TO GOOGLE SERVICES, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK -THROUGH AGREEMENT FOR THE GOOGLE LICENSE POSTED AT <hllo•llwww.windstream com/leaallGooale Apes Premier Edition License odf PRIOR TO USING THE RELEVANT SERVICES. Company may cancel Google Services at any time on 30 days' notice and, at Company's option, may either terminate such Google Services altogether or move Customer to a similar platform. In the event that Company or Customer terminates the Google Services or downgrades or cancels Google Services, Customer is solely responsible for downloading all of Its Information to Its computer within 30 days. 11. American Recovery and Reinvestment Act (ARRA). Customer must notify Company of all restrictions, requirements and reporting obligations to which Company could become subject pursuant to the ARRA before Company provisions Services to Customer. Customer will not use ARRA or V Initials Dale 2 of ORDER M 3662471.0 TYPE: A -Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct M 1007746 stimulus funds, grants or loans, In whole or in pad, to support its performance under this Agreement without Company's prior written consent regarding any specifically applicable ARRA terms. If Customer falls to provide such prior written notice to Company of ARRA or stimulus funding or If Company does not consent to the use of such funding, then Company has the right, in Its sole discretion, to reject any order or terminale this Agreement and/or any applicable Services, without liability or obligation to Company. 12. Documents Incorporated by Reference; Entire Agreement; Counterparts; Execution. THIS AGREEMENT IS SUBJECT TO AND INCORPORATES THE FOLLOWING BY REFERENCE, AS THEY MAY CHANGE FROM TIME TO TIME: (1) THE TERMS AND CONDITIONS OF THE TARIFFS FILED WITH STATE PUBLIC SERVICE COMMISSIONS; (II) THE FCC OR STATE WEB -POSTED PRICE LISTS OR TERMS AND CONDITIONS (EITHER "PRICE LISTS") POSTED AT <htto•/lwindstream comldocuments/detariffedeervices odf>; (III) FOR INTERNET, THE "ACCEPTABLE USE POLICY" POSTED AT <hllo•Ilwww2 windslream neUcuslomersu000rt/usersouldelacceot/a eot r r r AND THE "PRIVACY POLICY" POSTED AT <htto://www.wlndstream.com/l)rlvacy.asnx>; AND (IV) IF CUSTOMER IS OBTAINING CERTAIN VALUE-ADDED SERVICES (I.E.. ONLINE BACK UP SERVICES, TECH HELP, ETC), CUSTOMER WILL BE REQUIRED TO CLICK -THROUGH AGREEMENTS RELATED TO THOSE SERVICES (CLICK-THROUGHS) PRIOR TO ACCESSING SUCH SERVICE, WHICH SHALL BE DEEMED PART OF THIS AGREEMENT. This Agreement, the documents Incorporated by reference and any Customer Addendums entered between the parties constitute the Parties' entire Agreement. This Agreement and any Addendums hereto may be amended only in a writing signed by authorized representatives of each party. This Agreement and its incorporated documents supersede any and all statements or promises made to Customer by any Company employee or agent. In the event of any conflict between the provisions of this Agreement and any of the documents Incorporated by reference, the provisions of the Google License shall control for Google Services, followed by the Tariffs and Price Lists or Value -Added Services click -through agreements for applicable Services, this Agreement and then the Acceptable Use and Privacy policies. This Agreement may be signed In counterparts, and facsimile or electronic scanned copies may be treated as original signatures. Company also may execute this Agreement via a verifiable electronic signature. 13. Termination. Either party may terminate this Agreement by providing at least 30 days' notice prior to the end of the initial Term or a Renewal Term or If the other party is in breach of any material provision of this Agreement and such other party falls to cure within 30 days after written notice. Cuslomer's right to terminale for cause Is limited to termination of the affected Services at the affected location only. Company may limit, interrupt or terminale Services Immediately If: (a) after any required notice, Customer has not paid for Services; gl (b) Customer uses the Services in an adverse manner that affects Company's network or other customers; or (c) Customer or others have used the Services fraudulently or unlawfully while on Customers premises or while the Services are under Customers control; gf (d) Customer or others use the Services in an excessive, abusive, or unreasonable manner that Is not customary for the type of Services; gr (e) Customer resells any Services or uses the Services to aggregate other persons' traffic; g (f) Customer uses the Services for its own and users and/or customers as a telecommunications provider or any other kind of provider. In addition to the termination rights of Company set forth above, if Customer or others use the Services In an excessive, abusive, or unreasonable manner that is not customary for the type of Services (including, but not limited to, circumstances in which Company Is receiving traffic from Customer that originates from a location other than the local calling area associated with the customers service location), company may: (v) charge long-distance charges for such batt and any additional charges necessary to recoup its administrative costs and any charges from other carriers; (w) charge an additional price per minute In Company's discretion for each call that violates this provision; (x) restrict or cancel use or convert customer to another plan; (y) require customer to pay for the excessive use immediately and make a deposit; and/or (z) void any applicable price guarantee. Company may restore service if customer corrects the violation and pays all outstanding amounts owed, including restoration charges. For Ethernet Internet Access services and MPLS - Virtual Private NetworklVidual LAN Services, Company shall verify the availability of facilities, and in the event that Company determines in its sole discretion that facilities are not economically or technically feasible, company has the right to terminate this agreement without liability. 14. Effect of Termination. a. Pre -installation • If Customer terminates this Agreement after the Effective Dale but prior to the installation of Service(s), Customer will pay Company a Pre -Installation Cancellation Charge (Cancellation Charge) equal to three months of MRCs except that if Company's costs to other providers are greater than this amount, Customer shall also reimburse Company for such costs. Customer agrees that the Cancellation Charge is a reasonable measure of the administrative costs and other fees Incurred by Company to prepare for Installation. The Cancellation Charge set forth in this Section 14(a) is in lieu of the charges set forth In 14(b) below for post -installation cancellations. b. Post -Installation- Customer understands that Its rales are based upon Its commitment to purchase Services for the Term or Renewal term. As such, If Customer terminates this Agreement or any Services provided hereunder after Installation during the Initial or renewal term for any reason other than for cause, It shall pay to Company as liquidated damages, not a penalty, an amount equal to 50% of the MRCS multiplied by the number of months remaining in the then -current Term or Renewal Term ("liquidated damages"). If Customers Proposal includes Monthly Minimum Charges ('MMCs') and Customer terminates or disconnects less than the entirety of its Services such that its actual usage at a location falls below the MMC for that location. Customer will pay the MMC every month in lieu of the liquidated damages set forth above. If Customers Proposal does not includes MMCs and Customer terminates or disconnects less than the entirely of Its Services such that its actual usage at a location falls below 50% of Its original contracted rale for that location, Customer will pay 50% of the MRCs every month in lieu of the liquidated damages set forth above. Additionally, if Customer received a bundled rate for the disconnected Service(s), then Customers charges may be adjusted by Company to the unbundled service rales. 15. Limitation of Liability and Indemnity. FOR PURPOSES OF THIS SECTION, DISCLAIMER OF WARRANTIES, AND EMERGENCY. CRITICAL LINES PROVISIONS, "COMPANY" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHICH BEHALF COMPANY RESELLS SERVICES. COMPANY'S LIABILITY FOR SERVICES PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED CUSTOMER'S MRCS DURING THE PERIOD IN WHICH THE DAMAGE OCCURS. IF CUSTOMER'S SERVICE IS INTERRUPTED, COMPANY'S LIABILITY WILL BE LIMITED TO A PRO -RATA CREDIT FOR THE PERIOD OF INTERRUPTION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY'S FEES or for any delay or failure to perform under this Agreement (INCLUDING BUT NOT LIMITED TO SERVICE INTERRUPTIONS) due to causes beyond COMPANY'S reasonable control, including but not limited to, strikes, lockouts, other labor unrest, CABLE CUTS or common carrier delays. CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT COMPANY'S LIABILITY AS PROVIDED HEREIN. EACH PARTY WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY, AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD -PARTY CLAIMS ARISING OUT OF THE INDEMNIFYING PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO ITS 61)X,11 '-- Initials Dale Written By: dsheinberg Page 3 of 'ORDER #: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct #: 1007746 OBLIGATIONS UNDER THIS AGREEMENT. Company is not responsible or liable If Services are lost, stolen or misused, except when due solely to company's negligence or gross misconduct. Customer Is responsible for all usage, charges, and liability Incurred for such loss, misuse, or theft of services while In customer's control, regardless of whether/when company notifies customer of Increased usage. 18. Disclaimer of Warranties. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS -AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON -INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, warranty arising by COURSE of trade, course of dealing or course of performance, any warranty that the SERVICES will meet customer's requirements OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY'S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. 17. Emergency. Critical Lines. CUSTOMER acknowledpeS that certain Services may not provide access to 911 or transmit THE location or extension If CUSTOMER attempts to access 911 in an emeruencv. Examples include voice over Internet protocol, Centrex, and private branch exchange. Additionally, because T1s and VoIP can cease operating during a power outage, Customer should have a basic business or copper line for elevator, alarm, E911 and other critical functions. By signing this Agreement, Customer acknowledges that Customer has read this disclosure. By proceeding with use of Services, Customer assumes all responsibility and risk of harm, loss, or damage in the event that 911 access falls, is not possible, or does not provide the address, correct address, extension or other information to emergency authorities. 18. Confidentiality. Except when this Agreement is required to be filed with a governmental authority, the Parties agree that this Agreement contains proprietary and confidential Information and shall not be disclosed publicly to any third party except the such dealers) or agent(s) of Company that are negotiating with Customer in order to execute this Agreement. 19. Miscellaneous. (a) Notices and Electronic Communications: Any notice pursuant to this Agreement must be in writing and will be deemed properly given if hand delivered, mailed or faxed to Customer at the address populated above or to Company at Windstreem, Attn: Correspondence Division, 1720 Galleria Blvd., Charlotte, NC 28270, Windstreambusinesscustomefsu000rthlwindstream cpm mallto s poortCawind r or at such other address provided to the other party. Customer agrees that Company may send electronic messages to Customer concerning Company's Services; (b) Aoolicable Law: This Agreement is subject to applicable federal law and the laws of the state In which the Services are provided, without regard to that state's conflict of laws principles. If this Agreement covers multiple states, then it is subject to Delaware law, without regard to its conflict of law principles; (c) Waiver of Jury Trial EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (d) Assionmenl: Either party may assign this Agreement to an affiliate or acquirer of all or substantially all of its assets without any advance consent from the other party but Customer shall provide Company with notice and complete all paperwork necessary to effectuate any change In ownership or other account changes. Otherwise. Customer may not assign its rights and obligations under this Agreement without Company's advance written consent; (e) Third Party Beneficiaries: No third party shall be deemed a beneficiary of this Agreement; (1) Waiver. Either party's failure to enforce any right or remedy available under this Agreement Is not a waiver; (g) Severability: If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect; (h) Survive : Sections 14 through 19 survive after this Agreement ends. Initials Dal 4 of ORDER #: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct #: 1007746 LINES AND SERVICES Number Service LPICIPIC Codes Hunting Pager 111.163.6359 PKG 5366 NuVox CommunicationsNinc. N COM11 27.99 Complete Voice WACP-1 561-737.0188 FAX LINE 5366 NuVoxCommumcationsNInc. 5619214721 N RCFFX 19.95 Foreign Exchange Line N ACCTL 0.00 Account Service Order Charge 561-921.4721 WTN 5366 NuVoxCommunicalionsNInc. N LFB 0.00 Complete Voice Line-WACP N SDS05 0.00 Call Forward Variable N SDS06 0.00 Call Return N SDS07 0.00 Call Selector N SDS08 0.00 Call Tracing N SDS16 0.00 Repeal Dialing N SDS17 0.00 Speed Calling 30 N SDS23 0.00 Three -Way Calling w/Transfer N SDS24 0.00 Caller ID Deluxe w/ACR N WACP 0.00 Wide Area Calling Plan N LNP 0.35 Local Number Portability - 1 ' 0.35 N 9ZR 7.84 FSLC Per Line Fee - Multi - 1 •7.84 56.13 Initials Dale Written By: dsheinberg Page 5 of ORDER #: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of Billing Acct #: 1007746 (I JAwindstream®\' connecting business to business DATE:5/1512012 DIRECTORY LISTING Book Closing Date Directory Listing information will be submitted as shown to the specified directories, and is subject to book closing dates. Future changes can be made by calling customer service at 1-800-600-5050. No Directory Listing 6 iv •- Date 6 of 61;� Windstream. LETTER OF AGENCY 'unn" ng businessm dunes, On behalf of the Company, I hereby authorize Windstream, Inc. ("Windstream") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to Windstream for each of the telephone numbers listed below. I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intral-ATA carrier, and one interl-ATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include applicable fees, surcharges, or taxes. I choose Windstream to act as my agent in order to effectuate the change(s) and authorize Windstream to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating Windstream to act as my agent, I do not permit Windstream to change my service to a carrier other than Windstream. In addition, I authorize Windstream to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in writing by the Company. I understand that I may consult Windstream as to whether a fee applies to change from the Company's current telecommunications carrier(s) to Windstream. Phone Numbers: 561-737-0188 561-921-4721 Company Name: Gulf Stream Town Of Street Address: 100 SEA RD City, State, and Zip Code: GLFSTRM, FL 33483 Services By initialing the boxes below and with Authorized Signature, the Customer authorizes NuVox to initiate the following services for all thi phone numbers referenced herein. Local Services " Is) (i Intra-LATA Toll (' ifi Is) VV Domestic and International Long Distance (initials) The customer's signature on this document will result in a change of the customer's provider as specified herein. utharized Signature Print Namerritle Dale Written By: dsheinberg Page 7 of windstreamI ORDER CHECKLIST Customer: Gulf Stream Town Of Contact: William Thrasher Address: 100 SEA RD GLFSTRM, FL 33483 In order to ensure that Windstream provides you as our customer the level of Service that you desire, we have created the following which is a combination of a checklist to verify your receipt of necessary documents, and rate plans. And a few questions which will help us ensure that your order processes smoothly. Please acknowledge your receipt with a signature at the bottom of the page. If you have any concerns, feel free to address them with your account representative. \/ • I understand the long distance rale I have been offered is U ' Interstate O (Intrastate /w\// �Inlralata I have been given a copy of all paper work ///111 �/� as _ No • My representative has explained that the first bill Is PRORATED I �/ /} �] / / Yes _ No r I understand that local service rates I have been offered are S I ' ,/ per m/ontt'h/, per line Yes _ No r I have been given the toll free customer service hotline of 1-800-600-5050 or 611 from any Yes No Windstream line ���/// • My representative has explained that it may lake up to 30 days to switch my service to Windstream _jfes _ No My representative has explained the Windstream referral program Yes No Do you have any moves or construction planned within the next 6 months that would impact installation Yes No of service? (if yes, please explain in the comments section below) • Are you authorized to make changes to your company's telephone and internet service? _ Yes _ No • Are you aware of any freezes or holds currently on your telephone service? —Yes No • Do you have ADSL on any of your telephone lines? What number? Yes t -/No • If applicable, have your 1-800 and other Toll Free services been addressed? — Yes No If not, please inform your sales representative now for the appropriate documentation. -5/ • My representative has explained additional surcharges which may affect the total Yes No cost of the Services. Comments: Kelly Avery From: Sheinberg, Doug [Doug.Sheinberg@windstream.com] Sent: Wednesday, June 20, 2012 11:33 AM To: Kelly Avery Subject: 561 7370188 Attachments: 20120620112926701.pdf Sign and send back to me and I will place the order. We will have AT&T come out (in our behalf) and install a new line. Then we will have 0188 ring onto that. You will use that new line for outgoing faxes also going forward. You will need someone to plug the fax machine into that outlet, Respectfully, Doug Sheinberg Senior Account Executive - Business Sales I Windstream doug.sheinbere(@Windstrearn.com windstreambusiness.com o: 561.721.2131 1 m: 561.531.1944 1 f: 330.486.3663 -----Original Message ----- From: Sheinberg, Doug [mailto:doue sheinbere(alwindstream com] Sent: Wednesday, June 20, 2012 11:29 AM To: Sheinberg, Doug Subject: This E-mail was sent from "FLWPBP101" (Aficio MP C4000). Scan Date: 06.20.2012 11:29:26 (-0400) Queries to: FLWPB101(a)windstream.com ---------------------------------------------------------------------- The information contained in this message, including attachments, may contain privileged or confidential information that is intended to be delivered only to the person identified above. If you are not the intended recipient, or the person responsible for delivering this message to the intended recipient, Windstream requests that you immediately notify the sender and asks that you do not read the message or its attachments, and that you delete them without copying or sending them to anyone else. windstreamt: connecting business to business January 9, 2012 Gulf Stream Town Of Attention: Mick Guymon 100 Sea Rd Gulf Stream, FL 33483 Account Number: 1007746 Dear Mick Guymon, We appreciate your granting us the opportunity to continue providing Windstream Communications services to Gulf Stream Town Of. As your telecommunications providor, your success and satisfaction are a measure of our support for your business. This letter confirms your authorization of a continued relationship as set forth below. Our relationship going forward will be governed by the terms and conditions of the Customer Service Agreement as set forth on our website at www.windstreambusiness.com and is incorporated herein by reference. Your commitment will begin on the date this contract is received by Windstream Communications. Ouantity Current Product Current Rate* Action 1 Complete Voice -3 Line Pckg WACP $83.97 converting 2 Flat Rate Business Line $23.00 converting 1 Complete Voice -1 Line Pckg WACP $27.99 converting 1 ADSL Prof $94.07 converting Ounntity New Product New Rate* 1 Blz Pac III -6 Lines & 6Mb ADSL $229.99 1 Biz Pac-500 Domestic Minutes $0.00 1 1 Year Agreement Included *BizPac plan includes Local Toll calling, unlimited features per line and the following surcharges: PICC, FSLC, and LNP. *All additional taxes and surcharges still apply. Does not include fees for international, premium, or directory assistance calls. Signature 4' - Date ( /b/L Thank you again for allowing us the opportunity to continue our business relationship. Sincerely, Roben Schuler Direct Line - 407-447-6707 Corporate Account Manager Direct Facsimile- 407-778-2503 [i windstreama connecting business to business REP: LSO: DELRAY BEACH MKT: WPBH Acct Type : Standard Mgr Revlevr. _ CUSTOMER SERVICE AGREEMENT ORDER #: 3662471-0 TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/15/2012 Billing Acct #: 1007746 LOCATION ADDRESS INFORMATION: BILLING ADDRESS INFORMATION: CONTACT: William Thrasher CONTACT: MICK GUYMON EMAIL: BTHRASH ER@GULS-STREAM.ORG EMAIL: declined@nuvox.com PHONE: 5612765116 FAX: PHONE: 9546588087 FAX: ADDR: 100 SEA RD ADDR: 100 Sea Rd GLFSTRM, FL 33483 Gulf Stream, FL 334830000 Order Summary Qtv Description MRC NRC Local RCFFX Foreign Exchange Line 19.95 0.00 $19.95 $0.00 Total Change in Billing Amount $19.95 $0.00 FEES, SURCHARGES AND TAXES WHICH MAY BE APPLICABLE TO CERTAIN SERVICES ARE NOT INCLUDED IN THE PRICES HERE LISTED. �Ir1At �� ✓N��y/ IG Authorized Signature Print Namelrige Dale Written By: dsheinherg Page 1 of ORDER It: 3662471-0 TYPE: A - Add 1YR CUSTOMER: GUIf Stream Town Of DATE:5/15/2012 Billing Acct N: 1007746 CUSTOMER SERVICE AGREEMENT THIS AGREEMENT ('Agreement') is made by and between the Windstream legal entit(ies) identified in the attached Proposals) and/or Service Schedules ('Proposal(s)") ("Company') and the customer ('Customer). The Parties agree as follows: 1. Term and Renewal. This Master Agreement and Its Proposal(s) incorporated herein by reference ("Agreement') are effective on the Effective Date set forth above and will continue for the Term set forth In the Proposal from the date that Services are Installed until either terminated pursuant to the provisions below or replaced with a new Agreement. Upon expiration of the Term, this Agreement will automatically renew for successive one-year terms (each, a "Renewal Term') until terminated or cancelled pursuant to Its terms. 2. Charges for Services; Billing and Payment. Customer is responsible for paying all charges that apply to the Services ordered on a Proposal or used on a per -use basis by Customer, including items such as features, installation, labor, repair, Installation, long distance, and directory or operator assistance as specified on the Proposal or set forth In Company's Price Lists or Tariffs. Customer is responsible for taxes, surcharges, fees, and assessments that apply to the sale and use of Services, including how those may change In the future. Company will bill Customer monthly for the Service, payable on receipt of the bill notice. Billing at a location will begin upon the earlier of (i) the Installation Dale (which may be the date administrative access to certain software -based Services is granted to Customer); or (if) 30 days oiler delivery of the applicable facility and/or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or Its agent); however, Company may choose to bill in full monthly Increments wilh no proration for partial service periods when service either starts or ends in the middle of a billing cycle. In certain service areas, paper bilis are available only upon request and for a monthly charge. If Customer authorizes payment by credit or debit card, then Company will not obtain further consent or provide additional notice before invoicing the credit or debit card for all amounts due and owing. COMPANY RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ("MRCS") ON AT LEAST 30 DAYS' NOTICE AND OTHER RATES AT ANY TIME. 3. Disputes. To dispute a bill, Customer must do so In good faith and deliver to Company in writing the specific basis for such dispute within 30 days after the date on the bill. If Customer does not follow this dispute process, the dispute shall be deemed waived. Each party has the right to discuss Issues directly with the other party and Company may refuse to discuss issues through Customer's external representative. 4. Partial Payments; Late Payments. Company may accept any payments Customer marks as being "payment in full' or as being settlement of any dispute without waiving any rights Company has to either collect the full payments from Customer. Customer Is responsible for paying all costs and fees Company incurs as a result of collecting Customer's unpaid charges. If Company does not receive full payment when due or does not receive payment in immediately available funds, Company will add a late payment fee to the amounts owed and will calculate such fee as the total owed times Interest at the maximum rate allowable by law. 5. Credits and Deposits. Customer authorizes Company to ask credit-reporting agencies for Customer's credit information. Company may require Customer to submit an initial security deposit and/or advance payment and an additional deposit and/or advance payment If Customer increases Services or Customer's credit rating changes. The deposit will be refunded if satisfactory credit has been established or upon termination of this Agreement for any reason, except that Company at its discretion may apply the deposit to any amount due and unpaid by Customer. 6. Services Location; Moves. Customer is responsible for providing an environment that Is suitable for the Services, Including equipment that Is compatible with Company's network. Customer shall provide Company with the correct address to obtain Services because Company relies on such Information to determine which taxes, fees, surcharges and assessments apply to Services. If Customer does not provide a valid address, Customer will be responsible for any resulting taxes, fees, surcharges, assessments and penalties related thereto. Customer will notify Company If Customers address changes. In which case Company may either (a) terminate the affected Services; or (b) allow Customer to provide 60 days' advance notice to Company to move Services to a new location and pay any applicable Installation charges. Customer will enter Into a new Agreement for such new locallon or Company will apply the liquidated damages set forth In Section 14 for the terminated location. Charges could apply and monthly fees may be affected for moves. 7. Company -Provided and Owned Equipment. Any equipment Installed by Company on Customers premises that is not the subject of a sale or lease to Customer (such as the CSU/DSU, Channel Bank and router, if applicable) shall remain at all times the property of Company. Equipment shall remain In good condition, less normal wear and tear. Company shall be responsible for the maintenance and repair of the equipment unless it Is damaged as a result of the action or Inaction of Customer or Its employees or agents, In which case Customer shall reimburse Company for the cost of any necessary repairs. Customer shall provide Company reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If Company does not have access to Customer's premises within 30 days after Customer terminates with Company, Customer shall reimburse Company for the full purchase price of the equipment as well as any attorney's fees and costs. B. Disconnection of Current Provider; Special Construction; Third Party Charges. Customer Is solely responsible for disconnecting Services with Its current service provider. Company Is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if Company or a third party provider Is required to extend the demarcation point or undertake special construction for Customer. Unless Company specifically agrees In writing to undertake equipment installation and maintenance work, Customer Is responsible for all charges assessed by Its phone system vendor and other third parties in connection with the installation of the Services and Company shall have no responsibili(y for maintenance or repair of same. 9. Internet. Company cannot guarantee speeds or uninterrupted, error -free service. Internet speeds are distance and location-sensilive and speed will vary based on factors such as the condition of wiring inside a specific location, computer configuration, network or Internet congestion, the server speed of the Web sites accessed, and other factors. 10. Google. IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK -THROUGH AGREEMENT FOR THE GOGGLE LICENSE POSTED AT <htto:llwww.windstream.com/leaal/G000le Aoos Premier Edition Licen a odf> PRIOR TO USING THE RELEVANT SERVICES. Company may cancel Google Services at any time on 30 days' notice and, at Company's option, may either terminale such Google Services altogether or move Customer to a similar platform. In the event that Company or Customer terminates the Google Services or downgrades or cancels Google Services, Customer Is solely responsible for downloading all of its Information to its computer within 30 days. 11. American Recovery and Reinvestment Act (ARRA). Customer must notify Company of all restrictions, requirements and reporting obligations to which Company could become subject pursuant to the ARRA before Company provisions Services to Customer. Customer will not use ARRA or //1///) ' initials Date t #: 3662471-0 Acct #: 1007746 LINES AND SERVICES TYPE: A - Add 1YR CUSTOMER: Gulf Stream Town Of DATE:5/1512012 Number Service LPIC/PIC Codes Hunting Pager 561-737-0188 FAX LINE 5366 Nu ox CommunicalionNInc• 5612762528 N RCFFX 19.95 Foreign Exchange Line 19.95 W'M Initials 4 Date of windstreamV LETTER OF AGENCY ea 109 b.A eu ro6minen On behalf of the Company, I hereby authorize Windstream, Inc. ("Windstream") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to Windstream for each of the telephone numbers listed below. I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intral-ATA carrier, and one inlerl-ATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. understand that the monthly rate plan does not include applicable fees, surcharges, or taxes. I choose Windstream to act as my agent in order to effectuate the change(s) and authorize Windstream to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating Windstream to act as my agent, I do not permit Windstream to change my service to a carrier other than Windstream. In addition, I authorize Windstream to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in writing by the Company. I understand that I may consult Windstream as to whether a fee applies to change from the Company's current telecommunications carrier(s) to Windstream. Phone Numbers: 561-737-0188 Company Name: Gulf Stream Town Of Street Address: 100 SEA RD City, State, and Zip Code: GLFSTRM FL 33483 Services By Initialing the boxes below and with Authorized Signature, the Customer authorizes NuVox to initiate the following services for all the phonen rs referenced herein. al Services -LATA Toll *initials estic and International Long Distance The customer's signature on this document will result in a change of the customer's provider as specified herein. �, � � � � � � l !ti's— 1 / • A �! '"" (( , ' L h ized Signature 9 Print Namelrille nate Written By : dsheinberg Page 7 of windstream. V " m+w(�0.Arbbl,nvi� Customer: Gulf Stream Town Of Address: 100 SEA RD GLFSTRM, FL 33483 ORDER CHECKLIST Contact: William Thrasher In order to ensure that Windstream provides you as our customer the level of Service that you desire, we Have created the following which is a combination of a checklist to verify your receipt of necessary documents, and rate plans. And a few questions which will help Lis ensure that your order processes smoothly. Please acknowledge your receipt with a signature at the bottom of the page. If you have any concerns, feel free to address them with your account representative. le / lyd h %11 //' ;7/Y -P ♦ I understand the long distance rale I have been offered is Interstate Intrastate ♦ I have been given a copy of all paper work ♦ My representative has explained that the firs( bill is PRORATED �r ♦ I understand that local service rates I have been offered are $ —/1" � per month, per line ♦ I have been given the toll free customer service hotline of 1-800-600-5050 or 611 from any Windstream line ♦ My representative has explained that it may take up to 30 days to switch my service to Windstream ♦ My representative has explained the Windstream referral program ♦ Do you have any moves or construction planned within the next 6 months that would impact installation of service? (if yes, please explain In the comments section below) ♦ Are you authorized to make changes to your company's telephone and Internet service? ♦ Are you aware of any freezes or holds currently on your telephone service? ♦ Do you have ADSL on any of your telephone lines? What number? ♦ If applicable, have your 1-800 and other Toll Free services been addressed? If not, please inform your sales representative now for the appropriate documentation. ♦ My representative has explained additional surcharges which may affect the total cost of the Services. Comments: I ftralata ��es No �/ Yes _ No zY�.es—No es _ No _ZYes _ No ----Yes _ No Yes r/ No l"', Yes No _Yes (Jo Yes .1No _LiYes No Yes No 8 of