HomeMy Public PortalAbout2004 Agreement.tifSABIO
CO - Ai7-
Order Form for Covad Services Provided by
Sabio Communications, LLC
Date 05/24/2004
Section I: Customer Information
Customer Name and Address
Village of Key Biscayne
88 West McIntyre St
Key Biscayne , FI. 33149
Michael Fleming
("Customer")
Contact Phone No
305.365.8912
Billing Contact Address• ❑Same as Customer Address
Contact Email Address
mfleming@keybiscayne.fl.gov
Billing Phone No Billing Email Address (required)
Section II: Pricin Worksheet
TeleSpeed 1.5
$271.50
$271.50
Installation
$110.00
TeleSpeed 768
$
Customer Premises Equipment ("CPE")
$189.00
TeleSpeed 384
$
ISP services set-up fees
$99.00
TeleSpeed 144
Total Upfront Fees
$398.00
TeleSoho 3.0/384
$
TeleSoho 1.5/384
TeleSurferLink 384/128
$
TeleSurfer Plus 1.5/128
TeleXtend T1 1.5
TeleXtendTl 768
TeleXtend T1 384
$
Dial Service
Sub Total Monthly Fees
$
Email plan
$
Web Hosting plan
$
$
$
Total Monthly Fees for All Services
$271.50
❑Customer Provided CPE
Customer agrees to purchase each Service for a minimum term of year(s)
("Minimum Term") from the date of Installation of such Service, as described in the
attached Terms and Conditions
Customer appoints Sabio and its agents to order services on its behalf, including,
without limitation, changes to and maintenance on, removing, adding to, or
rearranging such services Customer agrees that Sabio and its agents may deal
directly with Customer's local telephone company on all matters pertaining to such
services, including accessing Customer's customer service record In particular,
Customer recognizes that Sabio cannot provision any of its line -shared TeleSurfer and
TeleSoho services on Customer's telephone line if Customer currently has a third -
party ISP's DSL service provisioned over such telephone line Customer hereby
authorizes Sabio to request that the Customer's telephone company disconnect any
existing third -party DSL services that are currently provisioned on the Customer's
telephone line Customer hereby releases and indemnifies Sabio and Customer's
telephone company from any third party claims in connection with such
disconnection This authorizati9wdl remain in effect until this Agreement is
terminated Customer initials:
PLEASE CAREFULLY READ THE ATTACHED TERMS AND CONDITIONS,
AND TILE CUSTOMER POLICIES AND THE ACCEPTABLE USE POLICY,
EACH OF WHICH IS AVAILABLE A 11, vA V, ('OV-\D \FT I I G 11
(COLLEC I IVELY TI IE "AGREEMENT') THE TERMS AND CONDITIONS,
CUSTOMER POLICIES AND ACCEPTABLE USE POLICY ARE HEREBY
INCORPORATED BY REFERENCE HEREIN BY SIGNING OR
ELECTRONICALLY ACCEPTING THE ORDER FORM, CUSTOMER AGREES
TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMEN I
Section III: Billing Information: Please complete the appropriate fields below for the billing option selected.
Credit Card Information: ❑Amex ❑ Discover ❑ MasterCard ❑ Visa
Card Number Expiration Date (Mo/Yr).
Electronic Funds Transfer: Bank Account Number Bank Routing Number
Invoice Billing: Backup Billing Contact Name
Phone.
Address
Finail (required)
Backup Credit Card ['Amex ❑ Discover DMasterCard Visa Card Number
Notify Method ❑Email DPaper
Section IV: Signature to the Agreement
SABIO COMMUNICATIONS COMPANY
Expiration Date (Mo/Yr)
By Sabio Communications Company (signature)
CUSTOMER ysttQpfe�s fat�Ie al name) VILLAGE OF KEY BISCAYNE
Aythhnzed Signatory(sj rture) Jacqueline R. Menendez
Sabio Representative (printed) Authorized Signatory's Namc (pnnted)
Rene R. Diaz
Sabio Communications, LLC
All Rights Reserved 2004
Version: February 10, 2004 Page 1 of 4
CONFIDENTIAL
SABIO CO =fAD
Date Date telephone Number
("Effective Date")
For Sabio use only: Approval Code
Sabio Communications, LLC.
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SABIO CO ;A -D
Only an authorized Sabio employee may contractually accept this Agreement or make any changes to any of the terms of this
Agreement. No other individual or entity, including but not limited to Sabio Authorized Sales Agents, may contractually accept
or make any changes or additions to this Agreement.
TERMS AND CONDITIONS
1.0 Services. Subject to the terms and conditions of the Agreement,
Sabio shall provide the Services purchased by Customer (whether
Customer purchases such Services on-line, on an Order Form or
through Sabio's Sales department) ("Services"). Use of the Services
shall constitute acceptance of this Agreement. Customer shall use the
Services without the right of resale or distribution, and strictly in
accordance with the applicable law and the Acceptable Use Policy
and the Customer Policies, which are available at
`{, N., 11 co id net legal (collectively, "Policies" and which form a part
of this Agreement). Sabio reserves the right to change the Policies
upon notice to Customer. If Customer does not agree to the changed
Policies, Customer must terminate this Agreement without penalty by
providing Sabio with written notice within seven (7) days of the date
of the notice of the changed Policies; otherwise any continued use of
the Services shall be deemed to be acceptance of the changed
Policies. If Customer adds additional services on-line or on an
additional Order Form and does not accept a new Agreement, such
new services will be deemed Services and shall be governed by the
terms of this Agreement. If Customer is an individual, Customer
represents and warrants he or she is at least 18 years old Customer
shall be solely responsible for the safeguarding of its passwords and
may be unable to access its files in the event any password is lost,
forgotten or misappropriated. Sabio and its suppliers may, from time
to time and without liability, interrupt Services for maintenance and
other operational reasons, and Customer shall not receive any
compensation for such interruptions. Sabio reserves the sole and
exclusive right to determine or revise its service area, and the right to
discontinue any Service or Product without liability. Customer
agrees that IP addresses are not guaranteed, transferable or provided
for further distribution
2.0 Products and Customer Equipment. Sabio may deliver to
Customer certain software, hardware and documentation, including
but not limited to CPE defined below (collectively, "Products").
Sabio grants to Customer a personal, non -transferable, non-exclusive,
license to use the software and documentation during the Term solely
for Customer's own internal use of the Services in accordance with
this Agreement Sabio will use commercially reasonable efforts to
supply and configure the Sabio supplied equipment external to
Customer's personal computer (referred to as "Customer Premises
Equipment" or "CPE") to allow Customer to use the Services,
unless Customer has chosen to supply its own Sabio-qualified CPE
subject to the Customer Provided CPE Addendum Sabio is not
responsible for the configuration of, or internal equipment for,
Customer's personal computer that may be necessary to make such
computer compatible with the Services. For any CPE that Customer
purchases through Sabio, Sabio may supply new or recertified
equipment On new and recertified equipment purchased by
Customer through Sabio, Sabio will provide a one (1) year warranty
from the day the Customer's order is closed (the "Billing Start Date"
as defined in the Policies) At Sabio's discretion, any equipment
Sabio supplies as replacement equipment (e g, for warranty
purposes) may be new, recertified or refurbished Any equipment
supplied as replacement equipment will carry the remainder of the
one (1) year warranty described above. if the CPE malfunction is the
result of Customer's abuse, misuse or reconfiguration of CPE or
equipment, Sabio will charge Customer for the Field Service
Technician visit (if applicable) at the rates set forth in the most
current version of the Customer Policies and the cost of any
replacement equipment. After expiration of the one (1) year warranty
period, Sabio will replace such malfunctioning CPE, and Customer
will be responsible for the cost of the CPE and the Field Service
Technician visit (if applicable), each as set forth in the Customer
Policies. Sabio may also provide any Product or CPE upgrades at no
expense to Customer, and Customer shall use all such upgrades
provided by Sabio. Sabio and its suppliers shall have no obligation
or liability in connection with any equipment not purchased through
Sabio and configured by Sabio, or for any abuse, misuse or
reconfiguration (including, but not limited to, the addition of software
or other devices on the CPE) of any equipment by any party other
than Sabio.
3.0 Setup Services arc provided over a permanent virtual circuit
("Customer Circuit") to Customer's premises. If Customer orders
TeleSpced or TeleXtend Internet services, "Installation" will be
deemed to have occurred when: (i) Sabio can verify connectivity of
the service ordered between the CPE and the Sabio DSLAM or other
network equipment; and (ii) Sabio can verify Internet connectivity
from a host on the Customer's network to a host on the Internet,
through a ping test or another applicable connectivity test. If
Customer orders TeleSoho or TeleSurfer Internet Services, Sable.
"Installation" will be deemed to have occurred 5 days after the
Customer's LEC confirms that the DSL capable loop has been
delivered, or when Sabio detects traffic on the Customer Circuit,
whichever comes first If Sabio is unable to successfully install a
Service that Customer had originally ordered, Sabio will allow
Customer to accept a lower speed Service, if available, or Customer
may decline the Customer Circuit without a Termination Fee. If
Customer declines the Customer Circuit and, if Customer has ordered
only that particular service, Customer and/or Sabio may terminate
this Agreement. Customer will be responsible for any additional,
unforeseen construction costs including, without limitation, inside
wiring administration and special installation costs. Sabio shall
obtain Customer's consent before incurring any such special costs
4.0 Dial -Up Access. In addition to the Dial -Up Access Service
option, all TeleXtend, TeleSpeed, TeleSoho, and TeleSurfer Internet
Services (other than TeleSurfer Link) include a limited amount of
usage for dial -up Internet access, as described in the Customer
Policies If Customer exceeds the usage threshold for Customer's
plan, Customer will be billed at the rates set forth in the Customer
Policies. Local dial -up numbers may not be available in all areas,
and Customer is solely responsible for determining if use of a
particular dial -up number will cause Customer to incur long-distance,
toll or other charges Customer shall be solely responsible for all
long-distance, toll or other charges related to dial -up Internet access
Dial -up Services may only be used in the United States on a single
machine. After installation, TeleSurfer Link Customers will be
charged for any dial -up usage in accordance with the fees in the
Customer Policies
5.0 Monitoring Sabio and its suppliers have no obligation to
monitor the Services, but may do so and disclose information
regarding use of the Services if Sabio or its suppliers, in their sole
discretion, believes that it is reasonable to do so, including to (i)
satisfy laws, regulations, or governmental or legal requests; (ii)
operate the Services properly, or (iii) protect itself and its other users
and customers. Sabio may immediately remove Customer's material
or information from Sabio's servers, in whole or in part, if Sabio, in
its sole and absolute discretion, determines that such content infringes
another party's property rights, is illegal or that such content violates
Sabio's Acceptable Use Policy In addition, Sabio may disconnect
Customer's service if Sabio determines that Customer is in violation
Sabio Communications, LLC.
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SAB$O
CO AD
of the Acceptable Use Policy, and Customer will be responsible for
any applicable Termination Fees.
6.0 Fees and Payments. Customer shall pay for all Services and
Products that Sabio furnishes to Customer at the applicable prices set
forth in Customer's order Customer shall also pay any repair,
telephone charges and charges for inspection, installation or repair of
wiring performed on Customer's premises for the additional charges
set forth in the Customer Policies. Upon Installation (as defined in
Section 3), Customer shall pay all upfront fees and the first month of
all monthly fees for Services for which Installation has occurred
Sabio shall bill Customer in advance for the Services on the monthly
anniversary date of the Effective Date of this Agreement
("Anniversary Date"). For the purposes of TeleSurfer and TeleSoho
billing, Sabio will begin billing Customer five (5) days after verifying
with the Customer's LEC that the DSL capable loop will be provided,
or when traffic is detected on the Customer Circuit, whichever comes
first. If Customer selects either the credit card billing or electronic
funds transfer option, Sabio will automatically debit such account on
the date amounts arc due. (Note: Customer may only use a credit card
or electronic funds transfer to purchase TeleSurfer services). If
Customer selects the invoice option, all payments are due within
thirty (30) days of the invoice date, and if Customer fails to pay any
bill when due, Sabio shall have the right to: (i) debit the Customer's
credit card for the overdue amounts; or (n) terminate the unpaid
Services or the Agreement for breach if Customer has not paid the
overdue amounts within fifteen (15) days of receipt of notice of such
overdue amounts, and Customer shall be responsible for all
applicable Termination Fees For all late payments, Customer may
pay interest on overdue amounts at the lesser of (i) interest at the rate
of 1 5% per month on the outstanding balance due, or (ii) the
maximum interest charges permitted under applicable law Returned
checks may be charged a $25.00 processing fee.
7.0 Taxes. Customer shall be responsible for and shall pay all
applicable federal, state and local taxes, fees, charges, surcharges or
other similar exaction (hereinafter called "taxes") imposed on or with
respect to the Services and/or Products that are the subject of this
Agreement whether such taxes are imposed directly upon Customer
or upon Sabio For purposes of this Section, taxes do not include any
taxes that are imposed on or measured by the net income of Sabio.
8.0 Term and Termination. The term of this Agreement will run
from the Effective Date until the end of the Minimum Term from the
last Installation of a Service The Services and the obligation to pay
for such Services will continue after the end of their respective
Minimum Terms on a month -to -month basis, unless either party
terminates the Agreement or cancels such Service by providing at
least thirty (30) days prior written notice. Either party may terminate
this Agreement or a particular Service at any time by providing at
least thirty (30) days prior written notice, except that if Customer
terminates this Agreement prior the end of the Minimum Term of any
of the Services or cancels a particular Service prior to the end of its
Minimum Term, or if Sabio terminates a Service or this Agreement
for cause prior to the end of a Service's Minimum Term, Customer
will be responsible for all applicable termination and/or
disconnection fees as described in the Customer Policies
("Termination Fees"). The Termination Fees for TeleSurfer and
TeleSoho Internet Services are $250.00 per line, and the
Termination Fees for TeleSpeed and TeleXtend Internet Services
are $500.00 per line Customer may upgrade to a higher grade of
service without an upgrade charge. However, Customer will be
responsible for any additional installation and equipment charges that
are necessary to effect the upgrade Likewise, Customer may
downgrade without a downgrade charge provided that Customer has
met the Minimum Term. However, additional installation and
equipment charges will apply if necessary to effect the downgrade
request
Sabio Communications, LLC
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9.0 Disclaimers. THE SERVICES AND PRODUCTS ARE
PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE
THEREOF IS AT ITS OWN RISK. SABIO DOES NOT MAKE,
AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND
TITLE, AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SABIO DOES NOT WARRANT THAT THE SERVICES WILL
PERFORM AT A PARTICULAR SPEED, OR WILL BE
UNINTERRUPTED, ERROR -FREE, OR SECURE.
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY
SERVICE RELATED CLAIM WILL BE AS SET FORTH IN
SABIO'S STANDARD SERVICE LEVEL AGREEMENT
(SLA), WHICH IS CONTAINED IN THE CUSTOMER
POLICIES AND WHICH ONLY APPLIES TO TELESPEED
AND TELEXTEND SERVICES.
10.0 Limitation on Liability. UNDER NO CIRCUMSTANCES
SHALL EITHER SABIO OR ITS SUPPLIERS BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR
SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST
REVENUES, LOST PROFITS OR LOSS OF BUSINESS
REGARDLESS OF THE CAUSE OF ACTION, AND
WHETHER OR NOT FORESEEABLE. IN NO EVENT
SHALL SABiO'S OR ITS SUPPLIERS' CUMULATIVE
LIABILITY EXCEED THE FEES PAID BY CUSTOMER
THROUGH THE MONTH IN WHICH THE CLAIM AROSE
EVEN IF SABIO IS INFORMED OF THE POSSIBLITY OF
SUCH DAMAGES. IN ADDITION, SABIO AND ITS
SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES, LOSSES, EXPENSES OR COSTS THAT
CUSTOMER SUFFERS AS A RESULT OF: (i) ANY
INTERRUPTION OR FAILURE OF THE SERVICES OR
PRODUCTS; (II) THE DOWNLOADING OR USE OF ANY
INFORMATION, DATA OR MATERIALS OBTAINED VIA
THE SERVICES OR FROM THE INTERNET; (iii) ANY
FAILURE TO COMPLETE A TRANSACTION ON THE
INTERNET OR USING THE SERVICES OR ANY LOSS OF
DATA DUE TO DELAYS, NON -DELIVERIES, MIS -
DELIVERIES, OR SERVICE INTERRUPTIONS; (IV)
ANYTHING BEYOND THE REASONABLE CONTROL OF
SABIO, INCLUDING BUT NOT LIMITED TO ANY
INTERUPTiON OR FAILURE OF A THIRD PARTY'S
SERVICES, SOFTWARE, EQUIPMENT OR NETWORK; (V)
ANY UNAUTHORIZED USE OR MODIFICATION OF
SERVICES OR PRODUCTS OR COMBINATION OF
SERVICES OR PRODUCTS WITH OTHER SERVICES,
PRODUCTS OR EQUIPMENT; (VI) VIRUSES, WORMS,
TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR
SOFTWARE; OR (VII) THE ATTEMPT BY UNAUTHORIZED
USERS (E.G., HACKERS) TO OBTAIN ACCESS TO
CUSTOMER'S DATA, WEB -SITE, COMPUTERS, OR
NETWORKS.
11.0 Confidentiality. Customer acknowledges that the Products
contain proprietary and confidential information of Sabio and its
suppliers Customer agrees to not disclose the Products to third
parties without the prior written consent of Sabio and the suppliers
identified to Customer in Sabio's response to such notice Customer
shall not copy, modify, resell or distribute the Products, create or
recreate the source code for the Products, or re -engineer, reverse
engineer, decompile, disassemble or attempt in any way to disable,
deactivate or render ineffective the password protection in the
Products Customer shall not remove, erase, tamper with or fail to
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preserve any copyright, trademark, or other proprietary notice printed
or stamped on, affixed to, or encoded or recorded in the Products
12.0 Choice of Law and Binding Arbitration. This Agreement shall
be deemed to have been made in, and shall be construed pursuant to
the laws of the State of Florida and the United States without regard
to conflicts of laws provisions thereof. Any waivers or amendments
shall be effective only if made in writing. This Agreement is the
complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and oral
agreements and communications relating to any of the subject matter
of this Agreement. Binding arbitration shall be the sole and exclusive
remedy for resolution of Disputes between the parties. Such Dispute
shall be submitted for arbitration in Miami, Florida under the rules of
the American Arbitration Association ("AAA"). The arbitrator's
decision will be final and entered into any court of competent
jurisdiction. The prevailing party will be entitled to recover its
attorney's fees and costs in connection with such arbitration. Should
either party bring a Dispute in a forum other than AAA, the arbitrator
may award the other party its reasonable costs and expenses,
including attorneys' fees, incurred in staying or dismissing such other
proceedings or in otherwise enforcing compliance with this Dispute
resolution provision. Customer understands that Customer would
have had a right to litigate Disputes through a court, and that
Customer has expressly and knowingly waived that right and
agreed to resolve any Disputes through binding arbitration. This
arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration
Act, 9 U.S.C. Section 1, et seq For the purposes of this section, the
term "Dispute" means any dispute, controversy, or claim arising out
of or relating to (i) this Agreement, its interpretation, or the breach,
termination, applicability or validity thereof. "Sabio" includes its
subsidiaries, affiliates, directors, officers, employees, beneficiaries,
agents or assigns; the term "Customer" means you, the original
account holder, its agents, employees, directors, officers,
beneficiaries, or heirs.
13.0 Force Majeure. Neither party shall be responsible for any
failure to perform due to unforeseen circumstances or to causes
beyond such party's reasonable control, including but not limited to
acts of God, changes in governmental laws, rules, regulations or
orders, war, terrorist acts, insurrection, riot, embargoes, acts of civil
or military authorities, fire, floods, accidents, strikes, or shortages of
transportation, facilities, fuel, energy, labor or materials Customer
acknowledges that certain of Sabio's suppliers establish the prices
charged to Sabio based on governmental laws, rules, regulations,
orders and decisions If any of the prices charged to Sabio by any of
its suppliers increase as a result of changes to governmental rules,
laws or regulations or pursuant to new decisions or orders issued by
applicable regulatory bodies, Sabio reserves the right to increase the
price charged to Customer, effective thirty days following notice to
Customer If Customer does not agree to accept the new pricing,
Customer may terminate the Agreement without penalty within thirty
days of the date of such notice Any continued use of the Services
thirty days after the notice date shall be deemed acceptance of the
new prices.
14.0 General The relationship between the parties created by this
Agreement is that of independent contractors and not partners, joint -
venturers or agents All remedies available to either party for breach
of this Agreement are cumulative and may be exercised concurrently
or separately, and the exercise of any one remedy shall not be
deemed an election of such remedy to the exclusion of other
remedies. Customer may not assign this Agreement without the prior
written consent of Sabio, which consent shall be at Sabio's sole
discretion Sabio may assign this Agreement. Except as expressly
provided herein, no modification to this Agreement shall be effective
unless in writing and signed by an authorized representative of Sabio.
If any provision of this Agreement is held to be invalid or
unenforceable under any circumstances, its application in any other
circumstances and the remaining provisions of this Agreement shall
not be effected. Notices to Customer may be sent to the facsimile
number, email address or address listed on the Order Form.
Customer consents to receiving all notices hereunder through
electronic means. Notices to Sabio should be sent to Sabio
Communications, ATTN: Sales Operations, 8390 NW 53 Street,
Suite 105 Miami, Florida 33166. The Order Form, the Policies and
these Terms and Conditions contain the entire understanding of the
parties with regard to this matter and supersede any prior written or
oral communications between the parties with respect to the subject
matter of this Agreement. The provisions of Sections 6, 7, and 9, 10,
11, 12 and 14 shall survive any termination of this Agreement.
15. Customer Provided CPE for TeleSpeed and TeleXtend
Internet Services. Customer ordering TeleXtend or TeleSpeed
services may provide its own CPE; provided that such CPE is
compatible with the Sabio network. Sabio will periodically publish
guidelines for determining the compatibility of CPE with the Sabio
network, a copy of which can be obtained from Sabio's Customer
Support Center by calking 1-888-64-SABIO. Sabio may change the
guidelines for compatibility with Sabio's retail offerings at any
time. Customer agrees to the following terms and conditions related
to such Customer -provided CPE:
a) Compatibility: Customer is solely responsible for ensuring that
Customer -provided CPE complies with the compatibility guidelines
published by Sabio. If Customer determines after installation that
such CPE is not compatible with the Sabio network, Customer may:
(i) disconnect the order, in which case Customer will be liable for all
applicable Termination Fees that may apply; or (ii) request that Sabio
provide a Sabio CPE, in which case Sabio will charge Customer
Sabio's then -standard fee for such CPE and charge Customer for the
Field Service Technician dispatch for the setup of such Sabio-
provided CPE, each as set forth in the Customer Policies.
b) Provisioning. Customer is solely responsible for ensuring the
proper functioning of Customer -provided CPE. The Sabio Field
Service Technician will not provide any assistance in the setup or
configuration of Customer -provided CPE at the time of installation.
If, at the time of installation, Customer requests that Sabio supply
Customer with a Sabio CPE, the Field Service Technician will supply
and configure a Sabio CPE, and Sabio will bill Customer the then
standard fees for such CPE.
c) Management of CPE Customer is solely responsible for the
management of Customer -provided CPE Sabio's Customer Support
Center will not provide any assistance with the configuration or
maintenance of Customer -provided CPE. If Sabio dispatches a Field
Service Technician in response to a trouble ticket ultimately
determined by Sabio to be the result of the Customer -provided CPE,
Sabio will charge Customer for the Field Service Technician
dispatch.
d) Warranty Disclaimer' In addition to the warranty disclaimers
elsewhere in this Agreement, Sabio explicitly disclaims any and all
warranty or maintenance responsibility for Customer -provided CPE.
Any warranty claims, maintenance, or repairs for Customer -provided
CPE will be the sole responsibility of Customer However, if
Customer had initially purchased such CPE through Sabio or one of
Sabio's ISP partners, Sabio will honor any remaining warranty
pursuant to the terms of this Agreement.
e) Service Level Agreement: Customer will not receive credits
according to the Service Level Agreement for TeleXtend or
TeleSpeed services if Customer -provided CPE is determined by
Sabio to have contributed to the event for which Customer is
requesting SLA credits
Sabio Communications, LLC
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