HomeMy Public PortalAboutCox Service Agreement Fairview Parkc
Business'
Commercial Services Agreement
10/9/2012
Cox Account Rep:
Louanda Madison
Cox System Address:
Phone Number:
toll free 855-637-1731
3405 McLemore Drive
Fax Number:
877-873-4962
Pensacola, FL 32504
Customer Information
Authorized Customer Representative Information
Legal Company Name:
CITY OF CRESMEW PARK & REC DEPT/FAIRVIEW CENTER
Full Name:
JOSEPH CARR
Street Address:
903 MCCLELLAND ST
Billing Contact:
850-682-4715
City/State/Zip:
Crestview, Florida 32536
Fax:
Billing Address:
Contact Number:
850-682-4715
City/State/Zip:
Email Address:
josephcam@dtyofcrestview.org
Cox Account if:
135-0148139-01
Taxes and Fees Not Included
Service Description
Prey
QTY
New
QTY
Unit
Price
Term
(Months)
Type
Service Charges
Monthly Recurring
One Time Activation &
Setup Fees
Business Intemet Starter 5.0/1.0
1
559.00
36
New
$59.00
Installation / Activation Fee
1
$129.00
$129.00
Totals:
$59.00
$129.00
Equipment Charges
Description
Quantity
Unit Price
Total Fee
If you are an Ethemet customer, please initial below.
Merge Bill
Inter -State Service. By Initialing here and signing below, Customer represents that at least 100/0 of the traffic on the designated
dreult(s) is Inter -State In nature or Is Internet traffic.
No
Special Conditions
Promotion Details
By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to
the terms and conditions attached to this Agreement and any other terms and conditions applicable to the Services selected above, including without limitation, the Cox tariffs,
Service Guides, state and federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policles/business-general-terms.cox, and the Cox Acceptable Use
Policy (the AAUP'). Customer acknowledges receipt and acceptance of the AUP and the General Terms by signing this Agreement. This Agreement Is subject to credit approval
and Customer authorizes Cox to check credit. The prices above do not Include applicable taxes, fees, assessments or surcharges which are additional and may change. This
proposal Is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. Cox may withdraw this proposal at any
time prior to Customer's signature. If, within thirty (30) days after Customer's signature below, Cox determines that Customer's location Is not serviceable under Cox's normal
Installation guidelines, Cox may terminate this Agreement without liability. If Customer terminates or decreases any Service that Is part of a bundle offering, the remaining
Services shall be subject to price Increases for the remaining Term. Both parties agree that each party may use electronic signatures to sign this Agreement. Unless otherwise
agreed to by the parties In a written amendment to this Agreement, Customer shall satisfy the MRC set forth above for the duration of the Term. Cox may charge Customer a
termination fee equal to the amount of the MRC reduction resulting from a partial termination of a Service multiplied by the number of months remaining In the Term. If Cox
performs any work induding construction or Incurs any costs to provide Service to Customer and Customer cancels this Agreement prior to Service Installation, Customer shall
be liable for Cox's reasonable costs In addition to any other termination charges. I acknowledge that I have read and understand the 911 disclosures In Section 2 of the Service
Terms.
Custo er thoriz Signature
Cox Communications Gulf Coast, LLC; Cox Florida Telcom, LP
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The terms and conditions set forth on the C age and below (the'
"Service Tserms"), together with the Additional Terms and Conditions'
avilabie at http://ww2.cox.com/aboutus/policies/business-oeneral-
terms.cox (the "General Terms" and collectively with the Service Terms
and any other policies and terms incorporated by reference In the Service
Terms, this "Agreement"), will govern Customer's use of the services
Identified on the attached cover page, or If in the Cox Business e-
commerce environment, as selected above (the "Cover Page") (each a
"Service").
1. Tariffs/Service Guide If Customer is purchasing any Services that
are regulated by the FCC or any state regulatory body ("Regulated
Services"), then Customer's use of such Regulated Services is subject to
the regulations of the FCC and the regulatory body of the state in which
the Customer location receiving these Regulated Services Is located (which
regulations are subject to change), as well as the rates, terms, and
conditions contained in tariffs on file with state and federal regulatory
authorities. For states where the Regulated Services are de-tariffed,
Regulated Services are provided pursuant to the rates, terms and
conditions for the Cox Service Guide for that State (the "SG"), which may
be found at http://ww2.cox.com/business/voice/reoulatorv.cox and which
such terms are incorporated herein by reference. Cox may amend such
tariffs (and if applicable, the SG) and the Regulated Services shall be
subject to such tariffs (or If applicable, the SG), as amended. Customer
must disclose to Cox if Customer intends to use the Regulated Services
with payphone service. The tariffs and the SG contain cancellation or
termination fees due In the event of cancellation or termination (including
partial termination) of a Regulated Service prior to the Term selected on
the Cover Page. Termination fees Include, but are not limited to,
nonrecurring charges, charges paid to third parties on behalf of Customer,
and the monthly recurring charges for the balance of the Term.
2. PBX Usage and E911 Services PLEASE REVIEW THE FOLLOWING
WEBSITE FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES:
http://ww2.cox.com/business/voice/reaulatorv.cox, In addition to the
information about PBX Service and e911 Service In Section C13 of the
General Terms. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED
BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE
IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A
POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA
WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH
THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE
DURING A POWER OUTAGE USING AN IAD, ATA, and ESBC WILL DEPEND
ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR
IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR
REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED,
SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE.
COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO
RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF
CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD
OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT
ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR
TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911
SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR
BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR
CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE
OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2
BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED.
3. Service Start Date and erm This Agreement shall be effective
upon execution by the parties. The "Initial Term" shall begin upon
installation of Service and shall continue for the applicable Term
commitment set forth on the Cover Page; provided that if Customer delays
installation or is not ready to receive Services on the agreed -upon
installation date, Cox may begin billing for Services on the date Services
would have been Installed. Cox shall use reasonable efforts to make the
Services available by the requested service date. Cox shall not be liable
for damages resulting from delays in meeting service dates due to
construction delays or reasons beyond Its control. If Customer delays
installation for a period of three (3) months or longer after the parties'
execution of this Agreement, Cox reserves the right to terminate this
Agreement immediately at any time thereafter and Customer shall be
responsible for the full amount of construction costs and any other related
costs incurred by Cox as of the date of termination. AFTER THE INITIAL
TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1)
YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE
OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30)
DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN
CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and
Extended Term (s), if any. Cox reserves the right to Increase rates for all
Services by no more than ten percent (SO%) during any Extended Term by
providing Customer with at least sixty (60) days written notice of such rate
increase. This limitation on rate increases shall not apply to video Services
or Services for which rates, terms and conditions are governed by a Cox
tariff or SG. Upon notice to Customer, Cox may change the rates for video
Services periodically during the Term. Cox may change the rates for
telephone Service subject to a Cox tariff or SG periodically during the
Term. For the avoidance of doubt, promotional rates and promotional
discounts provided to Customer will expire at the end of the Initial Term or
earlier as set forth in the promotion language. Customer's payment for
Service after notice of a rate Increase will be deemed to be Customer's
acceptance of the new rate.
'It Termination Custo ay terminate any Service before the end of the
Term selected by Customer on the Cover Page; provided, however, if Customer
terminates any such Service before the end of the Term (except for breach by
Cox), unless otherwise expressly stated in the General Terms, Customer will be
obligated to pay a termination fee equal to the nonrecurring charges (if unpaid)
and 1000/0 of the monthly recurring charges for the terminated Service(s)
multiplied by the number of full months remaining in the Term. This provision
survives termination of the Agreement. If Cox is delivering Services via wireless
network facilities and there is signal interference with any such Service(s), Cox
may terminate this Agreement without liability if Cox cannot resolve the
Interference by using commercially reasonable efforts.
5. Payment Customer shall pay for all monthly Service charges, plus one-
time set-up, installation and/or construction charges. Unless stated otherwise
herein, monthly charges for Services shall begin upon installation of Service,
and installation charges, if any, shall be due upon completion of installation.
Any amount not received by the due date shown on the applicable Invoice will
be subject to Interest or a late charge no greater than the maximum rate
allowed by law. Customer acknowledges and agrees that If Customer fails to
pay any amounts when due and fails to cure such non-payment upon receipt of
written notice of non-payment from Cox, Customer will be deemed to have
terminated this Agreement and will be obligated to pay the termination fee
described In Section 5, above. If applicable to the Service, Customer shall pay
sales, use, gross receipts, and excise taxes, access fees and all other fees,
universal service fund assessments, 911 fees, franchise fees, bypass or other
local, state and Federal taxes or charges, and deposits, Imposed on the use of
the Services. Taxes will be separately stated on Customer's Invoice. No interest
will be paid on deposits unless required by law.
6. Service and Installation Cox shall provide Customer with the Services
identified on the Cover Page and may provide related facilities and equipment,
the ownership of which shall be retained by Cox (the "Cox Equipment"), or for
certain Services, Customer, may purchase equipment from Cox ("Customer
Purchased Equipment"). Customer is responsible for damage to any facilities or
equipment installed or provided by Cox (the "Cox Equipment"). Customer may
use the Services for any lawful purpose, provided that such purpose (a) does
not Interfere or impair the Cox network or Cox Equipment and (b) complies with
the AUP. Customer shall use the Cox Equipment only for the purpose of
receiving the Services. Customer shall use Customer Purchased Equipment in
accordance with the terms of the related equipment purchase agreement.
Unless provided otherwise herein, Cox shall use commercially reasonable efforts
to maintain the Services in accordance with applicable performance standards.
Cox network management needs may require Cox to modify upstream and
downstream speeds. Use of the data, Internet, web conferencing/web hosting
Services shall be subject to the AUP at
http://ww2.cox.com/aboutus/policies/business-policies.cox, which is
Incorporated herein by reference. Web hosting customers may view the AUP by
clicking on the control panel. Cox may change the AUP from time to time
during the Term. Customer's continued use of the Services following an AUP
amendment shall constitute acceptance.
7. E-Rate Customers If Customer Is an educational institution, library or
other entity that qualifies as an applicant seeking reimbursement under the
Federal Universal Service Fund Schools and Libraries Program (collectively, "E-
Rate Customers"), the additional terms in Section C9 of the General Terms will
apply.
8. General Terms The General Terms are hereby Incorporated into this
Agreement by reference. Cox, In its sole discretion, may modify, supplement or
remove any of the General Terms from time to time, without additional notice
to Customer, and any such changes will be effective upon Cox publishing such
changes on the website listed above. BY EXECUTING THIS AGREEMENT
AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES
THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE
GENERAL TERMS.
9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE
LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY
SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR
ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE
DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR
DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE
INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE
NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS
PROVISION OF THE SERVICES.
10. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER
AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED
ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE
SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT
INTERRUPTION. INTERNET SPEEDS WILL VARY. COX MAKES NO WARRANTY
AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE
NETWORK.
11. Public Performance. If Customer engages in a public performance of
any copyrighted material contained in any of the Services, Customer, and not
Cox, shall be responsible for obtaining any public performing licenses at
Customer's expense. The Video Service that Cox provides under this
Agreement does not Include a public performance license.