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Sun Dot Services Terms and Conditions These Terms and Conditions apply to all Sun Dot Services
ordered by the Customer identified in the Sun Dot Services Agreement. Entire Agreement: The Sun Dot Services
Agreement ("Agreement") by and between Customer and the provider of
Sun Dot services, Sun Dot Communications LLC, doing business as Sun Dot consists
of (i) these Sun Dot Services Terms and Conditions, and (ii) the Agreement and
Services Order submitted by Customer. This Agreement constitutes the complete
and exclusive statement of the understandings of the parties with respect to the
subject matter of the Agreement and supersedes all prior oral and written
statements relating to the Services provided hereunder. No subsequent agreement
between the parties shall be effective or binding unless they are made in
writing and executed or confirmed in writing by Customer and Sun Dot. Billing and Payment:
Commencing with the first full month of service, Sun Dot shall invoice Customer
applicable service charges and fees listed in the Agreement, as well as
applicable taxes and government surcharges. The first invoice will include any
non-recurring charges incurred and the pro-rated monthly recurring charge for
service rendered prior to the invoice date, as well as the monthly recurring
charge for service to be provided during the month in which the invoice is sent.
Payment by Customer of invoiced amounts in U.S. dollars is due within fifteen
(15) days of the invoice date. Authorized monthly credit card payments are
charged to Customer's credit card near the end of month for the month of the
invoice. Past due accounts will be charged a late fee of 1.5% per month (or
legal limit, if less) on any unpaid past due balance. Additional NRC (if Applicable):
In addition to the standard NRC listed above, the following NRC, if applicable,
will apply: ·
Nonstandard Installation (materials extra)- $200 + $20 for
every 15 minute increment, or part thereof, after 2nd hour (materials will be billed at market rates) ·
Standard Inside Move - $150 ·
Nonstandard Inside Move (materials extra) - $150 + $20 for
every 15 minute increment, or part thereof, after 2nd hour ·
Relocation Fee - $200 ·
Early Termination Fee (per circuit) - $500 ·
Speed Change (requires technician) - $100 ·
Downgrading Service (speeds changes only) - $100 ·
Inside Wiring Repair - $150 + $20 for every 15 minute
increment, or part thereof, after 1st hour ·
Site Survey - $150 ·
Facilities Management Riser Connection - $250 ·
Service Reinstatement Fee - $100 ·
Missed Appointment - $150 ·
CPE for DSL - $329 ·
CPE for Reach - $750 ·
Rejected Credit Card/Unpaid Check - $25 (or legal limit) Customer Premises Equipment:
Sun Dot Services' Customer Premises Equipment ("CPE") is the sole
property of Sun Dot and is loaned to Customer solely to utilize Sun Dot
Services. Customer is responsible for maintaining the CPE in good working
condition. Customer shall reimburse Sun Dot, on a time and materials basis as
documented in an invoice, for the cost to repair and/or replace Sun Dot CPE in
the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical
damage, (d) theft, or (e) disaster. Customer acknowledges and agrees that title
to the CPE is retained at all times by Sun Dot. Standard Installation:
The installation process at
Customer premises should take approximately two (2) hours to complete. The
installer will provide and install up to fifty (50) feet of new Category 5 wire,
an appropriate surface- mounted wall jack, the proper CPE (router, bridge,
etc.), an appropriate cable to connect your P.C. to the CPE and other minor
materials required to complete the installation. The installer will install (in
an accessible basement or crawl space area or externally along a convenient
route) the wire needed to connect the Local Exchange Carrier or phone company
point of demarcation located outdoors to a reasonably accessible location within
Customer's premises at or near the primary personal computer location, which
must be within six (6) feet of a grounded, 110 VAC, electrical outlet. The
installer will test the circuit to confirm its operability, connect and
configure one (1) non-networked P.C., and verify complete circuit functionality.
If the circuit is migrated from another ISP, its installation for the purpose of
billing shall be complete upon post-migration activation by Sun Dot. Domain Name Fee: The registration and
maintenance of Customer's domain names are Customer's responsibility and not
included in Sun Dot Services. IP Addresses: Upon IP address reassignment or
expiration, cancellation, or termination of the Agreement, Customer shall
relinquish any IP addresses or address blocks assigned to Customer by Sun Dot. Minimum Service Term:
The minimum Service Term shall be that stated in the Agreement for the
respective Service ordered but no less than 365 days from the date on which
service is installed. Following
expiration of the initial minimum term, ordered Service shall continue in effect
on a month-to-month basis until terminated by either Party upon at least 30 days
advance written notice to the other Party. The term of the Agreement shall be
coterminous with the Service Term. Suspension and Termination of Services:
Customer may terminate Services upon 30 days prior written notice to Sun Dot,
provided that Customer pay to Sun Dot the early termination fee if the
termination occurs within the minimum Services Term, and return or pay for CPE
as further discussed in Section 10 below. Such termination notice from Customer
must be in the form of an e-mail sent to cancelservice@sundotcom.net
with "Terminate Sun Dot Services" stated in the subject
line of the e-mail and Customer's contact information and identification of the
particular Services to be terminated included in the body of the e-mail. Sun Dot
may suspend or terminate Services and this Agreement without prior notice if
Customer fails to timely pay in full for Services or violates Sun Dot's
Acceptable Use Policy. Customer may reinstate Services suspended for nonpayment
if, within five (5) days of the Services suspension date, Customer pays to Sun
Dot the Service Reinstatement Fee plus all outstanding amounts due, including
the cost of Services that would have been provided during the suspension period.
If the Customer chooses not to so reinstate Services, Sun Dot will deactivate
Services without further notice and any applicable invoiced charges, including
any applicable Early Termination Fee, shall become immediately due and payable. Effect of Termination:
Upon termination of Sun Dot Services, Sun Dot will disconnect them and invoice
Customer for the original CPE price. If the CPE is returned within 20 days of
termination and is confirmed by Sun Dot to be in good working condition, the
Customer will be credited in full for the CPE. In addition, for any termination
of Sun Dot Services that occurs after Customer submits its Sun Dot Services
Agreement with Service Order but within 365 days of the Services installation
date, Sun Dot shall invoice Customer, and Customer shall pay, an Early
Termination Fee of $500. Sun Dot will waive the Early Termination Fee if (i)
Customer cancels its order within 5 business days of placing it; (ii) Sun Dot
cannot install ordered Services within 50 days after Sun Dot accepts the Sun Dot
Services Agreement executed by Customer, and Customer chooses not to wait for
Sun Dot to complete the installation; or (iii) for a period of more than 5
business days after Customer informs Sun Dot of the problem, Customer's Services
circuit is inoperative or unable to transport data reliably at the sync rate
accepted at the time of installation, and Customer then chooses to deactivate. Service Level Credits:
Upon Customer's request, Sun Dot will credit to Customer's account an amount
equal to the connectivity charges for five (5) times the length of any
unscheduled Services circuit outage of at least two hours duration, provided
that Customer notifies New Edge immediately of such outage, and that New Edge
reasonably determines that such outage was attributable to New Edge and not to
any action or omission of Customer or any third parties (including failure of
third party equipment). Customer credit may not exceed one month's service fees
in any single calendar month. Customer must request credit in writing or via
e-mail within 72 hours of Services restoration. Acceptable Use Policy:
Customer and all of its employees shall abide by the terms of the Acceptable Use
Policy ("AUP") set forth at http://www.sundotcom.net/policies.htm and
incorporated herein by reference. Reselling the Services without Sun Dots
express written authorization is prohibited by the terms of the AUP. By
accepting Sun Dot Services, Customer agrees to this AUP and any subsequent
modifications thereto. Sun Dot reserves the right to modify this AUP from time
to time, effective upon posting the AUP as modified at the URL shown above. Disclaimer of Warranties and Limitation of Liability:
EXCEPT FOR THE SERVICE LEVEL CREDIT COMMITMENT SPECIFICALLY PROVIDED FOR HEREIN,
SUN DOT SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR
WARRANTIES EITHER EXPRESS OR IMPLIED. NEW EDGE HEREBY EXPRESSLY DISCLAIMS ALL
IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT NEW EDGE CANNOT CONTROL THE CONTENT
TRANSMITTED ON ITS NETWORK OR THE INTERNET AND THAT COMMUNICATIONS ON THE
INTERNET MAY NOT BE SECURE AND MAY BE SUBJECT TO INTERCEPTION OR LOSS. SUN DOT
NETWORK DISCLAIMS, AND CUSTOMER HEREBY RELEASES SUN DOT FROM, ANY LIABILITY
ARISING OUT OF OR INCIDENTAL TO USE OF SUN DOT SERVICES OR CPE. IN NO EVENT
SHALL SUN DOT'S LIABILITY HEREUNDER EXCEED THE AMOUNT OF MONEY RECEIVED FROM
CUSTOMER DURING A SERVICE YEAR. Indemnity: To the fullest extent permitted by
law, Customer shall defend, indemnify, and hold harmless Sun Dot against any
liability arising from or incidental to (1) the use of Sun Dot Services provided
to Customer, whether or not Customer has knowledge of or has authorized access
for such use, and (2) any damage to or destruction of Sun Dot CPE not caused by
Sun Dot or its agents. Miscellaneous: The Agreement shall be governed
by, construed under, and enforced in accordance with, the laws of the state of
North Dakota without reference to its choice of law principles. For any action
or suit to enforce any right or remedy of this Agreement (except for an action
to enter or collect on any judgment), Customer and Sun Dot consent to exclusive
jurisdiction and venue in the appropriate state or federal court for Grand Forks
County, North Dakota and the prevailing party shall be entitled to recover its
costs, including reasonable attorney's fees. Sun dot may reasonably amend the
terms and conditions of the Agreement by giving Customer 30 days' prior notice
via publication on the Sun Dot web site or via e-mail.
Customer may not assign this Agreement without Sun Dot's prior written
consent, which consent shall not be unreasonably withheld. Sun Dot reserves the
right, exercisable in its sole discretion, to expand or reconfigure its service
areas and to discontinue any services upon 30 days notice by email or otherwise.
Headings in this Agreement are for reference only. If any provision of this
Agreement is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this Agreement shall not be
affected thereby. Sun
Dot Communications LLC,
recommends that Customer print out a copy of these Terms and Conditions and
retain the copy with the rest of Customer's Sun Dot Services Agreement.
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