CLEAR CHOICE COMMUNICATIONS
SUMMARY OF TERMS OF RETAIL SERVICE AGREEMENT
Updated 01/2016(revision number 1)
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT INSTALL AND/OR ACTIVATE THE CLEAR CHOICE COMMUNICATIONS SERVICE(S).
Subject to credit approval, Service One Cable TV, Clear Choice Communications, LLC, and Clear Choice Broadband, LLC, and their third party partners, collectively known as CLEAR CHOICE, will provide all services requested by YOU as our customer on the following terms and conditions. If You request Clear Choice voices services, You must provide a high-speed Internet connection, either through Clear Choice or through another Internet provider. Voice services will only be offered as a bundle of local and long distance service provided through Clear Choice and its third party partners. You will be bound by the voice bundle price lists, applicable tariffs and/or regulations posted on the Clear Choice website and any special terms and conditions relating to the voice service. If You receive Clear Choice Internet service, You will also be bound by the Internet Service Agreement and the Acceptable Use Policy, both located on the Clear Choice website. The services are also subject to the Annual Notice that You will receive each year regarding, among other things, the Privacy Notice. In addition to this summary, complete details of the retail relationship between You and Clear Choice may be found in “Terms and Conditions of Service” on the Clear Choice website at http://www.clearchoiceplaq.com.
Obligations of Clear Choice:
- Install in a workmanlike manner the necessary equipment and materials for all services requested.
- Maintain Clear Choice equipment in accordance with reasonable industry standards and applicable regulations.
- Clear Choice has no obligation or responsibility for loss of stored content on any devices or for any damage to Your devices.
- Ensure Your safety, Clear Choice employees/representatives shall always carry official identification that may be verified by You.
- Protect the confidentiality of information about the amount, type, and destination of Your service usage (CPNI), in accordance with applicable law and regulation.
- This Agreement shall commence upon installation and initial provision of service on a Month-to-Month basis. You shall pay all installation, equipment, service or other charges by due date of the Clear Choice bill. Charges are according to Clear Choice’s rate schedule or tariff applicable at the time services are rendered. Monthly service rates may be subject to additional federal, state, and local taxes, fees, surcharges and other assessments. Service fees and charges are payable in advance once service is initiated. If You terminate service before the end of a prepaid period, Clear Choice will refund the prorated unused portion of the fees and charges. If You or Clear Choice terminate a service without payment in full by the due date, Clear Choice may transfer outstanding balances for services provided under this Agreement to other accounts that You have with Clear Choice.
- If You fail to make timely payment, Clear Choice may terminate service, remove Clear Choice Equipment and impose late fees and collection trip fees, not to exceed the maximum amount permitted by law. Consult “Billing and Payment” at http://www.clearchoiceplaq.com.
- Provide Clear Choice employees and representatives with a safe working environment at Your premises.
- Assume complete responsibility for any improper use, damage or loss of any equipment furnished by Clear Choice. You shall only use the equipment and services in accordance with the Clear Choice Terms and Conditions herein set forth and in a manner that complies with applicable laws and regulations. If You use the services or equipment in a manner that violates either the Clear Choice Terms and Conditions or applicable laws and regulations, Clear Choice shall have the right to immediately restrict, suspend, or terminate Your services, without liability on the part of Clear Choice.
- Equipment: You agree to a) use any and all Equipment provided by Clear Choice only for receiving services ordered from or through Clear Choice; and b) return promptly all equipment to Clear Choice upon termination of service(s) in good condition and without any encumbrances, except ordinary wear and tear resulting from proper use.
- In the event of an electrical power outage, Your voice service, including access to E911 emergency assistance, will not work until the power has been restored. Further, Clear Choice uses Your telephone number and Your service address to identify your location for the purpose of dispatching 911 emergency services. To ensure that E911 dispatch receives your correct address, the digital voice modem should not be moved to another location without amending the data You provide to Clear Choice at installation. You must review, understand, and accept the limitations of Clear Choice’s voice service as it relates to the provision of E911 services.
- Allow Clear Choice employees/representatives access to Your premises to install, maintain or repair, upgrade, and/or remove Clear Choice equipment. You may authorize any other adult person at Your residence to grant access to Your premises.
- If You do not own Your premises, You have obtained necessary permission from the owner to install Clear Choice service(s) and equipment, including, without limitation, equipment attached to the outside of the premises, and You will indemnify Clear Choice from claims of the owner in connection with the installation and provision of service(s).
- You may not assign or transfer any Clear Choice service to any tenant or occupant or to any other location with written consent from Clear Choice. Such attempt shall constitute breach of this Agreement.
- Programming: You acknowledge that Clear Choice reserves the right at any time and in its sole discretion to change its channel lineup and/or to pre-empt certain programs or parts of programs previously advertised as available. Clear Choice also reserves the right to alter its fee structure upon notice to You. You may not rebroadcast, transmit, record, perform, or charge admission to view or listen to any of the programming made available by Clear Choice services unless you obtain and pay for any public performance license.
- Comply with Clear Choice’s “Acceptable Use Policies” for all services ordered, fully detailed on the Clear Choice website http://www.clearchoiceplaq.com
Limitation of Warranties and Liabilities:
CLEAR CHOICE (COLLECTIVELY), IT’S PARENT COMPANY, AFFILIATES, THIRD PARTY PARTNERS, EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTIULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. CLEAR CHOICE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR THE DEGRATION OR INTERRUPTION OF ANY SERVICE, FOR ANY LOST DATA, CONTENT, IDENTITY THEFT, FOR ANY FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. CLEAR CHOICE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING, OR THE PROVISION OF SERVICES. NOR SHALL CLEAR CHOICE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO ACTS OF A THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS CLEAR CHOICE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNYS’ FEES, ARISING OUT OF (A) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICES INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROERTY RIGHT OF ANY THIRD PARTY, (B) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL CLEAR CHOICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NON-PERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. CLEAR CHOICE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO CLEAR CHOICE IN THE MOST RECENT THREE (3) MONTHS PRECEDING YOUR CLAIM.
Under federal law You have the right and Clear Choice has the obligation to protect the confidentiality of information about the amount, type, and destination of Your service usage (CPNI). You hereby consent to the sharing of Your CPNI or other personal information with Clear Choice and its affiliates, agents and contractors solely for the purpose of developing or brining to Your attention any products and services, or in the event of any merger or sale of some or all of the company assets or acquisition as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of Your service and is valid until revoked by You. To remove this consent at any time, You may notify Clear Choice in writing at P.O. Box 509, Plaquemine, LA, 70764, Attn: Customer Service, and provide the following information: 1) Authorized Account Holder Name, 2) Service Billing Address, 3) telephone number, including area code, and 4) service account number. Removing consent will not affect Your current service.
All notices and communications under this Agreement shall be in writing and shall be given by personal delivery, recognized national overnight courier service (i.e., Federal Express), by registered or certified mail, return receipt requested, or by facsimile transmission, addressed to the respective Party as set forth in this Agreement or to such other address as may be designated in writing by such Party. Notice shall be deemed given upon receipt.
Breach of Agreement:
If You breach this Agreement, or any other agreement referenced herein, Clear Choice has the right to terminate this Agreement and retrieve its Equipment. Clear Choice’s failure to require Your strict performance of any term of this Agreement shall not be a waiver of Clear Choice’s right to require strict performance of any term or condition herein. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default. If any provision of the Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render the Agreement unenforceable, but rather the Agreement shall be construed as if not containing the invalid or unenforceable provision. The Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Louisiana without regard to its conflict of law principles. Each party consents to personal jurisdiction in the state and federal courts of the State of Louisiana.
This Agreement, all applicable tariffs and other agreements specifically referenced herein and found on http://www.clearchoiceplaq.com constitute the entire Agreement between You and Clear Choice for the subject matter hereof. Any modification to this Agreement shall be in writing and signed by authorized representatives of both Parties. In case of any conflict between the provisions of these terms and any schedule (including Additional Terms), the provisions of these terms shall take precedence unless otherwise indicated in the signed, attached schedule. This Agreement and any amendments of the terms thereof may be signed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.