The following terms and conditions govern the MINet Solutions provision of network services (“Services”) to the company or individual (“Customer”) as described on the Client Service Agreement. The Term “Services” is limited to the equipment, facilities, programming or software provided by MINET to facilitate MINet Services but does not include special access lines that may be utilized with MINet Services, or any equipment, facilities, programming or software at the Customer site. Specifically, MINet Services includes only that portion of connections on MINet-side of the telecommunications P Provider’s demarcation. In the case of Hub Services, the complete connection to the Customer computer system is included. Hub Services are defined as network services to Customer’s computer systems co-located at MINet facility receiving Internet services.
The initial Term begins on the first day of the month following MINET’s installation of MINET-side equipment or facilities and Internet service established between MINET and customer routing equipment. The Term for Services (“Term”) will be as indicated above. After initial Term all Internet services shall automatically renew for one month Terms unless Customer or MINET notifies the other by thirty (30) days written notice that it does not wish to renew.
Rates are as set forth on Client Service Agreement Contract (“Order”). MINET will provide sixty (60) days written notice of any change in base prices. Customer is responsible for service fees according to the new base prices for Customer services installed based on the most recent Service Order(s). Billing shall commence on the date the service is delivered, activated, and tested for proper use for the Customer. Customer will be invoiced monthly or as mutually agreed upon by both parties for all amounts due and owing to MINET.
Customer agrees to pay all charges incurred. Your telecommunications bill is sent via US Postal Service on the fifteenth (15th) day of each month, or the next business day if the fifteenth falls on a weekend or holiday. Consistent with billing practices for all other Martinsville utilities (water, sewer, garbage, and electric), the customer is obligated to pay in full the amount posted on the telecommunications bill by the due date, which typically gives the customer about twenty-two (22) days to pay the posted balance. If the posted balance is not reconciled by the close of business on the due date, a 10% late payment fee will be added to the account balance. If the account balance is not reconciled by close of business ten (10) calendar days following the due date (unless the due date falls on a weekend or holiday, in which case it is the next business day) the account will be subject to disconnection of services. Note this practice is consistent with the City of Martinsville Electric Department’s terms and conditions, Article VIII, Section 8.1, which can be found on the City of Martinsville’s web site. If you feel there are discrepancies on your bill, please contact the Finance Department at (276) 403-5142 to assist in reconciling the issue. If you feel you need additional support in resolving your issues, feel free to contact the Director of Telecommunications for any concerns. Payments should be mailed to City of Martinsville, Treasurer, PO Box 1112, 55 West Main Street, Martinsville, VA 24114
If deemed necessary, under certain circumstances, MINET with (30) days prior written notice may terminate this service agreement. If customer elects to terminate service prior to contractor expiration date, customer is obligated to pay minimum required payments due through the end of contractual period. MINet Solutions does not relieve customer of contractual obligations.
5. RIGHTS AND OBLIGATIONS OF CUSTOMER.
A. Customer shall at its own expense provide all necessary preparations required to comply with MINET’s installation and maintenance specifications, and shall be responsible for the costs of relocation of any equipment or telecommunications circuits once Services are initiated. This includes a circuit from a location of Customer’s choice to MINET router (for all Services except Hub Services), circuit termination and packet switching equipment to connect Customer systems or networks to Services. For Hub Services, Customer shall provide the computer system to locate at MINET facility.
B. Customer shall provide information related to Services as requested by MINET to troubleshoot Services.
C. Customer shall not nor shall it permit or assist others to use Services for any purpose other than that for which they are intended.
D. Customer shall not nor shall it permit or assist others to abuse or fraudulently use Services, including but not limited to the following:
1. Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
2. Accessing, altering, or destroying any information of another MINET Customer by any fraudulent means or device, or attempting so do so; or
3. Using Services so as to interfere with the use of MINET network by other Customers or authorized users, intentionally or not; or in violation of the law
or in aid of any unlawful act.
E. Customer acknowledges that MINET’s network may only be used for lawful purposes.
F. Customer acknowledges that MINET offers Customer access to the Internet. Customer hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with MINET or any of its affiliates, and that it is a separate network of computers, independent of MINET. Customer’s use of the Internet is solely at Customer’s own risk and is subject to all applicable local, state, national and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond MINET’s authority and control.
G. Customer acknowledges that access to other networks connected to MINET’s network must comply with the rules appropriate for that other network. MINET exercises no control whatsoever over the content of information passing through its network.
6. EQUIPMENT OR SOFTWARE NOT PROVIDED BY MINET.
A. MINET shall not be responsible for the installation, operation or maintenance of equipment or software not provided by MINET; nor shall MINET be responsible for the transmission or reception of information by equipment or software not provided by MINET.
B. Customer shall be responsible for the use and compatibility of equipment or software not provided by MINET. In the event that Customer uses equipment or software not provided by MINET that impairs the Customer’s use of Services, Customer shall nonetheless be liable for payment for Services. Upon notice from MINET that the equipment or software not provided by MINET is causing or is likely to cause hazard, interference or service obstruction, Customer shall eliminate the likelihood of hazard, interference or service obstruction. Customer shall if necessary pay MINET to troubleshoot difficulties caused by equipment or software not provided by MINET. MINET will notify Customer by telephone before any such charges are incurred.
C. MINET shall not be responsible if any changes in Services cause equipment or hardware not provided by MINET to become obsolete, require modification or alteration, or otherwise affect performance of equipment or hardware not provided by MINET.
D. MINET includes this terms and conditions so that MINET can control the performance of MINET network on an end-to-end basis and protect MINET network.
7. RIGHTS AND OBLIGATIONS OF MINET.
A. MINET shall install, operate and maintain Services. MINET shall not be responsible for cabling that connects equipment not provided by MINET to MINET Services.
B. MINET warrants that Services will be in good working order and will conform to MINET’s service specifications upon the date installed. The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
C. Customer’s sole remedy for performance or non-performance of Services pursuant to MINET’s service specifications shall be repair or replacement of Services.
D. MINET shall not be liable for any unauthorized access to the customer’s premise. Only those bearing the Name Badge of City of Martinsville or a duly authorized representative by call or written notice is authorized to enter or work on MINet’s Equipment on the Customer’s premise on the City’s behalf. Any admittance to the Customer’s premise deemed unauthorized as stated, relieves the City of any alterations, theft or destruction of Customer’s data files, programs, procedure, or information through accident, fraudulent means or devices, or any other method.
E. Customer understands that routine maintenance and periodic system repairs,
upgrades and reconfigurations may result in temporary impairment or interruption
in service. Under normal and nonemergency circumstances, MINet will give ample notice on service interruptions or routine maintenance. Most scheduled maintenance except for emergency circumstances is performed between the hours of 11:00 PM and 3:00 am.
A. Customer shall not assign or transfer the Order without the prior written consent of MINET. MINET may, however, assign this Agreement to its parent company or an affiliate with thirty (30) days notice. No Customer is allowed to resell or redistribute Internet services provided by MINET including but not limited to the following services; Retransmission of Internet connection services through microwave and radio waves for reselling is prohibited. MINET may permit Customer to provide Internet services to third parties only under an exclusive written agreement between MINET and Customer.
B. The provision of Services by MINET is subject to MINET’s continuing approval of Customer’s creditworthiness.
C. Any legal action arising out of failure, malfunction or defect in Services shall be brought within one (1) year of the occurrence or is deemed waived.
D. This Agreement may not be modified except by written amendment by the parties. No agent, employee or representative of MINET or Customer has authority to bind the parties to any representation or warranty unless such is specifically included in this Agreement, the Order, or written amendments thereto.
E. MINet Solutions is responsible for complete installation of Optical Fiber to the Customer’s D’mark Location. MINet Solutions will activate Miss Utility for the location of all underground facilities. Customer will ensure all utilities are properly located on customer’s property. Utilities not properly marked on customer’s property is not the responsibility of MINet Solutions.
Attention: Contract Administration
E. All users of Customer services are responsible for ensuring their use complies with any policies in effect which may apply to their use. Further, users of Customer services are responsible for determining which policies affect their specific use.
F. Customer is responsible for assessing its own need for property, casualty, and liability insurance and shall obtain such insurance as it sees fit. Customer shall bear the risk of loss to its own equipment and agrees to so make any claims against the others for any property loss.
G. It is understood and agreed by the parties hereto that this instrument in conjunction with the Customer Agreement constitutes the entire agreement between the parties. Each party hereby specifically advises the other that any representations inconsistent with the terms and conditions contained herein made by any officer, agent or employee are wholly unauthorized and specifically repudiated.
H. The parties have entered into this Agreement as of the date indicated on the first page front.
I. Neither party shall disclose any of the terms and conditions of this agreement without the prior written notice of the other, provided, however, in any of its sales and marketing materials MINET may refer to Customer as its Customer.