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BUSINESS SERVICES CUSTOMER TERMS and Comcast, Shall Not Be Considered Comcast Equipment

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BUSINESS SERVICES CUSTOMER TERMS and Comcast, Shall Not Be Considered Comcast Equipment BUSINESS SERVICES CUSTOMER TERMS AND Comcast, shall not be considered Comcast Equipment. CONDITIONS Comcast Website or Website: The Comcast website where the The Customer named on the Service Order Agreement and General Terms and Conditions, PSAs and other Comcast security Comcast agree that the terms and conditions on the Service and privacy policies applicable to the Agreement will be posted. Order Agreement and these terms and conditions constitute the The current URL for the Website is business.comcast.com/terms- agreement (the “Agreement”) for the provision of the Services conditions-smb. Comcast may update the Website documents selected by Customer and designated on a Service Order. and/or URL from time to time. Services may include Comcast Business (also known as Business Class) and Hospitality commercial high-speed Confidential Information: All information regarding either internet services, including wi-fi services (“Internet”), Comcast party’s business which has been marked or is otherwise Business (also known as Business Class) and Hospitality communicated as being “proprietary” or “confidential.” or which commercial digital voice services, including enhanced voice reasonably should be known by the receiving party to be (including Business VoiceEdge™), toll free, remote call proprietary or confidential information. Without limiting the forwarding and trunk services (“Voice”), Comcast Business generality of the foregoing, Confidential Information shall (also known as Business Class) commercial cable television include, even if not marked, the Agreement, all Licensed services (“Video”), Comcast Business (also known as Business Software, promotional materials, proposals, quotes, rate Class) public view commercial cable television services (“Public information, discount information, subscriber information, View Video”) and Hospitality cable television services network upgrade information and schedules, network operation (“Hospitality Video”)(Video, Public View Video and Hospitality information (including without limitation information about Video collectively “Business Video”) (each a “Service” and outages and planned maintenance) and invoices, as well as the collectively “Services”). parties’ communications regarding such items. Customer-Provided Equipment: Any and all facilities, The terms and conditions in the “GENERAL TERMS AND equipment or devices supplied by Customer for use in connection CONDITIONS” section below are applicable to all Services. with the Services. Additional terms and conditions apply to the Video, Internet and the Voice Service and should be reviewed in either the Licensed Software: Computer software or code provided by “ADDITIONAL TERMS APPLICABLE TO INTERNET Comcast or required to use the Services, including without SERVICE” section, “ADDITIONAL TERMS APPLICABLE limitation, associated documentation, and all updates thereto. TO VOICE SERVICE” section, the “ADDITIONAL TERMS Party: A reference to Comcast or the Customer; and in the APPLICABLE TO VIDEO SERVICE AND PUBLIC VIEW plural, a reference to both companies. VIDEO SERVICE” section, or the “ADDITIONAL TERMS APPLICABLE TO PUBLIC VIEW VIDEO SERVICE” Service(s): The Business Video, Internet, and Voice services section, as applicable. provided by Comcast to Customer described in one or more Service Order(s). All Services are for domestic U.S., commercial, GENERAL TERMS AND CONDITIONS non-residental use only. Services are subject to availability. ARTICLE 1. DEFINITIONS Service Commencement Date: The date(s) on which Comcast first makes Service available for use by Customer. A single Affiliate: Any entity that controls, is controlled by or is under Service Order containing multiple Service Locations or Services common control with Comcast. may have multiple Service Commencement Dates. Agreement: Consists of the Service Order Agreement executed Service Order: A request for Comcast to provide the Services to by Customer and accepted by Comcast, these Business Services Service Location(s) submitted by Customer to Comcast (a) on a Customer Terms and Conditions, the then current Product then-current Comcast form designated for that purpose or (b) if Specific Attached for each applicable ordered service (“PSA”), available, through a Comcast electronic or verbal order and each Service Order accepted by Comcast under the processing system designated for that purpose. Customer’s first Agreement. Service Order is included as part of the Service Order Agreement. Comcast: The operating company subsidiary of Comcast Service Order Agreement: The agreement under which all Corporation that owns and/or operates the cable television system Service Orders are submitted to Comcast. in your area and/or the subsidiary that is the Comcast Voice Service provider. Service Location(s): The Customer location(s) where Comcast provides the Services. For multi-tenant buildings, Service Comcast Equipment: Any and all facilities, equipment or Location shall mean the customer’s leased and/or owned business devices provided by Comcast or its authorized contractors at the space. Service Location(s) that are used to deliver any of the Services including, but not limited to, all terminals, wires, modems, lines, Service Term: The duration of time (commencing on the Service circuits, ports, routers, gateways, switches, channel service units, Commencement Date) for which Services are ordered, as data service units, cabinets, and racks. Notwithstanding the specified in a Service Order. above, inside telephone wiring, whether or not installed by Tariff: A federal or state Comcast tariff and the successor 1 V. 28 documents of general applicability that replace such tariff in the its employees and authorized contractors will require free ingress event of detariffing. and egress into and out of the Service Location(s) in connection with the provision of Services. Upon reasonable notice from Termination Charges: Except as otherwise provided herein, Comcast, Customer shall provide all required access to Comcast charges that may be imposed by Comcast if, prior to the end of and its authorized personnel. the applicable Service Term (a) Comcast terminates Services for cause or (b) Customer terminates any Service without cause. 2.4 Service Commencement Date. Upon installation and Termination Charges with respect to each Service terminated connection of the necessary facilities and equipment to provide during the initial Service Term shall equal, in addition to all the Services, or in the case of Voice, the day Voice Service is amounts payable by Customer in accordance with Section 5.3, activated, Comcast shall notify Customer that the Services are seventy-five percent (75%) of the remaining monthly fees that available for use, and the date of such notice shall be called the would have been payable by Customer under the applicable “Service Commencement Date.” Any failure or refusal on the Service Order if the terminated Service(s) had been provided until part of Customer to be ready to receive the Services on the the end of the initial Service Term, and one hundred percent Service Commencement Date shall not relieve Customer of its (100%) of any amount paid by Comcast in connection with obligation to pay applicable Service charges. Custom Installation, as that term is defined in Section 2.7, for the 2.5 Comcast Equipment. Comcast Equipment is and shall Services provided by Comcast under such Service Order. remain the property of Comcast regardless of where installed within the Service Location(s), and shall not be considered a ARTICLE 1A. CHANGES TO THE AGREEMENT fixture or an addition to the land or the Service Location(s). At TERMS any time Comcast may remove or change Comcast Equipment in its sole discretion in connection with providing the Services. Comcast may change or modify the Agreement, and any related Customer shall not move, rearrange, disconnect, remove, attempt policies from time to time (“Revisions”) by posting such to repair, or otherwise tamper with any Comcast Equipment or Revisions to the Comcast Website. The Revisions are effective permit others to do so, and shall not use the Comcast Equipment upon posting to the Website. Customer will receive notice of the for any purpose other than that authorized by the Agreement. Revisions in the next applicable monthly invoice. Customer shall Comcast shall maintain Comcast Equipment in good operating have thirty (30) calendar days from the invoice notice of such condition during the term of this Agreement; provided, however, Revisions to provide Comcast with written notice that the that such maintenance shall be at Comcast’s expense only to the Revisions adversely affect Customer’s use of the Service(s). If extent that it is related to and/or resulting from the ordinary and after notice Comcast is able to verify such adverse effect but is proper use of the Comcast Equipment. Customer is responsible unable to reasonably mitigate the Revision’s impact on such for damage to, or loss of, Comcast Equipment caused by its acts Services, then Customer may terminate the impacted Service(s) or omissions, and its noncompliance with this Section, or by fire, without further obligation to Comcast beyond the termination theft or other casualty at the Service Location(s), unless caused date, including Termination Charges, if any. This shall be by the negligence or willful misconduct of Comcast. Customer Customer’s sole and exclusive remedy. agrees not to take any action that would directly or indirectly impair Comcast’s title to the Comcast Equipment,
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