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Business Services Customer Terms and Conditions COMCAST BUSINESS SERVICES BUSINESS SERVICES CUSTOMER TERMS AND Comcast Website or Website: The Comcast website where the CONDITIONS General Terms and Conditions, PSAs and other Comcast security and privacy policies applicable to the Agreement will The Customer named on the Service Order Agreement and be posted. The current URL for the Website is Comcast agree that the terms and conditions on the Service http://business.comcast.com/smb/terms-conditions. Comcast Order Agreement and these terms and conditions constitute may update the Website documents and/or URL from time to the agreement (the “Agreement”) for the provision of the time. Services selected by Customer and designated on a Service Order. Services may include Comcast Business (also known Confidential Information: All information regarding either as Business Class) and Hospitality commercial high-speed party’s business which has been marked or is otherwise internet services, including private and public wi-fi services communicated as being “proprietary” or “confidential.” or (“Internet”), Comcast Business (also known as Business which reasonably should be known by the receiving party to be Class) and Hospitality commercial digital voice services, proprietary or confidential information. Without limiting the including enhanced voice (including Business VoiceEdge™), generality of the foregoing, Confidential Information shall toll free, remote call forwarding and trunk services (“Voice”), include, even if not marked, the Agreement, all Licensed Comcast Business (also known as Business Class) commercial Software, promotional materials, proposals, quotes, rate cable television services (“Video”), Comcast Business (also information, discount information, subscriber information, known as Business Class) public view commercial cable network upgrade information and schedules, network operation television services (“Public View Video”) and Hospitality cable information (including without limitation information about television services (“Hospitality Video”) (each a “Service” and outages and planned maintenance) and invoices, as well as the collectively “Services”). parties’ communications regarding such items. The terms and conditions in the “GENERAL TERMS AND Customer-Provided Equipment: Any and all facilities, CONDITIONS” section below are applicable to all Services. equipment or devices supplied by Customer for use in Additional terms and conditions apply to the Video, Internet connection with the Services. 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 APPLICABLE TO VIDEO SERVICE AND PUBLIC VIEW Party: A reference to Comcast or the Customer; and in the VIDEO SERVICE” section, or the “ADDITIONAL TERMS plural, a reference to both companies. APPLICABLE TO PUBLIC VIEW VIDEO SERVICE” Service(s): The Public View Video, Video, Internet, Toll Free section, as applicable. Trunk and Voice services provided by Comcast to Customer described in one or more Service Order(s). All Services are for GENERAL TERMS AND CONDITIONS commercial use only, except as otherwise expressly permitted ARTICLE 1. DEFINITIONS herein. Affiliate: Any entity that controls, is controlled by or is under Service Commencement Date: The date(s) on which Comcast common control with Comcast. first makes Service available for use by Customer. A single Service Order containing multiple Service Locations or Services Agreement: Consists of the Service Order Agreement executed may have multiple Service Commencement Dates. by Customer and accepted by Comcast, these Business Services Customer Terms and Conditions, the then current Product Service Order: A request for Comcast to provide the Services Specific Attached for each applicable ordered service (“PSA”), to Service Location(s) submitted by Customer to Comcast (a) on and each Service Order accepted by Comcast under the a then-current Comcast form designated for that purpose or (b) Agreement. if available, through a Comcast electronic or verbal order processing system designated for that purpose. Customer’s first Comcast: The operating company subsidiary of Comcast Service Order is included as part of the Service Order Corporation that owns and/or operates the cable television Agreement. system in your area and/or the subsidiary that is the Comcast Voice Service provider. Service Order Agreement: The agreement under which all Service Orders are submitted to Comcast. Comcast Equipment: Any and all facilities, equipment or devices provided by Comcast or its authorized contractors at the Service Location(s): The Customer location(s) where Comcast Service Location(s) that are used to deliver any of the Services provides the Services. including, but not limited to, all terminals, wires, modems, lines, Service Term: The duration of time (commencing on the circuits, ports, routers, gateways, switches, channel service Service Commencement Date) for which Services are ordered, units, data service units, cabinets, and racks. Notwithstanding as specified in a Service Order. the above, inside telephone wiring, whether or not installed by Comcast, shall not be considered Comcast Equipment. Tariff: A federal or state Comcast tariff and the successor documents of general applicability that replace such tariff in the 1 V. 23 COMCAST BUSINESS SERVICES event of detariffing. Service Location(s). Comcast and its employees and authorized contractors will require free ingress and egress into and out of Termination Charges: Charges that may be imposed by the Service Location(s) in connection with the provision of Comcast if, prior to the end of the applicable Service Term (a) Services. Upon reasonable notice from Comcast, Customer Comcast terminates Services for cause or (b) Customer shall provide all required access to Comcast and its authorized terminates any Service without cause. Termination Charges with personnel. respect to each Service terminated during the initial Service Term shall equal, in addition to all amounts payable by 2.4 Service Commencement Date. Upon installation and Customer in accordance with Section 5.3, seventy-five percent connection of the necessary facilities and equipment to provide (75%) of the remaining monthly fees that would have been the Services, or in the case of Voice, the day Voice Service is payable by Customer under the applicable Service Order if the activated, Comcast shall notify Customer that the Services are terminated Service(s) had been provided until the end of the available for use, and the date of such notice shall be called the initial Service Term, and one hundred percent (100%) of any “Service Commencement Date.” Any failure or refusal on the amount paid by Comcast in connection with Custom part of Customer to be ready to receive the Services on the Installation, as that term is defined in Section 2.7, for the Service Commencement Date shall not relieve Customer of its Services provided by Comcast under such Service Order. obligation to pay applicable Service charges. 2.5 Comcast Equipment. Comcast Equipment is and shall ARTICLE 1A. CHANGES TO THE AGREEMENT remain the property of Comcast regardless of where installed TERMS within the Service Location(s), and shall not be considered a fixture or an addition to the land or the Service Location(s). At Comcast may change or modify the Agreement, and any related any time Comcast may remove or change Comcast Equipment policies from time to time (“Revisions”) by posting such in its sole discretion in connection with providing the Services. Revisions to the Comcast Website. The Revisions are effective Customer shall not move, rearrange, disconnect, remove, upon posting to the Website. Customer will receive notice of attempt to repair, or otherwise tamper with any Comcast the Revisions in the next applicable monthly invoice. Customer Equipment or permit others to do so, and shall not use the shall have thirty (30) calendar days from the invoice notice of Comcast Equipment for any purpose other than that authorized such Revisions to provide Comcast with written notice that the by the Agreement. Comcast shall maintain Comcast Equipment Revisions adversely affect Customer’s use of the Service(s). If in good operating condition during the term of this Agreement; after notice Comcast is able to verify such adverse affect but is provided, however, that such maintenance shall be at Comcast’s unable to reasonably mitigate the Revision’s impact on such expense only to the extent that it is related to and/or resulting Services, then Customer may terminate the impacted Service(s) from the ordinary and proper use of the Comcast Equipment. without further obligation to Comcast beyond the termination Customer is responsible for damage to, or loss of, Comcast date, including Termination Charges, if any. This shall be Equipment caused by its acts or omissions, and its Customer’s sole and exclusive remedy. noncompliance with this Section, or by fire, theft or other casualty at the Service Location(s), unless caused by the ARTICLE 2. DELIVERY OF SERVICES negligence or willful misconduct of Comcast. Customer agrees 2.1 Orders. A Service Order must be completed to initiate not to take any action that would directly or indirectly impair Service to a Service Location(s). A Service Order shall
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