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NEP SERVICE AGREEMENT (Last Modified Date: March 26, 2020)

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NEP SERVICE AGREEMENT (Last Modified Date: March 26, 2020) NEP SERVICE AGREEMENT (Last Modified Date: March 26, 2020) This Agreement (the “Agreement”) sets forth the terms and conditions under which NEP (“NEP”, “Company”, “us”, “we”, or “our”) provides and you, the customer (“Customer”, “you”, or “your”) uses any service offered by NEP (the “Services”), including, at your option, TV, Telephone and Internet Services. This Agreement specifies the general terms and conditions for all Services, and the specific terms and conditions related to each individual Service offering. PLEASE READ THIS AGREEMENT AND RELATED POLICY STATEMENTS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR SERVICES AND YOUR RIGHTS AND OBLIGATIONS RELATED TO THE SERVICES, AS WELL AS THE RIGHTS AND OBLIGATIONS OF NEP. YOUR CONTINUED USE OF A SERVICE CONFIRMS YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS YOUR ACCEPTANCE OF ANY AND ALL CHANGES THE COMPANY MAY MAKE TO THIS AGREEMENT OR ANY POLICY IN THE FUTURE. I. GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE OF THE AGREEMENT; CUSTOMER REPRESENTATIONS AND RESPONSIBILITIES a. You accept the terms and conditions of this Agreement and related Policy Statements (Acceptable Use Policy, Privacy Policy, Open Internet Policy, Battery Back-up Policy and DMCA Policy ) when you begin to and continue to use the Service. This Agreement will end when your Service is terminated by either you or NEP. If you do not agree to these terms, please terminate your Service immediately. This Agreement constitutes a binding contract between you and NEP. NEP is providing you with the Service in consideration of your agreement to abide by the terms and conditions of this Agreement and related Policy Statements. These general terms and conditions will apply to all the NEP services -- telephone, TV and Internet. BY USING NEP’S SERVICE, YOU REPRESENT THAT (1) YOU ARE AT LEAST EIGHTEEN YEARS OLD; AND (2) THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. b. You agree to provide any right-of-way required for the Company to provide Service at no cost to the Company. c. You agree that you are responsible for any use of any Service made through your account. d. Only you or a person specifically designated by you in writing may make any changes to or cancel your account. 1 e. You may not assign this Agreement, or resell or otherwise transfer any Service or change the use of any Service without the express advance written permission of NEP. The Company may assign its rights and obligations hereunder if the Company determines this action is necessary for any valid business purpose. 2. LOSS OF SERVICE DUE TO LOSS OF COMMERCIAL POWER Your Service may be provided to you over fiber optic cable; therefore, in a circumstance such as this, you are responsible for providing the electrical power required for the Service to function. IN THE EVENT OF A COMMERCIAL POWER FAILURE, NO SERVICE (TELEPHONE, TV OR INTERNET) WILL WORK UNLESS YOU PROVIDE BACK-UP POWER. For more information related to this topic, please refer to the document “Battery Back-up Policy” located on our website at http://www.nep.net/index.php/support/support-docs. 3. REVISIONS TO THIS AGREEMENT The current version this Agreement is available on our website at http://www.nep.net/index.php/policies_and_agreements. From time to time we may make revisions to this Agreement and the Policy Statements relating to the Services. Any such revisions and modifications shall be binding and effective immediately upon posting the revised Agreement on NEP’s website or by notifying you by e-mail or U. S. mail. If there are changes to the pricing, you will be notified at least 30 days prior to the change via mail or bill inserts or messages. In addition, you will receive 30 days prior notice of changes to TV lineups, and otherwise as required by law. 4. TERM Residential Services are provided on a month-to-month basis. Contracts are not offered or required for NEP Residential Services. NEP Business Services may be available on a contract basis. Please contact 1-866-785-3131 to discuss contract arrangements. 5. TERMINATION OF SERVICE You or NEP may terminate the Service at any time or for any reason in accordance with the terms of this Agreement and NEP Policies. NEP will not terminate your service unless you violate the terms of this Agreement or any Company Policy, of in the event of your insolvency, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, or other similar proceedings as initiated by or against you. YOU AGREE THAT IF NEP TERMINATES YOUR ACCOUNT AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR ANY NEP POLICY, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND NEP AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. 2 NEP reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation of this Agreement, its predecessors or successor Agreements, or a NEP Policy, or the application of a person acting on behalf of someone whose account has been canceled for a violation. NEP reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation. 6. CUSTOMER CONTACT You agree that NEP may contact you, and you consent to such contact, via e-mail, or via the wireline or wireless phone number you provided to NEP, for information purposes, billing or non-payment purposes, or any other non-marketing business reason via live voice, text message or automated techniques such as automated dialing or recorded/artificial voice messages. By providing us with a telephone number, you represent that you are either the subscriber or regular user of the telephone number. You further agree to notify us immediately if any telephone number you provide to us is no longer used by you or service to that number is discontinued. 7. NOTIFICATION AND NOTICES You agree to promptly notify NEP when you want to make changes to your account or Services or if your contact or personal information changes including your name, address, telephone number, e-mail address or other pertinent personal or account information. You also agree that it is your responsibility to notify NEP if you want to terminate the Services by contacting us at 1-866-785-3131. You agree that your failure to maintain updated and accurate account information may be cause for NEP to terminate your account. You agree that NEP may distribute information via e-mails, in-browser notifications, or other reasonable forms of communications on an ad hoc basis. NEP intends that these announcements will be predominantly informative in nature. 8. BILLING, CHARGES and PAYMENTS a. Billing You will be billed for the Service at the beginning of each month, and should receive the bill around the 5th day of each month. b. Payment Except as otherwise permitted under applicable law, you agree that you will pay your bill by check, credit or debit card, electronic funds transfer or any such other method that may be offered by the Company (see information regarding AutoBill Direct Payment located on our website at http://www.nep.net/index.php/policies_and_agreements. 3 The outstanding balance is due in full each month. c. Payment Options You may pay your bill via cash, check or credit card in-person in our office at 720 Main Street, Forest City, PA 18421 Monday – Friday from 8:00AM – 5:00PM EST. You can also send payment by check through the U.S. mail or through auto payment arrangements including ACH debit bank payments or auto credit card payments. Please call our office at 1-866-785-3131 for more information related to our payment options. d. Non-Payment If you do not make your payment on time when the balance is due, your account is considered delinquent. When your account is in a delinquent status, the following actions may be taken: i. Late Fees If we do not receive your full payment by the due date, we may charge you a late fee of 1.5% per month on any unpaid balance. ii. Suspension / Termination of Service If your account is a delinquent state, on or around the 3rd of each month, you will receive a call reminding you that your bill is past due. One day after this notification call, we will send out written notification stating that your account has an outstanding balance and it must be paid in full. Approximately 7 days after written notification is sent, if your outstanding balance has not been paid, your services will be suspended. Approximately 10 days after suspension of your Service, if your outstanding account balance has not been paid in full, your account will be terminated. Approximately 31 days after suspension, if the suspended account has not been paid in full, your account information will be sent to a collection agency. 9. EQUIPMENT We do not guarantee that the service will work correctly if you access the Service with equipment other than equipment authorized or provided by NEP. We have no responsibility for the operation, support, repair or maintenance of any third party equipment you use in accessing or using the service. You agree that the ownership of the equipment provided by NEP in the delivery of the Service shall remain with the Company. From time to time, it may be necessary for the Company to update or replace the Company-provided equipment, and we will do so at no cost to you unless the equipment is damaged due to misuse, abuse, or intentional damage.
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