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Service Agreement Terms and Conditions
QoS Telecom Services: All services ordered by Customer from QoS Telecom shall be subject to QoS Telecom’s acceptance of the Service Agreement listing the services and fees associated with the requested service. All product and technical descriptions may be viewed at: www.qostelecom.com. Optimum QoS Telecom services are subject to the following terms and conditions, including those documents identified below and included in these terms and conditions by reference. All QoS Telecom services are subject to availability and credit approval.
Term: The term (“Initial Service Term”) shall be the period of time listed on the Service Agreement. Upon expiration of the Initial Service Term, the term shall continue on a month-to-month basis. QoS Telecom may modify rates on 30 days notice during the month-to-month term.
Payment Terms: Customer will be responsible for the rates listed on the Service Agreement and all applicable local, state and federal taxes, charges and assessments and other applicable charges. Once the service is delivered to Customer and ready for use (“Start of Service Date”) billing and the service term shall commence. Payment for services is due within thirty (30) days of the invoice date. Failure to pay may result in discontinuance of service. In addition, Customer shall be subject to a finance charge of 1.5% per month on late payments over 60 days
New Build: A “New Build” is a site to which service originates or terminates and to which QoS Telecom must build or construct new facilities or equipment in order to provide service. New Build installation shall be subject to, including but not limited to: Completion of Site Survey, Municipal Permits, Right-of-Way Pole licensing, Landlord Consent, Facility/Property access, and conditions outside of QoS Telecom’s control.
Early Termination - New Build: If Customer terminates any service prior to the installation date, Customer shall reimburse QoS Telecom for all reasonable direct costs incurred by QoS Telecom prior to Customer cancellation of such Service, including any Network Extension charges listed on the Service Agreement form. In addition, Customer shall be liable for: (a) 100% of the monthly recurring charges times the number of months remaining in the Initial Service Term if the Customer terminates in the first year of the Initial Service Term; (b) 75% of the monthly recurring charges times the number of months remaining in the Initial Service Term if the Customer terminates in the second year of the Initial Service Term; or (c) if Customer terminates after the end of the second year of the Initial Service Term, 50% of the monthly recurring charges times the number of months remaining in the Initial Service Term.
Early Termination - Non-New Build: If Customer terminates any service prior to the Start of Service Date, Customer shall pay the Installation Fees listed on the Service Agreement. If Customer terminates any service prior to the expiration of the Initial Service Term after the Start of Service Date, Customer shall pay a termination charge equal to the applicable monthly recurring charges for the balance of the 12 month minimum service period, or in the event that Customer has agreed to an Initial Service Term in excess of one year, Customer shall be liable for a termination charge equal to 50% of the monthly recurring that charges for the remainder of the Initial Service Term.
Service Level Agreement: The Service Level Agreement (“SLA”) for specific QoS Telecom Services sets forth the Customer’s sole remedies for any claim relating to this service, including any failure to meet any guarantee set forth in the SLA, and is incorporated into and made part of this Agreement.
Acceptable Use Policy: Use of QoS Telecom services must comply with the most current version of the QoS Telecom Acceptable Use Policy which is incorporated into and made part of this Agreement.
Privacy Practices: Optimum QoS Telecom is committed to respecting and protecting the privacy of our Customers. Optimum QoS Telecom's Privacy Policy is incorporated along with the Security Procedures.
Additional Terms and Conditions: Service purchased pursuant to this Service Agreement, specifically QoS Telecom Internet Services, Remote E-Link, Internet/Voice Bundle w/IP Trunking and any other product not currently offered pursuant to either the state tariffs filed by QoS Telecom (or its affiliates as appropriate) or the Regulations and Schedule of Charges posted on QoS Telecom’s Website, are subject to the terms and conditions found under the “Additional Terms and Conditions for Non-Tariffed Services” set forth at: Additional Terms and Conditions for Non-Tariffed Services and are incorporated into and made part of this Agreement.
All other services, including but not limited to the voice portion of the Internet Voice Bundle and the voice portion of Remote E-Link, also are subject to the terms and conditions set forth in the state tariffs filed by QoS Telecom (or its affiliates as appropriate) and QoS Telecom's Regulations and Schedule of Charges. The voice portion of the Internet Voice Bundle w/IP Voice Trunk is subject to QoS Telecom's Regulations and Schedule of Charges. The state tariffs and the Regulations and Schedule of Charges are set forth at:
Regulations and Schedule of Charges
New Jersey tariff
New York tariff
Connecticut tariff
Use of our service constitutes acceptance of the above Terms and Conditions.