Letter of Service Acceptance - The
Letter of Agency (LOA) form signals your willingness to enter into an agreement
with DATAVO for services that DATAVO, either directly or through 3rd
parties, will provide you, and with the terms and conditions covered in the LOA
– henceforth “the Agreement”. If customer chooses to terminate the Agreement
unilaterally prior to the commencement of services or thereafter, DATAVO
reserves the right to charge any early termination fees specified in the
Agreement. If cancellation occurs prior to the commencement of services, these
termination charges cover the full term of the service irrespective of whether
services have commenced (24 months).
Installation, Quality of Service and
Commencement of Services - DATAVO will make best efforts to contact customer
in order to secure access to the customer’s premise and/or common areas in order
to schedule any preliminary testing (prequalification) and full installation.
Customer agrees not to unreasonably withhold entrance to customer’s premises in
order for DATAVO to complete its work. The dates when prequalification and
service installation commences may be the same or different subject to the
nature of the service being installed and the availability of the necessary 3rd
party services required to carry out this work. When customer is not presently
receiving services – i.e. when a new installation is to be provisioned - or when
customer is migrating from AT&T, DATAVO will aim to complete installation and
commence service provisioning between four and six weeks following from customer
signature of the LOA. When customer is receiving service from a different third
party communications service provider, service provisioning may be delayed by an
additional two weeks. In all cases DATAVO will work with customer towards
ensuring the installation is completed as quickly as is practical. DATAVO has no
control nor takes any responsibility for the configuration of customer’s
equipment beyond the “demarcation point”. The “demarcation point” for data
services provided by DATAVO is the Ethernet RJ-45 female connector on DATAVO’s
customer premises equipment (CPE). Customer is responsible for all cabling and
equipment/configuration on the customer’s Local Area Network (LAN) connecting to
the demarcation point. For voice services DATAVO will make best efforts to
ensure that voice services are delivered and working to customer’s FXO RJ11
telephone or PBX interfaces. DATAVO assumes no responsibility or liability for
customer’s internal wiring or for the correct functioning of CPE (telephones,
PBXs or other voice related equipment). The nature of the services provided by
DATAVO require customer provides their own IT qualified personnel in order to
ensure customer’s CPE is configured to work with DATAVO services. DATAVO will
liaise with customer in order to ensure that customer’s IT personnel are
available at installation time in order that the transition of customer’s
services to DATAVO’s services can be completed. DATAVO accepts no liability for
any service downtime resulting for the transition of services to DATAVO nor for
services outages resulting from customer’s CPE not being configured by customer
correctly for interfacing with DATAVO services.
Service Features - Internet access
services data rates are subject to variations due to access rates provided by
third-party web services, data impairments, congestion and/or other internet
characteristics not under the control of DATAVO, transmission impairments in the
transmission systems connecting customer’s premise to DATAVO’s network, the
customer’s local area network (LAN) and/or terminals connected to it. Internet
data services access speeds specified in the Agreement will therefore vary
“up-to” the rate specified in the Agreement. DATAVO does not guarantee these
rates nor accepts any liability in respect to any damages to customer’s business
resulting from reduced performance or outages associated with the services it
provides to customer. Services provided by DATAVO are “bundled” in order to
provide customer with competitive services pricing. This means that services are
bundled both in pricing and in the transmission systems used for their delivery.
This can result in use of one service having an undesirable effect on another of
the services bundled. DATAVO’s network is engineered to minimize the interaction
between services, nevertheless services with a “voice” content have priority
quality of service engineered and can result in data services quality of service
being affected when both services are provided using the same bundled service.
All of DATAVO’s bundled services include (as a minimum) one telephone line
capable of sustaining emergency services in cases of power failure. Voice
services provided through this one-lifeline is line-powered and thus unaffected
by power outages. It is customer’s responsibility to ensure this lifeline is
connected to the correct terminal at customer’s premise so that it is available
for voice emergency calls.
Billing and Collection - The date
services are installed is the “Service Start Date” for billing purposes. Monthly
Recurring Charges (MRCs) are billed in advance of service provision and usage
charges are charged in arrears. Customer will be sent its first invoice within
10 days of the Service Start Date. This will include any Non-Recurring Charges
payable by customer as well as the MRC for the first month of service. Customer
will have 20 days to pay this invoice. All monthly bills thereafter will
maintain the same billing cycle dates. If payment is not received by due date
plus 4 days, a late fee of $5 will be added. A “Returned Payment “check fee of
$35 will apply for each check returned for non-sufficient funds. If the bill is
30 days past payment due date, service may be suspended. For the service to be
restored a charge of up to $30 per voice line may be levied. If the bill remains
unpaid for a further 9 days beyond Suspension, the service may be disconnected.
For the service to be reconnected a charge of up to $75 per voice line may be
levied. In all cases all charges must be paid before service is restored or
reconnected. In addition, a security deposit may be required and customers may
need to be provided with new phone number(s).
For customers who are required to sign up with DATAVO Auto Pay your monthly
statement balance will be deducted from your bank account, debit or credit card
(Visa, MasterCard and Discover accepted) automatically each month. The
aforementioned late charges and fees will apply should we be unable to process
your payment with the credit card information on file.
Usage, Fees and Limitations -
Unlimited local, extended local or long-distance (LD) calling services applies
only to direct-dialed, live voice calls and exclude use by customers of
autodialers, Internet access, call center, broadcast fax, and any use not
consistent with typical residential or business voice services. Calls which at
the sole discretion of DATAVO, do not comply with the above limitation, are
subject to per minute charges as per DATAVO’s nonbundled or incremental charges.
Unlimited LD plans are not available for use with PRIs, and are not for use to
transit traffic originating outside of customer’s address of record. All
Services are not for use by companies engaged in the provision/resale of voice,
data or other form of telecommunications/VAS service. Local calls, international
calls terminating on cell phones, and calls to Mexico are billed in full minute
increments. All domestic long distance calls are billed in 30 second minimum and
6 second increments. LD included in package applies to calls terminating in the
48 contiguous U.S. States. Calls to HI, AK, Puerto Rico & U.S. Virgin Islands
are billed separately. Long Distance usage minutes exceeding the monthly
allotment of bundled minutes will be billed at stated Agreement per minute
rates. DATAVO reserves the right to modify international calling rate charges as
it finds necessary. DATAVO posts its international calling rates on its
corporate website. You can find these at International Rates.
Managed WIFI - DATAVO will provide
customer support required in the provisioning and management of the WIFI
Wireless access point (WAP). This Managed WIFI service is restricted to the WAP
and does not cover the implementation of WIFI capable customer’s WIFI stations
(PCs, Laptops and other WIFI enabled devices). The availability of WIFI signals
to WIFI enabled stations is subject to transmission impairments, distance
limitations and the performance of the customer supplied WIFI stations. DATAVO
provides no guarantee over the transmission performance of its WIFI service.
Term Commitment & Penalties - The
term of the agreement will be month-to-month commencing on the installation
date. The customer will be charged previously waived installation fees and
equipment fees, not including taxes, should the customer request to disconnect
or port away from DATAVO within the first 180 days of service. After disconnect or port completion
the customer will be charged the cost of the installed equipment used to provide
voice and/or data services only the closing invoice until the equipment has been
returned to DATAVO, ATTN: CPE Return Department, 6855 Tujunga Avenue, North
Hollywood, CA 91605. DATAVO will
credit the customer’s credit card upon receipt and processing of the equipment.
Limited Time $9.99/month DSL Promotion
- This promotion is available to customers purchasing new DATAVO High Speed DSL
service. The promotion will provide internet over DSL with speeds up to 5.0 Mbps
for $9.99 per month for the first 12 months of a 2 year term commencing on the
installation date. After 12 months existing standard rates apply ($35.00/month)
unless canceled by customer. Promotional rates may no longer apply if customer
upgrades or downgrades their DATAVO internet service during term. Requires new
or existing DATAVO phone service, available to business customers only and taxes
and other charges apply. Speed claim(s) represent maximum downstream and/or
upstream speed capabilities which may vary and are not guaranteed. DSL
modem/router required and will be provided by the DATAVO installation
technician. The customer will be charged previously waived installation fees
and equipment fees, not taxes should the customer request to port away from
DATAVO any time within the 2 year term. After disconnecting services from
DATAVO the customer will be charged the cost of the installed equipment used to
provide voice and/or data services one the closing invoice until the equipment
has been returned to DATAVO. Offer expires 4/6/2012.
Advertised services and internet speed options not available in all areas.
Offers may be modified or discontinued at any time without notice.
Equipment - Equipment provided by
DATAVO remains the property of DATAVO and must be returned within 7 business
days upon termination of service. Failure to return equipment will result in a
charge as per the Agreement.
Payment of Charges - Customer is
responsible for the service, and payment of all charges associated with the
service regardless of who uses the service. These charges include, but are not
limited to, monthly service fees, long distance charges, directory assistance
and thirdparty charges, repair, transfer and change charges, number portability,
End-User-Common Line charges and Federal, State and Local government taxes and
fees.
Inside Wiring/Service Agreement -
DATAVO is not responsible for problems arising from wiring issues between the
Network Interface Demarcation (NID) and the customer owned equipment. DATAVO can
provide, at customer request, a maintenance technician – please call DATAVO
Customer Service Repair department for further information. Inside Wiring
Service shall mean the time and materials for the installation of wiring, jacks
and equipment at the End User’s premises on the End User’s side of the network
interface. The network interface is placed at the demarcation point, which
separates the regulated access service from the nonregulated Inside Wiring
Service. After the Inside wire or equipment is installed, the End User customer
own the wire, cable, and/or jack and/or equipment installed on the End User’s
side of the network interface. Inside Wire Service and equipment installations
are provided on an $85.00 an hour plus materials. The Inside Wire and Equipment
Installation Service is a nonregulated service and is provided pursuant to the
terms and conditions set forth herein, and not pursuant to any tariff or other
contract between the Customer and DATAVO. It is not part of the Access Service.
Credit/Deposit Requirements -
Customer authorizes DATAVO to perform a credit check. DATAVO does not require
customers to pay a deposit prior to activation unless customer does not meet
credit requirements. DATAVO reserves the right to require a deposit from a
customer who consistently does not pay the monthly service charges in a timely
manner.
No Warranties/Limitations of Liability
- DATAVO makes no warranty of any kind whatsoever, express or implied, with
respect to services provided. All express or implied warranties include those
related to merchant ability or fitness for a particular purpose or quality,
design, condition, capacity, suitability, interference, infringement, or
durability, are hereby disclaimed by DATAVO, to the extent permitted by law, and
expressively waived by you. DATAVO shall not have any liability obligation to
you or any other party, either in contact or in tort, for actual, punitive,
exemplary, special, consequential, or indirect damages or any kind, including,
but not limited to, claims or damages for loss of profits, loss of data, loss of
use or interruption of use of your computer system or any software thereon or
any business conducted thereon or for the reconstruction or recovery of any lost
data or software or economic losses of any kind incurred by you or any other
third party directly or indirectly resulting from or related to any service,
equipment or materials described herein or provided hereunder, whether or not
caused by the negligence of DATAVO, to the fullest the same may be disclaimed by
law.
Service Guarantee - Notwithstanding
anything to the contrary contained in this Agreement, Customer may terminate
this Agreement without any further obligation if the Services provided by DATAVO
are not substantially performing up to industry standards during the first 60
days the service are available for Customer’s use. If Customer elects to
terminate the Agreement pursuant to this guarantee, DATAVO will Reimburse
Customer for all reasonable costs incurred by Customer to re-establish service
with previous service provider not to exceed the amount that Customer paid to
DATAVO for Installation of services. This Service Guarantee only applies if (a)
the cause of the Service Deficiency was within DATAVO’s reasonable control; (b)
Customer ordered at least the amount of Services recommended by DATAVO to meet
Customer’s traffic volumes; and (c) DATAVO fails to correct the Service
deficiency within 15 days after receiving written notice from Customer of the
deficiency given during the 60 day period