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.

 

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 $25 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 $30 per voice line will 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 $75 per voice line will 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).

 

 

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 auto-dialers, 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 non-bundled 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.

 

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.  

 

 

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 third-party 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 non-regulated 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.

 

 

Warranties/Limitations of Liability and Service Guarantees
For standard terms and conditions of service and specific terms relating to Warranties/Limitations and Service Guarantees please refer to Terms and Conditions.