RCN Business Disclaimers

RCN Business Disclaimers

Payment Terms: (a) Customer shall pay for RCN services in accordance with applicable tariffs and this Agreement. RCN will invoice Customer for service one month in arrears for usage and one month in advance for other applicable charges. Customer shall pay each invoice, less charges disputed in accordance with this Agreement, within thirty (30) days of the invoice date. In the event Customer should fail to make any payment when due, Customer shall be liable to RCN for a late charge on all past due amounts at the compounded rate of one and one-half percent (1.5%) per month (or such lower rate that is then the maximum rate allowed by law). In the event that Customer is overdue on its payment obligations, RCN may, at its option, upon no less than five (5) days prior written notice to Customer, suspend the circuits, services and/or work being delivered under the Agreement until Customer’s account is current. All amounts due to RCN are due and payable without set off. Customer shall be responsible for all fees and expenses RCN incurs due to Customer’s action or inaction during installation of the ordered service (including, without limitation, third party fees assessed attributable to any order modification). RCN reserves the right to verify Customer’s creditworthiness as a condition of providing Service. RCN may, in its sole discretion, require assurance of payment from Customer, including the posting of a deposit.

(b) Should the Customer dispute any of the charges on its monthly invoice, it shall notify RCN of such disputed charges in writing no later than thirty (30) days after date of the invoice. Customer shall timely pay all amounts not in dispute. Any dispute notice shall set forth all details concerning the disputed charges and reasons for the dispute. RCN and Customer shall attempt in good faith to resolve any objection to the invoiced amount prior to the payment due date or, if the due date has already passed, within ten (10) days of Customer’s notice of dispute. If agreement cannot be resolved prior to the payment due date, Customer shall pay the invoiced amount minus the disputed amount on the due date of original invoice. If the dispute is subsequently resolved in favor of RCN, Customer shall pay all amounts agreed or found to be owing to RCN within thirty (30) days of the date of the reissued invoice. Payment shall not prejudice Customer’s right to dispute charges, so long as they are disputed in the manner and within the time specified in this section. Any credits resulting from the dispute will be reflected in a subsequent billing cycle.

Credits: In the event of a Service Outage, Customer shall be entitled to a credit for the prorated monthly recurring charges for the affected Service. A Service Outage occurs when the Customer experiences a complete loss of connectivity, and begins when RCN is notified or becomes aware of the failure, whichever occurs first. A Service Outage ends when the affected line and/or Service is fully operative. The total outage time is calculated by taking the difference between the start time and end time less any delay time associated with RCN’s inability to access the Customer or End User Premise. Credit Allowances do not apply to Service Outages: (i) caused by the negligence or acts of Customer and/or End User or its agents; (ii) due to failure of power at Customer or Customer’s End-user’s location; (iii) the failure or malfunction of non-RCN equipment or systems; (iv) circumstances or causes beyond the control of RCN or its agents; (v) during any period in which RCN is not given access to the Service Premises; or (vi) a Planned Service Outage, unscheduled Emergency Maintenance, or scheduled Maintenance. To be eligible for an Outage Credit, Customer must submit a request for credit in writing within sixty (60) days of the occurrence that includes the Trouble Ticket Number and Circuit ID or any claim for an allowance is waived. Unless otherwise specifically stated, Service Outages are not aggregated for purposes of determining the credit allowance. All Service Outage Credits are capped at 100% of the MRC for the applicable service or circuit for any given month. Credit allowances, if any, shall be deducted from the charges payable by Customer on a subsequent invoice. Equipment: RCN will respond to all requests for system repair and will repair or replace defective equipment at Customer’s business location. RCN is not responsible for the maintenance or repair of Customer provided equipment. A service charge may be imposed if damage to RCN equipment is due to negligent use or abuse by customer, or if no fault is discovered in RCN’s system or equipment. All equipment installed by RCN, including but not limited to converter(s), any security devices of amplification equipment and all remote control units provided to Customer by RCN shall at all times remain the property of RCN. Customer shall use reasonable care while in possession of RCN equipment, agrees not to tamper with RCN equipment, and shall return RCN’s property in good working condition upon termination of service. Taxes and Fees: Customer shall be responsible for any applicable federal, state or local use, excise, sales or other taxes, fees, assessments, including without limitation universal service assessments or similar amounts in connection with any service furnished to Customer. Customer shall pay all taxes directly to the taxing authority unless the taxing authority requires that RCN collect and remit payment, in which event Customer shall pay these amounts to RCN and RCN shall remit these amounts to the authority. If applicable, RCN will exempt Customer in accordance with law, effective on the date RCN receives a valid exemption certificate from Customer.

Termination for Cause: Either party may terminate this Agreement for Cause. Cause means a breach by the other party of any material provision of this Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within thirty (30) days after delivery of the breach notice. Termination by RCN: RCN may discontinue service and/or terminate this Agreement immediately upon notice to Customer if Customer provides false information to RCN regarding the Customer’s identity, creditworthiness or planned use of the Services. RCN may discontinue service immediately, without notice, if interruption of service is necessary to prevent or protect against fraud or otherwise protect RCN’s personnel, facilities or services.

Early Service Termination: If (a) Customer terminates this Agreement during the Initial Term for reasons other than Cause, or (b) RCN terminates this Agreement for Cause, then Customer will pay, within thirty (30) days after such termination, (i) all past due but unpaid charges and interest incurred through the date of termination, plus (ii) in the event Customer has contracted for a term 1 year or longer an amount equal to one hundred percent (100%) of the remaining monthly recurring charges that would have been incurred for the order service for the remainder of the Term, plus (iii) any disconnection, early cancellation or termination charges incurred and paid to third parties by RCN on behalf of Customer, plus (iv) any additional amount set forth in an applicable Service Order. The parties agree that the precise damages resulting from an early termination by Customer are difficult to ascertain, and the early termination fees are a reasonable estimate of anticipated actual damages and not a penalty.