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(A) Bills for service will be rendered monthly at intervals of approximately 30 days and are payable at the office of Lebanon Utilities. Bills will be subject to a late payment charge when not paid within 17 days following the mailing of the bill. When the seventeenth day falls on Sunday or on any legal holiday, the first business day thereafter shall be added to the 17-day period.
(B) Failure to receive a bill shall not entitle the customer to pay the bill after the designated due date has passed. Upon request, the Telecommunications Division will inform the customer of the approximate date on which the customer should receive the bill each month and, if the bill is lost, the Telecommunications Division will issue a duplicate.
(C) When the Telecommunications Division is required to re-process a check rendered for payment of a customer’s bill due to non-sufficient funds, a returned check fee shall be added to customer’s billing.
(Ord. 05-07, passed 5-23-2005)
The customer shall pay all taxes, fees, charges or impositions which may be levied by any governmental authority on the service and facilities which may be provided, including taxes, fees, charges or impositions which may be imposed after the date of any contractual arrangement between customer and the Telecommunications Division, and further agrees that the Telecommunications Division may include such amounts in its billings to customer for services.
(Ord. 05-07, passed 5-23-2005)
The Telecommunications Division may refuse or discontinue service to customer under the following conditions:
(A) For failure to pay any amounts owed to the Telecommunications Division when due;
(B) For noncompliance with or violation of any state, municipal or federal law, ordinance or regulation;
(C) For use of service for any other property or purpose other than as described in the contract between customer and the Telecommunications Division;
(D) For neglect or refusal to provide reasonable access to the Telecommunications Division or its agents for the purpose of inspection and maintenance of equipment owned by the Telecommunications Division;
(E) For violation of any of these terms and conditions of service or a term set forth in the contract between customer and the Telecommunications Division;
(F) For use of equipment in a manner as to adversely affect the equipment of the Telecommunications Division or its services to others;
(G) For tampering with equipment owned by the Telecommunications Division; and
(H) For unauthorized or fraudulent use of service.
(Ord. 05-07, passed 5-23-2005)
The Telecommunications Division shall use reasonable efforts to maintain the facilities and equipment that it furnishes to the customer. The Telecommunications Division will, at all times, endeavor to provide regular and uninterrupted service, but does not guarantee against variations in service characteristics or interruptions in service, occasioned by acts of God, orders of public authorities, electric outages, fires, strikes, casualty, and necessity for making repairs or replacements of the Telecommunications Division’s facilities, or any other causes not within the reasonable control of the Telecommunications Division. The Telecommunications Division will endeavor to respond promptly to the customer’s location and restore any interruption of the services as soon as practicable after the Telecommunications Division receives notice from customer of the service interruption. Access to Telecommunications Division equipment on customer’s property may be required to restore service.
(Ord. 05-07, passed 5-23-2005)
The customer will not, nor will customer permit others, to rearrange, disconnect, remove and attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Telecommunications Division, except upon prior written consent. The Telecommunications Division shall not be responsible for the installation, testing, operation, maintenance, repair and replacement of any customer-provided equipment required for the customer’s interconnection with or use of the services. The customer is responsible for ensuring that customer-provided equipment is compatible with the Telecommunications Division’s equipment and facilities. The Telecommunications Division will provide the customer with any required information and reasonable technical assistance to facilitate the compatibility. The responsibility of the Telecommunications Division shall be limited to the furnishing, operation and maintenance of facilities and equipment furnished by the Telecommunications Division for the service(s) outlined in the contract between the customer and the Telecommunications Division. It is understood that the Telecommunications Division may provide assistance beyond the Telecommunications Division-owned facilities as a matter of customer service, but that the Telecommunications Division is not required to do so and assumes no responsibility for other facilities or equipment. The customer is responsible for any damage to the Telecommunications Division equipment, unless it is determined to be caused by improper Telecommunications Division installation. The customer will be billed the applicable fees to cover the cost of any necessary repairs.
(Ord. 05-07, passed 5-23-2005; Ord. 08-09, passed 8-25-2008)
The customer shall not use the services or facilities provided by the Telecommunications Division for any unlawful or illegal purpose and agrees to indemnify and hold the Telecommunications Division harmless from any loss or damage arising from use.
(Ord. 05-07, passed 5-23-2005) Penalty, see § 10.99
(A) Except as expressly provided in a contractual agreement between customer and the Telecommunications Division, the Telecommunications Division makes no warranties, expressed or implied, relating to its services and facilities and expressly disclaims any implied warranties or warranties imposed by law, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In no event shall the Telecommunications Division be liable for any indirect, special, incidental, consequential or exemplary damages relating to or arising from the provision of services to customer, including, without limitation, damages based on loss of revenues, profits or business opportunities, whether or not the Telecommunications Division has or should have had any knowledge, actual or constructive, that the damages might be incurred.
(B) The customer agrees to indemnify and hold the Telecommunications Division harmless for any loss or expense, including attorney’s fees, arising from damage to equipment or injury to persons related to the services and facilities provided by the Telecommunications Division, except any loss, damage or expense arising directly from the act or omission of the Telecommunications Division.
(Ord. 05-07, passed 5-23-2005)
Upon the customer’s failure to pay any sum due, the Telecommunications Division shall be entitled use all collection efforts to collect the sum. If suit is required for the collection and/or to enforce the terms of a contractual agreement between the customer and the Telecommunications Division, the Telecommunications Division also shall be entitled to collect all costs of collection, including reasonable attorney’s fees.
(Ord. 05-07, passed 5-23-2005)
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