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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)
The following rates and charges are hereby adopted as and for the rates and charges to be used by the Telecommunications Division when charging commercial or residential customers for the custom installation of fiber optic facilities:
(A) Installation fee. Determined by the Telecommunications Division on a time and material basis impacted by prevailing market price which may fluctuate as custom installation is required for both residential and commercial customers;
(B) Bandwidth charge. At prevailing market price as determined by the Telecommunications Division at the time of the sale;
(C) Labor rate. As determined by the Telecommunications Division;
(D) Equipment replacement. Any equipment damaged by the user will be billed at replacement cost; and
(E) Other.
(1) Additional email accounts. A monthly fee of $5 for additional email accounts in blocks of five above the amount provided at no charge (five residential and ten commercial).
(2) Block of static IP addresses. A monthly charge of $20 for a block of eight static IP addresses (five public).
(3) Internet service call. Will consist of a trip fee of $30 and for labor at $60 per hour with a one hour minimum for repairs to damaged Telecommunications Division equipment, or when a technician is dispatched for service and the problem is not caused by the Telecommunications Division’s equipment for facilities. Also, the Telecommunications Division, at its discretion may provide on-site service for customer-owned equipment if requested by the customer at the aforementioned rate. Upgrades to or replacement of undamaged but defective or malfunctioning Telecommunications Division-provided equipment does not involve a labor charge.
(3) Other service. If requested by the customer, other service that is deemed feasible and appropriate by the Telecommunications Division will be billed at prevailing market rates,
(Ord. 07-11, passed 8-27-2007; Ord. 08-09, passed 8-25-2008)
The following rates and charges are hereby adopted as for the rates and charges to be used by the Telecommunications Division when charging commercial or residential customers for co-location space in the Telecommunication Division’s server room:
(A) Space charge. At prevailing market price as determined by the Telecommunications Division at the time of sale;
(B) Bandwidth charge. At prevailing market price as determined by the Telecommunications Division at the time of sale; and
(C) Other. If requested by the customer, other service associated with co-location space that is deemed feasible and appropriate by the Telecommunications Division will be billed at prevailing market rates.
(Ord. 08-09, passed 8-25-2008)