These terms and conditions ("Agreement") shall govern each 360 Communications, LLC Service Order Form ("Order Form") executed by Customer and are hereby incorporated into each Order Form.
The initial term ("Initial Term") of this Agreement shall be in effect commencing on the Effective Date indicated on the Order Form and shall continue until the end of the Service Term as defined on the Order Form. After expiration of the Initial Term, this Agreement shall automatically renew on a 12 month basis ("Renewal Term") unless written notice is given by either party no sooner than ninety (90) days and at least thirty (30) days prior to the expiration of the Initial Term.
Provisioning of Service
360 Communications, LLC will provision services to the customer defined demarcation point, hereafter referred to as "DEMARC" depending on the terms specified on the Service Order Form, this "DEMARC" may or may not be located on customer premises but will always have the unified characteristic of being dedicated exclusively to a single customer. Customer understands that the provision of dedicated service indicates and acceptance that the internet is not dedicated and understands that while 360 Communications, LLC will make its best effort to assure the availability of bandwidth, due to the shared nature of the internet, 360 Communications, LLC can only make such contractual guaranteed up to and including the point at which we connect to our Provider’s and Peer’s Networks. 360 Communications, LLC will provide all equipment and installation services up to and including the actual customer "DEMARC" point, but will not be responsible for configuration beyond the "DEMARC."
Customer Equipment Configuration
It is understood that any configuration, including BGP router configurations are the sole responsibility of the customer. At its discretion 360 Communications, LLC may provide assistance to customers seeking to configure their equipment to utilize their purchased service; however, this help also comes with a disclaimer of liability for our actions in configurations. As such, the Customer understands and accepts that any configuration services are provided on a best-effort and unsupported basis.
The customer agrees to pay all fees and other charges incurred on the customer's account. Monthly service charges will be billed by 360 Communications, LLC each month on the same date as service was installed. Payment is due within 30 days of the invoice date.
Late Fees and Non-Payment
In the event that payment is not received within the 30 days in which it was invoiced, the account will accrue a late fee of 1.5% per month. If payment is not received within 45 days, service will be suspended and your account could be subject to collections. Service will not be restored without receiving the full past-due amount including any late charges that may have been added plus a fee of $75.00 will be charged to reconnect service.
360 Communications, LLC will bill any installation charges and the fist month's base charges at the time of contract signing and will require payment before service is turned-up. This payment, minus the installation fees will be applied to the first month's bill resulting in no additional fees being charged until the first day of the second month service is enabled.
All equipment supplied by 360 Communications, LLC will remain the sole property of 360 Communications, LLC and will be collected upon termination of the contract with the customer. Customer further agrees to accept full responsibility for said equipment located on customer premises and agrees to pay the full replacement cost for any equipment that is lost, stolen, damaged, sold, transferred or in any other way not returned in working order to 360 Communications, LLC upon termination of the customer agreement.
Access to Equipment
The Customer agrees to allow personnel of 360 Communications, LLC and its sub-contractors reasonable access to the Customer's site for the purpose of installing, repairing, and removing the 360 Communications, LLC equipment and, if necessary, the Customer shall obtain appropriate authorization from the landlord.
Use and Abuse of Service
Customer understands and agrees that services provided by 360 Communications, LLC may only be used for lawful purposes and that the customer holds full responsibility for any traffic originating from customer IP connections and further agrees to assist 360 Communications, LLC in the tracking down of any service abuse sourced from the customer's IP connection to 360 Communications, LLC This abuse includes, but is not limited to the sending of unsolicited bulk email "SPAM," computers involved in DOS and dDOS attacks, IRC bots, "Hacking" activity and any other activity which is generally defined by the global internet community as malicious. Furthermore, if the customer is utilizing BGP to exchange routing information with 360 Communications, LLC the customer asserts that it does have the authority to "route" any IP address space to which it is accounting a route and understands that while 360 Communications, LLC makes an effort to properly filter announcements, the customer is responsible for any liability resulting from the incorrect or malicious announcement of a third party's IP address space.
Customer acknowledges that 360 Communications, LLC's ability to provide the Services may be impeded by events or actions outside of 360 Communications, LLC's reasonable control, including, without limitation, acts of God, floods, fires, hurricanes, earthquakes, acts of war, labor actions, failure of third party suppliers, changes in applicable laws and regulations, or any similar action or event ("Force Majeure"). 360 Communications, LLC shall not be responsible to Customer for any failure to provide the Services due to a Force Majeure. Customer shall not be liable for payment of the Service Fee during any Force Majeure period during which 360 Communications, LLC is unable to provide Services.
Termination of Services
You can cancel your service one of two ways. By mail to:
360 Communications, LLC
P.O. Box A
Walla Walla, WA 99362
By Phone to:
509-593-4700 (8 am - 5 pm Pacific Time)Service and the date you want the cancellation to occur. Cancellations are processed at the end of each billing cycle.
Please include your name, address, return phone number and email address as well as a request to cancel service and the date you want the cancellation to occur. Cancellations are processed at the end of each billing cycle.
Early termination fees for service contracts cancelled before contract completion date will be $200.00 (Two Hundred dollars) or the sum of the monthly charge for the remainder of the service contract up to 6 (six) months, whichever is less. (ie If you have 3 months remaining in your service contract and wish to cancel, you will be billed for 3 months of service provided the monthly service charge for 3 months does not total more than $200.00)
Indemnification and liability release
Customer, its agents, successors and/or assignees expressly agree to indemnify and release 360 Communications, LLC, its affiliates, subcontractors, suppliers, agents, employees, successors and assignees from any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to the installation and/or use of 360 Communications, LLC's services and/or equipment. Furthermore the customer, its agents, successors and/or assigns releases 360 Communications, LLC from any reliably resulting from use of content on the internet or any other network to which 360 Communications, LLC connects but is not in control of.
Governing Law and Venue
The laws of the State of Washington shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement will be Walla Walla, WA.
The Order Form, any Exhibit(s), this Agreement, the SLA and any addenda or amendments signed by both parties, shall constitute the entire understanding of the parties related to the subject matter hereof. In the event of any conflict between either: (a) the Order Form and this Agreement; and/or (b) any Customer purchase order, the Order Form and this Agreement, the terms and conditions of this Agreement shall control.
The failure of either party at any time to enforce any right or remedy available to it under the Order Form, this Agreement, or the SLA with respect to any breach or failure by either party shall not be construed to be a waiver as such right or remedy with respect to any other breach or failure by either party.
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