GENERAL TERMS AND CONDITIONS
The following Terms and Conditions apply to all services offered by Burlington Telecom (“BT”), unless otherwise specifically noted. These Terms and Conditions, the Service Agreement, the Acceptable Use Policy (if applicable) and the Privacy Agreement bind the Customer and constitute a contractual arrangement upon acceptance and use of BT’s service.
All applicants must be 18 years of age or older. Anyone under age 18 must have a parent or legal guardian sign the application or have documentation of legal emancipation . Customer understands and agrees to this term.
Every account must have one or more responsible party assigned to place orders and make changes to the account. No addition, termination or changes will be made to the account without the direct consent of the responsible party and verification of the security questions on each account. Customer understands and agrees to this term.
BT reserves the right to require proof of identity before providing service. Customer understands and agrees to this term.
Pricing does not include taxes and surcharges, which are assessed to the applicable portion of the Customer’s bill. Customer understands and agrees to this term.
2. SUBSCRIPTION REQUIREMENTS
Customer understands and agrees that to request telephone service with BT, a signed Letter of Authorization (“LOA”) must be on file before service will be provided.
The LOA gives legal authorization to BT:
i. To act as Customer’s agent to make any and all inquires necessary for the purpose of obtaining customer service records information.
ii. To act as Customer’s agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Customer’s local service provider and to implement other services described herein for all of the Customer’s physical service locations including changing Customer’s long distance carrier(s) (if applicable).
For Internet service, BT highly recommends all Customers install anti-virus software, anti-spyware software, and personal firewall to protect the Customer’s system. BT shall not be responsible for any loss of service resulting from customer negligence, including loss of service from viruses, spyware, and other malware.
3. ACCESS TO PREMISES
Customer understands and agrees that BT will not enter onto a Customer premise without the presence of an adult 18 years of age or older and that Customer must be present for the duration of the installation.
Customer grants to BT or any duly authorized agent an irrevocable license to enter upon Customers premises at reasonable hours with reasonable notice to install, maintain and remove any equipment necessary for BT’s provision for service to Customer or other Customers. In purchasing service from BT, Customer hereby assumes full responsibility for securing any and all required permissions for the installation of all applicable wiring and equipment. Customer hereby releases, holds harmless and indemnifies BT from any and all liability arising from any failure to secure such permission.
4. USE LIMITATIONS
Customer acknowledges that programming is for non-commercial entertainment viewing in Customer’s private premises only. Customer may not reproduce, rebroadcast or otherwise re-transmit and/or exhibit the programming received from BT in exchange for an admission fee or for any other charge or consideration or in furtherance of a commercial enterprise. Customer may not move the set top box to another location or use it at any time at an address other than Customer’s home or location where service was installed by BT.
Customers with Internet service through BT also agree to follow the policies set forth in the Acceptable Use Policy (“AUP”).
Customer is responsible for payment of all charges for service furnished to or used
by Customer, or the Customer’s agents, employees or customers. Customer is also responsible for payment of charges for all other third person use of service to which Customer subscribes. Customer is responsible for all charges to the account even if the charges are incurred by fraud or without the Customer’s knowledge. The Customer is solely responsible for controlling access to, and the use ofthe equipment and facilities.
All charges due from Customer are payable to BT. Credit cards, personal checks, certified checks and cash are acceptable forms of payment. Charges may be billed to Customer’s credit card, debit card or bank account, as applicable, each month. BT is not responsible for any charges or expenses resulting from charges billed by BT.
Customer is billed from the date services are installed and activated to the date the services are disconnected. Therefore, the first bill a Customer receives or the first bill after an additional service has been installed or activated will include partial monthly charges in addition to his/her advanced monthly charges. This charge will be from the date of installation and activation to the last day of the current billing month. BT’s billing cycle is from the 21st–20th of the following month. When a customer is disconnected, an amount from the date of disconnection to the last day of the billing month billed in advance will be subtracted from the Customer’s bill and any monies owed to the Customer shall be returned within thirty (30) days from the date of disconnect or upon return of the equipment used to provide service to the Customer.
Any objections to billed charges must be reported to BT within forty-five (45) days after the payment due date on the bill. Objections may be filed in person with BT’s Customer Service Department, by telephone or by mail. Any adjustments or additional charges are shown separately on each bill. BT shall make no refund of overpayment by the Customer unless the claim of such overpayment, together with proper evidence, is submitted within two (2) years of the date of alleged payment.
6. INTERRUPTION OF SERVICE
BT makes every effort to provide continuous and uninterrupted service. When BT schedules a service interruption for maintenance or repairs, BT will notify the Customer of the cause and expected duration of the interruption at least twenty-four (24) hours in advance, when possible. However, BT may designate a regular maintenance window during which maintenance may be conducted without notifying customers for each event. Such regular maintenance windows will be communicated to Customers.
Credit allowances for interruptions of cable and telephone service which are not due to BT’s testing or maintenance of equipment, to the negligence or other wrongful act or omission of the Customer, or to the failure of equipment provided by the Customer or the Customer’s agents, employees, or customers, are subject to the general liability provisions set forth herein. It shall be the obligation of the Customer to notify BT immediately of any interruption in service for which a credit allowance is desired by the Customer unless there is a system-wide disruption or the Customer’s disruption is otherwise known or should have been known by BT. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by the Customer. Interruptions caused by Customer equipment or inside wiring that was not installed by BT are not deemed an interruption of service. An interruption is measured from the time the Customer notifies BT, personally, by telephone or in writing, or otherwise the interruption is known or should have been known to BT, until the trouble is resolved. Once BT receives notification of the interruption in service, the credit shall be automatic. Each interruption is considered separately for the purposes of establishing credit allowance. Interruptions reported after the fact shall not be eligible for a credit.
For purposes of credit computation, every month shall be considered to have thirty (30) days and every day twenty four (24) hours. No credit shall be allowed for an interruption of continuous duration of less than twenty-four hours. For disruption greater than twenty-four (24) hours, an allowance equal to 1/30 of the regular monthly recurring charges shall be made for each twenty-four (24) hours the service remains disrupted; except that the total allowance may not exceed the regular monthly recurring charges for service.
8. RETURNED CHECKS
BT reserves the right to assess a $25.00 fee, whenever a check presented for payment of service is not accepted by the institution upon which it is written.
9. LATE FEES AND DISCONNECTION
Service is provided and billed in advance on a monthly basis with the exception of long distance calls, Video on Demand and Pay-Per View, which are billed in arrears. Bills are due and payable upon receipt. A late fee equal to 1.5% may apply to any unpaid balances. The late fee begins to accrue no sooner than the 60th day after the due date. In the event that BT incurs fees or expenses, including attorney’s fees, collecting or attempting to collect, any charges owed to BT, BT may charge the Customer, and the Customer shall pay these fees or expenses. Customer understands and agrees to this term.
Service may be disconnected by BT, upon prior written notice to the Customer and in accordance with applicable law, when there is an unpaid balance for service that is more than forty-five (45) days overdue. If service has been canceled for nonpayment and the Customer wishes it continued, service shall be restored when all past due amounts in addition to a reconnection fee of $25.00 are paid or when a reasonable payment plan has been agreed upon between the Company and the Customer for full payment of amounts owed.
10. REPAYMENT PLAN
Any Customer having difficulty paying for service should contact BT to arrange a repayment plan. Any repayment plan entered into between the Customer and BT will apply to delinquent amounts. BT expects new current charges to be paid when due. Customer understands and agrees to this term.
Each applicant for service may be required to establish credit. Any applicant whose credit has not been duly established may be required to make a deposit at the time of application to be held as a guarantee of payment of charges. In addition, an existing Customer may be required to make a deposit if their service has been disconnected in the past. BT shall pay interest on deposits pursuant to applicable rules and regulations. Customer understands and agrees to this term.
An installment plan that may be billed in three installments is available for payment of deposits if payment in full would constitute a hardship. A deposit shall not exceed the estimated charges for two (2) months service and shall be returned: 1) at the end of twelve (12) consecutive months of a satisfactory credit history (i.e. no disconnections and no more than three disconnection notices); or 3) upon disconnection of service. BT shall apply the deposit against any outstanding balances due. If a credit balance exists after such application, BT shall refund the balance to the Customer in accordance with the rules and regulations.
12. CANCELLATION BY THE CUSTOMER
Customer may have service canceled upon written or verbal notice to the Company. Cancellations by e-mail will not be accepted. BT requires at least a two (2) day notification prior to termination of service. Customer shall pay for service furnished until the disconnection date.
13. CHOICE OF LAW
This Agreement shall be construed in accordance with, governed by, and subject to the domestic laws of the State of Vermont.
If Customer has any questions, comments or complaints regarding service, Customer shall first contact BT’s Customer Service Department by telephone at (802) 540-0007 or (866) 304-8434 between the hours of 8:00 a.m. – 6:00 p.m. Monday through Friday or at the address below.
200 Church Street, Suite 101
Burlington, VT 05401
If Customer is not satisfied with the manner in which the concern has been addressed after speaking with the Customer Service Department, the complaint must be submitted in writing to the General Manager at the address listed above.
If after further inquiry to the General Manager at BT, Customer is still not satisfied, complaints must be submitted in writing to the Consumer Affairs and Public Information Division of the Vermont Department of Public Service at the address below; by calling their toll free number: (800) 622-4496, or through the DPS web page: http://publicservice.vermont.gov/consumers.
Consumer Affairs and Public Information Division
Vermont Department of Public Service
112 State Street, Drawer 20
Montpelier, VT 05620-2601
15. EQUIPMENT AND WIRING
Except for the inside wiring, which BT considers the Customer’s property, the equipment installed by BT or provided to the Customer by BT belongs to BT. BT may supply new or reconditioned equipment to the Customer. Customer may not sell or give away BT’s equipment, and BT’s equipment must be used only in the Customer’s home. If the Customer ceases to be a BT customer, the Customer is responsible for returning BT’s equipment to BT or its designee. If the Customer moves, Customer shall not leave BT’s equipment in the vacant home or with anyone else.
BT’s equipment must be returned to BT or one of its representatives in working order, normal wear and tear accepted. IF CUSTOMER FAILS TO RETURN EQUIPMENT, IN A MANNER AS STATED ABOVE, AFTER TERMINATION OF SERVICE, CUSTOMER WILL BE CHARGED FOR THE COST OF REPLACING THE EQUIPMENT INVOLVED.
Customer is responsible for preventing the loss of or damage to BT’s equipment within the home. Customer will be directly responsible for repair, replacement and other costs, damages, fees and charges if the equipment is not returned to BT in an undamaged condition.
Information related to BT’s Wire Maintenance Plan is located on www.burlingtontelecom.net.
Customer may not attach any unauthorized device to BT’s equipment. If Customer makes any unauthorized connection or modification to the equipment or any other part of BT’s network or equipment, Customer will be in breach of this Agreement, and BT may terminate service and recover such damages, as provided by applicable law that may arise as a result of the breach.
None of the equipment supplied by BT, nor any of BT’s cable placed outside the home or property in connection with the installation of the equipment and service, shall be deemed fixtures, or in any way part of Customer’s real property. The equipment supplied by BT may be removed by BT, at BT’s option, at any time during or following the termination of Customer’s service, and Customer shall allow BT access to the home for such purposes.
16. CHANGES IN SERVICES, CHANGES IN TERMS OR CONDITIONS
BT reserves the right to substitute, add or delete specific programming and programming services and to create, dismantle and/or alter tiers of programming at any time. BT will notify Customer of any material change in this Agreement or services, or an increase in rates or charges at least thirty (30) days in advance. Notification of the change in charges may be in the form of a bill insert. Payment of charges or continued use of services after you receive notice will constitute agreement by you to the changes.
For telephone service, the Federal Communications Commission (“FCC”) sets the Federal Universal Service Fund (“USF”) Fee. BT will charge equal or less than this rate. The FCC announces the new rate on a quarterly basis. BT will post the new fee on our website at www.burlingtontelecom.net at least seven (7) days before the new rate goes into effect. Customer may also contact our Customer Service Office at the number on the bill seven (7) days before the start of the quarter to find out what fee BT will assess during the next quarter. In the event the FCC has not announced the Federal Universal Service Fund Contribution factor seven (7) days before the start of the quarter, BT will post the new fee on the website as soon as reasonably possible. The Federal Universal Service Fund Fee is assessed on all interstate and international charges (including usage and non usage) each month.
17. LIMITED WARRANTY
BT warrants that the services will function substantially in accordance with the service descriptions. If the services fail to function in this manner and the failure is not due to: (a) the fault of Customer, or Customer’s agents or (b) a contingency identified in Paragraph 18 of this Agreement, then BT, at our expense, will repair the services so that they function substantially in accordance with the service descriptions.
THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL OTHER
WARRANTIES FOR SERVICES PROVIDED BY BT, WHETHER EXPRESS, IMPLIED,
WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
18. LIMITATIONS OF LIABILITY
BT’s liability for damages arising out of any failure of service shall not exceed an amount equivalent to the proportionate charge to the Customer for the period during which the faults in transmission occur.
Except as expressly required by applicable law, BT will not be liable for delays, damages, or failures in performance due to BT’s routine maintenance and testing of the services that BT provides to Customer or for causes beyond BT’s reasonable control, including, but not limited to acts of a governmental body, civil commotion, acts of God, acts of third parties, fires, floods, strikes or other labor disputes, or inability to obtain necessary equipment or services.
BT is not liable for any act or omission of any entity, other than the employees or agents of BT, furnishing facilities or services connected with or provided in conjunction with the BT’s services.
Customer agrees that all information provided on the Services, the Services themselves, and any Equipment are provided “AS IS” and on an “AS AVAILABLE” basis. Customer agrees to indemnify and hold BT harmless against claims for libel, slander or infringement of copyright from material transmitted over its facilities; against claims for infringement of patents arising from, combining with, or using in connection with facilities of BT, apparatus and systems of the customer; against all other claims arising out of any act or omission of the customer in connection with services provided by BT; and against any and all losses from damage to the customer’s facilities or equipment attached or connected to services furnished by BT.
BT disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or any warranty that the services or any associated software or network transport will be uninterrupted or error free. In no event shall BT be liable for any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of damage to data arising out of the use, partial use or inability to use the services, even if BT has been advised of the possibility of such damages. BT’s entire liability and the customer’s exclusive remedy under this Agreement, for any claim, whether in contract (including breach of warranty), or in tort (including negligence), shall be limited to the total amount paid by customers to BT for those services upon which the liability is based.
BT is not liable for any defacement or damage to the subscriber’s premises resulting from the existence of BT’s instruments, apparatus and associated wiring thereon, or from the installation or removal thereof, when such defacement or damage is not the result of negligence on the part of BT.
The subscriber’s facilities and equipment shall conform to all applicable laws, regulations or ordinances as may be effective and the conditions of this Agreement. BT does not express, imply or warrant the adequacy, safety or other characteristics of subscriber owned or operated equipment by virtue of any inspection or rejection of facilities. BT shall not be held liable in any way for subscriber owned and maintained equipment which causes or may cause a hazardous, unsafe or dangerous condition, or threatens the health of others, even if such facilities were inspected by BT.
19. LIABILITIES OF THE CUSTOMER
The Customer shall indemnify, defend and hold harmless BT (including the costs of litigation and reasonable attorney’s fees) against:
(i) Claims for libel, slander, invasion of privacy, infringement of copyright or patents or unauthorized use of any trademark, trade name or service mark arising out of the use of material, data, information, or other content transmitted over BT’s services, facilities, or equipment; and
(ii) All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer, or the Customer’s agents, employees, or customers, in connection with any service, facilities or equipment provided by BT.
Without Customer’s consent, BT may assign all or part of this Agreement including BT’s rights to receive monies under this Agreement. Customer shall not assign, subcontract, sublet or transfer this Agreement, in whole or in part, without BT’s written consent. Any assignment, subletting, transfer, or subcontracting in violation of this paragraph shall be void.
If any of the terms or conditions in this Agreement is held to be invalid or unenforceable by a government body of competent jurisdiction, the holding shall not affect any other term or condition of this Agreement, and the Agreement shall be construed as if it did not contain the invalid or unenforceable term or condition.
22. ENTIRE AGREEMENT
This Agreement supersedes all prior representations, understandings, or agreements on the subject matter of this Agreement. This Agreement may not be modified or waived except as described in this Agreement. With respect to all matters arising under this Agreement, this Agreement is a contract between the Customer and BT.