SERVICE LEVEL AGREEMENT
Payment of Charges. The charges for one month of Services, including any deposits, activation, installation and Equipment charges, are due upon installation of the Services or such other date as agreed by Phonoscope Inc. and You. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (such as restoration or experience fees), taxes, regulatory fees, franchise fees, surcharges (including sports and broadcast tv surcharges) and other government assessments no later than the date indicated on Customer’s bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer’s subsequent bill at the then current applicable rates. For instance, Customer will be billed monthly for Pay Per View, On Demand or other Services ordered where charges are based on actual usage or on orders placed during the previous month. All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes Phonoscope Inc. to charge such accounts. If Customer elects to send a check as payment, Customer authorizes Phonoscope Inc. either to use information from Customer’s check to make a one-time electronic funds transfer from Customer’s bank account or to process the payment as a check transaction.
Failure to receive a bill does not release Customer from Customer’s obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer’s premises and/or imposition of a late fee (“Late Fee”) in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a penalty, a credit service charge or a finance charge.
If the Customer has more than one account (Business and/or Residential) served by Phonoscope Inc., all Phonoscope Inc. provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
Annual Subscriptions: Your annual subscription begins either on or the first day following your installation date and continues twelve months thereafter. Upon expiration of the annual term, it shall convert to a monthly subscription and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
You may cancel Service(s) up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in a Phonoscope Inc.-served area (subject to any installation charges).
Additional Fees. In addition to Customer’s monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, Payment Assistance Fees for paying by phone, receiving a paper bill, charge card chargeback, early termination, reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees.
Taxes. Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
Early Termination Fees. If you cancel, terminate or downgrade the Service(s) before the completion of any required promotional term to which You agreed (“Initial Term”), you agree to pay Phonoscope Inc.an early cancellation fee in the amount of $150.00 plus all outstanding charges for all Services used and Equipment purchased for which you have not paid us prior to termination. If however, the customer provides evidence of a change of residence to a location other than the current house or apartment complex where customer resides, the fee will be waived. You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to Phonoscope Inc. Communications and you agree to pay such fees.
Phonoscope Inc. assumes no liability for any program, services, content or information distributed on or through the Services, Equipment or the cable system, unless locally provided by Phonoscope, and Phonoscope expressly disclaims any responsibility or liability for your use thereof. Further, Phonoscope Inc. shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
No Warranty; Limitation of Liability. Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by Phonoscope Inc. on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied; (b) the Phonoscope Inc. Parties are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned-or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the Phonoscope Inc. Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned-or provided-Equipment; or (iv) as to the security of Customer’s communications via Phonoscope Inc.’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Customer’s communications. Customer has the sole responsibility to secure Customer’s communications and the Phonoscope Inc. Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the Phonoscope Inc. Parties nor any Third Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and Phonoscope Inc. shall not be party to nor responsible for monitoring any transaction between Customer and any Third Party Provider of products or services. Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the Phonoscope Inc. Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Customer or anyone else using Customer’s Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services) and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Customer’s reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party. If Customer resides in a state which laws prevent Customer from taking full responsibility and risk for Customer’s use of the Services and/or Equipment, Phonoscope Inc.’s liability is limited to the greatest extent allowed by law.
Binding Arbitration .Please read this section carefully. It affects your rights. Any and all disputes arising between You and Phonoscope Inc., including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:· Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;· Claims that arose before this or any prior Agreement,· Claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either You or Phonoscope Inc. may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed below. You may also bring issues to the attention of federal, state, and local executive or administrative agencies. Resolving Your dispute with Phonoscope Inc. through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PHONOSCOPE INC. EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
Pre-Arbitration Process.- Notice Of Dispute. Before commencing an action in arbitration, You must first notify us of Your dispute and allow us an opportunity to resolve it without the need for arbitration. You must write us a letter briefly explaining the dispute and stating the relief that You demand. Provide as much information as possible, including where applicable dates and specific amounts of money. Also include the account holder’s name, the account number, the service address, and a telephone number at which You may be reached during business hours. For Your convenience, Once you have written the letter or filled out the Notice, send it to us by certified mail at Phonoscope, Inc., ATTN: Legal Dept., 10555 Westoffice, Houston, Texas 77042. .If Phonoscope Inc. has not been able to resolve your dispute to your satisfaction within 30 days from when we received your Notice of Dispute, you may start arbitration proceedings. Commencing an Arbitration. To commence an arbitration, you must submit a written Demand for Arbitration to the American Arbitration Association (“AAA”), Case Filing Services, 9 Greenway Plaza, #1275, Houston, TX 77046, with a copy to Phonoscope Inc.. A Demand for Arbitration form can be found on the AAA website athttps://www.adr.org/rulesformsfees.d.Arbitration Process. The arbitration will be administered by the AAA under the AAA’s Consumer Arbitration Rules, as modified by this arbitration provision. You may obtain copies of those rules from the AAA atwww.adr.org. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this arbitration provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer arbitration under this arbitration provision as written. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. A single arbitrator will resolve the dispute between You and Phonoscope Inc.. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including Customer personally identifiable information. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this arbitration provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this arbitration provision. The Arbitrator’s decision must follow the applicable law of the State of Texas. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. Unless the parties agree otherwise, any arbitration hearing will take place in the county (or parish) of Your service address. If the amount in dispute is less than $50,000, Phonoscope Inc. agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules. If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.Arbitration Fees. Except as otherwise provided in this arbitration provision, Phonoscope Inc. will pay all arbitration filing, administrative, and arbitrator fees for any arbitration that Phonoscope Inc. commences or that You commence seeking damages of $10,000 or less. If You commence an arbitration seeking greater than $10,000 in damages, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Phonoscope Inc. will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Phonoscope Inc. to pay those costs and expenses. Notwithstanding the foregoing, if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Phonoscope Inc. for any amounts Phonoscope Inc. may have paid on Your behalf .Governing Law. Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all disputes under this arbitration provision. Any state statutes pertaining to arbitration shall not be applicable. Waiver of Class and Representative Actions. YOU AGREE TO ARBITRATEYOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Phonoscope Inc. agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This arbitration provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Phonoscope Inc. account holders, neither You nor Phonoscope Inc. may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person’s claims unless all parties affirmatively agree in writing. If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Phonoscope Inc. proceeds to court rather than through arbitration, You and Phonoscope Inc. each waive the right to any trial by jury through this Agreement. .Severability and Survival. If any other portion of this arbitration provision is determined to be unenforceable, then the remainder of this arbitration provision shall be given full force and effect. The terms of the arbitration provision shall survive termination, amendment or expiration of this Agreement.Governing Law. This Agreement shall be governed by the laws of the state of Texas.
April, 28th 2022