Additional Terms and Conditions
1. PAYMENT: Network services shall be made available for Customer use only after receipt by Ovation of
all applicable charges including but not limited to initial deposit, first and last month service payments,
all installation charges and any remaining balance owed. All invoices are due and payable within fifteen (15)
days from the invoice date, unless otherwise specified in writing. Payments not received within this timeframe
may be considered past due. The Company reserves the right to assess a finance charge on any overdue balance
at a rate permitted by applicable law, calculated from the due date until payment is received. In addition,
the Company may, at its discretion, suspend services or withhold further deliverables until all outstanding
balances are brought current. Customer agrees to pay all reasonable costs incurred by the Company in
collecting past-due amounts, including but not limited to collection agency fees, attorney’s fees, and
court costs, where permitted by law. Late Payment Charges will be billed at 1.5% per month of the overdue
amount or the maximum lawful rate allowable, whichever is less. Payment is required in advance for
replacement equipment and labor. The cost of such replacement equipment will be credited back to Customer
when defective equipment is received by Ovation. Payments are not allowed to be withheld by Customer for
any reason, including but not limited to the resolution of disputes. If Customer fails to pay its invoice
in full within 45 days of the Due Date, Ovation retains the discretion to suspend service. In the event that
service is suspended, all amounts due must be fully paid, including a reconnection fee totaling $200,
before Ovation will consider reinitiating service. Customer agrees to pay all costs of collection, including
attorney fees, collection agency fees and all other expenses incurred associated with the collection activities.
Payment of a Deposit amount is required prior to ordering equipment or scheduling installation, and such
Deposit amount is non-refundable.
2. REASONABLE ACCOMODATIONS: Customer shall pay for the expense of reasonable accommodations when Ovation
representative(s) are required to stay overnight, for the purpose ofinstalling, or maintaining and testing
equipment after installation during the term of this Agreement.
3. PROVISIONED EQUIPMENT: Provisioning of service may require Ovation to install certain equipment
at Customer’s premise. Customer agrees to pay all shipping charges associated with all equipment and
all labor costs in the event the property is not able to self-install the replaced or repaired equipment. If
Ovation repairs or replaces equipment that is under warranty, the Customer’s current Agreement will
automatically extend one (1) additional year onto the term of the existing Agreement at the same terms
and conditions, except that Ovation has the discretion to apply the current rates in effect at the time
during this additional one-year extension period.
4. REMEDIES. Ovation and Customer recognize that disputes arising under this Agreement are best
resolved by parties directly involved. If a dispute is not resolved in non-binding mediation, the parties
may take other appropriate actions subject to the terms of this Agreement.
5. RETURN POLICY.
(a) When Customer is required to return any Product to Ovation for warranty
service, Customer agrees to obtain Ovation’s concurrence prior to returning any Product for repair or
replacement and must reference any return material authorization (“RMA”) number issued by Ovation
on documentation accompanying such returned Product. Customer further agrees to ship the item
prepaid and suitably packaged to a location designated by Ovation and be responsible for any loss of
or damage to the Product while in transit to Ovation. Ovation will return to the Customer any repaired or
replaced Products at Customer’s sole expense, and Customer is responsible for loss of or damage to,
Customer’s Product while it is in transit back to Customer. Any returned Product becomes Ovation’s
property and, subject to Ovation’s receipt of the exchanged Product, its replacement becomes
Customer’s property. The replacement Product may not be new, but will be in working order and
equivalent to the item exchanged as determined in good faith by Ovation. The warranty period for any
exchanged Product described above shall be the remaining Product warranty period, if any, on the
original, returned equipment issued by the applicable equipment manufacturer. Customer agrees to
ensure that any returned Product is free of any legal obligations or restrictions that
prevent its exchange and represents that all returned Products are genuine and unaltered.
When Product under warranty is required to be returned by Customer, Ovation will send Customer the
applicable Product and invoice for the replacement Product. Upon receipt by Ovation of the returned Product
from Customer, Ovation will issue a credit totaling the invoice amount. If Customer does not return the
original Product under warranty within at least 45 days of receiving the replaced Product from Ovation,
Customer forfeits the applicable credit.
(b) Returns pre-shipping. If Customer cancels its Agreement prior to Ovation shipping the Product(s),
Customer shall receive a credit for the invoice amount minus (a) a Programming Fee totaling fifteen
percent (15%) of the invoice amount , plus (b) the initial Deposit that totals one monthly recurring
charge, plus (c) all applicable shipping costs, if any, incurred by Ovation imposed by the equipment
manufacturer.
(c) Returns post-shipping of Products before Installation. If Customer cancels its Agreement after
Ovation has shipped the Product(s) ordered by Customer but before installation is performed by
Ovation, Customer shall receive a credit for the invoice amount minus (a) a Programming Fee totaling
fifteen percent (15%) of the invoice amount, plus (b) the initial Deposit that totals one monthly recurring
charge, plus (c) all applicable shipping costs incurred by Ovation (original and return shipping costs).
(d) Returns post-shipping of Products after Installation. If Customer cancels its Agreement after Ovation
has shipped and installed the Product(s) ordered by Customer, Customer shall not be entitled under
any circumstances to receive a credit on the return of any Product to Ovation, and Customer shall be
responsible to pay the applicable ETC to Ovation.
6. INSTALLATION LABOR COSTS. Ovation Networks reserves the right to bill additional labor charges at
the time of install due to delays caused by unforeseen/unexpected structural anomalies, limited room
access, or other causes not initiated by Ovation Networks.
7. TIME AND MATERIALS. Customer acknowledges that all Time and Material cost quotes in this
Agreement are estimates. Ovation will invoice and Customer agrees to pay Ovation for all actual time
and materials incurred to install the Products ordered by the Customer. The current rate for an Ovation
technician to perform installation work on Customer’s premise is $245 per hour with a minimum service
increment of one (1) hour and any additional hours billed at $140 per hour in 15 minute increments.
8. ASSIGNMENT. In the event that Customer assigns this Agreement without the express written consent
of Ovation, Ovation has the discretion to terminate this Agreement without penalty. For any third party
that the Customer assigns this Agreement to after receiving consent from Ovation (“assignee”), such
assignee acknowledges and agrees to fulfill and be legally bound by the terms of this Agreement and
Customer agrees to remain jointly liable with assignee unless Customer is released by Ovation.
9. ADVERTISING. Ovation may provide and display advertising and other data and information at its sole
discretion over its network. Customer shall have the right to notify Ovation to exclude any advertising,
data, information or display which is found to be offensive or in violation of this Agreement. Within five
(5) business days of receiving such notice, Ovation shall remove any advertising found to be offensive
or in violation of this Agreement.
10. OVATION ADDITIONAL SERVICES. Ovation retains the right to shape bandwidth based on the
number of Customer guests using the network. For an additional fee, Customer may request that
Ovation uncap, thereby increase, the existing bandwidth speed for its guests to speeds available from
the Customer’s Internet Service Provider.
11. ETC.
(a) Ser5 Sales price = $1.50 Discount = $.75 ETC is calculated using the following formula:
$40.50 ($2.25 x 18 months remaining under the Agreement) + $ 4.50 ($.75 Discount x 6 months of
service used through date of termination) $45 TOTAL ETC
(b) Equipment. By way of example for illustrative purposes only, if Customer terminates the Ovation
Agreement at anytime without legal cause, Customer agrees to pay additional ETC on any equipment
purchased from Ovation using the following formula:
List price = $1,750 Sale price = $499 Discount = $1,251 ETC = $1,251, which is the one-time charge
equaling the Discount amount on such equipment.
12. ATTORNEY’S FEES AND COSTS. In the event Ovation takes legal action to enforce the terms of the
Service Agreement and substantially prevails, Customer agrees to pay all reasonable attorney’s fees
and costs incurred by Ovation.