Additional Terms and Conditions<\/p>\n
1. PAYMENT: Network services shall be made available for Customer use only after receipt by Ovation of
\nall applicable charges including but not limited to initial deposit, first and last month service payments,
\nall installation charges and any remaining balance owed.\u00a0All invoices are due and payable within fifteen (15)
\ndays from the invoice date, unless otherwise specified in writing. Payments not received within this timeframe
\nmay be considered past due. The Company reserves the right to assess a finance charge on any overdue balance
\nat a rate permitted by applicable law, calculated from the due date until payment is received. In addition,
\nthe Company may, at its discretion, suspend services or withhold further deliverables until all outstanding
\nbalances are brought current. Customer agrees to pay all reasonable costs incurred by the Company in
\ncollecting past-due amounts, including but not limited to collection agency fees, attorney\u2019s fees, and
\ncourt costs, where permitted by law. Late Payment Charges will be billed at 1.5% per month of the overdue
\namount or the maximum lawful rate allowable, whichever is less. Payment is required in advance for
\nreplacement equipment and labor. The cost of such replacement equipment will be credited back to Customer
\nwhen defective equipment is received by Ovation. Payments are not allowed to be withheld by Customer for
\nany reason, including but not limited to the resolution of disputes. If Customer fails to pay its invoice
\nin full within 45 days of the Due Date, Ovation retains the discretion to suspend service. In the event that
\nservice is suspended, all amounts due must be fully paid, including a reconnection fee totaling $200,
\nbefore Ovation will consider reinitiating service. Customer agrees to pay all costs of collection, including
\nattorney fees, collection agency fees and all other expenses incurred associated with the collection activities.
\nPayment of a Deposit amount is required prior to ordering equipment or scheduling installation, and such
\nDeposit amount is non-refundable.<\/p>\n
2. REASONABLE ACCOMODATIONS: Customer shall pay for the expense of reasonable accommodations when Ovation
\nrepresentative(s) are required to stay overnight, for the purpose ofinstalling, or maintaining and testing
\nequipment after installation during the term of this Agreement.<\/p>\n
3. PROVISIONED EQUIPMENT: Provisioning of service may require Ovation to install certain equipment
\nat Customer\u2019s premise. Customer agrees to pay all shipping charges associated with all equipment and
\nall labor costs in the event the property is not able to self-install the replaced or repaired equipment. If
\nOvation repairs or replaces equipment that is under warranty, the Customer\u2019s current Agreement will
\nautomatically extend one (1) additional year onto the term of the existing Agreement at the same terms
\nand conditions, except that Ovation has the discretion to apply the current rates in effect at the time
\nduring this additional one-year extension period.<\/p>\n
4. REMEDIES. Ovation and Customer recognize that disputes arising under this Agreement are best
\nresolved by parties directly involved. If a dispute is not resolved in non-binding mediation, the parties
\nmay take other appropriate actions subject to the terms of this Agreement.<\/p>\n
5. RETURN POLICY.
\n(a) When Customer is required to return any Product to Ovation for warranty
\nservice, Customer agrees to obtain Ovation\u2019s concurrence prior to returning any Product for repair or
\nreplacement and must reference any return material authorization (\u201cRMA\u201d) number issued by Ovation
\non documentation accompanying such returned Product. Customer further agrees to ship the item
\nprepaid and suitably packaged to a location designated by Ovation and be responsible for any loss of
\nor damage to the Product while in transit to Ovation. Ovation will return to the Customer any repaired or
\nreplaced Products at Customer\u2019s sole expense, and Customer is responsible for loss of or damage to,
\nCustomer\u2019s Product while it is in transit back to Customer. Any returned Product becomes Ovation\u2019s
\nproperty and, subject to Ovation\u2019s receipt of the exchanged Product, its replacement becomes
\nCustomer\u2019s property. The replacement Product may not be new, but will be in working order and
\nequivalent to the item exchanged as determined in good faith by Ovation. The warranty period for any
\nexchanged Product described above shall be the remaining Product warranty period, if any, on the
\noriginal, returned equipment issued by the applicable equipment manufacturer. Customer agrees to
\nensure that any returned Product is free of any legal obligations or restrictions that
\nprevent its exchange and represents that all returned Products are genuine and unaltered.
\nWhen Product under warranty is required to be returned by Customer, Ovation will send Customer the
\napplicable Product and invoice for the replacement Product. Upon receipt by Ovation of the returned Product
\nfrom Customer, Ovation will issue a credit totaling the invoice amount. If Customer does not return the
\noriginal Product under warranty within at least 45 days of receiving the replaced Product from Ovation,
\nCustomer forfeits the applicable credit.<\/p>\n
(b) Returns pre-shipping. If Customer cancels its Agreement prior to Ovation shipping the Product(s),
\nCustomer shall receive a credit for the invoice amount minus (a) a Programming Fee totaling fifteen
\npercent (15%) of the invoice amount , plus (b) the initial Deposit that totals one monthly recurring
\ncharge, plus (c) all applicable shipping costs, if any, incurred by Ovation imposed by the equipment
\nmanufacturer.<\/p>\n
(c) Returns post-shipping of Products before Installation. If Customer cancels its Agreement after
\nOvation has shipped the Product(s) ordered by Customer but before installation is performed by
\nOvation, Customer shall receive a credit for the invoice amount minus (a) a Programming Fee totaling
\nfifteen percent (15%) of the invoice amount, plus (b) the initial Deposit that totals one monthly recurring
\ncharge, plus (c) all applicable shipping costs incurred by Ovation (original and return shipping costs).<\/p>\n
(d) Returns post-shipping of Products after Installation. If Customer cancels its Agreement after Ovation
\nhas shipped and installed the Product(s) ordered by Customer, Customer shall not be entitled under
\nany circumstances to receive a credit on the return of any Product to Ovation, and Customer shall be
\nresponsible to pay the applicable ETC to Ovation.<\/p>\n
6. INSTALLATION LABOR COSTS. Ovation Networks reserves the right to bill additional labor charges at
\nthe time of install due to delays caused by unforeseen\/unexpected structural anomalies, limited room
\naccess, or other causes not initiated by Ovation Networks.<\/p>\n
7. TIME AND MATERIALS. Customer acknowledges that all Time and Material cost quotes in this
\nAgreement are estimates. Ovation will invoice and Customer agrees to pay Ovation for all actual time
\nand materials incurred to install the Products ordered by the Customer. The current rate for an Ovation
\ntechnician to perform installation work on Customer\u2019s premise is $245 per hour with a minimum service
\nincrement of one (1) hour and any additional hours billed at $140 per hour in 15 minute increments.<\/p>\n
8. ASSIGNMENT. In the event that Customer assigns this Agreement without the express written consent
\nof Ovation, Ovation has the discretion to terminate this Agreement without penalty. For any third party
\nthat the Customer assigns this Agreement to after receiving consent from Ovation (“assignee”), such
\nassignee acknowledges and agrees to fulfill and be legally bound by the terms of this Agreement and
\nCustomer agrees to remain jointly liable with assignee unless Customer is released by Ovation.<\/p>\n
9. ADVERTISING. Ovation may provide and display advertising and other data and information at its sole
\ndiscretion over its network. Customer shall have the right to notify Ovation to exclude any advertising,
\ndata, information or display which is found to be offensive or in violation of this Agreement. Within five
\n(5) business days of receiving such notice, Ovation shall remove any advertising found to be offensive
\nor in violation of this Agreement.<\/p>\n
10. OVATION ADDITIONAL SERVICES. Ovation retains the right to shape bandwidth based on the
\nnumber of Customer guests using the network. For an additional fee, Customer may request that
\nOvation uncap, thereby increase, the existing bandwidth speed for its guests to speeds available from
\nthe Customer\u2019s Internet Service Provider.<\/p>\n
11. ETC.
\n(a) Ser5 Sales price = $1.50 Discount = $.75 ETC is calculated using the following formula:
\n$40.50 ($2.25 x 18 months remaining under the Agreement) + $ 4.50 ($.75 Discount x 6 months of
\nservice used through date of termination) $45 TOTAL ETC<\/p>\n
(b) Equipment. By way of example for illustrative purposes only, if Customer terminates the Ovation
\nAgreement at anytime without legal cause, Customer agrees to pay additional ETC on any equipment
\npurchased from Ovation using the following formula:
\nList price = $1,750 Sale price = $499 Discount = $1,251 ETC = $1,251, which is the one-time charge
\nequaling the Discount amount on such equipment.<\/p>\n
12. ATTORNEY’S FEES AND COSTS.\u00a0 In the event Ovation takes legal action to enforce the terms of the
\nService Agreement and substantially prevails, Customer agrees to pay all reasonable attorney’s fees
\nand costs incurred by Ovation.<\/p>\n","protected":false},"excerpt":{"rendered":"
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.\u00a0All invoices are due and payable within fifteen (15) days from […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":163,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-273","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n