Carolina Mountain Cablevision Inc.("CBVNOL")
THE FOLLOWING TERMS ARE APPLICABLE TO ANY CBVNOL CUSTOMER SUBSCRIBING TO CBVNOL TELEPHONE SERVICES.
1. Responsibilities of the Customer
The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by CBVNOL, except upon the written consent of CBVNOL. The equipment CBVNOL provides or installs at the Customer premises for use in connection with the service CBVNOL offers shall not be used for any purpose other than for which it was provided.
The Customer shall ensure that the equipment and/or system is properly interfaced with CBVNOL'S facilities or service. If the FCC or some other appropriate certifying body certifies terminal equipment as being technically acceptable for direct electrical connection with interstate communications service, CBVNOL will permit such equipment to be connected with it channels without the use of protective interface devices.
The Customer shall be responsible for securing its cable telephone equipment against being used to place fraudulent calls using CBVNOL'S service. The Customer shall be responsible for payment of all applicable charges for services provided by CBVNOL and charged to the Customer’s accounts, even where those calls are originated by fraudulent means either from Customer’s premises or from remote locations.
The CableCompany shall be indemnified and held harmless by the Customer against claims of liable, slander, or the infringement of copyright, or for unauthorized use of any trademark, trade name, or service mark, arising from the material transmitted over CBVNOL'S service, against claims for infringement of patents arising from, combining with, or using in connection with, service, CBVNOL'S apparatus and systems of the Customer; against all other claims arising out of any act or omission of the member in connection with CBVNOL'S service. The Customer shall be liable for:
(A) Loss due to theft, fire, flood, or other destruction of CBVNOL'S equipment or facilities on Customer’s premises.
(B) Reimbursing CBVNOL for damages to facilities or equipment caused by the negligence or willful acts of the Customer.
(C) Charges incurred with interconnect or local operating companies for service or service calls made to the Customer’s premises or on the Customer’s leased or owned telephonic equipment unless CBVNOL specifically authorizes said visit or repairs in advance of the occurrence and CBVNOL agrees in advance to accept the liability for said repairs or visit.
(D) Payment for all CBVNOL service charges incurred through usage or direct action on the part of the Customer.
2. Payment of Charges
The Customer is responsible for the payment of all charges for facilities and services furnished by CBVNOL to the Customer, and to all users authorized by the Customer, regardless of whether those services are used by the Customer itself or shared with other persons.
For billing of monthly charges, service is considered to be established upon the confirmation of third party verification processes
Usage charges will be billed monthly in arrears. Customer will be billed for all usage accrued beginning immediately upon access to the service. Customers will be billed for usage occurring during their specific 30-day billing cycle, which for purposes of computing charges shall be considered a month. The rates charged to a Customer will be the rates in effect on the first day of the Customer’s billing cycle.
Monthly charges for all access service components, provided hereunder, are billed in advance of service and reflect the rates in effect as of the date of the invoice.
CBVNOL will generate and mail customer bills within 60 days of the date the customer incurs the charge. Bills are due and payable as specified on the bill. Bills may be paid by mail or in person at the business office of CBVNOL or an agency authorized to receive such payment. All charges for service are payable only in United State currency. Bills are due and payable as specified on the bill. Payments may be made by cash, check, money order, cashier’s check or certain major credit cards.
CBVNOL reserves the right to assess late payment charges for Customers whose account(s) have an unpaid balance from the prior billing period. Any charges not paid in full by the due date indicated on the bill statement may be subject to a late fee.
The late fee may be assessed on the entire unpaid balance that is brought forward from the previous bill statement.
CBVNOL may assess a fee for returned checks which will not exceed the allowable amount as established by law.
The Customer is responsible to pay CBVNOL for all toll calls or other third party charges resulting from the origination of calls to points outside the local exchange and for charges or calls billed to the Customer’s number.
If service is suspended/disconnected by CBVNOL in accordance with the provisions and later restored, restoration of service will be subject to all applicable reconnection charges.
3. Billing Disputes
Any disputed charge may be brought to CBVNOL'S attention by verbal or written notification. In the case of a billing dispute between the Customer and CBVNOL that cannot be settled to their mutual satisfaction, the undisputed portion and subsequent bills must be paid on a timely basis, or the service may be subject to disconnection.
The Customer may request investigation into the disputed amount by CBVNOL. During the period that the disputed amount is under investigation, CBVNOL shall not pursue any collection procedures or assess late fees with regard to the disputed amount. The Customer shall be required to pay the undisputed part of the bill, and if not paid, CBVNOL may discontinue service.
CBVNOL will investigate customer complaints promptly and thoroughly.
4. Disconnection of Service by Customer
Customer must notify CBVNOL orally or in writing of his/her desire to terminate service. CBVNOL may be allowed a reasonable period of time after the receipt of such notification to render a final bill. The monthly service charge, plus associated taxes, shall be pro-rated for the actual number of days in which service has been provided, with non-used portion being refunded to the Customer.
5. Cancellation for Cause
Service may be terminated for non-payment of a bill, provided that CBVNOL has made a reasonable attempt to effect collection and has given the customer written notice that he has five days in which to make settlement on his account or have his service disconnected.
Service can be terminated only on Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EST, unless provisions have been made to accept payment and reconnect service.
Service may be refused or discontinued for any of the reasons listed below. Unless noted, the customer will be allowed a reasonable time to comply to avoid discontinuance of service:
(A) Without notice, in the event of a condition determined by CBVNOL to be hazardous or dangerous;
(B) Without notice, in the event of customer use of equipment in such a manner as to adversely affect CBVNOL'S service to other customers;
(C) Without notice, in the event of unauthorized use of cable service;
(D) Customer tampering with equipment furnished and owned by CBVNOL;
(E) Failure of the customer to permit CBVNOL reasonable access to its equipment;
(F) Failure of the customer to furnish permits, certificates, and/or right-of-ways, as necessary to obtain service, or in the event such permissions are withdrawn or terminated.
(G) Failure of the customer to provide a deposit/advance payment to CBVNOL, if required;
(H) In cases of extreme risk involving abnormal and excessive use of toll service, service may be denied two days after written notice is given to the customer, unless satisfactory arrangements for payments are made;
(I) Where there is probable cause to believe that there is illegal or willful misuse of CBVNOL'S service including but not limited to; subscriber use or allowance of use of abusive, obscene, profane, lewd, lascivious or suggestive language or material otherwise not protected by law; subscriber use with intent to terrify, intimidate, threaten, harass, annoy, or offend another cable user; or subscriber use to impersonate or permit others to impersonate any other individual.
(J) CBVNOL is not required to furnish its service or to continue its service; to any applicant who, at the time of application, is indebted under an undisputed bill to CBVNOL for cable service previously furnished to such applicant or any other member of the applicant’s household.
(K) For violation or and/or non-compliance with the Nebraska Public Service Commission’s Orders or regulations governing service supplied by CBVNOL;
(L) Failure of a Customer to cooperate with CBVNOL in efforts to resolve an inquiry which has the effect of placing charges in dispute shall constitute a waiver of the Customer’s right to continuance of service;
(M) Failure of the Customer to fulfill his contractual obligations for service and/or facilities subject to regulation by the Nebraska Public Service Commission.
6. Insufficient Reasons for Denying Service
CBVNOL shall not deny service for the following reasons:
(A) Non-payment for services by a previous occupant of the same premises to be service, unless such previous occupant shall benefit from such new service or unless the new occupant benefited from such old service;
(B) Failure to pay for non-communications service provided by the utility, including, but not limited to any non-regulated telecommunications equipment or service furnished by CBVNOL;
(C) Failure to pay for merchandise purchased from CBVNOL;
(D) Failure to pay for business services at a different location and a different cable number shall not constitute sufficient cause for refusal of residential service or vice versa.
CBVNOL may require from any customer, existing or new customer, a deposit intended to guarantee payment of bills for service, if any of the following conditions exist:
(A) The customer’s past payment record to a telecommunications company shows delinquent payment practice (i.e. customer has had two consecutive 30-day arrearages, or more than two non-consecutive 30-day arrearages in the past 24 months, or customer has been sent four or more late payment notices in the past 9 months, or
(B) A new customer cannot furnish either a letter of good credit from a reliable source or an acceptable co-signer or guarantor on the same system within the State of Louisiana to guarantee payment, or
(C) A customer has no deposit and presently is delinquent in payments (i.e., has had two consecutive 30-day arrears, or more than two non-consecutive 30-day arrears in the past 24 months), or
(D) A customer has had his service terminated by any telecommunications company for non- payment or fraudulent use.
CBVNOL shall issue a receipt of deposit to each customer from whom a deposit is received, and shall provide means whereby a customer may establish his claim if this receipt is lost.
A maximum deposit may be required up to an amount equal to an estimated two months (60 days) total bill (including toll and taxes) for a new customer. For an existing customer, a maximum deposit may be required up to an amount equal to the total actual bills of the highest two consecutive months within the preceding six months.
All deposits may be subject to review based on the actual billing experience and the payment history of the customer.
8. Practices and Procedures
Deposits shall be returned, after twelve (12) consecutive months of prompt payment. Deposits shall be refunded completely unless the customer has had two consecutive 30-day arrearages or more than two non-consecutive 30-day arrearages in the past 24 months, or has had service denied or interrupted for non-payment of bills, or has been sent more than four late payment notices in the past 9 months, or has a returned check in the past 6 month. Upon termination of service, the deposit shall be credited to the final bill and the balance shall be returned within 45 days to the Customer.
Where a customer has been required to make a guaranteed deposit, that deposit shall not relieve the customer of the obligation to pay the service bill when due, but where such deposit has been made and service has been disconnected because of nonpayment of account, then, unless the customer shall, within seventy-two hours after service has been disconnected, apply for reconnection of service and pay the account, the account may be discontinued. If CBVNOL discontinues the account, the utility shall apply the deposit of such customer toward the discharge of such account and shall refund to the customer any excess.
A record of each unclaimed deposit must be maintained for at least two years, during which time CBVNOL shall make a reasonable effort to return the deposit.