TERMS AND CONDITIONS
The following Terms and Conditions shall apply to all users of Winn Telecom’s Copper Wireline, Fiber, DNS, DSL, VDSL, SIP, VoIP, Web Hosting, and direct connection via dedicated circuit services. Winn Telecom is an assumed name for Winn Telephone Company.
For the purposes of the Terms and Conditions, the client will be referred to as “the Customer”.
TERM: By signing Winn Telecom’s Service Order the Customer agrees to the Terms and Conditions of this Agreement. The Initial Term of this Agreement shall commence on the service activation date specified on the Customer’s first bill and will continue for the period of time stated on the Service Order signed by the Customer. Contractual term commitment in the Service Order will automatically renew for additional consecutive 24-month terms upon the expiration of the current term unless the Customer notifies Winn Telecom in writing at least 90 days prior to the end of the current term. Service rates will adjust at the time of renewal to current pricing.
1. BILLING AND PRICING: All Monthly Recurring Charges (MRC) and One-Time Charges (OTC) through Winn Telecom will accrue on a one (1) month (thirty (30) calendar day) cycle to be produced as a billing statement to the Customer. The Customer agrees to pay all charges posted to the Customer’s account, including applicable fees, taxes, and other required charges on the service(s) provided, in accordance with billing terms in effect at the time the fee or charge becomes payable. All charges are due in accordance to the date of the Customer’s monthly statement and are non-refundable. Initial charges may include non-recurring installation charges, including, but not limited to equipment, inside wiring, and other installation fees. Subsequent billing cycles may procure additional MRC or OTC based off the requests of the Customer for additional services. Reflection of any changes in MRC to a Customer’s service(s) may take thirty (30) to sixty (60) days to occur on the Customer’s billing statement. Late Payment charges will be assessed in the amount of $25 (twenty-five) per month for each month a business customer is delinquent, or $25 (twenty-five) per month for each month a residential customer is delinquent. Delinquent accounts are subject to additional fees for reconnection. If the Customer’s account is terminated for billing delinquency, the Customer is subject to early termination fees as described in this document. If the Federal Bureau of Labor Statistics Reports on the Consumer Price Index (CPI) for All Urban Consumers demonstrates an increase in prices in the last twelve (12) months totaling over 2.0%, Winn Telecom has the right to pass along price increases to all customers, including those under term contracts, up to the amount of the reported un-adjusted twelve (12) month CPI increase for all items. The listed CPI increase can be added to any or all Winn prices once in every twelve (12) month period. The specific Monthly Recurring Charges (MRC) and One Time Charges (OTC) for service(s) are from time to time established by Winn Telecom. Winn Telecom reserves the right to change the rates it charges for any service(s) provided on a month-to-month basis with written notice sent by mail or electronically via the Customer’s service(s) or other means provided, however, that changes in rates for tariffed services shall be effective upon the applicable tariff filing and such filing shall constitute notice to the Customer. If the Customer has an active contractual term Agreement active at the time of a MRC rate change, the Customer is exempt from that rate change, other than changes for CPI adjustments.
2. TERMINATION: Winn Telecom or the Customer has the right to terminate this Agreement for cause following written notice. The terminating party must specify the cause for termination and request correction within thirty (30) days. The other party then has a thirty (30) day period to make the correction. “Cause” is any material breach of the terms of this Agreement or violation of the Acceptable Use Policy (AUP) which is incorporated by reference and made part of the Agreement. The Agreement may also be terminated for cause without notice in accordance with applicable Tariffs on file with regulatory authorities. The termination for cause shall not be effective until the thirty (30) day period to correct the cause for termination has ended and the cause has not been corrected. Upon termination prior to the expiration of the term of the Agreement, the Customer agrees to pay early termination fees, described below.
If termination of services is prior to the service activation date, but after execution of this Agreement, early termination charges are those reasonable expenses incurred by Winn Telecom through the date of termination.
If termination of service(s) occurs after the service activation date and prior to the expiration of the Term of the Agreement (as defined in Section 1: Term), in whole or in part, the Customer understands their early termination fees will include the following:
- Any waived costs or fees incurred by Winn Telecom to deliver service(s)
- Any waived installation, OTCs and/or setup fees
- Revocation of all discounts provided on monthly recurring charges, including promotional pricing. Month-to-Month rates in effect as of the termination date will be applied to those services for the entire Term of the Agreement.
- Full undepreciated list cost of Equipment provided by Winn Telecom, if unrecovered, or not returned after ten (10) business days
- Costs for collections, including reasonable attorney’s fees
- A $50 (fifty) collections processing fee will apply if payment of final bill is not received within 30 days and additional collections efforts must be made by Winn Telecom personnel.
Month-to-Month service agreements may be terminated with thirty (30) days written notice to Winn Telecom by the Customer or by Winn Telecom to the Customer. In all cases where this Agreement is terminated, the Customer agrees that the Customer’s telephone number(s) in service with Winn Telecom will not be released to another service provider until all charges owed to Winn Telecom are paid.
3. EQUIPMENT: The Customer agrees that the installation, inspection, maintenance, repair, and/or removal of any equipment could result in service outages or potential damage to the Customer’s computer, computer network, data network, and/or the contents thereof. Accordingly, the Customer agrees that they are solely responsible for providing any needed back-up for the information and data in question, and that in no event will Winn Telecom, Winn Telecom employees, or other representatives of Winn Telecom (including contractors and their respective employees, business associates, affiliates, etc.) be liable for any consequential or inconsequential loss of the Customer’s information, data, income, and/or property.
Unless expressly identified as being sold to the Customer, title to all hardware and/or software provided by Winn Telecom in connection with this Agreement (hereby known as “the Equipment”) shall remain with Winn Telecom. Winn Telecom’s repair and maintenance obligations to its Equipment are limited solely to ordinary wear and tear and shall not include maintenance and/or repair necessary as a result of any other cause, including without limitation, vandalism, misuse, abuse, intentional or negligent acts, or omissions by the Customer or third parties. Maintenance and repairs related to such causes are the Customer’s sole responsibility and liability. The Customer shall provide appropriate space, power, and environment for, and take reasonable care of the Equipment and will take all reasonable precautions to prevent damage to the equipment. The Customer will be solely responsible and liable for the maintenance and repair of all equipment whether provided by the Customer or Winn Telecom. Unless expressly agreed to in writing by Winn Telecom and the Customer, the Customer will be solely responsible and liable for connection of the Customer’s computers and other equipment to the Equipment. All electronic equipment will be protected by industrial grade surge protectors. It is the Customer’s responsibility to ensure that all SIP-based phones will be located behind a firewall to safeguard them from intrusion by outside parties. It is also the Customer’s responsibility to adequately password protect all phones, (if applicable) to protect access from outside parties. Upon expiration or termination of this Agreement, the Customer shall return to Winn Telecom all Equipment within ten (10) business days following such expiration or termination. Winn Telecom will charge the Customer the undepreciated list price of the unreturned Equipment in addition to all applicable termination fees.
Any anti-virus and SPAM protection offered in connection with Winn Telecom’s service(s) are provided only by third party vendors and are subject to their warranties and limitations. No guarantees are made or provided that the service(s) will be virus- or spam-free or that the Customer’s equipment will be protected from network intrusions, viruses, spam e-mails, spyware, worms, Trojan horses, or other harmful components. The Customer is solely responsible for maintaining adequate security, firewalls, intrusion detection, anti-virus, anti-spyware, and other protections.
4. AUTHORIZATION AND SERVICE(S) ACCESS: Upon Winn Telecom’s acceptance of the Customer’s Service Order(s), Winn Telecom will provide the Customer with any applicable username(s), password(s), and user identification number(s). Usernames, passwords, and user identification number(s) are Winn Telecom’s property, and Winn Telecom may alter or replace them at any time as deemed necessary.
Only personnel specifically identified by the Customer are authorized users of the account and must comply with the Agreement. If no additional personnel are identified to Winn Telecom by the Customer, the Customer is the sole authorized user on the account. The Customer must keep all username(s), password(s), and user identification number(s) confidential so that no one else may access the service(s) through the Customer’s account. The Customer must notify Winn Telecom immediately upon discovering any unauthorized use of the account. Winn Telecom will also notify the Customer of any attempted or confirmed unauthorized account access.
5. CUSTOMER RELATIONS: By providing phone number(s) for contact purposes, the Customer authorizes Winn Telecom to contact them at such number(s) regarding their account using any means of communication, including but not limited to, calls (including prerecorded calls) and/or SMS text messages to a mobile device using an automated or predictive dialing device, even if the Customer will be charged by their mobile service provider.
The Customer hereby expressly grants Winn Telecom, Winn Telecom employees, or other representatives of Winn Telecom (including contractors and their respective employees, business associates, affiliates, etc.) permission to enter the Customer’s premises in order to install, maintain, inspect, repair, and/or remove Winn Telecom Equipment and/or service(s). The Customer understands that if requested by Winn Telecom, they or a person authorized to represent the Customer’s interests (18 years of age or older) be present during an appointment at a time selected by Winn Telecom.
The Customer acknowledges that the Internet is an ever-changing network not controlled by any single government or entity, but reliant upon the interconnectivity and operability of various networks. Accordingly, notwithstanding anything herein to the contrary, any internet access, as well as all services related to such access, are provided on an “as is” and “as available” basis. No advice or information given by Winn Telecom, Winn Telecom employees, or other representatives of Winn Telecom (including contractors and their respective employees, business associates, affiliates, etc.) shall create a warranty. Neither Winn Telecom, Winn Telecom employees, or other representatives of Winn Telecom (including contractors and their respective employees, business associates, affiliates, etc.) warrants that service will be uninterrupted or error-free or that any information, software, or other material accessible through the Internet is free of viruses, spyware, worms, Trojan horses, and/or other harmful components. The Customer also understands that the Internet contains unedited materials, some of which are explicit and/or offensive. Winn Telecom has no control over and accepts no responsibility whatsoever for any such materials. The Customer agrees that the Customer accesses such materials at the Customer’s own risk.
6. INTENDED USE OF THE SERVICE: The Customer agrees not to use or permit its users to use the service(s) provided by Winn Telecom in ways that violate laws, infringe the rights of others, interfere with the users of Winn Telecom’s network or other provider networks, or otherwise violate any terms of the Winn Telecom’s AUP.
The Customer agrees not to use the service(s) in a manner prohibited by any local, federal, or state law or regulation. The Customer further agrees to adhere to Winn Telecom’s AUP. Transmission of any material in violation of local, federal, or state law or regulation, including but not limited to, any copyrighted material, material protected by a trade secret, or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, is prohibited.
Use of an account that is classified by name, or pricing tier, as “residential or consumer” may not be used for high volume or commercial use (e.g. revenue generation, advertising, etc.) without the express written consent of Winn Telecom.
7. INTERNET PROTOCOL (IP) ADDRESS: IP addresses are not “portable” (transferrable to another service provider) and are not assigned for independent administration or distribution. The Customer understands the IP assignments are not guaranteed and may be modified as required by Winn Telecom and/or the American Registry for Internet Numbers (ARIN). The Customer cannot alter, modify, or tamper with the IP connection of provided IP addresses or any customer on the system.
8. RESTRICTIONS AND LIMITATIONS: The Customer agrees to limit their use of the service(s) to a single residence or single business. The Customer agrees that the following terms and restrictions apply to the service(s):
- Tariffed service(s) are provided in accordance with applicable tariffs. In the event of any conflict between the terms of the tariffs and this Agreement, the tariffs shall control. All Tariffs for Winn Telecom are on file with the Michigan Public Service Commission (MPSC) and/or the Federal Communications Commission (FCC) and may be found at telecommich.org/tariffs.
- Speed is not guaranteed. Actual data transfer, or “throughput”, may be lower than sync-rate due to Internet congestion, poor configuration, server or router speed limitations, protocol overheads, or other factors which cannot or may not be controlled by Winn Telecom.
- Customer agrees not to resell Winn Telecom Services in whole or in part to any third-party entity.
9. INSIDE WIRING AND COMPUTER HARDWARE / SOFTWARE INSTALLATION: The Customer acknowledges that the inability of Winn Telecom or its installation vendor to obtain access to the Customer’s premises or other operational impediments may preclude or delay delivery or installation of service(s). The Customer acknowledges that the installation representative of Winn Telecom may require inside wiring or additional equipment (either by the Customer or Winn Telecom) in order to complete service delivery at and agrees to pay an additional hourly charge or other fee where applicable. The Customer further acknowledges this charge will occur at the sole discretion of the installation representative. The Customer acknowledges that Winn Telecom may need to install hardware and/or software on the Customer’s computer or other hardware not provided by Winn Telecom at the customer premise. The Customer agrees that Winn Telecom, Winn Telecom employees, or other representatives of Winn Telecom (including contractors and their respective employees, business associates, affiliates, etc.) are not liable for any computer or hardware problems which may arise because of this.
10. DISCLAIMER OF LIABILITY: The service(s) provided by Winn Telecom are provided on an “as is” and “as available” basis. Winn Telecom will use reasonable efforts to provide service(s) in accordance with prevailing industry standards. Winn Telecom makes no warranty of any kind, expressed or implied, including but not limited to, any warranty of merchantability, fitness for a particular purpose or non-infringement, or any warranty regarding the reliability or suitability for a particular purpose of its service(s). The Customer understands and acknowledges that Winn Telecom exercises no control over the nature, content, or reliability for the information passing through its network. No oral or written information of advice given by Winn Telecom, its dealer, agents, or employees shall create a warranty and the Customer may not rely on such information or advice. Winn Telecom makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or data residing on or passing through any network. Use of any information obtained from or through service(s) provided by Winn Telecom will be at the Customer’s own risk. The Customer acknowledges that Winn Telecom is not liable for any errors or interruptions in the service(s), whether within or outside the control of Winn Telecom.
The Customer understands that telecommunications and/or network access service(s) may be temporarily unavailable for scheduled or unscheduled maintenance and for other reasons within and outside the direct control of Winn Telecom. Under no circumstances do any such errors, delays, loss of information, or interruptions in service(s) nullify or modify these Terms and Conditions. Winn Telecom reserves the right to refuse or terminate service(s) to a customer for any violation of a term or condition listed in this document, Winn Telecom’s AUP, or a subsequent modification of these Terms and Conditions or Winn Telecom’s AUP as determined by Winn Telecom.
In no event will Winn Telecom be liable to the Customer or to any third party for any damages or losses, including indirect, special, incidental, or consequential losses or damages, including without limitation, loss of revenue, loss of goodwill, or loss of profits arising in any manner from this Agreement and the performance or non-performance of Winn Telecom’s obligations stated in these Terms and Conditions or Winn Telecom’s AUP. The Customer’s sole remedy related to any defect or failure of service(s) is limited to a refund of the pro-rated portion of the monthly charges for the affected service(s) up to an aggregate maximum of one (1) month’s charges. Winn Telecom must have had previous knowledge and resolution of said failures as reported by the Customer for refunds to be reviewed and credited to the Customer’s account.
11. ENTIRE AGREEMENT: These Terms and Conditions together with the Service Orders and AUP, contain the entire agreement and understanding concerning the services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. Without prior notice to the Customer, these Terms and Conditions may be modified at any time by Winn Telecom. The latest version of the Terms and Conditions may be found at winntel.com. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial and administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. ASSIGNMENT AND SUCCESSORS IN INTEREST: All of the Terms and Conditions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of the Customer. This Agreement may be assigned by Customer only with the consent of Winn Telecom, which consent shall not be unreasonably withheld, and only if Customer is not delinquent in the payment of any charges or in default or in breach of the Agreement.
13. VENUE / CHOICE OF LAW: These Terms and Conditions shall be construed in accordance with the laws of the State of Michigan and The United States of America. Any claims or causes of action related to the Internet service must be instituted within one year after the claim or cause of action has arisen or will be barred.
14. SEVERABILITY: In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
15. INDEMNIFICATION: Customer shall indemnify and hold Winn Telecom harmless against all claims, losses, damages, and liabilities sustained by Winn Telecom resulting from, arising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant, or agreements made by or obligation of the Customer contained in these Terms and Conditions.