GlobalVision Master Terms & Acceptable Use Policy
GlobalVision Service: Customer agrees to purchase from DFJB, Inc. (Hereinafter “GlobalVision”) the Products and/or Services defined on the GlobalVision Service Order Form per the terms and conditions described herewith. Customer agrees to remain as a subscriber of the Service for the period identified from the beginning of the Agreement (date of Service activation) until the end of the Agreement. At the end of the initial term commitment, this Agreement shall be automatically renewed for successive one (1) year periods on the same terms and conditions contained herein, with the exception of the price of Services, and shall continue to be automatically renewed until terminated by either party as provided herein, notwithstanding should the price of services increase by an amount greater than one hundred and five percent (105%) of the previous billed amount, the customer shall have the right to terminate the agreement as described in the following section.
Termination: Notice of termination should be made in writing to GlobalVision at 5 Weldon Street, Greenville, SC 29609 no less than thirty (30) days prior to the expiration of any term of this Agreement.
Rights and Obligations of Customer: By signing these terms and conditions, Customer agrees to adhere to GlobalVision‘s Acceptable Use Policy and Service Agreement as posted at www.GlobalVision.net. In addition, GlobalVision’s services are only to be used for lawful purposes. Customer shall not transmit, retransmit or store material in violation of any federal, state, or local laws or regulations, including, but not limited to, obscenity, indecency, defamation, or infringement of trademark or copyright. Failure to comply with these obligations shall constitute violation of these terms and conditions and possible termination of this Agreement at GlobalVision’s discretion should the infringement not be rectified to GlobalVision’s satisfaction. If Customer operates hardware or software that GlobalVision determines may cause hazard, interference, or service interruption to GlobalVision provided equipment or services or the GlobalVision network, Customer shall immediately remove the offending hardware or software upon notice from GlobalVision.
Propriety Rights: GlobalVision grants Customer a non-exclusive, non-transferable license to use the Products and Services provided hereunder. Title, property rights, software licenses and hardware licenses and agreements, including all intellectual property rights to such Products and Services, are and shall remain with GlobalVision, whether or not they are embedded in any Product or Service. Customer recognizes that the Products and Services used hereunder constitute valuable trade secrets of GlobalVision. Customer will use its best efforts to product and keep confidential any and all Products and Services used by it and shall not attempt in any way to copy, examine, alter, re-engineer, tamper with, or otherwise misuse such Products and Services. In all cases the IP addresses assigned for Customer use remain the property of GlobalVision and shall revert back to same upon Customer termination.
Installation: Installation and one-time (Non-Recurring or NRC) charges set forth on the service order may be due upon order. Installation charges are nonrefundable. Customer shall complete all necessary preparations to permit installation, maintenance and operation of Products and Services provided hereunder unless otherwise specified in this Agreement or the Service Order, and shall provide to GlobalVision and its suppliers reasonable access to Customer’s premises including the point at which leased Telco services are provided to Customer. Customer is also responsible for any and all additional Telco charges arising as a result of necessity to reschedule Telco suppliers, as well as all Telco maintenance and diagnostics charges that may be needed. Once GlobalVision services have been installed, Customer shall be responsible for any fees associated with relocation of services if requested by Customer, including a onetime GlobalVision installation fee, and corresponding adjusted recurring Telco fees dependent on the geographical relocation. If at any time during this contract the Customer wishes to downgrade bandwidth, the Customer agrees to pay a minimum one-time downgrade fee of $750 and any applicable Telco fees. Fee is to be set by GlobalVision when downgrade order is confirmed.
Customer Premise Equipment - Purchased by customer: Customer is responsible for all maintenance and upgrades of equipment purchased from GlobalVision (manufacturer’s warranty may apply in some circumstances) or any other third party manufacturer. GlobalVision does not warranty interoperability, compatibility or performance of any hardware not provided by GlobalVision. Any unused hardware or software purchased from GlobalVision may be returned for a full refund, less a 20% restocking fee, within 15 calendar days of receipt by Customer, provided such items are unopened, in original packing, and in full working order, except that if Customer purchases equipment with a custom configuration, as detailed in an attachment hereto, it is not returnable by Customer.
Customer Premise Equipment – Provided by GlobalVision: In the event that GlobalVision provides GlobalVision-owned equipment to Customer in conjunction with service. (i) the configuration and type of equipment to be used shall be determined solely by GlobalVision (except that GlobalVision may agree to obtain a custom equipment configuration specifically for Customer as detailed in a separate attachment); (ii) GlobalVision shall provide the initial equipment configuration and verify operability with the GlobalVision network; (iii) Customer is responsible for operating the equipment within the parameters of the manufacturer’s specifications; and (iv) GlobalVision may choose at its sole discretion to provide software upgrades for hardware. Additional support of GlobalVision staff to reconfigure equipment once installed, should service be required due to Customer’s action, shall be chargeable to Customer at GlobalVision’s then-current support rates. In the event of failure of GlobalVision-owned equipment provided to Customer in conjunction with service, like equipment shall be provided by GlobalVision as promptly as reasonably possible via next business day delivery. In an Attachment hereto, GlobalVision may agree to a shorter replacement period. GlobalVision shall pre-configure equipment in conjunction with configuration guidelines. Once operability is verified, Customer shall return any faulty equipment to GlobalVision within 15 days of receipt of new equipment. Failure to do so shall result in the Customer being billed for the faulty equipment in the amount equal to vendor’s list price as determined by GlobalVision. At termination of the agreement, all GlobalVision-owned equipment must be returned in good working order within 30 days. Failure to do so shall result in liability to the Customer for the cost of replacement of the non-returned equipment in the amount equal to vendor’s list price as determined by GlobalVision.
Invoicing and Payment of Service: Initial rates for the services are set forth on the GlobalVision Service Order Form. The initial rates shall be in effect for the duration of the initial service commitment. During any renewal terms, the rates shall be those contained in the then current GlobalVision price list unless otherwise agreed by the parties. GlobalVision will invoice Customer for services in advance on a monthly basis, with the exception for those Customers receiving GlobalVision burstable services, charges for burstable services above and beyond the base tier rate are billed one month in arrears because such charges are based upon actual usage. Likewise, any other service which is used such as minutes, long distance and other similar measureable services, are also billed in arrears unless otherwise noted in writing on the Service Order Form. The price of the service described within does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer agrees to pay such taxes directly or reimburse GlobalVision for any such taxes. This bill is due and payable in full on the date shown on the bill. Customers also have the option of prepayment of services for term of Agreement.
Non-Payment / Customer Termination: A late charge of the lesser of 1-1/2% per month or the maximum rate permitted by law may be applied to each of Customer’s aggregated unpaid service bills not paid by the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay GlobalVision all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by GlobalVision in exercising any of its rights under the Agreement. Customer shall be responsible and will reimburse Company for GlobalVision installation charges at list price, telephone company or other service provider installation or any other charges, including monthly service charges, incurred by Company in the fulfillment of this Agreement if: (i) the Agreement is terminated after execution but prior to initiation of the Products and Services; or (ii) there is a delay in the initiation of the Products and Services that is caused, through action or inaction, by the Customer. If Customer terminates the Agreement after initiation of Products and Services, Customer will pay a lump sum equal to the charges for the remainder of the then current term of the Agreement but, except as described in the next sentence, in no case greater than one year. If the Customer is terminated by GlobalVision for violation of the Acceptable Use Policy, Customer shall pay immediately a lump sum equal to the charges for the remainder of the then current term of the Agreement.
Maintenance Window: GlobalVision maintains specified time periods during which it may perform necessary network maintenance and/or network upgrades. These specified time periods are referred to as ‘Scheduled Maintenance Windows’. In the event GlobalVision plans to bring down the Service or the Equipment during a Scheduled Maintenance Window, GlobalVision will provide a 24-hour notice to Customer in advance of the Scheduled Maintenance Window. In addition, GlobalVision reserves the right to perform any required maintenance work outside of the Scheduled Maintenance Window with a minimum of 12 hours notification to Customer. However, Customer understands that at any time GlobalVision may perform emergency maintenance as needed to preserve the overall integrity of the products and services offered as determined by GlobalVision with no notice.
Credit Information: Customer consents to standard credit check by GlobalVision in order to confirm credit-worthiness and to GlobalVision’s disclosure of account information to or from credit reporting agencies, credit bureaus, private credit reporting associations, or to or from other providers telecommunications services at any time during Customer’s service with GlobalVision.
Limitation Of Liability: GlobalVision exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages Customer suffers for any reason, including, but not limited to, loss or degradation of data resulting from delays, non-deliveries, wrong deliveries and any and all service interruptions whether caused by the acts and omissions of GlobalVision and its employees, of Customer or of any other party. GlobalVision makes no representation that it can provide uninterrupted service. Furthermore, GlobalVision shall have no liabilities other than the credits outlined within due to interrupted service unless caused by the gross negligence of GlobalVision. GlobalVision shall not be liable for acts or omissions of other carriers equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond its reasonable control. GlobalVision makes no warranties with respect to the products or services of any kind whatsoever, express or implied, expect as specifically provided in this agreement. The implied warranties of merchantability and fitness for any particular purpose are hereby disclaimed and excluded. GlobalVision shall not be liable to its customer or any third party for any special, punitive, incidental, or consequential damages. Any legal action arising out of the provision of GlobalVision’s services shall be brought within a period of one year of the occurrence or shall be deemed waived. Customer agrees to indemnify and hold harmless GlobalVision from any and all claims resulting from Customer’s use of the equipment or services which cause damage to Customer or any other party.
Transfer and Assignment: Neither party, other than for collateral purposes, may sell, assign or transfer this Agreement without the prior written consent of the other party, except that GlobalVision may assign this Agreement to any of its affiliates or any person who acquires substantially all of the assets of GlobalVision.
Governing Law: This agreement is governed by the laws of the state of South Carolina without regard to its choice of law provisions.
Acceptance: These Terms and Conditions of the “Agreement” together supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.