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Charter Business - Business Internet Service1111111111111 Charter °R Business BUSINESS INTERNET SERVICE AGREEMENT This Service Agreement ( "Agreement ") is made on September 11, 2006 ( "Effective Date ") by and between Falcon Cable Systems Company II, L.P. , ( "Charter Business" or "Charter ") with local offices at 8120 Camino Arroyo, CA. 95020 and CITY OF GILROY, ( "Customer ") with offices located at 7351 ROSANNA ST, GILROY, CA 95020 -6141. Both parties desire to enter into this Agreement in order to set forth the general terms under which Charter is to provide Customer with Charter's services ( "Service" or "Services ") to Customer site(s), the scope and description to be specified per site below, which shall be incorporated in this Agreement upon execution. This Agreement will be effective after presentation by Charter to and signature by Customer. SERVICE ORDER Under the Business Internet Service Agreement CUSTOMER INFORMATION: Account Name: CITY OF GILROY Invoicing Address: 7351 ROSANNA ST, GILROY, CA 95020 Invoicing Special Instructions: _Attention IT Department Customer Federal Tax ID #: 1. SITE- SPECIFIC INFORMATION: Order Type: New Service Service Location (Address): 7351 ROSANNA ST, GILROY, CA 95020 -6141 Service Location Name (for purposes of identification): Service Location Special Instructions: ❑✓ Non - Hospitality or Non -Video Customer Contact Information. To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting the enforceability of the terms and conditions herein: CONFIDENTIAL: :00600000007JE19 Billing Contact Site Contact Technical Contact Name- Martin Quiroz Dwane Camp -Dwane Camp Phone 408 - 846 -0237 408 - 846 -0413 408 - 846 -0413 Fax 408- 846 -0500 408- 846 -0500 408- 846 -0500 Cell Pager Email Address mquiroz @ci.gilroy.ca.us dcamp @ci.gilroy.ca.us dcamp @ci.gilroy.ca.us CONFIDENTIAL: :00600000007JE19 MONTHLY SERVICE FEES: Data Services: Base Service $79.99 Speed: 3 / 384 (Down /Up) CPE: (For Charter internal purposes only - Campaign Source (if applicable): ) ONE -TIME CHARGES: One -Time Standard Installation Fee: $0.00 ONE -TIME CHARGES $0.00 2. TOTAL FEES. Total Monthly Service Fees of $79.99 are due upon receipt of the monthly invoice. 3. SERVICE PERIOD. The initial Service Period of this Service Order shall begin on the date installation is completed and shall continue for a period of 36 months. Upon expiration of the initial term, this Service Order shall automatically renew for successive one -month terms unless either party terminates this Service Order by giving thirty (30) days prior written notice to the other party before the expiration of the current term. 4. CONFIDENTIALITY. Customer hereby agrees to keep confidential and not to disclose directly or indirectly to any third party, the terms of this Service Order or any other related Service Orders, except as may be required by law. If any unauthorized disclosure is made by Customer and /or its agent or representative, Charter shall be entitled to, among other damages arising from such unauthorized disclosure, injunctive relief and a penalty payment in the amount of the total One -Time Charges associated with this Service Order, and Charter shall have the option of terminating this Service Order, other related Service Orders and /or the Service Agreement. 5. FACSIMILE. A facsimile of a duly executed Agreement and Service Order signed by both authorized parties shall be considered evidence of a valid order and Charter may rely on such facsimile copy of the Agreement and Service Order as if it were the original. NOW THEREFORE, Charter and Customer agree to the terms and conditions of this Agreement, including the Standard Terms of Service which are posted to the Charter website, www.charter - business.com, which Customer acknowledges and agrees that Customer has read. Customer's continuous use of the Service(s) after the implementation of any charge(s) andard Terms of Service, which may change from time to time, shall reflect Customer's agreement thereto. Customers all ha right to terminate this Service Order in the event Customer objects to any material change to the Stand �ice hat adversely affects Customer's rights under this Agreement by providing Charter with written notice within sixty nge and pr ovided that Customer pays any unpaid or previously by waived one -time charges. Customer Initials: Customer accepts and executes this Agreement by its duly authorized representative, and 0qstomer u derstands that such signature on Customer's behalf on th' lateral contract shall bind Customer and Charter to the terms 1530reoLatid that signature by an authorized represen v no n ry to effect the agreement of the parties hereto provided that this Agreement has baBazQwplet harter for to presen tion to Customer. By: e: Charter Business Account Executive: Name: Kathleen O'Malley Sales Code: CONFIDENTIAL: :00600000007JElg Telephone: (408) 846 -3742 Fax: 408 - 847 -2993