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HomeMy WebLinkAbout2008-192Letter of Election /? O8 309 �oc9 Indian River County requests BellSouth Telecommunications, Inc. ("Company") to provide the following Service at Subscriber locations as detailed in the Service Attachment attached hereto and incorporated herein by reference. The Service included in this Agreement is: BellSouth® 9=14 PinPoint® service The Company will provide the requested Service under the terms and conditions stipulated in the governing tariff, including any changes therein as may be made from time to time. Tariff references providing the basis for this Agreement are detailed in the Service Attachment. Important tariff provisions relating to the requested Service include, but are not limited to: 1. The Company will furnish, install, and maintain the Service in accordance with the Company's lawfully filed tariffs. The service period shall begin 30 days from the date of contract acceptance, and billing begins ("Service Period"), unless specified otherwise in the tariff. 2. The Subscriber agrees to pay the Company for the provision of the Service based on the length of term described in the tariff. This monthly rate will continue for the Service Period and will not be subject to Company initiated change during this period. The minimum service period for the service is sixty (60) months. 3. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment, 4. In the event the Service is terminated prior to the expiration of the Service Period, the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff or in the applicable promotion filing. The appropriate tariff sections shall govern moves of service, upgrades to a higher level of service, and changes in jurisdiction. 5. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service, the Company agrees to do so under the terms and conditions of the tariff and the Subscriber agrees to pay any additional charges resulting from the change or addition. 6. In the event the Service requested by the Subscriber is cancelled prior to establishment of Service, but after the date or ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation is received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 7. The Subscriber agrees to pay any added costs incurred by the company due to Subscriber4nitiated change in the location of the requested Service prior to the time the Service is installed. 8. This Agreement shall be extended for additional one-year terms under the terms and conditions provided in the tariff unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. lniti16I: Da#e: une 17, 2008 ELL O i L1 Page 1 of 5 ii Jv l l f PW May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Letter of Election 9. Suspension of Service is not permitted for the requested Service. 10. Service may be transferred to another Subscriber at the tame location upon prior written concurrence from the Company. The new subscriber to whom the Service is transferred will be subject to all tariff provisions and equipment configurations currently in effect for the present Subscriber. 11. Surcharges, such as end user common lin service charge, etc., that may be included the Agreement's terms and conditions and ., local number portability, federal universal n an Agreement Attachment, are not affected by are subject to change. 12. Should any state or federal legislative or regulatory authority with appropriate jurisdiction determine that any or all of the Regulated Services provided hereunder should no longer be regulated or provisioned under previously applicable tariffs, and provided it is otherwise permissible under applicable state or federal law, the Parties agree that their respective provision and purchase of such Regulated Services shall thereupon be governed by the terms and conditions of this Agreement. The Subscriber is responsible for assuring that its authorized users comply with the provisions of these terms and the tariffs and that unauthorized persons do not gain access to or use the Services through user names, passwords, or other identifiers assigned to Subscriber pursuant to these terms. Specifically, Subscriber must keep User IDs, passwords, and any security token(s) that may be provided secure from use by any unauthorized individual. Subscriber shall also not use the Services in any way that would be or would assist any third party to be in violation of any law or these terms. Subscriber shall comply with all applicable laws, rules, and regulations in connection with the Services. Subscriber shall provide such information and assistance as are reasonably requested by BellSouth for purposes of facilitating BellSouth's provision of Services to Subscriber. Finally, Subscriber shall be liable to BellSouth and its suppliers for any damages related to violations of this agreement. Initial: Date: June 17, 2008 BIPIL OM �ZofS Pdva6slProprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a ii i Letter of Election State Specific Terns Select state where service will be provided under this Agreement. State specific terms may apply: ❑Louisiana []Alabama []Georgia ❑Kentucky ❑Mississippi ONorth Carolina OSouth Carolina Subscriber and BellSouth acknowledge and agree that to the extent the services to which Subscriber subscribes under this Letter of Election are provided in Alabama, Georgia, Kentucky, Mississippi, North Carolina, and South Carolina, all references to "BellSouth's General Subscriber Services Tariff," "BellSouth tariffs," 'BellSouth's lawfully filed tariffs" or any other reference to BellSouth's tariffs, whether in the body of this Agreement or in the Service Attachment shall be deemed references to agreed contract terms and conditions applicable to the Services) identical to those set forth in BellSouth's Service Descriptions and Price Lists, available at http://cpr,bellsouth.com/bsttproduct line.htm and incorporated herein by reference as if included fully herein. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and the Service Attachment and those incorporated herein by reference, the terms set forth in the body of this Agreement and the Service Attachment shall govern. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms. By signing or indicating acceptance, Subscriber acknowledges and accepts all terms of the Agreement as set forth above, including all terms set forth in the "Service Descriptions and Price Lists found at httpd/cpr.bellsouth,conVbst/product line.htm, as applicable. []Tennessee In the event that the Subscriber terminates this tariff term plan without cause prior to the expiration of this term plan, the Subscriber shall pay a termination charge as specified in the BellSouth Tariffs (Section A2.4.10.E.1 and B2.4.9.A.4, available on the Web at http://cpr.bellsouth.com/pdittn/tn.htm). Subscriber and BellSouth acknowledge and agree that to the extent the services to which Subscriber subscribes under this Letter of Election constitute a "bundle or combination of products or services" under Tennessee Senate Bill 182/House Bill 593, effective June 1, 2005, all references to "BellSouth's General Subscriber Services Tariff", "BellSouth tariffs", "BellSouth's lawfully filed tariffs" or any other reference to BellSouth's tariffs on file with the Tennessee Regulatory Authority shall be deemed references to agreed contract terms and conditions identical to those set forth in the applicable tariff(s) for the services included within the Subscriber's bundle or combination, as such tariffs existed on May 31, 2005, and which are on file with the TRA. Such tariffs are incorporated herein by reference as if included fully herein and can be reviewed at http:/Awiw.bellsouth.com. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms set forth in the body of this agreement shall govern. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms. By signing or indicating acceptance, Subscriber acknowledges and accepts all terms of the Agreement as set forth above, including all terms set forth in the "Service Descriptions and Price Lists found at http://cpr.bellsouth,com/bsttproducLline.htm, as applicable. Initial. Date: June 17, 2008 0 BELLSOUTH �� T Page 3 of 5 JV[J pMvatelPropdetary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Letter of Election This, agreement is effective when executed by the subscriber and accepted by the Company. Subscriber Name Indian River Antx Signature June 17, 2008 Printed Name Sandra L. Bowden Title Chairman of the Board BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signaturer��!��r- Date: %/epY/r Printed Name �n��&qA4j22!�*0#qcqW!r Title T e,41 — /`. A ELLSO T Page 4 of 5 !!JJ �+ vv PrivatWroprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Letter of Election 944 PinPoinfl!) service State: Florida Service Period: 60 months The attached price quote includes all rate elements required for: 9=14 PinPoint(ID service Attachment #1 Those subject to rate stabilization are indicated in the General Subscriber Services Tariff or Service Descriptions and Price Lists, as applicable. Other charges mandated by Federal, State, or Local statutes may also apply. (Attach price quote to the letter of Election) Initial. Date: June 17, 2008 @ BELLSOUTHNge5 of 5 PrivsWPropNeUry May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Department�� Initial. Date: June 17, 2008 @ BELLSOUTHNge5 of 5 PrivsWPropNeUry May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement