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Phillynet services are provided by Campus Technologies Inc. This is the Campus Technologies Inc Terms and Conditions for Service |
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Terms and Conditions The Customer named on the Service Request ("Customer", "you" or "your") and Campus Technologies Inc (“CTI”, "Company", "we" or "us") agree to the terms and conditions on the Service Request and below ("Agreement") for the provision of cable television service, high speed internet service, and/or phone service ("Services"). By signing a Service Request or using the Services, you agree to be bound by this Agreement. |
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ACCESS TO SUBSCRIBER'S PREMISES you agree to allow us and our agents the right, at reasonable times to enter upon the property at the address specified on the Service Request (the "Premises"), for purposes to installing, maintaining, upgrading, replacing and removing our equipment and auditing the Services you receive. MAINTENANCE AND OWNERSHIP OF EQUIPMENT All cable, phone and data home wiring, connectors and mounting hardware Installed by Company shall, upon installation become a fixture on the Premises and shall become the property of the owner of the Premises. you acknowledge ownership of such equipment. Ownership of Company installed wiring and facilities in MDU's shall be governed by any agreement between the Company and the building owner and applicable rules and regulations of the Federal Communications Commission ("FCC"). you shall be responsible for the repair and maintenance of any equipment you own or provide. We are not responsible or liable for any loss or impairment of Services due, in whole or in part, to the failure of any equipment you own or provide to work properly. Should any device or any facility owned or provided by you not comply with the technical specifications established by the FCC, we reserve the right to discontinue providing the Services until such non-compliance is corrected. IT IS UNLAWFUL TO ALTER OR TAMPER WITH ANY DEVICE BELONGING TO A CABLE TELEVISION COMPANY IN ORDER TO RECEIVE, INTERCEPT OR ASSIST IN RECEIVING, OR INTERCEPTING, ANy COMMUNICATION SERVICE OFFERED OVER A CABLE TELEVISION SYSTEM UNLESS SPECIFICALLY AUTHORIZED TO DO SO BY LAW OR THE CABLE TELEVISION OPERATOR. VIOLATORS ARE SUBJECT TO FINES AND/OR IMPRISONMENT. RATES AND CHARGES Recurring service and equipment charges are billed one month in advance. Long Distance telephone charges are billed a month in arrears. you agree to pay all applicable charges for Services rendered and Company Equipment up to the date such equipment is returned. All charges are due by the 20th of each month. Rates for Services and other charges may be changed by us at any time, subject to applicable law. We shall furnish to you at any time, upon request, a list of our current rates and charges. We shall issue a credit or refund for any billing error, which is brought to our attention by you within sixty (60) days of the invoice date. The issuance of a credit or refund, if any, for errors brought to our attention beyond sixty (60) days will be at our sole discretion. Any adjustments to your invoice under this paragraph or paragraph 4 shall be in the form of a credit. your invoice may also contain charges for other services provided by us or our subsidiaries or affiliates. If we receive partial payment of any such invoices, we will apply such payment in the amounts and proportions to the outstanding charges as we determine. Payment of invoices must be made in a single payment, i.e. one check, one credit card payment, etc. Invoices paid by multiple (more than one) check, credit card or other form of payment will result in a $5.00 processing fee being charged to the account. This fee will be charged each month that multiple payments are received on an invoice. If you fail to pay your invoice on time, we may disconnect Services. If Service is disconnected, you may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. In addition, unpaid invoices are subject to administrative and/or late fees. Any such fees assessed are not an extension of credit, interest or a finance charge. If we are required to use a collection agency or attorney to collect money that you owe us or assert any other right we may have under this Agreement, you agree to pay our reasonable costs of collection or of any action to enforce our rights, including without limitation, attorney’s fees and court costs. No acceptance of partial payment by us shall constitute a waiver of our right to collect the full balance owing. DISRUPTION OF SERVICE We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power: or any court order, law, act or order of government restricting or prohibiting the operation or delivery of Service. In all other cases of Service interruption, you shall be entitled upon request, provided it is made within thirty (30) days of such interruption, to a pro-rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption. EXCEPT AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY LAW, SUCH CREDIT SHALL BE YOUR SOLE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. AUTHORITY you represent and warrant that you are the owner of, or a tenant in, the Premises and have authority to enter into this Agreement and abide by its terms. you agree to indemnify and hold us harmless from any claims arising from a breach of the previous sentence. ASSIGNABILITY This Agreement and the Service furnished hereunder may not be assigned by you. you agree to notify us of any changes of ownership or occupancy of the Premises immediately upon such transfer of ownership or occupancy. We may freely assign our rights and obligations under this Agreement. PROGRAM SERVICE you acknowledge and agree that we have the right at any time to preempt, without prior notice, specific programs or services advertised as available and to determine what substitute programming or services, if any, shall be provided. We may at our discretion, make additions, deletions or modifications to our current and future program line-ups without liability to you. We shall not be liable for failure to deliver any programming or services, except as provided in paragraph 4 above. REFUNDABLE DEPOSIT We acknowledge the receipt of the refundable deposit, if any, specified on your Service Request, We may also require a deposit after Service activation if you fail to pay any amounts when due hereunder. Within thirty (30) days of Service disconnection we shall return a sum equal to the deposit, without interest unless otherwise required by law, minus any amounts due on your account including without limitation, any amounts owed for unreturned or damaged Company Equipment. TERMINATION This Agreement and the Service provided hereunder may be terminated: (a) by us at any time without prior notice (i) if you fail to comply in full with its terms, (ii) you breach any other agreement you have with us or our affiliates, or (iii) if we lose the right or ability to use rights-of-way necessary to provide Service to you; or (b) by you, in writing, at least 7 days in advance, provided that all outstanding amounts are paid in full and all Company Equipment is returned by you as specified in section 2. you agree that you shall be responsible for and pay all charges for Services rendered up to the end of the month such equipment is returned. Account charges will not be pro-rated for termination in the middle of the month; all billing for Service will be on a month to month basis only. In the event we terminate this Agreement, restoration of Service shall be solely at Company's discretion and on such terms as we determine are necessary to resume Service on a commercially reasonable basis. LIMITATION OF WARRANTY COMPANY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. USE OF SERVICE You agree not to use the Service or the programming we furnish except for non-commercial home use, unless otherwise specifically authorized by us in writing. you shall not use the Company Equipment or the Service, directly or indirectly, for any unlawful purpose. Use of the Company Equipment or Service for transmission or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. In addition to the foregoing, you acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service. TAXES You agree to pay all taxes, including, but not limited to, all sales, excise, real and personal property taxes, which may be levied or imposed by any government. MANDATORY AND BINDING ARBITRATION EXCEPT AS PROVIDED BELOW, ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS RULES FOR THE RESOLUTION OF COMMERCIAL DISPUTES, AS MODIFIED By THIS AGREEMENT, AND JUDGMENT ON THE AWARD RENDERED By THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; PROVIDED, HOWEVER, THAT THIS ARBITRATION CLAUSE SHALL NOT LIMIT THE COMPANY'S RIGHT TO FILE A LAWSUIT (OR TAKE OTHER MEASURES) TO RECOVER SUMS DUE TO THE COMPANY AS A RESULT OF CUSTOMER'S FAILURE TO MAKE PAYMENTS FOR SERVICE OR TO PREVENT THE UNAUTHORIZED RECEPTION OF SERVICE. EACH CLAIM OR CONTROVERSY SUBJECT TO ARBITRATION UNDER THIS AGREEMENT SHALL BE ARBITRATED BY THE CUSTOMER ON AN INDIVIDUAL BASIS AND WILL NOT BE COMBINED OR CONSOLIDATED OR MADE PART OF A CLASS ACTION WITH THE CLAIM OF ANY OTHER CUSTOMER. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND FEES, INCLUDING, WITHOUT LIMITATION, COUNSEL FEES, INCURRED IN THE CONDUCT OF THE ARBITRATION. THE ARBITRATOR MAY NOT VARY THE TERMS OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE ARBITRATOR HAVE AUTHORITY TO AWARD PUNITIVE DAMAGES OR ANY OTHER SUMS WHICH EXCEED THE PREVAILING PARTY'S ACTUAL DAMAGES, NOR SHALL ANY PARTY SEEK PUNITIVE OR OTHER DAMAGES RELATING TO ANY MATTER ARISING OUT OF THIS AGREEMENT IN ANY OTHER FORUM. IF FOR SOME REASON THE ARBITRATION REQUIREMENTS DO NOT APPLY. THE CUSTOMER AND THE COMPANY EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. LIABILITY OF CUSTOMER you shall be responsible and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable attorney's fees and costs) incurred by us in connection with any claims, suits, judgments and causes of action arising out of (i) your use of the Service; (ii) infringement of patents or other proprietary rights arising from combining or using in connection with the Service any unauthorized apparatus or system; and (iii) your breach of any provision of this Agreement. SUBSCRIBER PRIVACY NOTICE As a subscriber to our services, you are entitled under Federal law to certain privacy notices. We have enclosed the subscriber policy notice with this package of information. MISCELLANEOUS This Agreement constitutes the entire agreement between you and the Company No undertaking, representation, or warranty made by any agent or employee of Company in connection with the installation, maintenance or provision of Service which is inconsistent with the terms of this Agreement, shall be binding on Company. Company may amend this Agreement on thirty (30) days prior notice to you and such amendment may be provided to you in hard copy, delivered via your television or any other available electronic means, as determined in our sole discretion. your election to continue receiving the Service thereafter shall be deemed to constitute your acceptance of such amendment. No alteration or modification of the terms of this Agreement by you shall be accepted and each alteration or modification shall be void. If any provision of this Agreement is determined to be illegal or unenforceable by a court, such provision shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. If any provision of this Agreement conflicts with a provision of an applicable ordinance or other government regulation, the provision in such ordinance or regulation, to the extent of such conflict, shall apply Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement. This Agreement and all matters relating to the validity construction, performance and enforcement are governed by applicable federal law, the rules and regulations of the FCC and applicable laws, regulations or ordinances for the state and local areas where Service is provided. Service Complaints/Requests and Procedures Cable Signal Quality Complaints If you experience a problem with picture or signal quality, you should review your television and/or VCR owner's manual for proper adjustment. If the problem does not clear up, you may put in a Service Request to CTI. In order to correct the problem, we may need access to your premises. We will make all reasonable efforts to resolve any complaints you have concerning the quality of our signals promptly and efficiently. If our service technician is unable to correct the problem to your satisfaction we will, at your request, schedule a second Service Request. If we remain unable to correct the problem you will be notified of this fact and the reason why. If you are dissatisfied with our resolution of your complaint, you may contact us to discuss your complaint. Service Requests/Complaint Procedures All Service Requests must be made to our office:
Service Requests will be handled on a “first come, first serve” basis in the following order:
Every effort will be made to repair outages within 24 hours and other problems within 48 hours, however, repair times may be affected by;
Service problems due to a failure of or problem with Campus Technologies equipment or networks will be repaired free of charge. Service Problems deemed to be the fault of the subscriber or the subscribers’ equipment will be billed at the rate of $45.00 per half hour. Please have the following information ready when making a Service Request:
Complaints must be presented in writing to: Customer Service: Complaints Campus Technologies Inc. 4119 Walnut Street, Suite 100 Philadelphia, PA 19104 Previews During the course of the year, we may offer a "Free Preview" of a premium channel. If you find any of the programming objectionable, you may call us and we will block out the Free Preview channel(s). Equipment Compatibility As a part of our efforts to keep our subscribers informed, we are pleased to provide the following important information regarding the equipment that you use to receive the cable television service, and to help you resolve any technical problems between the equipment that we provide and your own video equipment. Televisions and VCR Compatibility Many newer television sets and videocassette recorders (VCRs) are labeled "cable ready." Typically, a cable ready television or VCR is one which, when connected directly to cable service, can receive all unscrambled, non-premium channels (premium channels include such channels as HBO and Showtime). Older televisions and VCRs are more likely to be non-cable ready, which means they generally receive only some numbered channels (usually channels 2-13). Even if you have an older television or VCR that was advertised as being 'cable ready" or "cable compatible," the equipment may not perform as you expected when connected directly to our cable system. This is because there previously were no standards applicable to television set manufacturers governing the reception of cable channels. According to new federal regulations, televisions and VCRs sold in the United States as of July 1997 cannot be called "cable ready" or "cable compatible" unless they comply with the new technical requirements adopted by the FCC, including the ability to properly receive tuned cable channels. Existing equipment may meet some, but not all of these standards and connecting our cable service directly to such equipment may cause signal degradation or interference. If you are not sure whether your television or VCR is "cable ready", you should review the equipment manual and instructions, or contact the manufacturer. If your equipment is not fully cable ready, you can still receive all standard cable channels offering non-scrambled or non-encrypted programming by renting or purchasing a single set-top converter without descrambling or decryption capabilities. you may purchase set-top converters at electronic stores or other retail outlets in your area. High Speed Internet Compatibility There are many factors involved with Internet connection compatibility including: CPU Type/Speed, Operating System, Memory, Ethernet/PCMCIA card, PCI slot availability, USB port availability and many other factors beyond our control. Every effort will be made to connect and optimize your system connectivity however no guarantee either express or implied is made on system compatibility or connection quality due to these circumstances. Connection speeds are approximate and are in no way guaranteed due to the large number of factors that affect connection speeds. These factors include, but are not limited to: Operating system, CPU Type/Speed, Server Speed, Distance and other factors beyond our control. Service Changes and Installation Subject to applicable law, we have the right at any time to change the services and equipment that we offer to you, as well as prices and fees for such services and equipment. We may also rearrange, delete/add to or otherwise change the service provided on any level of service offered by us. If the change affects you, we will provide you notice of the change and its effective date. The notice may be provided on your monthly bill, as a bill insert, in a newspaper or by any other permitted communication. If you find the change unacceptable, you have the right to cancel your service. However, if you continue to receive service after the effective date of the change, we will consider this acceptance of the change. Standard installations and Service Changes are generally completed within seven (7) business days. Service Changes (additions, removals and or disconnections) and Installation requests must be authorized IN WRITING by the account holder. If you initiate a change in the services you receive, you may be subject to the applicable installation fees or change of service charges. you may obtain information about our current services, fees and prices by calling us during normal business hours or by visiting our web site www.phillynet.net.
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