Installation; Equipment and Cabling. (a) If you are not the owner of the office, building or other premises upon which the Ziply Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Ziply Fiber personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Ziply Fiber harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees). (b) You authorize Ziply Fiber to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Ziply Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect , maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premises. (c) The Ziply Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber and you agree that you do not become an owner of any Ziply Equipment by virtue of the payments provided for in the Agreement or the attachment of any portion of the Ziply Equipment to your residence or otherwise. You will not remove any markings or labels from the Ziply Equipment indicating ownership or serial or identification numbers. (d) You will not use the Ziply Equipment for any purpose other than to use the Services in accordance with the Agreement. Ziply Fiber will repair and maintain all Ziply Equipment during the term of the Agreement. You will not allow the Ziply Equipment to be serviced by anyone other than Ziply Fiber or its agents. You will not sell, transfer, lease, encumber or assign the Ziply Equipment to anyone. If any Ziply Equipment is lost, stolen, unreturned, damaged, or otherwise disposed of by you, you will pay Ziply Fiber the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You will not relocate the Ziply Equipment to any other location and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation. (e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment). (f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tear) upon termination of the Service. If you do not promptly return the Ziply Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipment. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it. (g) If you use Customer Equipment with the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.
Appears in 1 contract
Installation; Equipment and Cabling. (a) If you are not the owner of the office, building or other premises upon which the Ziply Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Ziply Fiber personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Ziply Fiber harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees).
(b) You authorize Ziply Fiber to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Ziply Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect inspect, maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premises.
(c) The Ziply Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber and you agree that you do not become an owner of any Ziply Equipment by virtue of the payments provided for in the Agreement or the attachment of any portion of the Ziply Equipment to your residence or otherwise. You will not remove any markings or labels from the Ziply Equipment indicating ownership or serial or identification numbers.
(d) You will not use the Ziply Equipment for any purpose other than to use the Services in accordance with the Agreement. Ziply Fiber will repair and maintain all Ziply Equipment during the term of the Agreement. You will not allow the Ziply Equipment to be serviced by anyone other than Ziply Fiber or its agents. You will not sell, transfer, lease, encumber or assign the Ziply Equipment to anyone. If any Ziply Equipment is lost, stolen, unreturned, damaged, or otherwise disposed of by you, you will pay Ziply Fiber the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You will not relocate the Ziply Equipment to any other location and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation.
(e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment).
(f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tear) upon termination of the Service. If you do not promptly return the Ziply Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipment. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it.
(g) If you use Customer Equipment with the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating to the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD NONSTANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.YOU
Appears in 1 contract
Samples: Subscriber Agreement
Installation; Equipment and Cabling. (a) If you are I am not the owner of the office, building or other premises upon Service Site in which the Ziply Gold Coast Broadband Equipment is and Software are to be installed, you I warrant that you I have obtained the consent of the owner of the premises Service Site for Ziply Fiber Gold Coast Broadband personnel and/or its agents to enter the premises Service Site for the purposes described in this AgreementSection 4(d). You I agree to indemnify and hold Ziply Fiber the Gold Coast Broadband Parties harmless from and against any claims of the owner of the premises Service Site Gold Coast Broadband Business Services Subscriber Agreement Revision Date – May 2017 arising out of the performance of the this Agreement (including costs and reasonable attorneys’ fees).
(b) You I authorize Ziply Fiber Gold Coast Broadband to make any preparations to the premises Service Site necessary for the installation, maintenance maintenance, or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber Gold Coast Broadband shall not be liable for any effects of normal Service Services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the Ziply Gold Coast Broadband Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect , maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premisesGold Coast Broadband.
(c) The Ziply Gold Coast Broadband Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber Gold Coast Broadband, and you I agree that you I do not become an owner of any Ziply Gold Coast Broadband Equipment by virtue of the payments provided for in the this Agreement or the attachment of any portion of the Ziply Gold Coast Broadband Equipment to your residence the Service Site or otherwise. You Upon termination of any Services, subject to any applicable laws or regulations, Gold Coast Broadband may, but shall not be obligated to, retrieve any associated Gold Coast Broadband Equipment not returned by me as required under Section 4(f) below. Gold Coast Broadband will not remove any markings or labels from be deemed to have “abandoned” the Ziply Gold Coast Broadband Equipment indicating ownership or serial or identification numbersif it does not retrieve such equipment.
(d) You will I agree to provide Gold Coast Broadband and its authorized agents access to the Service Site during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter or disconnect or remove the Gold Coast Broadband Equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that Gold Coast Broadband may have reasonable access to easements and Gold Coast Broadband Equipment located on my grounds. Gold Coast Broadband shall have the right to upgrade, modify and enhance Gold Coast Broadband Equipment and Software from time to time through “downloads” from Gold Coast Broadband’s network or otherwise. Without limiting the foregoing, Gold Coast Broadband may, at any time, employ such means to limit or increase the throughput available through individual cable modems whether or not provided by Gold Coast Broadband.
(e) If the Services are terminated, I agree that I have no right to possess or use the Ziply Gold Coast Broadband Equipment related to the terminated Services. I agree that I must arrange for the return of Gold Coast Broadband Equipment to Gold Coast Broadband, in the same condition Gold Coast Broadband Business Services Subscriber Agreement Revision Date – May 2017 as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not promptly return the Gold Coast Broadband Equipment or schedule with Gold Coast Broadband for its disconnection and removal, Gold Coast Broadband may enter any premises where the Gold Coast Broadband Equipment may be located for the purpose of disconnecting and retrieving the Gold Coast Broadband Equipment. I shall pay any expense incurred by Gold Coast Broadband in any retrieval of the unreturned Gold Coast Broadband Equipment. Gold Coast Broadband may charge me a continuing monthly fee until any outstanding Gold Coast Broadband Equipment is returned, collected by Gold Coast Broadband or fully paid for by me in accordance with Section 4(g). The current fee can be provided on request.
(f) I agree to pay Gold Coast Broadband liquidated damages in the amount stated for the replacement cost of the Gold Coast Broadband Equipment without any deduction for depreciation, wear and tear or physical condition of such Gold Coast Broadband Equipment if
(i) I tamper with, or permit others to tamper with, Gold Coast Broadband Equipment, (ii) the Gold Coast Broadband Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the Gold Coast Broadband Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable Services; the ability of third parties to steal Services with unlawfully obtained Gold Coast Broadband Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of Gold Coast Broadband Equipment. I agree to return any damaged Gold Coast Broadband Equipment to Gold Coast Broadband.
(g) I agree that Gold Coast Broadband may place equipment and cables on the Service Site to facilitate the provision of Services to me and to other locations in my area. The license granted under this section will survive the termination of this Agreement until the date that is one year from the date on which I first notify Gold Coast Broadband in writing that I am revoking such license.
(h) In order to use the VoIP Service, you may be required to provide certain equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. If Gold Coast Broadband cannot get access to your inside phone wiring, you will need a Gold Coast Broadband Business Services Subscriber Agreement Revision Date – May 2017 cordless phone to use our Services throughout the Service Site.
(i) You represent that you either own the Customer Equipment or have the right to use that equipment in connection with the Services. Gold Coast Broadband shall have no obligation to provide, maintain, or service the Customer Equipment. Any Customer Equipment that you use in connection with the Services must meet Gold Coast Broadband’s current minimum technical and other requirements. Those requirements are posted on the website at xxx.xxxxxxxxxxxxxxxxxx.xxx (or on an alternative site if we so notify you). The requirements may be revised by Gold Coast Broadband from time to time. If you install or use in connection with the Services Customer Equipment that does not meet the minimum technical or other requirements described above (a “ Non-Recommended Configuration”), you agree the following limitation of liability shall apply: NEITHER GOLD COAST BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD DAMAGE CUSTOMER EQUIPMENT. NEITHER GOLD COAST BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH
(k) Gold Coast Broadband Equipment will at all times remain the property of Gold Coast Broadband or its designee. You acknowledge that Gold Coast Broadband Equipment is merely a means for us to provide you the Services and that Gold Coast Broadband may remove or change it at its discretion. You agree not to use Gold Coast Broadband Equipment for any purpose other than to use the Services in accordance with the this Agreement. Ziply Fiber Gold Coast Broadband will repair and maintain all Ziply Gold Coast Broadband Equipment during the term of the this Agreement. You agree that you will not allow the Ziply Gold Coast Broadband Equipment to be serviced by anyone other than Ziply Fiber Gold Coast Broadband employees or its agents. You will agree not to sell, transfer, lease, encumber encumber, or assign all or any part of the Ziply Gold Coast Broadband Equipment to anyoneany third party. If any Ziply Gold Coast Broadband Equipment or part thereof is lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or otherwise disposed of by youassigned, you will agree to pay Ziply Fiber Gold Coast Broadband the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its Gold Coast Broadband Business Services Subscriber Agreement Revision Date – May 2017 replacement. You will shall not relocate the Ziply Gold Coast Broadband Equipment to any other location location. At your request, Gold Coast Broadband may relocate the Gold Coast Broadband Equipment within the Service Site for an additional charge, at a time agreeable to you and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation.
(e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment).
(f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tear) upon termination of the ServiceGold Coast Broadband. If you do not promptly return change Service Sites, you must contact Gold Coast Broadband for information on whether the Ziply Gold Coast Broadband Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where and Services can be transferred to your new Service Site and what the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipmentrelocation will cost. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it.
(g) If you use Customer Equipment with wish to disconnect the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time contact Gold Coast Broadband for information on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating the Nonstandard Equipment, necessary procedures and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENTcost.
Appears in 1 contract
Installation; Equipment and Cabling. (a) If you are not the owner of the officehouse, building apartment or other premises upon which the Ziply Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Ziply Fiber personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Ziply Fiber harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees).
(b) You authorize Ziply Fiber to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Ziply Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect inspect, maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premises.
(c) The Ziply Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber and you agree that you do not become an owner of any Ziply Equipment by virtue of the payments provided for in the Agreement or the attachment of attachmentof any portion of the Ziply Equipment to your residence or otherwise. You will not remove any markings or labels from the Ziply Equipment indicating ownership or serial or identification numbers.
(d) You will not use the Ziply Equipment for any purpose other than to use the Services in accordance with the Agreement. Ziply Fiber will repair and maintain all Ziply Equipment during the term of the Agreement. You will not allow the Ziply Equipment to be serviced by anyone other than Ziply Fiber or its agents. You will not sell, transfer, lease, encumber or assign the Ziply Equipment to anyone. If any Ziply Equipment is lost, stolen, unreturned, damaged, or otherwise disposed of by you, you will pay Ziply Fiber the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You will not relocate the Ziply Equipment to any other location and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation.
(e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment).
(f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tearandtear) upon termination of the Service. If you do not promptly return the Ziply Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipment. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it.
(g) If you use Customer Equipment with the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating to the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD NONSTANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.
Appears in 1 contract
Installation; Equipment and Cabling. (a) If you are not the owner of the officehouse, building apartment or other premises upon which the Ziply Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Ziply Fiber personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Ziply Fiber harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees).
(b) You authorize Ziply Fiber to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Ziply Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect inspect, maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premises.
(c) The Ziply Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber and you agree that you do not become an owner of any Ziply Equipment by virtue of the payments provided for in the Agreement or the attachment of any portion of the Ziply Equipment to your residence or otherwise. You will not remove any markings or labels from the Ziply Equipment indicating ownership or serial or identification numbers.
(d) You will not use the Ziply Equipment for any purpose other than to use the Services in accordance with the Agreement. Ziply Fiber will repair and maintain all Ziply Equipment during the term of the Agreement. You will not allow the Ziply Equipment to be serviced by anyone other than Ziply Fiber or its agents. You will not sell, transfer, lease, encumber or assign the Ziply Equipment to anyone. If any Ziply Equipment is lost, stolen, unreturned, damaged, or otherwise disposed of by you, you will pay Ziply Fiber the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You will not relocate the Ziply Equipment to any other location and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation.
(e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment).
(f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tear) upon termination of the Service. If you do not promptly return the Ziply Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipment. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it.
(g) If you use Customer Equipment with the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.
Appears in 1 contract
Installation; Equipment and Cabling. (a) If you are not the owner of the officehouse, building apartment or other premises upon which the Ziply Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Ziply Fiber personnel and/or its agents to enter the premises for the purposes described in this Agreement. You agree to indemnify and hold Ziply Fiber harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement (including costs and reasonable attorneys’ fees).
(b) You authorize Ziply Fiber to make any preparations to the premises necessary for the installation, maintenance or removal of equipment. You authorize Ziply Fiber to place equipment and cables on the premises to facilitate the provision of Services to you and other locations in the area. Ziply Fiber shall not be liable for any effects of normal Service installation and workmanship, such as holes in walls, which may remain after installation or removal of the Ziply Equipment, except for damage caused by the gross negligence or willful misconduct on the part of Ziply Fiber. You agree to provide Ziply Fiber access to the premises during regular business hours upon reasonable notice to install, connect, inspect inspect, maintain, repair, replace, alter or disconnect or remove the Ziply Equipment or to install Software, to conduct service theft audits or to check for signal leakage. You agree that Ziply Fiber may have reasonable access to easements and Ziply Equipment located on the premises.
(c) The Ziply Equipment is and at all times shall remain the sole and exclusive personal property of Ziply Fiber and you agree that you do not become an owner of any Ziply Equipment by virtue of the payments provided for in the Agreement or the attachment of attachmentof any portion of the Ziply Equipment to your residence or otherwise. You will not remove any markings or labels from the Ziply Equipment indicating ownership or serial or identification numbers.
(d) You will not use the Ziply Equipment for any purpose other than to use the Services in accordance with the Agreement. Ziply Fiber will repair and maintain all Ziply Equipment during the term of the Agreement. You will not allow the Ziply Equipment to be serviced by anyone other than Ziply Fiber or its agents. You will not sell, transfer, lease, encumber or assign the Ziply Equipment to anyone. If any Ziply Equipment is lost, stolen, unreturned, damaged, or otherwise disposed of by you, you will pay Ziply Fiber the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. You will not relocate the Ziply Equipment to any other location and Ziply Fiber shall not be liable for any damages, injuries or other occurrences resulting from any relocation.
(e) Any use of the Ziply Equipment for unauthorized reception, theft or diversion of Services, or assisting such theft, diversion or unauthorized reception is a breach of the Agreement and potentially punishable under law (including by way of statutory damages, fines or imprisonment).
(f) If the Services are terminated, you agree that you have no right to possess or use the Ziply Equipment. You agree that you must arrange for the return of the Ziply Equipment to Ziply Fiber in the same condition as when received (excepting ordinary wear and tearandtear) upon termination of the Service. If you do not promptly return the Ziply Equipment or schedule an appointment with Ziply Fiber for its removal, Ziply Fiber may enter any premises where the Ziply Equipment may be located for the purposes of disconnecting and retrieving the Ziply Equipment. You will pay any expense incurred by Ziply Fiber in any retrieval. Subject to any applicable law, Ziply Fiber shall not be obligated to retrieve any Ziply Equipment. Ziply Fiber will not be deemed to have abandoned the Ziply Equipment if it does not retrieve it.
(g) If you use Customer Equipment with the Services, you represent that you either own the Customer Equipment or have the right to use it. Ziply Fiber shall have no obligation to provide, maintain or service Customer Equipment. Any Customer Equipment must meet Ziply Fiber’s current minimum technical and other requirements as posted from time to time on the Ziply Website. If you install or use Customer Equipment that does not meet these requirements (“Nonstandard Equipment”), you agree (i) you will not be entitled to any customer support relating to the Nonstandard Equipment, and (ii) the following limitation of liability shall apply: NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT THE NON-STANDARD NONSTANDARD EQUIPMENT WILL ENABLE YOU SUCCESSFULLY TO INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE NONSTANDARD EQUIPMENT. NEITHER ZIPLY FIBER NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. THE FOREGOING IS IN ADDITION TO AND SHALL NOT LIMIT ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT.YOU
Appears in 1 contract
Samples: Subscriber Agreement
