Table of Contents
Plateau's TV Terms and Conditions
- Security Deposits
- Residential Use
- Access to Customer Premises
- Installation Agreement/Equipment Return
- Additional Fees
- Disputed Charges
- Adjustments or Refunds
- Equipment and Software
- Misuse of Equipment
- Return of Equipment
- Damaged or Lost Equipment
- Operation of Equipment
- Tests and Inspections
- Customer Insurance
- Customer Liability for Users
- Customer Obligations Upon Termination
- No Waiver
- No Assignment
- No Warranty; Limitation of Liability
- No Relationship
- Force Majeure
- Entire Agreement
- Use of Services
- Programming Content
- Signal Level
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You ("You" or "Customer') understand and agree that these Terms and Conditions apply to Plateau Telecommunications, Incorporated’s (“PLATEAU”) provision of each and every service ("Service(s)") ordered by Customer or provided by PLATEAU as part of a Service, which may include IPTV service ("Video Service"), high speed data service ("High Speed Internet Service"), voice service ("Phone Service") and any equipment rented from or otherwise supplied by or on behalf of PLATEAU to you ("Equipment").
Agreement(Table of Contents)
Customer agrees to be bound to these Terms and Conditions by:
- executing a copy of the service order presented to Customer at the time of installation ("Service Order"),
- ordering a Service, or
- using one or more Services at Customer's location.
PLATEAU may, in its sole discretion, change, modify, add or remove portions of these Terms and Conditions at any time by posting the amended Terms and Conditions on the Company website at www.plateau.tv, or by giving Customer notice in accordance with these Terms and Conditions. Customer's continued use of the Services following such notice shall be deemed as Customer's acceptance to any revision in these Terms and Conditions. If Customer does not agree to the revised Terms and Conditions, Customer must notify PLATEAU at 1-877-Plateau (752-8328) of Customer’s intent to cancel their agreement within fourteen (14) days, without penalty.
Security Deposits(Table of Contents)
Customer acknowledges and agrees that Plateau Telecommunications, Inc. may
- verify Customer's credit standing with credit reporting agencies;
- furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies; and
- require a deposit fee based on Customer's credit standing or past payment history with Plateau Telecommunications, Inc. A deposit fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation.
Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Customer shall remain liable for any outstanding balances after the security deposit has been applied.
Residential Use(Table of Contents)
The Services provided are solely for Customer's personal, residential use and Customer shall not use Services for any commercial purpose. PLATEAU shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
Access to Customer Premises(Table of Contents)
Customer grants PLATEAU and its employees, representatives and/or agents the right to enter Customer's premises and access Equipment, the wiring within Customer's premises and Customer's television(s) to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver PLATEAU provided software ("Software"). Customer shall cooperate in providing such access upon request of PLATEAU. If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize PLATEAU personnel and/or its agents to enter the premises for the purposes described herein.
Installation Agreement/Equipment Return(Table of Contents)
- Customer requests installation of PLATEAU and/or High Speed Internet service, equipment such as Modem(s), set top box(s), broadband router, Ethernet Switch(s), network card(s) or any other equipment used to install the service(s) by PLATEAU. PLATEAU assumes no responsibility or liability for access to User’s home network by unauthorized person(s).
- Customer agrees any request to set up or configure devices and /or networks not associated directly with the installation of PLATEAU or high speed Internet may result in a separate charge/fee
- Customer understands and agrees the maximum number of Set Top Boxes installed will not exceed three (3). If the number of Set Top Boxes requested by the customer is greater than three (3), customer may be responsible for all materials and labor charges directly associated with the installation of additional Set Top Boxes
Payment(Table of Contents)
The charges for one month of Services, including any deposits and installation and Equipment charges, are due upon installation of the Services. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees, taxes, regulatory fees, franchise fees, surcharges (including a broadcast station surcharge) and other government assessments no later than the date indicated on Customer's bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes PLATEAU to charge such accounts. Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer's premises and/or imposition of an administrative fee ("Administrative Fee") in accordance with applicable law. Any Administrative Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. PLATEAU does not extend credit to PLATEAU's Customers and the Administrative Fee is not interest, a credit service charge or a finance charge.
Additional Fees(Table of Contents)
In addition to Customer's monthly recurring charges and any Administrative Fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination, reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees. A list of applicable fees is available from your local PLATEAU's office ("Schedule of Fees"). PLATEAU reserves the right to amend or change the Schedule of Fees from time to time.
Disputed Charges(Table of Contents)
Customer must notify PLATEAU in writing of billing errors disputes or requests for credit within thirty (30) days after Customer receives the bill for which correction of an error or credit is sought. The date of the dispute shall be the date PLATEAU receives sufficient documentation to enable PLATEAU to investigate the dispute. The date of the resolution is the date PLATEAU completes its investigation and notifies the Customer of the disposition of the dispute.
Adjustments or Refunds(Table of Contents)
Any adjustment or refund shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service and associated Equipment charges for the period of time during which the Service is interrupted. The adjustment or refund will be accomplished by a credit on a subsequent bill for Service. Except as otherwise expressly provided in this Agreement, the liability of PLATEAU, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "PLATEAU Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit"). No credit allowance will be made for:
- interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service;
- interruptions of Service due to the negligence of any person other than PLATEAU including, but not limited to, the other common carriers connected to the PLATEAU's facilities;
- interruptions of Service due to the failure or malfunction of Customer owned equipment or third party equipment;
- interruptions of Service during any period in which PLATEAU is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
- interruptions of Service during a period in which Customer continues to use the Service on an impaired basis;
- interruptions during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements;
- interruptions of Service due to circumstances or causes beyond the control of PLATEAU.
Limitation of Refund
Unless otherwise provided by applicable law, in the event any amounts owed by PLATEAU to Customer are not claimed by Customer within one year of the date on which the amount became payable to Customer, Customer shall forfeit all rights to the refund and all such amounts shall become the property of PLATEAU.
Equipment and Software(Table of Contents)
Any network facilities, Software, cabling or Equipment installed or provided by PLATEAU will remain the property of PLATEAU. Customer will acquire no ownership or other interest in the network facilities, cabling, Software or Equipment by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the network facilities, cabling or Equipment to Customer's residence or premises.
Misuse of Equipment(Table of Contents)
Customer will not open, alter, misuse, or tamper with the Equipment. Customer will not remove Equipment from the location where Equipment was installed. Customer will not remove any markings or labels from the Equipment. Customer agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by PLATEAU) will not permit anyone other than a PLATEAU authorized representative to perform any work on the Equipment.
Return of Equipment(Table of Contents)
If Customer's Service is terminated or cancelled (for whatever reason), Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to PLATEAU in the same condition as when received, ordinary wear and tear excepted. If Customer fails to return the Equipment, Customer will pay any expenses PLATEAU incurs in retrieving the Equipment. Failure of PLATEAU to remove the Equipment does not mean that PLATEAU has abandoned the Equipment. PLATEAU may continue to charge Customer a monthly Service fee until any remaining Equipment is returned, collected by PLATEAU or fully paid for by Customer. If the equipment is not returned in proper working condition, the customer will be billed for the repair charges up to, but not to exceed, the full price of the Equipment.
- HD-DVR - $200.00/Ea.
- Set-top Box(s) - $120.00/Ea.
- Residential Gateway - $ 90.00/Ea.
- Ethernet Switch - $ 40.00/Ea.
Damaged or Lost Equipment(Table of Contents)
If the Equipment is damaged by Customer, destroyed, lost or stolen while in Customer's possession, Customer is responsible for the cost of repair or replacement of the Equipment.
Operation of Equipment(Table of Contents)
The Customer agrees to operate any Equipment in accordance with instructions of PLATEAU or PLATEAU's agent. Failure to do so will relieve the PLATEAU Parties of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
Equipment Repair(Table of Contents)
PLATEAU will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of Customer. In the event of any malfunction of the equipment the customer shall report it to the PLATEAU Tech Support at 1-575-389-4242 or 1-888-638-3872. Customer agrees not to modify, change, or repair, or have others attempt to modify, change, or repair, the equipment. Customer will be liable for repairs if the manufacturer seal is broken or for any other negligent or willful damage..
PLATEAU is not responsible for the operation, maintenance, service or repair of any Customer's equipment, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or third party software, which may be connected to the Services ("Customer Equipment").
Tests and Inspections(Table of Contents)
Upon reasonable notification to the Customer, and at a reasonable time, PLATEAU may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein.
Software(Table of Contents)
Customer agrees to comply with the Terms and Conditions of any Software license agreement provided with the Software. The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software. If Customer's Service is terminated, Customer will promptly return or destroy all Software provided by PLATEAU and any related written materials. PLATEAU will have the right to upgrade, modify and enhance the Equipment and Software from time to time through "uploads."
Customer Insurance(Table of Contents)
Customer agrees to protect and insure all leased PLATEAU/High Speed Internet and/or any other equipment used to install the service(s) against, theft, collision, water damages and other perils, hazards, and losses, and to name PLATEAU as an additional insured to the extent of its interest, in the amount of the full price as set forth below.
Customer Liability for Users(Table of Contents)
Customer must be at least eighteen years of age to subscribe to Services. Customer is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Customer's premises, equipment or account. Customer is responsible for ensuring that all persons who use Customer's subscribed to Services ("Users") understand and comply with all Terms and Conditions applicable to the Services.
Termination(Table of Contents)
PLATEAU may terminate this Agreement immediately at any time, without prior notice, if Customer or a User fails to fully comply with the terms of this Agreement, its components and PLATEAU's Acceptable Use Policy ("AUP") or for any other reason or no reason. If PLATEAU terminates Service due to a violation of this Agreement or PLATEAU's policies, Customer may be subject to additional fees and charges, including disconnect and termination fees and PLATEAU may also exercise other rights and remedies available under law.
Customer Obligations Upon Termination(Table of Contents)
Customer agrees that upon termination of any Service, Customer will immediately cease use of the Equipment and any Software, and; Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of:
- the effective date of termination of the Service,
- if applicable, the expiration of any promotional term, or
- the date when the associated Equipment or Software has been returned to PLATEAU.
No Waiver(Table of Contents)
The failure of PLATEAU to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of PLATEAU or the ability to assert or enforce such right at any time in the future.
No Assignment(Table of Contents)
Customer may not assign, or transfer in any manner, the Services or any rights associated with the Services.
No Warranty; Limitation of Liability(Table of Contents)
CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY PLATEAU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. PLATEAU MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES.
EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL PLATEAU BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
PLATEAU MAKES NO WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. PLATEAU MAKES NO WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA PLATEAU'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT PLATEAU WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
PLATEAU'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED BY PLATEAU'S WILLFUL OR NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.
Indemnification(Table of Contents)
Customer agrees to defend, indemnify and hold harmless the PLATEAU Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by PLATEAU to Customer. Customer agrees to indemnify and hold harmless the PLATEAU Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of PLATEAU's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the PLATEAU Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of PLATEAU or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by PLATEAU, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any act or omission of Customer in connection with the Services or facilities provided by PLATEAU.
Severability(Table of Contents)
If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
Notice(Table of Contents)
No Relationship(Table of Contents)
Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between PLATEAU and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
Survival(Table of Contents)
All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and PLATEAU rights and the rights of others).
Force Majeure(Table of Contents)
PLATEAU Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes, cable cuts; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over PLATEAU, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
Entire Agreement(Table of Contents)
Use of Services(Table of Contents)
The programs, content and other service provided through PLATEAU's Video Service must be utilized for use solely at the Customer ‘s residence, for purposes limited to other authorized activities and display on no more than the number of workstations/receivers at the Customer Locations as disclosed on the Service Order, provided that Customer may not directly or indirectly charge any fee as a condition to viewing the Service and that the Video Service is not duplicated, redistributed or accessed in violation of any applicable law.
Programming Content(Table of Contents)
Customer understands and agrees that by using the Video Service, Customer or Users may be exposed to materials or content that may be offensive, sexually explicit or objectionable to Customer. Parental control devices are available upon Customer's request for use with the Video Service to block certain programming and/or filter certain content. PLATEAU makes no representation or warranty regarding the effectiveness of such parental control devices. Under no circumstances will the PLATEAU Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any programming content provided with the Video Service.
Security(Table of Contents)
PLATEAU has no obligation to track the Video Services provided to Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, PLATEAU may track through its cable television system the channel or Service selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the Video Services and/or to protect PLATEAU, its cable television system, Services, Equipment and/or Customers.
Signal Level(Table of Contents)
To maintain legal requirements for minimal signal levels at Customer's terminal, no more than one television set per set top box may be utilized.
Outages(Table of Contents)
Subject to applicable law, a credit may be given for qualifying outages. If there is a known outage/interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), PLATEAU, upon prompt notification of such failure or interruption by Customer, may either provide Customer with a pro-rata credit relating to such failure or interruption, or at PLATEAU's discretion, in lieu of the credit, provide alternative programming during any program interruption. PLATEAU will not be liable for any incidental or consequential damages or losses from any interruption in programming or outages.