AGREEMENT FOR SERVICES
1. SERVICE AGREEMENT. This Agreement governs your services relationship with Santel Communications Cooperative, Inc. (together with any subsidiaries or affiliates providing your services or related facilities, (Company) for voice, Internet, video or related services and facilities (“Service”). Previously, the Company provided local exchange voice service pursuant to a Tariff filed with the South Dakota Public Utilities Commission (SD PUC). Because of changes to applicable law and regulations, the Company no longer files or maintains a Local Services Tariff. Instead, we now provide all our Services pursuant to this Agreement, including the additional Terms of Service incorporated herein by reference.
2. ACCEPTANCE. Your acceptance of this Agreement occurs upon any of the following: (a) you provide a written or electronic signature expressly accepting this Agreement; (b) you orally or electronically order and/or activate Service; or (c) you use Service, following notification that this Agreement will apply to your ongoing use of such Service, including any future amendments.
3. ADDITIONAL TERMS OF SERVICE. Company provides Service pursuant to a Certificate of Authority issued by the SD PUC. We also provide Service subject to our Services Catalog, which includes: (a) this Agreement (b) our applicable rules, regulations and rate schedules for each service, which are incorporated herein by reference and (c) applicable rules and regulations of the SD PUC or FCC. The current version of our Services Catalog available on our website at www.santel.coop/terms. A current version is also available at our business office(s) and will be provided or made available to you upon request. This Agreement incorporates by reference the prices, charges terms and conditions included in our Services Catalog.
4. RIGHTS AND RESPONSIBILITIES. This Agreement is our standard service agreement for all our services. Under this Agreement, we agree to provide and bill for any Service, and you agree to use and pay for such Service, as provided herein and in our other applicable Terms of Service. Our rights and responsibilities, and your rights and responsibilities, are as set forth in this Agreement and our other applicable Terms of Service.
5. TERM. This Agreement shall commence on the date of your acceptance and shall continue month-to-month (or, in some cases for an established minimum term) as provided in our applicable Terms of Service. Either party may terminate this Agreement or any Service in accordance with our applicable Terms of Service, unless you agree to any term commitment for any service. Termination of this Agreement or any Service shall not waive or release your obligation to pay for Service provided prior to such termination as well as any other applicable fees and charges, as provided in our Terms of Service.
6. RATES; PAYMENT. Nonrecurring and recurring charges for Service are as set forth in our applicable Terms of Service. Except as otherwise noted, Service pricing is exclusive of applicable local, state and federal taxes and regulatory fees, assessments and surcharges. All Service charges, along with applicable local, state and federal taxes and regulatory fees, assessments and surcharges, will be itemized on your invoice. Failure to pay invoices when due may result in late payment penalties or suspension or disconnection of Service as provided in our applicable Terms of Service.
7. CHANGES TO TERMS. We reserve the right to change our Terms of Service (including rates or any other terms and conditions of Service) upon reasonable written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication or other form of notice permitted or required by applicable laws and regulations. If you elect not to cancel your Service and continue to use Service after the communicated effective date of any such changes, your continued use of Service will constitute acceptance of the modified Terms of Service.
8 .CHANGES TO SERVICE. We may, from time to time, modify the Service to reflect improvements and other changes and modifications to our network. In addition, we reserve the right to discontinue or limit Service as required to comply with or satisfy our obligations under applicable laws or regulations, including when changes to or interpretations of such laws and regulations have a material, adverse effect on the business, technical or economic feasibility of providing Service, as determined by us in our reasonable judgment.
9. ACCESS TO SERVICE PREMISES. We may enter into, upon and over your Service premises periodically during the term of this Agreement to install, connect, inspect, maintain, repair, alter, disconnect and remove our facilities and equipment used to provide Service. To the extent the same is consistent with your ownership of the premises, you grant the Company a temporary and permanent easement to construct, install, maintain, and/or replace Service facilities and to install, connect, inspect, maintain, repair, alter, disconnect and remove all facilities and equipment necessary to provide Service. In the event you are not the owner of the premises upon which installation is requested, you warrant to the Company that you have obtained the consent of the owner of the premises for the Company to install and maintain its facilities and equipment as contemplated herein.
10. CREDIT CHECK; DEPOSITS. In connection with your request or application for any Service, we may investigate your credit-worthiness, including obtaining one or more reports or ratings from one or more independent credit reporting or credit scoring agencies. We may require a deposit for you to establish or maintain Service. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history, our Terms of Service and any applicable laws or regulations. If Service is canceled or disconnected for any reason, we may, subject to our Terms of Service and applicable law and regulations, apply your deposit toward payment of outstanding charges.
11. SERVICE ACCOUNTS. Service accounts are assigned to customers only, and the customer in whose name the account is established will be treated as the account owner for all purposes. Account owners may designate one or more “authorized users” who will have access to account information and may make certain account changes in accordance with our policies and applicable laws and regulations. As the owner of the account, you are responsible for designating (or changing the designation) of any authorized users. You will hold the Company harmless from any claims arising from account instructions given or inquiries made by you or any authorized user. You are responsible for keeping all account and billing data with the Company up-to-date and accurate. Furnishing false data to the Company is grounds for immediate disconnection of Service and may subject you to civil or criminal liability.
12. USE OF CUSTOMER INFORMATION. From time to time the Company can provide the Customer with Services marketing or educational information based on existing or presumed use of one or more Company Services. To the extent Company uses Customer’s information in its possession it is called Customer Proprietary Network Information or CPNI. The Company may use CPNI to advise the Customer on utilizing existing or new related Services. The Company does not sell or provide this information to any third parties, other than the E911 records required by law, if you are a telephone customer. Customer has a right to restrict Company’s access to CPNI. If you choose to opt-out of the Company’s use of CPNI, please contact our business office to be placed on a list where we will not use your CPNI. Further, the Customer hereby gives Company permission to contact them at the phone number or email listed in the Service Agreement about future Services that the Company will be offering that may be of interest to Customer.
13. NO RESALE OF SERVICES OR USE OF SERVICES BY OTHERS. Services provided by the Company are for the sole use of the Customer and not for resale or license of any nature whatsoever without prior consent of the Company, which may be given or withheld in its sole discretion. Customer is and shall be responsible for any misuse of Services, even if the inappropriate activity was committed by a friend, family member, guest, employee, or any other person with access to Customer’s account.
14. RESPONSIBILITY FOR EQUIPMENT SUPPLIED. Equipment installed by the Company at Customer’s premises, which is not purchased by Customer, shall always remain the sole property of the Company. Customer assumes all risk of loss and/or damage of any kind to such equipment from any cause other than failure due to normal wear . Upon termination of Service, Customer shall return provided equipment to the Company’s business office. At the Companies’ discretion, the Company may choose to remove equipment at the Service location and the Customer authorizes the Company to recover the equipment from Service premises during reasonable hours. In the event Customer should refuse to return the equipment, or the same is lost, altered, destroyed, damaged or stolen, Customer shall pay the Company the reasonable replacement cost of the equipment, plus any costs incurred by the Company arising from the loss of or damage to the equipment.
15. FEDERAL LIFELINE PROGRAM. The Company is an eligible telecommunications carrier (ETC) within all its service area, meaning that it provides certain services supported by the federal Universal Service Fund, including the federal “Lifeline” program for qualifying low-income consumers. Lifeline is a government benefit program which provides a monthly credit toward a qualified low-income subscriber’s telephone or Internet bill. Only eligible low-income consumers may enroll in the Lifeline program. Consumers who meet eligibility criteria must also complete documentation necessary for enrollment. Lifeline assistance is non-transferable, and eligible subscribers may receive assistance from only one wireline or wireless telecommunications provider per household. If you believe you may qualify for the Lifeline program, please visit our website at www.santel.coop/terms or contact us to discuss program details, eligibility requirements or to request a Lifeline application. Consumers who willfully make false statements to obtain the benefit can be punished by fine or imprisonment or can be barred from the program.
16. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN OUR TERMS OF SERVICE, WE MAKE NO WARRANTIES WITH RESPECT TO ANY SERVICE OR FACILITIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES CONCERNING THE SPECIFIC FUNCTION OF ANY SERVICE OR FACILITIES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR SPECIFIC NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17. LIMITATION ON REMEDIES. In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, the Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure, including failure caused by the loss of power; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud or abuse of Service; or (i) any other cause that is beyond the Company’s reasonable control. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE OR FACILITIES, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION. You agree to indemnify the Company and our affiliates, officers, agents and employees from any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or related to your abuse or misuse of Service, or any other violation of this Agreement or our other Terms of Service.
19. GOVERNING LAW. This Agreement, and our contractual and service relationship with you, shall be deemed to have been made in and shall be governed by and construed in accordance with the substantive laws of the State of South Dakota without regard to the principles of conflicts of law.
20. INCORPORATION AND INTEGRATION. Our Terms of Service are incorporated into this Agreement. This Agreement, along with our other Terms of Service, constitute the entire agreement between the parties concerning our contractual service relationship, there being no prior written or oral promises or representations not incorporated herein or therein.
21. NO IMPLIED WAIVER. Our failure to exercise or enforce any provision of or rights under this Agreement or our other Terms of Service shall not constitute a waiver of any such provision or right.
22. SEVERABILITY. If any part or provision of this Agreement or our other Terms of Service is held, in whole or in part, to be invalid, illegal, or unenforceable by any law or regulation of any governmental or regulatory authority, or by the final determination of any court of competent jurisdiction, that part or provision will be construed consistent with applicable law or regulation as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this Agreement or our other Terms of Service.
23. ASSIGNMENT; BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, you may not assign or transfer your rights or obligations under this Agreement without our express written consent. Unless consent is granted, all accounts must be closed and reopened under the name of a new customer for issuance of a new account number.
PHONE SPECIFIC TERMS AND CONDITIONS
24. DIRECTORY LISTING. Customer’s name, address, phone number and any other information listed on this Agreement is certified as correct by the Customer, and it is understood and agreed the Customer’s white page directory listing will appear using that information. It is Customer’s sole responsibility to inform the Company in writing of any change in the information, including telephone number and address, at least 90 days prior to the local telephone directory issue date, which will be provided to the Customer upon request. The Company assumes no liability for any errors in the listing and Customer releases the Company from any damages for any error in the directory listing.
25. 911/SERVICE ADDRESS. The Company has determined your 911 address to be one and the same as your Service Address portion of your records. Verification of this address will ensure emergency personnel are directed to the correct location when dispatched.
INTERNET SPECIFIC TERMS AND CONDITIONS
26. SERVICES. The Company will provide, and Customer will purchase Internet access on the terms and conditions set forth in this Agreement and the Company’s Acceptable Use Policy (AUP). The Customer will comply with the Companies’ AUP as published at www.santel.coop/terms.
27. NETWORK AVAILABILTITY. Based on network availability, Internet access service is a “best efforts” service, which can provide upstream and downstream speeds selected by the Customer. The actual speed experienced by the Customer may vary and depend on several factors not limited to, but including, Customer location, the destination on Internet, traffic on Internet or other factors not controllable by the Company. No minimum level of speed is guaranteed without a specific Service Agreement.
28. EQUIPMENT NETWORK ADDRESS. To use the Services, the Company will provide to the Customer a non-portable TCP/IP network address(es). Any pre-existing Customer network address(es), because of the Companies’ network configuration, may not be routable on the Company’s’ network.
29. MINIMUM SYSTEM REQUIREMENTS AND WIRING. Customer acknowledges that any computer or other Customer equipment must meet minimum system requirements to access the Services. Customer also agrees and acknowledges that certain inside wiring and/or equipment may be necessary to complete installation for the Services. Any fees for such wiring and/or equipment will be billed to the Customer based on the prevailing hourly rate for the Company technicians and the cost of such equipment.
30. CUSTOMER EQUIPMENT. The Company is not responsible for any personal computer or network malfunctions and/or damage to the Customer’s hardware or software. If any of Customer’s equipment requires modification or reprogramming to make it compatible with the Company provided Service, the Company shall not be liable for any applicable costs associated with modification or reprogramming charges.
31. ALLOWED USE. The Company is providing Internet access service on a retail basis to the Customer. The Customer agrees to utilize the service exclusively and not to provide access to third parties either through “sharing” or “Resale” unless with advance written approval from the Company. The sharing of passwords or accounts is strictly prohibited. Web page HOSTING and CACHEING are services prohibited with your retail Internet access service. Any evidence of the services prohibited within this Agreement would be a breach of this Agreement and immediate termination of the Internet access connection without prior notice would occur upon determination of these services being offered.
32. SECURITY. Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. The Company recommends against enabling file or printer sharing of any nature whatsoever. The Company recommends that any files or services Customer chooses to make available for remote access be protected with a password or other security device. The Company recommends that Customer install a firewall to ensure the privacy of Customer’s communications and to protect its data and network. Customer expressly assumes all risks relating to the security of its communications, data and network and its potential unauthorized access by others.
Last modified 12/01/2018
Use of Santel services constitutes acceptance of these Terms and Conditions.
Santel has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCE”, commonly known as “Spam”) whether originating from customers, from customers’ customers, or from customers who provide services which are used to support spam.
Definition of Spam
Santel defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.
Santel Internet’s customers and customers of Santel’s customers are prohibited from sending and shall not allow their connection to Santel Internet to be used for sending spam. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at Santel sole discretion, proof that permission was not obtained.
Santel Internet customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Santel Internet customers will be held responsible for all traffic sent through their connection to Santel Internet. Customers are also responsible for ensuring that they do not advertise or promote themselves through spam.
If Santel Internet receives a complaint, it will be forwarded to the customer for a response and complete resolution. If it is determined that the customer has used a Santel Internet connection to support spam, their account is subject to immediate suspension and/or termination.
Why this policy?
Unlike senders of traditional junk mail who are required to pay for envelopes, materials and postage, senders of spam can, given the nature of the Internet, impose undue financial burdens on the recipients of their messages at little or no cost to themselves. These include things such as the cost imposed on the recipients in bandwith to deliver the spam, and time and money wasted in filtering out and deleting spam and changing email addresses. Santel Internet believes that users of the Internet should not be forced to incur such expenses without their consent. As a result, Santel Internet believes that the elimination of spam will result in a better and less expensive Internet experience for all internet users and will allow Santel Internet to provide better and more efficient service to its customers.
If you have been spammed by one of our customers, please notify us by sending a copy of the message you received to [email protected] Immediate attention will be given to the matter. Please be aware that it is not uncommon for spammers to hide behind someone else’s email account, as well as use mail servers that they do not own. By sending us a copy of the message you received, we will be able to determine enough information to accurately handle the situation. By examining the full message headers of the offending message, useful information can be obtained about the actual sender.
Spam filtering is FREE for each Santel email account. Spam Filtering detects and stops any incoming email that it thinks is junk/spam email. Email messages that are caught by Spam Filtering are available for you to view and are stored for 2 weeks before they are automatically deleted.
Last modified 12/01/2018
SANTEL RESPECTS YOUR PRIVACY
Santel Communications Cooperative Inc. and its affiliates or subsidiaries (hereafter referred to as “Santel”) strive at all times to respect a customer’s desire for privacy. We obtain and use individual customer information for business purposes only. The information is used to enable us to provide our customers with the best service possible. Customer information may also be used to protect customers, employees and property against fraud, theft, or abuse and to maintain good customer relations. Our employees are responsible for safeguarding individual customer information and communications. All personnel are aware of and protect the privacy of all forms of customer communications and information.
Privacy for Internet Service Subscribers
Santel does not track its user’s activities on the Internet. We monitor traffic in the aggregate in order to improve our Internet services and web site.
Customer Proprietary Network Information (CPNI)
It is the policy of Santel to maintain and protect the confidential and proprietary network information it possesses of its customers. Unless required to do so by law or unless such information will assist Santel in providing telecommunications services, no customer confidential or proprietary information will be given to any third parties. For the purposes of this policy, “customer confidential or proprietary information” does not include any information published in any telephone directory.
Privacy of Information
One can visit and use our web site with complete privacy. A web site visitor can chose to provide customer‐specific information by ordering a product or service, sending us e‐mail or using our convenient on‐line tools. Any information provided by a web site visitor is held strictly confidential by Santel or by its authorized agent and will not be sold or provided to any other organization or business.
Privacy of Personal Information
No personal information obtained on‐line is released outside of Santel or by its authorized agent, except with the customer’s permission, as required by law, for safety reasons, or to survey customer satisfaction. We use the information provided when placing an order to complete that order. Any information asked for on our website will only be used to process your request. We do not sell customer information to any outside party.
Any web sites of Santel may contain links to other web sites. We are not responsible for the content or privacy policies of other sites. Even though we will use our best efforts to assure privacy and confidentiality, material on the web, e‐mail, or other electronic communications cannot be guaranteed to be protected against access by unauthorized persons. Access by unauthorized persons can be obtained without your consent or our consent. This is simply a function of the technology in today’s environment.
To prevent unauthorized access, maintain data accuracy and ensure only appropriate use of information, appropriate safeguards have been established to secure the information collected on‐line.
To improve the services we offer, the information obtained about web users may be revised in the future. This privacy statement will be updated to reflect any future developments in our Internet business practices.
Electronic Communications Privacy Act (ECPA) Notice
Customers are hereby notified that SANTEL does NOT offer the same degree of privacy for email or files that the customer expects from regular paper mail.
Last modified 12/01/2018