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Terms and Conditions of FSN Inside Wire Maintenance
Full Service Network LP (“FSN”) offers the Inside Wire Maintenance for residence customers. Having the plan is not a prerequisite for obtaining service from FSN. The following terms and conditions will govern the provision of the plan.
of the Plan
Inside Wire Maintenance: This is an optional service. In accordance with FSN's standard procedures, FSN will perform such diagnostics and repairs to the Customer's standard inside telephone wire and jack(s) associated with each FSN dial tone line covered under the Plan (subject to the Plan Exclusions listed below) that become necessary and are reported to FSN while you are enrolled under the Plan. Trouble isolation can often be accomplished through office testing facilities. We reserve the right to dispatch at our discretion to isolate service problems. If the problem is found to be in your telephone equipment, inside wire, or jack(s), you will not be billed a service charge.
To request maintenance service under the Plan, the Customer should call the FSN repair service telephone number as listed on your invoice.
The charges for the Plan are subject to change by FSN from time to time, as more fully described in the next paragraph. All charges, plus all applicable taxes, shall be due and payable by the due date stated on FSN's bill. Payments received after that date may be subject to a late payment charge.
IN MONTHLY CHARGES, TERMS AND CONDITIONS:
THE CHARGES FORTHE PLAN, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THE PLAN, MAY BE CHANGED BY FSN AT ANY TIME UPON WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF A NOTIFICATION ON THE MONTHLY INVOICE OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BYTHE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTERRECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMSAND CONDITIONS WILL BE DEEMED TO BE ASSENT BY THE CUSTOMER TO THECHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS. IF THE CUSTOMER DOESNOT WISH TO CONTINUE RECEIVING THIS PLAN UNDER SUCH REVISEDCHARGES, TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATEPARTICIPATION UNDER THE PLAN AT ANY TIME UPON NOTICE TO FSN.
FSN warrants for a period of 30 days that work performed and products delivered under the Plan will meet accepted industry practices and be free from defects in materials or workmanship. Should any work performed hereunder fail to meet these standards and be reported to FSN within said 30-day period, FSN shall re-perform the nonconforming services, and/or repair or replace the nonconforming product(s). Such re-performance of work and/or repair or replacement of nonconforming products, shall constitute the entire liability of FSN and sole remedy of the customer under this warranty, whether claim or remedy is sought in contract, tort (including negligence), strict liability, or otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR IMPLIED, IN FACT OR IN LAW. FSN DISCLAIMS ANY AND ALL WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE LIABILITY, IF ANY, OF FSN, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS TO THE CUSTOMER OR TO ANY OTHER PERSON FOR DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THE PLAN, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $500.00. IN NO EVENT, HOWEVER, SHALL FSN, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THE PLAN, OR FROM ANY FAULT, FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THE PLAN (SUCH AS, BUT NOT LIMITED TO, TELEPHONE SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING, JACKS OR TELEPHONE EQUIPMENT, AND ANY DAMAGES RESULTING THEREFROM). THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
The Plan is offered only to FSN's residential telephone Customers who use standard one- or two-line telephone set(s). The Plan is not available to Customers with multi-line telephone systems or services (such as multi-line sets associated with common equipment, key telephone systems, or private branch exchange (PBX) equipment). ISDN (BRI) service and FSN High Speed Internet service are eligible for coverage under the Inside Wire Maintenance.
The Plan does not apply to repair of/or:
- Wire/cable larger than 8-pair, unless otherwise expressly agreed by FSN. Provided, however, if problems are determined to be caused by defective conductors in wire/cable larger then 8-pair, FSN will re-terminate service to useable conductors to restore service; to the extent that spare useable conductors are available and to the extent that access to the point of termination is not denied by the Customer, the building owner or the building manager.
- Wire or jack malfunctions or problems which arise prior to the commencement of the Customer’s coverage under the Plan, or which are caused by misuse, abuse, riot, acts of war, terrorism, malicious activity, vandalism, riot., fire and acts of nature other than lightning, such as floods, windstorms and earthquakes.
- Inside telephone wiring and jack(s) which are non-standard or do not comply with Part 68 of the Federal Communications Commission, NEC, ANSI/ICEA Rules and Guidelines, or fail to meets’ technical standards. NOTE: If it is possible to fix the trouble by making temporary repairs to non or sub-standard wiring, IWMP will cover the temporary repairs;
- Malfunctions resulting from the use of telephone lines intended for voice grade transmission to transmit or receive data or signals beyond the operating capabilities of the line;
- Restoration of your premises if you ask FSN to repair concealed wire
- The Customer's telephones or other premises equipment
- Inside telephone wiring, jacks or other items used in connection with your telephone line if the line is provided by a Company other than FSN
- Repair or replacement caused by fire and/or burst pipes. (This is normally covered under the customer's homeowner insurance.)
- Repair of damage caused by a second party. For example, carpet layer/contractor cutting IW or damaging IW or jacks
- Repair of marine, recreational vehicle (RV), and construction trailer jacks and wiring
- Repair of IW or jacks associated with complex IW, WATS or data services
- Repair of customer provided equipment (instruments, modems, security systems, satellite TV dishes, etc.). Repair of jacks not previously connected to the line reported
- Extensions located at a different address. (IWMP covers IW that is within the same property lines as the main line)
(1) If a Technician comes to your home to perform repairs to your inside wire or jack(s), and the problem is in your telephone or associated equipment (e.g., modem or fax machine), you will be required to pay an Equipment Trouble Charge for the visit at FSN’s then-applicable rates.
(2) On all repairs FSN does not “fish” walls. If wall-run wire cannot be used to run replacement wire the FSN Technician will run replacement cable via baseboard only.
The Customer may terminate participation in the Plan at any time simply by notifying FSN's local business office (or such other number that FSN may designate for such purpose).
FSN may terminate the Customer's participation in the Plan without cause only upon thirty (30) days prior notice to Customer, but at any time in the event Customer fails to pay all applicable charges when due.
Commencement and termination of coverage under the Plan shall be effective on a date to be determined by FSN, which shall not be more than 30 days after FSN receives the Customer's request(s) to commence or terminate the Plan.
UNLESS THE CUSTOMER AND FSN AGREE OTHERWISE, THE CUSTOMER AND FSN CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN ALLEGHENY COUNTY PENNSYLVANIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim the Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
FSN hopes that all issues related to the Customer’s account or FSN Service can be resolved through FSN’s Customer Service Department, which can be reached by calling the number on the Customer’s bill or going to the Contact Us link on FSN’s website. If FSN does not resolve an issue to the Customer’s satisfaction, the Customer may request voluntary mediation. FSN offers customers the option of participating in a free internal mediation program. This program is entirely voluntary and does not affect either party's rights in any other aspect of the dispute resolution procedures outlined in this Agreement. In FSN’s voluntary mediation program, FSN will assign an employee who is not directly involved in the dispute to help both sides reach an agreement. That person has all the rights and protections of a mediator and the process has all of the protections associated with mediation. For example, nothing said in the mediation can be used later in an arbitration or lawsuit. If a Customer would like to know more, or would like to start the mediation process, please contact FSN management at 412-745-9000 or by writing to FSN Management at the address on your invoice.
OR SMALL CLAIMS ACTIONS.
FSN HOPES TO MAKE YOU A HAPPY CUSTOMER, AND THAT ALL ISSUES RELATED TO THE CUSTOMER’S ACCOUNT OR FSN SERVICE CAN BE RESOLVED THROUGH FSN’S CUSTOMER SERVICE DEPARTMENT, WHICH CAN BE REACHED BY CALLING THE NUMBER ON THE CUSTOMER’S BILL OR GOING TO THE “CONTACT US” LINK ON FSN’S WEBSITE, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH PARTIES. THE CUSTOMER AND FSN BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. BOTH PARTIES ALSO AGREE IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO.
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES THE CUSTOMER RECEIVES FROM FSN (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). THE CUSTOMER CAN ALSO BRING ANY ISSUES HE/SHE MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, MAY SEEK RELIEF AGAINST FSN ON THE BEHALF OF THE CUSTOMER.
UNLESS THE CUSTOMER AND FSN AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN ALLEGHENY COUNTY PENNSYLVANIA. FOR CLAIMS OVER $10,000, THE AAA'S ARBITRATION RULES WILL APPLY; IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. THE PROCEDURES, RULES AND FEE INFORMATION ARE AVAILABLE FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM FSN. FOR CLAIMS OF $10,000 OR LESS, THE CUSTOMER MAY CHOOSE WHETHER THE CUSTOMER WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR SHALL NOT HAVE THE POWER TO DETERMINE THAT CLASS ARBITRATION IS PERMISSIBLE. THE ARBITRATOR ALSO SHALL NOT HAVE THE POWER TO PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION, OR TO AWARD ANY FORM OF CLASSWIDE OR COLLECTIVE REMEDY. INSTEAD, THE ARBITRATOR SHALL HAVE POWER TO AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. NO AAA OR BBB RULE WILL APPLY IF IT CONFLICTS WITH THE PROVISIONS OF THIS AGREEMENT. IN ADDITION, NOTWITHSTANDING ANY CONTRARY PROVISION IN THE AAA OR BBB RULES, THE ARBITRATOR WILL BE BOUND TO APPLY LEGAL PRINCIPLES AND THE LAWS THAT GOVERN THIS AGREEMENT, AND DOES NOT HAVE THE POWER TO AWARD ANY RELIEF THAT IS NOT AUTHORIZED BY SUCH LAWS.
IF EITHER PARTY INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO FSN SHOULD BE SENT TO THE ADDRESS ON YOUR BILL. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF THE PARTIES ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. FSN WILL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES THE CUSTOMER FOR ARBITRATION OF THE DISPUTE. IF THE CUSTOMER PROVIDES A SIGNED WRITTEN NOTICE THAT HE/SHE CANNOT PAY THE FILING FEE, FSN WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, FSN WILL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
FSN MAY, BUT IS NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF THE CUSTOMER DOES NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS THE CUSTOMER AN AMOUNT OF MONEY THAT IS MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF FSN DOES NOT MAKE AN OFFER, AND THE ARBITRATOR AWARDS THE CUSTOMER ANY
AMOUNT OF MONEY BUT LESS THAN $5000, THEN FSN AGREES TO PAY YOU
$5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE FSN ALSO AGREES TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR THE CASE. IF THE ARBITRATOR AWARDS THE CUSTOMER MORE THAN $5000, THEN WE WILL PAY THAT AMOUNT TO THE CUSTOMER.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE CUSTOMER AND FSN AGREE THAT THERE WILL NOT BE A JURY TRIAL. THE CUSTOMER AND FSN UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
In the event that any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision. FSN shall not be liable for any delay or failure to perform its obligations if such delay or nonperformance arises in connection with any acts of God, fires, floods, strikes, or other labor disputes, unusually severe weather, acts of any governmental body, or any other cause beyond the reasonable control of FSN.
These Terms and Conditions constitute the complete and exclusive terms and conditions pursuant to which FSN provides inside wire maintenance services to you; there are no other agreements, oral or written, relating to these services.
(Version 28 02/2019)