Inside Wire Maintenance Terms and Conditions
Introduction:

(1) Under the Inside Wire Maintenance (IWM) plan, existing inside wiring, jacks, and labor to repair such items are covered as stated within this agreement. It does not cover the installation of new jacks, moving existing jacks, or repair of CPEs (CUSTOMER PREMISE EQUIPMENT; such as phones) (section-3E). The IWM service is only available to Customers of TC3TELECOM. If TC3TELECOM ceases to provide telephone service to Customer at this location, then TC3TELECOM shall thereafter have no further obligations under the Plan with respect to that location.

Maintenance Provisions:

(2) Covered Under Plan: Maintenance service COVERED by IWM includes the following:   A. Diagnosis: This involves testing the line to determine if the trouble is on the network side or on the Customer INSIDE WIRING side of the NID/Demarc (section-2C). If the trouble is on the Customer side of the Demarc, TC3TELECOM will test the line to determine if the trouble is caused by the inside wires or jacks, or the CPE (section-3E). B. Replacement of defective concealed INSIDE WIRING (section-2C) with concealed wiring whenever it is possible. TC3TELECOM’s Technician will determine, at their professional discretion, the manner in which repairs will be made, including the color and specifications of replaced wires, concealed or surface mounting, jacks and connecting locks. Surface mounting is the standard method for replacing wiring and jacks. Requests for concealed wiring that requires extensive additional work will be subject to standard labor and material charges and must be signed off by Customer. C. INSIDE WIRE shall mean the telephone wire CAT-3, along with necessary incidental supplies associated therewith and excluding CPEs (section-3E), located within the end user’s contiguous premise on the Customer’s side of the NID (NETWORK INTERFACE DEVICE) or other distinguishable point of demarcation. D. Replacement of defective jacks/outlets (RJ-11 or RJ-14) with Technician’s industry standard jacks/outlets. E. Identifying sub-standard inside wiring and jacks that are not in accordance with industry standards.   F. Determining if CPE devices are defective and or inoperable and may be causing line damage or loss of use. If CPEs are determined to be a cause of line damage, they are not covered under IWM and shall not be repaired by TC3TELECOM’s Technician (section-4D).  

(3) Not Covered Under Plan: Maintenance service NOT COVERED by IWM includes, but is not limited to, the following:

A. Travel trailer, motor home, multi-unit dwelling, apartment complex, dorm rooms, shared living spaces, mobile home parks, mobile homes and manufactured homes with skirting, and the like. B. Repairing or replacing the inside wiring, jacks and/or outlets when rendered inoperative by Acts of God; i. (Fire, flooding, earthquake, natural disasters, vandalism, storms that cause physical damage to the home, wind, unforeseen accidents, etc.) C. Re-running wiring under buildings, crawl spaces, attics, or the like, or re-running existing wiring or jacks on the exterior of the home. D. Structure changes, conduits, or cutting and patching of finished walls, floors, or ceilings. If the work requires structure changes, conduits, cutting and patching of finished walls, floors or ceilings, or fishing of wire into fixed or mobile partitions or custom furniture, the Customer is responsible for arranging to have such work performed by a third-party provider or other contractor. E. CPEs (CUSTOMER PREMISE EQUIPMENT) are devices such as but not limited to surround sound, computer, TV, telephones, cordless-phones or devices for these, answering machines, fax, alarm systems, modems, and the like. F. Responsibility for any damages that may occur to Customer owned and/or leased equipment due to wiring faults, shorts, grounds, etc or damages or problems that existed prior to the activation of IWM. G. Maintenance of attachments or other devices not approved and/or installed by TC3TELECOM or wiring to garages or other structures not physically connected to the home. H. Repairs made necessary by misuse, willful neglect of Customer, intentional abuse, and negligence of Customer's employees, agents, contractors or invitees. I. Repairs made necessary by sub-standard, pre-existing wiring or removal of hard-wired phones and their replacement with modular phone jacks. J. Emergency service after normal business hours. K. Maintenance performed on CAT-5, Electrical, PBX systems, ISDN, or Coaxial, and jacks/outlets for such wiring. L. Locations deemed PREMISE INELIGIBLE (section-4E).

(4) Working Conditions: Customer shall provide safe and adequate working space, heat, light, ventilation, electric current and outlets for use by TC3TELECOM at no charge to TC3TELECOM.

A. All maintenance shall be conducted during normal business hours between 9am and 5pm Monday through Friday, excluding nationally recognized Holidays. B. TC3TELECOM will schedule the Technician to perform maintenance based on TC3TELECOM’s working schedule and will try to schedule a convenient time to meet with you. If for any reason our technician is denied access to your property after a service call has been dispatched and is therefore unable to make a diagnosis and/or repair, the service call will be considered fulfilled. i. Additionally, you may be subject to a Service Call charge of $65 if the technician must return at a later date due to a missed appointment or inaccessibility to the premise. C. Maintenance will be performed by either TC3TELECOM or one of TC3TELECOM’s sub-contracted Technician’s. D. If TC3TELECOM dispatches a Technician who finds the problem to be in your CPE you will be charged $75 for the site visit and all other applicable labor charges even if you are enrolled in the IWM Plan. E. PREMISE INELIGIBLE shall be used to define those individual premises determined by a TC3TELECOM Technician, in his or her discretion, to contain non-standard, ineffectual or faulty inside wiring, a mobile home or manufactured home with skirting attached and no viable access underneath or which is deemed that damage may occur if work needs to be completed underneath said residence. Likewise this determination will be made if prevented from accessing the INSIDE WIRING by the owner of the property, government, military authorities, pets, or by the landlord. If the Customer’s service location is in a rented/leased facility, military facility, mobile or manufactured home park, or multi-dwelling unit, the Customer is deemed responsible to contact the landlord or property manager to determine whether they are responsible or authorized for repairs to the inside wiring prior to subscribing to this service. If a premise is identified as such, IWM Plan shall be discontinued immediately. Absolutely no repair shall be conducted on these premises under this contract.

(5) Monthly Fee: $4.95. Customers may sign-up to begin coverage in thirty (30) days or immediately.

A. Residential Service. One plan per household. B. Fees subject to change upon a thirty (30) days notice. C. Fees are payable as specified on your TC3TELECOM bill. D. A 30-day waiting period before maintenance coverage begins. The 30 day waiting period begins the day. E. Immediate coverage upon sign-up with a $45 startup fee. i. If customer chooses to pay the $45 startup fee for immediate coverage, it begins the same day customer signs-up only if they are already a TC3Telecom client, or begins the day their telephone service becomes active with TC3Telecom.

(6) Change Notices:

All terms and conditions are subject to change upon a thirty (30) days notice.

(7) Customer Requested Premise Work not covered in IWM:

TC3TELECOM will install new inside wiring, new jacks, or repair sub-standard wiring not covered under IWM if the Customer agrees to pay all appropriate premise work charges. To find out the premise work charges, you can call our business office at (517) 265-7872.

(8) Cancellation:

If you wish to cancel IWM, you may do so at any time. To cancel, simply call TC3TELECOM at 517-265-7872 and speak to one of our account representatives. TC3TELECOM reserves the right or may cancel your IWM coverage at any time, without notice, due to nonpayment or if TC3TELECOM suspects abuse of telecommunication wires or phone jacks or of this service.

(9) Warranties:

A. TC3TELECOM warrants that it will provide the services contemplated herein in a manner consistent with practices employed by persons knowledgeable in the subject field. In the event of any breach of this warranty, TC3TELECOM shall be given the opportunity to correct any deficiencies in the services provided to the Customer. If TC3TELECOM does not adequately repair the damaged items covered by IWM, a TC3TELECOM technician will revisit the property to correct the problem. This shall be Customer’s sole remedy under this IWM agreement, and Customer will not be entitled to any kind of setoff or reimbursement. B. OTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 10, TC3TELECOM IS PERFORMING THE SERVICES AND PROVIDING TECHNICAL INFORMATION ON AN “AS IS” BASIS AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE CUSTOMER OF ANY REPORTS AND FINDINGS. ANY OTHER WARRANTIES WHICH MIGHT BE IMPLIED BY LAW ARE HEREBY EXPRESSLY DISCLAIMED IN PARTICULAR, TC3TELECOM ACCEPTS NO RESPONSIBILITY FOR TIMELY IMPLEMENTATION OF MAINTENEANCE PERFORMED AND/OR THE PERFORMANCE OF SUCH MAINTENANCE AND/OR SERVICES.

(10) Limitation of Liability:

A. TC3TELECOM’S MAXIMUM AND SOLE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DELAYS OR DEFECTS IN MEETING ITS OBLIGATIONS UNDER THE PLAN OR ANY DEFECT IN SERVICES PROVIDED UNDER THE PLAN, OR FOR ANY OTHER ACTS OR OMISSIONS OF TC3TELECOM OR ITS EMPLOYEES OR AGENTS, INCLUDING ACTS OR OMISSIONS OCCURRING BEFORE, DURING OR AFTER THE PERIOD THAT TC3TELECOM PROVIDES SERVICE TO CUSTOMER, SHALL IN NO EVENT EXCEED A CREDIT EQUAL SIX (6) MONTHS OF PLAN SERVICE CHARGES. TC3TELECOM IS NOT LIABLE, AND NO CREDIT WILL BE MADE, FOR SERVICE INTERRUPTIONS, DELAYS, OUTAGES, DEFECTS OR FAILURES RESULTING FROM THE ACTS OR OMISSIONS OF OTHER PERSONS OR CARRIERS, OR FROM ACTS OF GOD, GOVERNMENTAL ACTIONS, FIRE, WAR OR RIOT, OR OTHER CAUSES BEYOND TC3TELECOM ’S CONTROL. TC3TELECOM IS ALSO NOT RESPONSIBLE FOR INCIDENTAL PROPERTY DAMAGE RESULTING FROM WORK PERFORMED UNDER THE PLAN. B. IN NO EVENT SHALL TC3TELECOM BE LIABLE FOR ANY CLAIMS OR DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS WAGES OR REVENUE, ARISING FROM PERFORMANCE OF THE SERVICES. FURTHERMORE, EXCEPT FOR TC3TELECOM’S LIABILITIES UNDER SECTION 11 HEREIN, IN NO EVENT SHALL TC3TELECOM AGGREGATE LIABILITIES HEREUNDER EXCEED THE TOTAL SERVICES FEES PAID TO TC3TELECOM BY CUSTOMER.

(11) Indemnification:

In addition to the indemnity set forth elsewhere in this Agreement, each party (the “Indemnifying Party”) shall indemnify and hold harmless the other party, its agents, subcontractors and employees (collectively, the “Indemnified Parties”) against all loss, damage and expense (including court costs and reasonable attorney’s fees) which the Indemnified Parties may sustain or become liable for on account of injury to or death of persons, or on account of damage to or destruction of tangible property resulting from the performance of services under this Agreement by the Indemnifying Party or its employees, agents or subcontractors, to the extent such loss or damage is due to a negligent act or omission or the willful misconduct of the Indemnifying Party or its employees, agents or subcontractors or any employee of any of them.