LENNON TELEPHONE COMPANY SERVICE
TERMS AND CONDITIONS OF SERVICE
When you, the Customer, purchase a Lennon Telephone Company Service Bundle or LTC
Service Bundles (individually referred to as “Service Bundle,” or collectively as
“Service Bundles”), you agree to these Terms and Conditions of Service located at
LTC’s website: www.lentel.com. and incorporated herein by
reference. Other restrictions, terms and conditions for the individual services may also
apply.
The Service Bundles are available to residential and small/home business customers in
selected areas. For purposes of these Terms and Conditions of Service, small/home
business is defined as single line. If you purchase a Service Bundle, you must select
LTC as your provider of each of the individual services offered in the bundle.
Service Bundles include domestic, direct-dialed calls only. If any individual service in
the Service Bundle is dropped, savings no longer apply. Customers with a credit limit,
non-basic block or toll block on their existing services are not eligible to purchase a
LTC Service Bundle. All other LTC accounts must be current at
enrollment for a Service Bundle and the Customer must maintain a good payment history
to keep the Service Bundle. You will incur penalty charges in the event of disconnection
for non-payment. Service Bundles require the Customer to have the same billing name
and address for all of the services offered within each Service Bundle.
* Terms and Conditions of Service are also available in paper form upon written
request to: Lennon Telephone Company – Customer Service
Service Contracts/Entire Agreement
Your signed and executed Service Contract for the Service Bundles, these Terms and
Conditions of Service, any additional Terms, Policies, or Tariffs for the individual
services and the rates for services as provided to you upon request, constitute the entire
agreement between you as the Customer, and Lennon Telephone Company and its
affiliates, including Total Communications, Long Distance, and
TVC, Inc (collectively referred to herein as “LTC”) (“Agreement”) for the
purchase of the Service Bundles from Lennon Telephone Company.
This Agreement is binding upon you, the Customer, and governs your use of
LTC’s services, superseding any prior agreements between you and
LTC and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject matter. No amendment
to this Agreement shall be binding upon LTC unless and until posted.
Other Terms and Policies Incorporated Herein By Reference
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These Terms and Conditions of Service include, and incorporate herein by reference, all
additional Terms, Policies and Tariffs for each of the individual services offered by
LTC.
Fees and Charges
You agree to pay all charges and fees associated with the use of the services offered by
LTC, which charges may include, without limitation, monthly service fees,
charges for the use of LTC’s equipment, installation charges, charges for
service calls and other charges. LTC shall have the right to change the amount
of fees and charges from time to time at its discretion and upon reasonable advance
notice. Monthly service, equipment and other fees shall be payable monthly in advance.
Installation and other charges will be billed according to our then current billing policies.
Your LTC invoice may also contain charges for other services provided by us
or our subsidiaries or affiliates. If we receive partial payment of any such invoices, we
will apply such payment in the amounts and proportions to the outstanding charges as we
determine. Our acceptance of any partial payment by you does not mean that we waive
our rights to collect the full balance owed to us.
Taxes
You are responsible for, and shall pay, any applicable federal, state, provincial,
municipal, local or other governmental sales, use, excise, value-added, personal property,
public utility or other taxes, fees or charges now in force or enacted in the future, that
arise from or as a result of your subscription or use or payment for the service. Such
amounts are in addition to payment for the service. If you are exempt from payment of
such taxes, you shall provide LTC with an original certificate that satisfies the
applicable legal requirement attesting to tax-exempt status. Tax exemption will only
apply from and after the date LTC receives such certificate.
Termination/Discontinuance of Service
LTC reserves the right to suspend or discontinue providing its services
generally, or to terminate your service, at any time in its sole discretion. If
LTC discontinues providing its services generally, or terminates your service in
its discretion without a stated reason, you will only be responsible for charges accrued
through the date of termination, including a pro-rated portion of the final month’s
charges. If your service is terminated for any stated reason, including without limitation
violation of your Agreement, including these Terms and Conditions, or because of any
improper use of the service (such as, but not limited to, your attempts to disrupt or misuse
the service or your acts or omissions that violate any acceptable use policy of
LTC or of a third party provider to which LTC is subject), you will
be responsible for the full month’s charges to the end of the current term, including
without limitation unbilled charges, disconnect fees, and equipment charges as set forth
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herein these Terms and Conditions, all of which immediately become due and payable.
Other fees may also apply.
Disconnect Fees
In addition, labor charges and/or service order charges may be incurred if any onpremises
or central office work is performed to restore any of the services offered by
LTC where such services are disconnected for non-payment, as defined below:
- The customer will incur labor and/or service charges if LTC performs onpremise
or central office work to restore any of the services offered by LTC
due to customer moving or changing their location. LTC customer relocation
fee is $40.00.
- The customer will incur labor and/or service charges if LTC performs onpremise
or central office work to restore any of the Service Bundles due to disconnection
as a result of non-payment. The reconnection fee for each of the Service Bundles is
$50.00.
- The customer will incur labor and/or services charges if a LTC technician is
required to come out on a trouble call and the customer does not have the inside wire
maintenance plan and if the trouble is not found in LTC equipment. A service
charge of $40.00 will apply for this visit.
If you terminate a Service Bundle prior to the end of a calendar month, you will be
responsible for the full month’s charges, as well as any other applicable fees, including
without limitation unbilled charges, disconnect fees, equipment charges and Early
Termination Fees, all of which immediately become due and payable. Expiration of the
term or termination of the service does not excuse the Customer from paying all unpaid,
accrued charges due in relation to the Agreement. Failure to pay the full bundle price in
any calendar month is grounds for automatic termination of the bundle, and applicable
Early Termination Fees, equipment charges, and other fees and penalties may apply.
Lennon Telephone Company
Prohibited Uses
You agree to use the services only for lawful purposes. This means that you agree not to
use them for transmitting or receiving any communication or material of any kind when
in LTC‘s sole judgment the transmission, receipt or possession of such
communication or material (i) would constitute a criminal offense, give rise to a civil
liability, or otherwise violate any applicable local, state, national or international law or
(ii) encourages conduct that would constitute a criminal offense, give rise to a civil
liability, or otherwise violate any applicable local, state, national or international law.
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LTC reserves the right to terminate your service immediately and without
advance notice if LTC, in its sole discretion, believes that you have violated the
above restrictions, leaving you responsible for the full month’s charges to the end of the
current term, including without limitation unbilled charges, plus a disconnect fee, all of
which immediately become due and payable and may at LTC’s discretion be
immediately charged to your credit card. You are liable for any and all use of the service
by yourself and by any person making use of the service provided to you, and agree to
indemnify and hold harmless LTC against any and all liability for any such use.
If LTC, in its sole discretion believes that you have violated the above
restrictions, LTC may forward the objectionable material, as well as your
communications with LTC and your personally identifiable information to the
appropriate authorities for investigation and prosecution and you hereby consent to such
forwarding.
Limitation of Liability
Lennon Telephone Company shall not be liable for any delay or failure to provide the service, at any
time or from time to time, or any interruption or degradation of voice quality that is
caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;
government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to
Customer;
8) outage of Customer’s ISP or broadband service provider;
9) act or omission of Customer or any person using the LTC’s service(s)
provided to Customer; or
10) any other cause that is beyond LTC‘s control, including without limitation a
failure of or defect in any device, the failure of an incoming or outgoing communication,
the inability of communications to be connected or completed, or degradation of voice
quality.
LTC‘s aggregate liability for (i) any failure or mistake; (ii) any claim with
respect to LTC’s performance or nonperformance hereunder or (iii) any
LTC act or omission in connection with the subject matter hereof shall in no
event exceed service charges with respect to the affected time period.
Disclaimer of Damages
IN NO EVENT SHALL LENNON TELEPHONE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO
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FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS. THE LIMITATIONS SET
FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT,
BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL
OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT
LENNON TELEPHONE COMPANY WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR
TYPE OF DAMAGES.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Lennon Telephone Company, its officers,
directors, employees, affiliates and agents and any other service provider who furnishes
services to Customer in connection with this Agreement or the Service, from any and all
claims, losses, damages, fines, penalties, costs and expenses (including, without
limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or
user of Customer’s Service, relating to this Agreement, or the services being provided by
LTC. This paragraph shall survive termination of this Agreement.
No Warranties on Service
LENNON TELEPHONE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS OF ANY OF THE SERVICES FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE,
COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY
THAT ANY OF THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, LENNON TELEPHONE COMPANY DOES NOT WARRANT
THAT ANY OF LTC’S SERVICES WILL BE WITHOUT FAILURE,
DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR
LOSS OF CONTENT, DATA OR INFORMATION. NEITHER LENNON TELEPHONE COMPANY NOR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY
OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR
PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR
ANY LTC SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS
TO LTC‘S OR CUSTOMER’S TRANSMISSION FACILITIES OR
PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT,
FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS
OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LTC‘S OR
ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND
DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY
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LENNNON TELEPHONE COMPANY OR LTC‘S AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this
Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates
any other third party beneficiary rights.
Content
You are liable for any and all liability that may arise out of the content transmitted by or
to you or Users using the services. You shall assure that your or Users’ use of the
services and content will at all times comply with all applicable laws, regulations and
written and electronic instructions for use. LTC reserves the right to terminate
or suspend affected services, and/or remove your or Users’ content from the services, if
LTC determines that such use or content does not conform with the
requirements set forth in this Agreement or interferes with LTC‘s ability to
provide services to you or others or receives notice from anyone that your or Users’ use
or Content may violate any laws or regulations. LTC‘s actions or inaction under
this paragraph shall not constitute review or approval of your or Users’ use or content.
You will indemnify and hold LENNON TELEPHONE COMPANY harmless against any and all liability arising
from the content transmitted by or to you or to Users using the services. For purposes of
this paragraph, the term “User” means any person, whether authorized or unauthorized,
using the service provided to you.
Governing Law / Resolution of Disputes – Mandatory Arbitration
Any dispute or claim between you, the Customer, and LTC arising out of or
relating to the service provided in connection with these General Terms and Conditions
shall be resolved by arbitration (“Mandatory Arbitration”), unless otherwise specified in
Customer’s individual Service Contract. To the extent that there is a conflict regarding
this Mandatory Arbitration provision, the Customer’s individual Service Contract
supersedes the Terms and Policies of the individual services.
The arbitrator’s decision shall follow the plain meaning of the relevant documents, and
shall be final and binding. The parties agree that no arbitrator has the authority to: (i)
award relief in excess of what this Agreement provides; or (ii) award punitive or
exemplary damages. Judgment on the award rendered by the arbitrators may be entered
in any court having jurisdiction thereof. All claims shall be arbitrated individually and
Customer will not bring, or join any class action of any kind in court or in arbitration or
seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER
ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A
WAIVER OF ANY RIGHT TO A JURY TRIAL.
Governing Law / Resolution of Disputes – Governing Law
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The Agreement and the relationship between you and LTC shall be governed
by the laws of the State of Michigan without regard to its conflict of law provisions. To
the extent court action is initiated to enforce an arbitration award or for any other reason
consistent with the Mandatory Arbitration provision herein, you and LTC agree
to submit to the personal and exclusive jurisdiction of the courts located within the state
of Michigan and waive any objection as to venue or inconvenient forum. The failure of
LTC to exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. If any provision of the Agreement is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the service or the Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts
of this Agreement are still valid and enforceable. Such invalidity or non-enforceability
will not invalidate or render unenforceable any other portion of this Agreement.
Privacy
Lennon Telephone Company utilizes, in whole or in part, the public Internet and third party networks to
transmit communications. LTC is not liable for any lack of privacy which may
be experienced with regard to the service. Please refer to our Privacy Policy applicable to
you at www.lentel.com for additional information.