If you subscribe to Voice Services, the following terms apply, in addition to the general terms of service and any other terms applicable.
Voice Services
1. FREE MINUTES
Skywire offers free minutes with several of the plans. Free minutes are credited at the end of the billing month. If you switch away, or change plans in the middle of the month, you will be charged per minute for the free minutes.
2. Unlimited Voice Service.
Unlimited Voice Service is subject to the following limitations: Local service is limited to 2,500 minutes of use per month; local toll service is limited to 1,000 minutes of use per month; and domestic long distance is limited to 1,500 minutes of use per month. Customers who exceed this allotment will be charged according to rates described in this tariff’s rate schedule.
Unlimited Voice Service does not include calls to hotlines, chatlines, conference calls and other premium services.
3. Inside Wire Maintenance
I. Skywire offers Inside Wire Maintenance (“IWM”) for residential and business customers. Having the plan is not a prerequisite for obtaining service from Skywire. As an Skywire customer you are responsible for maintaining all premise Telecommunications Wire and Telecommunications Equipment (e.g. phones, faxes, computer modems, alarms, etc.). Premise Telecommunications Wire (“Telecommunications Wire”) is the wire extending from the network interface (the point where Skywire Telecom’s network facilities connect to your premise, and is generally mounted on the exterior wall) up to and including your jacks. The following terms and conditions will govern the provision of the IWM service:
II. Description of the Plan: In accordance with Skywire’s standard procedures, Skywire will perform such diagnostics and repairs to the Customer’s standard inside telephone wire and jack(s) associated with each Skywire dial tone line covered under the Plan (subject to the Plan Exclusions listed below) that become necessary and are reported to Skywire 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, the Customer should contact Skywire repair at 646 722 7200 and follow the voice prompts.
III. Charges. The charges for the Plan are subject to change by Skywire 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 Skywire’s bill. Payments received after that date may be subject to a late payment charge.
IV. CHANGES IN MONTHLY CHARGES, TERMS AND CONDITIONS: THE CHARGES FOR THE PLAN, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THE PLAN, MAY BE CHANGED BY SKYWIRE AT ANY TIME UPON AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF A BILL INSERT OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BY THE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY THE CUSTOMER TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS. IF THE CUSTOMER DOES NOT WISH TO CONTINUE RECEIVING THIS PLAN UNDER SUCH REVISED CHARGES, TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATE PARTICIPATION UNDER THE PLAN AT ANY TIME UPON NOTICE TO SKYWIRE.
V. Limited 30-Day Warranty Skywire 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 Skywire within said 30-day period, Skywire 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 billed a service charge.
VI. Limitation of Liability. THE LIABILITY, IF ANY, OF SKYWIRE, 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 SKYWIRE, 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.
VII. Exclusions. The Plan does not apply to repair of/or:
1. Wire/cable larger than 8-pair, unless otherwise expressly agreed by Skywire. Provided, however, if problems are determined to be caused by defective conductors in wire/cable larger then 8-pair, Skywire 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.
2. 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.
3. 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 Rulesand Guidelines, or fail to meet Skywire’s 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;
4. 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;
5. Restoration of your premises if you ask Skywire to repair concealed wire
6. The Customer’s telephones or other premises equipment
7. Inside telephone wiring, jacks or other items used in connection with your telephone line if the line is provided by a Company other than Skywire
8. Repair or replacement caused by fire and/or burst pipes. (This is normally covered under the customer’s homeowner insurance.)
9. Repair of damage caused by a second party. For example, carpet layer/contractor cutting IW or damaging IW or jacks
10. Repair of marine, recreational vehicle (RV), and construction trailer jacks and wiring
11. Repair of IW or jacks associated with complex IW, WATS or data services
12. Repair of customer provided equipment (instruments, modems, security systems, satellite TV dishes, etc.). Repair of jacks not previously connected to the line reported
13. Extensions located at a different address. (IWMP covers IW that is within the same property lines as the main line)
VIII. If a Skywire 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 a Maintenance Premises Visit Charge for the visit plus a minimum 30 minute labor charge at Skywire’s then-applicable rates.
IX. On all repairs Skywire does not “fish” walls. If wall-run wire cannot be used to run replacement wire the Skywire Technician will run replacement cable via baseboard only.
X. TERMINATION The Customer may terminate participation in the Plan at any time simply by notifying Skywire’s local business office (or such other number that Skywire may designate for such purpose). Skywire 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.
XI. EFFECTIVE DATE Commencement and termination of coverage under the Plan shall be effective on a date to be determined by Skywire, which shall not be more than 30 days after Skywire receives the Customer’s request(s) to commence or terminate the Plan.
XII. CHOICE OF LAW Except as otherwise required by law, the Customer and Skywire agree that the Federal Arbitration Act and the substantive laws of the state of the Customer’s billing address, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS THE CUSTOMER AND SKYWIRE AGREE OTHERWISE, THE CUSTOMER AND SKYWIRE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF THE CUSTOMER’S BILLING ADDRESS 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.
