Terms & Conditions

1. Availability to Eligible Customers
2. Insurance
3. Warranties
4. Limitation on Liability
5. Indemnification
6. Maintenance & Repair Specs
7. Additional Services


AVAILABILITY TO ELIGIBLE CUSTOMERS
Time Warner Telecom proposes to provide Local Telephone Services through
tw telecom's Lucent 5ESS-2000 switches, which are located in the tw telecom Central Offices in Austin, Dallas (late 1999 or early 2000), Houston, and San Antonio. Availability to Qualified Ordering Entities will be in accordance with these locations.
   
INSURANCE
During the term of any contract with an eligible customer, tw telecom will maintain the following minimum insurance coverage.

1. Workers’ Compensation and Employers’ Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Art.
2. 8308-1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for employers Liability of $250,000 bodily injury per accident, $500,000 bodily injury disease policy limit and $250,000 per disease per employee.
3. Commercial General Liability with a combined single limit of $500,000 per occurrence for coverage AB&C including products/completed operations, where appropriate, with a separate aggregate of $500,000. The policy shall contain the following provisions:

1. Blanket contractual liability coverage for liability assumed under the contract.
2. Independent Contractors coverage.
3. State of Texas, GSC, listed as an additional insured.
4. 30-day Notice of Cancellation in favor of the GSC.
5. Waiver of Transfer Right of Recovery Against Others in favor of GSC.

4. Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsement in favor of the GSC.

1. Waiver of Subrogation endorsement
2. 30-day Notice of Cancellation endorsement.
3. Additional Insured endorsement.

As a local service provider we transfer no title or ownership of any equipment to our customers. Our service is under maintenance, and product warranty does not apply.

LIMITATION ON LIABILITY
tw telecom is not liable for any failure of performances if such failure is due to any cause or causes beyond the reasonable control of Company, including, without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures.

The liability of Time Warner Telecom for damages of any nature arising from errors, mistakes, omissions, interruptions, or delays of tw telecom, its agents, servants, or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing the service or facilities or equipment will not exceed an amount equal to the charges applicable under this agreement (calculated on a proportionate basis where appropriate) to the period during which such error, mistake, omission, interruption or delay occurs. tw telecom will issue credit allowances in accordance with tw telecom’s standard service credit policy to Customer upon Customer’s written request if a Service interruption is caused by a fault within Company’s network. tw telecom is not liable for any incidental, indirect, special or consequential damages (including lost revenues or profits) arising from any act or omission under this agreement.

INDEMNIFICATION
Subject to the limitations elsewhere in this Agreement, Contractor shall defend and indemnify eligible customers against any and all liabilities, losses, costs and expenses from any claims or suits brought against eligible customers based upon physical injury to individuals (including death) and damage to tangible physical property to the extent caused by Contractor's negligence in delivery, installation or maintenance of the ordered services. Contractor shall pay reasonable costs of defense and damages or settlement in any such suit, provided Contractor is notified in writing within 30 calendar days of eligible customers receipt of notification of the claim or suit and is provided an opportunity to assume the defense.

To the extent permitted by law, the applicable eligible customer shall indemnify, defend and hold harmless Contractor (including the cost of reasonable attorney's fees) against: (i) claims of libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the content transmitted over Contractor's facilities or equipment; and (ii) claims for patent infringement arising from combining or connecting Contractor's facilities or equipment with facilities, equipment, apparatus or systems of eligible customers; (iii) all claims of any kind by GSC's end users, and (iv) all other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of GSC or any eligible custoemrs, in connection with any service or facilities or equipment provided by Contractor.

MAINTENANCE AND REPAIR SPECS
tw telecom provides maintenance and repair for any trouble up to demarcation point during the contract term.

SERVICE ACCEPTANCE AND TROUBLE REPORTING PROCEDURES

1. Upon completion of provisioning an order, tw telecom will fax a Service Acceptance Form to the customer.
      
2. If tw telecom does not receive the form back from the customer by close of business on the due date, then tw telecom will consider the service automatically accepted and billing will commence as of the completion date indicated on the form.
       
3. If the customer wishes to delay the requested due date for service, the customer must notify tw telecom in writing at least 72 hours prior to requested due date. The customer will be responsible for any third party charges incurred by tw telecom to fulfill the order prior to receipt of the notice. When accepting the service, the customer may not alter the completion date indicated on the service acceptance form to delay the commencement of billing.
      
4. If the customer indicates non-acceptance of the service, the customer must provide a detailed reason on the form of why they cannot accept the service. The reasons for non-acceptance must be specific to a problem with the service indicated on the form. Issues related to Customer premise equipment are not considered as valid reasons for non-acceptance of the service.
   tw telecom will review the customer’s explanation for non-acceptance, work with the customer to resolve any issues related to tw telecom service, and re-issue a Service Acceptance Form. If tw telecom does not agree with the customer’s request for non-acceptance, tw telecom will so notify and the service will be billed as of the original completion date indicated on the form.
      
5. If the customer encounters a problem on any service after the actual completion date, the customer must open a trouble ticket by calling 1-800-829-0420 for transport services, or 1-888-245-0608 for switched services. tw telecom will issue credits in accordance with its standard service credit policy based solely on the nature of the problem and its duration. The duration of the problem is determined solely by the date and time the trouble ticket was opened and subsequently closed out as a resolved issue. Credits will not be issued unless a trouble ticket exists for the circuit in question.
      
6. Acceptance Testing: Within 30 days of completion, tw telecom strongly encourates the customer to schedule an acceptance test with tw telecom 72 hours prior to using the service. tw telecom will work with the customer to test the service to their satisfaction. Trouble Reports during this 30 day period may include this testing as part of the trouble resolution.