This Agreement contains the terms and conditions that apply to your purchase from Plateau Telecommunications, Inc. ("Plateau") that will be provided to you ("Customer") on orders for Plateau Home Tech or Home Tech Plus Technical Support Agreements ("Support Agreements"). By accepting delivery of the Plateau services and support described on the invoice or order confirmation, Customer agrees to be bound by and accepts these terms and conditions. If you do not wish to be bound by this Agreement, you must notify Plateau immediately. THESE TERMS AND CONDITIONS APPLY AS WELL AS OTHER PLATEAU STANDARD TERMS. These terms and conditions are subject to change upon written notice at any time, at Plateau's sole discretion.
Home Tech and Home Tech Plus Support Services
Plateau will provide Customer with unlimited telephone, email and Web-based technical support assistance ("Support Services") for the full term of the Support Agreement. Term(s) begin upon Plateau's receipt and acceptance of Customer's order of Support Services ("Commencement Date").
Phone, email, or Web-based support is available Monday through Friday, 7:00 am to 10:00 pm – Saturday/Sunday 9:00 am to 9:00 pm Mountain Standard Time - excluding observed U.S. Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Plateau Phone and Web-based support requests will be handled in the order in which they are received. Agreement-based email support requests will be processed within one (1) business day.
Support Agreements will be directly associated to the Plateau Customer account. Customer will be required to provide account authentication prior to receiving support.
On-site support will be scheduled as needed only when phone, email, or Web-based support have been unable to resolve issues. Customer will be placed in scheduling queue for next available on-site technician. Plateau will make a reasonable effort to send an on-site technician as soon as possible, to which Customer understands this could take up to 3 business days.
Professional Services: In addition to the monthly subscription fee for Home Tech or Home Tech Plus, Customer may elect to utilize Plateau for professional services at discounted prices. These optional professional services and prices can be found on Plateau’s website at www.plateautel.com/products/internet/. Professional services and prices may change at any time upon notification. Plateau will provide the following standard-level phone or web technical support and services, as applicable:
- Set-up of computer, tablet, printer, email, and digital imaging devices;
- Installation of computer software, operating system, screen shield, memory and other hardware components and accessories on computers;
- Software troubleshooting and repair;
- Virus removal;
- Data transfer, data back-up, and creation of restore CD/media;
- Data recovery estimate and level 1 data recovery (i.e., recovering deleted files);
- Computer tune-up;
- Set-up of home network and connecting devices including smart home and home theater products to a home network.
- Diagnosis and troubleshooting for computer, printer, home network, connected home, home theater, and appliance issues;
- Cable Installations: installation of telecommunications/broadband cables only. Pricing based on per cable run not to exceed 80 feet. Not available for adobe homes and homes without attic or crawl spaces.
Device servicing Requirements: Customer responsible for providing all necessary software and hardware to be installed. If customer requests Plateau to order software or hardware to be installed, customer must pay, in full, the cost of hardware or software at the time of the request. If it is determined Plateau has to have physical access of the device to perform the requested maintenance, it is the customers sole responsibility to deliver the device to 7111 North Prince Street, Clovis, New Mexico.
- Prior to Plateau servicing customer’s device or any other equipment, if applicable, it is the customer’s responsibility to (1) back-up the data, software, information or other files stored on customers hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives and other removable data storage devices and media from customers device or other equipment that you provide to us. At customer’s request, we will back-up the data on your device.
- Device warranty notification: Even though Plateau will make an effort to determine if customer’s device is under warranty, it is customer’s responsibility to inform Plateau if the device is still under warranty. If Plateau determines the requested service may void factory warranty customer will be informed as such. After being informed that requested service of device may void factory warranty, Customer understands and agrees: (1) it is customer’s sole decision and responsibility to continue with maintenance and (2) Plateau will not be liable for any damages, loss of functionality, or any issues that may arise after maintenance is completed.
Home Tech: Even though Home Tech is a month to month service, customer is required to keep Home Tech on their account for a minimum of 2 billing cycles.
Home Tech Plus: Home Tech Plus has three levels of Wi-Fi options for Customer to choose from and requires a contract commitment of 2 years. Customer understands to make full payment of selected level monthly recurring charges. Plateau will install and integrate the Wi-Fi router and/or access points into Customer’s home network. Additional charges may apply for integrating other devices into the home network, including but not limited to: home automation devices, home entertainment devices, printers, set top boxes, thermostats, smoke/CO2 alarms, cameras, security systems. Refer to Plateau’s website for further details and pricing at www.plateautel.com/products/internet/.
The Agreement for Home Tech Plus will commence on the date of the Agreement and will continue for the period of time specified in the Agreement (the “Initial Term”). At the end of the Initial Term, the Agreement will revert to a month-to-month commitment, unless either party provides the other party, written notification of its desire to cancel the Services. The Initial Term and any Renewal Terms are collectively the “Term”.
- Early Termination by Customer. If Customer terminates the Agreement, or some of the Services provided under the Agreement, before the end of the Initial Term or any Renewal Term (the “Terminated Term”), Plateau will charge Customer, and Customer will pay, an early termination charge equal to 100% of the monthly Service Fee for the terminated Services, multiplied by the number of months remaining in the Terminated Term on the date of termination. The early termination charge is in addition to the full monthly Service Fee payable for the month of, and months prior to, termination. Plateau will also charge Customer, and Customer will pay any unpaid recurring or non-recurring charges. Customer must also contact Plateau to terminate the Services provided to Customer by Plateau.
Termination by Platea
Plateau is entitled, at its sole discretion, to suspend, terminate or change the Services without advance notice upon any misuse of the Services in any way, Customer’s breach of the Agreement, Customer’s failure to pay any sum due hereunder, suspected fraud or other activity by Customer or a User that adversely affects the Services, Plateau, Plateau’s network or another customer’s use of the Services. Plateau will be entitled to determine, at its sole discretion, what constitutes misuse of the Services, and Customer agrees that Plateau’s determination is final and binding on Customer. Plateau may require, and if required, Customer will pay, an activation fee as a condition to changing or resuming a terminated or suspended account.
- Plateau is entitled to terminate any affected portion of the Services if:
- Plateau is prohibited by law from providing such portion of the Services; or
- Any material rate or term contained herein and relevant to the affected Services is substantially changed by or as a result of any regulation or order issued by any court of competent jurisdiction, the Federal Communications Commission (FCC), any other local, state or federal government authority, or any carrier or Internet service provider.
- Upon termination of this Agreement, Customer will be responsible for the full monthly Service Fee for the month in which termination occurs, in addition to any accrued but unpaid charges.
Service and support will be provided to Customer in accordance with the terms indicated in this document and on Plateau's website. Plateau has no obligation to provide service or support until Plateau has received full payment for the Support Agreement(s). Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and are available on Plateau's website. Customer will be provided Support Services only for the Plateau services in which the Support Agreement was purchased. Support availability for a particular service is subject to change at any time without notice.
No Warranty; Limitation of Liability
CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY PLATEAU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. PLATEAU MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES.
EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL PLATEAU BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
PLATEAU MAKES NO WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT.
PLATEAU MAKES NO WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA PLATEAU'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT PLATEAU WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. PLATEAU’S LIABLITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM AMOUNT OF PLATEAU’S LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT OF CUSTOMER’S CONTRACT OBLIGATION.
Indemnification: Customer agrees to defend, indemnify and hold harmless the PLATEAU Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by PLATEAU to Customer. Customer agrees to indemnify and hold harmless the PLATEAU Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of PLATEAU's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the PLATEAU Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of PLATEAU or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by PLATEAU, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any act or omission of Customer in connection with the Services or facilities provided by PLATEAU.
No Relationship: Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between PLATEAU and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
Survival: All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and PLATEAU rights and the rights of others).
Force Majeure: PLATEAU Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes, cable cuts; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over PLATEAU, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
Governing Law: This Agreement shall be governed by the laws of the State of New Mexico. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the State of New Mexico only, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of New Mexico.
Waiver: The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
Severability: If any term or condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.