TSI Support Terms & Conditions
Maintenance: TSI Voice and Data
(“TSI”) agrees to maintain the equipment listed in the Agreement as long as the customer is not in default under this agreement. Maintenance shall include the labor and parts required to repair or replace equipment which has become defective through normal wear and usage, but does not include the repair or replacement of equipment which has become defective due to causes including, but not limited to damage caused by accident, physical abuse or misuse, acts of God and fires, neglect, theft, vandalism, electrical power failure or any other casualty on the part of the customer or operators of the equipment. This Agreement also excludes labor and material costs in connection with relocation, rearrange equipment, add to or remove equipment only on the request of Customer. Customer agrees to pay supplementary charges in accordance with TSI’s current rate for such services. This addition of supplemental Customer equipment purchased and installed during the term of this Agreement will proportionally increase the monthly maintenance charges. This Agreement does not cover service calls pertaining to defective premises wiring or failure or interference of telecommunications equipment provided by TSI. An addendum to original contract price will be added annually and price will be adjusted accordingly.
ng any Services. Customer hereby consents to the filing by TSI of any financing statements or other instruments, including without limitation Form UCC-1, to secure TSI’s rights to its equipment, software or other property, and hereby agrees from time to time to cooperate with TSI in creating, preparing, executing, delivering, endorsing or filing such financing statements or other instruments. TSI’s equipment, software and other associated property shall not be removed from its location where put into service pursuant to this Agreement without prior written notice to TSI of the location or locations to which customer desires to remove the same. Upon expiration or termination of this Agreement for any reason with respect to any Service, customer shall surrender any and all TSI equipment, software and associated property in respect of each such Service to TSI in the same condition as installed, with the exception of ordinary wear and tear. Customer shall be liable to TSI for the cost of repair or replacement of equipment, software and associated property lost, stolen or damaged while in the care of customer.
Maintenance Standard:
The equipment will be maintained by TSI or its subcontractor on accordance with these standards: (1) the equipment will be maintained at levels necessary to provide the communication for which the system was designed; (2) routine maintenance procedures prescribed from time to time by TSI will be performed; (3) all maintenance work will be done by qualified personnel; (4) equipment will either be serviced on-site or brought back to TSI’s repair department at the discretion of the service technician; and (5) if the equipment has been purchased from TSI, a loaner will be place while the Customer’s equipment is being repaired, and if the loaner is of the same specification as the Customer’s original equipment, to TSI’s, at TSI’s option, may provide the loaner as a permanent replacement of the Customer’s original equipment. Service is available Monday through Friday during TSI’s normal business hours. Service work performed after normal business hours, or on weekend and holidays, will be billed at 1 ½ times TSI’s normal labor rates.
ADDS, MOVES AND CHANGES
Adds, moves and changes are billable.
Duration:
This Agreement will AUTOMATICALLY renew for another term unless it is cancelled by either party. Cancellation must be by written notice sent by registered mail at least 30 days prior to the expiration date of the current term. Renewals may be subject to a price increase based upon market conditions.
Payment:
The quarterly, monthly or yearly maintenance charges shall be billed in advance, and shall be paid by the Customer in advance. Payment shall be sent to TSI’s current address. Monthly, Quarterly or yearly charges shall be due and payable whether or not the equipment is operating, and, if the Customer defaults in payment, TSI may, at its option, terminate this Agreement by giving the Customer ten (10) days’ written notice. Monthly charges, which are not paid when due, shall be subject to a service charge of 1.5% per month or the maximum rate permitted by law, whichever is less.
Limitation of Liability:
TSI’s responsibilities under this Agreement cease if the equipment is (1) repaired or adjusted by another person other than a representative authorized by TSI; (2) not supplied with a sufficient power source or any power source that is within the set electrical specifications as established by the manufacturer after notification to the Customer and the Customer’s failure to take corrective action within a reasonable period of time; (3) operated using any telephone equipment and accessories not authorized and approved by TSI; or (4) transferred to a location outside of TSI’s service area. In no event shall TSI be liable for any special, incidental or consequential damages, including commercial or business losses, lost profits, lost goodwill, damage to reputation or any other damage or injury arising out of a failure of the equipment or the negligence or failure of TSI in the performance of this Agreement.
Interruption of Service:
The Customer shall notify TSI in the event of the failure of any unit and TSI shall provide maintenance service in accordance with TSI’s normal operating procedures. The Customer shall notify TSI if the system is entirely out of service (i.e., the Customer is unable to place or receive calls through the switching equipment). TSI agrees to have maintenance personnel on the site within four (4) hours after receipt of notice. TSI does not assume and shall have no liability under this Agreement for equipment failures which are directly or indirectly due to causes beyond the control and without the fault and negligence of TSI. TSI shall not be liable for any special, or consequential damages for interruption of service. Customer further agrees to furnish all pertinent information related to the reported malfunction to TSI’s maintenance personnel or authorized representatives and to afford them at their request, access to the equipment as required for the performance of this Agreement.
Unauthorized Maintenance:
If any person other than an authorized representative of TSI makes any repairs, maintenance, adjustments, or additions to the equipment which in the opinion of TSI increases the maintenance cost of the equipment, TSI shall have the right to make an equitable increase in the monthly maintenance charges. If no agreement can be reached on the increased cost, TSI, at its option, may terminate this Agreement.
Assignment:
TSI may assign this Agreement. The Customer may assign this Agreement only upon the written consent of TSI or its assignee.
Right to Subcontract:
TSI shall have the right to subcontract the maintenance work called for by this Agreement in whole or in part. TSI, however, shall not be relieved of any term of this Agreement on account of a subcontract. TSI shall notify the Customer of the name and address of each subcontractor sent the customer’s job site.
TSI Employees:
Neither the customer nor any of the customer’s affiliates shall contract with any TSI employees or representatives with regard to performing services similar to those outlined in the agreement on any of the Customer’s equipment during the duration of this Agreement and for one (1) year after its termination.
Insurance:
TSI shall have no duty or responsibility to insure the equipment. It shall be the sole obligation of the Customer to insure the equipment.
Waiver:
Failure or delay on the part of TSI to exercise any right, power, or privilege hereunder shall not operate as a waiver thereof.
Entire Agreement:
This Agreement constitutes the entire agreement between TSI and the customer and shall supersede all prior offers, negotiations and agreements.
Binding Effect:
This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, personal representatives, successors and assigns.
Waiver, Modification Ineffective Unless in Writing:
No waiver, amendment, termination, alteration, or modification of this Agreement or any provision hereof shall be binding unless in writing and signed by the parties hereto or their successors and assigns.
Cumulative Remedies:
The various rights and remedies of TSI contained in this Agreement will be construed as cumulative and no one of them will be exclusive of any of the other or of any legal or equitable remedy which TSI might otherwise have in the event of breach or default.
Applicable Law:
This Agreement is to be governed by and construed in accordance with the laws of the State of Wisconsin.
Limitation of Action:
No action to enforce a claim arising under this Agreement shall be commenced more than one (1) year after the termination of this Agreement.
Please contact us for further explanation or with any questions.