This Service Commitment is an addendum to the Service Agreement Terms and Conditions.
Service Commitment
If Customer’s Cbeyond service does not perform in accordance with Cbeyond’s promised standards during the first sixty (60) days of service, and if Cbeyond is unable to resolve performance issues upon notification, Customer may terminate the service in accordance with the terms and limitations described below and, if Customer is returning to its prior provider for the same nature and scope of services that were previously provided by said provider, Cbeyond will credit or reimburse the Customer for certain line connection re-installation charges.
Limitations
In order to invoke the Service Commitment, Customer must have reported troubles to Cbeyond Technical Support, and Technical Support must have verified the trouble. Customer must provide reasonable assistance to identify and remedy the reported problem. Reasonable assistance includes, but is not limited to, promptly reporting the problem to Cbeyond Technical Support, providing Cbeyond access to your premises, and assisting Cbeyond with
identification and resolution of the problem.
The Service Commitment applies to service quality, outages or interruptions only. The Service Commitment cannot be invoked in any other circumstances, such as, but not limited to, the following: customer is moving to a different locations customer no longer has business need for services; customer is closing the business location; or customer becomes aware of an existing contract for services with another provider.
In all circumstances, including those in which the Service Commitment is invoked, if the customer terminates the contract with Cbeyond prior to the end of the Service period, all promotional credits will be reversed to the customer’s account. This includes any waiver of installation fees.
Cbeyond reserves the right to change or modify the program rules and regulations of this limited commitment program at any time without notice.
Charges and Payments
If you switch your service back to your previous local provider, Cbeyond will reimburse you for the actual standard cost paid by you for the re-installation of your local telephone service, if any, up to $100 per local line or a maximum of $1,000 per account, provided that the services your previous local provider installs for you are the same type and scope of services you had before switching to Cbeyond and provided at the same customer location(s). If
you do not switch back to the same provider you had before coming to Cbeyond or if you do not receive the same level and type of service that you had with your previous provider, Cbeyond will not reimburse you for the switching charges. Any vendor-related costs you incur in switching back your services will not be reimbursed.
If you did not pay Cbeyond for installation charges or only paid partial installation charges, due to a promotion or a waiver, you will need to pay for the full service installation charge prior to Cbeyond issuing a reimbursement. You are responsible for all charges incurred on your account from the use of Cbeyond's service. Your account must be current with all payment before a service commitment reimbursement is processed to your account.
Customer’s Responsibilities
To take advantage of this offer, you must provide written notice to Cbeyond Customer Care within the first 60 days after service installation with the reasons why you are not satisfied with the service you are receiving from Cbeyond and give Cbeyond an opportunity to resolve the service issue. You must inform Cbeyond of the service issues as soon as you discover them and give Cbeyond an opportunity to fix them. At the time you inform Cbeyond Customer Care that you want to disconnect your service, you must affirmatively state that you want to invoke the Service Commitment. Failure to do so negates your right to invoke this service commitment at a later date. To provide written notice, log in to CbeyondOnline™ select “My Requests” under the Account info section and add a new request.
You are responsible for making all necessary arrangements to switch your services back to your previous provider. Cbeyond is not responsible for ordering any service change, nor liable for any outage or inconvenience you may experience during the switchover. You will be responsible for paying all charges related to switching your services. Cbeyond will reimburse you for the actual re-installation cost but will not pay your provider directly. In order for Cbeyond to determine the appropriate reimbursement, you must send Cbeyond, within 60 days of service disconnection, the invoice showing the services you had prior to establishing service with Cbeyond and, you must provide the invoice detailing the re-installation costs and proof of payment for such reimbursement costs. In addition, all Cbeyond equipment must have been returned undamaged to Cbeyond. If the Customer satisfies the requirements stated herein, Cbeyond will process a credit to your account or, if you are current with all payments, Cbeyond will issue a check in the appropriate amount as solely determined by Cbeyond. If the prior provider does not charge any installation fee or has waived such fee, then there will be no reimbursement.
