Business Premier Technical Support Terms of Service
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
Business Premier Technical Support is an optional monthly plan available to current Optimum and Suddenlink Business Subscribers which includes (a) technical support services for devices within your immediate service location that can connect to your wireless network ("Support Services"), and (b) access to the Premier Protection & Support mobile application ("Support App"). The Support Services and Support App may be referred to, collectively, as "BPTS," the "Services" or the "BPTS Plan."
Subscriber's use of BPTS shall be deemed acknowledgement that Subscriber has read and agreed to these terms of service. Any Subscriber who does not agree to be bound by these terms should immediately stop their use of BPTS and notify the appropriate Optimum or Suddenlink Customer Service Department to terminate the account. This is a legal document.
In the TOS: (a) "Altice", "We", "Us" and "Our" means CSC Holdings, LLC and Cequel Communications, LLC and their respective parents, subsidiaries, branches, affiliates, third-party providers, agents, contractors, employees, successors and assigns; and (b) "Subscriber," "You" and "Your" mean an individual who accesses or uses BPTS, as well as any person or entity represented by that individual.
The Business Premier Technical Support Services (the "Services") are available for all the devices that can connect to your wireless network, with the exception of the equipment provided and supported by Altice ("Supported Devices").
The Services only include (a) technical support for the Supported Devices and the operating systems and software applications either thereon or intended to be used thereon; and (b) technical support for the use of the Supported Devices with other devices and services manufactured to be compatible with the Supported Devices or intended to be connected thereto. The Services do not include, among other things, (a) assistance with third-party software or services that are not related to Your Supported Devices; (b) diagnostic support not related to Your Supported Devices; (c) modification of Original Equipment Manufacturer ("OEM") software; (d) installation of third-party software or OEM drivers not supported by Your Supported Devices; (e) installation of non-sanctioned applications; or (f) data migration from device to device.
We will use commercially reasonable efforts to provide you with BPTS. This means that if we are unable to resolve the issue related to your supported device after making commercially reasonable efforts, we have the right and sole discretion to refuse to take further efforts to do so. Additionally, in some instances, we may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve Your issue. Some technical problems that You encounter when using Your Supported Device may be the result of software or hardware errors not yet resolved by the vendors, manufacturers or developers of that software or hardware, in which case We may not be able to resolve Your issue.
When seeking service, you represent that You are the Named Account Holder or an Authorized User on the account, as well as any software on it or any device connected to Your Supported Device. When seeking service, You (a) expressly consent to technical support personnel remotely accessing Your Supported Device and the data thereon through use of software or other means; and (b) authorize Us to affect changes to Your Supported Device, to the extent necessary and acknowledge and agree that such changes may be permanent and irreversible.
To receive BPTS, You may be required to download and/or run certain software applications ("Software") on Your Supported Device and/or on any device connected to or used in connection with Your Supported Device. The Software may include remote access tools that allow us to remotely access Your Supported Device and any device connected thereto, as well as the contents thereon. You agree that any remote access of Your Supported Device in connection with providing the Services may be recorded for quality control purposes, including video capture of the remote access session. You also agree to comply with the terms and conditions applicable to the Software and, in the event of a conflict between those terms and conditions and these TOS, the Software-specific terms and conditions control, but only with regard to the Software itself. You are prohibited from and agree not to alter or copy the Software or any other materials provided to you as a result of your use of BPTS.
It is your responsibility to back-up the software and data that is stored on Your Supported Device or devices connected to or used in connection with Your Supported Device, and we are not responsible for any loss, alteration, or corruption of any software or data. We may decline to provide service to you if we determine that You have not taken appropriate back-up measures.
In some circumstances, you may need to purchase additional equipment or software to receive the full benefit of BPTS, and you may incur data usage charges when using BPTS. In those circumstances, you are fully and solely responsible for the cost of any such equipment or software and the payment of any such charges.
Altice may, at its option, terminate this Agreement for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Altice or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Altice's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (i) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (ii) not to engage in conduct required by this Agreement, each case determined in Altice's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
Subscriber agrees that in the event of termination by Altice, Altice and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Altice to remove Equipment, if applicable, shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Altice in the event that Altice shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Altice, Altice, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum or Suddenlink Services by Subscriber or any former user of Subscriber's account or services.
The arbitration provision applicable to Optimum Subscribers may be found in Section 22 of the General Terms and Conditions of Service and is hereby incorporated by reference. The arbitration provision applicable to Suddenlink Subscribers may be found in Section 14 of the Commercial Service Agreement and is hereby incorporated by reference.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with BPTS are the exclusive property of Altice or its third party providers, and all such rights not expressly granted to You in these TOS are hereby reserved and retained by Us. If You submit comments or ideas about BPTS, including ways to improve BPTS or other of Our products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that Altice does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
These TOS and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Altice, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
If any term of these TOS is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from these TOS. Any failure to enforce a right or term of these TOS shall not be deemed a waiver of that right or term.
These TOS shall be exclusively governed by, and construed in accordance with, the laws of the State of New York for Optimum and Suddenlink Subscribers.
This TOS constitutes the entire agreement between the Subscriber and Altice for BPTS. No undertaking, representation or warranty made by any agent or representative of Altice in connection with the BPTS Services shall be binding on Altice except as expressly included herein.
Altice may, in its sole discretion, change, modify, add or remove portions of these TOS at any time. Altice may notify Subscriber of any such changes to these TOS by posting notice of such changes on the Optimum and Suddenlink website, as applicable, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Services following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these TOS, Subscriber must immediately cease using the BPTS Services and notify Altice that Subscriber is terminating the Services.
Effective May 18, 2017