Agreement for Optimum Voice for Business
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.
CSC Holdings, LLC, formerly CSC Holdings, Inc., ("Cablevision") is pleased to provide its Optimum Voice for Business Service to you in accordance with these terms of service, which terms and conditions incorporate and include the General Terms and Conditions of Service, the Agreement for Optimum Online for Business, and the Cablevision Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of the Optimum Voice for Business Service shall be deemed acknowledgment 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 the Optimum Voice for Business Service and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.
Cablevision's Optimum Voice for Business digital phone service provides unlimited calling within the United States, Puerto Rico, Canada and the US Virgin Islands in connection with Cablevision's Optimum Online service in accordance with the following terms of service. Optimum Voice for Business also offers an optional international calling plan for direct-dialed calls made from the Subscriber's business to locations outside of the United States, Puerto Rico, Canada and the US Virgin Islands.
Subscriber agrees to pay the monthly service charge for Optimum Voice for Business service. Optimum Voice for Business service is offered only as an additional service of Cablevision's Optimum Online offering and may not be purchased as a stand-alone service. Optimum Voice for Business is offered only to the Cablevision authorized address where Optimum Online service is provided. Cablevision reserves the right to increase or decrease the fee for any services offered. Fees for Optimum Voice for Business service shall be posted at http://www.optimumbusiness.com/pricing/business-phone.jsp. Optimum Voice for Business service will be terminated in the event the Subscriber does not pay. The interstate/international allocation of Optimum Voice telephone service is based upon a traffic study that analyzes the intrastate, interstate and international minutes of all customers.
Optimum Voice for Business service is offered with the following features:
Enhanced 911 ("E-911") is a feature of the Optimum Voice for Business service that allows emergency operators to automatically know the telephone number and address of the dialing party. This E-911 feature has certain requirements in order to operate, as well as certain limitations:
Optimum Voice offers an International Calling Service for direct-dialed calls made from the Subscriber's business or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the United States ("U.S."), Puerto Rico, Canada, and the U.S. Virgin Islands at per minute rates. The Optimum Voice International Calling Service is automatically enabled for each line, including, where applicable, the SIP Trunk Pilot telephone number. In order to activate the International Calling Service, Subscriber must login to the Optimum Business Account Center and activate the service on the desired line(s). Audio-text lines/destinations are excluded from Optimum Voice International Calling.
IMPORTANT: It is the customer's responsibility to properly secure their own phone system and network, including but not limited to securing the private branch exchange ("PBX") to prevent the PBX from being compromised and fraudulent calls from being made. If fraudulent calls are detected, Cablevision reserves the right to disable International Calling without prior notice until the customer properly secures their phone system (including the PBX) or network. Customers are responsible for all charges incurred as a result of an unsecured phone system or network.
Cablevision reserves the right to impose limits on the unpaid balance for Optimum Voice International Calling charges incurred by Subscriber during a Usage Cycle (the "Calling Limit"). Cablevision shall have the right to modify Calling Limits, either on an individual Subscriber basis or as applied to all Subscribers, in its sole discretion and impose varying Calling Limits depending on Subscriber's account status.
Optimum Voice for Business offers professional installation of a voice-enabled modem (See section 5). Optimum Voice for Business provides a business wiring solution that enables customers to use Optimum Voice for Business as standard telephone lines. Cablevision will use a network interface device (NID), a common connectivity panel used in commercial locations and the NID will be the demarcation point for the Optimum Voice for Business service. Cablevision will connect the wiring from the cable modem to the NID. An existing cable modem for Optimum Online might not be located near the NID on the Subscriber premise. Cablevision will determine the best method of installation and location of the modem to deliver the service at the time of installation.
Cablevision will be responsible for delivering dial tone to the demarcation point (NID) only. Subscriber will be responsible for wiring from the NID out to the individual phone(s). Cablevision reserves the right to determine the manner in which the business wiring solution is executed. In certain cases, Cablevision may be required to alter or adapt the Subscriber's inside wiring so that Optimum Voice for Business is available on the existing phones. Optimum Voice for Business does not offer a wire maintenance plan. The Subscriber is solely responsible for maintaining all inside wire and phones within the business. Optimum Voice for Business will troubleshoot and fix reported problems for a specified service charge. The service charge is based on the then current rate in effect. In certain buildings such as multiple dwelling units, Optimum Voice for Business may not have access to the Subscriber's inside wiring located within the business. In these instances, Cablevision has the right to determine how best to wire the Subscriber's business.
Alarm Systems. If Subscriber has a centrally monitored system, which is not (i) a high security monitoring system (UL 681 or similar) or (ii) an emergency medical alert system, Optimum Voice for Business will be wired so that it may be available for use with such system. This request must be made at the time of sale. Although Optimum Voice for Business will supply a connection that will allow the operation of Subscriber's existing business security system, Optimum Voice for Business does not guarantee that any such system will be in complete operational order following the installation of Optimum Voice for Business. As such, it is Subscriber's obligation to contact their security system provider to inform them of your Optimum Voice for Business installation and any change in phone number and to request a complete operational test of such system immediately following installation of Optimum Voice for Business service. In addition, it is your responsibility to test your system on a regular basis. Optimum Voice for Business installation will insure proper wiring from the cable modem to the Cablevision demark (NID/wiring block). However, any inside wiring from the NID/wiring block to the alarm panel is Subscriber's responsibility. In the event of a large-scale power outage or network outage (whether unplanned or maintenance related), Optimum Voice for Business service, including any security system, which uses Optimum Voice for Business to connect to central station monitoring, will not function.
Cablevision does not support the use of Optimum Voice for Business as a connection between medical alert systems or, (ii) any high security monitoring systems (UL 681 or similar) and the central station monitoring and Subscriber must maintain an alternate connection. Cablevision does not support the use of Optimum Voice for Business as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for service locations in Pennsylvania. If Optimum Voice for Business is used as a connection between fire alarm systems (UL 864 or similar) and the central station monitoring for a Subscriber service location as permitted hereunder, Subscriber agrees that it will be solely responsible for contacting its authorized central station monitored fire alarm system provider to test and verify that the central station monitored fire alarm system is in good working order following Cablevision's Service installation, including the testing of proper line seizure functionality and the successful transmission of signals at the supervising station.
Optimum Voice may from time to time, offer additional service features or functionality. Information about these features or functions will be available through the Optimum Voice Home Page. These features or functions may be further subject to specific terms and conditions and subject to change at any time by Cablevision.
Optimum Voice for Business service requires a voice-enabled cable modem with battery backup that is supplied through Subscriber's Optimum Online service (modem fees may apply). Upon termination of either Optimum Voice for Business or Optimum Online Service for any reason, Subscriber may be asked to return the Cablevision-supplied voice-enabled cable modem and battery backup unit(s) (excluding customer-purchased modems) within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Cablevision at the time the equipment was supplied by Cablevision. Alternatively, Subscriber may purchase an approved voice-enabled cable modem here.
Optimum Voice for Business Service shall continue until such time as terminated by Subscriber, which shall be effective upon one (1) day's notice, or terminated by Cablevision for breach (including nonpayment) of this Agreement, or the Agreement For Optimum Online and Optimum Online Boost for Business, or otherwise terminated by Cablevision in accordance with its General Terms and Conditions of Service.
Optimum Voice for Business services are offered as an additional service of Cablevision's Optimum Online for Business service offering. Subscriber agrees that the Agreement for Optimum Online for Business are incorporated into this Agreement and shall apply to Optimum Voice for Business services. The Agreement for Optimum Voice for Business shall control in the event of any conflict with the terms and conditions of the Agreement for Optimum Online for Business.
Cablevision may, at its option, terminate this Agreement and remove Equipment 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 Cablevision or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Cablevision'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 (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Cablevision'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 Cablevision pursuant to Section 8, Cablevision and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Cablevision to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Cablevision in the event that Cablevision 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 Cablevision pursuant to Section 8, Cablevision, 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 Services by Subscriber or any former user of Subscriber's account or services.
Optimum Voice for Business is provided "AS IS". The liability of Cablevision for damages arising out of the furnishing of Services hereunder, including but not limited to mistakes, omissions, interruptions, delays or errors or other defaults, representations or use of these Services or arising out of the failure to furnish the Optimum Voice for Business Service, whether caused by acts of commission or omission shall be limited to an allowance for the time period of any Optimum for Business Voice Service interruption. Cablevision shall not be liable for any direct, indirect, special, consequential, exemplary or punitive losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries that a Subscriber may suffer. Finally, Cablevision shall not be liable for any loss or interruptions in service or for any damages or losses due to the fault or negligence of the Subscriber, or any Authorized User, or any other party or person(s), or due to the failure or malfunction of Subscriber-provided or Authorized User-provided equipment or facilities due to the failure of the Subscriber to fulfill any obligation under this Agreement.
Except as noted below under "Excepted Claims," any and all disputes arising between You and Cablevision, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving Your dispute with Cablevision through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH CABLEVISION.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA. You agree that if You fail to notify Cablevision in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Cablevision will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Cablevision will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Cablevision to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Cablevision for any amounts Cablevision may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Cablevision's attorneys' fees and expenses. If Cablevision is the claimant, the arbitrator shall have the same discretion to require Cablevision to pay Your attorneys' fees and expenses if the arbitrator concludes that Cablevision's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Cablevision agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Cablevision account holders, neither You nor Cablevision may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Cablevision products or services. In addition, either You or Cablevision may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
Cablevision shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; 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 Cablevision, 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 civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
Charges for installation services and equipment will be charged at the then current rate in effect.
Applicable fees and surcharges, if any, will be added to Subscriber's monthly bill.
Optimum Voice for Business is intended to enable the small business customer with unlimited inbound and outbound calling within the United States, Puerto Rico, Canada and the US Virgin Islands for a flat rate price including many popular features. Optimum Voice for Business service may not be used for purposes including, but not limited to, telemarketing, call center services, medical transcription, facsimile broadcasting, auto-dialers, predictive dialers, resell purposes, or engineered calling to utilize Optimum Voice for Business solely for outbound calling, including utilizing call forwarding or any other calling feature to achieve outbound calling or permitting others to call another person or company so frequently or at such times of the day or in such a manner as to harass, abuse or torment such other person(s) or company including the use of profane or obscene language. Cablevision reserves the right to disconnect without notice any prohibited transmissions or uses, including the use of the Service by the Subscriber that injuriously affects the efficiency of Cablevision's personnel (direct or subcontracted), plant or property and to terminate Service in the event of violation of the foregoing use restrictions.
Cablevision may, in its sole discretion, change, modify, add or remove portions of the Optimum Voice for Business Service Terms and Conditions at any time. Cablevision may notify Subscriber of any such changes by posting notice of such changes on the Optimum Web site, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Optimum Voice for Business service 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 the Agreement for Optimum Voice for Business, Subscriber must immediately cease using the Optimum Voice for Business service and notify Cablevision that Subscriber is terminating Optimum Voice for Business service. In addition, this Agreement for Optimum Voice for Business is subject to change in compliance with applicable law.
Optimum Voice for Business offers a directory listing capability that enables the Subscriber to list their phone number(s) in their local print White Pages as well as 411 Directory Assistance.
Directory Listing Submission
Directory Listing Availability
Effective June 2, 2016