Smart City® Metro
Data Services Schedule
Customer Premises. Customer shall allow Smart City Metro access to the Customer Premises to the extent reasonably determined by Smart City Metro for the installation, inspection, and scheduled or emergency maintenance of Facilities relating to the Services. Smart City Metro shall notify Customer at least two (2) business days in advance of any regularly scheduled maintenance that will require access to the Customer Premises or that may result in a material interruption of Services. The customer will be responsible for providing and maintaining, at its own expense, the level of power, heating, and air conditioning necessary to maintain the proper environment for the Facilities on the Customer Premises. In the event Customer fails to do so, Customer shall reimburse Smart City Metro for the actual and reasonable cost of repairing or replacing any Facilities damaged or destroyed as a result of Customer’s failure. Customer will provide a safe place to work and both Customer and Smart City Metro will comply with all laws and regulations regarding the working conditions on the Customer Premises. Smart City Metro shall comply with Customer’s security and safety requirements for said premises if applicable and provided that Customer has notified Smart City Metro in advance of such requirements.
Customer Move. If for any reason Customer relocates and requires their Services to be moved by Smart City Metro, a Move Fee will be assessed to the Customer. This one-time charge Move Fee shall be based on, but limited to, the services being moved and the distance of the move from the original Customer Services Location.
Site Survey. Customer agrees that the following actions will be taken in sequence to conduct a site survey: (i) Customer shall identify a person at the Customer Premises who is authorized to grant Smart City Metro or its designee access for purposes of performing a prospective site survey (“Access Granting Personnel”); (ii) Customer shall inform the Access Granting Personnel that Smart City Metro or its designee will be contacting them directly to coordinate a site survey; (iii) Smart City Metro or its designee shall contact the Access Granting Personnel and coordinate the timing and other details of a prospective site survey with them; (iv) Smart City Metro shall dispatch its designee to the site to conduct the site survey in accordance with the terms coordinated with the Access Granting Personnel; (v) if Smart City Metro determines that the site is serviceable without any Extraordinary Setup Costs (e.g. inside wire drop), then Smart City Metro shall proceed with the installation and activation of Services; (vi) if, however, Smart City Metro determines that Extraordinary Setup Costs are necessary in order to render the site able, then such costs, along with serviceability alternatives if available, will be communicated to Customer. Customer shall at its option and in its sole discretion do one of the following within three (3) business days of receipt of such communication from Smart City Metro or be deemed to have accepted the Extraordinary Setup Costs: (a) accept responsibility for the Extraordinary Setup Costs and proceed with the Services order; (b) accept a proposed alternative serviceability option from Smart City Metro; or (c) cancel the order without incurring any liability.
Inside Wiring. The customer acknowledges that Smart City Metro may use existing wiring located within the Customer Premises (“Inside Wiring”). Customer represents and warrants that Customer owns or controls the Inside Wiring, and gives Smart City Metro permission to use, alter, and remove equipment from, such wiring. The customer agrees to indemnify Smart City Metro from and against all claims by an owner, landlord, building manager, or other parties in connection with the installation, maintenance, repair, or provision of the Services.
If Customer does not own the Customer Premises or your unit is part of a multi-tenant environment (e.g., office building, apartment building, condominium, private subdivision), Customer represents and warrants that it has obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow Smart City Metro and its subcontractors reasonable access to install, maintain, and repair the Services.
Installation and wiring will be provided by Smart City Metro up to the building’s Services Delivery Point. Any inside wiring, or special construction required to extend the Services Delivery Point, is the responsibility of the Customer or the Customer’s low-voltage contractor. In cases where Smart City Metro or its subcontractors provide the inside wiring to extend the Services delivery location; Smart City Metro will own said wiring and will be responsible for repair, maintenance, and replacement. All existing Inside Wiring is the property of the Customer or the property of whomever owns the Customer’s Premises. Placement of Inside Wiring from the building’s Services Delivery Point shall be arranged by the Customer prior to the date of Smart City Metro’s installation of the Services. Except in cases where Smart City Metro or its contractor provides the inside wire, any costs associated with Inside Wiring, or delays caused thereby, are the responsibility of the Customer. Accordingly, Customer is responsible for the repair, maintenance, and replacement (including riser cable) of Customer owned Inside Wiring.
Power. Smart City Metro-owned equipment located on the Customer Premises requires electrical power from the Customer Premises to operate, which the Customer is responsible for providing. If there is an Optical Network Terminal (“ONT”) located anywhere on the Customer Premises the Customer is responsible for providing an Uninterrupted Power Supply (“UPS”).
Smart City Metro equipment located on the Customer Premises will not function in the event of a loss of Customer provided power. This will disrupt Customer’s Internet Services as well as any additional services that use the Smart City Metro connection for transport. Smart City Metro will have no liability for the loss of any Services in the event of interruption of Customer-provided power.
Smart City Metro Facilities. Except as otherwise agreed, title to all Facilities shall remain with Smart City Metro. Smart City Metro will provide and maintain the Facilities in good working order. Customer shall not and shall use commercially reasonable efforts to not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any Facilities, without the prior written consent of Smart City Metro. The Facilities shall not be used for any purpose other than that for which Smart City Metro provides them. Customer shall not take any action that causes the imposition of any lien or encumbrance on the Facilities. In no event will Smart City Metro be liable to Customer or any other person for interruption of Services or for any other loss, cost or damage caused by or related to improper use or maintenance of the Facilities by Customer or any third party gaining access to the Facilities by Customer in violation of the Agreement, and Customer shall reimburse Smart City Metro for any damages incurred as a result thereof. Customer agrees (which agreement shall survive the expiration, termination or cancellation of any CSO) to allow Smart City Metro to remove the Facilities from the Customer Premises:
(a) after termination, expiration or cancellation of the Services Term of any Services in connection with which the Facilities were used; or
(b) for repair, replacement or otherwise as Smart City Metro may determine is necessary or desirable, but Smart City Metro will use reasonable efforts to minimize disruptions to the Services caused thereby.
Smart City Metro Services.
(a) Shared Internet/Ethernet Services (if applicable) are best effort Services. The actual speed experienced by Customer may vary and depends on several factors including Customer’s location, Customer equipment, Customer’s network being properly engineered, destination on the Internet, traffic on the Internet, interference with Wi-Fi spectrum on the Customer’s wireless equipment, etc. No minimum level of speed is guaranteed.
(b) Metro Ethernet Services (if applicable) shall be Available 99.995% of the time at Smart City Metro’s Services Delivery Point. Network Availability shall be calculated based on a monthly measurement average. Internet bandwidth is a best effort Service. Actual speeds experienced by Customer may vary and depends on several factors including Customer’s location, Customer’s network being properly engineered, destination on the Internet, traffic on the Internet, network congestion, etc. No minimum level of speed is guaranteed.
(c) Wi-Fi Services (if applicable). Smart City Metro provides unmanaged Wi-Fi service which consists of initial wireless heat map survey and setup of initial router settings. After the initial router set up the Customer will be provided the Wi-Fi login credentials.
The download speeds on wireless connections are subject to environmental factors within the Services location which include but are not limited to brick walls, concrete flooring, steel plate reinforced flooring, thick structural wall, pillar with steel reinforcements, microwave, TV, mirror, and CPU casing. The signal strength may vary or fail altogether due to the above-mentioned factors which are not within Smart City Metro’s control. Smart City Metro shall not be liable for any loss or damage arising from such interference or failure. Customer shall be solely responsible for providing all equipment necessary such as repeaters, at its own cost, to extend wireless coverage beyond the above-mentioned limitations should the need arise.
It is Smart City Metro’s policy in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws to reserve the right to terminate the Service provided to a customer or user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Smart City Metro believes in its sole discretion is infringing these rights. Smart City Metro may terminate the Service at any time with or without notice for any affected customer or user.
Customer assumes all risks associated with its use of the Smart City Metro Wi-Fi Services and releases Smart City Metro in the event of any damage that Customer or its end users may suffer due to another person monitoring or intercepting Customer’s or its end-users communications. Smart City Metro assumes no responsibility and shall not be liable to Customer or to any other party for any damages to Customer or Customer’s computer caused by use of the Smart City Metro Wi-Fi Services, including without limitation, viruses that may infect Customer’s computer(s) or other device (s) through use of the Wi-Fi Services. Although Smart City Metro has taken commercially reasonable steps to provide a secure system within limitations existing in network and computer infrastructure, Smart City Metro does not warrant or guarantee that communications over the Wi-Fi Services shall be secure from monitoring or tampering, nor that information stored on any computer connected to the Smart City Metro Wi-Fi Services shall be secure from monitoring or tampering. THE CUSTOMER ACKNOWLEDGES THE RISKS ASSOCIATED WITH PUBLIC ACCESS TO THE INTERNET AND HEREBY RELEASES SMART CITY METRO FROM ANY LIABILITY FOR UNAUTHORIZED THIRD-PARTY SECURITY BREACHES OR THE RESULTS THEREOF.
05/01/2020
