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TPX COMMUNICATIONS, INC.
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Last modified
4/13/2021 3:11:52 PM
Creation date
4/13/2021 3:07:00 PM
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Contracts
Company Name
TPX COMMUNICATIONS, INC.
Contract #
A-2021-041
Agency
Information Technology
Council Approval Date
4/6/2021
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COMMUNICATIONS <br />Terms and Conditions to the Agreement <br />(h) Match Period. If the Service Term for the Services initially to be provided under an applicable Agreement when <br />it is first entered into by the parties is for sixty (60) months or more and the initial Services have been installed for <br />at least twenty-four (24) months, Customer may provide TPx at retention aPtpx.com with a bona fide, written quote <br />of a lower monthly charge for a term at least equivalent to the remaining months in the Service Term from a <br />competitive carrier for substantially the same initial Services with the same terms as provided pursuant to the <br />Agreement and all Addenda, and TPx will have thirty (30) days (the "Match Period") after receipt of the bona fide <br />written quote to match or beat the competitive provider's offer. If TPx fails to provide the initial Services at the lower <br />rate, Customer may terminate the initial Services without liability for early termination in a notice provided to TPx <br />not less than thirty (30) days after the expiration of the Match Period. Notwithstanding the foregoing, Customer <br />may provide only one such quote under the Agreement. For this Section 2(h) to apply, the quote from the <br />competitive carrier must be for the same service location as initially set forth in the applicable Agreement and for <br />the same initial configuration of Services. <br />3. Customer's Obligations <br />(a) Building Access. Customer will obtain all necessary approvals, applicable permits and/or use fees to be <br />attained, if any, for full access by TPx and its subcontractors prior to installation of the Service(s) and while the <br />Service(s) is (are) provided. <br />(b) Responsibility for Message Content. Customer is solely responsible for all content that it makes available on <br />or through the Services. Customer represents and warrants that all such content will not infringe on, or contain any <br />content that infringes on, or otherwise violates any copyright, patent or any other right held by a third -party and that <br />all such content will not violate any applicable law, rule, regulation or industry standard. <br />(c) Use of Services. Customer will not use the Services for any illegal, unlawful, abusive or fraudulent purpose <br />and will use the Services in such a manner as to prevent damage to TPx's network. Customer's proper use of the <br />Services includes conforming to all Acceptable Use Policies ("AUP") that are available on request and are displayed <br />at TPx's web site at www.tpx.com/acceptable-use-policy. The AUP may be amended from time to time. If TPx <br />materially changes the AUP, it will provide the same right to notification and cancellation as provided in Section 1(d) <br />of these Terms and Conditions. Resale and distribution of all or any portion of the Services is prohibited. <br />(d) Third -Party Obligations. Customer is responsible to pay any third -party vendor charges for third party vendors <br />retained by Customer, such as retaining a vendor for installation of necessary inside wiring. Also, Customer is <br />responsible to arrange for disconnection and payment of charges related to the disconnection of any related <br />services with Customer's current provider(s). Disconnection of such services may not be delegated to TPx. <br />(a) Customer Local Area Network Responsibilities. Customer agrees to comply with TPx-provided Local Area <br />Network (LAN) guidelines posted at www.tpx.com/support/ and acknowledges that all network configurations as <br />well as hardware and software located at Customer's physical location(s) conforms to the specifications outlined by <br />TPx based on the contracted TPx services. <br />(f) Network Security. Customer is responsible for taking whatever actions it deems necessary to make <br />Customer's computer and voice network and circuits adequately secure from unauthorized access. Customer <br />acknowledges that TPx only provides telecommunications services and certain equipment to Customer and that <br />TPx is not responsible for the security of Customer's network and circuits from third parties, or for any damages <br />that may result from any unauthorized access to Customer's network. Customer will follow the Fraud Guidelines <br />provided at www.tpx.com/fraud-guidelines. Failure to follow the steps provided may result in a greater likelihood <br />that Customer's network will be exposed to fraud. Customer acknowledges that TPx has recommended that <br />Customer seek independent advice with respect to products, equipment (including configurations) and services <br />available to make Customer's computer network and circuits more secure from third parties. <br />CUSTOMER FURTHER ACKNOWLEDGES THAT NONE OF TPx'S EMPLOYEES, AGENTS, <br />REPRESENTATIVES OR SUBCONTRACTORS HAS MADE, AND THEY DO NOT HAVE THE AUTHORITY TO <br />MAKE, ANY REPRESENTATIONS CONCERNING THE SECURITY OF CUSTOMER'S NETWORK OR THE <br />000120 <br />9V91971328-9792-EAEE-4663-DBAC <br />
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