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Frontier Small Business Advantage Terms and Conditions

Product Description

Frontier Small Business Advantage is a voice and data solution that includes two business or Centrex lines, Deluxe Voicemail and caller Id plus Name, Hunting, 3-Way Calling, Call Transfer and Call Forward. Data service includes Business High-Speed Internet up to 6M/512K; Dynamic IP with 4-port wireless modem/router or Static IP with 8-port modem/router; and 10 email boxes. The Dynamic IP service requires a 4 port wireless modem/router at an additional $3.99/month. Static IP service requires an 8-port modem/router at an additional $8.99/month.

Frontier Small Business Advantage bundle requires a two- or three-year contractual commitment. Agreement may be cancelled within 30 days of service turn-up with no penalty. Penalty applies for early cancellations after 30 days. Upgrades are possible at any time. Toll free usage included in block of time plans. Frontier High Speed Internet service is subject to availability, line qualifications and Frontier Acceptable Use Policy. Maximum speeds vary; simultaneous usage may affect individual user's throughput speed. Installation options vary and charges may apply. Other restrictions may apply. Service cannot be combined with any other offer. Applicable taxes and surcharges apply.

  1. SERVICES AND RATES

    Customer agrees to purchase Frontier Small Business Advantage for the term set forth below (the "Services"), under the terms and conditions of this Agreement. Customer understands that the provision of the Services is provided at tariffed rates and subject to tariffs filed with regulatory agencies. If there is a conflict between the terms and conditions of this Agreement and any tariff, the tariff shall control.

    Customer understands and agrees that it must continue to purchase the Services in certain minimum amounts and for a minimum term set forth below in order to receive the pricing set forth below (plus normal surcharges and taxes). The minimum term shall commence upon establishment of the Services. If Customer does not fulfill its term commitment, it will be liable for termination charges as described in Section 3. It is understood that a Frontier Small Business Advantage bundle can only be provisioned to one physical address.

    If neither party provides the other with written notice of its intent to terminate the Services at least sixty (60) days prior to expiration of any minimum term commitment for any or all Services, or any renewal thereof, then the Service term shall be deemed automatically renewed for an additional term equal in length to the original Service term upon the same terms and conditions.

    Long distance services, Internet services and other services provided by Frontier shall be provided pursuant to the terms and conditions of applicable tariffs, and/or other agreements between Frontier and Customer.

    California only: This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may from time to time, direct in the exercise of its jurisdiction.

    Frontier Small Business Advantage Additional Line Rates*

    Customer may order additional Frontier Small Business Advantage access lines ("Additional Lines") at the rates set forth below during the term of this Agreement.

    Additional Frontier Small Business Advantage Access Line Rate
    Quantity __ Monthly Rate $__

    *Other rates and charges may apply in addition to the specified rate above. These other rates and charges include but are not limited to: subscriber line charges; EAS additives if separately itemized; applicable federal, state and local sales taxes; use, privilege, gross receipts charges; excise taxes; franchise fees; PICC charge; LNP charges; and USF charges or other taxes or governmental impositions arising out of this Agreement, exclusive, however, of taxes based on Frontier's net income. Customer acknowledges and agrees that in the event of any inconsistencies between this Agreement and the tariffs, the tariff shall control.

    Frontier Small Business Advantage Long Distance

    Each Frontier Small Business Advantage bundle includes subscription to a Long Distance rate plan of 200, 400, or 600 Long Distance minutes per month or 300, 600 or 900 Long Distance minutes per month, depending on market, as selected by Customer and as indicated in the pricing grid below. A Letter of Authorization ("LOA") must be completed by Customer if changing long distance service from another interexchange carrier.

  2. FRONTIER SMALL BUSINESS ADVANTAGE SATISFACTION GUARANTEE

    If within thirty (30) days of the Effective Date of Service set forth above Customer notifies Frontier in writing that it is not satisfied with the Services obtained hereunder, Customer may cancel the Services without incurring a penalty or termination charges. Any such cancellation shall not impact any other obligations or commitments to Frontier under any other agreements among the parties.

  3. CANCELLATION AND CANCELLATION CHARGES

    After the 30-day satisfaction guarantee period described in Section 2, Customer must provide sixty (60) days' written notice to Frontier prior to cancellation or termination of any Service. In the event that Customer fails to provide such notice, in addition to any termination liability set forth below, Customer shall pay two (2) months' monthly recurring charges for the Services. If Customer terminates any of the Services (excluding any Additional Lines), Customer will pay the termination charges described below, immediately upon demand. Notwithstanding the above, Customer shall not be required to pay any cancellation charges resulting from a reduction of its Long Distance minute commitment from the 400 or 600 minutes per month level, so long as such commitment continues at the 200 minute per month level or above.

    1. Termination Prior to Installation.

      If Customer terminates an order for Services prior to delivery of the Services, Customer shall pay a termination charge equal to the total costs and expenses incurred by Frontier in connection with establishing and removing the Services pursuant to tariffed rates.

    2. Termination After Installation.

      If Customer terminates any bundle in its entirety or cancels the local access lines, Internet Access or Frontier Small Business Advantage Long Distance (below the minimum commitment) at the service address after establishment of the Services, but prior to the end of the minimum term, Customer shall pay a maximum termination charge of five hundred dollars ($500.00) which shall be prorated based on the remaining months in the minimum term commitment (partial months included). For example, based on a twenty-four (24) month term commitment, if Customer terminates Service after 12 months, a two hundred and fifty ($250.00) termination charge will apply.

    3. Waiver of Termination Charge.

      The termination charges specified above will be waived when Customer completely or partially terminates the Services at the service address after establishment of the Services, but prior to the end of the minimum term, provided all of the following conditions are met:

      • Customer signs a new service agreement for a new service provided directly by Frontier that extends to or beyond the termination date of the original contract.

      • The total value of the monthly recurring charges for the new contracted services is equal to or greater than the remaining contract value under this Agreement.

      • Customer agrees to pay any previously incurred nonrecurring and recurring charges associated with the terminated Service. All applicable nonrecurring charges will be assessed for the new contracted service.

  4. SPECIAL CHARGES

    If, at Customer's request, Frontier changes the location of any part of the Services prior to initiation of Service, Customer shall pay Frontier all additional costs resulting from such change.

  5. GENERAL

    1. Customer will indemnify and defend Frontier its officers, agents, employees and representatives from and against any and all liabilities, obligations, losses, damages, expenses, costs (including attorneys' fees), injuries and claims of any kind arising out of the acts or failure to act of Customer, its employees or representatives.

    2. In no event will Frontier be liable for lost business or profits or for any incidental, special or consequential damages arising out of this agreement or the provision of Services, even if Frontier has been advised of the possibility of such damages. Frontier's liability to Customer for damages from any cause whatsoever, regardless of the form of action, whether in contract or tort, shall be limited to the annual charges paid by Subscriber for the Services giving rise to the claim, or as otherwise provided in Frontier's tariffs. Frontier shall not be liable for delay or failure to perform hereunder resulting from causes beyond its reasonable control including, but not limited to acts of Customer and third parties, acts of God, fire, flood, war, sabotage, accidents, labor disputes or shortages, government actions, inability to obtain materials, equipment, power or transportation, or other similar or different contingencies. Frontier shall have no liability for, and Customer shall indemnify, defend and hold Frontier harmless from and against all claim, loss, damage, cost or expense (including reasonable attorneys' fees) arising out of any actual or alleged violation of and trademark, copyright or other intellectual property right arising out of the transmission of music supplied by Customer or any messages transmitted by Customer.

    3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that Customer shall not assign this Agreement or its rights hereunder or delegate any of its duties, without the prior written consent of Frontier.

    4. Frontier, may, under the following conditions, forthwith terminate any Service, and sever the connection to Frontier's network and remove its equipment from Customer's premises:

      1. In the event of prohibited, unlawful or improper use of the facilities or Service or abuse of the facilities, or

      2. If, in the sole judgment of Frontier, any use of the facilities or Service by Customer would have a material negative impact on the business of Frontier or the efficiency of Frontier's personnel, plant, property or Service.

Last Updated: October 8, 2008