PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This is an integral part of the GCI Business Service Agreement between you (“Customer”) and GCI for certain communications, information and data services provided by GCI (collectively, the “Service”) at the service address(es) specified in your account.
a. Charges. You agree to pay all charges associated with the Service, including without limitation installation/service call charges, monthly service charges, charges for the use of equipment, usage charges, overage charges, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service. Subject to notice requirements or other legal limitations, we reserve the right to change monthly recurring fees, usage fees, connection fees, and equipment fees, or to add new fees, at our discretion and at any time.
b. Billing. Service is purchased and provided to you on a monthly basis. Recurring service charges, equipment charges, and fees will be billed monthly, in advance. Your first monthly bill may include pro-rated charges from the date you first begin receiving Service, as well as monthly recurring charges for the next month and charges for non-recurring Service you have received, and may also include credit for any funds collected at the time of installation. Some charges, such as usage-based charges, may be billed after the products or services have been provided to you. If you receive Service under a promotion, regular charges for the Service will apply after the promotional period ends. Partial-month charges will be itemized on your statement if you add or change Service between billing dates. Payments can be made on or before the due date listed in your bill. Please include the top portion of your bill with your payment. If you provide a credit card or debit card number to us to pay for the Service, you authorize us to charge that credit card or debit card for all amounts payable by you for ongoing charges until you notify us in writing that you are withdrawing this authorization or until you have paid all charges under this Agreement.
c. Late or Missing Payments. Please note there is a late fee and finance charge assessed to any account that is not paid in full by the due date listed in your bill. Returned payments are subject to a $30.00 return fee.
d. Collections. You expressly authorize GCI and its outside collection agencies or other agents to contact you in connection with any and all matters relating to unpaid past due charges. We may refer your past due account to a collection agency to collect any amounts past due. You agree that if we incur collection or other legal costs as a result of nonpayment, you will be liable for the total past due amount, any returned check fees, and the costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or legal costs upon judgment. THIS STATEMENT OF GCI’S RIGHTS TO PURSUE COLLECTIONS DOES NOT LIMIT OR MODIFY YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH GCI PURSUANT TO PARAGRAPH 5.3 BELOW.
a. Disconnection for Late Payment or Non-Payment. We may disconnect your Service for late payments, non-payment, or violations of your obligations under this Agreement. If your account is disconnected due to late payment, non-payment, or violations of your obligations under this Agreement, you will still be responsible for paying any early termination fees associated with a Term Agreement (defined below), if applicable, and a reconnection fee may be required to reconnect your Service.
b. Termination. You may cancel your Service at any time subject to being charged any early termination fees and other equipment fees as described below. When you cancel your Service, you are responsible for paying for your use of the Service through the date on which your termination takes effect or we disconnect your Service. You agree to pay GCI on a pro-rated basis for any use by you of the Service for a part of a month. We will refund any balance due to you by mail after disconnection of the Service if there are no outstanding charges or early termination fees (if applicable), and after Company Equipment has been returned to us. You must return any Company Equipment to a GCI store at the time your service is canceled, otherwise you will be charged for unreturned equipment. See Article 2 for more information about equipment.
c. Term Agreement. You may have entered into an agreement with GCI that requires you to maintain your Service for a certain period of time and that allows GCI to charge you an early termination fee if you prematurely cancel your Service (“Term Agreement”). Your Service Proposal will specify whether you have entered into a Term Agreement and if you are subject to an early termination fee. You agree to pay such early termination fee.
If access to Customer’s premises is required for the installation, maintenance, or removal of equipment used to provide the Service (“Service Equipment”), Customer will ensure that GCI has reasonable access to the premises, and will use commercially reasonable efforts to obtain any necessary third party consents.
a. Service Description. GCI Office Complete is a total voice and data solution to power your small business communication needs. It is a bundled service composed of GCI Cloud Voice, Internet, Wi-Fi, and Cloud Backup, with the option for the Customer to add additional services. The terms and conditions applicable to these individual services are described in this Article 3.
b. Bundled Service. GCI Office Complete is offered as a bundled package and Customer may not cancel individual services thereunder. If Customer cancels any individual services thereunder, GCI may at its option suspend or terminate Customer’s GCI Office Complete service and charge Customer any applicable early termination fees and other equipment fees.
e. Notify All Users of 911 Limitations. You should inform all business associates and other third persons who may be present at the physical location where you utilize GCI Cloud Voice service of the circumstances under which 911 may not be available or may be in some way limited in comparison to traditional 911 service. GCI will place stickers on GCI Cloud Voice equipment warning users that “E911 service may be limited or not available. To route E911 calls to Emergency Responders you must call 800-975-2622 to register your location.” If your GCI Cloud Voice equipment does not have this sticker, or you require additional stickers, please contact our business customer service department.f. Disclaimer of 911 Liability. GCI disclaims all responsibility for the conduct of PSAPs and all other third parties involved in the provision of emergency response services. GCI does not have any control over PSAPs and is therefore not responsible for whether they answer 911 calls made using GCI Cloud Voice service, how they answer these calls, or how they handle these calls. GCI relies on third parties to assist it in the provision of 911 service, and disclaims all liability for acts or omissions by third parties in the provision of GCI’s 911 service. Neither GCI nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party arising from or relating to GCI’s provision of 911 service unless the claims or causes of action arise from GCI’s gross negligence, recklessness, or willful misconduct.
In an effort to provide a secure Service, GCI deploys industry-recommended security measures on its network. For subscribers connected to GCI’s wireline network, GCI employs a number of measures, including Cable Modem Authentication, CVC signed code images, Data Encryption, Baseline Privacy Interface (BPI), and Digitally Signed configuration files. For subscribers connected to GCI’s network wirelessly via Wi-Fi, GCI uses unpublished Service Set Identifiers (SSIDs) and Media Access Control (MAC) protocol-based authentication for each authorized device on the network. Regardless of network type, GCI recommends that you use personal firewalls and security/malware software to protect your personal information. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files, and data. GCI is not responsible to you for unauthorized use of the Service or authorized access to your data unless the unauthorized use or access results from GCI’s failure to meet its security obligations stated in the Agreement.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND COMPANY EQUIPMENT, AS WELL AS THE PURCHASE OR USE OF ANY THIRD-PARTY SERVICE OR PRODUCT PROVIDED BY OR ACCESSED THROUGH THE SERVICE, IS AT YOUR SOLE RISK. THIS SERVICE AND EQUIPMENT ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE” ON A “BEST EFFORTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GCI DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
GCI WILL GIVE YOU AT LEAST 30 DAYS’ ADVANCE NOTICE OF ANY CHANGES TO THIS AGREEMENT OR OUR SERVICE, IF SUCH CHANGE MATERIALLY ADVERSELY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT. However, shorter advance notice or no notice may be given if GCI believes that GCI or the Service might be adversely affected if longer notice were given. Notice may be given to you as set forth in Paragraph 6.5. If you do not agree to the amended Agreement, you may terminate the Service by giving us written notice by U.S. Mail within 30 days of the date we notify you. If you use the Service for more than 30 days after we notify you of a change, you agree to the amended Agreement.
The GCI Business Service Agreement, these Terms and Conditions, and the provisions of your Service Proposal, together with any other documents directly or indirectly made a part of these Terms and Conditions, represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional promises that may have been made to you by any of our representatives, agents, or dealers. If any part of this Agreement is found to be invalid, the balance of the Agreement remains enforceable. GCI does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement.
GCI Business Services
Attn: Customer Service
PO Box 99001
Anchorage, AK 99509-9001
This Agreement is subject to applicable federal laws, and the laws of the State of Alaska without regard to its conflict of law rules. If there is any inconsistency between this Agreement and those laws and regulations, this Agreement will be deemed amended as necessary to conform to such laws and regulations.