Liberty Communications, Inc.
P.O. Box A, Sparta, Ky. 41086 859-393-8995
Agreement made this day of , 20___ (“Effective Date”) by and between Liberty, having an office at 5201 Hwy 455,
Sparta, KY 41086 and (hereinafter referred to as “Customer”) , the Owner/Renter of the residential establishment listed below.
THE PARTIES AGREE AS FOLLOWS:
1. Services. Liberty offers residential services from its cable system/wireless internet to residential establishments and Owner/Renter desires to subscribe to Liberty’s residential service(s) during the Term of this Agreement. After payment of the one-time charge(s) as is/are more particularly described below, Liberty shall provide the following service(s) (the “Service(s)”) and equipment to Owner, at the Premises, at the recurring monthly charges set forth below (check as applicable): (these service rates are apt to change depending on the cable services purchased, which the customer can change at any time)
2. Access. Owner hereby grants permission to Liberty to place, install, operate, maintain and upgrade cable television cables, wires, converters, modems, NIUs, equipment and appurtenant devices (hereinafter referred to as the “Equipment”) on or at the Premises. Moreover, Owner warrants that he/she has the right to grant such right to access the Premises (including the right of gress and egress).
3. Equipment. The Equipment installed or supplied by Liberty shall remain the property of Liberty whether or not attached to or incorporated in the Premises and shall not be tampered with or modified in any way by Owner or its agents, employees or patrons. Neither Owner nor any resident or guest of the Premises will have or obtain any right, title or interest in the Equipment, nor does it constitute a fixture of the Premises. Failure of Liberty to remove its Equipment shall not be deemed an abandonment of the Equipment. All converters, receivers, decoders, switches, modems, and remote control devices shall be returned upon termination, discontinuance and/or modification of service. Charges will be assessed for unreturned, lost or damaged converters, receivers, switches, decoders, modems, and/or remote control devices. Liberty has no responsibility for the repair or maintenance of any television set, computer, or telephone located on the Premises. Liberty will have the right to use other telecommunications equipment or wiring on the Premises, regardless of ownership, for delivery of the Services. Owner shall provide without charge adequate space and electricity for the Equipment.
4. Term. The term of this Agreement shall be for an initial period of ( ) months (“Initial Term”) from the Effective Date and shall thereafter automatically renew for successive twelve (12) month terms unless otherwise terminated as provided herein (together, the “Term”).
5. Restrictions. (a) Owner expressly agrees that it shall not charge its patrons an admission charge or any other entrance fee to the Premises to watch a program or event of any kind provided by Liberty; (b) Owner will not delay, alter or otherwise try to change the programming provided pursuant to this Agreement. Owner will not, and will ensure that its patrons, guests, and/or its employees, servants or agents do not copy or tape any of the programming being delivered by Liberty hereunder. Owner further agrees that neither Owner nor its patrons, guests, employees, servants, or agents (except for Liberty's authorized personnel) will open, tamper with service, make any alterations to or remove from its point of installation the wires, cables, or any other Equipment supplied to, delivered, installed, or used by Liberty in connection with the provision of its Service. Any alteration, tampering, removal, etc. or the use of Equipment which permits the receipt of unauthorized services and/or the receipt of Services to an unauthorized outlet(s) constitutes theft of service and is prohibited; and (c) nothing in this Agreement shall entitle the Owner or Premises to receive or exhibit any available premium or pay channel service or pay-per-view event periodically offered by Liberty without prior written permission of Liberty. Unauthorized reception or exhibition of such events is a violation of law.
6. Provision of Service. The Service(s) and programs being provided to the Premises are Liberty’s current offerings. Liberty reserves the right to change the specific Service offerings as stated above at any time during the Term as set forth in Paragraph 4 herein.
7. Payment for Service. (a) Monthly fees are due and payable in advance within fifteen (15) days of invoice; (b) Owner agrees to pay any local, state, or federal taxes or fees imposed or levied on or in connection with the Service, Equipment and/or installation or placement charges during the Term; and (c) the monthly rate may be automatically increased from time to time. In the event any invoice remains outstanding for greater than fifteen (15) days from the date of such invoice, Liberty reserves the right to (i) charge interest on such outstanding balance at a rate equal to the 1.5% per month; (ii) suspend Owner’s service; or (iii) terminate this Agreement. If Liberty refers Owner’s account for collection, Owner shall pay twenty-five percent (25%) of the amount sought to be collected in addition to amounts then owing, including interest thereon.
8. Termination. Notwithstanding any other term in this Agreement, Owner shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, upon (i) sixty (60) days prior written notice to Liberty and (ii) the payment of 100% of the charges for the balance of the Term within ten (10) days following termination of the Agreement (“Termination Charges”). Such payment shall be in addition to, and shall not preclude the exercise of, any other remedy available to Liberty. Liberty may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide the Service(s) due to any law, rule, regulation, Force Majeure event or judgment of any court or governmental agency.
In the event of a default, either party may terminate this Agreement. A “default” exists under this Agreement upon the following events: if either party: a) files a voluntary petition in bankruptcy or any petition or answer seeking for itself any reorganization, readjustment, arrangement, composition or similar relief; b) commences a voluntary case under the federal bankruptcy laws; c) admits in writing its insolvency or its inability to pay its debts as they become due; d) makes an assignment for the benefit of creditors; e) applies for consent to or acquiesce in the appointment of, or the taking of possession by a trustee, receiver, custodian or similar official or agent of its business or of substantially all of its property; f) or a trustee, receiver, custodian or similar official or agent shall be appointed for either party or for substantially all of its property and shall not be discharged within sixty days; g) has a petition seeking reorganization, readjustment, arrangement, composition, or other similar relief as to such party under federal bankruptcy laws or any similar law for the relief of debtors brought against them and shall be consented to by it or shall remain undismissed for sixty (60) days; or h) fails to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement; provided that the non-defaulting party so advises the defaulting party in writing and the defaulting party does not remedy the default within thirty (30) days (ten (10) days for non-payment) after notice.
The non-defaulting party shall be entitled to all available legal and equitable remedies for such breach – and, in the event of Owner default, Liberty shall in addition to the foregoing remedies be entitled to Termination Charges.
9. Music Rights Fee. In connection with its cable services, Liberty agrees to provide to the Premises for the benefit of the Owner, as the viewer, those music rights that it has received from its applicable programming affiliation agreements for licenses which may be required by the American Society of Composers, Authors, & Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), and SESAC, Inc, or their respective successors and any other entity, person, or governmental authority from which a license is (or which Liberty may designate as being) necessary or appropriate in connection with the provision of the Service(s) so long as Owner is not in default of this Agreement. With respect to the forgoing rights, the Owner shall have no right whatsoever to, or authorize or permit any other person to, (i) charge a cover charge or admission fee to the Premises at the time the Service(s) (or any part thereof) is being or is to be performed therein; (ii) permit dancing, skating, or other similar forms of entertainment or physical activity in conjunction with the performance of the Service(s) (or any part thereof) unless Owner can demonstrate to the reasonable satisfaction of Liberty that Owner or a third party has obtained a then current music license permitting such activity; and/or (iii) insert any residential announcements, except that public address residential announcements may be made concerning goods or services sold or offered to the public at the Premises provided that no compensation (whether in money or in any other form) is paid by any person or entity, directly or indirectly, for such announcements unless pursuant to a separate written agreement which permits storecasting or adcasting. Any increase in music rights fees which Liberty becomes obligated to pay on behalf of Owner after the acceptance of this Agreement shall be paid by Owner and the recurring charges will be adjusted to reflect the increase; provided, however, Liberty’s payment as outlined therein does not cover any additional music licensing copyright costs which Owner may be responsible for securing, including, but not limited to, additional music licenses, or paying required fees payable to copyright owners or licensing societies for music performed in video services unless such services are shown on a single receiving apparatus of a kind commonly used in private homes, (i.e., a single standard size television set). As material to this Agreement, Owner hereby represents and warrants that Owner has or will secure any and all rights and/or licenses necessary to use and/or perform any music distributed by Liberty hereunder to the extent such use and/or performance may be beyond the scope of the rights and limitations described above.
10. Indemnification. Owner agrees to indemnify and hold Liberty and/or its affiliates harmless from any and all demands, claims, suits, cost of defense, reasonable attorneys' fees, witness fees and other expenses for breach of this Agreement by Owner, damages to property or for injury to any employee, agent, servant, independent contractor, or any of their employees, or any guest occupant of Owner in any way arising from the installation, maintenance, use provision, or removal of Service(s) or Equipment, unless such damage shall result from Liberty’s gross negligence.
11. Miscellaneous. (a) All notices, requests, demands, or other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed by certified mail, return receipt requested, and postage prepaid, to Owner and Liberty at the address listed on the first page hereof, with a copy to Liberty Communications at 810 Seventh Avenue, New York, NY 10019, Attention: VP, Administration; (b) Notwithstanding anything contained herein to the contrary, each party hereto represents and warrants to the other that it has the legal right, power, and authority to enter into this Agreement and to perform its obligations hereunder; (c) This Agreement represents the full understanding of the parties, supersedes all previous agreements between them pertaining to the subject matter hereof, and cannot be modified or amended orally; (d) The validity and effect of this Agreement shall be governed, construed, and enforced in accordance with the laws of the state where the Premises are located; (e) All terms, covenants, and conditions specified in this Agreement shall be for and shall inure to the benefit of and shall bind the respective parties hereto and their legal representatives, successors, and assigns; and (f) For convenience, the parties agree to accept a facsimile copy of this Agreement with facsimile signatures. The parties further agree that a facsimile copy will be treated as an original and will be admissible as evidence of this Agreement.
I CERTIFY THAT I HAVE BEEN PROVIDED WITH A WRITTEN EXPLANATION OF ALL SERVICES AND PRICES OFFERED AND CUSTOMER PRIVACY RIGHTS. I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS PROVIDED TO ME, INCLUDING THE LIBERTYBB RESIDENTIAL ACCEPTABLE USE POLICY (“AUP”), AS APPLICABLE. I HAVE READ THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE AND THE AUP. THIS AGREEMENT IS SUBJECT TO THE CONTINUING RIGHT OF LIBERTY TO ACCESS AND SERVE THE BUILDING IN WHICH THE TENANT HAS REQUESTED SERVICE AND MAY BE TERMINATED BY LIBERTY IF THAT RIGHT CEASES TO EXIST.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement sas of the day and year set forth above.
OWNER/OPERATOR (as shown above): LIBERTY:
Owner/Operator Legal Name: Sales Representative:
By: Sales ID:
Printed/Typed Name: Sales Manager:
Title: Printed/Typed Name:
Paid_______________Date_____________ Ck#_________Cash________Received by__________________________________
Paid ______________Date_____________ Ck#_________Cash________Received by__________________________________
Liberty Communication, Inc.
Internet Provider P.O. Box A, Sparta, Ky. 41086 859-393-8995
New Customer Information
Date_____________________________ Account #________Phone #________________
__________________________________________ Cell #__________________
City, State, Zip____________________________________________________________
Type of equipment needed____________________________________________________
Hookup Information: Monthly Rate_____________
Equipment Purchase Equipment Lease/24 month
Line of Sight $199.95 Fee per month $9.95
Non-line of Sight $499.95 Hookup fee $100.00
Money collected at time of order.________________________________________________
Remaining agreement to be completed after hookup of service.