(a) These Terms and Conditions are part of the Telecommunications Account Agreement (referred to as “Agreement”) between Customer (referred to as “you” and “your”) and FiberFirst and/or its affiliated companies (collectively referred to as “we“, “us” and “our”). Services are offered to you by us either under Tariffs (documents which list services, prices and other terms and conditions) filed with the Federal Communications Commission (FCC) and state regulatory agencies having jurisdiction over the Services (“Tariffed Services”), or on a non-Tariffed basis. Tariffs are available online at www.FiberFirst.com. All services provided under this Agreement are collectively referred to as the “Services.” In the event that the rates, terms, and conditions in this Agreement conflict at any time with those set forth in our federal and/or state Tariffs applicable to the Services, the rates, terms, and conditions of the Tariffs shall control. The rates, terms and conditions of Tariffed Services may change, subject to the approval of the applicable regulatory agency. If the Tariffs for any Services are cancelled as a result of regulatory action during the term of this Agreement, we will publish a Price List and related terms and conditions on our website (www.FiberFirst.com) which will become part of this Agreement.
(b) We may increase the rates in this Agreement for non-Tariffed Services to pass through any price increases imposed on us by the providers of the underlying facilities used to provide the Services or, in the case of long-distance services, by our wholesale providers of such services. We may also change the rates, terms and conditions applicable to non-Tariffed Services (“Revisions”) by giving you at least thirty (30) days prior written notice and posting such Revisions to our website at www.FiberFirst.com. You will receive notice of the Revisions in your monthly invoice at least thirty (30) days prior to the effective date of any change. You shall then have thirty (30) calendar days from the date of the aforementioned invoice to provide us with written notice that the Revisions to changed terms or conditions adversely affect your use of the Service(s). If after said notice, we are able to verify such adverse effect and are able to eliminate said adverse effect, we shall provide you with a written addendum to this Agreement to confirm your assent to our elimination of the adverse effect on your Services(s). However, if we are unable reasonably to eliminate the Revision’s impact on such Service(s), we will send you written notice of our inability to reasonably eliminate the Revision’s impact, and then you may terminate the impacted Service(s) without further obligation to us beyond the termination date, including termination charges, if any. This shall be your sole and exclusive remedy for changed terms or conditions. If you do not notify us in writing of your election to terminate the affected Service(s) for changed terms or conditions within five (5) business days after receipt of written notice of our inability to reasonably eliminate the Revision’s impact, you will be deemed to have consented to the changes and to a continuation of the Service(s), subject to the Revisions. If we materially increase the rates applicable to any of our non-tariffed Services, except for pass-through rate increases, you may terminate the affected Service(s) without further obligation beyond the termination date, including termination charges, if any, provided you notify us in writing before the effective date of the rate increase. If you do not notify us in writing of your election to terminate the affected Service(s) for increase in rates prior to the effective date of the rate increase, you will be deemed to have consented to the changes and to a continuation of the Service(s) subject to the Revisions.
(c) Under certain conditions, you may request that installation of Services be expedited by agreeing to pay an Expedite Fee. No projected date for expedited installation is guaranteed. Payment of the Expedite Fee only earns an advanced priority for your installation process and installation is not entirely in our control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond the projected or requested date. A list of Expedite Fees and other charges for Changes to Services ordered are available at: www.FiberFirst.com.
(d) We reserve the right to provide Services to you via our choice of technology and to change the manner in which we deliver Services at any time in our sole discretion provided the functionality of the Service provided remains substantially unaffected by the change.