Last edited on Tue Sep 20, 2016
MEDIACOM SERVICE COMMITMENT AGREEMENT
Congratulations on choosing Mediacom as your service provider! By ordering, installing or using Mediacom’s service you are agreeing to be bound by this agreement (“Commitment Agreement”) with Mediacom for a fixed term (“Term”). This Commitment Agreement is made between you and the subsidiary of Mediacom Communications Corporation that owns the cable system that provides the Services (as defined below). You understand that with your commitment, your monthly rate will increase in accordance with the terms of the offer, and Mediacom may increase monthly package price if it increases or adds to the standard rates for services, equipment and other items corresponding to those in the offered package, so long as the discount from standard prices represented by the initial offer price is maintained during the term stated in your offer. After the term ends, Mediacom may elect at any time to charge you its standard rates in effect from time to time. If any Service (as defined below) is terminated prior to the end of the Term you may owe an Early Termination Fee as described below.
1. Your Services. The services that you have purchased (“Services”) and their associated pricing, including promotional and package pricing you receive, if any, are listed in the monthly billing statement provided to you by Mediacom. Details of the services that you receive can be found in the rate card and channel lineup provided to you at installation, or at any time upon request by calling Mediacom at 1-855-633-4226. Mediacom’s determinations regarding the identification of your Services and associated pricing are final. Should you desire to change the Services that you purchase, please call Mediacom at 1-855-633-4226 and talk to one of our agents, however, an Early Termination Fee may apply.
2. Other Terms and Conditions Apply. You agree that the Services are subject to the Mediacom Residential Customer and User Agreement (“Customer Agreement”) and any other applicable terms, conditions and policies as provided by the Customer Agreement. You agree to be bound by the provisions of the Customer Agreement. This Commitment Agreement is limited to the express terms contained herein. Statements regarding your Services or the terms and conditions that apply to you by or on behalf of Mediacom or any of its affiliates on a website, in promotional or marketing materials, in a telephone conversation or otherwise than in an express provision of this Commitment Agreement are not part of this Commitment Agreement, do not change the express terms of this Commitment Agreement or any of the other applicable terms, conditions or policies, are not representations, warranties or commitments and do not create obligations or liability on the part of Mediacom.
3. How to Get a Copy of the Customer Agreement. The Customer Agreement can be found at http://www.mediacomcable.com/site/legal.html or you can call Mediacom at 1-855-633-4226 and request that we mail you a copy either electronically or via the US Postal Service. You agree that your failure to completely read or understand any provision of the Customer Agreement or your failure to receive a copy of the Customer Agreement following a request to Mediacom does not relieve you of any obligations or waive any of Mediacom’s rights under the Customer Agreement. In instances where there is a conflict between the provisions of this Commitment Agreement and the Customer Agreement, the provisions of the Customer Agreement shall prevail.
4. Changes in standard rates. Mediacom reserves the right during the Term and thereafter to change the standard rates of your Services if the standard rate is increased in the community in which you receive your Services. Mediacom may institute new or increase or otherwise change fees and charges for or associated with the Services provided under this Commitment Agreement. In the event of an increase or new charge in your community, the Term will continue to apply and you will continue to receive the discounts off of the standard rates as noted on your Order Sheet.
5. Early Termination Fees. If you terminate this Commitment Agreement by cancelling any Service or all of the Services or if the Services are terminated based on non-payment or other cause before the end of the Term, you agree to pay Mediacom an early termination fee (“Early Termination Fee” or “ETF”) of up to $240.00 for two and three year agreements up to $120 for one-year agreements. The ETF will be reduced by a prorated amount each day that you maintain the Services. Notwithstanding the foregoing, you may terminate this Commitment Agreement during the Cancellation Window described in Section 13 below and not be charged an ETF.
6. Downgrading and Upgrading Services. If you downgrade any Service or terminate some but not all of the Services before the end of the Term, in addition to any ETF owed pursuant to Section 5, above, you will be charged the then current standard rates for the Services and there will no longer be any discounts from the standard rates under this Commitment Agreement. If you wish to upgrade any of the Services during the Term, then you can call Mediacom at 1-855-633-4226 to find out how a particular upgrade would affect this Commitment Agreement.
7. Relocation ETF. If you relocate to an area where Mediacom does not serve or does not offer the Services, then this Commitment Agreement may be cancelled and you will be charged an ETF. If you relocate within an area where Mediacom provides the Services this Commitment Agreement remains in effect and you may be charged a transfer fee, not to exceed $29,in addition to any other installation or other related charges at the new location.
8. Relocation ETF Exception. If you are active duty status in any branch of the United States Military and relocate to an area where Mediacom does not serve or does not offer the Services, then this Commitment Agreement may be cancelled without an ETF provided you 1) provide Mediacom prior written notice of the move including any documentation requested to substantiate the move 2) you return all Mediacom equipment and 3) you pay all outstanding amounts due. Information regarding the provision of notice, required documentation and equipment return can be obtained by contacting Mediacom’s Customer Service at 1-855-633-4226.
9. Other Fees and Charges. The discounts are a set dollar amount off of the then current Standard Rate. Additional Services and equipment not included in your Mediacom Pak and other fees and charges, including charges such as taxes, fees and any other governmental or other charges or pass-throughs on any part of the Services are not affected by this Commitment Agreement and will be charged to you. You understand and agree that such fees and charges may be changed, added or increased during the Term.
10. Rates Upon Expiration. Upon expiration of this Commitment Agreement, Mediacom may charge you the then current Standard Rates for the Services or may offer a discount from those Standard Rates at its discretion.
11. Changes in Programming, Features and Functionality. Mediacom reserves the right during the Commitment Period to change, re-arrange, add, delete or discontinue packages or services (including the networks, programs or other item in those packages or Mediacom Paks) and their features, functionality and other aspects of the Services. The availability of one or more programs, networks, channels, sporting events, websites or other content or resource may be permanently or temporarily interrupted. In addition, certain programming, including sports events, may be "blacked out" in your area as required by law or for other reasons. The actions set forth in this section may occur without notice and without reducing your fees or charges, except as mandated by law.
12. Severability. If any provision of this Commitment Agreement is determined to be invalid, illegal, or unenforceable, it shall be severed from this Commitment Agreement. All other conditions and provisions of this Commitment Agreement shall nevertheless remain in full force and effect.
13. Cancellation Window. You may cancel this Commitment Agreement without an ETF within 90 days of signing this Commitment Agreement, provided that your account is in good standing, by calling Mediacom’s Customer Service Department at 1-855-633-4226 returning any equipment and paying all outstanding amounts owed. In addition, provided you have returned all equipment in good working order and that your account is in good standing, upon request you may receive a refund of all monthly recurring fees actually paid for service and equipment rental during the first 90 days after signing this Commitment Agreement. Such refund does not include non-recurring or incidental fees such as installation, pay-per-view, home shopping charges, long distance phone charges, or similar charges.
YOUR SERVICE TERMS MAY CONTAIN A BINDING ARBITRATION PROVISION WHICH WOULD REQUIRE THAT DISPUTES BE SUBMITTED TO ARBITRATION.
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