FSN CONFERENCE CONNECT SERVICES

TERMS AND CONDITIONS

Full Service Network (FSN) agrees to rent its equipment (Equipment), and provide various services subject to the conditions of thisTerms and Conditions document (Contract), and in consideration thereof and the undersigned customer (“Customer”) agrees to the following:

TERMS & CONDITIONS THAT APPLY TO ALL SERVICES:

Accounts are charged upon receipt of the order for the full amount of services ordered Customer agrees to pay for the same upon receipt of an invoice. Any additional cost incurred by FSN to assist in diagnosis or problem resolution found not to be fault of FSN, or to collect any required information the customers fails to provide in order to complete the installation will be billed to the Customer at the prevailing rate. Any problem relating to the services provided must be reported immediately by calling FSN at 888-327-9115. Unused deposits will be refunded in the same manner as payment was made. Only FSN staff are authorized to make any change or modification to the cabling infrastructure of FSN.Cancellations must be made in writing seventy-two (72) hours prior to scheduled installation or delivery time. Refunds will not be given for orders cancelled less than seventy-two (72) hours prior to install or delivery. All prices are subject to change without prior notice.

LIMITATION OF LIABILITY: In no event shall either party be liable to the other or it’s end-users for any indirect, incidental, consequential, punitive, or special damages (including but not limited to business losses and lost profits) as a result of any Service, equipment, facilities, person, or system provided or utilized under this Agreement, except to the extent caused by willful misconduct.  FSN’s entire liability for any claim, loss, damage, or expense from any cause whatsoever, shall in no event exceed sums actually paid to FSN by Customer for the specific work giving rise to the claim.  THERE ARE NO RESPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT, AS MAY BE EXPRESSLY SET FORTH HEREIN.  

INDEMNIFICATION: Each party shall defend and indemnify the other party and its directors, officers, employees, representatives and agents from any and all claims, penalties, expenses, damages, interest, lawsuits or other liabilities (including without limitation, reasonable attorney fees and court costs) relating to or arising out of (a) its negligent acts or omissions in the operation of its business, and (b) its breach of this Agreement or any warranty provided under this Agreement; provided, however, FSN shall not be liable and shall not be obligated to indemnify Customer, and Customer shall defend and indemnify FSN hereunder, for any claims by any third party,including end-users, with respect to services provided by FSN which may incorporate any of the Service.  

FORCE MAJEURE:  FSN shall not be liable for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by events beyond such FSN’s reasonable control, including, but not limited to, fire, flood, explosion, accident, war, strike, government embargo, governmental requirement, civil or military authority or Act of God, inability to secure materials not in such party’s possession, acts or omission of common carriers, or any other causes beyond their reasonable control (“Force Majeure”).  Any such delay or failure shall suspend the FSN’s performance under this Agreement until the Force Majeure ceases and the Term shall be extended by the length of the suspension.  

GOVERNING LAW/FORUM SELECTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflicts of laws provisions. Customer hereby acknowledges and agrees that the proper place to resolve any dispute shall be Pittsburgh, Pennsylvania.  

PARTIAL INVALIDITY: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any provision of this Agreement is deemed invalid, the appropriate section of FSN’s state or federal tariffs will then control for the subject matter of said invalid provision.  

NO WAIVER: No term or provision of this Agreement shall be deemed waived and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

TERMS & CONDITIONS THAT APPLY TO AUDIO & VISUAL EQUIPMENT RENTAL: Customer understands and agrees that FSN Equipment requested remains the property of FSN, and that the failure by the Customer to return said Equipment to FSN may constitute a crime and subject Customer to criminal prosecution. Customer acknowledges that the equipment has been examined and knows the condition thereof, and that the same is in good condition and repair and Customer agrees equipment will be returned in the same condition as when received, ordinary wear and tear excepted. Customer assumes all risks of loss, theft, or destruction of, or damage to such Equipment, and will hold FSN harmless from any and all damages, claim, lien, storage costs, labor and materials. Customer further agrees to pay FSN on demand all cost of repairs or replacement at the current repair or replacement costs of said Equipment. FSN shall have a lien on all Customer's property for all charges and expenses incurred by FSN under the terms of the contract including those caused by damage to or destruction of said Equipment. Customer agrees that FSN has the right to terminate this agreement at any time, and retake possession of said Equipment and Customer shall guarantee free access to FSN of said Equipment and may enter upon the premises of the Customer, without becoming liable for trespass. Customer expressly agrees to use Equipment in strict accordance with given instructions. Failure to do so automatically terminates this contract, with all sums due hereunder immediately payable to FSN. Customer further agrees to immediately return said Equipment. FSN shall not be liable to Customer any liability, claim loss, damage (direct or consequential) or expense of any kind or nature caused, directly or indirectly, by the Equipment or any inadequacy thereof for any purpose or any deficiency or defect (latent or patent) therein or delay in providing or failure to provide any thereof, or any interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and however caused. FSN shall not, by virtue of having rented the Equipment under this contract, be deemed to have made any representation or warranty, whether written or oral or expressed or implied as to the condition of, or as to the quality of the material or workmanship in the Equipment. Rental charges shall be based on all or any part of each twenty-four (24) hour period following 5:59AM. Customer agrees to pay rental fee stipulated for period stated. If Equipment is kept for a longer period, rental fee will be charged at the stated rate until the Equipment is returned to the possession of FSN. No term or condition of this contract may be waived or modified as to FSN except in writing signed by FSN authorized representative or by an officer of FSN who has been expressly authorized to do so by FSN. Electrical Service is not included in equipment pricing. Additional labor, if required, is subject to the prevailing rate, two (2) hour minimum. Equipment delivery and installation times are prioritized after FSN receives your request. FSN is not responsible if equipment installation does not meet your timeline due to any unforeseen circumstances that may occur at the site.

Customer is responsible for protecting all rental equipment after taking possession of the equipment, and is responsible for returning all rental equipment within one (1) hour after completion of event. All rental equipment remains the property of FSN and is not available for sale.Customers are responsible for safekeeping and return of all rental equipment. All telecom equipment must be returned to FSN offices within one (1) hour following close of your event, unless other arrangements have been agreed upon by Customer&FSN. Customer assumes all risk of loss, theft, destruction of, or damage to equipment and will hold FSN harmless from any and all damages, claim, lien, storage cost, labor & materials. Customer further agrees to pay FSN on demand all costs associated with damaged or lost equipment.

INTERNET SERVICES TERMS & CONDITIONS:Internet Service is provided subject to FSN “Internet Acceptable Use Policy” and Wifi Internet is subject to FSN’s “Wifi terms of Service” both as posted on FSN’s website fullservicenetwork.com/tariffs-and-legal/” (Internet Terms.) Both of those documents are incorporated herein by reference.  Any conflict between the verbiage of this Contract and the Internet terms; the Internet Terms prevail and control except as to discounts and price in which limited case this Contract controls. Internet Performance Disclaimer: FSN does not guarantee the speed, routing, performance or throughput, either expressed, or implied, of any data circuit or connection with regard to the Internet and/or Internet backbone beyond the FSN demarcation point. Internet Security Disclaimer: FSN does not provide security for any data circuit or connection we provide. Customer has the responsibility of providing any network security (such as, but not limited to, firewalls, anti-virus software, etc.). All Customers agree that FSN, our agents and/or contractors will not be held responsible for any liabilities arising from the use of non-secured data circuits, either connected, or not connected to the Internet, including but not limited to loss of business. Intended Use of Network Connections: The network connection and Internet services provided by FSN may only be used by the officers, directors, and agents of the Company purchasing the services, including its guests and consultants if performing a service to the Company. FSN network or Internet services may not be resold, or made available for use by another company, individual or exhibitor. All users of FSN's network services will use reasonable efforts to promote efficient use of the networks to avoid unnecessary network traffic and interference to other users of the interconnected networks. Users of FSN data services shall not disrupt other users of FSN data services. Any device that is suspected of disrupting or interfering with FSN owned and operated hardware or software will be disconnected and/or shutdown without notice. FSN data services shall not be used to transmit any communication that would violate any applicable law or regulation or be considered offensive to the recipient or recipients. All devices using FSN data services for Internet connectivity shall be required to obtain a FSN assigned IP address. Refunds will not be given for any service installed but not used. IMPORTANT NOTES: Labor charges may apply. FSN services and equipment must be requested one full business day prior to your intended use.  All services are terminated 1 hour after closing on the final day of the event. FSN does not guarantee any level of performance or connectivity beyond our gateway. Rates include an IP address and bringing the services to the reserved room by the most convenient manner. It does not include a personal computer, network interface card, TCP/IP software, power to the room, or configuration of personal equipment, including personal computers or laptops. Standard Ethernet services are provided to the customer on RJ-45 jacks using unshielded twisted pair (UTP) cabling - except where specifically noted.

TELECOMMUNICATIONS TERMS & CONDITIONS: Telecommunications Services are provided subject to FSN’s tariffs. FSN’s Pa P.U.C. Telephone and FSN’s FCC Telephone Tariffs are incorporated herein by reference.  Any conflict between the verbiage of this Contract and the FSN Tariffs; the tariffs prevail and control except as to discounts and price in which limited case this Contract controls. Only FSN Personnel are authorized to modify house wiring or cabling. All material furnished by FSN for this service shall remain the property of FSN. All lines will be restricted from 900/976 dialing. Usage Fees are used toward all calls placed from assigned telephone numbers. Additional phone charges such as relocation and phone usage fees will be applied to the final invoice after close of your event.Charges exceeding the usage fee amount will be charged to your account.

V1.0 03-13-2018