PLEASE READ THIS DOCUMENT AND YOUR WORK ORDER AND CONSENT TO SUBSCRIBER AGREEMENT CAREFULLY. TOGETHER THEY FORM AN “ADDENDUM” TO THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT THAT GOVERNS YOUR USE OF TIME WARNER CABLE’S SERVICES.
THE ADDENDUM INCLUDES THESE AND OTHER IMPORTANT TERMS:
- THE INTELLIGENTHOME SERVICES YOU SUBSCRIBED TO AND THE RELATED CHARGES;
- THE EQUIPMENT YOU ARE PURCHASING OR OTHERWISE RECEIVING IN CONNECTION WITH THE SERVICES, AND THE RELATED CHARGES;
- ANY INSTALLATION OR ACTIVATION CHARGES;
- HOW LONG YOUR CONTRACT RUNS (MINIMUM SERVICE TERM) AND FEES, IF ANY, FOR EARLY TERMINATION; AND
- LIMITATIONS ON TIME WARNER CABLE’S LIABILITY TO YOU OR OTHER PARTIES.
By signing the Work Order and Consent to Subscriber Agreement or by using the IntelligentHome Service, you accept (in other words, make legally binding) our Customer Agreements, including the Addendum, and confirm that, by doing so, you are not violating the terms of any agreement you may have with another provider of services.
THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT contains a binding “arbitration clause,” WHICH SAYS THAT YOU AND TWC AGREE TO RESOLVE CERTAIN disputes through arbitration. yOU HAVE THE RIGHT TO OPT OUT OF THIS part of the RESIDENTIAL SERVICES SUBSCRIBER agreement. SEE SECTION15 OF THAT AGREEMENT OR SECTION 8 OF THIS ADDENDUM.
IF YOU AGREED TO PURCHASE ANY PORTION OF THE INTELLIGENTHOME SERVICES OR EQUIPMENT WHILE MEETING WITH A TWC SALES REPRESENTATIVE, YOU MAY CANCEL that AGREEMENT PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THE AGREEMENT. YOUR TWC REPRESENTATIVE WILL PROVIDE YOU WITH A FORM EXPLAINING HOW YOU CAN CANCEL THE AGREEMENT AND THE LAST DATE ON WHICH YOU CAN DO SO.
Capitalized terms used in this Addendum have special meanings. Unless the capitalized terms are defined in Section 9 of this Addendum, they have the meanings given to them in the Residential Services Subscriber Agreement. You can review the Residential Services Subscriber Agreement, along with all our Customer Agreements, at http://help.twcable.com/policies.html or by contacting your local Time Warner Cable office.
You agree with TWC as follows:
1. You Must be a Time Warner Cable Broadband Customer
(a) You must be an existing subscriber to Time Warner Cable’s High Speed Date (or HSD) Service, at the “standard” level or higher, to receive the IntelligentHome Service.
(b) If you stop receiving Time Warner Cable high-speed Internet service at the standard level or higher, or fail to maintain your high-speed Internet account in good standing and the service in good working order, we may suspend or terminate your IntelligentHome Service.
(c) We will include in our calculation of your aggregate monthly data usage the data that is sent to and received from your premises in connection with the IntelligentHome Service. As a result, if your HSD Service level has a Bandwidth Limit, data usage charges relating to the IntelligentHome Service may apply.
2. A Minimum Term May Apply
(a) Your Work Order and Consent to Subscriber Agreement indicates whether you have agreed to a minimum service term for the IntelligentHomeService and, if you have, the number of months in the term.
(b) YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY “FOR CAUSE” UNDER OUR CUSTOMER AGREEMENTS, INCLUDING AS A RESULT OF YOUR NO LONGER RECEIVING OUR HIGH-SPEED INTERNET SERVICE). The amount of the Early Termination Fee is set out in your Work Order and Consent to Subscriber Agreement.
(c) If your IntelligentHome Service does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and you will not be subject to an Early Termination Fee if you cancel your service.
(d) Prior to the end of your minimum service term, if any, we will notify you of the monthly charges and any other fees that will apply once your service term becomes “month to month.” While your service term is month-to-month, TWC can change the monthly charges and any other fees associated with your IntelligentHome Service by providing you at least one billing cycle’s notice of the change.
3. What We Do When an Alarm is Triggered.
(a) If you subscribe to an IntelligentHome Service package that includes monitoring, we monitor the IntelligentHome Equipment from a central monitoring office. If the monitoring office receives a signal indicating that a fire or smoke condition exists, we will use all reasonable efforts to dispatch fire responders to the service address listed in our records. If the monitoring office detects an intrusion (for example, a sensor indicates that a door or window has been opened while the system is “armed”), we will use all reasonable efforts to dispatch the appropriate emergency responders.
(b) The laws in some areas require us to use private security personnel to respond to and verify certain intrusion alarms before local police will be dispatched. In those areas, we will use local security firms to respond to such alarms, and local police will be dispatched if an intrusion is verified. We may (but are not obligated to) attempt to contact you or another person that you have identified before we dispatch emergency responders.
(c) If a person at your premises (or another authorized contact person) provides us with a pre-agreed passcode and requests that we disregard an alarm, that we not contact emergency responders, or that we cancel a previous dispatch request to emergency responders, we may (but are not obligated to) attempt to do so.
(d) You must notify us, in advance in writing (including through our secure website), of any person you wish us to contact if an alarm occurs on your premises. You are responsible for updating and ensuring the accuracy of this contact information.
(e) The IntelligentHome Equipment may permit “two-way” voice communications, which allow you to speak to our central monitoring office from designated places within your premises and for our central monitoring office personnel to speak to you. We may also use this feature to hear what is occurring within your premises but only when, in our sole discretion, we deem it necessary or advisable in providing the monitoring services (for example, when a sensor indicates that a door or window has opened while the system is “armed”). We are not obligated to dispatch emergency responders or contact any other person based solely on two-way voice communications unless such assistance is requested.
(f) We may (but are not obligated to) record and retain any communications between your premises and our central monitoring office.
4. Special Financial Responsibilities relating to the IntelligentHome Services
(a) If a third party (in other words, someone other than you, which may include your insurance company) seeks money from TWC on any claim that relates to our providing the IntelligentHome Service, the Equipment or the Software to you (for example, claiming that these did not work correctly or that TWC was negligent in providing them), you will indemnify us (in other words, make us whole) for any losses, including reasonable attorneys’ fees, that we suffer.
(b) If we are required to pay any fines, penalties or other costs as a result of a “false” alarm at your premises, you will reimburse us for such costs, including reasonable attorneys’ fees. If there are repeated false alarms at your premises, we may terminate your IntelligentHome Service “for cause.”
5. Your Responsibilities Regarding the IntelligentHome Equipment
(a) The Time Warner Cable Equipment belongs to us and must be returned to us if you cease to receive the IntelligentHome Service for any reason.
(b) The Time Warner Cable Equipment is linked to the service address on your Work Order and Consent to Subscriber Agreement. You may not use the Time Warner Cable Equipment with another security services provider or move it to another location. If you do, the equipment may not operate properly or emergency responders may not be able to find the premises where it is then located.
(c) You will use the IntelligentHome Service as installed by us, and in a manner that is consistent with the instructions and other materials that we provide to you (including with respect to periodic testing of the Equipment). If you relocate the Equipment within your home after installation, or obstruct the Equipment or otherwise hinder its proper operation (for example, in the course of home renovations, or as a result of moving the furniture within your home), it may not operate properly.
(d) If the law in your area requires that you hold a license or permit for the installation, use or monitoring of the IntelligentHome Service, you agree to maintain such a license or permit and provide us with your license or permit number if we request it. In some areas, we may be able to obtain a required license or permit on your behalf. You will be responsible for the cost of any license or permit described in this paragraph.
(e) If your IntelligentHome Services include a fire alarm system, you acknowledge that the cost to Time Warner Cable of making the fire alarm system operable for your premises, including sales and installation costs, do not exceed five hundred dollars ($500.00).
(f) The fire alarm system available to you as an IntelligentHome Service customer is not intended to replace fire alarm systems that are required in order to satisfy building code and fire protection requirements in your area. We recommend that you have and maintain a fire alarm system that satisfies building code and fire protection requirements in your area in addition to any fire alarm system you purchase from Time Warner Cable in connection with the IntelligentHome Service. This includes any fire alarm system and equipment that you had previously and that you have replaced with IntelligentHome Service.
(g) Time Warner Cable will not test or inspect any fire alarm system other than a fire alarm system that we install. You are responsible for determining whether your non-TWC fire alarm system complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is working properly.
(h) You are responsible for determining the IntelligentHome Service and Equipment that best meet your needs. You are not relying on our skill or judgment in making this determination and we cannot accept any responsibility for your choices.
(i) You will notify us of any problems with the IntelligentHome Service and Equipment as promptly as possible.
6. If You Have Service Problems, You May Be Entitled to a Credit
(a) We will attempt to correct service issues caused by the Time Warner Cable Equipment or Software but we are not required to install, service or replace other equipment (including Customer Owned Equipment) or software. Depending on the circumstances, we may charge you for service calls.
(b) TWC has no liability for service interruptions except that, if you lose your IntelligentHome Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, we will provide you a credit for that period if you request one. All credit requests must be made within 30 days of your next bill following the outage or service issue.
(c) We have no responsibility for service problems that are beyond our reasonable control. Examples of problems beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses or strikes.
7. Our Services are Not Guaranteed and Our Liability is Limited
(a) We operate the IntelligentHome Service, which is electrically powered, over our broadband network. If, for any reason, the Equipment or any portion of our cable system is unable to carry broadband communications (for example, due to power or equipment problems) or if your home or area experiences power or equipment problems, the IntelligentHome Service may not work correctly or may not work at all.
(b) The IntelligentHome Service may include a battery and/or a wireless back-up designed to enable communication with our central monitoring office during some types of outages. However, these back-ups may not work correctly, or may not work at all. The availability of a wireless backup depends on the availability and quality of wireless coverage in your area and the status of our arrangements with any wireless providers that may provide such coverage.
(c) We will conduct cable system maintenance from time to time that may interrupt the IntelligentHome Service.
(d) IF YOU HAVE PROBLEMS WITH CUSTOMER OWNED EQUIPMENT, YOU MAY BE ENTITLED TO A WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER. FOR SO LONG AS YOU CONTINUE TO RECEIVE THE INTELLIGENTHOME SERVICE, WE WILL ADMINISTER THE ORIGINAL MANUCTURER’S WARRANTY AS THE MANUFACTURER’S DESIGNATED REPRESENTATIVE. TERMINATION OF YOUR INTELLIGENTHOME SERVICE DOES NOT AFFECT THE ORIGINAL MANUFACTURER’S WARRANTY, ONLY OUR ADMINISTRATION OF IT. A COPY OF THE ORIGINAL MANUFACTURER’S WARRANTY FOR CUSTOMER OWNED EQUIPMENT IS AVAILABLE FOR INSPECTION BEFORE SALE AT OUR WEBSITE OR UPON YOUR WRITTEN REQUEST. OTHER THAN THE ADMINISTRATION OF ANY WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, TWC PROVIDES NO WARRANTIES WITH RESPECT TO THE CUSTOMER OWNED EQUIPMENT.
(e) EXCEPT FOR ANY LIMITED WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, WE PROVIDE CUSTOMER-OWNED EQUIPMENT TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING SO-CALLED “IMPLIED” WARRANTIES (SUCH AS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
(f) OUR SERVICES, EQUIPMENT AND SOFTWARE ARE NOT GUARANTEED TO WORK OR TO BE ERROR FREE AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THIS INCLUDES SO-CALLED “IMPLIED WARRANTIES” (SUCH AS THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). AMONG OTHER THINGS, WE DO NOT WARRANT THAT THE INTELLIGENTHOME SERVICES, THE EQUIPMENT OR THE SOFTWARE WILL PREVENT OR PROTECT AGAINST ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. IF THE LAW WHERE YOU LIVE SAYS WE CAN NOT EXCLUDE CERTAIN WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED.
(g) WHEN YOU PURCHASE INTELLIGENTHOME SERVICES OR EQUIPMENT FROM US, YOU ARE NOT PURCHASING INSURANCE. YOU ASSUME ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. YOU WILL INSURE AGAINST SUCH RISKS BY PURCHASING INSURANCE FROM A QUALIFIED INSURANCE COMPANY.
(h) EXCEPT FOR THE SERVICE INTERRUPTION CREDITS DESCRIBED IN SECTION 4 OF THIS AGREEMENT, TWC WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES, BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US. THIS IS TRUE REGARDLESS OF THE BASIS OF ANY CLAIM, INCLUDING LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY CAUSED BY OR CONTRIBUTED TO BY OUR NEGLIGENCE (INCLUDING IN SELECTING, INSTALLING AND MONITORING THE EQUIPMENT) OR OUR ACTIONS OR FAILURE TO ACT UNDER ANY CIRCUMSTANCES (INCLUDING IN RESPECT OF SCHEDULING AND KEEPING INSTALLATION AND SERVICE CALLS).
(i) TWC WILL NOT BE REQUIRED TO PROVIDE COMPENSATION TO YOU IN EXCESS OF $1,000 UNDER ANY CIRCUMSTANCES. TWC WILL NOT BE LIABLE TO ANY THIRD PARTY, INCLUDING YOUR INSURANCE COMPANY, AS A RESULT OF PROVIDING YOU WITH THE INTELLIGENTHOME SERVICES, THE EQUIPMENT OR THE SOFTWARE. YOU WAIVE (IN OTHER WORDS, GIVE UP) ANY RIGHT YOU MAY HAVE TO GIVE YOUR INSURANCE COMPANY THE POWER TO SUE TWC (WHICH IS KNOWN AS “SUBROGATION”).
(j) IF YOU RECOVER ANY LOSSES OR DAMAGES FROM AN INSURANCE COMPANY IN CONNECTION WITH ANY CLAIM THAT RELATES TO OUR PROVISION OF THE INTELLIGENTHOME SERVICE, THE EQUIPMENT OR THE SOFTWARE, YOU RELEASE TWC FROM ANY OBLIGATION TO PAY YOU ANY SUCH AMOUNTS AND FOR ALL INSURANCE DEDUCTIBLES RELATING TO THE POLICY GIVING RISE TO SUCH RECOVERY.
8. You are Agreeing to Limit Your Legal Rights
(a) You waive (in other words, give up) the right to commence any proceeding against TWC if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified TWC in writing of the events giving rise to the proceeding within one year of their occurrence.
(b) Under Section 15 of the Residential Services Subscriber Agreement, each of us agrees to submit certain Disputes to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. You may opt out of this arbitration provision. If you do so, neither you nor TWC can require the other to participate in an arbitration proceeding. To opt out, you must notify TWC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses to opt out:
Time Warner Cable
60 Columbus Circle, Rm 16-364
New York, NY 10023
Attn: Arbitration Opt-out
(c) Any Dispute relating to a single individual’s claim for property damage in excess of $25,000, personal injury or death that arises out of or relates to our having provided the IntelligentHome Service, the Software or the Equipment to you, must be brought in a court of law having appropriate jurisdiction and may not be submitted to arbitration.
(d) Any claim properly brought in a court of law in connection with our Customer Agreements (including this Addendum) will be heard and decided by a judge, not a jury. Each of us waives the right to a jury trial in any such court proceeding.
(a) “Addendum” means this document, as amended from time to time, together with your Work Order and Consent to Subscriber Agreement.
(b) “Customer Owned Equipment” means the door and motion sensors, and other detectors and related equipment that you purchase from us for use inside your premises in connection with the IntelligentHome Service.
(c) "Equipment" means IntelligentHome Equipment and other equipment utilized in connection with the IntelligentHome Service. Equipment does not include wiring on your premises.
(d) “IntelligentHome Equipment” means the Time Warner Cable Equipment and the Customer Owned Equipment.
(e) “Software” refers to the software we provide to you in connection with the IntelligentHome Services. This also includes any executable code we provide for use on our Equipment.
(f) “Time Warner Cable Equipment” means the main control panel and the cable modem that we provide to you in connection with the IntelligentHome Service. This equipment must be returned to us if your IntelligentHome Service is terminated.
(g) "Work Order and Consent to Subscriber Agreement" means the TWC work or service order that identifies the IntelligentHome Service(s) you receive. You were probably provided this service order and consent when we initiated or last serviced your account but if you require a copy, please contact your local TWC office.
10. Conflicts with our other Customer Agreements
(a) This Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement. As a result, the other Customer Agreements referred to in the Residential Services Subscriber Agreement also apply to the IntelligentHome Service.
(b) In the event of a direct conflict between the terms of this Addendum and the Residential Services Subscriber Agreement and/or our other Customer Agreements, the terms of the Addendum shall control but only with respect to the IntelligentHome Service.
(c) In the event of a direct conflict between the terms of this document and the Work Order and Consent to Subscriber Agreement, the terms of this document will control.
11. License Information
TWC Security Inc. d/b/a Time Warner Cable License Information: Alarm company operators are licensed and regulated by the Dept. of Consumer Affairs, Bureau of Security & Investigative Services, Sacramento, CA 95814, CA ACO7062; FL EF20000977; NJ 34BF00045600; NY12000302365, Licensed by NYS Dept. of State; NC Alarm Systems Licensing Bd., 1631 Midtown Pl., Ste.104, Raleigh, 27609, (919) 875-3611; 583-CSA and 1261-CSA; OH 53-25-1616; SC BAC13456, FAC13411; TX B17430, Texas Private Security Bureau, 5805 N. Lamar Blvd., Austin, Texas 78752; Time Warner Entertainment Company, L.P. HI CT-18287; California Customers Only: Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act.