THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
CSC Holdings, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "Altice") is pleased to provide its Premium Tech Support for Business ("PTS Business") to You in accordance with these terms and conditions, which incorporate and include the General Terms and Conditions of Service, Agreement for Optimum TV for Business, Agreement for Optimum Online for Business, Agreement for Optimum Voice for Business, the Service Protection Terms and Conditions, and the Customer Privacy Notice, as applicable, and as such may be updated from time to time (collectively, the "Terms of Service"). In the event of any conflict between these Terms and Conditions below and the Terms of Service, the Terms of Service shall control.
Subscriber's use of Premium Tech Support for Business shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any Subscriber who does not agree to be bound by these terms should immediately stop their use of Premium Tech Support for Business and notify the Altice Customer Service Department to terminate the account. This is a legal document.
Premium Tech Support for Business is an optional monthly plan available to current Optimum Business customers which includes (a) technical support services for devices within your immediate service location that can connect to your wireless network ("Support Services"), (b) Altice's Service Protection plan ("Service Protection"), (c) access to a protection plan for certain qualifying products against failure due to breakdown ("Protection Plan"), and (d) access to the Premier Protection & Support mobile application ("Support App"). The Support Services, Service Protection, Protection Plan and Support App may be referred to, collectively, as "PTS Business," the "Services" or the "PTS for Business Plan."
In these Terms and Conditions: (a) "Altice," "We," "Us" and "Our" means CSC Holdings, LLC and its parents, subsidiaries, branches, affiliates, third-party providers, agents, contractors, employees, successors and assigns; (b) "Subscriber," "You" and "Your" mean the named account holder of the Optimum Business account or an individual or representative authorized to act on behalf of the Optimum Business account who accesses or uses the Services; (c) "Asurion" means Asurion Technology Services, Inc., the company providing Subscribers with coverage under the Protection Plan; (d) "Asurion Mobile" means Asurion Mobile Applications, LLC, the provider of the Support App.
Support Services are available for all devices that can connect to your wireless network, with the exception of the equipment provided and supported by Altice ("Supported Devices").
Scope of Support Services.
The Support Services only include (a) technical support for the Supported Devices and the operating systems and the operating systems and software applications either thereon or intended to be used thereon; and (b) technical support for the use of the Supported Devices with other devices and services manufactured to be compatible with the Supported Devices or intended to be connected thereto. The Services do not include, among other things, (a) assistance with third-party software or services that are not related to Your Supported Devices; (b) diagnostic support not related to Your Supported Devices; (c) modification of Original Equipment Manufacturer ("OEM") software; (d) installation of third-party software or OEM drivers not supported by Your Supported Devices; (e) installation of non-sanctioned applications; or (f) data migration from device to device.
Commercially Reasonable Efforts.
We will use commercially reasonable efforts to provide you with Support Services. This means that if we are unable to resolve the issue related to your supported device after making commercially reasonable efforts, we have the right and sole discretion to refuse to take further efforts to do so. Additionally, in some instances, we may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve Your issue. Some technical problems that You encounter when using Your Supported Device may be the result of software or hardware errors not yet resolved by the vendors, manufacturers or developers of that software or hardware, in which case We may not be able to resolve Your issue.
Representations and Authorizations.
When seeking Support Services, you represent that You are the Named Account Holder or an authorized user on the Optimum Business account, as well as any software or any device connected to Your Supported Device. When seeking Support Services, You (a) expressly consent to technical support personnel remotely accessing Your Supported Device and the data thereon through use of software or other means; and (b) authorize Us to effect changes to Your Supported Device, to the extent necessary and acknowledge and agree that such changes may be permanent and irreversible.
To receive Support Services, You may be required to download and/or run certain software applications ("Software") on Your Supported Device and/or on any device connected to or used in connection with Your Supported Device. The Software may include remote access tools that allow us to remotely access Your Supported Device and any device connected thereto, as well as the contents thereon. You agree that any remote access of Your Supported Device in connection with providing the Support Services may be recorded for quality control purposes, including video capture of the remote access session. You also agree to comply with the terms and conditions applicable to the Software and, in the event of a conflict between those terms and conditions and these Terms and Conditions, the Software-specific terms and conditions control, but only with regard to the Software itself. You are prohibited from and agree not to alter or copy the Software or any other materials provided to you as a result of your use of the Support Services.
It is your responsibility to back-up the software and data that is stored on Your Supported Device or devices connected to or used in connection with Your Supported Device, and we are not responsible for any loss, alteration, or corruption of any software or data. We may decline to provide service to you if we determine that You have not taken appropriate back-up measures.
- Supported Devices.
The PTS for Business Plan includes Altice's Service Protection plan, which covers certain customer support calls and service visits related to the Optimum TV, Optimum Online and/or Optimum Voice services. The Service Protection Terms and Conditions are incorporated herein by reference.
Protection Plan coverage is provided to PTS Business Subscribers directly by Asurion and may include Mobile Damage Protection at an additional cost. You must agree to Asurion's Protection Plan Terms and Conditions in order to receive the Protection Plan coverage. Asurion's Protection Plan Terms and Conditions without Mobile Damage Protection are available here and with Mobile Damage Protection are available here.
Optimum Privacy Notice & Passwords.
Our Privacy Notice is available here and explains our policies with respect to our collection, use and disclosure of information related to or derived from your use of PTS Business. Please read it carefully and completely. It is incorporated by reference into these Terms and Conditions, and by using PTS Business, You consent to our collection, use and disclosure of your information as set forth in that Notice. If you know or suspect that the passwords associated with or stored on Your Supported Device have been available to or accessed by anyone as a result of your use of PTS Business, You should immediately change or reset those passwords.
Costs and Data Usage Charges.
In some circumstances, you may need to purchase additional equipment or software to receive the full benefit of PTS Business, and you may incur data usage charges when using PTS Business. In those circumstances, you are fully and solely responsible for the cost of any such equipment or software and the payment of any such charges.
Disclaimer of Warranties and Limitation of Liability.
- Subscriber expressly agrees that the use of the Services, as well as the purchase, download, or use of any third-party service or product provided by or accessed through the Services, including but not limited to the Protection Plan and/or Support App, is at Subscriber's sole risk and Subscriber acknowledges that the Services and these third party services, products and materials are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Altice nor any third-party provider of services or products, including Asurion and/or Asurion Mobile, makes any representations or warranties with respect to any service offered through the PTS for Business Plan and Altice shall not be party to nor responsible for monitoring any transaction between Subscriber and other third-party providers of products or services outside the terms of these Terms and Conditions.
Unless otherwise specifically provided in these Term and Conditions, Altice and any of its third-party providers, including but not limited to Asurion and/or Asurion Mobile, will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities, failure to transmit or receive any data, loss, misuse or disclosure of data or confidential information, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of Services or provided third party services by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of the Services; and
- any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Services by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of Altice, its officers, employees, agents, contractors, third-party providers, or representatives which, but for this provision, would give rise to a cause of action against Altice in contract, tort or any other legal doctrine.
Except as noted below under "Excepted Claims," any and all disputes arising between You and Altice, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, third-party providers, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving your dispute with Altice through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ALTICE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU ARE AN EXISTING SUBSCRIBER FOR AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT AND HAVE PREVIOIUSLY ENTERED INTO AN ARBITRATION AGREEMENT WITH ALTICE, THE TERMS OF THIS ARBITRATION PROVISION ALREADY APPLY TO YOU. IF YOU BECAME A SUBSCRIBER ON OR WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, AND DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ALTICE IN WRITING WITHIN 30 DAYS OF THE DATE YOU SIGNED UP FOR THE SERVICES BY EMAILING US AT NOARBITRATION@ALTICEUSA.COM OR BY MAIL TO ALTICE RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO ALTICE MUST INCLUDE YOUR NAME, ADDRESS, AND ALTICE ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ALTICE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ALTICE OR THE DELIVERY OF ALTICE SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH ALTICE.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Altice agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Altice.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Altice. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to you in the area where you receive the Service(s). If the amount in dispute is less than $50,000, Altice agrees that you may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
You agree that if You fail to notify Altice in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Altice will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Altice will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Altice to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Altice for any amounts Altice may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Altice's attorneys' fees and expenses. If Altice is the claimant, the arbitrator shall have the same discretion to require Altice to pay Your attorneys' fees and expenses if the arbitrator concludes that Altice's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Altice agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Altice account holders, neither You nor Altice may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Altice proceeds to court rather than through arbitration, You and Altice each waive the right to any trial by jury through this Agreement. If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the theft or piracy of Altice products or services. In addition, either You or Altice may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
INTELLECTUAL PROPERTY RIGHTS.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with PTS Business are the exclusive property of Altice or its third party providers, and all such rights not expressly granted to You in these Terms and Conditions are hereby reserved and retained by Us. If You submit comments or ideas about PTS Business, including ways to improve PTS Business or other of Our products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that Altice does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
These Terms and Conditions and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Altice, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
SEVERABILITY & WAIVER.
If any term of these Terms and Conditions is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from these Terms and Conditions. Any failure to enforce a right or term of these Terms and Conditions shall not be deemed a waiver of that right or term.
CHOICE OF LAW:
These Terms and Conditions shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
This Agreement constitutes the entire agreement between the Subscriber and Altice for PTS Business. No undertaking, representation or warranty made by any agent or representative of Altice in connection with the Services shall be binding on Altice except as expressly included herein.
Altice may, in its sole discretion, change, modify, add or remove portions of these Terms and Conditions at any time. Altice may notify Subscriber of any such changes to these Terms and Conditions by posting notice of such changes on the Optimum website or sending notice via e-mail or postal mail. The Subscriber's continued use of the Services following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these Terms and Conditions, Subscriber must immediately cease using the Services and notify Altice that Subscriber is terminating the Services.
Effective October 10, 2016