Mammoth Internet Service Contract DocuSign Envelope ID:B09C23D3-C4EC-4131-8624-6AC255D207A8
VISIONARY TM Service Order Form
BROADBAND email: business@visionarybroadband.com
phone: 307.687.9933 fax: 307.682.2519
postal mail:Visionary Broadband . PO Box 2799. Gillette WY 82717-2799
physical:Visionary Broadband . 1001 S Douglas Hwy. Suite 201 . Gillette WY 82716
Company Name: Town of Avon Account Number: SF-274489
Contact Name: Robert McKenner Service Order Number: SO-00034038
Billing Email: rmckenner@avon.org Contract Date: May 26, 2022
Billing Address: 1 Lake St Jurisdiction certification: Internet
City/State/Zip:Avon CO 81620 Percentage of Interstate
Utilization (Plu-0%or100%): 0%
Phone:
Tax ID:
Circuit Description: Charges: Term: 36 Months
Renewal of 50/50M.
36 month term $826.00 MRC,does not include current taxes
MRC:$826.00(includes NID) $0.00 NRC
NRC=Non-Recurring Cost.MRC=Monthly Recurring Cost
Location A Location Z
Company: Visionary Broadband Company: Town of Avon
Service Address: Service Address:
500 Swift Gulch Rd Avon CO 81620
Local Contact: Local Contact: Christopher lovane
Local Phone: Local Phone: 3032425635
Location Notes: Location Notes:
Your signature below acknowledges you have read,understand and accept the Terms of this Service Order Form.This Service Order Form is subject to the Visionary
Broadband Dedicated and High-Cap Service Agreement between the companies below,including the term length displayed on this form,and that you are duly
authorized to execute and deliver this Contract as of the date set forth below.Customer can upgrade services,without penalty,in the middle of the term.
Visionary Communications, Inc. ,-DocuSigned by: Town of Avon
signed: signed: Fb� �5t LV'
'-53727CD7FEB64EB...
print: print: Robert McKenner
title: title: IT Manager
Please execute Service Order Form and fax a copy to the number above,then mail a hard copy to the address above. ver 0421
DocuSign Envelope ID: B09C23D3-C4EC-4131-8624-6AC255D207A8
9. Client hereby acknowledges that the Internet is not owned,operated,
managed by,or in any way associated with VCN or any of it's affiliates;it is a
VISIONARY . separate network of computers independent of VCN.Client's use of the Internet
is solely at Client's own risk and is subject to all applicable local,state,national,
and international laws and regulations.Access to the Internet is dependent upon
R O A D B A N D numerous factors,technologies,and systems,many of which are beyond VCN's
authority and control.Access to other networks via VCN's network must comply
with the rules appropriate for those networks. VCN exercises no control
whatsoever over the content of the information passing through its network.
Terms and Conditions
10. VCN'S network can only be used for lawful purposes. The
1. Throughout this agreement you,the customer,will be referred to as transmission of any material in violation of any local, state, national, or
"Client"and Visionary Communications,Inc.will be referred to as"VCN". international law or regulation is prohibited.This includes,but is not limited to,
copyrighted material, material legally judged to be threatening or obscene,
2. VCN shall provide to Client a dedicated connection to the Internet at material protected by trade secret,or material that is otherwise deemed to be
the maximum throughput rate indicated on the Order Form and Contract (hereinafter proprietary or judged by VCN to be inappropriate or improper such as bulk e-mail
referred to as the"Connection").The connection is"always on",and bandwidth is shared messages.
with other users of VCN's networks. Client shall receive from VCN the requirements
necessary to provide Client with the Connection,which may include,but not be limited to 11. Actual connection speed between client and a remote server or user is
equipment, IP addresses and configuration information. This agreement is expressly dependent upon numerous factors,technologies,and systems, many of which
conditioned upon Client's continued compliance with VCN's acceptable use policies as are beyond VCN's authority and control.VCN warrants to Client,and only to
posted on its web site at https://www.vcn.com, including any changes that may Client,subject to the limitations set forth in this agreement,that it will use its best
subsequently be made. efforts to maintain contracted throughput speeds, which for purposes of this
warranty means the ability of the network to transmit traffic at the contracted
3. All equipment is and shall remain the property of VCN unless speed,measured over a rolling one-month period.Any down time exceeding a
purchased by the Client, and shall be returned to VCN, in original condition, two day period(based on a thirty day month)will be credited.This is the Client's
within five(5)days of service termination.If,during the term of this agreement, sole and exclusive remedy for throughput failure.The service credits shall not
the equipment fails to operate properly through no fault of client it will be replaced apply if:(a)any CPE used in the connection has been subjected to physical or
with serviceable equipment by VCN. Upon termination Client shall allow VCN electrical stress,misuse,neglect,accident or abuse,or damaged by any other
employees to remove the hardware from Client's premises. external causes;(b)equipment has been installed,repaired,or altered by anyone
other than VCN or its subcontractors or affiliates,without VCN's express and
Installation includes up-to 100 feet of cabling unless otherwise stated.Additional prior written approval; (c)the services or equipment are used in violation of
cabling will be billed at$0.50 per foot.Installation includes up to 2 hours of labor applicable law or in violation of instructions furnished by VCN;(d)the Client has
unless otherwise stated.Additional labor will be billed at$80 per hour per tech. not provided VCN access to the Client premises to effect repairs; (e)
performance is adversely affected by scheduled or emergency maintenance.
4. Client shall pay VCN a monthly fee during the term of this agreement.
12 EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN
Client will be invoiced by E-mail (or optional paper invoice) monthly in THIS AGREEMENT, ALL PRODUCTS AND SERVICES TO BE PROVIDED
advance for all amounts due and owing to VCN.Until Client notifies VCN HEREUNDER ARE PROVIDED ON AN AS-IS BASIS.VISIONARY DOES NOT
in writing or by E-mail to use a different address or to request a paper MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER STATUTORY,
invoice to be delivered to a physical address,VCN shall use the E-mail EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO,
address assigned to Client as part of the Internet service offered by VCN. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL
All payments are due on the twentieth(20th)day of each month.Unless PROPERTY RIGHTS,AND ANY WARRANTIES ARISING FROM A COURSE
otherwise specified in writing by VCN,payments shall be made payable to OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS EXPRESSLY
"Visionary Communications,Inc."and mailed as directed on the invoice. STATED VISIONARY DOES NOT WARRANT THAT THE CONNECTION WILL
Credit Card payments are also acceptable.Invoices not timely paid may PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED,
be subject to a late payment charge of the lesser of one and one-half ERROR-FREE,OR COMPLETELY SECURE.THIS INCLUDES LOSS OF DATA
percent(1.5%)per month, or portion thereof, or the maximum amount RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR
allowed by law. Client account may be terminated and or equipment SERVICE INTERRUPTION HOWEVER CAUSED. USE OF ANY
removed without further notice if payment is not received within thirty(30) INFORMATION OBTAINED THROUGH VCN'S NETWORK IS AT CLIENT'S
days of the invoice date.VCN reserves the right to charge a Reconnect/ OWN RISK. VCN SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR
Disconnect fee of$250.00.VCN may back-bill Client for any Services that THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS
have not been invoiced. SERVICES FROM INTERNET SOURCES.
VCN may not increase the monthly price during the agreement term.After 1a Routine maintenance and periodic system repairs, upgrades and
the agreement term it may be modified,alter or amend the prices upon reconfigurations, public emergency or necessity, force majeure, restrictions
thirty(30)days'written notice to Client.After Clients contract is up,they imposed by law, acts of God, labor disputes and other situations, including
may be subject to new pricing. mechanical or electronic breakdowns may result in temporary impairment or
5. This agreement is for an initial term reflected on the Service Order interruption of service. As a result, VCN does not guarantee continuous or
with the starting date of the term effective on the date of actual activation.After uninterrupted service and reserves the right from time to time to temporarily
the initial term this agreement shall automatically continue from month-to-month reduce or suspend service without notice.Client releases VCN and ifs directors,
unless terminated by either party("Notice of Cancellation")with at least thirty(30) officers,employees, and agents from any and all obligations, charges claims,
days prior notice. Upon cancellation by Client,VCN will bill Client for monthly liabilities,costs and fees incurred as the result of interruptions or omissions of
charges for thirty (30) days following the Notice of Cancellation. If Client service,including the impact resulting to Client.
terminates this agreement any time after implementation,but before expiration, 14. VCN reserves the right to monitor Client activity from time to time and
Client will pay a lump sum equal to the charges of the remainder of the to deny service to an individual or business that VCN views as an excessive
agreement. If Client is terminated by VCN for violation of the Acceptable Use bandwidth user. For purposes of this provision "excessive bandwidth user"
Policy,Client shall pay,immediately,a lump sum equal to the charges for the means a client who transfers at more than twenty percent of the contracted rate
remainder of the then current term of the agreement. on a daily average.
6. VCN, solely, shall hold all information necessary to utilize the 15 For Customers Ordering Visionary Enterprise Fiber Internet("VEFI"),
Connection provided by VCN. Upon termination of this agreement,VCN shall please refer to the VEFI SLA.
disable the Connection.
7. Client understands: Upon acceptance of this order by VCN,the company will use its best efforts to
provide dedicated connection service.Before installation begins VCN requires a
A dedicated Connection must be changed or altered with VCN,regardless deposit or prepayment.Client may cancel this order without penalty at any time
of type of Connection.All changes and terminations must be directed to until the work has begun to install the connection. If work has started on the
VCN,and Client understands that contact with another party does not alter connection,Client agrees to pay VCN actual costs incurred up to cancellation.
the Contract. Client agrees to pay reasonable attorney's fees associated with VCN's collection
Changes to the type of Connection, assignment of new settings, for invoiced amounts.Wyoming shall be the choice of law for this Agreement.
programming of routers,and any other alterations may incur a charge to I have read and understand the above Terms and Conditions,and I authorize
the Client. The Client should provide ample notice and opportunity for these services to be ordered.I also agree to the terms and length of my contract.
VCN to quote these changes and schedule the change.
DocuSigned by:
8. VCN is not responsible or liable for any of the following: �l(Plow' J(�,� r May 26,2022
Changes made to settings in VCN or Client router after the initial setup by Plow' t
VCN. \—pe6-1F@ZCEIWEBficAEB... Date
Changes to provider in VCN or Client router.
Third party changes to the Client's network that require a change in the Robert McKenner
Connection for the network to function.
Print Name
Installing hardware and/or software in a different computer, router, or
similar after initial installation.
Re-configuration of network settings due to,but not limited to:tampering, IT manager
re-installation of operating system, accidental removal, or moving of
hardware.
Title
Terms and Conditions 01/20/21