This document contains certain terms and conditions related to the provision of cable service. This document is incorporated as a part of the service agreement (“Agreement”) that exists between SureWest and each Customer.

This document also has attached to it a separate written Customer Privacy Notice.

This document and the Customer Privacy Notice use the term “cable service” to refer to all video programming services that are treated as ”cable services” under applicable law. In general, the term includes all of the ‘analog cable television’, ‘digital television’, and ‘advanced digital television’ packages offered by SureWest.

A Customer that subscribes to SureWest cable service is bound by the terms and conditions contained in this document as well as the terms of other documents that constitute the service Agreement. Each Customer should review this document to understand these terms and conditions.

1.   DEFINITIONS.

As used in this document:

“Cable Act” means the Cable Communications Policy Act of 1984, as amended.

“Customer” means the individual in whose name the cable service account is maintained.  This is usually the person identified on the work order initiating the installation of SureWest Services, and/or the individual named on any written agreement for service.  The Customer is responsible for all charges on the account.

“Equipment” means one or more of the following: digital set top converter, remote-control unit, demarcation device or unit, security devices, addressable control module, A/B switch, coaxial and/or fiber optic cable which is not Inside Wiring, any parent lock-out device, or any other device installed or activated in or around the home, or provided by SureWest, necessary or convenient for a Customer to receive services from SureWest. Inside Wiring is not considered equipment here and is addressed separately.

“Home” means the structure in which the Customer lives, including a single-family home, apartment, other residence, or any other type of dwelling unit.

“Inside Wiring” means the coaxial cable and/or other wiring and/or fiber optic cable that is installed or activated by SureWest for the provision of cable service, and that runs inside the home and to a point 12 inches outside of the home. It includes any extra outlets, splitters, connections, fittings or wall plates attached to it. Inside Wiring includes all the fiber optic/coaxial cable/CAT 5 and other wiring material that runs to a single or multiple points connecting communication devices in the home. It includes extra outlets, splitters, connections and fittings or wall plates attached to the wire, but does not include devices such as digital set top box converters, demarcation devices or units, gateway devices or units, A/B switches, parental lock-out devices, security devices and the like, even if inside or within 12 inches of the home, and does not include any wiring that is jointly used with another provider of services.

“Service(s)” or “Cable Service(s)” means the video programming and/or related cable television service(s) that SureWest provides to the Customer, and that may be governed by the Cable Act and any applicable local or state franchises . Any telephone and/or Internet services the Customer may receive from SureWest are covered by other disclosures that are provided separately.

“SureWest” means: (i) in California, SureWest TeleVideo, a California corporation, which also operates under the name SureWest Broadband, and (ii) in Kansas and Missouri, SureWest Kansas Operations, LLC. The term may also mean another affiliate of SureWest TeleVideo or SureWest Kansas Operations, LLC, when such other SureWest entity provides any cable service(s) to the Customer.

“Welcome Kit” means materials provided to Customers at time of installation and upon request, describing the services, instructions in using the services and equipment, pricing and packaging, notifications, terms and conditions of services, and other information.

2.   SUREWEST CHANGES IN CABLE SERVICES AND CHARGES.

. SureWest may modify the rates, terms and conditions of service from time to time and will notify the Customer if that occurs. SureWest will send the Customer a written notice in advance of the change, informing the Customer of the nature of the change and its effective date. A change may be identified through a message on the bill or in a bill insert, or separately in another manner permitted by law. Notice of changes in rates, programming services or channel positions within SureWest control will be given at least thirty days in advance. (Notice of changes in rates that are the result of modifications in regulatory fees, taxes, assessments, or charges of any kind imposed by any Federal, state or local authority is not required by law.)

If a modification of the service agreement that required notice to the Customer is unacceptable, the Customer has the right to cancel cable service prospectively, paying SureWest for all cable service through the time of termination, and returning all SureWest equipment. If the Customer continues to take cable service after the effective date of any change, that will be deemed to be acceptance of the change, and the Agreement, as changed, will continue in effect.

To the extent required by law and the applicable cable television franchise, after notice to the Customer of a change of cable services, a service re-tiering, or a price increase, the tiers established in a specific cable service package may change. Instead of a rate increase, the Customer may be provided a modified bundle of cable channels without an increase in rates. Changes requested by the Customer to the cable services he or she receives also may result in an increase or change of service charge. Over time, some cable service packages and some service bundles that include cable service may no longer be available. Individual channels may be added or deleted by SureWest in its business judgment.

The Customer may obtain information about the current fees and prices for any SureWest cable services and bundles that include cable service by calling the local Customer Care office. In California, this office can be reached at 1-866-SUREWEST. In Kansas and Missouri, this office can be reached at 913-825-3000. The office phone number may also be found in the Welcome Kit, on the www.surewest.com website or on your monthly bill statement. A list of charges is also provided to Customers annually in a separate mailing or bill statement.

3.   ASSIGNMENT OF ACCOUNT

A Customer may not assign his or her account or transfer the service to anyone without prior written approval of SureWest.  The Customer remains responsible for all payments due until the service covered by the Agreement is fully paid for, is properly terminated, or SureWest approves the prospective assignment and transfer of the service in writing.  Payment obligations that accrued prior to the termination or permitted assignment of cable service must be met by the Customer.   

4.   TERMINATION OF CABLE SERVICE

The following terms apply to service termination:

Voluntary Termination
Unless the Customer has otherwise agreed to a service “term” (for example, where the Customer have committed to purchase cable service for a 12 or 24 month period in exchange for a lower monthly price), the Customer has the right to cancel cable service for any reason at any time by giving SureWest notice, paying for service through the time of termination, and returning all SureWest equipment in good condition. SureWest will refund any balance due within approximately 20 business days following the later of (i) the Customer’s notice to SureWest to discontinue service, or (ii) the return of any SureWest equipment the Customer may have, but not later than thirty 30 days thereafter.

Involuntary Termination / Effect on Other SureWest Services.
Subject to applicable federal, state, or local law, and any notice requirements set out in the applicable franchise agreement, if a Customer fails to pay a bill when it is due or fails to comply with any term contained in this Agreement, SureWest has the right to terminate cable services and/or terminate the service Agreement. Termination of service or the service Agreement will not relieve the Customer of any payment obligations. A reconnection fee may be required to reinitiate service.

Other Termination or Suspension.
In certain circumstances, SureWest can suspend or terminate cable service without cancelling the Agreement, for example, to investigate or stop fraud or abuse, to prevent use for an unlawful purpose, or to protect SureWest’s interests where the Customer is not responsive.

Other Issues.
The Customer will be liable for an early termination charge if there is a term commitment and the Customer terminates early.

5.   CABLE SERVICE-RELATED EQUIPMENT

SureWest will install and maintain lines, equipment, Inside Wiring and other material on the Customer’s property as may be necessary to deliver the services to the home. All equipment, Inside Wiring, and materials installed by SureWest will be and remain the property of SureWest, free from any claim of Customer or any third party who succeeds to possession or ownership of the Customer’s home, but subject to any legal requirements or conditions.

The installation and maintenance of equipment, Inside Wiring and other materials will be performed by SureWest,. The Customer agrees not to attach unauthorized devices to SureWest equipment or Inside Wiring. If the Customer makes any unauthorized connections or modifications to SureWest equipment, Inside Wiring, or any other part of the SureWest network, the Customer will be in breach of this Agreement and SureWest will have the right to terminate cable service. SureWest recommends that you unplug equipment during any storm with lightning potential.

Digital set top box converters may be necessary to receive some SureWest cable services and are described in the Welcome Kit. SureWest may charge the Customer a fee for the digital set top box converters. Additionally, SureWest has remote controls specifically designed for the digital set top box converters that SureWest supplies and may offer universal remote controls that can control multiple devices for a fee. If a Customer desires to purchase a remote control from a retail store, he or she should contact SureWest for more information.

SureWest is not responsible for problems relating to the operation of consumer electronic equipment such as televisions, DVD players, home antennas, digital video recorders and other items that may be connected to the Inside Wiring in the Customer’s home. A Customer should not attempt to open, change or repair any SureWest equipment. SureWest is responsible for fixing its equipment that may have defects. Problems caused by tampering, neglect or abuse will be remedied at the Customer’s expense.

Inside Wiring is treated under the law in a way that is different from equipment. SureWest retains ownership of all Inside Wiring it installs, but any Inside Wiring that a Customer installs is owned by the Customer. At the time the Customer terminates SureWest service, SureWest may elect to relinquish ownership of its Inside Wiring, but not any equipment or other SureWest material on the Customer’s property. The equipment installed by SureWest always belongs to SureWest, unless SureWest elects to sell it to the Customer and it is fully paid for. SureWest may supply new or reconditioned equipment to the Customer at SureWest’s option.

The Customer is responsible for returning all equipment provided by SureWest to it when the Customer stops receiving service, regardless of whether service is terminated by the Customer or by SureWest. The Customer is responsible for repair, replacement and other costs, damages, fees and charges if equipment is not returned to SureWest or is returned in a damaged condition. If a Customer moves, it is important that SureWest equipment be returned, and not left at the location where service was terminated. The equipment must be returned to SureWest or a SureWest agent or representative, in good working order, normal wear and tear excepted, or else the Customer will be charged for a replacement, for all repair charges for damaged equipment, and for any other charges to make SureWest whole related to each piece of equipment not returned as required.

Any damage to SureWest equipment, other than normal wear and tear, will be the Customer’s responsibility, and the Customer will be required to pay SureWest for the repair or replacement of such equipment. The Customer will be responsible for paying all costs incurred by SureWest, including but not limited to attorneys’ fees and costs, investigator fees, witness fees and court costs.

The Customer is responsible for preventing the loss of, or damage to, equipment within the Customer’s home. A Customer should consider covering equipment under a homeowner's, renter's, or other insurance policy.

All installations, repairs and custom work will be subject to a charge as identified in the SureWest Price/Rate and Programming Disclosure.

SureWest is not responsible for problems with the operation of, nor does it provide maintenance service for the Customer’s television, television-related equipment, telephone, telephone-related equipment, personal computer or other data-related equipment, even if it is attached to SureWest’s equipment.

None of the equipment supplied by SureWest is intended to become a fixture or a part of the Customer’s real property in any way, unless it is purchased by the Customer. The equipment supplied by SureWest may be removed by SureWest at any time during or following termination of the Customer’s service, whether due to nonpayment for service or otherwise, and each Customer is required to allow SureWest access to the home for such purposes.

SureWest’s digital set top box converters have parental control capability, which allows either rated programming or selected channels to be blocked from viewing. Customers should call the Customer Care Center at 1-866-SUREWEST in California, or at 913-825-3000 in Kansas or Missouri for more information.

Digital set top box converters may be obtained by calling the Customer Care Center.

Should you experience equipment problems, replacement equipment may be obtained by calling the Customer Care Center to schedule an appointment, or returning and exchanging the equipment in person at the offices identified in the Welcome Kit.

If a Customer is moving out of the service area or needs to disconnect, he or she should visit a Customer Care Center or contact a Customer Care Representatives (“CCR”) to place a disconnect order and to make arrangements for the return of any equipment supplied by SureWest. Charges may continue until all equipment has been returned to or picked up by SureWest.

6.   INSIDE HOME WIRING AND THE AVAILABLE “HOME GUARD” HOME WIRING PROTECTION PLAN

Inside Wiring can be installed by SureWest or by a Customer. It is the policy of SureWest to maintain ownership of all Inside Wiring (and all other wiring) it installs to the maximum extent that its ownership is allowed to be maintained by applicable law and regulation. Inside Wiring includes the section of wiring that is 12 inches outside the dwelling unit where the cable enters the home. Although SureWest retains ownership on the Inside Wiring that SureWest installs, the Customer is responsible for any negligence and damage to the SureWest Inside Wiring unless the Customer subscribes to the SureWest “Home Guard” Inside Wiring maintenance plan. That plan is described separately below.

The Customer is not prohibited by law or by the service agreement from installing his or her own wiring. However, the Customer is responsible for that wiring. The Customer may not cut, terminate, alter or harm SureWest Inside Wiring. SureWest may require compliance with technical specifications. The Customer may not connect any wiring, device or equipment to any Inside Wiring in a way that impairs the integrity of SureWest’s network, such as by creating signal leakage, allowing theft of cable service, or violating government law or regulation. Signal leakage can interfere with radio devices that use the same frequencies near the source of the leakage, including devices used by air traffic control, police and fire safety services. There have been documented cases of interference to aeronautical communications between airplanes and air traffic control caused by signal leakage. SureWest can disconnect service to prevent or repair signal leakage if it determines a signal leak is coming from the Customer’s home or a Customer makes connections that result in signal leakage in excess of FCC standards.

The Customer may not make any attachments to the Inside Wiring that result in a degradation of signal quality to any person.

If the Customer is in good standing and terminates cable service, SureWest will generally not elect to remove Inside Wiring, unless there are unusual circumstances that would cause SureWest to do so.

In some areas, a Customer may contract for SureWest’s Home Wiring Protection Plan (“Home Guard”). Home Guard offers Customers protection with respect to Inside Wiring. Home Guard is available for a monthly fee to residential Customers. (If a Customer lives within the service area of SureWest Telephone, he or she may be required to purchase the inside wire maintenance plan from SureWest Telephone as a precondition to subscribing to Home Guard.)

Home Guard relieves the Customer from all maintenance charges. Without Home Guard, if a Customer damaged the Inside Wiring by cutting it during a home improvement project, or an animal chewed the wiring on the side of the home, or another similar accident occurred, SureWest would charge the Customer for the necessary repairs. For Customers who subscribe to Home Guard, SureWest will determine the source of service trouble and repair or replace defective, damaged or improperly operating Inside Wiring, all at no additional charge to the Customer.

Home Guard does not cover the following:

a) Damage caused by fire or acts of God such as hurricanes, tornados, or flooding; or

b) Repair of any Customer-owned equipment or facilities, such as televisions, monitors, DVD players, sound systems and personal computers; or

c) Installation of new jacks or connectors at new locations on a Customer’s premises; or

d) Extensions located in detached structures and outbuildings; or

e) Willful damage or destruction, harm resulting from abuse, or harm or damage that is a direct or indirect result of negligence.

SureWest’s liability to the Customer for damages arising under or in connection with any failure to perform under the Home Guard program, regardless of the form of action, shall not exceed the lesser of (i) actual proven damages or (ii) the cost of two (2) years of Home Guard maintenance. SureWest does not support commercial activities with this plan, and SureWest shall not be held liable for losses of failures due to the inability to make commercial use of the service, for any reason. SureWest shall not be liable to a Customer in any way for any loss or damage due to any cause beyond its reasonable control, and in no event will SureWest be responsible for any indirect or consequential damages, including damages claimed to result from loss of business, revenue, profits or business opportunity.

7.   ACCESS TO CUSTOMER’S HOMES

The Customer authorizes SureWest or its designee to make connections and perform other tasks which are necessary or desirable to enable SureWest to provide services, including connecting and making necessary attachments to any Inside Wiring. The Customer authorizes SureWest or its designees to enter into his or her home in the Customer’s presence or the presence of his or her representative, or upon the property outside the Customer’s home, at any time during normal business hours or by appointment, to install, inspect, maintain, replace, remove or otherwise deal with the services and equipment supplied by us. The Customer should ask for proper identification. The Customer also grants SureWest permission to run its cable and to drill holes as necessary in or into the Customer’s home - in standard installation locations or other locations agreed to jointly - to connect SureWest services and equipment, and to place SureWest Inside Wiring.

The Customer is responsible to procure all consents required for any installation. The Customer guarantees the consent of any other person, firm or institution whose consent may be required, to the entry upon the Customer’s property by SureWest for the purposes of installation, maintenance and removal of equipment and Inside Wiring, and to the continuous use by SureWest, without hindrance, of any existing or future public utility easement on or through Customer’s property or the property where the Customer’s home is located. This authorization includes the right for SureWest or a SureWest designee to be on any property outside the Customer’s home at reasonable times, even if the Customer is not at home. If the Customer is not the home or property owner, he or she agrees to supply SureWest or the SureWest designee, upon request, with the owner’s name and address, proof of consent to access the home and/or property, and to use any public utility easement.

8.   PRIVATE VIEWING OF UNAUTHORIZED CABLE SERVICE OR OTHER VIDEO CONTENT

SureWest provides cable service to a Customer solely for his or her private home viewing, use and enjoyment, and that of other members of the household. The Customer agrees that the programming provided over the network will not be viewed in areas open to the public. The programming may not be rebroadcast, retransmitted or performed, nor may admission be charged for its viewing without first obtaining written consent, in advance, from SureWest and also from the SureWest programming supplier(s), who hold rights to their programming. This consent may be withheld in SureWest’s sole discretion or in the sole discretion of the SureWest programming supplier(s).

SureWest may not have the right to distribute pay-per-view or other programming to commercial establishments. If that is the case, the Customer may not exhibit nor assist in the exhibition of such programming in a commercial establishment, unless explicitly authorized to do so, in advance, by SureWest and its program provider. The Customer may not move a digital set top converter to another location or use it at any time at an address other than the home or location where service was installed or activated by SureWest, without prior written authorization from SureWest. A Customer that violates this requirement will be responsible for all resulting claims.

The technology of pay-per-view and other programming transmission is rapidly evolving. Occasionally, suggestions are made to parties involved in the video business, including SureWest programming or equipment suppliers, that certain activities are or may be infringing on valid patents. SureWest reserves the right to take such action as it determines is necessary or appropriate, in its sole discretion, to address any such claims raised to it or to others.

9.   LIMITED WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

For a period of 30 days from an installation or repair, SureWest warrants that the service, Inside Wiring and equipment performed, installed or repaired will meet any applicable FCC and industry standards, will operate or perform under normal conditions, and will be free from material defects in materials or workmanship. If a Customer reports any defect or failure within this period, SureWest will re-perform the non-conforming work, repair or replace the non-conforming Inside Wiring and/or equipment, and restore performance to any required standards. Re-performance of work and repair or replacement of Inside Wiring and/or equipment is the sole remedy available under this limited warranty or otherwise, regardless of the event or the nature of the claim, except to the extent this limitation is itself limited by applicable law. SureWest makes no warranty or representation regarding any results that may be obtained for the use of SureWest services, regarding the accuracy or reliability of any information obtained through SureWest services, regarding goods or services purchased or obtained through SureWest services, regarding any transactions entered into through SureWest or its services, or that SureWest services will meet any user’s requirements, be uninterrupted, timely, secure or error-free. The Customer assumes responsibility and risk for all use of the service by any person. This warranty gives the Customer specific legal rights. The Customer also may have other legal rights. Some states do not allow the exclusion or limitation of incidental or consequential damages or do not allow limitation on implied warranties or their duration. If the Customer receives service in one of these states, some of the above exclusions will not apply to you.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, SUREWEST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SureWest will not be liable for any delay or failure to perform its obligations, including interruption in service, if such delay or non-performance arises in connection with any acts of God, fires, earthquakes, floods, strikes or other labor disputes, unusually severe weather; acts of any governmental body, or any other cause beyond SureWest’s reasonable control. The Customer understands that in providing services, SureWest is making use of poles and conduit/ducts owned by one or more governmental subdivisions or utility companies, or in which such entities have an ownership or other interest, and that continued use of this infrastructure is in no way guaranteed. In the event the continued use is limited or denied to SureWest for any reason, SureWest will make every reasonable effort to provide service over alternate routes.

SUREWEST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SUREWEST HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE SUREWEST SERVICES, EQUIPMENT OR INSIDE WIRING.

The Customer agrees to indemnify, defend and hold harmless SureWest, its affiliates, officers, directors, employees, consultants, representatives and agents from any and all third-party claims, liability, loss, damages and/or costs (including, but not limited to, attorney’s fees and costs) arising from all use of SureWest services, any violation of the terms of service or infringement of any intellectual property or of other rights of any person or entity. The terms of service will inure to the benefit of SureWest, its successors, assigns, and licensees.

10.   LEASED ACCESS

SureWest complies with FCC regulations on leased access.  Leased access permits members of the public to use SureWest facilities for the dissemination of certain programs or programming on leased access channels on terms established from time to time by SureWest.  SureWest is not responsible for the nature or content of leased access programming.  Programs that contain significant amounts of hard core or adult content or content that SureWest believes would be unreasonably violent will be encrypted or scrambled to the extent permitted by law.  Customers interested in viewing such programming may call and request that the signal to their residence be unscrambled or de-encrypted for this programming.  If you have questions, contact a CCR.

11.   NOTICE

Except as provided in this Agreement or otherwise required by law, if SureWest sends you a notice, it will be considered given when deposited in the U.S. mail, addressed to you at the Customer’s last known address, or hand delivered to you or to the Customer’s home.  SureWest may provide electronic or telephone notice to you, which shall be considered delivered when sent to the Customer’s number or email address.  SureWest may also provide some notices through the SureWest website.  The law also allows SureWest in some cases to provide notice using any other reasonable written means at its sole discretion.  If you give notice to us, it will be deemed given when actually received at the SureWest corporate address.

12.   ANNUAL NOTICE

SureWest will provide to Customers written information on each of the following areas at the time of installation of service, at least annually, and at any time on Customer request:

• Products and services offered
• Prices and options for programming services and conditions of subscription to programming and other services
• Installation and service maintenance policies
• Instructions on how to use the cable service
• Channel positions of programming carried on the cable service and
• Billing and complaint procedures, including the address and telephone number of the governing franchise authority’s cable office.

13.   BILLING POLICIES

SureWest bills on a month-to-month basis.  Charges for services start upon installation.  SureWest will bill you each month in advance for services and applicable taxes and fees (except for items like installation, other one-time work, and pay-per-view movies or events, which will be billed in arrears.)  SureWest seeks to make bills clear, concise and understandable. The bills you receive will show the total amount due and the payment due date.  The Customer agrees to pay SureWest monthly, in full, by the payment due date.

SureWest will advise you of the amount of the rates for services and other charges at or before you contract for SureWest services, prior to the time SureWest implements or assesses new or changed fees, and in SureWest’s annual mailings to you thereafter.  The Customer may avoid any late fees and charges by making sure that payment is received by SureWest on or before the due date on the bill.  If payment is not received by the due date on the bill, you agree to pay the applicable late fees and/or charges as a condition of receiving SureWest service. 

SureWest does not anticipate that you will make partial or late payments.  SureWest does not extend credit to Customers.  SureWest’s late fees and charges do not constitute interest, a credit service charge or a finance charge.  

The Customer’s monthly statement may also contain contact telephone numbers and addresses and special messages, such as those regarding service or rate changes.  Customers are requested to take the time to read the monthly messages and to review each bill.  The Customer generally will be billed at the same time each month.

The Customer agrees to pay all taxes, franchise or other fees, subsidy or support fees, and other charges, if any, which are now or may in the future be assessed on the services you receive from us.  SureWest may specifically identify each of these taxes and fees on the Customer’s bill so that the Customer will know what is being paid for cable service, and any separate amounts charged to cover other items, such as taxes and fees.  If a Customer has questions about a bill, contact procedures are set out below.

Subject to applicable law, cable services may be discontinued if a bill is not paid by the due date.  SureWest may require a Customer to pay all past-due charges, a reconnection fee, and a minimum of one (1) month’s advance charges before SureWest reconnects cable service.  Further, if  a Customer does not reconnect, any rental or other SureWest equipment must be returned in good condition.  A handling fee may be charged for returned checks.

In cases where disconnection of regulated service for other nonpayment(s) is limited or prohibited, or where a procedure for disconnection of service is established by law and/or regulation, SureWest will follow such law and/or regulation. Any partial payment of a bill for more than one service may be allocated by SureWest among and between such services at SureWest’s discretion, except where SureWest is required to apply payment first to certain regulated service(s).

If SureWest uses a collection agency or attorney to collect money that you owe SureWest or to assert any other right that SureWest may have against you, or to defend a claim you make that is shown to be without merit, then, subject to applicable law, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees, court costs and other costs.

Payments received from the Customer are considered to be voluntarily paid.  SureWest will not be bound by any statement on a check or other means of Customer payment that states the payment is “payment in full” or “full settlement” or otherwise if the amount is not the full amount due as reflected in SureWest’s records.

SureWest encourages you to call the local Customer Care Center office covering the area where your Service is provided, at 1-866-SUREWEST in California, or at 913-825-3000 in Missouri or Kansas, any time you have a question or concern about service, hookup questions or problems, or any other aspect of service(s).

14. CUSTOMER SERVICE POLICIES/COMPLAINT PROCEDURES

Care Walk-In Service Center offices are located at McClellan, Roseville and Elk Grove, California, and are open for walk-in visits every weekday, excluding holidays.  In addition, SureWest’s Roseville, California office is open for walk-in visits on Saturday.  Please check the SureWest.com website for current days and hours of operation or changes in SureWest’s Customer Care Walk-In Service Center office locations.   The walk-in hours for the Kansas Customer Service Center are stated on the Company’s website.

SureWest maintains a California local, toll-free telephone access line, which is available 24 hours a day, seven days a week, every day of the year, at 1-866-SUREWEST.   Customers in Kansas or Missouri can call the Customer Care Office number set out above.  During normal business hours, a CCR is available to deal with customer inquiries.  SureWest seeks to exceed industry response guidelines and to satisfy Customers.

SureWest’s telephone number, address and hours of operation are printed in the Welcome Kit and on the SureWest.com website.   SureWest’s Customer Care and Technical Support telephone numbers are also printed on the monthly statement.

When you call about a service problem during normal business hours, the CCR will determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR will schedule an appointment for a Service Technician to visit the Customer’s home.  Unless a problem is beyond SureWest’s control, SureWest will address any service interruption issues promptly within its standard response interval.

Emergencies such as trouble with utility poles, violent storms or very cold weather may interfere with reception of cable services. SureWest is committed to correcting outages or other service-related problems occurring as a result of an emergency situation as soon as reasonably possible.

If a Customer calls with a complaint or inquiry about a billing matter, the process will work better if the Customer is prepared to explain the basis for the call.  If SureWest receives a written complaint about billing matters, SureWest will respond promptly, within 30 days.  Any refunds or credits that are warranted will be made available in the manner set by Federal guidelines.

SureWest’s CCRs and Service Technicians are well trained and have authority to attempt to resolve a Customer problem, including replacement of any non-operating equipment, in order to provide quality service.

If  a Customer is unable to get a problem solved to his or her satisfaction at the local level, they may write the SureWest Corporate Offices in California with concerns and complaints.

SureWest
8150 Industrial Ave
Roseville, CA  95678
Attn: Executive Offices - Customer Service

In addition, if a Customer is dissatisfied with the handling of a  complaint, he or she may contact the appropriate local government agency. The address of the local government agency is located in the Welcome Kit and is also listed on the monthly billing invoice.

SureWest will maintain complaint records for at least a 1 year period or the time required by law, if longer.  In addition, those records will be available for inspection by the local or state government authority and by the FCC.

15. OTHER ISSUES.     

SureWest’s failure to enforce any of the provisions of the service Agreement or to exercise any contractual right or option is not a waiver of any such provision, right, or option.  Any waiver by SureWest must be written and signed on behalf of SureWest by an authorized executive.  No waiver of any Customer breach will constitute a waiver of any future Customer breach of the service Agreement.  The invalidity or unenforceability of any part of the service Agreement will not affect the other parts, and the remaining terms and conditions will continue to apply as necessary to reflect the original intention of the parties.  

The Customer may not resell SureWest’s cable service.   Such action violates the Service agreement and conditions established by various providers of content to SureWest.   It may also constitute theft of service under applicable law.

The service Agreement will be governed by the law of the state where your cable service is provided, except where preempted by Federal law.