Frontier Business Unlimited Terms and Conditions

THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FRONTIER WILL PROVIDE ITS CUSTOMERS WITH FRONTIER BUSINESS UNLIMITED ("Service(s)") AND REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW. BY USING FRONTIER SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU SIGNED AN AGREEMENT WITH A PHYSICAL OR ELECTRONIC SIGNATURE, THAT AGREEMENT SUPERSEDES ANYTHING INCONSISTENT IN THESE TERMS AND CONDITIONS.

1. SERVICES AND RATES

   Customer agrees to purchase Frontier Business Unlimited for the term set forth below (the "Services"), under the terms and conditions of this Agreement. Customer understands that the provision of the Services is provided at tariffed rates and subject to tariffs filed with regulatory agencies. If there is a conflict between the terms and conditions of this Agreement and any tariff, the tariff shall control.

   Customer understands and agrees that it must continue to purchase the Services in certain minimum amounts and for a minimum term set forth below in order to receive the pricing set forth below (plus normal surcharges and taxes). The minimum term shall commence upon establishment of the Services. If Customer does not fulfill its term commitment, it will be liable for termination charges as described in Section 3. It is understood that a Frontier Business Unlimited bundle can only be provisioned to one physical address. If neither party provides the other with written notice of its intent to terminate the Services at least sixty (60) days prior to expiration of any minimum term commitment for any or all Services, or any renewal thereof, then the Service term shall be deemed automatically renewed for an additional one (1) year term with the same terms and conditions. Following automatic renewal of the Agreement, Customer may cancel service without incurring a termination charge, provided Customer gives Frontier at least thirty (30) days prior written notice.

   Long distance services, Internet services and other services provided by Frontier shall be provided pursuant to the terms and conditions of applicable tariffs, and/or other agreements between Frontier and Customer.

   1. Service Description
      The following are components of Frontier Business Unlimited (all Bundles will be offered with a two (2) year term):

      Main Line:

      • Business Line with:
        • Unlimited Local Measured Service ("LMS") (Voice traffic only)
        • Unlimited Long Distance (Domestic Outbound ONLY – Toll Free and International calls rated per minute) (Voice traffic only
        • 4 Features: Call waiting, Call Forwarding Plus, Caller ID with Name, Speed Dial 30
        • Deluxe Voice Mail
      • OPTIONAL: High Speed Internet ("HSI")

      Optional Additional Frontier Business Unlimited Phone Lines:

      • Customer may order up to 9 additional Frontier Business Unlimited access lines ("Additional Lines") at the rates set forth on Table on page 5 of this Agreement.*
      • Additional non-Frontier Business Unlimited basic business lines added to an account with Frontier Business Unlimited Service will require the selection of a standard Frontier Communications of America, Inc. ("FCA") long distance plan for domestic long distance calls and normal Local Measured Service ("LMS") for local calls.

      *The Rates specified do not include SLC and FEPS. Other taxes and charges may apply, including, but not limited to: applicable federal, state and local sales taxes; use, privilege, gross receipts charges; excise taxes; franchise fees; LNP charges; and USF charges or other taxes or governmental impositions arising out of this Agreement, exclusive, however, of taxes based on Frontier's net income. Customer acknowledges and agrees that in the event of any inconsistencies between this Agreement and the tariffs, the tariff shall control.

   2. Long Distance Plan Description
      • This is an unlimited domestic outbound calling plan.
      • The following usage types WILL BE included in the unlimited calling plan:
      • Domestic outbound interstate, intrastate and IntraLATA long distance usage
      • Certain Offshore outbound usage to U.S. Territories
      • The following usage types WILL NOT BE included in the unlimited Calling Plan:
      • Domestic inbound (toll free) interstate, intrastate and IntraLATA long distance usage
      • Canadian inbound (toll free) long distance usage
      • International usage
      • Directory Assistance
      • Calling card usage
      • Information service calls (900)
      • Dialup Internet calls
      • Telesales and telemarketing applications
      • An additional MRC will be applied to customers with the "optional" international selection. This MRC will be unbundled and separately invoiced under the Long Distance portion of the bill

   3. Other Terms and Conditions
      • Frontier Business Unlimited is available only for customers with a maximum of 10 Business lines
      • Calls determined to be data calls will be charged at $0.10 per minute
      • Customers with usage inconsistent with normal commercial voice applications and usage patterns may be converted to non-Frontier Business Unlimited service with charges for local and long distance calling
      • Customer must maintain at least one Frontier Business Unlimited line during the contract period.
      • Frontier High Speed Internet service is subject to availability, line qualifications and Frontier Acceptable Use Policy.

   4. Toll Free Service
      • Any customer of the Frontier Business Unlimited Bundle plan that requires toll free service will require the selection of a standard FCA toll free product.

2. FRONTIER BUSINESS UNLIMITED SATISFACTION GUARANTEE If within thirty (30) days of the Effective Date of Service set forth above Customer notifies Frontier in writing that it is not satisfied with the Services obtained hereunder, Customer may cancel the Services without incurring a penalty or termination charges. Any such cancellation shall not impact any other obligations or commitments to Frontier under any other agreements among the parties.

3. CANCELLATION AND CANCELLATION CHARGES After the 30-day satisfaction guarantee period described in Section 2, Customer must provide sixty (60) days' written notice to Frontier prior to cancellation or termination of any Service. In the event that Customer fails to provide such notice, in addition to any termination liability set forth below, Customer shall pay two (2) months' monthly recurring charges for the Services. If Customer terminates any of the Services (excluding any Additional Lines), Customer will pay the termination charges described below, immediately upon demand.
   1. Termination Prior to Installation. If Customer terminates an order for Services prior to delivery of the Services, Customer shall pay a termination charge equal to the total costs and expenses incurred by Frontier in connection with establishing and removing the Services, pursuant to tariffed rates.
   2. Termination After Installation. If Customer terminates any bundle in its entirety or cancels the local access lines or Frontier Business Unlimited long distance at the service address after establishment of the Services, but prior to the end of the minimum term, Customer shall pay a maximum termination charge of Two Hundred and Fifty Dollars ($250.00) for a one year commitment, Five Hundred Dollars ($500.00) for a two year commitment and Seven Hundred and Fifty Dollars ($750) for a three year commitment, which shall be prorated based on the remaining months in the minimum term commitment (partial months included). For example, if Customer terminates Service after 12 months, a two hundred and fifty ($250.00) termination charge will apply. Customer may add or drop lines without incurring a termination charge as long as Customer retains one Frontier Business Unlimited access line for the duration of the term commitment.
   3. Waiver of Termination Charge. The termination charges specified above will be waived when Customer completely or partially terminates the Services at the service address after establishment of the Services, but prior to the end of the minimum term, provided all of the following conditions are met:
      • Customer signs a new service agreement for a new service provided directly by Frontier that extends to or beyond the termination date of the original contract.
      • The total value of the monthly recurring charges for the new contracted services is equal to or greater than the remaining contract value under this Agreement.
      • Customer agrees to pay any previously incurred nonrecurring and recurring charges associated with the terminated Service. All applicable nonrecurring charges will be assessed for the new contracted service.

4. SPECIAL CHARGES
   If, at Customer's request, Frontier changes the location of any part of the Services prior to initiation of Service, Customer shall pay Frontier all additional costs resulting from such change.

5. GENERAL

   1. Customer will indemnify and defend Frontier its officers, agents, employees and representatives from and against any and all liabilities, obligations, losses, damages, expenses, costs (including attorneys' fees), injuries and claims of any kind arising out of the acts or failure to act of Customer, its employees or representatives.
   2. In no event will Frontier be liable for lost business or profits or for any incidental, special or consequential damages arising out of this agreement or the provision of Services, even if Frontier has been advised of the possibility of such damages. Frontier's liability to Customer for damages from any cause whatsoever, regardless of the form of action, whether in contract or tort, shall be limited to the annual charges paid by Subscriber for the Services giving rise to the claim, or as otherwise provided in Frontier's tariffs. Frontier shall not be liable for delay or failure to perform hereunder resulting from causes beyond its reasonable control including, but not limited to acts of Customer and third parties, acts of God, fire, flood, war, sabotage, accidents, labor disputes or shortages, government actions, inability to obtain materials, equipment, power or transportation, or other similar or different contingencies. Frontier shall have no liability for, and Customer shall indemnify, defend and hold Frontier harmless from and against all claim, loss, damage, cost or expense (including reasonable attorneys' fees) arising out of any actual or alleged violation of and trademark, copyright or other intellectual property right arising out of the transmission of music supplied by Customer or any messages transmitted by Customer.
   3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that Customer shall not assign this Agreement or its rights hereunder or delegate any of its duties, without the prior written consent of Frontier.
   4. Frontier, may, under the following conditions, forthwith terminate any Service, and sever the connection to Frontier's network and remove its equipment from Customer's premises:
      1. In the event of prohibited, unlawful or improper use of the facilities or Service or abuse of the facilities, or
      2. If, in the sole judgment of Frontier, any use of the facilities or Service by Customer would have a material negative impact on the business of Frontier or the efficiency of Frontier's personnel, plant, property or Service.
   5. If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. Except where this Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION
   

   Frontier encourages You to contact our Customer Service department if You have concerns or complaints about your service or Frontier. Generally, customer complaints can be satisfactorily resolved in this way. If You are not able to resolve your concerns through our Customer Service department, You agree to resolve all disputes through binding arbitration or a small claims court rather than lawsuits, jury trials, or class actions. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys fees if the law allows.

   You and Frontier agree to arbitrate all disputes and claims between us including, but not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement. Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against You except in response to claims You have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, You and Frontier agree to each unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action.

   Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court's authority. In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. The Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated. In person arbitrations will take place at a location that the AAA selects in the state of your primary residence unless You and Frontier agree otherwise. In addition, the arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. Procedure, rule and fee information is available from the AAA online at adr.org, by calling the AAA at 1-800-778-7879, or by calling Frontier at 1-877-462-7320, option 3. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. If your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

   Frontier agrees to pay your AAA filing, administration, and arbitrator fees for claims for damages of up to $10,000 and for claims for non-monetary relief up to the value of $10,000, as measured from either your or Frontier's perspective. In addition, Frontier will not pay your share of the AAA fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

   If Frontier offers to settle your dispute prior to appointment of the arbitrator and You do not accept the offer, and the arbitrator awards You an amount of money that is more than Frontier's offer but less than $5000, then Frontier agrees to pay You double the arbitrator's award up to, but not more than, $5000. If Frontier does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards You an amount of money, then Frontier agrees to pay You double the arbitrator's award up to, but not more than, $5000. Although Frontier may have a right to an award of attorneys' fees and expenses if it prevails, Frontier agrees that it will not seek such an award.

   You and Frontier agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either You or Frontier have suffered or may suffer. In particular, if either You or Frontier seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than You or Frontier. You and Frontier agree that we each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member is nonseverable. If this requirement is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Further, an arbitrator's award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

   Notwithstanding any provision in this Terms and Conditions to the contrary, we agree that if Frontier makes any change to this arbitration provision, You may reject that change and require Frontier to adhere to the language in this provision. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.

Last update: December 22, 2011