2005 054 Ordinance - Laserfiche WebLink

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43.3.Basic Services Fee Invoice. Upon completion of the initial connection between a Subscriber site and the OneCleveland Network, OneCleveland shall invoice Subscriber for the OneCleveland Basic Services Fee. The OneCleveland Basic Services Fee shall be prorated for the portion of the Fiscal Year that Subscriber is using OneCleveland Basic Services (see Addendum B). After the initial Fiscal Year in which the Agreement was executed, OneCleveland shall invoice Subscriber for all annual recurring fees in January of each year. 4.4. Payments. 4.4.1.Pavments Schedules. Payments are due and payable within thirty (30) days after receipt of an invoice, or in accordance with the payment terms set out in the applicable Addendum. 4.5. Past Due Payments. 4.5.1.Invoices that are not timely paid are past due. OneCleveland may charge Subscriber interest on past due charges at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by applicable law. 4.5.2.The failure by Subscriber to make payment of any amounts due OneCleveland entitles OneCleveland to suspend or ternunate services for that Subscriber, but only after providing Subscriber a 30 day cure period as set forth in Section 8.2.1. 5. UNAUTHORIZED ACCESS TO FACILITIES OR USE OF CONNECTIONS. 5.1. OneCleveland is not responsible for unauthorized access to Subscriber's transmission facilities or Subscriber's premise equipment by any individual or entity, or for unauthorized access to, or alteration, theft, or destruction of Subscriber's data files, programs or other information through accident, wrongful means or any other cause unless such access and resultant alteration, theft, or destruction is caused solely from the negligence or willful misconduct of OneCleveland, its employees, or its agents. 5.2. Neither party is entitled to use the connections owned or controlled by the other party to transport any data without the prior consent of the owning party. 6. SERVICE DISRLTPTION OR SUSPENSION 6.1. Network Disruption. If the interconnection of Subscriber equipment results in any observable service disruption (including, without limitation, a measurable reduction of service levels, equipment or network malfunctions or failures, or excessive event alarms) and the disruption is caused by or arises from the Subscriber equipment or acts or omissions of Subscriber, then the following apply: 6.1.1.If the disruption is not a Service Threatening Disruption; then OneCleveland will notify Subscriber promptly of such disruption and Subscriber will have seventy two (72) hours (or such longer period as may be mutually agreed to by OneCleveland and Subscriber) to eliminate the source of the disruption. If Subscriber is unable to eliininate the source of disruption within the required time period, then OneCleveland may apply any operating procedures then in effect by OneCleveland to eliminate disruptions of similar nature and Subscriber will (a) cooperate with such efforts, and (b) be responsible for all reasonable out-of-pocket expenses, as communicated to subscriber in a timely manner by SSA20051021 Page 4 of 14