Cox Business Complete Care Terms of Service
Updated: November 14, 2017
These Cox Business Complete Care Terms of Service (“CBCC Terms”) shall govern the Cox Business Complete Care Service (“CBCC Service”) as described herein. In these CBCC Terms, "you" and "your" mean the "Customer" of the CBCC Services, and "Cox," "we," "our," and "us" means Cox or any contractor authorized by Cox to provide you with CBCC Services. The CBCC Terms govern your use of the CBCC Service. The CBCC Service is an additional Service subject to all terms and conditions of the parties’ existing Agreement, as defined herein. The CBCC Terms supplement the terms and conditions set forth in the (i) Commercial Services Agreement entered into by and between Cox and Customer (the “CSA”); (ii) Master Retail Services Agreement entered into by and between Cox and Customer (the “MSA”), or (iii) any other written agreement entered into by and between Cox and Customer in which these CBCC Terms are incorporated, whichever is applicable. References in these CBCC Terms to “Agreement” shall mean (i) the CSA, MSA, or other written agreement in which these CBCC Terms are incorporated between Cox and Customer, whichever is applicable, (ii) these CBCC Terms, (iii) the General Terms posted at coxbusiness.com/generalterms, (iv) the Service Terms (if the CSA is applicable), (iv) the Cox tariffs, as applicable, (v) the Cox Business Acceptable Use Policy (“AUP”) located at coxbusiness.com/acceptableusepolicy, (vi) the Service Guides (“SG”), as applicable, and (vii) all other policies or documents expressly referenced or linked therein. BY ENROLLING IN, USING, OR APPLYING FOR CBCC SERVICES, YOU AGREE TO AND SHALL BE BOUND BY (I) THE CBCC TERMS AND (II) THE TERMS AND CONDITIONS OF THE AGREEMENT AND ANY ATTACHMENTS THERETO INCLUDING, WITOUT LIMITATION, THE GENERAL TERMS. Capitalized words and terms used herein which are not defined in the CBCC Terms shall have the meaning set forth in the Agreement.
The CBCC Service does not include the provision of any other Cox service, such as cable television service, High Speed Internet service, and/or Digital Voice service, all of which are governed by the terms and conditions of the Agreement. The CBCC Service does not include wiring, computer hardware or related equipment service or repair.
CUSTOMER ACCEPTS THAT ANY AND ALL DISPUTES ARISING OUT OF, RELATING TO OR CONCERNING THIS AGREEMENT AND/OR THE SERVICES SHALL BE RESOLVED THROUGH MANDATORY AND BINDING ARBITRATION UNLESS CUSTOMER OPTS OUT PURSUANT TO THE DISPUTE RESOLUTION PROVISION IN THE GENERAL TERMS.
From time to time, Cox may make revisions to the CBCC Terms and/or any policies relating to the CBCC Service. We may provide notice of such revisions either by posting revisions at https://www.cox.com/aboutus/policies/customer-service-agreement.html, by sending an email to the email address you provide to us, including such notice in your monthly bill, and/or any other method of notice authorized in the General Terms. You agree that it is your responsibility to visit the Cox website periodically to review any such revisions. Changes to the CBCC Terms shall be effective on the date of our notice to you. By continuing to use the CBCC Service after revisions are effective, you accept and agree to abide by them.
Scope of Services
For so long as you subscribe to the CBCC Service, when you notify us of a Cox Service problem, Cox will identify whether the problem may be resolved by providing technology assistance via remote access.
In the event Cox determines that the problem may be resolved by providing technology assistance, we will use commercially reasonable efforts to answer your technology questions and resolve your technology problems via remote access to your computer, and/or via telephone, online chat or other means of communication offered by us.
The CBCC Service is sold on a monthly recurring subscription basis. Alternatively, Cox may offer the CBCC Service on a one-time incident basis at an amount determined by Cox. The Services may be subject to additional requirements, limitations, and restrictions depending on the level of service. Except where expressly stated, the Services are intended for, and limited to cover Customer’s business only.
As part of the CBCC Service, you may obtain CBCC Service for Customer’s business devices. Cox reserves the right to limit the maximum number of devices and/or supported business employees at its sole discretion. You will be required to designate the computers and business employees to be covered by the CBCC Service by providing such identifying information as Cox may request. You may only use the CBCC Service for the designated computers and business employees.
We may, in our sole discretion, refuse to provide the Services to you for any reason including, without limitation, if your technical needs are beyond the scope of the intended Services. The Services may not be available due to system maintenance, Internet service disruptions, availability of personnel, natural disasters or other factors outside our control. The Services do not support all possible computers, operating systems, software, hardware, peripheral devices, applications or features, and are subject to minimum system specifications, requirements and other limitations. Other than as set forth in the warranty section below, you agree that Cox has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or be related to the CBCC Service.
Modifications to the Services
Subject to this Agreement and applicable law, we reserve the right, for any reason, in our sole discretion and without notice to you, to modify, change, suspend or discontinue any and all aspects of the CBCC Service, including supported software, features and/or hours of availability.
Authorization to Access Your Computer
You acknowledge that you are authorizing us to access and control your computer as required to provide the CBCC Service you request. In order to provide the CBCC Service to you, we may download and use software, analyze system data, perform maintenance tasks, provide you with notices or information requests, and take remote control of your computer and access or modify your computer settings to diagnose, optimize and repair supported devices. By accepting these CBCC Terms, you hereby grant us the right to connect to your computer and supported devices to accomplish these tasks as Cox determines in its sole discretion.
Monitoring of the Services
THE SERVICES DO NOT INCLUDE DATA BACKUP OR RESTORATION SERVICES. COX MAY, BUT HAS NO OBLIGATION TO, SUPPORT YOU IN THE BACKUP PROCESS REMOTELY IF REQUESTED AND TO THE EXTENT SOLELY DETERMINED BY COX. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING OR USING THE CBCC SERVICE. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF USE OF THE CBCC SERVICE.
WE DO NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE FOR CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE AND LICENSE KEYS OR ANY OTHER PROOF-OF-PURCHASE REQUIRED TO INSTALL OR RE-INSTALL YOUR LICENSED SOFTWARE.
Use of Software and Tools
We may need to download and run software on your computer to help diagnose and resolve your technology problem (the "Software"). We use several types of Software: the first type provides computer system information to us which helps us diagnose and resolve your technology problem, the second type allows us to remotely control your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and provide updates.
You must cooperate with us and promptly respond to our requests for information and comply with our requests to take actions to resolve your technology problem. To help resolve your technology issue, you may be required to consent to the downloading and use of Software on your computer and accept all applicable license agreements for the Software. Cox may terminate this Agreement if you do not agree to installation of the Software on your computer; or if you alter, modify or disable the Software, or its settings or configurations.
You acknowledge and agree that use of all Software and tools accessed, downloaded or otherwise provided or made available with the CBCC Service are subject to the license agreements that may appear or be referenced when you access or download the Software, and that you may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You may use the Software only in connection with the Services and for no other purpose. You are not granted any title or rights of ownership in the Software. You shall not copy, modify, distribute or otherwise transfer the Software or permit others to access or use the Software. You shall not decompile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.
Term, Fees and Payment
The “Initial Term” for CBCC Services ordered on a monthly recurring basis is three (3) months. After the Initial Term, the CBCC Service shall renew automatically month-to-month (“Renewal Term”). “Term” shall mean the Initial Term and Renewal Term(s), if any. Customer shall pay all applicable charges associated with the CBCC Service, including recurring service charges, any one-time incident fees, and applicable federal, state, and local taxes and fees (however designated). The applicable monthly fee for the CBCC Service will be provided to you during the ordering process and may also be set forth at the CBCC Services website. Additional and other charges may be provided at other times. Charges for the Services will be billed directly to your monthly bill (if you are an existing Cox customer)
You will generally be billed monthly, in advance, for recurring service charges and fees. Your first bill may include pro-rated charges from the date you first begin receiving your Services, as well as monthly recurring charges for the next month. The CBCC Service will automatically renew on a month-to-month basis at the then-current rate for such CBCC Service until you notify us to cancel your CBCC Service by contacting 866-864-1772. If you cancel prior to the completion of the Initial Term, Customer shall pay for all charges associated with the CBCC Service for the remainder of the Initial Term, including partial months. If you cancel in the middle of a month after the Initial Term, we will refund a pro-rata portion of any fees that you have prepaid.
Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Cox within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
Your use of the CBCC Service is only for your business use on your technology, and not for any other use, including personal devices. The CBCC Service shall not be used for resale or transfer to others. You may not sell, lease or rent access to or use of the CBCC Service. You may not allow manufacturers, suppliers or vendors of your technology or providers of services relating to such technology, to access or use the CBCC Service.
To receive the CBCC Service, you must at all times have current and functional antivirus software in place and running on all your supported computers. If you do not have such antivirus software, you may separately install antivirus service from Cox beforehand or when you first sign up for CBCC Service. You may also purchase antivirus software from a third party, however, you will be responsible for installing and running the software prior to initiating the CBCC Service, unless you separately request that Cox install such software for you (applicable fees may apply). If we determine that your third-party antivirus software does not meet our minimum requirements, we may require that you purchase new antivirus software prior to continuing your Services.
You may terminate this Agreement at any time upon at least thirty (30) days written notice by calling Cox Business Complete Care at 866-864-1772 or other number provided by Cox, subject to any early termination fees described herein. Cox may terminate the CBCC Service at any time by providing notice to you.
In addition to any applicable early termination fees, you will be responsible for paying for the CBCC Service received and all other charges and fees that you incur prior to your cancellation of the CBCC Service.
We reserve the right to cease providing the CBCC Service for any reason at any time and instead, as your sole and exclusive remedy, refund the fees paid for the CBCC Service for the time period for which you have pre-paid, if any, after termination of the CBCC Service. If you breach the terms of these CBCC Terms or the Agreement, no refund will be provided. Other than providing a prorated refund of any prepaid fees when we terminate for our convenience, we will not be liable to you or any third-party for termination of the CBCC Service for any reason.
You acknowledge and agree that upon termination we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the CBCC Service. Fees for CBCC Service will be pro-rated based upon the date of termination, provided termination is after the Initial Term. You understand and agree that your right to possess or use Software provided as part of the Services will terminate and such Software may cease to operate, update or function properly after termination of the CBCC Service.
We will use commercially reasonable efforts to troubleshoot, analyze, assess, correct or otherwise resolve your computer or network problems.
This limited warranty does not create an obligation for us to correct problems caused by defective products or any modifications of the completed installation set-up (example: movement or set-up or addition of more components by anyone not deployed by Cox or to assist you in the additional calibration of installation settings beyond initial set-up). No warranty is made hereunder for the hardware, software, or consumer electronic products associated with the CBCC Service. Furthermore, no warranty is made for any repeat occurrence caused by you of a virus or spyware infection that was previously removed in connection with the CBCC Service. Products shall be covered by the terms of any manufacturers' warranties or extended service plans ("Third Party Plans and Warranties") purchased by you and not by Cox. You agree to make any claims that you have related to your product warranty and any warranty period only to the providers of Third Party Plans and Warranties. No other warranties, expressed or implied, are made hereunder relating to the CBCC Service.
As set forth below, there are no other warranties for the CBCC Service.
WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM OR ANY OTHER REQUEST. NO ADVICE OR MATERIALS OBTAINED BY YOU FROM USE OF THE CBCC SERVICE SHALL CREATE ANY WARRANTY OR OBLIGATION. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE CBCC SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
Disclaimer of Additional Warranties
NEITHER COX NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE CBCC SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES.
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless Cox and its employees, affiliates, suppliers, agents and contractors and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable attorneys' fees and costs) incurred by us in connection with any claims, suits, judgments, and causes of action arising out of (a) any violation of applicable laws or regulations by you (or any parties who use your account, with or without your permission, to access the Services); (b) your use of the CBCC Service; (c) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the CBCC Service; and (d) your breach of any provision of the CBCC Terms and/or the Agreement.
Limitation of Liability
IN ADDITION TO ANY OTHER LIMITATIONS OF LIABILITY CONTAINED IN THE AGREEMENT, COX’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO CBCC SERVICE SHALL BE LIMITED TO THE TOTAL CBCC SERVICE CHARGES PAID FOR BY CUSTOMER. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
NEITHER COX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE CBCC SERVICE (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S USE OR INABILITY TO USE THE WIRING WHETHER COVERED BY THE CBCC SERVICES OR OTHERWISE, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE CBCC SERVICE OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF E-MAIL OR OTHER INFORMATION OR DATA).
b. ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE CBCC SERVICE BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
c. EXCEPT FOR COX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COX, WE SHALL PAY, AT OUR SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY IF YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE STATES, THE LIABILITY OF COX AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, AND CONTRACTORS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO COX'S THIRD PARTY CONTRACTORS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ALL REPRESENTATIONS, INDEMNIFICATIONS, AND LIMITATIONS OF LIABILITY CONTAINED IN THE CBCC TERMS AND THIS AGREEMENT SHALL SURVIVE TERMINATION; ANY OTHER OBLIGATIONS OF THE PARTIES HEREUNDER SHALL ALSO SURVIVE, IF THEY RELATE TO THE PERIOD BEFORE TERMINATION OR IF, BY THEIR TERMS, THEY WOULD BE EXPECTED TO SURVIVE SUCH TERMINATION.
YOU ACKNOWLEDGE THAT CERTAIN THIRD PARTY EQUIPMENT OR SOFTWARE WARRANTIES MAY LIMIT OR VOID THE REMEDIES THAT THEY OFFER IF UNAUTHORIZED PERSONS PERFORM SUPPORT SERVICE ON THE EQUIPMENT OR SOFTWARE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY IMPACT THAT DELIVERY OF THE CBCC SERVICE MIGHT HAVE ON THIRD PARTY WARRANTIES IS ACCEPTABLE TO YOU AND YOU ASSUME THE RISK OF ANY AND ALL SUCH ADVERSE IMPACT ON ANY THIRD PARTY WARRANTIES.
You agree that we may communicate electronically by e-mail and/or may make communications available to you by posting them on the Cox website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
The CBCC Terms, the Agreement, and any other documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of the CBCC Terms, and replace any and all prior written or verbal agreements. If any portion of the CBCC Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. We do not waive any provision or right we fail to insist upon or enforce strict performance of any provision of the CBCC Terms and the Agreement. You shall not assign the CBCC Service to a third party. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of the CBCC Service or the Agreement.