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24-Month Term Agreement
Effective Date: March 23, 2021 v.1.0
THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS INCLUDING TERMS THAT REQUIRE MANDATORY ARBITRATION OF DISPUTES AND IMPOSE EARLY TERMINATION FEES IF YOU CANCEL THIS AGREEMENT AFTER THE CANCELLATION PERIOD.
1. SCOPE OF AGREEMENT
his 24-Month Term Agreement (“Agreement”) sets forth the terms and conditions pursuant to which you will receive the Protected Retail Rates for your Covered Cox Services, as those terms are defined in Section 1.2 below. This Agreement is by and between CoxCom, LLC on behalf of itself and its operating affiliates that provide the Covered Cox Services to you (“Cox”, “we”, “our”, “us”), and “You”, the accountholder to whom the Covered Cox Services (defined in Section 1.2 below) are provided. IF YOU CHOOSE TO MAKE CHANGES TO YOUR COVERED COX SERVICES DURING THE TERM OF THIS AGREEMENT, SUCH CHANGES MAY REMOVE DISCOUNTS AND THE PROTECTED RETAIL RATES APPLICABLE TO YOUR COVERED COX SERVICES IN ACCORDANCE WITH SECTION 3 BELOW AND THE RESTRICTIONS OF THE SPECIFIC OFFER YOU ACCEPTED.
1.2 Protected Retail Rates
During the Term and subject to this Section 1 and 3 below, Cox will not charge you more than Cox’s published regular month-to-month, non-promotional rates, also called the “retail rate” or “everyday price”, in effect for your local franchise service area as of the first day of the Term of this Agreement (the “Protected Retail Rate(s)”) for the residential Cox TV, Cox Voice, Cox Internet and/or Cox Homelife Automation services you ordered and/or subscribed to (the “Cox Services”) in response to an offer from Cox that required a 2-year, or 24-month, term agreement for Cox Internet service (the “Offer”). The specific Cox Services included in your account and covered by this Agreement will be identified on your monthly Cox billing statement during the Term of this Agreement. Only the Cox Services included in your initial order and also designated as covered by this Agreement on your billing statement will be covered by this Agreement (the “Covered Cox Services”). YOU AGREE TO CAREFULLY REVIEW THE FIRST BILLING STATEMENT YOU RECEIVE 1) AFTER YOUR ACCEPTANCE OF THIS AGREEMENT AND 2) AFTER YOU ELECT TO MAKE CHANGES TO YOUR COVERED COX SERVICES (WHERE APPLICABLE) AND TO BRING ANY DISCREPANCIES TO COX’S ATTENTION WITHIN THE FIRST THIRTY (30) DAYS OF THE TERM OF THIS AGREEMENT OR SEVEN (7) DAYS AFTER RECEIPT OF YOUR FIRST BILL STATEMENT DENOTING THE COVERED COX SERVICES, WHICHEVER IS LATER, BY CALLING YOUR LOCAL COX OFFICE. If you do not timely object, you waive the right to do so and agree that such designation(s) is accurate.
1.3 Rates, Fees, Charges, and Services Not Price Protected
The price protection provided by this Agreement does not apply to the following rates, fees, or charges related to any of your Covered Cox Services, which may increase or decrease during the Term of this Agreement: (i) one-time charges, including but not limited to installation and activation/reactivation fees, (ii) usage-based charges, pay-per-use fees, pay-per-view charges, overage charges, or any third party streaming/app subscription services, including those billed by Cox (iii) applicable federal, state, and local taxes, franchise fees and other government-mandated or passthrough fees or surcharges, (iv) Cox or third-party imposed fees, surcharges, and payments, including, without limitation, any applicable interest, costs of collection (including attorneys’ fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, and bank fees, (v) fees and charges for other Cox Services you add after you place your initial order and enter into this Agreement or that you receive that are not included in the Offer, and/or (vi) any other fee or charge that is not expressly within the scope of the Covered Cox Services.
1.4 Promotional Discount Offers and Rates Are Not Price Protected
If you qualified for and received a short-term promotional discount off of any Protected Retail Rate in connection with your order (“Promotional Discount”), your rates will revert to the Protected Retail Rate(s) after the stated Promotional Discount period ends for the remainder of the Term of this Agreement (if any such Term remains), unless this Agreement is earlier terminated as provided herein.
1.5 Special Rebate and Incentives Offers
If you accepted an Offer that included a special rebate or incentive, including but not limited to prepaid cards or rebates (“Incentives”), in addition to accepting this Agreement within the time and in the manner specified herein, you must also maintain the Covered Cox Services at the service address of record for your account as of the date of your order (as determined by Cox) for at least the first thirty (30) days of the Term of this Agreement to qualify for the advertised Incentive. You must also satisfy all stated eligibility requirements and follow all stated instructions for claiming the Incentive and if applicable, complete and return any related forms or fulfillment requests within the designated time period. If your form or fulfillment submission is late, misdirected, incomplete, incorrect, illegible, or obtained or submitted through improper channels, you will not be entitled to the advertised Incentive. Please allow ten (10) to twelve (12) weeks after Cox receives your qualifying submission to receive your Incentive award, unless otherwise stated in the Incentive offer. Except as required by law, Incentive checks not deposited or properly negotiated within one hundred eighty (180) days after issuance will be non-negotiable, forfeited and invalid. Prepaid cards are subject to the terms and conditions of the issuing bank and expire on the date shown on the card. Cox will not replace or reissue any check, prepaid card or other incentive if it is lost, stolen, or damaged, or if it becomes non-negotiable, invalid, or forfeited. Incentives will only be issued in the name of the Primary Account Holder. Unless otherwise prohibited by applicable law, all Incentive offers are limited to one (1) per Cox account and per household. Cox reserves the right to substitute any advertised Incentive with an incentive of equal or greater retail value. Incentives may not be exchanged or returned for cash or credit.
1.6 Bulk Properties Excluded
Cox sometimes enters into “bulk” services agreements to provide Cox TV, Internet, Voice, or Homelife Automation services to residents in multiple dwelling unit properties (for example, an apartment building, condo or cooperative) or other housing communities (each, a “Bulk Property”). If you live at a Bulk Property, you are ineligible for a Protected Retail Rate Offer, and Cox may terminate this Agreement immediately upon notice to you of the error. Notwithstanding anything that may be to the contrary herein, you agree that such notice may be provided in any manner, including without limitation via your bill statement. If during the Term of this Agreement you move into a Bulk Property within your local Cox service area or where you live becomes a Bulk Property, this Agreement shall immediately terminate. In any of the foregoing circumstances, you will not be responsible for paying any applicable early termination fee (as more fully described in Section 3 below) and the rates for your services will be as set forth in Section 4.1 below.
1.7 Acceptance of Agreement
You accept this Agreement when you first do one of the following within 30 days of receiving the Offer from Cox (the “Acceptance Date”): (1) orally confirming to Cox or its agent acting on Cox’s behalf your acceptance of this Agreement; (2) activating any Covered Cox Service(s) through a method provided by Cox; (3) using or paying for any Covered Cox Service(s); or (4) signing this Agreement electronically or physically in accordance with the instructions provided by Cox. If you do not accept this Agreement within this 30-day period, you will NOT receive the price protection benefits of the Agreement and you will be responsible for paying Cox’s regular month-to-month, non-promotional rates for all services you receive, including any rate increases on those services. UNLESS YOU TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF SECTIONS 3.2 OR 3.3 BELOW, OR PAY AN EARLY TERMINATION FEE AS SPECIFIED IN SECTION 3.1 BELOW, YOU AGREE TO MAINTAIN AND PAY FOR YOUR SUBSCRIPTION TO THE COX INTERNET SERVICES COVERED UNDER THIS AGREEMENT UNTIL THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
3. EARLY TERMINATION FEE; TERMINATION.
3.1.1 DISCONNECTION OF COX INTERNET SERVICE
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE TO PAY THE APPLICABLE EARLY TERMINATION FEE LISTED IN THE TABLE BELOW (“ETF”) IN THE EVENT THAT THE COX INTERNET SERVICE YOU SUBSCRIBE TO IS DISCONNECTED FOR ANY REASON BEFORE THE EXPIRATION OF THE TERM OF THIS AGREEMENT.
3.1.2 CHANGES TO COVERED COX SERVICES
If you choose to 1) upgrade or downgrade your Covered Cox Services or rented equipment within a Cox service category (e.g. from one tier of Internet to another, from one package of TV to another) or 2) add or terminate non-Internet services, such changes will not terminate this Agreement or result in ETFs under this Agreement. However, unless permitted under the terms of your Promotional Discount as set forth in Section 3.1.3 below, you will be charged Cox’s then-current regular month-to-month, non-promotional rate(s) for such service(s) in effect as of the date that you instructed Cox to change your Covered Cox Services, you agree to pay such adjusted Protected Retail Rate(s) for the remainder of the Term, and such changes may also remove discounts applicable to such services.
By way of example without limitation:
3.1.3 SPECIAL PROMOTIONAL DISCOUNT OFFERS
Certain offers for Promotional Discounts may permit you to change your speed of Internet service during the applicable Promotional Discount period while maintaining promotional discounts on your Internet service. If you change your Internet service to a speed that is not included in your specific Promotional Discount offer, then the new rates for your new Internet service speed will be determined as set forth in Section 3.1.2 above.
YOU MAY TERMINATE THIS AGREEMENT BY (I) CALLING COX CUSTOMER CARE AT THE NUMBER LOCATED ON YOUR BILL, OR (II) DISCONNECTING COX INTERNET SERVICE AT ANY TIME DURING THE TERM SUBJECT TO PAYMENT OF THE APPLICABLE ETF AND ALL OTHER ACCRUED CHARGES. FOR CLARITY, YOU ACKNOWLEDGE AND AGREE THAT IF COX DISCONNECTS YOUR COX INTERNET SERVICE DUE TO NONPAYMENT OF ANY CHARGES DUE COX, YOU WILL BE DEEMED TO HAVE TERMINATED THIS AGREEMENT AND WILL BE CHARGED THE ETF. YOUR OBLIGATION TO PAY ETFS SURVIVES TERMINATION OF THIS AGREEMENT.
The ETF will be reduced by the amount listed below for each complete month during the Term of this Agreement that you maintain and timely pay for your Cox Internet Service.
3.2 30-Day Cancellation Period
You may terminate this Agreement and/or disconnect or downgrade any or all of the Covered Cox Service(s) for any reason without incurring an ETF during the first thirty (30) days of the Term of this Agreement (he “Cancellation Period”) by contacting Cox Customer Care at the contact phone number on your bill statement and notifying Cox of your decision to terminate this Agreement or disconnect/downgrade any of your Covered Cox Services. You will be responsible for paying for the Covered Cox Services you received and all other charges and fees that you incurred prior to exercising your rights under this subsection through the date the Covered Cox Services are disconnected or downgraded.
3.3 Special Circumstances/ETF Waiver
You will not be responsible for paying an ETF if you terminate this Agreement within thirty (30) days of our written notice to you of a material adverse change to this Agreement or Other Service Agreement(s), as defined in Section 6 below, applicable to your Cox Service(s), or if you disconnect Cox Internet service you are receiving at any time during the Term for one of the following reasons: (i) you upgrade your Covered Cox Services to a new qualifying Offer (as determined by Cox), (ii) you are a member of the United States Armed Services and have received military orders to relocate outside of the local Cox service area that supports this Agreement for a period of not less than 90 days, (iii) you transfer service to another residence in a Cox service area, (iv) you move outside a Cox service area or into a Bulk Property and provide Cox appropriate documentation of move, or (iv) the death of the Primary Account Holder and cancellation of the account.
3.4 Customer-Initiated Service Changes
If you cancel your Cox Internet service during the Term of this Agreement, this Agreement will automatically terminate in accordance with Section 3 of this Agreement. If you choose to retain other Covered Cox Services, Cox will have the option, but not the obligation, to forego the collection of an ETF under the terms of this Agreement. Because this Agreement has terminated, even if Cox foregoes collection of an ETF, the rates for your remaining Cox services shall no longer be Protected Retail Rates and you will be charged Cox’s then-current regular month-to-month, non-promotional rates for such services in effect as of the date that you instructed Cox to disconnect your Internet service.
3.5 Cox-Initiated Service Changes
You acknowledge and agree that Cox may, in its sole discretion, add, delete, or modify any aspect, feature, component or requirement of any Cox Services at any time during the Term of this Agreement. For example, at any time, Cox may delete any programming services from its TV channel lineup or move any programming services currently included in the Covered Cox Services to another tier or level of service that is not included in the Covered Cox Services. Under these circumstances, you would no longer receive such programming services and would not be entitled to any credit or fee reduction. Or, for example, Cox may change its video service delivery from analog to digital or its telephone service from circuit switched to an Internet Protocol based or other technology platform. Notwithstanding, if during the Term of this Agreement, Cox changes its network, service delivery platform or other technology for delivering any Cox Service and new and/or additional equipment or device(s) is needed for you to continue to access your Cox Services on one or more outlets, computers, laptops, mobile devices, tablets or any other devices, such equipment is not covered under this Agreement and you agree that you may be charged extra by Cox for any such equipment you purchase or lease/rent from Cox. In addition, for clarity, if you fail to obtain any such required equipment and therefore your Cox Internet Service is terminated by you or Cox, you may be subject to an ETF in accordance with Section 3. Further, you acknowledge and agree that any of the Cox-Initiated Service changes noted in this subsection will not violate this Agreement, constitute adverse material changes, or affect your ETF, payment or other contractual obligations to Cox.
4. USE OF COX SERVICES AFTER EXPIRATION OR TERMINATION OF THIS AGREEMENT; CHANGES TO THIS AGREEMENT
4.1 Prices and Terms After Expiration or Termination
Except as otherwise provided in this Section 4.1, upon the termination or expiration of this Agreement for any reason, you will be charged Cox’s then-current regular month-to-month, non-promotional retail rates for any Covered Cox Services that you continue to receive and such rates shall no longer be Protected Retail Rates. If you are still entitled to receive a Promotional Discount on any of the Covered Cox Services after expiration or termination of this Agreement, then when your Promotional Discount period ends for any reason, you will be charged Cox’s then-current regular month-to-month, non-promotional rates in effect as of the date your Promotional Discount ended for any Covered Cox Services you continue to receive and such rates shall no longer be Protected Retail Rates. Cox’s then-current pricing information can be found at www.cox.com or can be obtained from your local Cox office. Your continued use of any Covered Cox Services after termination or expiration of this Agreement (i) will remain subject to any applicable Other Service Agreement(s), and (ii) you must return to Cox any equipment that is used with Covered Cox Services you no longer receive, as further described in the applicable Other Service Agreement(s).
4.2 Changes to this Agreement/Notices of Material Changes
Cox reserves the right to modify this Agreement at any time with or without notice. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose. Cox will provide you with written notice of any changes that we determine are material to this Agreement consistent with applicable law or tariff. You agree that we may provide you with such written notice by sending it U.S. Mail or commercial overnight mail to your last known billing address in Cox’s account records, by including the notice on or with your bill statement, by sending notice to any email address on Cox’s account records, or by other lawful means, and you agree that any of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. All such changes will become effective as of the date specified on the written notice and will be posted on the Cox Website at www.cox.com or at another URL Cox may designate from time to time (the “Cox Website”) and you agree to regularly check your postal mail, e-mail and all postings on the Cox Website or another website about which you have been notified or you bear the risk of failing to do so. The updated version of this Agreement on the Cox Website will supersede any prior versions of this Agreements. If the changes have a material adverse effect on you, you can terminate the affected Covered Cox Service(s) without paying an early termination fee by notifying Cox within thirty (30) days after we send notice of the applicable change. You agree that your sole recourse if you do not accept any such material adverse change is to terminate this Agreement within thirty (30) days of our notice to you. Your continued use of the Cox Service(s) after such thirty (30) day period will constitute your acceptance of this Agreement as modified.
5. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER,
YOU ARE SUBJECT TO THE DISPUTE RESOLUTION PROVISION CONTAINING A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH CAN BE FOUND AT https://www.cox.com/aboutus/policies/customer-service-agreement.html.
IF YOU FOLLOW THE PROCEDURES SET FORTH IN IN THE COX RESIDENTIAL CUSTOMER SERVICE AGREEMENT, WHICH CAN BE FOUND AT https://www.cox.com/aboutus/policies/customer-service-agreement.html, YOU HAVE THE RIGHT TO OPT OUT OF THE DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT AS DEFINED IN SECTION 1.7 ABOVE (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH COX THROUGH THE DISPUTE RESOLUTION PROCEDURES. THE DISPUTE RESOLUTION PROVISION IN THE COX RESIDENTIAL CUSTOMER SERVICE AGREEMENT, AS REFERENCED ABOVE, IS INCORPORATED HEREIN BY REFERENCE AS SET FORTH IN SECTION 6 BELOW.
5.1 YOU AND COX AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT — any and all claims, disputes, or controversies between you and Cox, including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Cox, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to this Agreement, any of the services provided under this Agreement or any other services or products that Cox provides to you in connection with this Agreement (including but not limited to amounts that Cox charges you for services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of our Privacy Notice). You and Cox also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to you by Cox or any of its affiliated entities under any other agreement. Notwithstanding this agreement to arbitrate, you and Cox may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the Dispute.
5.2 Informal Dispute Resolution
You and Cox agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, first call Cox Customer Care at the number listed on your monthly bill statement. If the Cox representative is unable to resolve your dispute in a timely manner, you agree to then notify Cox of the dispute by sending a written description of your claim to Cox Customer Care, ATTN: Corporate Escalation Team, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 so that Cox can attempt to resolve it with you. If Cox does not satisfactorily resolve your claim within 30 calendar days of receiving written notice to Cox Customer Care of your claim, then you may pursue the claim in arbitration. Neither you nor Cox may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to Cox, please send such notice via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328. If Cox is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.
The dispute resolution provision survives the termination of your Services with Cox. If you bring a claim against Cox after termination of your Services that is based in whole or in part on events or omissions that occurred while you were a Cox customer, the dispute resolution provision shall apply.
6. OTHER SERVICE AGREEMENTS
Cox’s failure at any time to require strict compliance or performance of any term or condition herein will not be a waiver of Cox’s right to require strict performance of any term or condition herein.
You cannot assign this Agreement or any of your rights and duties under it. Cox may assign all or part of this Agreement or your debts to Cox under this Agreement without notice and without your consent, and you agree to make all subsequent payments as instructed.
8.3 Governing Law
This Agreement will be governed by the laws of the state in which your Covered Cox Services are provided without regard to such state’s choice of laws principles and applicable federal law.
When this Agreement requires notice from you to Cox, you agree to provide us with written notice to the address specified on your bill or by calling us. Notice by calling us will be effective as of the date our records show that we received your call. Notices to you shall be provided as stated in Section 4.2 above.
If any portion of this Agreement is held invalid or unenforceable in a jurisdiction, the unenforceable portion will be construed in accordance with Applicable Law in that particular jurisdiction as nearly as possible to reflect the original intentions of the parties , and the remainder of this Agreement will remain in full force and effect.
8.6 Entire Agreement; Survival
This Agreement, together with the Other Service Agreements, constitutes the entire agreement between you and Cox with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. Any attempted changes by you to any term of this Agreement or any additional or different terms contained on any instruments of payment, notices, or other communications or documents whether written, electronic, or oral are void. Certain provisions will survive the termination or expiration of this Agreement including, but not limited to, Sections 3, 4, 5, 6, and 7, and all other provisions which by their nature would be expected to survive.
8.7 Customer Service Representatives Available
If you believe that any aspect of this Agreement is contrary to your understanding of your agreement with Cox, please contact Cox Customer Care at the telephone number or address set forth in your Cox bill statement.
8.8 Your Authority to Execute This Agreement
By entering this Agreement, you certify that you are at least 18 years of age and that you are either the Primary Account Holder for the service address listed on the Cox bill statement or have been authorized by the Primary Account Holder to make changes to such account and to enter into this Agreement on his or her behalf. If you are not the Primary Account Holder, you further agree that you will be jointly and severally liable with the Primary Account Holder for all payment and other obligations owed to Cox under this Agreement and the Other Service Agreements. You agree that Cox is entitled to assume that all of the information you have provided to us is accurate.
PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.