DNA Communications Terms and Conditions
1. Service Provider
Upon acceptance of this Agreement (as defined below), Digital Network Access Communications, Inc., also known as DNA Communications (“DNA”), will provide, and Client will purchase, the services and products (“the Services”) selected on the first page of this Application for Service and Agreement (“Agreement”) during the Term, under the terms and conditions set forth below and in DNA’s Tariffs and Acceptable Use Policy (“AUP”). For purposes of this Agreement, “DNA” refers to Digital Network Access Communications, Inc., or its affiliate(s) certified to provide the Services in Client’s state(s).
2. Acceptance by DNA
This Agreement is not enforceable until accepted by DNA. If Client fails to provide complete, accurate, or satisfactory installation, credit, or other required information, or if DNA is unable to provide the Services due to unavailability of facilities or other reasons, DNA may, at its sole discretion, reject Client’s Application for Service. “Acceptance” will occur upon the earlier of the commencement of the Services or Client’s first invoice date. DNA makes no representation regarding when Service will commence. DNA will use commercially reasonable efforts to initiate Service, but Client acknowledges that service initiation may depend on third parties beyond DNA’s control.
3. Term
The initial Term for any Services begins upon Acceptance and will continue for the number of months specified on the first page of this Agreement or on a Multiple Location Form, as applicable. For this Agreement, “Month” refers to a full billing cycle. If Multiple Location Forms are included, this Agreement remains in effect until the last of the Terms expires. Upon completion of the Term, the Term will automatically renew for 12 months unless DNA receives written notice of non-renewal at least 30 days before the end of the current Term. Rates in the renewal term will remain the same as in the existing agreement unless notified in writing of rate changes at least 60 days prior to the end of the Term. If Client continues to use Services without renewing a term plan, DNA’s month-to-month rates will apply.
4. Tariffs and AUP
Client acknowledges that in addition to the terms explicitly set forth in this Agreement, DNA’s relevant state and federal tariffs (“Tariffs”) will govern the Agreement and the provision and use of Services. Tariffs are published with the Illinois Commerce Commission. Use of Internet Services must comply with DNA’s Acceptable Use Policy (“AUP”), which is published at www.dnacom.com and may be modified from time to time.
5. Multiple Locations
If Multiple Location Forms are attached to this Agreement, DNA will provide, and Client will purchase, Services for each location accepted by DNA.
6. Client Satisfaction Guarantee
If DNA fails to resolve a Major Service Outage within 3 business days from Client’s notification via 1-888-562-4290, Client may switch to a previous provider (or another provider if there was no previous provider) without an early termination charge, and DNA will cover the standard tariffed conversion charge of the new provider.
7. Price Guarantee
For Terms of 12 months or longer: (a) DNA will not increase Client’s tariffed monthly recurring rates for the Services (excluding taxes and surcharges) during the Term, and (b) if DNA’s standard tariffed Service rates for the same term plan decrease during the Term, Client may enter into a new agreement for Services with a Term at least as long as the original Term.
8. Moves and Disconnection of Service
To disconnect Services, Client must inform DNA in writing of the desired disconnect date, addressed to Client Services, DNA Communications Inc., 601 First Ave., Rochelle, IL 61068. To move Services, Client must provide at least 30 days’ notice by calling 888-562-4290. If DNA can continue providing Services, Client will pay applicable standard tariffed service activation and installation charges for each new location. If DNA determines it cannot provide Services at the new location, DNA has no obligation to do so, and Client may terminate Services as outlined in Section 9.
9. Early Termination
Except as outlined in Section 6, if this Agreement or any Service is terminated after installation but before the end of the Term (including any lines ported to another carrier), for any reason other than under the Client Satisfaction Guarantee, Client shall immediately pay DNA an early termination charge of 85% of the remaining contract amount or $3,000.00, whichever is less. If Client cancels an order after signing but before Acceptance or disconnects within 3 days of service initiation, Client will pay a fee of $150.00 for operating and handling expenses plus any costs related to equipment and labor. DNA may terminate Services for non-payment, breach, misuse, or other reasons per the Tariffs.
10. Resale and Use of Services
Client or its representatives shall not resell or redistribute Services without DNA’s prior written approval. DNA reserves the right to terminate this Agreement immediately in case of such a violation.
11. Assignment
Client cannot assign its rights or obligations under this Agreement without DNA’s prior written consent, which shall not be unreasonably withheld. Any attempted assignment or change in control without consent will allow DNA to terminate the Agreement, and Client will be liable for the early termination charge described in Section 9. DNA may assign this Agreement at any time.
12. Limitation of Liability
DNA’s liability for any cause of action related to this Agreement or Services shall not exceed the limitation of liability set forth in the Tariffs, or if none, the total amount paid for the affected Service during the interruption period. DNA shall not be liable for indirect, special, consequential, or punitive damages or lost profits.
13. Governing Law and Venue
This Agreement will be governed by the laws of the State of Illinois. The parties consent to the exclusive personal jurisdiction and venue of the state or federal courts in DeKalb County, Illinois.
14. Payment Obligations
Client must pay for all Services at the rates specified in this Agreement and the Tariffs. In case of conflict, this Agreement prevails. Past due invoices will accrue interest at the lower of 1.5% per month or the highest legal rate. Invoices not disputed within 30 days are binding. In the event of a dispute, Client must pay all undisputed amounts on time. Client agrees to pay collection costs, including reasonable attorney’s fees. DNA may require a security deposit and will bill monthly recurring charges one month in advance.
15. Rates, Taxes, and Surcharges
Additional taxes and surcharges may apply beyond the rates specified. Taxes and surcharges may change without notice. Rates depend on bundled Service offerings and may vary with changes in Services purchased, Client’s failure to meet minimum requirements, or feasibility of installation.
16. E-mail Notification
Client agrees DNA may use e-mail for service and marketing notifications. DNA is not liable for any issues arising from e-mail or Internet communications.
17. Equipment
Customer premises equipment (“CPE”) provided by DNA remains DNA’s property. If Client fails to return CPE in good working order within 30 days of Agreement termination, Client is responsible for replacement costs and recovery charges. DNA disclaims all warranties on CPE.
18. General Terms
This Agreement, along with the Tariffs, AUP, Multiple Location Form(s), Additional Pricing Form(s) (if applicable), and Letter of Agency, constitutes the entire agreement. There are no other agreements unless written and executed by authorized representatives. If any provision is unenforceable, the rest of the Agreement remains effective.
19. Severability
If any provision is invalid or unenforceable, it will be substituted by a provision that most closely reflects the intent, and the remaining provisions will continue in full force.
20. Entire Agreement
This Agreement, together with the Tariffs, supersedes all prior agreements related to the subject matter.
21. Amendment
This Agreement may only be amended or modified by a written instrument executed by all parties.
Additional Terms and Conditions for Data Services
22. E-mail
If Client has not ordered e-mail Services initially, they may do so later, but delays of at least two weeks may occur after the installation of an access line.
23. Inside Wire
If DNA installs inside wire, it will be done at prevailing rates.
24. IP Addresses
IP Addresses are not portable and cannot be independently administered or redistributed. Assignments may be modified by DNA or ARIN.
Additional Terms and Conditions for Voice Services
25. Traceback Investigations
Client must participate in traceback investigations to identify the source of illegal calls.
NOTICE OF CLIENT’S RIGHTS CONCERNING CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”)
CPNI includes Client’s Service selections, feature selections, demographic information, and usage data. DNA is obligated to protect CPNI under federal law. By signing this Agreement, Client authorizes DNA to use CPNI to manage Services, enhance existing Services, and offer tailored products and services. Client may deny use of CPNI by written notice to Client Services. Denial will not affect the Services Client receives. Client shall indemnify DNA from any liability resulting from the authorized use of CPNI.
