Terms and Conditions

Overview

These Terms and Conditions (“Terms”) govern all telecommunications, internet, and related managed network services (“Services”) provided by Equinox Technology, LLC (“Equinox,” “we,” or “us”) to the customer identified in a signed Service Order (“Customer” or “you”).
By signing a Service Order or using the Services, you agree to be bound by these Terms and by the policies referenced below.

Incorporated Policies

Use of the Services is subject to the following policies, each incorporated herein by reference and available at https://www.equinoxtechnology.net/legal:

Fair Use Policy
Acceptable Use Policy
Service Level Agreement (SLA)
Privacy Policy

Equinox may update these policies from time to time; updated versions become effective upon posting

Term and Renewal

Unless otherwise stated in a Service Order, the initial term is 36 months.
At the end of the initial term, the Agreement automatically renews for successive one-year terms unless either party gives at least 30 days’ written notice of non-renewal prior to the current term’s expiration.

Billing and Payment

Invoices: MRCs (monthly recurring charges) are billed monthly in advance; usage-based and NRCs (non-recurring charges) are billed in arrears.
Payment Due: Invoices are due within 15 days of the invoice date.
Late Fees: Past-due balances may incur a 2 % monthly finance charge or the maximum allowed by law.
Taxes and Fees: Customer is responsible for all applicable taxes, regulatory surcharges, and government-imposed fees.
Disputes: Billing disputes must be submitted in writing within 30 days of invoice date.

Early Termination and Cancellation

If Customer terminates any Service before the end of its term, Customer shall pay an early-termination fee equal to all remaining MRCs due for the balance of that term.
Auto-renewed terms may be canceled with 30 days’ written notice prior to renewal.

Equipment

Any equipment provided for use or lease remains property of Equinox unless expressly sold.
Customer must return leased equipment within 15 days of service termination in good condition.
Lost, damaged, or unreturned equipment will be billed at replacement cost.

Customer Responsibilities

Customer agrees to:

Maintain its internal network, wiring, and end-user devices.
Comply with all laws governing call recording, privacy, telemarketing, and data use.
Prevent fraudulent or unlawful use of the Services.
Cooperate with Equinox and underlying carriers on any traceback or compliance inquiry.

Service Performance

Performance standards and uptime commitments are detailed in the Service Level Agreement (SLA)

Fair Use and Acceptable Use

All Services are governed by the Fair Use Policy and Acceptable Use Policy referenced in Section 2.
Equinox may suspend or terminate Services for violations of those policies or for activity deemed fraudulent, abusive, or unlawful.

Confidentiality

Both parties agree to keep all non-public business, technical, and financial information received from the other confidential and use it only for performance under this Agreement, except as required by law.

Assignment and Financing

Customer may not assign this Agreement without prior written consent from Equinox.
Equinox may assign this Agreement, in whole or in part, to a financing company or other funding partner for purposes of receivable financing or equipment leasing, without further notice to Customer.

Limitation of Liability

Equinox’s total liability for any claim shall not exceed the total fees paid by Customer in the twelve (12) months preceding the claim.
Neither party shall be liable for indirect, incidental, special, or consequential damages, including lost profits or data.

Indemnification

Each party shall indemnify and hold harmless the other from losses or claims arising out of its own negligence, willful misconduct, or breach of this Agreement.

Suspension and Termination for Cause

Equinox may suspend or terminate Services immediately if Customer:
(a) fails to pay amounts due;
(b) violates the Fair Use Policy, Acceptable Use Policy, or applicable law; or
(c) engages in activity that disrupts the Equinox network or other customers.

Force Majeure

Neither party is liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, labor disputes, war, or government actions.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be submitted to binding arbitration administered by the American Arbitration Association in Nashville, Tennessee, under its Commercial Arbitration Rules.
The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
However, Equinox Technology retains the right to pursue collection actions or requests for injunctive relief in any Tennessee state or federal court.

Governing Law

This Agreement and any related disputes are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

Entire Agreement

These Terms, together with the Service Order(s) and incorporated policies, constitute the entire agreement between the parties and supersede any prior representations or agreements, written or oral.

Contact Information

Equinox Technology Support
Email: support@equinoxtechnology.net | Phone: (615) 562-5650
Billing Questions: finance@equinoxtechnology.net