Business Solutions
Business Solutions TERMS AND CONDITIONS
Please note that by completing this signup process and subscribing for the services being offered by GTT Inc. and by accessing and/or by using GTT service(s) in any way, the Customer, as defined herein, hereby signifies its acceptance of the terms and conditions of use hereunder, which the Customer understands will form a binding agreement between the Customer and GTT. The Customer is hereby deemed to have read the below terms and conditions and to have irrevocably accepted same. GTT reserves the rights to not accept or proceed with a customer’s application without the need for prior notice and/or explanation to the Customer.
1. INTRODUCTION
1.1. These terms and conditions (‘the Agreement’) outline the provisions that govern the use of the services and equipment provided by GTT to the Customer.
1.2. “Customer’s premises or Site” means the location indicated by the Customer and approved by GTT for the provision of the Service by GTT, whether the Customer owns the said premises.
1.3. “User(s)”, or “Customer” means customers or anyone else who requests, uses, or accesses GTT’s services, through the application process, which has been approved by GTT, at its sole discretion thereof.
1.4. “Service” or “Services” refer to conneX internet access package, offered by GTT, and elected by the Customer in the application.
1.5. GTT may amend, modify, or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any GTT service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. GTT recommends that the Customer visits GTT’s website regularly to check for any updates or amendments to this Agreement and GTT shall not be responsible for the Customer’s failure to do so.
1.6. GTT reserves the right to establish policies, rules, and limitations, from time to time, concerning the use of any service, which shall be incorporated to form part of these terms and conditions. Failure to comply with it will result in the Customer’s service being restricted, disconnected, and/or terminated at GTT’s sole discretion.
1.7. GTT shall provide the Services to the Customer as requested in the application form completed by the Customer or the Customer’s representative and as outlined in this Agreement.
1.8. As a condition of the use of the Service, the Customer warrants that the Customer will use the Service in accordance with GTT’s Acceptable Use Policy, which is included on GTT’s website and incorporated herein by this reference to form part of this Agreement. This Acceptable Use Policy may be updated from time to time at GTT’s sole discretion and such changes may be displayed by GTT on its website.
1.9. The Service, Equipment (as defined hereunder) and all information, documents and materials owned by GTT and/or on GTT’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All GTT’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will always remain the exclusive property of GTT. Nothing in this Agreement grants the Customer the right or licence to use any GTT marks, without GTT’s prior written consent.
1.10. GTT’s privacy policy included on GTT’s website and incorporated herein by this reference to form part of this Agreement applies to all customers and the Customer hereby represents and warrants that the Customer will abide by same.
1.11. GTT may, at its sole discretion, offer promotional pricing and free trials of services, including the Services, to its customers from time to time. Such offers may only be offered to new customers, or a range of customers and the Customer may not be eligible for any, some and/or all the offers..
2. INSTALLATION AND SERVICE FEES
2.1. As full consideration for the Services under the terms and conditions of this Agreement, the Customer shall pay GTT the sums as selected by the Customer in the application process. For any avoidance of doubt, the Customer shall pay the installation and monthly recurring fees as indicated by GTT, at GTT’s sole discretion thereof.
2.2. The Customer understands and agrees that the monthly recurring fees to be paid by the Customer may be changed and prior notice of such changes will be made by GTT on its website.
2.3. GTT will issue an invoice to the Customer for the charges, which shall include VAT for each month. The Customer will be liable for all charges and VAT applicable to each Service provided from the start date of the Service.
2.4. The Customer shall pay each invoice issued by GTT on or before 10th day of each month following the month in which the invoice is issued without withholding any amount or making any deduction.
3. TERM AND TERMINATION
3.1. This Agreement shall commence from the date of acceptance of the application by GTT and shall continue to remain in full force and effect for the period as selected by the Customer in the application form completed by the Customer for the Services (hereinafter referred to as the “Initial Term”).
3.2. Notwithstanding Clause 3.1 hereof, at the expiration of the Initial Term, this Agreement shall renew automatically on a month- to-month basis, unless cancelled by either party pursuant to the terms and conditions contained herein.
3.3. Subject to Clause 6.1, this Agreement may be terminated by either Party serving thirty (30) days’ prior written notice to the other Party.
3.4. If either party has defaulted in the performance and/or observance of a term or condition of this Agreement, the other party reserves the right to give notice of the breach and the party in breach shall remedy or begin to remedy such breach within a period of ten (10) days after being requested to do so in writing. If the party in breach fails to cure the said breach within the said period, the other party shall have the right to terminate this Agreement.
3.5. Any party may terminate this Agreement upon the commencement of a voluntary or involuntary proceeding under any bankruptcy, insolvency, reorganization liquidation, dissolution, or similar law with respect to any other party.
3.6. Upon termination or if this Agreement comes to an end, GTT will: -
a. Disconnect the Customer from GTT Network and promptly remove the Equipment from the Site and the Customer hereby represents and warrants that the Customer shall allow GTT to remove the Equipment from the Site; and
b. Both Parties will return to the other, any information, property, or item, which is in its possession and that belongs to the other party.
3.7. Pursuant to Clause 3.6(a) hereof, the Site is defined as the place elected by the Customer in the application process where the Services will be installed by GTT and such Services are in fact installed.
3.8. The Customer understands and agrees that when the Customer’s Service expires before the expiration date as a result of the Customer’s usage, the Customer may continue to access the Services through the use of Wi-Fi, or access a free website that may be provided by GTT, and/or purchase a new plan or bundle using the Customer’s core balance.
4. ROLES AND RESPONSIBILITIES OF THE PARTIES
4.1. GTT shall:
a. provide the Services to the Customer at the Site in accordance with the provisions of this Agreement;
b. provide, transport, and install fiber facilities and equipment at the Site. It is hereby understood by the Parties that the Equipment so installed by GTT will remain the property of GTT after same is installed at the Site and throughout the Term of the Agreement including any subsequent renewal terms; and be responsible for determining, at its sole discretion, the best and most practical means, and methods of installing the Equipment and performing the Services.
4.2. The Customer shall: -
a. for the duration of this Agreement, ensure that GTT is the sole and exclusive telecommunications provider to the Customer at the Site unless otherwise agreed to by GTT in writing and at its sole discretion thereof;
b. not infringe or otherwise diminish any of GTT’s intellectual property rights in relation to the Services, Equipment and/or this Agreement;
c. pay GTT monthly for the Services provided at the Site in accordance with the selected Service plan;
d. use the Equipment provided to the Customer by GTT, which for the purpose of this Agreement will be one Optical Network Terminal/ ONT Modem, Cables, Pods (Super or Power pods and if selected by the Customer) and any other equipment which may be provided by GTT from time to time (hereinafter referred to as “the Equipment”) in accordance with the provisions of this Agreement as well as subject to any operational instructions, manuals and directions that GTT and/or the manufacturers of the Equipment may issue from time to time;
e. cooperate with GTT as may be reasonably required to enable the provision of the Services, including without limitation allowing unrestricted and safe access to the Site as well to make alterations of engineering or other nature in the Equipment and/or Services. Therefore, the Customer hereby grants GTT and its employees, agents and/or contractors, a license and right to enter and access the Site for the purpose of installing, uninstalling, operating, and maintaining the Equipment, in each case as and to the extent contemplated in this Agreement and as provided by applicable laws;
f. undertake other tasks as requested by GTT that are within the scope of its duties as contemplated by this Agreement; and
g. assume and bear the risk of theft, loss for destruction of or damage to the Equipment from any negligence, act and/or omission caused by the Customer and/or the Customer’s employees, directors, officers, agents, independent contractors, and/or visitors to the Site until the Equipment is returned to GTT. No such theft, loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect. In event of damage to and/or theft, loss and/or destruction of the Equipment (or any item thereof), the Customer shall promptly notify GTT in writing of such fact and of all details with respect thereto, and shall, at its sole expense and cost and within thirty (30) days of such event, pay to GTT the costs to repair and/or replace the Equipment.
4.3. Equipment
a. The Parties agree that the Equipment, is and always shall remain the sole and exclusive property of GTT, and the Customer covenants that it will, always, treat the Equipment as such and that no part of the Equipment shall be considered or treated as fixtures. No right, title or interest in the Equipment shall pass to the Customer because of this Agreement other than the right to maintain possession and use of the Equipment for the term of this Agreement (and any renewal period), conditioned upon the Customer’s compliance with the terms and conditions herein.
b. The Customer hereby assumes and shall bear the risk of loss for theft of, destruction of and/or damage to the Equipment for any and every cause whatsoever save and except the willful act or gross negligence of GTT, and such risk of loss shall continue until the Equipment is returned to GTT.
c. In event of damage to or loss, theft or destruction of the Equipment, the Customer shall promptly notify GTT in writing of such fact and of all details with respect thereto, and shall, within five (5) days of such event, at GTT sole option either (i) place the same in good repair, condition and working order; (ii) at the Customer’s sole cost and expense, substitute such Equipment with equipment of equal or superior manufacture, make, model and features, and transfer clear title to GTT or (iii) pay GTT an amount equivalent to the Equipment.
d. The Customer shall use all reasonable endeavors to protect the Equipment from environmental hazards including without limitation radio or electrical interference, power fluctuations and other abnormal environmental conditions.
5. COMMENCEMENT DATE OF SERVICES
5.1. GTT shall inform the Customer when the Services are available and performing (hereinafter referred to as the “Service Commencement Date”). Charges for such Services shall begin to accrue as of the Service Commencement Date.
5.2. Without prejudice to GTT’s obligations to meet the availability service levels specified in the Service Level Agreement, hereto attached, marked “Schedule 1”, and incorporated herein by this reference to form part of this Agreement, GTT may temporarily suspend or restrict the Service to carry out maintenance or development on GTT Network. In doing so, unless the suspension or restriction is required to respond to an emergency, GTT shall:
a. Give the Customer at least three (3) days’ prior notice of the suspension or restriction;
b. Use best endeavors to ensure that the suspension or restriction takes place during the planned outage window for that Service;
c. Use is best endeavors to minimize disruption to the Customer’s Site; and
d. Fully reinstate the Services as soon as the maintenance or development work is completed.
6. TERMINATION, UPGRADES AND DOWNGRADES
6.1.
a. Customer’s agreement may be terminated by GTT for cause without prior notice: if the Customer fails to timely pay for the Services, if the Customer uses the Services in violation of applicable law, or GTT’s acceptable use or other policies and/or if GTT determines in its sole discretion that the termination of Services is necessary to protect itself, its Customers or the general public against acts of fraud and other unlawful activities.
b. If the Customer fails to pay for the Services at the stipulated time, GTT may, at its sole discretion and without any prior notice to the Customer, disconnect the Customer’s service. During this disconnection, the Customer understands and agrees that they will not have any access to the Service until all outstanding charges due and owing have been paid to GTT including the following charges which the Customer understands and agrees will be applied by GTT to the Customer:
i. The Customer shall pay all the sums due and owing to GTT at the time of disconnection of the services by GTT;
ii. The Customer shall pay the full monthly recurring charge for the month in which the service was disconnected based on the Customer’s active plan at the time of disconnection;
iii. The Customer shall pay the monthly equipment rental charge to GTT for the period in which the Services have been disconnected i.e., for every month the service remains disconnected; and
iv. the Customer shall pay the pro-rata sum of the monthly recurring charge of the month in which the Service is reconnected by GTT.
c. If the Customer’s service remains disconnected for a period of ninety (90) days from the initial date of disconnection,then GTT, in its sole discretion, will have the option of terminating the Customer’s service permanently. At this time, the Customer shall be under the obligation to pay GTT all outstanding charges pursuant to this Clause 6.
d. Upon termination of the service, GTT shall be given unlimited access by the Customer to the Customer’s premises to remove the Equipment. If GTT is unable to remove the Equipment from the Customer’s premises within five (5) days because of the Customer’s acts, omissions, or refusal to permit GTT access to the Customer’s premises, then the Customer will be charged a penalty of Thirty-One Thousand Dollars ($31,000.00). This penalty will not replace GTT’s power to remove the Equipment, as charges pursuant to this Clause 6, and is subject to change by GTT without any prior notice to the Customer.
e. If the Service is terminated by GTT, the Customer will remain fully liable and responsible to pay any fees that are still owed to GTT by the Customer pursuant to this Clause and this Agreement as well as all costs GTT incurs to collect such amounts including without limitation collection costs and fees.
6.2. Upgrades
The Customer may upgrade the speed or capacity of the Services without incurring Termination Charges provided that:
a. the Upgraded Service must have the same points of termination on GTT network as the existing service. If the upgraded service is at a different location, the Customer may be required to pay removal, transfer and/or installation charges, at GTT’s sole discretion thereof;
b. Customer applies to GTT for the upgraded service and that application is accepted by GTT;
c. Customer pays GTT applicable nonrecurring charges for the upgrade, if applicable; and
d. Customer agrees to pay the applicable monthly recurring charges for the upgraded service commencing with the upgrade.
6.3. Downgrades
The Customer may downgrade the speed or capacity of an Existing Service at any time provided that the Customer maintains the Service for the remainder of the applicable term.
7. ADDITIONAL INFORMATION -
As necessary for the provision of the Services, GTT may request from the Customer and the Customer hereby agrees to provide to GTT requisite information and documents including without limitation, incorporation/business registration documents, identification documents, proof of address, circuit facility assignment information, firm order commitment information and design layouts necessary to enable GTT to provide the Services.
8. WARRANTIES
8.1. The Customer acknowledges that GTT is not the manufacturer of the Equipment and as such, the Customer agrees that as between the Customer and GTT, the Equipment leased hereunder is of a design, size, fitness, and capacity selected by the Customer and the Customer is satisfied that the same is suitable and fit for its intended purpose.
8.2. The Customer further acknowledges that GTT makes no representation or warranty of any kind, express or implied, with respect to the Equipment, its merchantability, or its fitness for a particular purpose. GTT shall not be liable to the Customer or any other person for direct, special, consequential, indirect, or incidental damages arising from the Customer’s use of the Equipment, any defect or malfunction of the Equipment, or for damages based on strict or absolute tort liability or GTT’s negligence.
8.3. The Customer acknowledges that the Services are not fault free and the quality and availability of the Services may be affected by factors outside the control of GTT such as local geographic or physical obstructions, atmospheric conditions, and other causes of radio interference as well as other telecommunication faults. The network and the Services may also from time to time require upgrading modification maintenance or other works that may also result in the Services or any part thereof becoming temporarily unavailable. GTT however undertakes to act on such interferences promptly.
8.4. The Customer shall be entitled to the benefit of any applicable manufacturer's warranties received or held by GTT or from which GTT otherwise benefits, and to the extent assignable, GTT hereby assigns such warranties to the Customer for the Term.
9. INDEMNITY
9.1. Definition of Losses. For the purposes of this Clause, “Losses” means all losses, liabilities, damages, and costs (including Taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation, and settlement).
The Customer shall indemnify, defend and hold GTT, its respective officers, directors, employees, agents, affiliates, successors and assigns, harmless from and against any and all Losses arising out of or relating to: (i) a breach by Customer or its representatives, employees, students, faculty members and/or agents (collectively referred to as “Affiliates”) of any material representation of warranty provided under this Agreement; (ii) a breach by Customer of the confidentiality provisions of this Agreement; and/or (iii) the death or injury of or damage to any person, or real or personal, tangible or intangible personal property to the extent such injury or damage is proximately caused by Customer’s or its Affiliates’ negligence, acts and/or misconduct; or (iv) a claim by a third party that the content, use and/or publication of information and communications transmitted by Customer or its customers or authorized end users using the Services, or accessible to third parties through the use by Customer or its customers or authorized end-users of the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims.
10.FORCE MAJEURE-
Other than with respect to failure to make payments due hereunder, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by: fire; flood; earthquake; the elements; lightning; explosion; war; act of terrorism; strike; embargo; labor dispute; utility curtailments; power failures; government requirement; civil or military authority; act of god or nature; inability to secure materials or transportation facilities; act or omission of carriers or suppliers (other than the parties themselves); acts or failures to act of any governmental authority; computer viruses or worms; ‘denial of service’ attacks, DNS spoofing attacks and/or other hacking attacks of a similar nature (provided that the Parties have taken reasonable steps to prevent such hacking attacks) or any other causes beyond its reasonable control, whether or not similar to the foregoing providing that for any cause of force majeure the parties have taken reasonable steps to prevent such an event. Failure of either party to perform under this Agreement, because of the occurrence of an event of force majeure lasting more than forty-five (45) days will, upon twenty-four hours written notice to the other party, represent a ground for termination only of the service affected.
11. REGULATORY MATTERS; COMPLIANCE WITH LAWS; USE OF SERVICES AND SOFTWARE; ACCEPTABLE USE POLICY.
11.1. GTT, upon reasonable notice to the Customer, may cancel or suspend the provision of the whole or any part of any Service, which is determined to be a violation of, or no longer permitted under, any applicable law or regulation, or of GTT’s license in the jurisdiction. GTT will make reasonable efforts to restore the Service or provide a permitted functionally equivalent substitute service on terms to be agreed.
11.2. The Customer will ensure that neither it nor its Affiliates, or other authorized third-party end users interfere with or disrupt other users of the Services or of the GTT Network. The Customer will use the Services only for the purposes for which it is designed and provided.
11.3. The Parties shall comply with their licenses and all Laws applicable to this Agreement and to their respective businesses.
11.4. The Customer warrants that it, its Affiliates and/or other authorized third-party end users of the Customer will obtain all required licenses and permits, and will comply with any laws, which may be applicable to the provision and use of the Services by such authorized third-party end users of the Customer.
11.5. GTT hereby grants to the Customer a personal, non-exclusive, non-transferable license during the term of this Agreement to use, in object code form, all software and related documentation owned by GTT (“Licensed Material”) which may be furnished to the Customer under this Agreement solely for use with the Services ordered. Any Licensed Material furnished to the Customer under this Agreement shall not be reproduced or copied in whole or in part, by the Customer, and will be returned to GTT at the conclusion of the term (or earlier termination) of this Agreement.
11.6. The Customer is solely responsible for
(a) content of information and communications transmitted using the Services, and
(b) use and publication of communications and/or information using the Services. The Customer understands and agrees that GTT is only an intermediary for the transmission of the Customer and third-party information, that GTT plays a passive role as a conduit of information for the Customer and third parties, and that GTT neither initiates the transmission of information, selects the receivers of the transmission, nor selects nor modifies the information contained in the transmission.
11.8. The Customer shall perform its obligations under this Agreement in a commercially reasonable, ethical, and professional manner and in accordance with applicable legal requirements.
11.9. The Services are provided to the Customer strictly for the Customer’s own internal use, and Customer shall not use, sell or resell the Services, either alone or as combined with other products and services, to provide voice, data, video, information, Internet, bandwidth, traffic termination, traffic routing, or other telecommunications or communications products or services to or for the benefit of any third parties unless GTT, in writing, permits the Customer to do. To the extent that the Customer violates this provision, in addition to any other rights and remedies that GTT has under this Agreement and the laws of Guyana, the Customer shall be obligated to pay to GTT for the Services provided in breach of this Agreement and clause at the retail rates that GTT would have charged for the same or similar services at the relevant time as well as any other ancillary charges.
11.10. The Customer undertakes not to route any traffic or transmission by a route other than that established or approved by GTT for providing the Services.
12. GOVERNING LAW.
12.1. The laws of the Guyana will govern the validity, the interpretation and performance of this Agreement, with all actions brought in the courts in Guyana.
12.2. Each party hereby waives, to the fullest extent permitted by applicable laws, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or the Services or transactions contemplated hereby (whether based in contract, tort, or any other theory).
13. NOTICES-
All notifications, requests, rate changes, demands and other communications required or permitted under this Agreement (“Notices”) will be in writing by email and addressed to the recipient Party at the address(es) inclusive of the email addresses specified by the Parties.
14. GENERAL
14.1. Intellectual Property Rights
a. Acquiring a Service does not give the Customer any property rights or beneficial interest in any part of the GTT Network. Neither the supply of any GTT Equipment to, nor use of any Equipment by the Customer or any end user gives any beneficial interest in that Equipment.
b. All property rights (including without limitation copyright, trademarks, design, and other intellectual property rights) contained in or relating to any software, equipment or other materials forming part of the Services or otherwise provided by GTT, belong to GTT or its licensors.
c. Neither party will use the name, trade name or logo of the other party without that party’s prior written consent, except that the Customer may use the name, trademark, or logo of GTT in referring to GTT as a telecommunications provider to the Customer.
14.2. Independent Contractors- GTT and Customer are, and shall be deemed to be, independent contractors with respect to the subject matter of this Agreement. Nothing contained herein shall constitute this arrangement to be a joint venture or a partnership between GTT and Customer.
4.3. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other, except that GTT may freely assign this Agreement or any portion thereof and may freely assign its right to receive payments hereunder. Any assignment, transfer or other disposition which is in violation of this Section is void and of no force and effect.
14.4. Subcontracting. GTT, without the Customer's consent, may subcontract the provision of a Service, or a portion of a Service, if GTT will continue to be liable for the performance of such subcontractors under the terms of this Agreement.
14.5. Customer Data. Notwithstanding anything to the contrary, the Customer agrees that GTT may process personal data (for example, contact details) provided by the Customer in connection with this Agreement (hereinafter, “Customer Data”) for the purpose of this Agreement and/or for purposes connected with the Service and/or business relationship between the Parties, consistent with applicable law and regulation. The Customer confirms that it has obtained all necessary consents to such processing from the data subjects concerned. Such processing may also include transferring Customer Data to other GTT Affiliates worldwide and/or its storage in a local or foreign database.
14.6. Publicity. Neither Party will publish or use any advertising, sales promotions, press releases nor did other publicity, which uses the name, logo, trademarks, or service marks of the other without the prior written approval of the other, provide either Party might list the other as a supplier/customer of the services provided hereunder.
14.7. Non-Disclosure. Each Party acknowledges that it may have access to confidential or proprietary information of the other party. Accordingly, the provisions of this Agreement, proprietary information and/or trade secrets of a Party, any information identified by the disclosing Party as confidential, and any information that by the circumstances of disclosure or the nature of the information itself should be treated confidentially (together the “Confidential Information”), shall be treated by all Parties on a confidential basis. Neither Party shall, unless required by law, disclose the other party’s Confidential Information without the prior written consent of the other Party. Upon a Party’s request or the termination or expiration of this Agreement, such Confidential Information, including copies thereof, shall be returned by the receiving Party or, if the disclosing Party elects, shall be destroyed.
14.8. No Waiver. No waiver of any term or condition of this Agreement shall be enforceable unless it is in writing and signed by the Party against whom it is sought to be charged. No failure or delay by either Party in exercising any right, power or remedy will operate as a waiver of any such right, power or remedy unless provided herein. The waiver by either GTT or the Customer of any breach of this Agreement by the other in a particular instance will not operate as a waiver of subsequent breaches of a same or different kind.
14.9. Amendment. This Agreement may be amended by GTT providing at least three (3) days’ written notice to the Customer.
14.10. Binding Effect. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect, and such provision will be deemed to be amended to the minimum extent necessary to render it enforceable.
14.11. Survival. Termination of this Agreement shall not affect either Party's accrued rights or obligations under this Agreement as they exist at the time of termination, or any rights or obligations that either expressly or by implication continues after this Agreement has ended.
14.12. No Third-Party Beneficiary. This Agreement is not intended to be for the benefit of any third party, is not enforceable by any third party, and will not confer on any third party any remedy, claim, right of action or other right.
14.13. Mutual Intent. The language used in this Agreement is deemed the language chosen by the Parties to express their mutual intent. No rule of strict construction shall be applied against either Party.
14.14. Remedies. Except as may otherwise be provided herein, the assertion by a Party of any right or the obtaining of any remedy hereunder shall not preclude such Party from asserting or obtaining any other right or remedy, at law or in equity, hereunder.
14.15. Entire Agreement. This Agreement, Schedules, and other attachments incorporated herein represent the entire agreement between the Parties with respect to the subject matter hereof and supersedes and merge all prior agreements, promises, understandings, statements, representations, warranties, indemnities, and inducements to the making of this Agreement relied upon by either Party, whether written or not. No change, modification, or waiver of any of the terms of this Agreement will be binding unless included in a written agreement and signed by an authorized representative of GTT and the Customer.
14.16. Counterparts; Electronic Signature. This Agreement will be deemed signed by the Customer when the Customer accepts the terms and conditions during the application process for the Service and signed by GTT when such completed application is accepted by GTT subsequently.
