Authorization Agreement

I hereby authorize Spanish Fork City Corp. to initiate automatic withdrawals from my account at the financial institution named below.  I understand that payment will be deducted from my account on the due date of each month or the following business day if the due date is on a weekend or holiday.  

I understand that I am responsible to pay a returned item fee as specified by the City for any automatic debit that is returned to Spanish Fork City for any reason.  In addition, I understand that I will be removed from automatic withdrawals and that a $200 deposit will be required.

Further, I agree not to hold Spanish Fork City Corp. responsible for any delay or loss of funds due to incorrect or incomplete information supplied by me or by my financial institution or due to an error on the part of my financial institution in withdrawing funds from my account.

This agreement will remain in effect until Spanish Fork City Corp. receives a written notice of cancellation from me or my financial institution, or until I submit a new/updated ACH Autopay form to Spanish Fork City.

I understand that if I make a payment using another payment method (i.e. in office with cash or check or online with a card) after the 15th of the month, my automatic payment may still be deducted on the due date by Spanish Fork City and I assume responsibility for any bank/credit union fees that may result.

Routing Number:   first 9 digits

Account Number:  digits in between the routing number and the check number

LANDLORD AGREEMENT FOR CONTINUED SERVICE 

COME NOW, Spanish Fork City, a Municipal Corporation of the State of Utah, hereinafter CITY, and Property Owner listed above, hereinafter PROPERTY OWNER, who recite and agree as follows:

1. CITY supplies utility service to property belonging to PROPERTY OWNER located at rental property address(es) indicated above.

2. PROPERTY OWNER rents the property to other individuals and desires that the person or persons renting the property from PROPERTY OWNERS be responsible to pay utilities utilized by them. 

3. The foregoing notwithstanding, in the event the premises are vacated, PROPERTY OWNER desires that utility service not be terminated but continue until a substitute tenant or entity contracts with the CITY for the provision of utility services. 

4. It is therefore agreed that in the event any service contract for the provision of utilities at the above address is terminated for any reason that the undersigned shall immediately become responsible for the payment of utilities provided to the address at the rates and in accordance with the regulations as established by the Spanish Fork City Council, including the minimum charges for all utility services, PROPERTY OWNER shall have the right to avoid minimum utility service charges only by requesting the CITY to terminate utility service to the premises. If PROPERTY OWNER's Landlord account is past due and a tenant of PROPERTY OWNER tries to sign in for utilities, the tenant will not be allowed to sign in until PROPERTY OWNER's Landlord account is paid current.

5. The City requires free unobstructed access to all utility meters at all times. 

6. CITY agrees that upon termination of the service contract, utility bills will be sent by United States Mail postage prepaid, to the PROPERTY OWNER at the Property Owner's Mailing Address shown earlier in this document.

7. Notice of termination of the contract and the establishment of a new account with an accordance with this agreement shall be sent upon termination to the address provided in paragraph 6, preceding by United States Mail postage prepaid. Notice shall be complete upon mailing. 

8. It shall be the duty of PROPERTY OWNER to notify CITY of any change of address to be used for the purposes specified in paragraphs 6 and 7. 

9. In the event payment is late, a 5% late fee will be assessed. There will be a charge on all returned checks in the maximum amount allowed by state law, and PROPERTY OWNER agrees to pay the same. Utility service is subject to city ordinances and policies established by the Spanish Fork City Council. 

10. In the event that an account is placed with a collection agency for collection, PROPERTY OWNER shall be responsible for all collection costs incurred including a collection fee of up to 40%, pursuant to the provisions of Utah Code Ann. §12-1-11. 

11. PROPERTY OWNER hereby warrants and affirms that the information provided on this form is true and correct to the best of their knowledge. FAILURE TO PROVIDE TRUE AND ACCURATE INFORMATION MAY SUBJECT YOU TO CRIMINAL PROSECUTION UNDER UTAH CODE §76-8-504. PROPERTY OWNER affirms, understands, and agrees to comply with the provisions of this agreement.

By signing the RESIDENTIAL UTILITIES CONTRACT which is also part of this form you are also agreeing to the terms set forth in this LANDLORD AGREEMENT FOR CONTINUTED SERVICE. 

SPANISH FORK COMMUNITY NETWORK INTERNET SERVICE AGREEMENT

SERVICE PROVIDED: Spanish Fork Community Network (SFCN) will furnish and install facilities necessary to provide high speed access to the Internet to a personal computer(s) of Customer. Service and equipment are furnished for use by Customer for personal, non-business purposes. Customer warrants that he/she is at least eighteen (18) years of age. Customer agrees not to use the Service to operate as an Internet Service Provider (ISP), to resell or redistribute the Service, nor to operate any other business enterprise. Only SFCN supplied cable modems are permitted on the SFCN system. Modems are provided at no additional monthly cost.

SOFTWARE SUPPORTED: Internet Access will only assure the operation of the following software: Microsoft Internet Explorer or Netscape Communicator. SFCN assumes no responsibility for installation or assistance with regard to any software currently owned by Customer or purchased by Customer. SFCN does not restore or reconfigure customer's home computer(s) upon termination.

SERVICE AVAILABILITY: Service may not be available in all areas of the city. Service may be temporarily refused, limited, interrupted, or curtailed due to various factors. SFCN will make reasonable efforts to assure that the Service is available to customer 24 hours per day, seven days per week. It is possible, however, that there will be interruptions of service.

INSTALLATION: The initial routing of the cables on Customer's premises necessary for the provision of Internet Access shall be in a location agreed to between SFCN and Customer. Any relocation of the Internet Access cabling or facilities for the convenience or at the request of Customer shall be paid for by Customer. Customer grants to SFCN the right to enter upon the premises, after reasonable notice, for the purposes of installation, maintenance and repair of said facilities and equipment, and, upon termination of the agreement, to permit SFCN to enter the premises for the purpose of removing any equipment.

Once the installation has been completed in a specific residence, SFCN is not responsible for removing any equipment or facilities should service be terminated, whether by subscriber, SFCN or subsequent resident. Customer understands all hardware and/or software provided by SFCN and installed with the service remains the exclusive property of SFCN and must be returned promptly at the time of disconnection from service. SFCN may charge the actual cost for all equipment lost, stolen, non-returned, or damaged. Customer agrees not to attempt to service, modify or otherwise tamper with any equipment furnished to customer.

LIMITATION OF LIABILITY: SFCN shall have no liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the installation, service, or transmission of service provided by SFCN or any underlying communications carrier. SFCN shall have no liability for losses or damages arising out of the failure of SFCN or underlying communications carrier to maintain proper standards of maintenance and/or operations.

SFCN treats private communication on or through its network as strictly confidential and does not disclose the contents of private communications. However, customer acknowledges that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. SFCN does not warrant Customer will not be subject to unauthorized access by others or that other users will not gain access to Customer's home computer. SFCN is not liable to Customer for any claims, loss, damages, or costs which may result from lack of privacy on the system.

DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES: SFCN makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose, including quality of data transmission. Customer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties.

OPERATING RULES: Customer agrees not to publish on or over the internet content which violates or infringes upon the rights of any other. Customer agrees to accept electronic mail communications from SFCN from time to time in the interest of providing timely information about the services provided. Customer acknowledges that internet systems may carry material which may be considered inaccurate, infringing, abusive, profane, sexually offensive, or otherwise unsuitable. SFCN is not liable to Customer for any claims, loss, damages, or costs which may result from such material. Customer agrees to supervise and be totally responsible for the conduct of any minors or others who may access the Service under customer account.

SFCN does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service, or content provider. All content from other parties accessed via the Service by customer is done at customer's own risk.

CUSTOMER USE: The items listed in this section are prohibited and may result in termination of service, recouping costs for repair or service loss, or criminal prosecution. Customer agrees not to use the Service or any equipment or software provided by SFCN: For any illegal purposes; To attempt or achieve unauthorized access to any host, network, or account; To achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, confidential proprietary information, defamatory material, trademarks or service marks used in an infringing fashion, or trade secret law; To copy, distribute or sublicense any software provided by SFCN, except that customer may make one copy of each software program for back-up or archival purposes only; For excessive data transfer which interferes with the experience of other users; To interfere with access to the Internet by other customers or disrupt the network used by SFCN; To harass, threaten, embarrass or cause distress, unwanted  attention or discomfort  upon another user; To post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material that is not constitutionally protected free speech; Except where and when specifically permitted, customer may not upload or post: Any files, text, or data anonymously or under a false name; Any files which contain viruses, worms, "Trojan horses" or any other contaminating or destructive properties; For disruption of internet communications via port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload  a service and attempts to "crash" a  host; Using any script/program/command designed to interfere with a User's terminal session. Use E-mail, including, but are not limited t6:  Harassment, whether through language, frequency, size of messages, or malicious mail; Sending unsolicited material to individuals who did not request such mail and refusing to honor a recipient's request to stop the mail. Creating or forwarding "chain letters" or "pyramid schemes." Unauthorized use or forgoing of mail header information.

In the event of customer violation of any of the above, SFCN reserves the right, in its sole discretion, to take any one or more of the following actions: Remove those materials from the SFCN system that violate these policies; SFCN reserves the right to collect damages and/or pursue prosecution if any harm is done to SFCN; Terminate this Agreement and prohibit customer's continued use of the Service.

FEES AND CHARGES: The Customer shall pay SFCN the full monthly service charge applicable to the service rendered, which amount shall be due as shown on the billing statement from the City each month.  Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the Customer has applied and received, and is subject to change without notice to the Customer. Termination prior to the end of a long-term contract will result in Customer being assessed the higher monthly fee for the number of months service was received prior to termination, plus installation charges.

Installation fees are due with the first billing. Monthly charges are due upon receipt of customer bill. A late fee, collection charge, and other costs, including attorney’s fees, associated with collection activity may be assessed for any delinquent account. In the event this account is placed with a collection agency for collection, CUSTOMER shall be responsible for all collection costs incurred, pursuant to the provisions of Utah Code Ann. §12-1-11. SFCN may terminate service without notice on any delinquent account and should service be reinstated; a reconnection charge will apply.

SEVERABLE PROVISIONS: If any part of this Agreement is contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.

ASSIGNMENT: This Agreement, including any customer rights or obligations hereunder, shall not be assigned by customer, in whole or in part, by operation of law or otherwise.   Any attempt to sub-license, assign or transfer this Agreement, or any rights of customer herein, without the prior written consent of SFCN shall be null and void.

TELEPHONE SERVICE AGREEMENT

 This Services Agreement ("SA") is incorporated into and made a part of the Service Agreement(s) to which it is attached between Spanish Fork Community Network, ("SFCN") and the named customer ("Customer").

1. DEFINITIONS/SCOPE. The Customer agrees to subscribe to the telecommunications services (the "Services") offered by SFCN (or corporate affiliates/third parties under agreements with such) as described in the Service Agreement, and this MSA (collectively, the " Agreement"), which are incorporated herein, and made a part hereof, by reference. In the event of a conflict between the terms and conditions contained in this Agreement and any of the Schedules or the SLA, the terms and conditions of the Schedules or SLA shall govern. SFCN reserves the right to unilaterally amend all terms and conditions including pricing in response to, among other things, regulatory changes or third-party costs beyond the control of SFCN that materially alter the feasibility or economics of the Services provided by SFCN hereunder.

2. TERM. Unless otherwise specified, the term of this Agreement shall commence the date of execution of the Agreement, or if earlier, on the Service Activation Date (the "Effective Date").

3. CHARGES AND EXPENSES OF COLLECTION. Charges under this Agreement accrue from the Service Activation Date.  SFCN shall invoice, and Customer shall pay, within thirty (30) days following the date of any invoice (the "Due Date"), all monthly recurring charges for Services provided under this Agreement, in addition to any federal and state taxes, surcharges and other governmental impositions (e.g., end user common line charges, federal, state and local use, excise, sales and privilege taxes; surcharges related to universal service programs, emergency telephone service (911/E-911) and telecommunications relay service for the hearing impaired; payphone surcharges; and other similar surcharges for required programs). Customer shall also pay, as invoiced, for any one-time charges for initial installations or other   non- recurring charges, Customer shall pay the recurring charges monthly. All costs and expenses, including but not limited to attorneys' fees, expenses, court costs, and service charges, incurred by SFCN in collecting payment for any amount due under the Agreement (e.g., monthly recurring charges, one-time charges, early termination charges) will be an expense of and charge to Customer.

4. DIRECTORY LISTING. For Local Line Services, Customer's name, address, telephone number and any other information listed on the Agreement are certified as correct by the Customer, and it is understood and agreed that Customer's white page directory listing will appear using that information. It is Customer's sole responsibility to inform SFCN in writing of any change in the information at least 90 days prior to the local telephone directory issue date, which will be provided to Customer upon request. Customer releases SFCN from any and all damages related to or arising out of telephone number publication or distribution and/or related to any error, including listing omissions or errors, pertaining to a directory listing.

5. 911/E-911. Prior to the initialization of service, the Customer shall provide accurate End User name and address information where the service will first be utilized (also known as " Registered Location") for the purpose of updating the E-911 database. If the End User address provided on a work order does not convert to a valid Master Street Address Guide (also known to as the "MSAG") address for the End User locality, SFCN will notify Customer and stop all processing of the order until Customer provides an MSAG-compatible address.  Customer assumes all responsibility for the accuracy of the End User data that Customer provides to SFCN for entry into the E-911 database. Customer bears the responsibility to notify SFCN of any changes to the End-User Data. Customer shall indemnify and hold SFCN harmless from any claims, damages, or suits related to the accuracy of data provided by Customer for inclusion in the E-911 database.  Customer will provide (and update as necessary) SFCN with accurate information related to E-911 Service.  Customer Acknowledges and understands that the Voice Service supports E-911 and access to emergency services only if the service is operated from the service location of record and then only if subscriber has an active connection to the service, in accordance with the terms of the User Agreement. Subscriber acknowledges and understands that if there is a service outage (even related to extended Power outages) for any reason, such outage may prevent all voice service, including 911 dialing. Customer also acknowledges that it may take SFCN up to thirty (30) days to get the correct address information to E-911 database and that during that time the E-911 database may have the wrong address information. Customer will indemnify and hold SFCN, its affiliates, directors, officers, employees and agents from and against all claims, demands, actions, causes of action, damages, liabilities, losses and expenses (including reasonable attorney’s fees) incurred as a result of any act or omission, representation or statement by Customer related to E-911 Services.

6. SERVICE OUTAGES AND SERVICE LEVEL AGREEMENT.  Customer acknowledges, agrees, and understands that there is the possibility of an unscheduled, continuous, and/or uninterrupted period of time during which the Service does not conform to the Service Level Agreement ("SLA") as set forth by SFCN. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CUSTOMER AGREES THAT ITS SOLE

AND EXCLUSIVE REMEDY, AND SFCN'S SOLE AND EXCLUSIVE OBLIGATION, IN THE EVENT OF ANY BREACH OF THIS AGREEMENT OR OF THE PERFORMANCE LEVELS IN THE SLA, OR FOR ANY OTHER REASON, SHALL BE FOR SFCN, AT ITS OPTION, TO REPLACE AND/OR REPAIR THE DEFECTIVE SERVICES IN ACCORDANCE WITH THE TERMS OF THE SLA.

7. LIMITATION OF LIABILITY. SFCN MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN CONSIDERATION OF THE RATES AND CHARGES SPECIFIED HEREINAND THE DISCOUNT APPLIED IN CONNECTION THEREWITH, SFCN’S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY AGAINST SFCN FOR THE FAILURE OF ANY SERVICES PROVIDED UNDER THIS AGREEMENT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THIS AGREEMENT, SHALL BE LIMITED TO

A REFUND OF THE AMOUNTS PAID TO SFCN DURING THE PERIOD OF TIME THAT THE SERVICES CONTRACTED BY CUSTOMER FROM SFCN WERE INTERRUPTED OR NOT PROVIDED AS REQUI RED. IN NO EVENT SHALL SFCN BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUES, PROFITS, OR GOODWILL OF ANY KIND, WHETHER OR NOT SFCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAES COULD HAVE BEEN OR ACTUALLY WERE CONTEMPLATED BY THE PARTIES.

8. FORCE MAJEUR E. If performance by SFCN of any obligati on under this Agreement is prevented, restricted or interfered with by causes including without limitation failure or malfunction of Custom er-supplied equipment ,  acts of God, explosions,  vandalism,  cable cut, storms, fires, floods or other catastrophes, power failure, national emergencies, insurrections, riots, wars, strike, lockouts, boycotts, terrorism, work stoppages or other labor  difficulties,  or any  law, order,  regulation  or other actions  of  any  governmental  authority,  agency,  instrumentality, or of any civil or military authority, then SFCN shall be excused from such performance on a day-to-day basis to the extent of such restriction or interference. SFCN shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance with reasonable dispatch.

9. ADDITIONAL PROVISIONS. This Agreement will not be assignable by Customer without the prior express written consent of SFCN. The Agreement, including any Schedules, the SLA, Addenda, and any product-specific terms and conditions, constitutes the entire understanding between Customer and SFCN and supersedes any prior agreements or understandings, whether written or oral. In the event of any conflict between this Agreement and the terms and conditions of any SLA and/or Schedule, the order of precedence is as follows: (1) the SLA, (2) this Agreement, and (3) the Schedule. If any part of a provision of this Agreement is invalid or unenforceable said part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of said provisions of this Agreement. This Agreement shall be governed by the laws of the state of Utah. No failure by either party to enforce any right(s) hereunder shall constitute a waiver of such   right(s).

10. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless SFCN, its employees and agents, from any and all losses, costs, damages, liabilities, actions, causes and action and expenses, including reasonable attorney’s fees, arising out of, in whole or in part, directly or indirectly, as a result of or attributable to the use of the Services by Customer or any other person or party including any claims for libel, slander, or infringement of copyright or trademark.

11. NO RESALE. SFCN Services are for Subscribers ' own personal and/or business use and Subscribers shall not, under any circumstances, resell, retail, repackage for sale, distribute or wholesale or otherwise commercially distribute the services described herein by itself or in conjunction with any other services provided by Subscribers.

12. GENERAL CONDUCT. The SFCN Network and Services must be used in a manner that is consistent with the intended purpose of the SFCN Network and Services and may be used only for lawful purposes. Subscribers shall not use the SFCN Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (b) that may expose SFCN to criminal or civil liability. Subscribers are further prohibited from assisting any other person in violating any part of this policy.

Spanish Fork Community Network TV Service Agreement

Service shall be provided in accordance with municipal ordinances and resolutions as requested on this form at rates as established by ordinance or resolution of the Spanish Fork City Council, provided that the city shall not be responsible for the failure to deliver services by reason of strikes, accidents, acts of God, weather conditions, natural disasters - whether declared or undeclared, state or other governmental or any other act, contingency or bar beyond the City's control.

CUSTOMER shall pay such fee and deposits as shall be established by the city and shall further be subject to termination of services upon non-payment of failure to comply with rules, regulations, ordinances or laws as established by the city. CUSTOMER agrees to be bound by the utility policy of the city and also the terms and conditions of the Rate Schedule and to pay applicable rates as established by the city council. There will be a charge on all returned check in maximum amount allowed by state law and CUSTOMER agrees to pay the same. Cable TV and Internet service is subject to city ordinances and policies established by the Spanish Fork City Council.

CUSTOMER agrees to waive tis rights against City resulting from liability, loss, damage, claim or expense resulting from City's on-site installation except in cases of gross negligence or willful misconduct. Installation of cables on Customer's premises necessary for the provision of Cable TV and/or Internet access shall be in a location agreed to between City and Customer. Any relocation of the cabling or facilities for the convenience or at the request of Customer shall be paid for by Customer.  Customer grants to City the right to enter upon the premises after reasonable notice, for the purpose of installation, maintenance and repair of said facilities and equipment, and upon termination of the agreement, to permit City to enter the premises for the purpose of removing and equipment. Once the installation has been completed in a specific residence, City is not responsible for removing any equipment or facilities should service be terminated, whether by subscriber, City, or subsequent resident. City may charge the actual replacement cost for all equipment cost for all equipment lost, stolen, non-returned, or damaged   Customer attempt not to attempt to service, modify or otherwise tamper with any equipment furnished to customer. 

In the event this is placed with an attorney for collection, either with or without suit, CUSTOMER shall be responsible for all court cost and reasonable attorney's fees incurred thereby.

Spanish Fork City Library is located at 80 South Main.  Residents may use the library at no cost.  If you sign up for a library card, library staff will contact you to complete your account.

Additional Library Information

Library User Agreement

I understand that I am responsible for all material checked out on the card(s) associated with this application, whether by myself or anyone else. I agree to pay the replacement costs for any lost or damaged materials, including attorney's fees, administrative fees, and cost incurred by the city in collecting or recovering these costs.