By utilizing Dan’s Networks for infrastructure work, you agree and acknowledge the following terms and conditions.

1. Project Constraints
   

Dan’s Networks will be providing qualified resources to perform all tasks, however constraints related to the lack of adequate resources/supplies/parts outside the control of Dan’s Networks’ scope of work that force parallel activities to be performed or a reschedule are possible.

Examples of no-fault issues are:

• Logistics of parts or supplies not supplied by Dan’s Networks
• Access to MDF, IDF or other critical locations
• Required parts/supplies not onsite or delivered on time
• Management or other personnel delays
• Client Rescheduling
• Aborts due to preparedness after schedule has been set
• 3rd-party Vendors not adhering to schedule
• Client authoritative change of DN’s normal installation processes and procedures that result in extra time.

2. Scheduling

Scheduling is an inexact process in that it tries to predict the future. While at this time it is not possible to know with certainty issues, Dan’s Networks will apply every effort to utilize time tested techniques to achieve the schedule.  Work shall commence and be completed within the time frames set forth in proposal, estimate or agreement. Failure to meet schedule goals is most often due to unrealistic, passive project execution, unforeseen problems, or things overlooked in the plan. Scheduling progress will be plotted against the baseline schedule given.

There will be a $175 site not ready fee if we are not notified by the Client or by any of their Vendors and our Technicians and Engineers arrive on site for servicing. If there is a significant delay in our ability to perform services while we are onsite, normal hourly charges will apply.

3. Disclaimer

As we make every effort to provide an issue free install by using qualified and experienced technicians, there may be times when issues can not be unavoidable (e.g. rewiring facility due to unlabeled, improper and unsafe cabling intertwined with other premise cabling and causing disruption of service when abandoned cable is removed, installed, etc…) however it will be the responsibility of the Client to make any necessary repairs and assume responsibility of costs associated.

4. Installation Process and Standards

Installation will be performed in a professional manner using the best practices in the industry. Best practices shall include, but not be limited to:

• Components of the system shall be installed in a neat, workmanlike manner.
• Client wiring color preference will be observed whenever possible and terminations shall be uniform throughout the system.
• All grounding conductors will be rated CMP and will be neatly tied in bundles and properly secured.
• All installation will be done in conformance with EIA/TIA 568B.3 standards Design and Installation guidelines. We will ensure that the maximum pulling tensions of the specified distribution cables are not exceeded and cable bends maintain the proper radius during the placement of the facilities.
• Standard service loop of 10 feet will be coiled up and tie strapped to ceiling above each data drop location if can be done.
• Horizontal fill ratios for conduit, cable trays, raceways and ducts shall conform to standards and manufacturer recommendations
• Standards for separation distances from sources of electromagnetic interference are currently under study. Minimum clearance between cables and power sources until the new guidelines are available are found in EIA/TIA 569.
• Appropriate attention will be given to the handling of copper and optical fiber cables to ensure that bending radius conforms to the manufacturer’s requirements. At no time will the cable’s static or dynamic bending radius be exceeded.
• In suspended ceiling and raised floor areas where floor duct, cable trays or conduit are not available, we will bundle station wiring with plastic cable ties at appropriate distances. The cable bundling shall be supported via “J” hooks attached to the existing building structure and framework.
• Non-Plenum cable will be used in all appropriate areas. Plenum cables will be used when required. If the interior of walls are not obstructed, we will conceal horizontal distribution wiring internally within the walls. If such obstructions exist, we will secure approval prior to the use of an alternate method.
• Sealing of openings between floors, through rated fire and smoke walls, existing or created by Dan’s Networks for cable pass through will be resealed.
• We will supply printed labels for all cables and cords, distribution frames, and outlet locations. No labels will be written by hand. Identification markings and systems shall be uniform. All cable terminations are labeled at the MDF, IDF and at the station. Consecutive numbering should be used around the workstations or offices for all jacks: e.g. voice jacks V02A and B are in the same station face plate as data jacks D02A and
• The length of each individual run of horizontal cable shall not exceed 295 ft.
• Each run of cable between the termination block and the information outlet shall be continuous without any joints or splices.
• In the event it is required to remove ceiling tiles to install cables, we will make every effort not to break or disturb grid. We WILL NOT attach cables to lift out ceiling grid supports or laid directly on the ceiling grid.
• Cables will not be attached to or supported by fire sprinkler heads or delivery systems or any environmental sensor located in the ceiling air space.
• Sealing material and application of this material will be accomplished in such a manner which is acceptable to the local building codes or fire and building authorities having jurisdiction over this work.

5. Warranty

Dan’s Networks uses high-performance cable and quality TIA/EIA compliant components for optimal network performance. Every cable installation is properly performed in accordance with industry standards and methodologies, tested for connectivity and backed by up to a 25 year manufacturer warranty. Our 15 year warranty covers ALL cables installed, tested and registered in a structured cabling system for a period of 15 years by our qualified technician.  We provide that any structured cabling products used in the horizontal and backbone cabling system will be free from material defects and workmanship defects for up to 15 years when installed and maintained by a Dan’s Networks certified installer. We warrant that our installation practices and workmanship will adhere to all standards or we will fix/repair any installation at our cost. Warranty will immediately become void if any third party contractor modifies, changes, removes or adds to the existing structured cabling system not in accordance with proper BICSI standards. Our warranty will not cover third party modifications, changes, removes or additions to the existing structured cabling system

6. Event of Force Majuere
   

Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfill its or their obligations under the contract. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised program rescheduling the works to minimize the effects of the prevention or delay caused by the event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. The contractor has no entitlement and the project company has no liability for: (a) any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and (b) any delay costs in any way incurred by the contractor due to an event of force majeure.

7. Scope of Work Changes
   

The Agreement may only be modified by written change order signed by both Owner and Contractor, and Contractor shall have no claim for any extra or additional work unless such work is clearly authorized in writing by Owner before such extra or additional work is performed. Contractor acknowledges that it waives all claims for extra charges for extra or additional work Contractor performs without prior written authorization from Owner

8. Indemnification Clause
   

Contractor to Owner:  Contractor shall indemnify, defend, and hold Owner, its employees, officers, directors, and affiliates harmless from any loss, cost, expense, or damage claimed by third parties for property damage and/or bodily injury, including death, to the proportionate extent such loss, cost, expense, or damage arises from the negligence or willful misconduct of Contractor, its employees, officers, or directors in connection with the Contract or project.

Owner to Contractor:  Owner shall indemnify, defend, and hold Contractor, its employees, officers, directors, and affiliates harmless from any loss, cost, expense, or damage claimed by third parties for property damage and/or bodily injury, including death, to the proportionate extent such loss, cost, expense, or damage arises from the negligence or willful misconduct of Owner, its employees, officers, or directors in connection with the Contract or project.