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DawsonvilleG

join:2010-08-01
Dawsonville, GA
kudos:1
Reviews:
·Windstream

[Troubles] How to file a dispute with WindStream

In case anyone wants this, here is a copy of the terms located at:
»www.windstream.com/terms.aspx

Dispute Resolution. By utilizing Windstream’s Services and agreeing to these Terms, you agree to the following dispute resolution procedures. You and Windstream agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class action or consolidated action regarding a dispute as defined below. Specifically, you and Windstream agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

If you have a dispute with Windstream, you should notify Windstream’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing at the following address: Windstream Communications, Inc., 1720 Galleria Boulevard, Charlotte, NC 28270, Attn: Executive Customer Relations. You must describe your dispute and provide enough detail to allow us to understand it. You must provide any supporting documentation with your written dispute. Click here »www.windstream.com/legal.aspx for a form that you may, but are not required, to use to submit your written dispute to us. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute. You and Windstream agree that a dispute is any claim or controversy related in any way to Windstream’s Services, including charges for Services, Equipment, Service Order(s) or our agreements pursuant to these Terms or any other agreements, whether the dispute arises in tort, contract, by statute or any other legal theory and whether the dispute arises under this or any prior agreement with us or arises after your Services with Windstream are terminated.

If you and Windstream are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or Windstream shall resolve the dispute in only one of two possible ways: (1) by seeking relief in small claims court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on your bill; or (2) by arbitration. This Section does not prohibit you from submitting any issue you have with Windstream to any federal, state or local governmental agency or public service commission which may be able to seek relief from Windstream on your behalf. If the dispute is regarding the charges for Services, you agree that if you do not seek relief in small claims court or by arbitration following the 60 day dispute period, then you will immediately begin paying the disputed amount that Windstream determines is valid, plus any charges that were not paid during the 60 day dispute period, or Windstream may terminate the Services.

Regarding arbitration, you and Windstream specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and Windstream, subject to any exceptions required by applicable law. The following provisions shall apply to arbitration:

a. Notice: If you want to arbitrate a dispute with Windstream after expiration of the 60 day dispute period noted above, you must file a claim with the American Arbitration Association (“AAA”). Click here »www.windstream.com/legal.aspx for a form that you may, but are not required, to use. The claim must include a description of the dispute, a brief outline of previous efforts to resolve the dispute, all supporting documentation and a proposed resolution. A copy of the claim and proof of payment of the filing fee, such as a copy of the check or money order, should be sent to Windstream at: 4001 Rodney Parham, Little Rock, Arkansas 72212, Mailstop B1F03-71A, Attn: Legal Department (“Arbitration Notice Address”). Windstream will reimburse you for the filing fee if your claim does not exceed $75,000. If Windstream wants to arbitrate a dispute with you after expiration of the 60 day dispute period noted above, Windstream will send a copy of its claim to your billing address.
b. Applicable Law: The interpretation and enforceability of the arbitration provisions, and whether a dispute is subject to arbitration, is subject to the Federal Arbitration Act (“FAA”) only and not state law.
c. Applicable Rules: Windstream and you agree that the arbitration will be conducted by the AAA. The rules governing the arbitration proceeding will be the current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) from the American Arbitration Association. The AAA rules are at www.adr.org or can be obtained by calling 1.800.778.7879.
d. Method of Arbitration: If your claim is for $10,000 or less, Windstream agrees that you may choose whether the arbitration will be conducted solely on the written documents submitted, by telephone or in person in the city or county of the billing address reflected on your bill. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The written documents can be the notice to arbitrate that either of us send to the other regarding arbitration and referenced above.
e. Arbitration Costs and Attorney Fees: If you properly file a claim with AAA pursuant to these arbitration provisions, and the amount of your dispute does not exceed $10,000, Windstream agrees to pay for all AAA filing, administrative and arbitrator fees (“Arbitration Costs”) and your reasonable attorney’s fees (with reasonable hourly rates and expenses to be determined by the location of the arbitration) (“Attorney Fees”) incurred by you regardless of the decision of the arbitrator, unless your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator. A portion of the payment of Arbitration Costs may be in the form of reimbursement, as you may be required to place a deposit when your notice of arbitration is filed. If the claim is found to be frivolous or improper, the AAA Rules will apply regarding payment of Arbitration Costs. If your dispute exceeds $10,000 but not $75,000, Windstream agrees to pay all the Arbitration Costs and 50% of your Attorney Fees. For disputes of $75,000 or more, the AAA rules regarding Arbitration Costs will apply. However, Windstream agrees to pay 50% of the Arbitration Costs, and each party will pay its own Attorney Fees incurred for disputes of $75,000 or more. Notwithstanding the foregoing, if your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator, Windstream will have no obligation to pay any of your Attorney Fees. If Windstream disputes the reasonableness of any Attorney Fees, you agree that the presiding arbitrator shall determine what is a reasonable fee and his/her decision regarding Attorney Fees will be binding on both you and Windstream. In no event shall Windstream be entitled to an award of its Attorney Fees.
f. Awards: If the arbitrator’s award is in your favor and is greater than the value of Windstream’s last settlement offer made to you prior to selection of the arbitrator, Windstream will pay you the amount of the arbitrator’s award or $3,000, whichever amount is greater. Windstream also will pay your attorney’s reasonable fees, including expenses, or $2,500, whichever amount is greater.
g. Injunctive relief: If you seek declaratory or injunctive relief in the arbitration, the arbitrator may award such relief only to the extent necessary to provide relief warranted by your individual claim.
h. Consolidation: The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
i. Confidentiality: Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by Windstream or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Windstream is entitled. Neither you nor Windstream may disclose the existence, content or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
j. Exceptions: Nothing in this Section shall prevent Windstream from issuing notices, including take-down notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act, or termination of service pursuant to Windstream’s Acceptable Use Policy for your abuse of your internet access services. Nothing in this Section shall prohibit Windstream from filing a lawsuit in a court of general jurisdiction to collect outstanding balances for unpaid Services or Equipment, or any other type of charge owed on your account, or for the theft of any Services or Equipment by you. This Section is intended to resolve outstanding disputes between us and not to collect a debt owed by you to Windstream.
k. Limitation of Liability: This Section is subject to the Limitation of Liability Section in these Terms and Conditions.
l. Limitations Period: Any dispute must be brought by you or Windstream within two years after the date the basis for the claim or dispute first arises.

Notwithstanding any provision in these Terms and Conditions to the contrary, you and Windstream agree that if Windstream makes any future change to this arbitration provision (other than a change to the notice addresses), you may reject any such change by sending Windstream written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

If the provisions concerning the waiver of the class or consolidated actions, or the provisions regarding mandatory arbitration, are deemed unenforceable or void as a matter of law, you and Windstream agree that all claims will be brought in a court of general jurisdiction and not resolved through arbitration. YOU AND WINDSTREAM WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY US.