These Terms & Conditions apply to all estimates, proposals, quotes or invoices, and all services provided by CMC Communications (“CMC”).

1. Contract Acceptance

Payment of any deposit, progress payment, or invoice, issuance of a purchase order, or authorization to commence work for any quote or invoice constitutes the Customer’s full acceptance of a legally binding agreement with CMC, without the need for a signature.

By submitting any payment for a quote or invoice, the Customer acknowledges they were provided a reasonable opportunity to review these Terms & Conditions and agrees to be bound by them.

2. Payment Terms

CMC requires a fifty percent (50%) down payment to commence work under any quote or invoice.

For projects thirty (30) days or less, the remaining fifty percent (50%) balance is due within thirty (30) days of project completion.

For projects exceeding thirty (30) days, fifty percent (50%) is due upon acceptance of the applicable quote or invoice, with bi-weekly progress draws. The Customer may withhold a fifteen percent (15%) retainage, which is due within thirty (30) days of final project completion.

All special-order items must be paid one hundred percent (100%) in advance, including but not limited to IT equipment, switches, wireless access points, routers, optics, transceivers, audio/video equipment, DAS-related infrastructure, and related materials.

Payments are non-refundable except as expressly stated in writing by CMC.

Any chargeback, stop-payment, or payment reversal submitted after work has commenced or materials have been ordered under any quote or invoice constitutes a material breach of contract.

The Customer is responsible for all collection costs, court costs, and reasonable attorneys’ fees incurred by CMC in enforcing payment.

3. Cancellations, Returns & Refunds

Custom, special-order, opened, configured, staged, installed, or programmed equipment is non-returnable.

Engineering, design, staging, configuration, documentation, and project management services are non-refundable.

Any approved return is subject to manufacturer return authorization, restocking fees, handling charges, and freight costs.

CMC reserves the right to refuse any return or refund request.

4. Work Hours, Scheduling & Overtime

Unless otherwise stated in a quote or invoice, work is performed Monday through Friday, 7:00 a.m. to 5:00 p.m., and excludes overtime.

If the Customer has a required completion date or deadline, it is the Customer’s responsibility to disclose this during the quoting phase for the applicable quote or invoice.

Work outside normal business hours is subject to after-hours shift differentials and/or overtime labor charges.

Unless otherwise stated in a quote or invoice, labor is limited to a maximum of forty (40) labor hours per week.

5. Scope of Services – Cabling, Fiber and IT Services

CMC provides structured cabling, fiber-optic installation, network infrastructure services, and IT services as specifically described in the applicable quote or invoice.

CMC will digitally label all faceplates and patch panels and will test all installed data cabling.

CMC will install and perform only the materials, quantities, devices, and services specifically listed in the applicable quote or invoice.

Any additional parts, devices, materials, or labor requested or required will be subject to a written change order.

CMC is not responsible for ceiling tile damage, drywall damage, paint damage, or cosmetic repairs resulting from normal installation and access activities, including but not limited to accessing ceilings, walls, pathways, and building infrastructure.

CMC is a cabling and IT services contractor and does not perform painting, drywall repair, finish work, or restoration services.

Unless otherwise stated in the applicable quote or invoice, all conduits, sleeves, wall boxes, grounding bus bars, floor penetrations, pedestals, and building pathways are provided and installed by others.

Lift equipment, specialty access equipment, and related costs are not included unless stated in the applicable quote or invoice and will be added by change order if required.

If roof penetrations or exterior building penetrations are required, they shall be provided, installed, sealed, and warranted by others.

Material pricing is subject to change without notice due to manufacturer and distributor pricing fluctuations.

6. IT Services, System Ownership, and User-Managed Systems

All IT services are provided without any warranties.

No software warranties are included. Any hardware supplied by the Customer is not covered by any warranty.

All systems installed, configured, connected, or otherwise worked on by CMC—regardless of the type of system or service performed—are user-managed systems once CMC’s initial work is completed.

Managed services, monitoring, cybersecurity services, maintenance, and support agreements are not included unless expressly stated in writing in the applicable quote or invoice.

7. Endpoint Devices, Compatibility & Troubleshooting

Any issues resulting from:

• adds, moves, or changes,

• user changes,

• third-party changes,

• equipment supplied by the Customer,

• compatibility issues between devices, software, operating systems, or systems,

• firmware or software updates,

• device configuration,

• security settings, or

• environmental or electrical issues

are billable services.

CMC does not guarantee that any Customer-owned or third-party devices, software, or systems will be compatible with, connect to, or operate properly on the Customer’s network.

CMC’s validation of network and internet connectivity is limited to testing using CMC-owned test devices (including laptops, mobile devices, and network test tools).

If CMC verifies that the network infrastructure and internet connectivity are functioning properly using CMC test devices, any connectivity, performance, or functionality issues experienced on Customer-owned or third-party devices are outside the scope of the installation and are not the responsibility of CMC.

Troubleshooting, configuration, or remediation of Customer-owned devices, applications, or systems is not included and is billable as IT services.

IT services are purchased in blocks of one thousand dollars ($1,000) or more and are billed in fifteen (15)-minute increments at one hundred twenty dollars ($120) per hour, paid in advance, unless otherwise stated in a quote or invoice.

CMC is not responsible for any changes made to the network, systems, or devices by the Customer, end users, or third parties.

8. Collaboration Platforms and Cloud Services

The Customer is solely responsible for maintaining all licenses, subscriptions, and accounts for collaboration and cloud platforms including, but not limited to, Zoom, Google, Microsoft Teams, and similar services.

Each room or system requiring such services must have all required paid licenses and dedicated accounts created and active prior to the installation date under the applicable quote or invoice.

9. Authority to Perform Work

The Customer represents and warrants that it has full authority from the property owner, landlord, or managing entity to permit the work described in the applicable quote or invoice.

Any permits, approvals, inspections, or landlord authorizations are the responsibility of the Customer unless expressly stated otherwise in a quote or invoice.

10. Site Conditions and Hidden Conditions

CMC is not responsible for concealed, unknown, undocumented, or hazardous conditions, including but not limited to blocked pathways, inaccessible infrastructure, structural limitations, asbestos, hazardous materials, or unsafe site conditions.

Any additional labor, materials, delays, or redesign caused by such conditions will be billed by change order.

11. Service Interruptions

The Customer acknowledges that temporary outages, service interruptions, or degradation of service may occur during testing, maintenance, troubleshooting, or cutover activities performed under any quote or invoice.

12. Data, Business Operations and System Impact

CMC is not responsible for loss of data, loss of business, loss of revenue, loss of use, or other business impacts arising from network changes, system configuration, outages, software behavior, third-party systems, ISP services, customer-provided equipment, or customer-controlled systems.

13. Limitation of Liability

To the maximum extent permitted by law, CMC’s total liability arising out of any quote or invoice or related services shall not exceed the total amount paid to CMC under the specific quote or invoice giving rise to the claim.

CMC shall not be liable for any indirect, incidental, special, punitive, or consequential damages.

14. Force Majeure

CMC shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, weather, supply chain disruptions, manufacturer delays, labor disputes, carrier delays, governmental actions, or utility failures.

15. Governing Law and Venue

These Terms & Conditions and any quote or invoice are governed by the laws of the State of Texas.

Venue for any dispute shall lie exclusively in the appropriate state or county courts located in Texas.

16. Ownership of Materials, Cabling and Network Systems

Title to and ownership of all materials, equipment, cabling, fiber, network infrastructure, systems, licenses, configurations, and related deliverables furnished, installed, staged, configured, or provisioned by CMC shall remain the sole property of CMC until all invoices and change orders associated with the applicable quote or invoice are paid in full.

This includes, without limitation, switching and routing equipment, wireless infrastructure, network management platforms, controllers, cloud-managed systems, subscriptions, and administrative environments.

When CMC supplies, configures, provisions, or registers systems including, but not limited to, Ubiquiti UniFi, Cisco Meraki, Aruba Networks, or similar vendor platforms, title, ownership, administrative control, licensing control, and management rights shall remain with CMC until all outstanding balances for all related quotes or invoices and change orders are paid in full.

CMC may withhold administrative access, management credentials, ownership designation within vendor platforms, and delivery of final configuration documentation until payment in full is received.

17. Suspension of Work for Non-Payment

CMC may immediately suspend work, deliveries, configuration activities, staging, or commissioning activities if any invoice becomes past due.

CMC shall not be responsible for schedule impacts, delays, service interruptions, or damages arising from such suspension of work.

18. Site Access and Site Readiness

The Customer is responsible for providing uninterrupted access to all work areas, telecommunications rooms, equipment rooms, pathways, ceilings, closets, and required building spaces during scheduled work hours.

Delays caused by lack of access, unavailable escorts, restricted areas, occupied workspaces, furniture not being moved, or site readiness issues are billable and may require a change order.

19. Customer-Provided Information, Drawings and Plans

CMC is not responsible for errors, omissions, conflicts, or inaccuracies in drawings, floor plans, specifications, records, or information supplied by the Customer, the property owner, landlord, general contractor, or any third party.

Any redesign, rework, additional labor, or material required due to inaccurate or incomplete information is billable and subject to a change order.

20. No Delay Damages or Schedule Penalties

CMC shall not be liable for delay damages, liquidated damages, lost profits, or schedule penalties arising from any quote or invoice, regardless of cause.

21. No Professional Engineering or Architectural Services

CMC does not provide professional engineering, architectural, or licensed design services.

Any design assistance, recommendations, layouts, or diagrams provided are based solely on practical installation and field experience and are not professional engineering or architectural services.

22. Entire Agreement

These Terms & Conditions together with the applicable quote or invoice constitute the entire agreement between the parties and supersede all prior proposals, discussions, representations, emails, or communications, whether written or oral.

Any modification must be in writing and agreed to by an authorized representative of CMC.

23. Assignment and Subcontracting

CMC may subcontract portions of the work at its discretion.

The Customer may not assign any rights or obligations under any quote or invoice without the prior written consent of CMC.