(210) NET-HERO
Definitions
"We", "Company", "us", "our" "network" means your local Internet company, Hill Country Broadband Inc. , its employees, or its authorized agents (referred to here after as HCB)
"You", or "your" means the customer identified on the “Customer Contract” form that was completed to activate your internet service
Scope & Manner of Services
The Service (“Service”) consists of providing a wireless or high speed internet connection to authorized users. This Service is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, & notices contained herein. Your use of this Service constitutes your agreement to all such terms, conditions, & notices.
Service & Equipment
The Internet continues to offer more & more options to people for things such as voice telephone service, pay per view movie viewing/rentals and the all-encompassing Internet of things (IOT). HCB may offer some of these services to its subscribers & we are happy to allow our subscribers to purchase these services from other companies, using our bandwidth to transport these services to you. This includes voice telephone service from companies such as Vonage & Skype. This also includes Pay Per View movies & streaming services such as Amazon Prime, Netflix & Hulu. This increased demand can lead to increased cost to provide Internet services to you. If a Net Neutrality Law requires that we provide unrestricted access to these services at no cost to the company that provides them to you, we are happy to comply. Because these services increase the demand for bandwidth & infrastructure, we may collect government-authorized compliance fees to recoup these added costs.
HCB provides high speed wireless networking solutions for Internet access. HCB is not responsible for problems with your individual computer equipment & peripherals, software purchased elsewhere or downloaded from the Internet, &/or any wiring or delivery of service on your side of our equipment. You have five (5) days from the date of service activation to obtain a satisfactory connection. If you are unable to obtain an acceptable connection in this period HCB will refund any charges for service. If you do not notify us within the five (5) day period that you are unable to make a satisfactory connection, then the terms of the Contract will be considered as fully binding.
We will do our best to provide support for any routers that are available for Internet access. There are instances where we cannot provide support for a specific router, & if this occurs, we may recommend that you contact the router manufacturer directly.
HCB makes what it believes is its best effort to provide you with high-quality service. We do not give refunds for service outages that occur for less than one week from the time that you notify us of the service issue. In the event of a dispute over the quality of service, we reserve the right to refund you the current month of service & terminate your service in the hopes that you may obtain service to your liking from a different Internet Service Provider.
Use of the Service
The Service is provided solely for you to make legitimate, personal use of the internet & for no other purposes. You warrant that you are at least 18 years of age & possess the legal authority to enter into this agreement & to use the Service in accordance with all terms & conditions herein. You agree to be financially responsible for all of your use (as well as use of your account by others). You agree to supervise all usage by minors of this Service site under your name or account. You also warrant that all information supplied by you in using this Service is true & accurate.
You agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due & compliance with all rules & restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, & assessments arising out of the use of this Service.
Payment for Service
Upon installation of service, payment is required for the total amount of the install & the 1st month’s payment. If this is an annual twelve month contract the contract renews automatically for an additional one year starting on the date of the original signed contract. Service can be cancelled with 45 days written notice before the anniversary of the contract renewal (the date of original contract signing). Customers may opt for a month to month service contract after the initial one year contract. We use a highly reputable 3rd party EFT billing company to collect monthly service fees (usually on the 25th of the preceding month of desired service). Standard payment requires that you allow us to debit your banking account on a monthly basis through this EFT service. Should you not wish to allow us to draft your banking account you may pay with a credit card or by check for the entire year of service. Failure to pay for the service by the 25th of the preceding month will result in the discontinuance of the service & may be considered a breach of contract & all remaining months left on the contract will become due & payable immediately. Failure to bring your account current may result in the reporting of your account to a collection agency or credit bureau or both. If we are required to use a collection agency or attorney to recover money that you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. The costs may include, but are not limited to, the costs of a collection agency, reasonable attorney’s fees & court costs. If your service is disconnected for failure to pay the invoice by the due date, we may require you to pay all past-due charges, a reconnect fee, & a minimum of one month’s advance charges before we reconnect service. Any billing questions/errors must be brought to our attention within sixty (60) days of the date of the invoice.
Force Majeure
Any failure or delay by a party in the performance of its obligations under this Agreement is not a default or breach of the Agreement or a ground for termination under this Agreement to the extent the failure or delay is due to elements of nature or acts of God, acts of war, terrorism, riots, revolutions, or strikes or other factor beyond the reasonable control of a party (each, a "Force Majeure Event"). The party failing or delaying due to a Force Majeure Event agrees to give notice to the other party which describes the Force Majeure Event & includes a good faith estimate as to the impact of the Force Majeure Event upon its responsibilities under this Agreement, including, but not limited to, any scheduling changes. However, should any failure to perform or delay in performance due to a Force Majeure Event last longer than thirty (30) days, or should three (3) Force Majeure Events apply to the performance of a party during any calendar year, the party not subject to the Force Majeure Event may terminate this Agreement by notice to the party subject to the Force Majeure Event.
General
This Agreement, the “Acceptable Use Policy” & “Customer Contract” makeup the entire agreement between the parties & supersedes all earlier & simultaneous agreements regarding the subject matter, including, without limitation, any invoices, business forms, purchase orders, proposals or quotations. Any & all changes must be in writing.
Governing Law & Forum
All claims regarding this Agreement are governed by & construed in accordance with the Laws of Bexar County, TX.
Company Changes in Service & Charges
Subject to applicable law, we have the right to change our service & equipment, prices & fees at any time. We may also rearrange, delete, or add to our services provided. If the change affects you, we will notify you of the change & its effective date. The notice may be provided in your monthly bill or by direct electronic-mail notification. If you find the change/s unacceptable you have the right to cancel your service (after the initial contract is fulfilled). However, if you continue to receive service after the effective date of the change, we will consider this your acceptance of the change.
Termination of Service
Service can be cancelled with 45 days written notice before the anniversary of the contract renewal (the date of original contract signing). Notice must be in writing either via e-mail with delivery confirmation to the e-mail address listed at the bottom of this document. Any contract not specifying a term is automatically a “no contract” (month to month) service but must me canceled 7 days before the next auto draft is scheduled. All account termination requests will be executed at the end of the current month's service. We do not refund monies for partial month’s services. If you fail to pay your bill when it is due, we have the right to terminate your service. You may not assign or transfer the service without our written consent. The individual policies & practices in this document will continue & apply to your rights & those of HCB after the end of your service.
Contact Hill Country Broadband Inc. with questions or for more information: accounts@hillcountrybroadband.com
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