Terms And Conditions
Terms And Conditions
iFiber Communications Corporation located at 135 Basin Street SW, Ephrata, WA 98823 (“iFiber”).
IN CONSIDERATION FOR SERVICES PROVIDED, THE PARTIES AGREE AS FOLLOWS:
1. Provision of Service. Subject to the terms of this Agreement, iFiber will provide and support such Services as selected by the Subscriber at the Service Address.
2. Credit Approval. All Service is predicated upon Subscriber’s qualifying credit. Subscribers not meeting iFiber credit requirements are subject to pre-payment deposits for Services and Equipment.
3. Term. This Month to Month Agreement and the Services will continue until canceled as provided in this Agreement. This Agreement will begin on the date the service is installed . iFiber will automatically renew the Services on a periodic basis, including monthly and annual subscriptions, as long as iFIBER COMMUNICATIONS continues to carry the Services or until the subscriber notifies iFIBER COMMUNICATIONS that it wishes to cancel the Services, as provided in this Agreement.
4. Pre-Installation Review. Installation and activation are subject to an iFiber engineering review to determine Service availability and any potential installation difficulties. In the unlikely event iFiber determines that service to the Service Address is not available or is not economically feasible, this Agreement will be voided and Subscriber is entitled to a refund of any prepaid charges or deposits.
5. Access to Subscriber’s Address. iFiber will request reasonable access to the Premises in order to install, inspect, maintain, repair or retrieve Equipment. If Subscriber is not the owner of the Premises, Subscriber will indemnify, defend, and hold iFiber harmless from any and all claims made by the owner of the Premises or other interested parties arising out of this Agreement.
6. Service Installation.
- a. As a standard practice, iFiber installs a single Internet connection to one location inside a structure typically through an exterior wall. This installation is designed to connect to a Computer, Router, Hub or VPN of Subscriber’s choice.
- b. Subscribed Telephone Service typically connects to existing Telephone wiring in the structure, if available, to permit use of existing telephones and extensions.
- c. Television Service installation typically connects to one television set top box. Multiple connections require a separate installation charge. If Subscriber desires multiple television hardwire connections run through an interior crawlspace, subfloor, wall, ceiling or attic to provide Service to other rooms, structures or equipment, an electrician or specialty serviceman should be contacted. Separate services charges will apply.
7. Fees and Charges. In consideration for the Services and Equipment provided to Subscriber by iFiber, Subscriber agrees to pay for the recurring monthly charges and for any one-time charges that may occur. In addition, Subscriber is also obligated to pay any/all applicable franchise fees and governmentally imposed taxes.
8. Third-Party Licensing and Copyright Fees. Subscriber acknowledges that, for certain Services, Subscriber may choose to add additional subscriptions (such as movie rentals), or be required to pay a licensing or copyright fees to third parties over which iFiber has no control. Such fees are the sole responsibility of the Subscriber.
9. Billing Cycle. iFiber’s billing cycle begins on the 1st day of each calendar month.
10. Advance Billing. Invoices issued prior to the start of each billing cycle reflect Services to be provided in the following calendar month. If a new Service(s) is activated, reactivated or changed between billing cycles, charges are prorated on a daily rate and added to the next or a subsequent invoice. Simply stated, a monthly invoice will contain current month’s charges plus any charges incurred and not paid for in a prior billing cycle.
11. Payment for Service. Subscriber must pay for all Services ordered by the Subscriber or anyone using the Equipment, with or without Subscriber’s permission. This includes any installation costs, administrative fees due to late payments, returned check charges, and any other fees or charges owing to iFiber.
12. Billing Issues. In the event of an invoice or payment error, Subscriber must bring requests for credit to iFiber’s attention within six months of the invoice date for which a credit is sought.
13. Payment Methods. iFiber accepts automatic bank withdrawals or automatic credit/ debit card payments. Personal or business checks, Cashier’s checks and Cash are also acceptable. Payment may be mailed or presented in person at an iFiber location. Please do not mail cash.
14. Delinquent Payments. A payment received after the fifth day of the month is subject to a late payment charge in accordance with the iFiber credit policy in effect at the time of the late payment.
15. Insufficient Funds. A returned check or a check written on a closed bank account is subject to a fee.
16. Failure to Pay. If Subscriber fails to pay amounts owing to iFiber in a timely manner or breaches any material provision of this Agreement, iFiber may disconnect the Services provided. In such case, iFiber may require Subscriber to pay all past due charges, a reconnect fee, and a minimum of one month’s advance charges before Services will be reconnected. In addition, Subscriber will pay iFiber any costs reasonably incurred to collect delinquent amounts owing.
17. Termination of Services. The subscriber will remain responsible for payment of all outstanding balances and any special offers accrued up to the date the Services are disconnected. iFiber reserves the right to terminate this Agreement and the Services at any time and for any reason upon reasonable notice to the subscriber in writing. If the subscriber breaches any material provision of this Agreement, fails to make payments when due, or fails to abide by the policies of iFiber, the Services may be disconnected without notice.
18. Equipment Ownership and Use. Notwithstanding any other provision in this agreement, all Equipment provided relative to Services is and will remain the property of iFiber.
- a. Under certain credit conditions, iFiber may require a deposit for use of the equipment.
- b. Equipment may not be removed from the Service Address except to be returned to iFiber.
- c. Unauthorized Use. Subscriber will not attach any unauthorized device(s) to the Equipment. iFiber will be entitled to recover damages for tampering with its Equipment, making any unauthorized connection, or receiving any unauthorized service or programming. Such damages will include, but not be limited to, the value of any Services illegally obtained, reasonable legal or collection costs, and statutory penalties.
- d. Subscriber will not open, disassemble, alter, or damage the Equipment. Nor will Subscriber authorize anyone other than iFiber personnel to service the equipment.
- e. Equipment must be returned fully operable when the Service is terminated or canceled. If the Equipment is not returned in fully operable condition within ten days after the Service is terminated or disconnected, the replacement cost of such equipment will be assessed.
- f. Stolen Equipment. Subscriber will notify iFiber immediately if the Equipment is stolen or removed from the Premises without the Subscriber’s permission.
19. Use of Third-Party Property. In providing Service, iFiber may utilize facilities, poles, equipment and conduit owned in whole or in part by other parties. The continued use of such items is in no way guaranteed. If continued use of such poles or conduit is denied for any reason, iFiber will make every reasonable effort to provide the Services over alternate routes or methods.
20. Change in Services. iFiber reserves the right to modify, re-arrange, add, or delete its programming packages, prices, and any other Service it offers at any time. The Subscriber acknowledges that certain programming, including broadcast network services, may be blacked out, and that the Subscriber may be subject to legal action if Subscriber circumvents or attempts to circumvent such blackouts.
21. Network Management Practice. iFiber blocks port 25 for outside traffic on our Subscriber IP’s. iFiber’s Internet Service does not favor, accept payment from, modify, inhibit, or block any other specific websites, protocols, applications or classes of applications.
22. Privacy Practices. iFiber respects the rights and privacy of Subscribers. iFiber does not sell or distribute Subscriber’s personal information. The only exception is if iFiber is required to disclose such information by a Court of Law.
24. Limitations of Liability. The Subscriber understands and agrees to the following limitations of liability, which are reflected in iFiber’s prices:
- a. Installation and Services are provided on a best effort basis.
- b. Equipment provided for services is subject to warranty provided by the manufacturer. In the event of equipment failure, iFiber will replace such equipment in a timely manner on a best effort basis.
- c. iFiber does not warrant uninterrupted use of the services or equipment. iFiber is not responsible for any interruptions of services that occur due to acts of god, power failure, or any other circumstances beyond iFiber’s reasonable control; Subscriber will make no claims or undertake any action against iFiber if the Services are interrupted or discontinued, regardless of the reason.
- d. iFiber is not responsible for any consequential damages relating to Installation, the Services or Equipment, whether based on negligence or otherwise.
- e. iFiber’s total liability to the Subscriber and any other persons receiving services, regardless of the cause, will not exceed the amount paid to iFiber for the services in question.
- f. Some states do not allow limitations of implied warranties, so the above limitations may not apply to the Subscriber. The warranties give Subscriber specific legal rights. The Subscriber may have other rights that vary from state to state.
25. Indemnification. Each Party shall hold harmless, and indemnify the other Party and its directors, officers, agents and employees against any direct losses, liability, damage, or expense, loss, liability, damage, or expense,Â resulting from its sole negligence or willful misconductÂ arising from the installation, maintenance, provisioning of, or removal of the Equipment.
26. Legal. The interpretation and enforcement of this Agreement will be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws of the state and local area where the Services are provided to the Subscriber.
- a. Any legal dispute relating to the Agreement, Addendums, Attachments or supplemental conditions related to the Service, shall be submitted to binding arbitration in the County or Parish where the Services are provided to Subscriber.
- b. If any provision of this Agreement is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary and the rest of the Agreement will remain enforceable.
- c. This Agreement may be assigned to a third party without notice to or consent of the Subscriber at any time for any purpose. Subscriber will continue making all required payments to iFiber in accordance with invoices received, unless notified otherwise.
- d. The provisions of this Agreement that expressly or by their nature survive termination will continue until fully performed.
- e. By accepting service from iFiber, Subscriber agrees to abide by these Terms and Conditions as well as our Acceptable Use Policy, Telephone Subscription Agreement, and the E911 disclaimer which can be found at www.ifiber.tv.
THE SUBSCRIBER AGREES TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, THE SUBSCRIBER ACKNOWLEDGES THAT TO THE EXTENT PROVIDED IN THIS AGREEMENT ALL RATES AND SERVICES ARE SUBJECT TO CHANGE AND THAT THE SUBSCRIBER HAS THE RIGHT TO CANCEL SERVICES AT ANY TIME UNLESS OBLIGATED TO CONTINUE SERVICE UNDER A SUPPLEMENTAL AGREEMENT.