a. You hereby authorize Strawberry Communications, LLC (the “Service Provider”) and/or it’s authorized contractors to install an antenna, router, software, wiring and other equipment (the “Equipment”) at your home or office (the “Premises”) necessary to provide Internet service (the “Services”).
b. Any custom installation work that you request, including placing cable carpet, through cabinets, through interior walls or inside molding, may require additional charges.
c. Service Provider will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.
d. You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the antenna on the Premises is not in violation of any restrictive covenants, conditions or homeowners restrictions.
e. You agree to allow Service Provider or its contractor’s access to the Premises to perform installation, repair or maintenance services in support of the Services.
f. Service Provider assumes no responsibility or liability for interruption of the Services.
g. Service Provider may revise, modify or discontinue any or all aspects of the Services, including but not limited to prices, any applicable tariffs, and any terms of this Agreement. Client’s continued use of service shall constitute Client’s acceptance of the modification of this Agreement.
h. Notice to you of any revisions or modifications will consist of updating the terms on the Service Provider web site, making adjustments to your bill or sending you an email.
a. Service Provider will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by Visa, MasterCard or American Express or Automatic withdrawal from a bank account (ACH).
b. Your first month’s Service fee and Installation are due upon completion of installation.
c. If you fail to pay all valid charges for the Services and all other fees when due, Service Provider may charge you interest on those charges.
d. If you fail to pay any amounts owing to Service Provider within 30 days, Service Provider will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Service Provider.
e. Service Provider has the right to charge you full retail price of the Equipment and a $300 recovery fee for a) any damage to the Equipment resulting from your abuse or negligence as determined solely by Service Provider, or b) your unwillingness to allow us to recover the equipment upon termination.
a. This Agreement will have a Month to Month term or a Twelve (12) month initial term (Initial Term) depending on the service you signed up for.
b. At the end of the Initial Term, this Agreement will automatically renew for successive one-month periods unless you call the Service Provider regarding the intent to terminate the agreement and also advise the Service Provider in writing. All outstanding balances must be paid in full.
c. If you terminate this Agreement before the end of the Initial Term, you agree to pay Service Provider a termination fee of 80% of the total sum of all remaining payments due from the time of cancellation to the end of the Initial Term as well as any outstanding balance on the account. After calling the Service Provider regarding the intent to terminate the agreement, the Client must also advise the Service Provider in writing.
d. Service Provider has the right to recover all Equipment provided by Service Provider, but is under no obligation to do so. You will cooperate fully with Service Provider to allow them to recover any and all Equipment related to the Services during regular business hours.
e. If you move out of the Premises prior to the conclusion of the Initial Term, Service Provider may terminate this Agreement, disconnect the Services, and recover all Equipment related to the Services and you will be liable for the Termination Fee.
f. You have seven (7) days from the date the Services are installed to cancel without penalty. Any cancellation or termination after installation and before the completion of the initial Term will be subject to the Termination Fee listed in section 3 (c).
g. Upon occurrence of a breach by Client of any provision hereunder, Service Provider reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client hereunder. Client agrees to pay all costs incurred by Service Provider in enforcing the terms of this Agreement, including, but not limited to collection agency fees, not to exceed 50% of any past due balances, and reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including, but not limited to, reasonable attorney fees.
a. Service Provider will replace faulty Equipment originally provided and owned by Service Provider during the initial Term.
b. This warranty excludes any damage to Equipment resulting from abuse or negligence as determined solely by Service Provider.
c. This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
d. If Service Provider damages the Premises during the Services installation or maintenance, Service Provider will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $500.
e. Service Provider may hire subcontractors and independent contractors to perform some aspects of installation and repairs of the broadband system. Service Provider is not liable for any death, injury or damages which may or does result from the work performed by these subcontractors and independent contractors.
f. Service Provider does not warrant in any way that speeds are dedicated or guaranteed. Speeds can vary based on many factors at any time and Service Provider is not liable and will not issue refunds for any difference between actual speeds and listed speeds.
a. You hereby agree to abide by Strawberry Communications, LLC’s Acceptable Use Policy with the exception of section 1u. The Policy is set forth in full on Strawberry Communications website at www.sbfiber.com.
b. You access materials on the Internet at your own risk.
c. Service Provider may deny you access to all or part of the Services without notice if you breach this Agreement, including, but not limited to, Service Provider’s Acceptable Use Policy.
d. You agree to comply with any bandwidth usage (transfer rates) or other limitations on the Services set by Service Provider in its sole discretion. You will be billed according to the schedule in Section 7(b) for exceeding any of the limitations set on your service.
e. Service Provider’s network gathers information about Internet usage including but not limited to the number of bytes passed. Service Provider uses this information in the aggregate. Service Provider may share this aggregated information with other parties from time to time. Service Provider collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products and services that better meet your needs. Service Provider will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect Service Provider’s broadband services and facilities.
a. Service includes specified transfer rates per month. If you exceed the transfer rate, you will be charged $10 per gigabyte you exceed your allocation.