Community Wireless Terms and Conditions
(Community Wireless is referred to as CW throughout this document)
1. PERMITTING & LANDLORD APPROVAL: It shall be customer's responsibility to obtain any required permits, consents or, for the installation of CW Equipment on property not owned by customer, landlord approval is required by CW. If customer does not disclose they are in rental property and landlord approval is not received and CW installs equipment at customer's location the customer is responsible for any and all repercussion, cost, lawyer's fees, repairs and/or damage of any kind.
2. INSTALLATION FEES: Customer acknowledges that installation fees are nonrefundable after the internet connection becomes operational. This is determined at the time of activation (the "Activation Date"). These fees are solely for the labor of installing the equipment at your home. The equipment is the property of CW even after installation and must be returned at the termination of service or you will be charged for the equipment. The lease of this equipment is in addition to the monthly subscription fee.
3. STANDARD INSTALLATION: Customer understands that the
Installation includes and is limited to the installation of an Antenna,
Subscriber Module (SM), a Surge Suppressor (SS), one cable to connect the (SM)
to the (SS), and one cable that runs from the (SS) into the Power Adapter (POE)
in the customers location via one hole through an exterior wall of customer's
structure. Cables shall be secured to the exterior of the structure. CW shall
not be responsible for additional installation tasks not specifically listed in
this Section which may be deemed desirable or necessary by customer or the
Installer. Customer shall be responsible for the additional charges for any
such additional work subsequently requested by customer. Additional work is for
an additional charge. Charges are dependent on many factors and may vary . The cable length included in a standard installation
is 100'. If more than 100' is required there will be a charge of $0.25 per foot
4. COMMUNITY WIRELESS EQUIPMENT: Equipment is leased from Community Wireless per month. Equipment is the sole responsibility of the customer. If equipment is damaged in any way the customer is responsible to replace equipment. The cost of the all the equipment is approximately $750.00 which does not include Labor Cost. Community Wireless is not responsible for this equipment while not in CW possession and control and the equipment must be replaced if damaged or destroyed. Damage can consist of acts of God, malicious, vandal, or accidental, etc. Anything that results in the loss of the leased equipment will constitute the need to reimburse Community Wireless for the equipment in full. This equipment is at your premise and needs to be included on your insurance. Damage to this equipment should be included to your home owners or rental policy. However, the responsibility is of the customer.
5. SERVICE DELIVERY: CW is not responsible or liable the following:
6. SPEED OF SERVICE: Speeds are best effort and not guaranteed and heavily depend on available bandwidth, signal frequency, signal levels, your location and current usage.
7. USAGE LIMITS: The allotted usage of your plan is up to. It is up to the customer to adjust his/her plan according to their needs. Plan changes must be kept for a minimum of 1 full bill cycle. If you need more temporary bandwidth you need to choose either to pay the overage rate or add a pack(s) as needed.
8. ETHERNET CONNECTION: Customer understands
that the internet connection operates through an Ethernet connection. The
Ethernet card shall be provided and/or installed by customer, at customer's
expense. If customer does not have an Ethernet card or the Ethernet card is bad
at time of installation the installer can offer an Ethernet to USB adaptor or
Replacement Ethernet card for whatever the current price is on this item. CW is
not responsible for any additional products sold by CW. If CW installs a
replacement Ethernet card in the customer computer, CW is not responsible for
any damage that may result and the customer will hold the Installer and/or CW
9. ADDITIONAL PRODUCTS: Any additional products purchased from CW are not covered by CW. These products have their own warranties and you should refer to the manufacturer for assistance in replacement or service. CW is in no way liable for these products. CW will not refund money or exchange equipment for faulty equipment. CW is not a retailer and is a pass through entity only. CW will try to help you troubleshoot these products via customer support by phone. If products need to be returned for any reason it needs to be done with the manufacturer. The products that CW carries are a matter of convenience to the customer only.
10. PHONE SERVICE: Phone Service is an internet dependent service called VoIP Phone Service. This service is not intended to be the primary mode of communication. Customer should not depend or rely on this service for emergency service. This phone service is intended to be secondary mode of communication and provide a customer the means to call long distance for free. 911 services are not provided with this service and in no way should it be used for this purpose. Porting of your existing phone number is available in certain areas and can change without notice. CW has to request this from the existing carrier and has no control over whether they allow the number to be released to CW. To port your number you will need to provide a copy of your last month's phone bill and fill out the LNP form and submit it to CW. Porting can take up two months after we have received this information from you. Do not cancel the existing carrier or you will lose your existing phone number. Canceling your phone number with the existing carrier before CW ports your number will result in the loss of you present number. If this happens or if you would like to receive a new local number CW can provide you with one. Trial Period: Thirty day trial period is intended for customer evaluation purposes. Customer agrees to try product and if for any reason decides to cancel trial before the thirty day trial is over the customer will not be charged for any phone service fees. If customer has canceled before the trial period is over they must return the Phone Adapter to CW or the Phone Adapter will automatically be deducted from their account. This is a nonrefundable purchase of equipment. If customer cancels any time after the thirty day trial the adapter is the property of the customer and there are no returns or refunds on the Phone Adapter.
11. PAYMENT OF SERVICE: Should be in the form of Major Credit Card or Debit Card, (we accept Visa, Master Card Discover and American Express) Cash, Check, Cashiers Check or Money Order. Final cost of service may not be indicated in full when discussing options and on marketing materials such as the website, fliers and so forth. Final cost of service will include but not limited to lease fee, taxes, service fees, overage charges and so forth. Prices are subject to change. Promotions are available during the advertised times stated on that promotion.
12. CREDITS: Service Credits are reviewed on a case by case basis. If a customer is deemed out of service do to issues within CW control (See section labeled Service Delivery) the customer will be credited according to their plan rate for the amount of time they were out. Credit is figured on a twenty four hour basis's and the customer is only credited for the appropriate number of hours. CW does not credit the $5.00 lease and tax fees. This fee is for the use of the equipment and as long as it is still at the customer's property the customer is liable for this fee. CW does not credit until at least five days of service has been lost in a row starting when CW is notified. CW considers this time appropriate to rectify any problems that may arise. It is the customer's responsibility to make CW aware of the time and date the issue starts and the related events.
13. REFUNDS: Setup and Installation; There are no refunds for set up and installation fees after activation of service. Monthly Subscription Plans, Quarterly Plans and Baker's Dozen; There are no refunds or partial refunds for any subscription services. If service is terminated due to nonpayment there are no refunds due. Thirty Day Notice is required for termination of service and there are no partial refunds of service. If service is canceled any time during the billing cycle there are no refunds due. Customer should cancel at the end of their billing cycle or agree to forfeit the remaining balance to CW.
14. AUTO PAY: Customer is billed on a monthly
basis on their Credit or Debit Card or Checking Account for as long as the
customer requires. Customer can revert back to invoice at any time. Auto Pay is
set up on advanced billing. This protects the customer from service
interruption in case something goes wrong with the credit card on file, i.e.
expiration, insufficient funds, stolen or lost.
15. SUBSCRIPTION FEE: CW is a subscription
based service. The subscription is purchased in advance for the coming month.
These fees are nonrefundable when canceling service or in the case of
termination of service whether on customers or CW initiative. CW requires a
thirty day written notice for cancellation of service.
16. SERVICE CALL FEE: Service calls may be charged depending on the situation. Service Call Fees are additional to Labor Cost and Part Fees. In some cases there may be a nominal Service Call Fee and Labor Cost along with Part Cost.
17. DE-INSTALLATION: There is $50.00 De-Installation charge for CW to retrieve equipment from your home. You can save this fee by De-Installation you equipment yourself and bringing it into CW. CW equipment consist of Antenna, Motorola Canopy Radio, Ground Block and Power Over Ethernet (POE). Equipment must be tested after turned into ensure equipment is in working order before issuing credit for the $50.00 De-Installation charge. If equipment is damaged customer is responsible for the replacement of this equipment. If the customer has failed to return the equipment or pay the $50 fee within 30 days or if the equipment is damaged upon inspection by CW customer authorizes CW to further pursue the collections of the money thru any means necessary including using any prior payment method.
18. THIRTY DAY NOTICE: When customers are
terminating service for whatever reason CW requires a written thirty day
notice. This can be sent by email form or mailed to our office. If thirty day
notice is not given the customer is still responsible for the service agreement
and owes the monthly subscription fees that would normally apply to fulfill the
thirty day notice.
19. ABUSE: CW reserves the right to terminate a customer's service immediately under this policy. CW does not tolerate and has a no abuse policy. If a customer is abusive to a CW employee in a physical or verbal manner CW reserves the right to terminate said customers service without notice. Examples of misconduct: Cussing or swearing at employees in a derogatory or demeaning manner, physical contact or intimidation of any kind, Threats or threatening behavior or verbalization of threats toward employee(s) or CW. CW also depending on the situation call the authorities and report said incident.
20. FAIR ACCESS: CW reserves the right to throttle bandwidth to any specific; Customer, Port, Service, Website or any end point if CW determines that in doing this it will improve the service for others.
21. ILLEGAL & IMMORAL USE: CW, when questioned, will investigate and forward to the proper authorities the responsible parties involved in illegal practices. These include, but not limited to, the use of bit torrent and other peer to peer programs that are commonly used in the theft of media (movies, music, software�), child pornography, bullying, viruses, spamming, phishing and any other illegal or unbecoming act. CW reserves the right to suspend and/or cancel your service if any of these acts are observed during CW network monitoring or during an investigation.
22. INFORMATION: CW may store any and all communications passing through the CW network to ensure we are in compliance with all state and federal regulations.
23. AGREEMENT: This Agreement is deemed to be entered into in the State of Indiana and the parties agree that any dispute arising under this Agreement shall have its venue in Clark County, Indiana and any such dispute shall be governed by and constructed in accordance with the laws of the State of Indiana.
24. ASSIGNMENT: CW may assign this Agreement without customer's prior consent and all of CW's rights, title, and interest herein shall inure to the benefit of such assignees, its successors and assigns. This Agreement shall not be assignable by customer except with the written consent of CW. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
25. DISCLOSURE: Neither party shall disclose any of the terms and conditions of this agreement without prior written consent of the other, provided, however, in any of its sales and marketing materials, CW may refer to customer as its customer.
26. MODIFICATION OF TERMS AND AGREEMENT: CW may modify these terms and conditions without any notice. The terms and conditions are posted on the CW website for your review. Customer's continued use of service shall constitute customer's acceptance of the modification of this agreement. It is the customer's responsibility to review the terms and conditions on a regular basis.