Community Wireless Terms and Conditions

Community Wireless Terms and Conditions: (Community Wireless is referred to as CW throughout this

document)

1. 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.

2. 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 customer 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 may very according to the customer’s location because every location

is different in size and configuration. The cable length included in a standard installation is 100’. If more than 100’ is

required there will be a charge of 0.25 cents per foot of cable.

3. Customer understands that the equipment that CW installs on and in their home (i.e., Antenna, Subscriber Module,

Surge Suppressor, Power Over Ethernet or P.O.E) is CW equipment and if for any reason customer defaults on payments

to CW, moves, changes providers or discontinues service for any reason or CW discontinues service to the customer for

any reason. CW has the right and permission to recover the equipment from the outside of the customers’ home without

notice. CW will de-install equipment from the outside of the home and if any of CW equipment is in your home that could

not be retrieved it will be billed to the customers account and added to their final bill. Customer gives CW permission to

come on customer’s property and on home to retrieve the said equipment without permission. CW has the right to

terminate service with customer for any reason. If customer does not allow CW to retrieve equipment it will be added to

the customer’s final bill. CW reserves the right to charge customer by any means on file for past due amounts and/or

equipment not retrieved. By agreeing to these terms and conditions you agree to allow CW the right to recover any funds

owed to CW via fees, payment arrearages, and/or unrecovered equipment. You agree that CW may use any means in

which you have tried to pay your account in the past to recover the money owed to CW, i.e. payment by check or credit

card. CW also reserves the right to file criminal charges for unrecovered equipment that customer has not paid for. Any

fees and/or payment arrearages not collected will be turned over to collection and CW reserves the right to file a suite in

small claims court.

4. 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 harmless.

5. CW and/or Installer shall not be responsible or liable for any of the following:

• Any obstruction(s) that might be erected or grow between the antenna at customer’s location and the tower which

causes degradation or loss of service.

• Foliage obstructions, tree lines or hill (earth) interference.

• Frequency interference that arises in the area preventing or the derogation of signal reception.

• Debris or ice on the antenna located at customer’s location.

• Re-aiming the antenna located at customer’s location more than 10 days after its installation.

• Repair or restoration of any structure or surface altered or penetrated by CW or Installer during the installation or

removal of the antenna, mast, tripod, wiring or any other CW equipment located at customer’s location.

• Any storms or acts of God causing damage to equipment at customer’s location or tower locations’.

• Any damage caused by the customer or others including animals, lawn equipment, etc.

6. 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 labor of

installation of 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.

7. 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.

8. 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.

9. 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.

10. 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. A copy of the terms and conditions can be found on the CW website.

11. COMMUNITY WIRELESS EQUIPMENT: Equipment remains the property of CW. We must have a valid credit card on

file or a refundable $250.00 security deposit will be required. If the Credit Card or Deposit is not required customer is still

responsible for the equipment cost if not returned to CW. Cost of equipment is approximately $1000.00. If not returned to

CW you will be billed for the cost of the equipment at your home. Customer agrees to pay the costs of the equipment if not

returned to CW. You agree that CW may use any means in which you have tried to pay your account in the past to

recover the money owed to the company, i.e. payment by check or credit card. CW also reserves the right to file criminal

charges for unrecovered equipment that customer has not paid for. Any fees and/or payment arrearages not collected will

be turned over to collection and CW reserves the right to file a suite in small claims court.

12. 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 $1000.00 which does not include Labor Cost. Community Wireless is

not responsible in any way for this equipment 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 falls under your home

owners or rental policy.

13. 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.

14. 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 manufacture 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 manufacture. The products that CW carries are a

matter of convenience to the customer only.

15. 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 weather they allow the number to be released to CW. To port your

number you will need to provide a copy of your last months phone bill and fill out the LNP form and submit it to CW.

Porting can take up two month’s 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 anytime after the thirty day trial the adapter is the property of the customer and there

are no returns or refunds on the Phone Adapter.

16. 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. 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.

17. 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 5) 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. 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. The clock on time starts from the time CW

is notified there is an issue.

18. 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 your equipment yourself and bringing it into CW. CW equipment consists of Antenna, 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 you will be invoiced for

the amount of the equipment damaged.

19. 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.

20. 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. Advanced billing is billed thirty days in advance. 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.

21. 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. (See section 17)

22. 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.

23. 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.

24. Fair Access Policy (FAP):