Customer Service Agreement
Ownership and Equipment
The equipment shall not be removed from the location without permission from Community Fiber Solutions (CFS). The equipment and any placement thereof shall at all times be the sole and exclusive property of CFS, and the customer shall have no rights or interests of any kind therein except only the right to use pursuant hereto. The Customer agrees to bear the entire risk of loss and damage to the equipment from any and every cause until the equipment is returned to CFS, ordinary wear and tear expected. All equipment must be returned to CFS upon cancellation or termination of Customer account. If equipment is not returned or is damaged, CFS has the right to charge for the full cost of the equipment including attorney fees and court costs if it becomes necessary to proceed with collection procedures. No delay by CFS in retrieving its equipment and wiring shall be deemed an “abandonment” of said equipment and wiring. In the event you need these materials removed from your property and have not been contacted by CFS, please call 866-586-1518 to arrange for CFS to remove the equipment and wiring.
CFS and any service reseller assume no liability associated with the use of our service, equipment, or the installation process. This includes, but is not limited to, attached computer equipment and user data. The Customer agrees to the authorized placement of CFS equipment for the completion of installation. The service requires a fixed wireless based system, which needs unobstructed line of sight between the customer’s antenna and CFS’s tower site to operate properly. The antenna could be subject to lightning strikes and should be disconnected from computer systems during electrical storms. Improper grounding of the antenna structures or tampering with antenna can have harmful effects on attached equipment and nearby property. The Customer understands that they must have proper surge protection on their computer and network components and that CFS is not liable for electrical damage. Local conditions, such as the Customer’s distance from CFS’s equipment, the Customer’s computer configuration and other Internet traffic, will affect the performance of the Customer’s Internet connection. CFS reserves the right to limit wireless bandwidth utilization and outgoing emails pursuant to its Acceptable Use Policy. CFS will not be held liable’ for any loss or other damage that is deemed to be a failure in service or because of any defect in any equipment, whether the equipment is supplied by CFS or by someone else, or because of any failure in the performance of that equipment. CFS reserves the right to refuse any residential or commercial wireless Internet access and equipment contract. The Customer agrees to waive any and all claims against CFS and any shareholders, manager, officer or employee of CFS for any act or omission by that person in the performance of this agreement, including but not limited to all claims based on implied warranties of merchantability and fitness for a particular purpose, and all damages, whether direct, indirect, consequential or otherwise.
Service Agreement Term
The term of this service agreement may become month-to-month after a minimum 24 consecutive months of on-time payments for residential service and 36 consecutive months of on-time payments for commercial accounts. The Customer agrees to provide a valid email address to CFS for billing purposes. The Customer authorizes CFS to charge the Customer’s auto pay information on file for installation and service charges unless another form of payment is specified and documented prior to installation. CFS at its sole discretion may increase the service rates for any renewal, or at any time. New rates are effective at the beginning of the next billing cycle. Cancellation of service will be effective on the last day of the current billing cycle. CFS must be notified by the customer to cancel services. CFS does not issue refunds for cancelled accounts including any prepaid accounts (i.e. quarterly, semi-annual, annual, etc.). Cancellation of service prior to the end of the billing cycle or the prepaid months will result in the forfeiture of monies paid to CFS for the service. The Customer has the option of keeping the service until their payment has been fully expended.
If at any time the Customer fails to make timely payments to CFS or fails to perform any obligation under this agreement, CFS, in addition to all other rights and remedies, may terminate this agreement, terminate Internet access, recover any payments incurred by charging the Customer’s auto payment information on file or by other means, recover from the Customer the total of monthly fees remaining on the Customer contract, and collect from the Customer all costs incurred in enforcing the terms of this agreement, including attorney fees, court costs and the full cost of equipment if not properly returned to CFS.