Terms & Conditions
The services referenced in the Terms and Conditions document (“Service” or “Services”) are offered to Customer by Dobson Technologies – Transport and Telecom Solutions, LLC and its controlled affiliates (“Company”). The Terms and Conditions between Company and Customer sets forth the legal rights and obligations governing the Company’s offer, provisioning and delivery of Services and Customer’s receipt and use thereof.
The Company will provide all services that you, the Subscriber, request, on the following terms and conditions. All Company services are referred to as “Service” or “Services”. If you receive Company’s internet service, you will also be bound by the Company’s Acceptable Use Policy.
A. Company’s Obligations
Install in a workmanlike manner, the Company necessary equipment and materials.
Maintain Company equipment in accordance with reasonable industry standards and applicable regulations. Company shall have no responsibility for the maintenance of your Internal Wiring.
These obligations do not include responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment. Company cannot guarantee speeds or service, Company will provide the fastest available speed for your rate plan, but all internet connection speeds are, by their nature, not guaranteed.
B. Your Obligations
Pay all installation, service or other charges on receipt of Company’s bill. Charges are according to Company’s rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to additional local fees, taxes or other charges. Some fees and charges are payable in advance. If you terminate Service before the end of a prepaid period, Company will schedule your cancellation at the next available bill cycle. If you or Company terminate Service, Company may transfer outstanding balances for Services provided under this Terms and Conditions to other accounts that you have with Company. If you fail to make timely payment, Company may terminate Service, remove Company equipment and impose late fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum amount permitted by law. Provide Company’s employees and representatives with a safe working environment. Assume complete responsibility for improper use, damage or loss of any equipment furnished by Company. Allow Company access into your premises to install, maintain or repair, upgrade (if any), and remove Company equipment. Company personnel have Company identification you may request and examine. If you are not home at the time of a service call, you authorize any other adult resident or guest at your residence to grant Company access to your premises. Any attempted assignment or transfer of the Services is a breach of this Agreement.
If you do not own your premises:
i. You represent that you have obtained necessary permission from the owner to install Company’s equipment (including, without limitation, equipment attached to the outside of the premises); and
ii. You will indemnify Company from all claims of the owner in connection with the installation and provision of the Services.
All Company Equipment and embedded Software (Equipment) provided to you by Company or its agent will remain the property of Company. Company shall have the unrestricted right, but not the obligation, to install or modify the software in any of the Equipment. It is a material breach for you to copy, duplicate, reverse engineer or in any way tamper with or interfere with any Software provided to you by Company. You also agree:
To use the Equipment only for receiving Services ordered from or through Company.
To promptly return the Equipment to Company in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service. If you do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”), the damages Company will incur will be difficult to ascertain. Therefore, you agree to pay, and Company may charge your account, a liquidated damages amount equal to Company’s reasonable estimates of the replacement costs and incidental costs that Company incurs; provided, however, that such amount will not exceed the maximum amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination or expiration of this Agreement.
D. LIMITATION OF WARRANTIES AND LIABILITY
COMPANY, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“COMPANY GROUP”) MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. THE COMPANY GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE COMPANY GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE COMPANY GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE COMPANY GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE COMPANY GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.
E. Pole Attachments
If Company makes use of poles owned by the local telephone company and/or the electric company, the continued use of these poles is in no way warranted by Company. You agree that you will make no claim or take any action against Company or utility if Service to be provided by Company hereunder is disrupted or discontinued due to unavailability of the poles.
F. Breach of Agreement
If you breach this Agreement, or any other agreement referenced herein, Company has the right to terminate this Agreement and enter your premises to remove its equipment. Company failure to require your strict performance of any term of this Agreement shall not be construed as a waiver of Company’s right to require strict performance of the same or any other term or condition in this Agreement.
G. Entire Agreement
This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between Company and you for the Services and Equipment. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.