- Subscriber shall use only GigabitNow approved/provided ONT, or gateway equipment, to utilize the services. Subscriber shall reimburse GigabitNow on a time-and-materials basis for the cost to repair and/or replace equipment in the event of failure caused by Resident or Community.
- GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network- connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
- Residential Subscriber’s Agreements
Subscriber hereby accepts and agrees to the following:
a) Subscriber shall allow GigabitNow, SiFi Networks and their contractors reasonable and ongoing access to Subscriber’s Property to lay conduit and fiber optic cable, and install, activate, and maintain the necessary hardware on the outside and inside of Subscriber’s home, using appropriate equipment and practices.
b) Prior to installation, Subscriber shall notify GigabitNow of any known or suspected hazards on Subscriber’s Property (e.g. unmarked underground propane or diesel lines, sprinkler systems, drainage pipes) that might affect or obstruct the installation process;
c) Subscriber shall register for automatic monthly payments via Electronic Funds Transfer or credit card billing, for services billed at the 1st of every calendar month.
d) Subscriber shall pay a minimum of seventy dollars ($60) per month for an uncapped internet service connection of 250Mbps, or seventy-nine dollars ($79) per month for an uncapped internet service connection of 1Gbps, plus twenty-five dollars ($10) per month for any and each optional phone line provided as part of the Services, for the entirety of the term, such prices being subject to change at the commencement of each new term. Taxes and third-party charges, if any, are not included in the above prices and will be charged to Subscriber.
e) Subscriber is solely responsible for any costs, labor, and equipment associated with the set-up and proper operation of Subscriber’s individual personal telecommunications devices NOT required by the Services (i.e. the installation and operation of the fiber-optic conduit, cable and Gateway technology described below) and
f) Subscriber acknowledges and agrees that some or all of the Services provided by GigabitNow under this Agreement will be delivered by SiFi Networks and one or more third party contractors (“Contractor”), who will operate and manage the Fullerton Fiber City network and the associated Services provided to Subscriber.
- Payment, Cancellations, and Ownership Change.
a) Charges and payments are billed to and payable by Subscriber upon such time as the GigabitNow connection is ordered for installation pursuant to the terms and conditions of this Agreement (“Activation Date”).
b) For Subscriber payment purposes, the initial term of this Agreement commences on the Activation Date. The Activation Date is the date upon which connectivity to the Internet is established. This agreement will automatically renew on a month-to-month basis, or on an annual basis if selected as initial term, unless a written cancellation notice is received from Subscriber at least 30 days prior to the expiration of the then-current term.
c) If Subscriber cancels or denies service prior to completion of the Activation Date the Subscriber is responsible for any and all charges incurred by GigabitNow or its Contractor(s) for installation labor, equipment and materials delivered.
d) If Subscriber requests to cancel the Agreement during its initial Agreement period, Subscriber will be obligated to submit payment for the remainder of the Agreement term. If Subscriber cancels the Agreement during a month-to-month renewal period, Subscriber will be obligated to pay for the then-current one-month term.
e) Subscriber pays in advance for Services, monthly, via credit card or Electronic Funds Transfer, on the prescribed Billing Date. For all payments received more than 15 days after the Billing Date GigabitNow and/or its Contractor reserves the right to assess a $5 late fee, plus any incurred bank charge or fee. Subscriber’s failure to pay outstanding charges for more than 30 days after the Billing Date may result in suspension of Services, and an administrative fee for re-instatement of Services.
f) If a GigabitNow or Contractor technician is dispatched at the request of Subscriber, Subscriber will be billed for services provided at the standard rates of GigabitNow. If GigabitNow or its Contractor determines that the problem was the responsibility of GigabitNow or an associated third party, service charges may be waived.
g) This Agreement is personal to Subscriber and is not transferable.
- Cautions and Liability:
a) Emergency 911 phone service is available from GigabitNow, but is currently subject to important limitations, as described on the GigabitNow website (www.GigabitNow.com/Fullerton)
b) It is the sole responsibility of the Subscriber to back up all personal data, as GigabitNow does not.
c) GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network- connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
d) All Services offered pursuant to this Agreement are subject to the Terms of Service posted on GigabitNow website (www. GigabitNow.com/Fullerton), as updated from time to time. It is Subscriber’s responsibility to review the Terms of Service periodically to be informed of their content.
e) GigabitNow provide the Services “as is” and without any warranty, express, implied or statutory, unless expressly set forth in this Agreement. GigabitNow shall not be liable under any circumstances to Subscriber or any third party for any incidental, special, punitive, or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by the actions of GigabitNow or its Contractor(s), or their inability to perform their obligations hereunder, or arising from software or hardware malfunctions.
f) Subscriber hereby agrees to indemnify and hold harmless GigabitNow and its Contractor(s), their directors, officers, officials, employees, agents, committees, and volunteers from any and all liability, claims, injuries, damages, losses, suits, or demands whatsoever against any of them arising out of or in connection with the Services delivered to the Property pursuant to this Agreement and for which GigabitNow or its contractors are not negligent or otherwise solely responsible.
- Service Interruptions and Legal Action:
a) In the event of a Service interruption, GigabitNow or its Contractor may provide a credit on the Subscriber’s account. Please refer to the Subscriber Services Terms and Conditions when ordering on the website (www.GigabitNow.com/Fullerton) for a complete statement of current policies on service interruption.
b) In the event of any suit or other legal action arising from or relating to this Agreement, the laws of the State of California shall apply. Venue shall be in the Superior Court of Orange County, California. The prevailing party shall be entitled to recover all of its reasonable and necessary costs and expenses, including such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any judgment or ruling.
c) The parties expressly intend and agree that this Agreement shall be fully executed and enforceable upon the electronic signature of Subscriber.
d) All notices required to be in writing hereunder shall be deemed given when received by a party by email, facsimile, courier service, or mail. All notices shall be directed to the signatories at email@example.com.