TERMS AND CONDITIONS OF CONSOLIDATED FIBER SERVICE

Consolidated Cooperative’s Fiber Terms and Conditions apply to residential and small business fiber-optic services (individually and collectively as “Service” or “Services”) provided by Consolidated Fiber (“Consolidated”) on its gigabit passive optical network.  Service(s) provided to you (“Customer”) is set forth in your service contract and is subject to this document.

 

  1. ELECTRONIC/ONLINE ACCOUNT MANAGEMENT.

Customer is strongly encouraged to complete registration through and continue to utilize Consolidated’s electronic/online system (currently SmartHub) for managing all or most interactions between Customer and Consolidated. All monthly bills will be distributed via email and be available through SmartHub; paper bills will be issued for a nominal fee only by written or electronic request. Customers are encouraged to use automated payment programs to ensure regular and timely remission of monthly payments.

 

  1. LATE/OTHER CHARGES AND SECURITY DEPOSIT.

Customer understands that Consolidated may require a security deposit and/or issue administrative late fee (Late Fee) for monthly charges not paid by stated due date. The Late Fee is a reasonable estimate of costs to manage past due accounts. Examples of these costs include preparing additional bill statements, processing Customer service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts. Consolidated does not extend credit to Customers and the Late Fee is not interest, a credit service charge or a finance charge. If Service is disconnected, Consolidated may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any Late Fee, before service is restored. If Customer’s check is returned for insufficient funds, Consolidated may impose a service charge up to $30.00. If Customer has not paid amounts due within 30 days of the due date, a collection agency and/or attorney may be engaged to collect amounts due. Customer agrees to pay Consolidated for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.

 

  1. OWNERSHIP OF EQUIPMENT-RISK OF LOSS.

“Equipment” includes all Equipment installed by Consolidated in or on Customer premises including, without limitation, inside or outside optical network units (ONT, also known as a “Fiber Gateway”) and wiring. This equipment and other Consolidated property and facilities (Equipment) delivered to Customer and/or installed on the premises to receive the Service shall remain the sole and exclusive property of Consolidated. Customer assumes the risk of loss, theft, or damage to all Equipment at all times prior to the removal of the outside units by Consolidated or return of the inside units by Customer. Customers agree to pay any inside Equipment lease charges associated with the Service, if inside Equipment is chosen. Upon termination of Service for any reason, Customer agrees to immediately return all inside Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Consolidated within 5 days of the termination. If the Equipment is destroyed, damaged, lost, or stolen, or the inside unit is not returned to Consolidated for any reason within 5 days of termination, including fire, flooding, storm or other incident beyond Customer’s control, Customer shall be liable to Consolidated for the full replacement cost for any unreturned or damaged Equipment. Further, Customer understands and agrees that Consolidated may charge the credit card on file at time of termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law.

 

  1. TAMPERING/MISUSE/LOST/STOLEN.

Customer shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from Customer premises and used in another location. Customer is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Customer possession, Customer shall be liable for the cost of repair or replacement of the Equipment.

 

  1. TERMINATION OF SERVICE BY CUSTOMER.

Account holders may terminate Service upon completion of his or her contract, which is a minimum 24 months of broadband service, unless otherwise agreed to in writing. Consolidated Cooperative is bearing a considerable expense in building and operating its broadband fiber network for the community; this commitment helps us keep your monthly services affordable. Therefore, an early termination fee will apply, which is generally the number of months remaining on the contract, multiplied by the monthly service fee. Exceptions may include Managed WiFi or phone service, that may be on different term lengths and/or incur additional charges for termination. Account holders may terminate Service in person at the office or by telephone. Account holders are liable for all Services rendered by Consolidated up to the time the account has been de-activated and all inside Equipment has been returned.

 

  1. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE.

The Service shall only be provided at the address where Consolidated completes installation (Service Address). Account holder may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant, or to any other address without providing Consolidated with written consent from both parties (unless previous party is deceased, and in that case a death certificate is required).

 

  1. THEFT OF SERVICE.

The receipt of Services without authorization is a crime. Customer understands that the law prohibits willful damage, alteration, or destruction of Equipment. Sharing, resale, or use of the service beyond the address where the service is delivered is prohibited. Customer may be subject to both civil and criminal penalties for such conduct. Customer shall not move Equipment to another location or use it at an address other than the Service Address without prior authorization from Consolidated.

 

  1. TERMINATION OF SERVICE BY SERVICE PROVIDER.

Consolidated will strive to give Customer five (5) days’ prior notice of disconnection of all or part of Service, except if the disconnection is requested by Customer or for emergency purposes. If Customer’s bill is not paid after notification is received, Consolidated may disconnect Service. Upon termination for any reason, Consolidated may charge additional fees on any unpaid balance. Further, Customer understands and agrees that Consolidated may charge credit card on file at termination of Service in the amount of any outstanding balance, fees, and for the cost for any unreturned or damaged Equipment, in accordance with applicable law.

 

  1. CHANGES IN SERVICE/CHARGES.

Consolidated may change or eliminate Services and charges in conformance with applicable law, and/or, that are not under contract by Customer. Consolidated shall provide Customer with 30 days’ notice of increases or other changes in charges.

 

  1. SERVICE AND REPAIRS.

Consolidated will make reasonable efforts to maintain its system and respond to service calls in a timely manner. Consolidated will repair Equipment damaged due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is Customer’s sole responsibility and Customer is responsible to pay cost of repair or replacement in such cases.

 

  1. ACCESS ON PREMISES.

As a condition of receiving services, Customer grants to Consolidated authorization to enter premises to construct, install, maintain, inspect and/or replace all Equipment necessary to provide Services. Furthermore, as the owner of the premises at which the Services are provided, Customer will, upon request, grant to Consolidated a perpetual easement without charge on and through premises to construct, install, maintain, inspect, and/or replace Consolidated’s outlets, transmission lines, and all Equipment necessary to provide Services to Customer and others.

 

  1. If Customer is not the owner of the premises, Customer warrants that he/she has authority to grant such access to Consolidated or that he/she has obtained the consent from the owner of the premises for Consolidated to install and maintain Equipment it deems necessary to provide Services.

 

  1. ACCOUNTS.

Customer warrants that no monies are owed to Consolidated from a previous account and that Customer has no accounts with an affiliated company of Consolidated which are currently delinquent. Consolidated shall have the right to apply any amounts payable hereunder to any affiliate company account of Customer without the consent of the Customer if Consolidated deems such affiliate company account to be in default. If Consolidated applies amounts payable hereunder to a delinquent affiliate company account, Consolidated will notify Customer who will still be obligated to pay all amounts due hereunder for services.

 

  1. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES.

SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONSOLIDATED DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, ALTHOUGH WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT CONSOLIDATED IS DELIVERING A FIRST-RATE SERVICE THAT IS FULLY OPERATIONAL AND WITHOUT ERROR TO CUSTOMERS.

 

  1. Consolidated makes no warranty, express or implied, including any warranty of merchantability, fitness for a specific purpose, or non-infringement of either the Equipment or Service furnished hereunder.
  2. Limitation of Liability: Consolidated shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of Consolidated, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
  3. Customer Exclusive Remedy: Consolidated’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by Consolidated of any obligation Consolidated may have under these Terms and Conditions shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Consolidated’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 30-day period.

 

  1. CUSTOMER INDEMNIFICATION.

CUSTOMER IS RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CONSOLIDATED AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, AND CONTRACTORS, AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES, OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY CONSOLIDATED RELATING TO ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION

 

  1. ARISING OUT OF (i) CUSTOMER USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM CUSTOMER USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) CUSTOMER BREACH OF ANY PROVISION OF THIS AGREEMENT.

 

  1. SERVICE INTERUPTIONS.

Consolidated assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.

 

  1. VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY.

Customer understands and acknowledges that access to Consolidated Phone Service may be lost or the service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) CONSOLIDATED NETWORK OR FACILITIES ARE NOT OPERATING (ii) BROADBAND CONNECTION IS LOST; (iii) CUSTOMER IS EXPERIENCING A POWER OUTAGE; (iv) ELECTRICAL POWER TO THE FIBER GATEWAY IS INTERRUPTED; (v) CUSTOMER FAILURE TO PROVIDE A PROPER SERVICE ADDRESS OR MOVING THE SERVICE TO A DIFFERENT ADDRESS. Customer understands and acknowledges that in order for 911/E911 calls to be properly directed, Consolidated must have current service address and if Service is moved to a different address without Consolidated approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the

 

  1. Consolidated Phone service (including 911/E911) may fail altogether. Customer is required to notify Consolidated of any change of address of the voice enabled advanced equipment for 911/E911 calling service to work properly.
  2. Customer agrees that, to the maximum extent allowed by law Consolidated shall have no liability for any damages caused, directly or indirectly, by Customer’s inability to access the Services, including the Consolidated Phone and 911/E911 services. Customer agrees to defend, indemnify, and hold harmless Consolidated, its officers, directors, employees, affiliates, and agents and any others who furnish services relating to this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or
  3. any third party or user of account relating to the absence, failure or outage of the Service, including
  4. 911 dialing and/or inability of Customer or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel.

 

  1. INTERNET ACCESS SPEEDS.

The internet access speeds quoted are the best-effort maximum rates by which downstream internet access data may be transferred between Consolidated facilities and the fiber gateway (the network point of demarcation) at Customer premises. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of Consolidated. Actual internet speeds vary due to many factors, including the capacity or performance of a computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which Customer is communicating, congestion on the network, and the general speed of the public internet. The actual speed may affect Customer online experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, Consolidated reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service customers.

 

  1. INTERNET USE.

Customer understands that use of Services is subject to the Consolidated Fiber Acceptable Use Policy (AUP), which is incorporated herein and made part of this Agreement, which may be amended from time to time. The Policy can be found online at Consolidated.coop or by contacting Consolidated. The failure to abide by the terms of the Policy may result in the immediate termination of service without requirement of notice. Customer assumes all responsibility and liability for the security of information on personal devices, including but not limited to computer, and/or information transmitted or received through the Services. Consolidated assumes no responsibility and disclaims any liability for the security of any information on Customer personal devices, or the security or accuracy of any information or data transmitted or received through the Services. Consolidated has no responsibility and disclaims any liability for unauthorized access by third persons to Customer personal devices, files, or data, or any loss or destruction of files or data.

 

  1. TROUBLESHOOTING.

Please contact our customer service department for service issues relating to Consolidated Fiber Internet and/or Consolidated Phone Service at 800-421-5863.

 

  1. COMPLIANCE WITH AGREEMENT.

Consolidated strives to maintain high levels of Service delivery for its customers. We reserve the right to alter delivered service performance, and suspend or terminate Service for the breach of any of these Terms and Conditions, or policies related to the Services, to specific customers that fail to abide by these Terms.

 

  1. SEVERABILITY.

If any provision of this Agreement is found by a court or agency of competent jurisdiction to be unenforceable, the parties agree that the remaining provisions of these terms and conditions shall remain in full force and effect.

 

  1. WAIVER.

Consolidated failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future.

 

  1. CHOICE OF LAW / VENUE.

This Agreement shall be construed in accordance with and governed by the law of the State of Ohio.  Any legal action or other legal proceeding relating to this Agreement or the enforceability of any provision of this Agreement shall be brought or otherwise commenced in a State Court located in Delaware County, Ohio.

 

Revision 20180724