TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. Customer (Applicant) agrees to be bound by the terms and service conditions listed and the Acceptable Use Policy (AUP) of Southwest Arkansas Electric Cooperative, Inc. and/or its subsidiary, Four States Fiber, Inc. These terms have the right to change at any time and can be found at www.FourStatesFiber.com.
PAYMENT TERMS. Customer agrees to pay for all services provided by the service provider including but not limited to charges for installation, Equipment, Services, and all applicable local, state, or federal fees, taxes, and surcharges. Monthly billing for service begins once the service has been installed and connected to the applicant’s device(s).
TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to you at the address where Four States Fiber’s installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor occupant or to any other address without Four States Fiber’s prior written approval.
EASEMENT ON YOUR PROPERTY. In consideration of receiving Service from Four States Fiber, you hereby grant or will grant to Four States Fiber any easements required by Four States Fiber on, under, over or through your real estate for purposes of extending fiber optic cable so to provide Service to you and others as well as to perform maintenance, service, upgrades, and periodic clearing of rights of way. When economically feasible, all extensions shall follow any existing utility easements.
CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize Southwest Arkansas Electric to enter upon the premises for the purposes set forth in this Agreement, including but not limited to: (a)placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property, and if necessary, to install an above ground pedestal on the premises; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting Service.
WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. Our Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted or error free.
CUSTOMER INDEMNIFICATION. You agree that you shall be responsible for and shall defend, indemnify, and hold harmless Four States Fiber 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 us in connection with any claims, suits, judgments and causes of action arising out of (i) your 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 your use of the service or any unauthorized apparatus or system; and (iii) your breach of any provision of this agreement.
SERVICE INTERRUPTIONS. We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. We assume no liability for any substitution, discontinuation or modification of any programming. We will restore service within a reasonable time after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.
POWER REQUIREMENTS. The applicant understands that the fiber optic service requires electricity at the applicant’s service location and if an electrical service outage occurs that the fiber optic service, which could include telephone service, will not function during the outage period.
CUSTOMER CONTACT. The applicant consents that Four States Fiber may contact him/her by calls and text messages to the phone numbers provided on this application.
CREDIT INQUIRIES. Subscriber authorizes Four States Fiber to make inquiries and to receive information about Subscriber’s credit experience from others, to enter such information into Subscriber’s file, and to disclose such information to appropriate third parties for reasonable business purposes. Subscriber further authorizes and consents to Four States Fiber reporting any late payment or non-payment of any Service Fees by Subscriber to credit grantors or credit reporting agencies.
EQUIPMENT. Depending on Level of Service available to and selected by Subscriber, certain equipment will be required for Service. This equipment may include an Optical Network Terminal, in-home fiber cable, DVR set-top box, non-DVR set-top box wi-fi extender, gigabit switch, power strip, battery back-up unit, and remote controls (the “Equipment”). Four States Fiber will provide Subscriber with the Equipment, which shall at all times remain the property of Four States Fiber, shall not be tampered with, and upon termination or cancellation of Service shall be returned to Four States Fiber in the same condition as existed at the time of delivery, reasonable wear and tear excepted, within ten days from the date of termination or cancellation. All Equipment must be returned to a Four States Fiber business address, which can be found on Four States Fiber’s website, www.FourStatesFiber.com. Failure to return the Equipment to Four States Fiber within ten days will result in Subscriber being liable for and charged the cost of the Equipment.
PRICING. Current installation prices and monthly fees for each level of service offered by Four States Fiber are posted at www.FourStatesFiber.com. Four States Fiber reserves the right to change prices and institute new fees at the beginning of each month-to-month calendar period. If Subscriber doesn’t agree with any changes in prices or new fees, Subscriber may cancel Service in compliance with the Agreement. Any upgrades to existing service may incur additional installation charges.