OPTIMUS COMMUNICATIONS, LLC
TERMS OF SERVICE
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO
WHICH OPTIMUS COMMUNICATIONS, LLC WILL PROVIDE ITS CUSTOMERS
WITH BROADBAND Internet (“Broadband”, “Fiber”, “Wireless”, “High Speed “,
“DSL”, “IPTV”, “Wireless Internet”, “Service”, “HDTV”, “VoIP”).
BY USING OPTIMUS COMMUNICATIONS, LLC INTERNET SERVICE OR
EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
BROADBAND INTERNET SERVICE CHARGES
The applicable charges for the Broadband Internet Service are identified at the time
Service is ordered. Unless otherwise prohibited by law or the rates for Service are
guaranteed by rates set forth in a fully executed annual or multi-annual contract for
service and conditions by OPTIMUS COMMUNICATIONS, LLC, OPTIMUS
COMMUNICATIONS, LLC may, in its sole discretion, change or modify the rates you
are charged for Broadband Internet Service at any time. A disconnect / reconnect fee of
$40.00 will be applied to all late accounts that are disconnected or placed on delinquent.
We may notify you of any such changes by posting notice of such changes on the website
or sending notice via e-mail or postal mail or on your bill. If you continue to use the
Service after notice of such change you accept any such modification. If you do not
agree to any modification made by OPTIMUS COMMUNICATIONS, LLC you must
stop using the Service and notify OPTIMUS COMMUNICATIONS, LLC A Service
charge will be assessed to your account at the rate or $80.00/hr for on-site repair of any
Internet equipment beyond the demarcation point.
PAYMENTS
OPTIMUS COMMUNICATIONS, LLC will bill monthly or annually for all charges
associated with Service. Charges associated with the Service are billed for the month in
advance. Payment in full is due no later than the due date indicated on your bill, or the
first day of the month. You are responsible for paying any taxes, surcharges, fees and
assessments imposed from time to time in connection with these Services. If you have
authorized payment for services or equipment by credit card or debiting a bank account,
no additional notice or consent is required before we invoice the credit card or debit the
bank account for all amounts due to us for any reason. We may accept late payments,
partial payments or any payments marked as being paid “payment in full” or as being
settlement of any dispute without losing any of our rights under this agreement. You
agree to pay costs and fees we incur to collect any unpaid balance from you including
attorney’s fees. A reasonable handling charge, not less than $30.00, will be assessed for
all checks returned for any reason. Interest at the rate of 1.5% per month may be applied
in accordance with OPTIMUS COMMUNICATIONS, LLC standard credit policy to any
unpaid amount that is 30 days or more past due. This late payment fee will be in
addition to and not in lieu of any other remedies we may have hereunder or under the
law. If we do not receive written notice of a payment dispute within 60 days after your
receipt of a bill, the bill will not be subject to further challenge.
EQUIPMENT AND SECURITY
All equipment leased under rental terms from OPTIMUS COMMUNICATIONS, LLC
shall remain the property of OPTIMUS COMMUNICATIONS, LLC Upon termination
of service, you must return all equipment in the same condition as when provided, normal
wear and use accepted. Failure to do so with in 30 days for the cancellation date will
result in a charge to be determined with reference to OPTIMUS COMMUNICATIONS,
LLC’s then current schedule of equipment charge. You agree to pay such charge whether
such equipment is lost (through theft or otherwise) or destroyed. You are responsible for
the security of your computer, hardware, software applications, data and files. OPTIMUS
COMMUNICATIONS, LLC shall have no liability for any damage or loss to your
computer, hardware, software applications, data and files. We make no representation or
warranty that any software or content installed on your computer(s) or downloaded with
the Service does not contain a virus or other harmful feature and it is your sole
responsibility to take appropriate precautions to protect any computer or other hardware
of yours from damage to it’s software, files or data as a result of any such virus or other
harmful feature. For personal virus protection you may visit www.symantec.com
INTERFERENCE
OPTIMUS COMMUNICATIONS, LLC Provides broadband Internet service through
wireless medium. Many factors can affect your connection to the Internet including but
not limited to: distance from our transmission tower, Foliage (tree’s shrub’s bushes, etc)
Other wireless equipment that operates in the same spectrum as the CPE (client premise
Equipment). Wireless Spectrum is a dynamic Environment and are subject to change and
fluctuate at times. If the customer has a connection issue OPTIMUS
COMMUNICATIONS, LLC will attempt to identify the problem up to the customer
Demarcation location. OPTIMUS COMMUNICATIONS, LLC does not provide end user
support for computer problems, customer routers (whether purchased from us or from a
3rd party) or other private network equipment. If in our sole determination any
interference is generated locally or through the customer’s use of other equipment, it is
the customer’s sole responsibility to remedy the interference issue. This includes any
equipment that when powered on disrupts Internet Service. In NO event shall OPTIMUS
COMMUNICATIONS, LLC be responsible for any interference which is generated by
equipment under the direct control of the customer. This includes but is not limited to
interference from cordless phones, microwave ovens, wireless AV sender/receivers, or
other WIFI equipment.
NON REFUNDABILITY
All Equipment, Services and hardware purchased from OPTIMUS
COMMUNICATIONS; LLC includes a 30-day warranty from the date of Installation. All
hardware purchased from OPTIMUS COMMUNICATIONS, LLC is new and has full
manufacturer warranty. All Equipment purchased is non-Refundable, for any reason
beyond the 30-day warranty period. Optimus Communications, LLC, may at its sole
discretion purchase back from the customer the CPE. Removal of any equipment by
OPTIMUS COMMUNICATIONS, LLC will incur a separate fee. One time and single
use services such as charges for installation, setup fees, on site repairs, or any service that
are provided as a non re-occurring charge are non-refundable for any reason.
LIMITATION OF LIABILITY
We will not be liable for interruptions in Services caused by failure of your hardware or
software, failure of communications services, power outages, or other interruptions not
within the complete control of OPTIMUS COMMUNICATIONS, LLC including, but
not limited to: acts of God; acts of the public enemy; acts of the United States, a state or
other political subdivision; fire, floods or other natural disasters; accidents; wars; labor
disputes or shortages; and inability to obtain material, power, equipment or
transportation.
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR
THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS
LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCE SHALL OPTIMUS
COMMUNICATIONS, LLC BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS
OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S
FEES.
INDEMNIFICATION OF OPTIMUS COMMUNICATIONS, LLC.
You agree that OPTIMUS COMMUNICATIONS, LLC will not be liable or
responsible for any third-party claims or damages that arise from your use or another
person’s use of the Services or Internet access, further, you agree to reimburse us for all
costs and expenses related to the defense of any such claims, including attorney’s fees.
This provision will continue to apply after the Agreement ends.
TERMINATION
We may discontinue or terminate Service: (1) if you do not honor any provision of this
Agreement (including payment obligations to OPTIMUS COMMUNICATIONS, LLC
for these or any other services); (2) if you use the Service in a manner that adversely
affects service to other customers or harasses our customers or employees; (3) if you or
others use the Service to engage in fraud or unlawful conduct or are suspected of doing
so; or (4) any regulatory agency, legislative body or court restricts or otherwise prevents
OPTIMUS COMMUNICATIONS, LLC from furnishing Service.
The customer may terminate Service by giving OPTIMUS COMMUNICATIONS, LLC
Written notice of your intent to cancel service. Notice must be received 15 days prior to
the billing date on your account to avoid partial charges for the next billing period.
Customers under terms of contract for service will incur a $200.00 early termination Fee,
and reversals of any discounts, promotional savings, or free services provided under
terms of contract, including reversal of discounted monthly service rate for multi year
contract terms.
INTERNET ACCEPTABLE USE POLICY
You agree not to use or to allow others to use the Service, for illegal or inappropriate
activities, including but not limited to invading another person’s privacy; unlawfully
using, possessing, posting, transmitting or disseminating obscene, profane or
pornographic material; posting, transmitting, distributing or disseminating content which
is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or
otherwise offensive or objectionable. Service may not be resold nor shared without
expressed written consent from OPTIMUS COMMUNICATIONS, LLC By using the
service the customer agrees to comply with the above stated policy.
NO WAIVER
No waiver of any breach of this Agreement will be deemed a waiver of any future breach.
SEVERABILITY
If any part of the Agreement is held invalid or unenforceable, the remainder of this
Agreement will remain in force.
GOVERNING LAW
This agreement will be governed by the laws of the State of Colorado.
NO THIRD-PARTY RIGHTS
This agreement shall not provide any third party with a remedy, claim or right of
reimbursement.
ASSIGNMENT
We may assign this Agreement to another entity without any advance consent from or
notice to you. You may not assign this Agreement without our consent.
OUR RIGHT TO MAKE CHANGES
UNLESS OTHERWISE PROHIBITED BY LAW, WE MAY CHANGE PRICES,
TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE
BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING
NOTICE OF SUCH CHANGES ON THIS WEBSITE, UNLESS THE PRICES, TERMS
AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE
CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.
SERVICE PROVIDED UNDER TERMS OF CONTRACT TERM ARE EXEMPT
FROM PRICING CHANGE DURING THE CONTRACT TERM.
ENTIRE AGREEMENT
These terms and conditions together with the service order and any specific agreement
regarding a term commitment and price agreed upon by you and OPTIMUS
COMMUNICATIONS, LLC are the entire agreement between you and OPTIMUS
COMMUNICATIONS, LLC, which may only be amended as described above. These
terms and conditions supersede any inconsistent or additional promises made to you by
any of our employees or agents.