OPTIMUS COMMUNICATIONS, LLC
TERMS OF SERVICE
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH OPTIMUS COMMUNICATIONS, LLC WILL PROVIDE ITS CUSTOMERS WITH HIGH SPEED Wireless Internet (“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.
WIRELESS BROADBAND INTERNET SERVICE CHARGES
The applicable charges for the High-Speed 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 Wireless High Speed 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 medication 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.
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
OPTIMUS COMMUNICATIONS, LLC Provides broadband Internet service through wireless medium. Many factors can effect 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 Bradco will attempt to identify the problem up to the customer Demarcation location. Bradco 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.
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.
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.
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 agree to comply with the above stated policy.
No waiver of any breach of this Agreement will be deemed a waiver of any future breach.
If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
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.
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.
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.