The acceptance of these Terms and Conditions establishes an Agreement, commencing and effective upon the date of acceptance, between the commercial internet subscriber/user (hereinafter “CUSTOMER”) and LightGig Communications, LLC, or it’s Affiliate or Subsidiary through which SERVICE is provided (hereinafter “LIGHTGIG”), and sets forth the terms and conditions wherein LIGHTGIG provides Fiber-Optic Internet Service (hereinafter “INTERNET”) to CUSTOMER’S location (hereinafter BUILDING) located at ____________________________________(Hereinafter “PROPERTY”).
1. SERVICE: LIGHTGIG shall provide to CUSTOMER, INTERNET consisting of: 1) one fiber optic cable, 2) installed in conduit and 3) other appurtenant facilities along with 4) wall penetration and 5) Fiber Termination Equipment mounted inside the BUILDING (hereinafter collectively “EQUIPMENT”,). Said EQUIPMENT shall provide INTERNET with download
and upload capacity at speeds up to those described in the quote (incorporated herein as EXHIBIT A).
a). All EQUIPMENT is owned, managed and maintained by LIGHTGIG and any damage to any EQUIPMENT caused by CUSTOMER shall immediately be reported to LIGHTGIG. Any repairs, replacement or modification to the EQUIPMENT shall be made by LIGHTGIG and any costs incurred for materials and/or labor shall be immediately paid by CUSTOMER. Failure of CUSTOMER to pay for said work completed by LIGHTGIG shall result in immediate discontinuation of INTERNET.
b). CUSTOMER shall notify LIGHTGIG of any proposed installations of fences, landscaping, sprinkler systems or other work planned on the PROPERTY or the BUILDING prior to the commencement of any work on or within these areas. Within seven (7) days of receiving notice, LIGHTGIG shall locate any EQUIPMENT, buried or above ground, that is within the PROPERTY or the BUILDING that could be damaged by the proposed work. Once EQUIPMENT is located, CUSTOMER may be advised to modify plans and/or relocate improvements to avoid damage to the EQUIPMENT. In the event LIGHTGIG is not notified, any damages to EQUIPMENT shall be addressed according to section 1- a) above.
c). CUSTOMER acknowledges and agrees that customer is solely responsible for the content and all other aspects of the information accessed through the INTERNET provided by LIGHTGIG.
2. TERMS AND PAYMENTS: INTERNET shall be provided to CUSTOMER on a month to-month basis and EQUIPMENT shall be installed on the PROPERTY on or before 30 days past the effective date of this Agreement in conformance with the provisions of Section 3, below. The SERVICE is exclusively for Commercial use and is paid at a monthly rate as outlined in the quote (incorporated herein as EXHIBIT A), paid in advance on or before the
first day of each month by automatic withdrawal from a checking, debit or credit card account. Special accounts such as bank checks, cash payments or other forms of payments may require modification of terms and/or rate and will be determined on a case-by-case basis. Notification of changes to the monthly rate shall be given to CUSTOMER no later than 60 days in advance of the rate change. Additional equipment, capacity or INTERNET cables may be provided at additional cost, depending on availability. The cost of the INTERNET is quoted based upon the information provided in LIGHTGIG’s questionnaire (incorporated herein as EXHIBIT B). LIGHTGIG reserves the right to terminate the service or charge surcharges if the information provided in the questionnaire is found to be false.
a). INTERNET may be discontinued without notice if payments are not received as described above. Reinstatement of INTERNET following discontinuation for non-payment shall require a $100 reinstatement fee.
b). CUSTOMER may terminate INTERNET at any time and for any reason by giving notice to LIGHTGIG. Regardless of the date of notification of termination, the effective date of termination will occur on the last day of that month’s billing cycle. No pro-rations, partial payments or credits will be applied.
c). CUSTOMER agrees to be bound by the Acceptable Use Policy as found on LIGHTGIG’s website. LIGHTGIG reserves the sole discretion to deny or restrict INTERNET Service or immediately suspend or terminate INTERNET Service, if the use of INTERNET Service by you or anyone using it, in our sole discretion, violates the Agreement, is unlawful, or interferes with the functioning and/or use of the INTERNET and/or equipment belonging to LIGHTGIG.
The following are non-limiting examples of conduct that may lead to termination of INTERNET Service. (a) Access without permission the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of LIGHTGIG or any other entity, or to penetrate the security measures of LIGHTGIG or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) introduce viruses, worms, harmful code or Trojan horses on the Internet.
d). LIGHTGIG further reserves the right to cancel, restrict, suspend, or terminate an INTERNET subscription at LIGHTGIG’s sole discretion for
any reason with or without cause by giving CUSTOMER 30 days notice to the email address used during CUSTOMER signup.
3. INSTALLATION AND HOOKUP: Installation of INTERNET shall be scheduled upon execution of this Agreement, setup of automatic payment procedure and pre-payment of Installation Fee in the amount provided in EXHIBIT A. The First Month’s Payment shall be
collected at the time of the installation. CUSTOMER must be present during Installation and CUSTOMER hereby grants access to LIGHTGIG personnel to install INTERNET facilities on and around BUILDING. At the time Installation is completed, a representative from LIGHTGIG shall inform CUSTOMER of INTERNET use procedures. a). Hookup of CUSTOMER equipment such as wiring, routers, audio/visual components, or other Internet accessories will not be installed by LIGHTGIG and are CUSTOMER’S responsibility.
4. CUSTOMER SERVICE: CUSTOMER will receive prioritized customer support from our customer support team as part of our commercial plan. This means that CUSTOMER will be placed as a priority, along with other commercial customers, above residential customers if an INTERNET outage occurs and restoration resources will first be used to restore INTERNET for commercial CUSTOMERS. LIGHTGIG does not guarantee that technicians will be available outside of LIGHTGIG’s business hours to assist in troubleshooting or repairing INTERNET.
5. WARRANTIES AND LIMITATION OF LIABILITY: CUSTOMER acknowledges and agrees that the INTERNET provided herein is provided on an “As-is” or “As-available” basis. LIGHTGIG does not warrant that any service or equipment provided will perform at a particular speed or capacity, or will be continuously available at all times. LIGHTGIG shall endeavor to maintain and manage the INTERNET provided, but shall not be responsible for interruption of service due to circumstances beyond its reasonable control, including but not limited to acts of Federal, State or Municipal governmental bodies, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption or delay of third party or upstream service providers, or interruption of power or other equipment needed for provision of INTERNET.
GOVERNING LAW: The validity, interpretation, enforceability and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
Website Clickwrap and Online Signatures: This Agreement may be executed via online clickwrap or online signatures. The CUSTOMER acknowledges that upon clicking online, indicating that he agrees to these terms and conditions this contract becomes binding upon the CUSTOMER without any further signature.
NOTICES: All notices or other communications hereunder shall be deemed to have been fully given when made in writing and delivered in person, email, or United States mail, and addressed as follows:
CUSTOMER CONTACT: As provided in EXHIBIT B
LIGHTGIG CONTACT: [email protected]