THESE TERMS AND CONDITIONS ARE SET FORTH BY CENTRIC FIBER, LLC (COMPANY) FOR THE PERSON OR ENTITY WHO MAKES USE OF COMPANY'S INTERNET SERVICES AND / OR PRODUCTS (CUSTOMER) AND IS SUBJECT TO ACCEPTANCE BY COMPANY. CUSTOMER'S ACCEPTANCE IS LIMITED TO THE TERMS AND CONDITIONS OF THIS OFFER.
Company shall provide and Customer shall accept Internet
Service (all Internet related services provided by Company offered herein and
hereinafter are defined as Service or Internet Service) at the applicable rates
and charges, subject to the Terms and Conditions specified herein. Company
shall provide Customer with an Internet access account ID(s) and phone
number(s) by which Customer may use Company's Internet system. Customer shall
not have any proprietary right to the access account ID(s) and phone numbers(s)
provided to it by Company. Company reserves the right to revise, in its sole
discretion, the rates, Terms and Conditions upon at least 30 days' written
notice to Customer, such notice to be given at least 30 days' prior to the
beginning of the next billing period. Customer agrees to pay for Service
pursuant to such revised rates, Terms and Conditions, unless Customer
terminates Service in accordance with these Terms and Conditions. Company
reserves the right to assign, designate or change access account ID(s) and
access phone number(s) when, in its sole discretion, such assignment
designation or change is reasonable or necessary in the conduct of its
business. Service is subject to transmission limitations caused by atmospheric,
topographical and any other like conditions. Additionally, Service may be
temporarily refused, limited, interrupted or curtailed due to government,
regulations or orders, system capacity limitations, limitations imposed by an
underlying communications carrier, or because of equipment modifications,
upgrades, repairs or reallocations or other similar activities necessary or
proper for the operation or improvement of Company's Internet system.
To support Company’s advanced fiber network, federal testing
regulations, and a superior customer experience, a Centric gateway is now
required for residential broadband service.
If the gateway is unplugged or powered off, broadband service will be
interrupted. For broadband services to
work, the Centric gateway is required to be plugged in.
Your broadband Internet access service performance can be
affected by a wide range of factors, many of which are beyond the control of
Centric. The capabilities of the server with which you are communicating, the
capacity of the network to which that server is attached, the distance and
number of routers (or "hops") between your device and the other
Internet end point you are contacting, and general congestion on the Internet
are common factors that can affect performance, regardless of your service
type. Other factors include, but are not limited to, the following:
Wired Services - Service performance may be affected by the
wiring inside your dwelling, the distance between your dwelling and a Centric
central office, the capabilities of your computer, and the applications you
Wi-Fi Services – Centric makes no guarantees about Wi-Fi
service delivered with a Centric provided device. Service performance may be affected by your
proximity to the device, the number of other users/devices connected, the
composition of the home/office where the device is located (wood, concrete,
etc.), radio frequency interference, the capabilities of your laptop, tablet or
other Wi-Fi capable device, and the applications you use.
Centric's Home/Commercial Wi-Fi service is designed to
provide customers with the highest speed available from the network at any
given point in time, subject to the many different factors discussed above that
can affect network performance.
2. USE OF SERVICE AND EQUIPMENT.
Service and equipment are furnished for use by Customer for
any lawful purpose. Customer warrants Customer is at least 18 years old.
3. CUSTOMER SERVICE REQUESTS BY ACCOUNT HOLDER ONLY.
A change or discontinuance of Service will be accepted only
from the account holder as shown on the application for Service.
4. LIMITATION OF COMPANY'S LIABILITY
(a) CUSTOMER UNDERSTANDS THAT ALTERNATIVE AND COMPETING
INTERNET COMMUNICATIONS CARRIERS ARE AVAILABLE TO CUSTOMER; OCCASIONAL
INTERRUPTION OR IRREGULARITIES IN THE SERVICE MAY OCCUR; ANY POTENTIAL HARM
FROM INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE IS SPECULATIVE IN NATURE;
COMPANY CANNOT OFFER THE SERVICE AT RATES WHICH REFLECT ITS VALUE TO EACH CUSTOMER;
AND COMPANY ASSUMES NO RESPONSIBILITY OTHER THAN THAT CONTAINED HEREIN.
ACCORDINGLY, CUSTOMER AGREES THAT EXCEPT AS LIMITED BY LAW, COMPANY'S SOLE
LIABILITY FOR LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS,
DELAYS, ERRORS, OR DEFECTS IN THE SERVICE OR TRANSMISSION OF SERVICE PROVIDED
BY COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER, OR FOR LOSSES OR DAMAGES
ARISING OUT OF THE FAILURE OF COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER
TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION SHALL BE AS FOLLOWS:
(1) A CREDIT ALLOWANCE AS DESCRIBED IN SUBSECTION 4 (a) (3) BELOW, WILL BE MADE
AT CUSTOMER'S REQUEST IN THE FORM OF A PRO-RATA ADJUSTMENT OF THE FIXED MONTHLY
CHARGES BILLED TO CUSTOMER. FIXED MONTHLY CHARGES ARE THE MONTHLY CHARGES FOR
ACCESS AND OPTIONAL FEATURES PER ACCESS ACCOUNT ID, ALL AS DESCRIBED IN THE
SCHEDULE OF RATES AND CHARGES IN EFFECT AT THE TIME OF INTERRUPTION. (2) SUCH
CREDIT ALLOWANCE WILL BE BASED UPON THE PERIOD OF THE TIME WHICH SUCH MISTAKES,
OMISSIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICE OR ITS TRANSMISSION CAUSED
INTERRUPTIONS IN THE RENDERING OF THE SERVICE. ANY SUCH PERIOD OF TIME AN
INTERRUPTION OCCURS WILL BE MEASURED FROM THE TIME IT IS REPORTED TO COMPANY.
CONCERNING CREDITS, NEW CUSTOMERS SHOULD NOTIFY A CENTRIC CUSTOMER SERVICE REP
(NOT TECHNICAL SUPPORT) IF THE CUSTOMER IS UNABLE TO ESTABLISH THEIR CONNECTION
WITHIN 30 DAYS AFTER ACCOUNT ACTIVATION. CREDITS WILL NOT BE GIVEN ON ANY
ACCOUNT FOR A LENGTH OF TIME OVER 30 DAYS. IN THE EVENT ANY CUSTOMER IS
AFFECTED BY AN INTERRUPTION FOR A PERIOD OF LESS THAN 24 HOURS, NO SUCH
ADJUSTMENT SHALL BE MADE. WHEN AN INTERRUPTION EXCEEDS 24 HOURS, THE LENGTH OF
THE INTERRUPTION WILL BE MEASURED IN 24 HOUR DAYS. A FRACTION OF A DAY
CONSISTING OF LESS THAN 12 HOURS WILL NOT BE CREDITED, BUT A PERIOD OF 12 HOURS
OR MORE WILL BE CONSIDERED AN ADDITIONAL DAY. (3) THE CREDIT ALLOWANCE WILL BE
COMPUTED BY DIVIDING THE LENGTH OF THE SERVICE INTERRUPTION BY A STANDARD 30
DAY MONTH AND THEN MULTIPLYING THE RESULT BY COMPANY'S FIXED MONTHLY CHARGES
FOR EACH INTERRUPTED ACCESS ACCOUNT ID. IN NO CASE WILL THE CREDIT EXCEED THE
FIXED MONTHLY CHARGES. (4) A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR MISTAKES,
OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS, OR CURTAILMENTS IN THE
SERVICE CAUSED BY THE NEGLIGENCE OR WILLFUL ACT OF CUSTOMER OR OTHER PARTIES,
OR MISTAKES, OMISSIONS INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS CAUSED BY
FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY COMPANY. (5) THE SERVICE
FURNISHED BY COMPANY, IN ADDITION TO THE LIMITATIONS SET FORTH PRECEDING, IS
ALSO SUBJECT TO THE FOLLOWING LIMITATION: THE LIABILITY OF COMPANY FOR LOSS OR
DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR
DEFECTS IN THE SERVICE, ITS TRANSMISSION OR FAILURES OR DEFECTS IN FACILITIES
OF THE UNDERLYING COMMUNICATIONS CARRIER, OCCURRING IN THE COURSE OF FURNISHING
SERVICE AND NOT CAUSED BY THE NEGLIGENCE OF THE AUTHORIZED USER, OR THE
UNDERLYING COMMUNICATIONS CARRIER IN FAILING TO MAINTAIN PROPER STANDARDS OF
MAINTENANCE AND OPERATION AND TO EXERCISE REASONABLE SUPERVISION, SHALL IN NO
EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE FIXED MONTHLY CHARGE TO
THE AUTHORIZED USER FOR SERVICE DURING THE PERIOD OF TIME IN WHICH SUCH
MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN SERVICE, ITS
TRANSMISSION, OR FAILURES OR DEFECTS IN FACILITIES FURNISHED BY COMPANY OR THE
UNDERLYING COMMUNICATIONS CARRIER OCCURRED.
(b) Company shall in no event be liable for Service or
equipment interruptions or delays in transmission, errors or defects in Service
or equipment, when caused by acts of god, fire, war, riots, government
authorities, default of supplier, or other causes beyond Company's or any
underlying communications carrier's control.
(c) Customer acknowledges that Internet systems use public
access facilities to transmit voice and data communications and that the
Service may not be completely private. Company is not liable to Customer for
any claims, loss, damages, or cost which may result from lack of privacy on the
(d) Customer acknowledges that Internet systems may carry
material which may be considered abusive, profane, or sexually offensive and
that Company is not liable to Customer for any claims, loss, damages or cost
which may result from such material.
(e) Customer hereby agrees to indemnify and save Company
harmless against claims for libel, slander, or infringement on copyright from
the material in any form over its facilities by Customer or those using
Customer's equipment; against claims for infringement of patents arising from
combining or using apparatus or systems of Customer with the facilities of
Company or any communications carrier; and against all other claims arising out
of any act or omission of Customer in connection with the facilities or Service
provided by Company.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES.
(a) CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT THE
MANUFACTURER OF EQUIPMENT AND INTERNET PACKAGE SOFTWARE, AND COMPANY HEREBY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH THE EQUIPMENT OR SERVICE OR
INTERNET PACKAGE SOFTWARE (WHETHER PURCHASED OR LEASED BY CUSTOMER FROM COMPANY
OR ANOTHER), INCLUDING BUT NOT LIMITED TO ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. COMPANY TO THE EXTENT PERMITTED BY LAW ASSIGNS TO CUSTOMER
ANY AND ALL MANUFACTURERS' WARRANTIES RELATING TO EQUIPMENT OR INTERNET PACKAGE
SOFTWARE PURCHASED BY CUSTOMER, AND CUSTOMER ACKNOWLEDGES RECEIPT OF ANY AND
ALL SUCH MANUFACTURERS' WARRANTIES
(b) CUSTOMER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND
EXCLUSIVE REMEDY IN CONNECTION WITH ANY DEFECTS IN THE EQUIPMENT OR SOFTWARE,
INCLUDING MANUFACTURE OR DESIGN, SHALL BE AGAINST THE MANUFACTURER OF THE
EQUIPMENT OR SOFTWARE UNDER THE MANUFACTURER'S WARRANTIES AND THAT COMPANY
SHALL HAVE NO LIABILITY TO CUSTOMER IN ANY EVENT FOR ANY LOSS, DAMAGE, INJURY,
OR EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO ANY
EQUIPMENT OR SOFTWARE OR SERVICE PROVIDED HEREUNDER. WITHOUT LIMITING THE ABOVE,
COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION TO CUSTOMER, IN EITHER CONTRACT
OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED
BY CUSTOMER, SUCH AS, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL
INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND INCURRED BY
CUSTOMER DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO ANY EQUIPMENT OR
SERVICE OR SOFTWARE DESCRIBED HEREUNDER, WHETHER OR NOT CAUSED BY COMPANY'S
NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. ANY REFERENCES TO
EQUIPMENT OR SOFTWARE IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO ALL
EQUIPMENT OR SOFTWARE PURCHASED BY CUSTOMER OR LEASED BY CUSTOMER FROM COMPANY
OR ANOTHER LESSOR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY. YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
6. INDEMNIFICATION AND RELEASE.
Customer agrees to release, defend, indemnify and hold
harmless Company, its officers and employees, to the full extent permitted by
law from and against any and all claims, damages, liabilities and expenses,
including legal and attorney fees, of any nature arising directly or indirectly
out of this relationship, including, without limitation, claims for personal
injury or wrongful death to Customer or users of the equipment, products or
services provided by Company or sued in conjunction with such equipment, products
or services provided by Company and arising out of the manufacture, purchase,
operation, condition, maintenance, installation, return or use of the equipment
or Service, or arising by operation of law, whether the claim is based in whole
or in part on negligent acts or omissions of Company, its agents or employees.
7. OPERATING RULES.
Customer agrees to abide by the Acceptable Use Policy of
Company which is subject to change from time to time. A current Acceptable Use
Policy will be maintained at Company’s website site
8. RATES AND CHARGES.
Unless otherwise agreed by Company, Customer will be billed
in advance for monthly access base rate charges and in arrears for simultaneous
log-ons, bandwidth and disk use charges.
(a) Payment is due to Company each month on the same day.
This date is 16 days after the issuance date on the bill.
(b) Customer shall be responsible for payment of charges for
all Services furnished by Company, including without limitation, Service
establishment fees, Service connection charges and charges for enhanced
features, sales and use taxes, other taxes required by law, fees or other
extraction imposed by or for any municipal or other political authority against
Company. Rates and charges shall be based on prices in effect at the time
Service is furnished. All set-up fees are non-refundable including the $20.00
set-up fee for the basic Internet account
(c) Payments received after the due date may incur a late
payment charge of the lessor of 1.5% per month or the highest rate permitted by
law of the unpaid balance for each month or fraction thereof that such balance
shall remain unpaid.
(d) In the event that Customer's equipment is lost, stolen
or otherwise absent from Customer's possession and control, Customer shall
nonetheless by liable for all use and other charges attributable to the
Internet access account ID until such time as Company is notified of the loss,
theft, or other occurrence.
9. DEFAULT AND WAIVER.
(a) In the event that Customer shall default in the payment
when due of any sum due hereunder, or in the event of any default or breach of
these Terms and Conditions, or if any proceeding in bankruptcy, receivership or
insolvency or petition for receivership shall be instituted by or against
Customer, Company, at its option, may:
(i) Proceed by appropriate court action or actions to
enforce performance by Customer of the applicable covenants and Terms and
Conditions or to recover damages for the breach thereof; and/or
(ii) Terminate this Service relationship, whereupon all
rights and interests of Customer shall terminate and Customer shall remain
liable for all Services provided.
(b) Customer shall pay to Company on demand any and all past
due amounts which Company may sustain by reason of such default or breach by
Customer, together with all other charges as provided by these Terms and
Conditions reasonable attorney's fees incurred by Company in connection with
such breach or default by Customer and all other costs and expenses incurred by
Company in collecting such amounts. All amounts shall be payable by Customer
without set off or deduction of any kind.
(c) The remedies provided in favor of Company in the event
of default shall not be deemed to be exclusive but shall be in addition to all
other remedies in its favor existing at law.
(d) No failure on the part of Company to exercise any right
or remedy arising directly or indirectly under these Terms and Conditions shall
operate as a waiver of any right or remedy it may have nor shall an exercise of
any right or remedy by Company preclude any other right or remedy Company may
Neither these Terms and Conditions nor Customer's rights
hereunder shall be assignable by Customer except with Company's prior written
consent. The Conditions hereof shall bind any permitted successors and assigns
11. ENTIRE TERMS AND CONDITIONS AND GOVERNING LAW.
Customer acknowledges that these Terms and Conditions
contain the entire understanding between the parties relating to the Services
and/or equipment described herein and that Company and its employees have not
made orally or in writing any representations, warranties or agreements
inconsistent with the Terms and Conditions herein. This Terms and Conditions
supersede all prior Terms and Conditions and understandings, both oral and
written, with respect to the subject matter hereof. Company may, at its sole
discretion, modify these Terms and Conditions. Customers continued use of
Company's Service signifies Customer's acceptance of the Terms and Conditions.
Customer agrees to notify Company within 30 days of any change of Customer's
address. These Terms and Conditions shall be governed by, construed, and
enforced in accordance with the laws of the state of Texas, County of
12. SEVERABLE PROVISIONS.
If any part of these Terms and Conditions is contrary to or
prohibited by or deemed invalid under applicable laws and regulations of any
applicable jurisdiction, the remaining provisions and parts thereof shall
remain and be construed in full force and effect to the extent permitted by
13. RENEWAL AND TERMINATION.
Unless Customer or Company terminates Service as provided
herein, these Terms and Conditions shall renew on a month-to-month basis.
Company reserves the right not to renew these Terms and Conditions at any time
prior to the conclusion of the initial or any renewal term by giving Customer
notice of same.