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BROADBAND SERVICE AGREEMENT (Rev. 01/2020)

By signing this agreement and the installation work order for broadband services, including but not limited to high speed data, video or phone (individually and collectively “Services”) provided by Velocity, a division of The Butler Rural Electric Cooperative Association, Inc. (Velocity), you (Customer) acknowledge that you are at least 18 years of age and legally authorized to agree to the Terms and Conditions and billing procedures outlined below.

 

 

• SUBSCRIPTION AND PAYMENT TERMS.   Customer is subscribing to Services set forth for a minimum of 12 months, unless otherwise indicated in this contract. Customer agrees to pay monthly charges in advance, including all applicable taxes, fees and deposit. Customer agrees to pay for all Services provided by Velocity including but not limited to charges for installation and equipment.  Customer will comply with, and be bound by, the existing and all future amendments, alterations, changes or revisions of the by-laws of Velocity together with the Rules and Regulations of Velocity.

 

 

 

• LATE/OTHER CHARGES AND SECURITY DEPOSIT .   Customer understands and gives permission for Velocity to check the applicant’s credit history.  Customer understands that Velocity may require a security deposit and/or issue penalty fees and/or finance charges for monthly charges not paid by stated due date. The penalty fee and/or finance charges are a reasonable estimate of costs to manage past due accounts. If Service is disconnected, Velocity may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any fees, before service is restored. If Customer’s check is returned for insufficient funds, Velocity may impose a service charge based on fee schedule. Further, Customer understands and agrees that Velocity may charge the credit card on file any time the account becomes past due, in accordance with applicable law.  If Customer has not paid amounts due within 30 days of the due date, a collection agency and/or attorney may be engaged to collect amounts due. Customer agrees to pay Velocity for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.

 

 

 

• OWNERSHIP OF EQUIPMENT-RISK OF LOSS.   “Equipment” includes all Equipment installed by Velocity in or on Customer premises including, without limitation, inside or outside optical network units (ONT) and wiring. This equipment and other Velocity property and facilities (Equipment) delivered to Customer and/or installed on the premises to receive the Service shall remain the sole and exclusive property of Velocity. Customer assumes the risk of loss, theft or damage to all Equipment at all times prior to the removal of the outside units by Velocity or return of the inside units by Customer. Customers agree to pay any inside Equipment lease charges associated with the Service. Upon termination of Service for any reason, Customer agrees to immediately return all inside Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Velocity within 5 days of the termination. In the event that the Equipment is destroyed, damaged, lost or stolen, or the inside unit is not returned to Velocity for any reason within 5 days of termination, including fire, flooding, storm or other incident beyond Customer’s control, Customer shall be liable to Velocity for the full replacement cost for any unreturned or damaged Equipment. Customer agrees to allow Velocity access to the property to remove any outdoor equipment. Customer will not attempt to remove outside equipment. Custom installation material and equipment will not be removed. Further, Customer understands and agrees that Velocity may charge the credit card on file at time of termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law.

 

 

 

• TAMPERING/MISUSE/LOST/STOLEN. Customer shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels.  Equipment cannot be removed from Customer premises and used in another location. Customer is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Customer possession, Customer shall be liable for the cost of repair or replacement of the Equipment.

 

 

 

• TERMINATION OF SERVICE BY CUSTOMER . Account holders may terminate Service upon completion of initial term, an early termination fee may apply. Account holders may terminate Service in person at the office or by telephone.  Account holders are liable for all Services rendered by Velocity up to the time the account has been de-activated and all inside Equipment has been returned. Installments for material and equipment being made over time are due in full at the time of termination. Customer agrees to allow Velocity access to the property to remove any outdoor equipment. Customer will not attempt to remove outside equipment. Custom installation material and equipment will not be removed. Further, Customer understands and agrees that Velocity may charge the credit card on file for any unpaid charges, in accordance with applicable law.  

 

 

 

• THEFT OF SERVICE.   The receipt of Services without authorization is a crime.  Customer understands that the law prohibits willful damage, alteration or destruction of Equipment.  Customer may be subject to both civil and criminal penalties for such conduct. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from Velocity.

 

 

 

• TERMINATION OF SERVICE BY SERVICE PROVIDER.   Velocity will give Customer seven (7) days’ prior notice of disconnection of all or part of Service, except if the disconnection is requested by Customer. If Customer’s bill is not paid after notification is received, Velocity may disconnect Service. Upon termination for any reason, Velocity may charge additional fees on any unpaid balance. Further, Customer understands and agrees that Velocity may charge credit card on file in the amount of any outstanding balance, fees and for the cost for any unreturned or damaged Equipment, in accordance with applicable law.

 

 

 

• CHANGES IN SERVICE/CHARGES. Velocity may change or eliminate Services and charges.

 

 

1. Velocity will give Customer 30 days’ notice of increases or other changes in charges, or
2. Services in conformity with applicable law.

 

 

• TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided at the address where Velocity completes installation. Account holder may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without providing Velocity with written consent from original customer and successor (unless previous party is deceased and, in that case, will need to provide a death certificate). Transferee agrees to sign Velocity Broadband Service Agreement. Service Obligations not transferred until New Agreement sign by successor customer.

 

 

 

• SERVICE AND REPAIRS.   Velocity will make reasonable efforts to maintain system and respond to service calls in a timely manner.  Velocity will repair Equipment damaged due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is Customer’s sole responsibility. Customer is responsible to pay cost of repair or replacement.

 

 

 

• ACCESS ON PREMISES.   As a condition of receiving services, Customer grants to Velocity authorization to enter premises to construct, install, maintain, inspect, replace and/or remove all Equipment necessary to provide Services. Furthermore, as the owner of the premises at which the Services are provided, Customer will, upon request, grant to Velocity a perpetual easement without charge to enter and to construct, install, maintain, inspect, replace and/or remove our outlets, transmission lines and all other Equipment necessary to provide Services to Customer and others. Customer, if owner, will also grant the right to remove trees and obstructions to provide clear right-of-way for all communication cable and equipment.

 

 

1. If Customer is not the owner of the premise, Customer warrants that he/she has authority to grant such access to Velocity or that he/she has obtained the consent from the owner of the premises for Velocity to install and maintain Equipment as indicated on work order. In addition, customer agrees to supply Velocity or our agent the owner’s name, address and phone number and/or evidence that the owner has authorized in writing you to grant access to Velocity and its agents to the premises.
2. Customer will be responsible for payment of any charges assessed by Velocity for visits to customer premises to install, maintain, inspect, repair or remove any services and equipment, without limitation, in response to any difficulty cause, in whole or in part, by  equipment, services or facilities not provided by Velocity, for service calls at times other than normal business hours and for any non-routine installation or maintenance.
3. Customer agrees to provide Velocity employees and representatives with a safe working environment while on the premises. If a Velocity employee or representative deems the working environment unsafe in his/her sole discretion, customer agrees that Velocity may elect not to provide any services, including without limitation installation, repair, maintenance, support or training services, on the premises until such premises are deemed safe by Velocity.

 

 

• PRIOR ACCOUNTS. Customer warrants that no monies are owed from previous accounts with The Butler Rural Electric Cooperative Association, Inc or its subsidiary, Regional Media Corporation. If Velocity finds a prior account with Customer where money is owed to Butler Rural Electric Cooperative or its subsidiary Regional Media Corporation, then Velocity may apply any funds received to that prior account.  Prior accounts where money is owed to The Butler Rural Electric Cooperative or its subsidiary Regional Media Corporation must be paid in full before starting broadband services.

 

 

 

• WARRANTY DISCLAIMER; LIMITATION ON DAMAGES.   SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  VELOCITY DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

 

 

1. Velocity makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder.
2. Limitation of Liability: Velocity shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of Velocity,  or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails. 
3. Customer Exclusive Remedy: Velocity’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by Velocity of any obligation Velocity may have under these Terms and Conditions shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Velocity’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 30 day period.

 

 

• CUSTOMER INDEMNIFICATION.   CUSTOMER IS RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS VELOCITY AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE VELOCITY FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY VELOCITY IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION

 

 

1. ARISING OUT OF (i) CUSTOMER 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 CUSTOMER USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) CUSTOMER BREACH OF ANY PROVISION OF THIS AGREEMENT.

 

 

• SERVICE INTERUPTIONS.   Velocity assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. However, credit adjustments will be determined on a case by case basis.

 

 

 

• VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY: Customer understands and acknowledges that access to Velocity Phone service may be lost or the service may not function properly, including the ability to call for 911/E911 service , under certain circumstances, including but not limited to, the following: (i)  Velocity NETWORK OR FACILITIES ARE NOT OPERATING (ii) BROADBAND CONNECTION IS LOST; (iii) CUSTOMER IS EXPERIENCING A POWER OUTAGE ; (iv) ELECTRICAL POWER TO THE OPTICAL NETWORK TERMINATOR (ONT)  IS INTERRUPTED; (v) CUSTOMER FAILURE TO PROVIDE A PROPER SERVICE ADDRESS OR MOVING THE SERVICE TO A DIFFERENT ADDRESS.  Customer understands and acknowledges that in order for 911/E911 calls to be properly directed, Velocity must have current service address and if Service is moved to a different address without Velocity approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the

 

 

1. Velocity Phone service (including 911/E911) may fail altogether.  Customer is required to notify Velocity of any change of address of the voice enabled advanced equipment for
2. 911/E911 calling service to work properly. Customer agrees that, to the maximum extent allowed by law Velocity shall have no liability for any damages caused, directly or indirectly, by Customer’s inability to access the Services, including the Velocity Phone and 911/E911 services. Customer agrees to defend, indemnify, and hold harmless Velocity, its officers, directors, employees, affiliates and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or
3. any third party or user of account relating to the absence, failure or outage of the Service, including
4. 911 dialing and/or inability of Customer or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel.

 

• INTERNET ACCESS SPEEDS.   The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between Velocity facilities and the network interface device at Customer premise. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of Velocity. Actual internet speeds vary due to many factors including the capacity or performance of computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which Customer is communicating, congestion on the network and the general speed of the public internet. The actual speed may affect Customer on-line experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, Velocity reserves the right to implement network management controls to optimize and attempt to ensure that adequate speed and data transfer is available to all internet service customers.

 

 

 

• INTERNET USE.   Customer understands that use of Services is subject to Velocity’s Acceptable Internet Use Policy, which may be amended from time to time. Policy can be found online at velocity.coop or by contacting Velocity. Customer assumes all responsibility and liability for the security of information on personal devices, including but not limited to computer, information transmitted or received through the Services. Velocity assumes no responsibility and disclaims any liability for the security of any information on Customer personal devices, or the security or accuracy of any information or data transmitted or received through the Services. Velocity has no responsibility and disclaims any liability for unauthorized access by third persons to Customer personal devices, files, or data or any loss or destruction of files or data.

• TROUBLESHOOTING.     Please contact Velocity tech support 24/7 for service issues at 833-228-1137 relating to Velocity’s internet, video and telephone services.

 

 

 

• COMPLIANCE WITH AGREEMENT. Velocity reserves the right to suspend performance or terminate Service for the breach of any of these Terms and Conditions or policies related to the Services at any time for any reason.

 

 

BY EXECUTING ABOVE CUSTOMER UNDERSTANDS AND AGREES WITH ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. FURTHER, CUSTOMER UNDERSTANDS THAT SERVICE REQUIRES ACTIVE ELECTRIC SERVICE AT CUSTOMER LOCATION AND IF AN ELECTRICAL SERVICE OUTAGE OCCURS, THE FIBER OPTIC SERVICE, INCLUDING ALL TELEPHONE SERVICES, IF ELECTED, MAY NOT FUNCTION. CUSTOMER AGREES TO AUTHORIZE PAYMENT BY CREDIT CARD FOR ALL TRANSACTIONS COVERED IN THIS AGREEMENT OR OTHERWISE AUTHORIZED BY SAID CUSTOMER.