Residential and Small Business Services Agreement
Customer (“Customer,” “you” or “your”) agrees to be bound by these Residential and Small Business Service Terms and Conditions (“Service Terms”) with respect to all residential and small business internet access services (“Services”) provided to you by Digital Technology Solutions, Inc. dba DTS Fiber, its agents, employees, contractors, representatives, successors, assigns, parents, subsidiaries or affiliates (collectively, “DTS”).
a. Binding Agreement. This is a binding and legally enforceable agreement, including the attached Quote, which is incorporated herein by this reference. By signing this agreement, activating and using the Services, or opening any equipment or device from DTS, Customer agrees to the matters set forth herein. Customer shall include the agents, servants, employees, immediate family members, visitors, and tenants of Customer.
b. Use of Services – No Reselling. Customer agrees that the Services will be used only for Customer’s personal, residential, or small business purpose, unless otherwise specifically authorized by DTS in writing. Customer shall not resell or help anyone else to resell the Services.
c. Changes to Agreement. DTS reserves the right to change any term of this Agreement. If you disagree with any change to these Service Terms, then you may cancel this Agreement. However, continued use of the Services will constitute your agreement to any changes.
a. Payment of Charges. Customer agrees to pay all charges associated with the Services on a monthly basis. Should Customer terminate the Services before the end of a given month, Customer must still pay for the full month. Your Services may be suspended by DTS for nonpayment of the monthly billing.
b. Suspension. If Services are suspended for nonpayment of Customer’s billing, then Customer shall pay the past due balance, plus late fees and a reconnection fee, in order to get Services restored.
c. Disputes. DTS invites you to contact them with any billing or Services dispute at (775) 552-3611, Monday – Friday, 9:00 a.m. – 5:00 p.m., holidays excluded.
d. Purchased Devices. DTS is not responsible for the repair or replacement of any devices you purchase, through DTS, or any third party, to access the Services. Customer’s remedy shall be with the manufacturer of devices.
3. Payment Terms.
Payments for Services may be made by credit card, check, debit card, electronic funds transfer, or any other means acceptable to DTS. You are responsible for any fees incurred through use of your payment method.
a. Payment Authorization. By signing this Agreement, or accepting Services under this Agreement, you authorize DTS to charge your credit card, bank account, or debit card for the Services and equipment provided to you, including regular monthly Services charges. You agree to cooperate in all steps needed to set up your payments.
b. Electronic Payments. You agree that DTS can store your payment method for future use, and will keep DTS informed of any change in your payment method. If payment is rejected by your financial institution, then DTS will keep trying to process the electronic payment for up to 30 days. At the end of 30 days without payment, Customer’s Services will be terminated.
c. Password Security. Customer is encouraged to protect the confidentiality of the username and password information for its electronic payment method. DTS is not responsible to secure, protect, or preserve the confidentiality of Customer’s usernames or passwords.
DTS provides no express or implied warranties, with respect to the equipment or Services provided by DTS, or Customer’s equipment which is purchased or leased elsewhere. Any equipment provided by DTS remains the property of DTS unless you purchase the equipment. Customer agrees to pay for loss or destruction of any DTS equipment. Cable wiring to the Customer’s residence or business shall remain the property of DTS. Cable wiring within Customer’s business or residence shall be the property of Customer or Customer’s landlord. Equipment installed at the Customer’s address shall not be removed from the Services address absent express written permission from DTS. Customer must return all DTS equipment at termination of Services or pay DTS the cost of replacement.
5. Services Interruption.
DTS is not responsible for matters of Force Majeure, discussed below, which may cause interruption of Services and are beyond DTS’s control, such as those caused by fire, flood, hail, wind, earthquake, war, terrorism, destruction, extended power disruption, electromagnetic pulse, or other natural or manmade disaster or emergency. Customer may contact DTS under Section 2c above, to seek credit for interruption of Services which are the sole fault of DTS, and DTS may or may not issue a credit, at the sole discretion of DTS.
6. Warranties and Damage Claims.
All equipment, wiring, and customer-purchased devices are provided AS IS WHERE IS without express or implied warranties of any kind. DTS is not responsible for any direct or indirect damages arising from or related in any way to the Services or equipment provided to Customer, including but not limited to lost revenues, profits, business disruption, personal injury, economic damage, emotional distress, punitive damages, property damage, or consequential damages. Customer’s sole remedies, with respect to the Services, or any equipment purchased from DTS, shall be, 1) refund of the previous month’s Services billing, and/or 2) refund or replacement of any non-functioning equipment purchased from DTS, conditioned upon return of such non-functioning equipment to DTS.
7. Installation and Maintenance.
Customer authorizes DTS to enter the Customer’s property for installation, inspection, maintenance, removal, and repair of the equipment and wiring necessary to provide the Services.
9. Services Security.
DTS desires to maintain the security, confidentiality, and privacy of the Services. DTS may terminate or suspend Customer’s access to the Services, and Customer’s account, should DTS determine that Customer’s Services or equipment is being used as a proxy or conduit for hacking, theft, ransomware or other illegal conduct involving the internet.
This Agreement, the Services, and DTS equipment used with the Services, may not be assigned or conveyed – absent the express written permission of DTS.
11. Renewal and Termination.
a. Autorenewal. This Agreement shall automatically renew on a month-to-month basis, unless terminated by Customer or DTS. Customer and DTS may agree to a longer term of Services on the Quote.
b. Termination. Customer shall have the right to cancel this Agreement at any time, but shall remain responsible to pay the balance due for the full month within which termination takes place, and shall return the equipment provided to Customer by DTS, unless Customer purchased the equipment. Should Customer file a petition for bankruptcy, DTS may, subject to U.S. Bankruptcy laws, terminate the Agreement and Services. DTS may terminate the Agreement and Services, with or without cause, upon 30-day notice to Customer, and Customer shall, with that 30-day period, return the equipment provided to Customer by DTS, unless Customer purchased the equipment. At the expiration of any term of Services set forth in the Quote, the Agreement shall, unless terminated, automatically renew on a month-to-month basis.
12. Dispute Resolution.
14. Security Deposit.
Should DTS require a security deposit from Customer for any equipment, the security deposit shall be refunded within 90 days of termination of the Agreement, subject to any offset for any damage to the equipment.
15. Credit Inquiries.
The Service Terms of this Agreement, and rates paid by Customer for the Services and related equipment, shall remain completely confidential. Disclosure of the Service Terms or rates, to any third party (besides the agents, servants, employees, immediate family members, and tenants of Customer, and/or legal counsel and accountants for Customer) shall be deemed a material breach of this Agreement, unless such disclosure is made in connection with the filing of a lawsuit which arises out of the interpretation and/or enforcement of this Agreement, or pursuant to mutual agreement or unless otherwise required by law, government agency or court order.
18. Further Documents.
Customer agrees to execute such further documentation as may be reasonably required to give effect to this Agreement.
19. Validity of Provisions.
20. Full Agreement.
21. Regulatory Authority.
22. Force Majeure.
The undersigned Customer acknowledges that the terms and conditions of this Agreement as set out above have been read and are understood.
Customer authorizes DTS to install equipment and provide services as requested and described in the Quote.