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”). 

1. Preface.

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. 

2. Billing.

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. 

4. Equipment.

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. 

8. Communications.

Customer shall provide DTS with a current email address and phone number for contact and notices concerning the Services and equipment. Customer’s failure to provide DTS with current contact information shall grounds for termination of 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. 

10. Non-Assignment.

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.

Disputes may occur, as between DTS and Customer, to enforce any or all of the terms of this Agreement, or to declare any rights, duties, and/or obligations hereunder, or to seek damages or injunctive relief. CUSTOMER AND DTS AGREES TO MEDIATE AND ARBITRATE ANY DISPUTE BETWEEN THEM AND HEREBY WAIVE THE RIGHT TO A COURT COMPLAINT OR TRIAL. The parties agree that the filing of any demand for arbitration, in connection with this Agreement, shall be preceded by mandatory formal non-binding mediation of the dispute, using the alternative dispute resolution (“ADR”) procedures and commercial rules of either JAMS or the American Arbitration Association (“AAA”). Each party shall pay 50% of all ADR fees, including the administrative fees, and the fees charged by the mediator(s) and arbitrator(s). Provisional relief, such as writs of attachment, possession, or injunctive relief, may be granted by the arbitrator, and enforced by the court, if needed, and the court may also be used to confirm and enter judgment on any arbitration award. Each party shall pay their own costs of suit, expenses, and attorney’s fees incurred in connection with any legal dispute, including but not limited to the costs, expenses, and attorney’s fees incurred through mediation, arbitration, enforcement of any judgment resulting from an arbitration award, and any appeals therefrom.

13. Venue.

This Agreement shall be deemed executed in Minden, Nevada. The venue for any dispute resolution shall be Douglas County, Nevada, with all mediations and arbitrations to take place in Douglas County, Nevada. The Ninth Judicial District Court, Minden, Nevada, shall have jurisdiction to confirm any provisional or injunctive relief, to confirm any arbitration award, and to enforce any judgement arising from such award.

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.

DTS has the right to make credit inquiries, and to obtain Customer’s credit report, before providing the Services, and the make periodic inquiries whether or not Customer is in default on its account.

16. Indemnity.

Customer shall indemnify, defend and hold DTS harmless from and against any and all claims, costs, and attorney’s fees arising from or relating in any way to this Agreement, the Services, and equipment provided by DTS.

17. Confidentiality.

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.

If any provision(s) of this Agreement, as applied to any party or to any circumstances, shall be judged by a court to be void and unenforceable, the same shall in no way affect any other provision(s) of this Agreement, the application of such other provision(s) in any other context or circumstances, or the validity or enforceability of this Agreement as a whole.

20. Full Agreement.

This document is the entire, complete, sole and only understanding and agreement between Customer and DTS concerning the Services and related equipment. Any other alleged agreements between the parties shall not be enforceable unless detailed herein.

21. Regulatory Authority.

This Agreement shall be subject to modification for compliance with all governing laws, regulations, court rulings, or administrative orders, as amended. Applicable terms and conditions on file with regulatory authorities are incorporated herein by this reference.

22. Force Majeure.

Force majeure shall include, but not be limited to, fire, hail, wind, acts of war, terrorism, destruction, extended power disruption, electromagnetic pulse, or other natural or manmade disaster or emergency, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, taking of property by condemnation or eminent domain, governmental act, failure of the internet, and any other cause beyond the reasonable control of DTS, which results in any failure or delay of performance by DTS under this Agreement. DTS shall not be responsible or liable to Customer for and damages resulting from 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.