NEXUS AIR FIBER, LLC
TERMS OF SERVICE CONTRACT
Last Updated: 4/12/2020
INTRODUCTION Nexus Air Fiber (NAF) provides its customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing NAF to fairly share its network to all customers. NAF may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the NAF web site at www.nexusairfiber.com/tos. The prices for service are subject to change. Current prices, as well as NAF AUPs, can be found on our website at www.nexusairfiber.com/tos. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using the NAF service.
BILLING: Nexus Air Fiber, LLC REQUIRES AUTOMATIC BILLING TO A DEBIT OR CREDIT CARD. WE DO THIS IN PART TO KEEP OUR OVERHEAD AS LOW AS POSSIBLE SO WE CAN PASS THAT SAVINGS ALONG TO YOU. WHEN YOU RECEIVE YOUR INVOICE FOR INSTALLATION YOUR CARD WILL BE STORED AS YOUR METHOD OF PAYMENT. IF YOU WISH TO CHANGE THIS YOU WILL NEED TO EMAIL BILLING@NEXUSAIRFIBER.COM. PLEASE SEE OUR TERMS OF SERVICE PAGE FOR ADDITIONAL INFORMATION. BY SIGNING UP FOR OUR SERVICE YOU ACCEPT THESE TERMS.
TERM: The term of this Agreement is set forth on the service order and will be month to month unless otherwise indicated. The term begins with the date of the service order or the date upon which service activation occurs, whichever is later.
USE OF SERVICE AT YOUR OWN RISK: The customer is solely responsible for the content of communications on the Internet. The service provided by NAF is “as is” and at your own risk. NAF denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. NAF is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
SERVICE DISRUPTION: NAF does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of “god”/nature. NAF equipment malfunction or any natural disaster (including weather). All Internet service is provided on an “as is” and “as available” basis. NAF does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.
INSTALLATION: The Customer must be at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the service. The customer authorizes NAF or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require addition costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). NAF and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.
EQUIPMENT: The equipment supplied by NAF under this Agreement is and shall remain the exclusive property of NAF and must be returned to NAF in good and working condition upon the termination, expiration, or disconnection of your NAF service. Customer must use reasonable care to avoid damage to the Equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment. Any Equipment that is not returned to NAF in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement then NAF shall have the right to charge you up to $750 for the Equipment and Customer agrees to pay such charge and Customer hereby authorizes NAF to charge such amount to your credit card or checking account. In the event NAF does not have the Customer credit card or checking account information on file the Customer agrees to immediately pay NAF for the Equipment upon presentation of an invoice.
SERVICE CALLS: If NAF is called to Customer’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $75.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be at $100 per hour and in half a hour increments thereafter. Travel and related charges may also apply. The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer’s warranty period Provider will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service modem will be charged to Subscriber. Service calls are available Monday through Friday 8am to 6pm.
CUSTOMER SUPPORT: NAF shall be responsible for installation and confirmation of bandwidth as required by the customers plan. NAF shall not be responsible nor provide support beyond confirmation of signal being received by your antenna. For additional information please checkout our website at nexusairfiber.com/support.
OBSTRUCTIONS & INTERFERENCE” Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). NAF will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. NAF will make every reasonable effort to relocate or realign the SU. However NAF cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.
PAYMENT POLICY: NAF shall bill on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debitcard, payment by check is available only in advance, or upon presentation of an invoice. Equipment and set up fees will be paid prior or at the time of installation. The payment is due on the tenth day of the month. Any account not paid by the 25th day of the month will have their service interrupted. A $10.00 Administration Fee will be required to enable service. AFTER 30 DAYS LATE THE SERVICE WILL BE CANCELED. The balance due, plus a $20.00 administration fee, must be paid in full to reactivate account. A deposit or full annual payment may be required.
UNACCEPTABLE USE: NAF may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the NAF wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as “spamming”, (see also AUP); F. Unlawful Filesharing or Torrent usage. G. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as NAF AUP’s. H. NAF gives notice we will fully cooperate with any State or Federal Law Enforcement investigating the downloading or distribution of Child Pornography.
EXCESSIVE BANDWIDTH CONSUMERS: Customers that use excessive bandwidth over normal customer usage models shall be contacted and determined if this is intentional and if it is either we shall make a short term allowance or adjust your plan at our discretion. We reserve the right to take necessary steps to correct the problem. These steps include, but shall not be done prior to contacting the client, are not limited to: limiting bandwidth, disabling communication protocols, and cancelling customers service. NAF does not as a policy have data caps nor throttle bandwidth but reserves the right in cases of abuse that jeapordize the service of others on our network.
SERVICE SHARING: If at any time NAF discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of NAF, service will be immediately terminated to the customer with no refunds of any kind.
INDEMNIFICATION: Customer agrees to indemnify and hold harmless NAF, it’s owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.
CUSTOMER EQUIPMENT: NAF is not responsible for maintaining or supporting any equipment owned by the customer, and is not liable for any damages to the customer’s SU/ CPE, computer(s) or other equipment. For security reasons, customers may have limited log in availability to their SU or CPE while on the NAF network.
CANCELLATION: A customer wishing to cancel service must submit a cancellation request via email. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.
SEVERABILITY: The invalidity or un-enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
GOVERNING LAW: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri.
NOTICES: Any notice regarding these terms of service shall be posted at nexusairfiber.com/tos and Nexus Air Fiber reserves the right to moddify terms of service at its discretion, in good faith.
MANDATORY ARBITRATION: Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
Log of all modifications to terms of service and their effective date:
4/24/20 Updated: Excessive Bandwidth Consumers
4/24/20 Updated: Cancellation