By paying this invoice you agree to the following Terms and Conditions:
Customer (“CUSTOMER”) and Consolidated Smart Broadband Systems, LLC d/b/a CONSOLIDATED SMART SYSTEMS (“CSS”) hereby enter this Consolidate Smart System Service Agreement (“Agreement”). This Agreement may refer to CUSTOMER and CSS together, as the “Parties”.
Section 1. Service and Authorization
1.1 Under this Agreement, CCS supplies and the CUSTOMER purchases CSS and/or DIRECTV Services (“Service”) pursuant to the plan selected on the CSS Order Form attached hereto and made part hereof.
Section 2. Charges and Payments
2.1 CSS shall bill and CUSTOMER shall pay all charges subscribed to by CUSTOMER. Payment shall be made on or before the due date of each bill. If CUSTOMER’s account is disconnected for failure to pay amounts due, CUSTOMER agrees to pay a $50.00 reactivation fee to reinstate Services.
2.2 On any bill rendered by CSS under this Agreement for which timely payment has not been received, CUSTOMER will pay a late payment charge of 18% per annum.
2.3 CUSTOMER agrees to pay CSS the full replacement cost for any damage to or loss of equipment provided to CUSTOMER by CSS (e.g. subscriber module equipment) and hereby authorizes CSS to charge CUSTOMER’S credit or debit account for said replacement cost and/or any other charges owed to CSS. CUSTOMER is obligated to immediately return such equipment after service cancellation or is liable for the replacement cost of said equipment. CUSTOMER agrees CSS has title and ownership to said equipment and that said equipment must be utilized exclusively as CSS intends.
2.4 CUSTOMER payment made by check, received through the mail or CSS lockbox, may be converted to an electronic/ACH debit at CSS discretion. In such a case, CUSTOMER’S original check will not be returned. Also, funds may be debited from CUSTOMER’S bank account on the same day the payment is received. CUSTOMER may choose to “opt-out” of the electronic/ACH debit conversion process, please contact CSS customer service department.
2.5 CSS will not give CUSTOMER any refunds on overpayments or credit balances totaling ten dollars or less. Credit balances over ten dollars will be refunded upon CUSTOMER request, which request must be made within ninety (90) days of termination of service.
Section 3. Authorization
3.1 CUSTOMER hereby authorizes CSS to proceed with the conversion or installation of Service.
Section 4. Termination
4.1 Upon giving thirty (30) days written notice, CUSTOMER may terminate the Service other than DIRECTV Service. Service, other than DIRECTV service is for 30 days. No payment will be prorated.
4.2 CSS may terminate this Agreement and discontinue CSS Service at anytime, without prior notice, if CSS reasonably believes CUSTOMER is using Service illegally, unreasonably or in furtherance of any unlawful activity.
Section 5. Interruption of Service and Out-of-Service Credit
5.1 Interruptions, disconnections, errors or other out-of-service conditions may occur. If a Service interruption, error, performance failure, or some other out-of-service condition occurs and lasts more than twenty-four (24) consecutive hours after CUSTOMER gives CSS notice of such out-of-service condition, except for problems caused by CUSTOMER’s actions, inside wiring, or customer premise equipment (CPE), a out-of-service credit will be applied to the CUSTOMER’s bill. The credit shall be based on a thirty day (30) month and shall be calculated by: (a) dividing the monthly rate of the CSS Service affected by thirty (30) days; and then (b) multiplying the daily rate by the number of days, or major fraction thereof, that the CSS Service was interrupted. CSS DOES NOT WARRANT THAT CSS SERVICES ARE ERROR FREE AND EXCLUDES ALL WARRANTIES OF WHATEVER KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Section 6. Limitation of Liability
6.1 CSS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFITS OR LOSS OF BUSINESS WITH THE EXCEPTION OF THE LIABILITIES SET FORTH IN SECTION 5 OF THIS AGREEMENT.
6.2 Customer is solely responsible for terminating any prior telephone, Internet, Cable and/or other services.
Section 7. Force Majeure
7.1 With the exception of payment of charges due under this Agreement, CSS shall be excused from performance if its performance is prevented by acts or events beyond its control including but not limited to; severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; or act of legislative, judicial, executive, or administrative authorities.
Section 8. Non-waiver
8.1 The failure of either party to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of its right to assert or rely upon such provision of this Agreement.
Section 9. Governing Law
9.1 Interpretation of this Agreement shall be governed by the laws of the State of California. Any cause of action arising from this Agreement shall be brought in a federal or state court with appropriate jurisdiction in the City of Los Angeles, State of California.
Section 10. Successors and Assigns
10.1 This Agreement binds the Parties, their successors, and their assigns. Either Party may assign its rights and delegate its duties under this Agreement with the express, written permission of the other party, which permission shall not unreasonably be withheld; provided, however, that CSS may assign its rights and delegate under the agreement to its parent, a subsidiary, or any affiliate without prior, written permission.
Section 11. Renewal
11.1 CSS makes no assurance that this Service will be offered beyond the terms herein, or that such a Service will be offered at the same rates as set forth in this Agreement. CSS reserves the right to change its Service and/or rate at any time after one (1) month from this Agreement’s date.
Section 12. Customer Support
12.1 CSS may charge customer for technical or customer support calls at CSS’s prevailing rates and CUSTOMER hereby acknowledges this and agrees to pay for said support upon prior notice.
Section 13. Expression of Parties’ Bargain and Understanding
13.1 This Agreement, and this Agreements’ attachments, contain the full and complete expression of the Parties’ bargain and Agreement for the supply and purchase of CSS Service. No other documents or verbal agreements may be relied upon in construing the Parties’ rights and obligations under this Agreement.