TERMS & CONDITIONS

Introduction:
Welcome to the Consolidated Smart Systems Terms and Conditions site.  The following terms and conditions govern any and all agreements between Consolidated Smart Systems, also referred herein as “CSS” and any person who has been signed up as an authorized customer, hereafter referred to as “CUSTOMER.” When CSS and CUSTOMER are referred to jointly, they will be listed as “PARTIES.”

Definitions:
A)     “Cable Service” – Video and/or audio programming services such as basic, standard, digital and premium services, services provided on a per-channel or per-program basis, pay-per-view or VOD that are provided via coaxial cable service.
B)     “Computer” – CUSTOMER’s personal laptop or desktop computer, tablet, or pad used to access the internet service.
C)     “Customer equipment” – Any equipment that is owned by the customer, that of which CSS may or may not service. This includes but is not limited to modems, routers, Wi-Fi extenders, AT&T/DirecTV receivers, televisions, telephones, wireless adapters, laptops, and computers, audio or video equipment.
D)     “Customer Premises Equipment” – Any equipment provided by CSS for use by the customer in their unit that is still owned by CSS. This includes but is not limited to modems, routers, Wi-Fi extenders, amplifiers, power supplies, and VOIP adapters (ATA).
E)     Digital Satellite Service – Video and/or audio programming services such as digital, high definition, ultra-high definition, 4K, and premium services, services provided on a per-channel or per-program basis, pay-per-view or VOD that are provided via digital satellite systems.
F)     “HSD Service” and “High Speed Data Service” – Mean the online content, features, functions and Services (which may include Internet access) of the ISP or OLP selected by CUSTOMER, as provided over CSS systems.
G)     Latency – Latency is a term that refers to the time it takes for information to travel between your computer and your internet destination. It is affected by distance, network congestion, and the devices that it passes through along its journey. High latency, or “lag”, occurs when the time it should normally take for the information to make the trip becomes abnormally long. Most applications, such as email and websites, work well despite average latency. Highly interactive applications, such as multi-player games, do not work well with higher latency.
H)     “Service or Service(s)” – This refers to any of the services that CSS provides and bills for such as Smart Care, Internet service, or Smart Squad service.
I)       “Technician” – CSS Service representative, either telephonic technical support or field service technician.
J)      “Unreturned Equipment Fee” – Equipment fee assessed by CSS for value of equipment at the current retail rate. CUSTOMER is liable for the replacement cost of said equipment if equipment is not recovered by CSS.
K)     “Cost Recovery Fee” – A charge assessed by Consolidated, associated with payment of government-imposed fees, and to recover those costs of compliance.

Section 1 Service and Authorization

1.1             CSS will supply, and the CUSTOMER will purchase, CSS and/or AT&T/DirecTV Service(s), hereafter referred to as “Service” pursuant to the plan selected from any of the following:
a)      A CSS sales representative via telephone
b)      An Order Form filled out at a promotional launch event and turned into an account executive
c)      An online web submittal

Section 2 Charges and Payments

2.1             CSS shall bill and CUSTOMER shall pay all CSS charges subscribed to by CUSTOMER. Payment shall be made on or before the due date of each bill. There is no grace period. Past due amounts are due immediately.
2.2             Late charges of $1.50 or 1.5% of the amount due per month, on all unpaid balances will be applied every month or portion of month that payment is received after the Payment Due Date. 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             Past due payments may cause a suspension of Services, if unpaid by the Payment Due Date shown on the statement where the charges first appeared. If Service is disrupted due to non-pay, Service will not be restored until full payments of amounts owed is received. CUSTOMER agrees to pay a $50.00 Reconnect Fee to reinstate Services.
2.4             CUSTOMER agrees to pay CSS the full replacement cost for any damage to or loss of equipment provided to CUSTOMER by CSS (e.g. customer premises 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 return equipment within 10 days after Service cancellation or disconnection. CUSTOMER is liable for the replacement cost of said equipment at current retail value. CUSTOMER agrees CSS has title and ownership of said equipment and that said equipment must be utilized exclusively as CSS intends.
2.5             If CUSTOMER returns equipment after the 10-day return period, CSS will refund the Unreturned Equipment Fee to the method of payment used. However, CUSTOMER is liable for a $50.00 restocking fee.
2.6             CUSTOMER payment made by physical 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 billing department at billing@consolidatedsmart.com . CSS reserves the right to charge CUSTOMER a Check Processing Fee for physical checks mailed.
2.7             CSS has moved to paperless billing and now provides emailed invoices free of charge. If CUSTOMER requests a physical mailed paper invoices, CSS reserves the right to charge CUSTOMER a Paper Invoice Fee. CUSTOMER may view and download invoices via the CSS Customer Portal at http://portal.consolidatedsmart.com.
2.8             CSS will not provide CUSTOMER any refunds on overpayments or credit balances totaling ten dollars or less. Credit balances over ten dollars will be refunded upon CUSTOMER request. Such requests must be made within ninety (90) days of termination of Service(s).
2.9             Monthly Service charges are billed one month in advance.
2.10          Call usage and toll charges are billed in arrears.
2.11          There is a $25.00 charge for all checks returned to CSS as unpaid.
2.12          CSS is not responsible for payment of individual residential DirecTV accounts. Once installed and activated CUSTOMER is responsible for payment of AT&T/DirecTV account to continue programming.
2.13          If you have any questions regarding your monthly statement please email us at billing@consolidatedsmart.com, or write us ON A SEPARATE PIECE OF PAPER, no later than 30 days after the original billing date on your statement. Phone calls and notations that you make on your checks or material accompanying your statement will not secure your rights. You can mail your inquiries to Consolidated Smart Systems, 620 W 135th Street, Gardena, California 90248.
2.14          Automatic Bill Pay: CUSTOMER agrees to sign up for Automatic Bill Pay (ABP) upon rendering services from CSS. This policy is mandatory for all CSS customers, unless otherwise noted.

Section 3 Authorizations

3.1             CUSTOMER hereby authorizes CSS to act as an intermediary agent with AT&T/DirecTV while arranging the installation of Services.
3.2             CUSTOMER hereby authorizes CSS to act as an intermediary agent with AT&T/DirecTV while providing any repair Services.
3.3             Granting CSS Permission to Enter (PTE) to CUSTOMER’s unit authorizes our technician to complete any and all installation and Service repairs as needed. The customer is responsible for notifying the property and following the properties guidelines for PTE access of vendors. If the technician is not allowed access on the scheduled date and time CUSTOMER may be charged a Missed Appointment Fee. It is the responsibility of CUSTOMER to contact CSS to cancel or reschedule appointment up to 24 hours prior to CUSTOMER appointment date and time.

Section 4 Termination

4.1             CUSTOMER may terminate CSS provided Service(s) at any time via telephone. A CSS agent will try to reach out to CUSTOMER and confirm the termination notice, but CUSTOMER may also be notified by email on file.
4.2             CUSTOMER may terminate and discontinue CSS Service at any time.
4.3             In order to be refunded or prorated upon termination, CUSTOMER must provide a 30-day notice via phone or email. Applicable Services will be prorated upon CUSTOMER request. Proration applies to CUSTOMER account only after 30-day notice has been provided and if customer account exceeds $10.00. See Section 2.8.
4.4             If CSS reasonably believes CUSTOMER is using Service illegally, unreasonably or in furtherance of any unlawful activity, CSS may terminate customer Service(s) immediately.

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 equipment (CPE), an out-of-Service credit will be applied to the CUSTOMER’s bill.
5.2             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.
5.3             If interruption of Service is due to non-pay, please refer to Section 2.3.  

Section 6 Infringement

6.1             The Digital Millennium Copyright Act (DMCA) (See Section 6.4) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. Infringements have a variety of requirements depending on the type of Infringement or reporting agency. As the registered owner of the infringing IP addresses, CSS is required to take necessary measures to mitigate such infringements and support DMCA compliance.
6.2             CSS receives a Copyright Infringement Notice and assesses an Infringement Fee to accounts as follows:
a.      Service is suspended due to Infringement and notified of this via email.
b.      Each offense may impose a fee of up to $50.00
c.      By paying the $50.00 Infringement Reconnection Fee, CUSTOMER acknowledges the Infringement Warning Notice.
6.3             Our goal is not to disconnect customers; therefore, this process is scrutinized prior to being executed. If CUSTOMER is issued three Copyright Infringement warnings, the CSS reserves the right to terminate customer Service indefinitely and/or permanently.
6.4             The Digital Millennium Copyright Act  (DMCA)

Section 7 Smart Care Plans 

7.1             CSS Consolidated Smart Systems (CSS) is responsible for the maintenance of our Master Satellite Systems and Internet Distribution Systems at communities we service. That makes CSS responsible for all system related and system wide outage repairs. CSS is not responsible for non-system related issues or individual unit or home issues.
7.2             If CUSTOMER declines CSS’ Smart Care Plan, CUSTOMER must pay a $100 Truck Roll Fee to dispatch a technician. Technician will attempt to diagnose any Service issue. If the issue is CSS system-related or outage-related, this Truck Roll Fee will be refunded to CUSTOMER payment method within 24-48 hours of Service call. Refunded payment could take 3-5 days to reflect on the CUSTOMER account. If the Technician diagnosis is not system-related or outage-related the fee will not be refunded to CUSTOMER.
a.      CUSTOMER may opt into a Smart Care Plan at any time, including when CUSTOMER calls in for a service call. As an alternative to the $100 Truck Roll Fee, CUSTOMER must pre-pay for the Annual Smart Care Plan, paying for the annual charge and the install/transfer order will be covered. CUSTOMER must be enrolled in Automatic Bill Pay via ACH or Debit or Credit Card.
7.3             Existing CUSTOMER’s who have no Smart Care plan, calling in to request an install of additional equipment or to request a transfer of services from one unit to another may:
a.      Pre-pay for the Annual Smart Care Plan and the install/transfer order will be covered. OR
b.      Opt into the monthly Smart Care plan, wherein an account is required to be set up on auto payment using ACH, Debit or Credit card. CUSTOMER pays $50 for install/transfer. OR
c.      Refuse to opt in to Smart Care plan. CUSTOMER is required to pay applicable install fees for service(s) being installed or transferred. Refer to Section 7.2.
7.4    If Smart Care balance is past due. The following guidelines apply:
a.      Account is 1-60 days past due: CUSTOMER is informed about past due balance; account must be brought up to date and put on auto bill pay before the agent can schedule a ticket.
b.      Account is 61 or more days past due: CUSTOMER is notified that the Smart Care Plan has lapsed, and they must pay a $100 Truck Roll Fee. This payment will zero the balance of the Smart Care account balance and cover the requested truck roll. This truck roll fee is non-refundable. If the CUSTOMER would like to opt in again for the Smart Care Plan, they may with auto bill pay and will cover future service calls as long as Smart Care remains on CUSTOMER account.
7.5             Exceptions for no Smart Care Plan.  There are three exceptions in which CSS will roll a truck without pre-payment of the truck roll fee.
a.      Previous Work – If a CUSTOMER has had a visit from a CSS technician in the last 30 days and the service call is related to the work performed no truck roll fee will be collected.
b.      Suspected Outage – If when CUSTOMER calls in there are two (2) or more calls from the same location or if there is already a known outage no truck roll fee will be collected, and a ticket can be made for tracking purposes.
c.      Reoccurring Issue – If CUSTOMER has had several calls regarding the same issue within the last 45 days, no truck roll fee will be collected.
7.6             Annual Smart Care Plans are non-refundable or prorated if CUSTOMER cancels before the end of the term of coverage.
7.7             If CUSTOMER calls to cancel monthly Smart Care Plan within the first six months of service CUSTOMER will be charged applicable install fees that were waived when Smart Care Plan was started.
7.8             System-related issues and system-wide issues are defined as but not limited to: Satellite dishes, dish alignment, distribution cabling – that is cabling from the satellite dish to the junction box or cabling connecting junction boxes, passive devices, polarity lockers, amplification devices, power supplies/inserters, SWM, multiplexers, switches, nodes, taps, routers, servers, patch panels, CMTS devices.
7.9             Non-system related issues are defined as but not limited to: receiver failure, WVB failure, CCK Failure, modem failure, router failure, in-wall cabling, in residence cabling, power related failures, property power surge or outage, damaged equipment or cabling due to vandalism/abuse/misuse, battery replacement, TV input issues, TV or receiver set incorrectly by customer, reprogramming of remotes, SSID issues or reprogramming, re-connecting devices to Wi-Fi, DirecTV software download related failures, damage to equipment or cabling by pets, movement of the equipment after the initial install, access card removed/missing/damaged, equipment power cords, customer equipment (personal router, modem, video equipment) failures, customer computer issues, reinstallation of equipment for any reason, reconnection of services after a non-pay disconnection, rescheduling of appointments due to no one being home or no adult present at time of tech arrival, rescheduling due to televisions not present at time of install, equipment that cannot be replaced via DirecTV’s equipment replacement program (i.e. equipment that is outdated such as Hughes models), and customer education.
7.10          Issues not covered by warranty or Smart Care includes but are not limited to: In-wall cabling repairs, damaged equipment or cabling due to vandalism or abuse, battery replacement, equipment that cannot be replaced via DirecTV’s equipment replacement program (i.e. equipment that is outdated such as Hughes models).

Section 8 Limitation of Liability          

8.1             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 THESE TERMS AND CONDITIONS.
8.2             CSS shall not be held responsible for any termination or cancellation fees incurred by any prior service providers used by CUSTOMER.

Section 9 Force Majeure           

9.1             With the exception of payment of charges due under these Terms & Conditions, 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 10 Non-Waiver         

10.1          The failure of either party to enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of its right to assert or rely upon such provision of these Terms & Conditions.

Section 11 Governing Law         

11.1          Interpretation of these Terms & Conditions shall be governed by the laws of the State of California. Any cause of action arising from these Terms & Conditions shall be brought in a federal or state court with appropriate jurisdiction in the City of Los Angeles, State of California.

Section 12 Successors and Assigns

12.1          These Terms & Conditions bind the Parties, their successors, and their assigns. Either Party may assign its rights and delegate its duties under these Terms & Conditions 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 13 Offerings    

13.1          CUSTOMER agrees CSS may change speeds, pricing and other applicable limits or terms of any tiers by amending the prices, aspects and features of the HSD Service set forth at www.consolidatedsmart.com at any time and from time to time.  Your continued use of the HSD Service will constitute acceptance of any new and revised limits and terms.
13.2          It is the responsibility of the CUSTOMER to monitor current pricing and packages and to request updated pricing be implemented on CUSTOMER account moving forward. CUSTOMER accounts will not be retroactively refunded.
13.3          Not all advertised speed and pricing is available in all areas.
13.4          New customer promotions are not available to existing customers.
13.5          If an existing CUSTOMER cancel Service with CSS, CUSTOMER is not eligible for new CSS promotions and pricing if CUSTOMER creates new CSS account within 12 months of original account disconnect or termination.

Section14 DirecTV

14.1          CUSTOMERS with any DIRECTV-related programming or billing issues shall always direct concerns to AT&T/DirecTV at 1-866-258-8766
14.2          CSS will not and cannot provide a credit for AT&T/DirecTV programming or Services. CSS will notify AT&T/DirecTV of CSS system issues and outage information if requested.
14.3          DirecTV services must be cancelled by calling AT&T/DirecTV at 1-866-258-8766 and talking to an authorized AT&T/DirecTV operator.  AT&T/DirecTV may require AT&T/DirecTV equipment be returned to them.  CSS technicians will not take possession or responsibility for any AT&T/DirecTV equipment that is attempted to be returned to them.
14.4          Beyond the above terms, changes of ANY kind pertaining to DirecTV services including, but not limited to, programming, pricing, promotions, packages including HD access, HBO, and Showtime, or any other features as related to DirecTV, is the responsibility of the CUSTOMER. Should CUSTOMER have any issues with changes mentioned above, CUSTOMER must notify DirecTV by calling AT&T/DirecTV at 1-866-258-8766.