Terms and Conditions
If at any time
the Customer is not satisfied with the service or repairs or other facilities
provided under this agreement, it is understood and agreed that the Customers
exclusive remedy shall be limited to termination of service and the company
shall have no other liability to the customer.
Customer does hereby grant to Company the right to enter upon and over the premises
at the service address at any time for purpose of connecting the service, inspection,
adjusting, repairing, moving or removing facilities, or checking for signal leakage
in order to comply with Federal Communications Commission standards. It may be
necessary for the service to be interrupted or disconnected if leakage beyond
Federal Communications Commission requirements persists. Customer understands
that any installation damage complaint must be reported within 30 days of installation.
Customer agrees not to move, disturb, alter, or change any of the locations of
any Companys materials or facilities. If customer requests relocation of
the service wire from the original place of connection, customer shall pay for
any materials and labor associated with relocation.
Company shall not be responsible for any damage or injury caused by the Companys
inability to bury a cable drop at the time of installation. The customer accepts
liability for any for any and all damage or injury resulting from the unburied
cable and agrees to defend, indemnify, and hold Company harmless from and against
any and all demands, claims, suits, and costs of any kind whatsoever.
The Company shall not be liable for any inconvenience, loss liability, or damage
resulting from any failure or interruption of signal service, directly or indirectly
caused by, or resulting from any circumstances beyond its control, including
but not limited to failure of the television signal at the transmitter for any
cause whatsoever, denial of use of poles or other facilities of a telephone company
or power company strike, labor dispute, fire, flood, riot, invasion, war, aircraft,
explosion, earthquake, wind, tornado, lightning, acts of nature, malicious mischief,
failure or reduction of power, any mechanical failure or channel dislocation
or any court order, law, or ordinance, civil or military restricting or prohibiting
the use or operation of the system by the Company. Customer agrees that Company
is not responsible for the operation, maintenance service or repair of customers
television or radio set, or computer equipment.
Customer understands that the Company uses telephone or power poles in providing
service and that this continued use cannot be guaranteed; therefore, in the event
it is denied for any reason the service provided hereunder may be interrupted
or discontinued and if Company, after reasonable efforts, is unable in its
discretion to provide service over alternate routes, customer agrees that no
claim will be made against Company or any telephone company, power company, and
county or municipality for said interruption or termination of services. If customer
is not the owner of the premises to be served under this contract, customer agrees
to indemnify and hold Company harmless from any and all claims of such owner
arising out of the performance of this contract.
This agreement and the service furnished hereunder, is not assignable without
the written consent of the Company.
The customer shall notify the Company of any change of occupancy or ownership
of the premises immediately on such transfer of ownership or tenancy. Nothing
in this agreement shall be construed to give the customer the right to sell or
assign, or the successor tenant or occupant to acquire, any rights the use of
any of the installation or service provided by the Company.
The customer agrees to pay, upon execution of this agreement, connection and
service charges as listed on this agreement. The customer also agrees to pay
to the Company monthly for service at customers premises, and that on failure
to pay said monthly sum or any other breach of this contract, the Company has
the right to disconnect its service to customer and/or enter customers
premises and remove its facilities. The customer has the right to pay the total
balance of the account each month by the due date indicated on the bill. If any
payment of the bill is not received in our office by the due date customers
account may be charged a late fee. The late fee covers the additional expense
in processing your service records. The customer hereby agrees to pay the late
fee if any payment is not received in our office by the date indicated. Accounts
delinquent over 45 days may be subject to additional charges for restarting and/or
reconnecting service. A returned check fee may also be charged. The returned
check amount (plus fee) must be replaced by cash, cashiers check, or money order.
The exact charge(s) for any fee stated herein will be designated on a rate card
which may be obtained from the system and which is incorporated herein by reference.
Customer warrants that no monies are owing to Company from previous accounts
with Company. If Company finds a prior account with customer with monies owed
to the Company, then Company may apply any funds received to that account.
ACCESS TO PREMISES: Customer agrees to give authorized representatives of Company
access at all reasonable times to inspect and maintain Companys equipment
and to remove the equipment at termination of this agreement.
PROGRAM SERVICE: Customer acknowledges that Company has the right at any time
to pre-empt without prior notice specific programs advertised as available to
customer and to substitute what Company deems to be programming of comparable
quality. In addition, Company reserves the right to increase or change the application
fees at any time.
RIGHTS AND DUTIES UPON TERMINATION: This agreement may be terminated by Company
and the equipment removed without prior notice if customer: Breaches the covenants
contained in this agreement OR Fails to pay the monthly service charge.
Accounts that are disconnected for non-payment may be forwarded to a collection
agency for further collection efforts. Accounts that are forwarded for collection
may be charged a collection fee.
Customer may terminate agreement at any time by giving such ADVANCE NOTICE as
required by the Company and cooperating with Company in the removal of Company
equipment from customers home. ATTEMPTS BY COMPANY TO ACT UPON NOTICE WHICH
DOES NOT COMPLY WITH THE PROVISIONS OF THIS CONTRACT DO NOT CONSTITUTE A WAIVER
OF THE NOTICE PROVISION CONTAINED HEREIN.
EQUIPMENT: The converter unit and other property delivered to customer shall
remain the property of the Company. Customer assumes the risk of loss, theft,
or damage to the equipment at all times prior to the return of the units by Customer
stipulates that the value of the unit may be up to $500 per standard digital
box, $600 HDTV box, $700 per PVR box, $300 per cable modem, $10 per surge protector,
and $20 per remote unit. Customer hereby knowingly authorizes Company if permitted
by law to confess judgement against customer for these amounts together with
attorney fees and costs incurred by Company due to loss of or damage to
Company equipment or other breach of this contract by customer. In the event
of disconnection, Company reserves the right to continue billing for service
until all equipment has been returned.
NO WARRANTIES: Company shall have no liability of any nature for failure or interruption
of program transmission service caused or resulting from any circumstances beyond
its control. In any other case of program interruption or service, Companys
sole obligation shall be at its option to either make available comparable programming
or to refund to customer the amount paid directly for such programs or service.
Company does not make any representation as to the useful life of any of the
batteries needed for the operation of the remote control unit.
TAXES: Customer agrees to pay any local, state, or federal taxes imposed or levied
on or with respect to the service, the maintenance, and service charge, and the
sale of programs or other services or any of them by reason of this agreement
or any amendments thereto.
By signing this form, Customer acknowledges receipt of a new install packet that
includes, among other things, a notice of protection of customer privacy and
a description of the policies and practices of NuLink. Signature by
customer on this form means that customer agrees to the terms and conditions
and to this form and to the referenced policies and practices. Customer also
agrees to a 90-day commitment to service. This means that customer will remain
liable for payment for service during this entire 90-day period at the rate specified,
even if customer terminates or downgrades service for any reason. At the end
of this 90-day period customer may cancel or downgrade service at any time by
notice to NuLink. If customer does not notify NuLink, customers
subscription will continue at the standard rates offered by NuLink
that time in this community.
CUSTOMER PRIVACY RIGHTS NOTICE
This Notice is provided pursuant to the provisions of the Federal
Cable Communications Policy Act of 1984.
In Order that we may continue to provide reliable, high quality service and maintain
adequate records, we keep regular business records that contain your name, address,
telephone number, and other personally identifiable information. Such records
include billing, payment, and deposit; as well as, service maintenance and repair
records, premium service subscription information, marketing information and
subscriber complaint records. We use this information to sell, maintain, disconnect
and reconnect service; to make sure that you are being billed properly for the
services you receive; and to maintain financial, accounting, marketing, tax,
service and property records including records including records required by
the terms of our franchise.
We consider information we keep to be confidential. We may collect personally
identifiable information from you and may disclose it to a third party if (a)
you consent in advance in writing or electronically, or (b) disclosure is necessary
to render cable service and other services we provide to you and related business
activities: or (c) disclosure is required pursuant to a court order and you are
notified of such order. We may make your records available routinely to employees,
agents, and contractors to install, market, provide and audit cable service;
to an independent billing house to send bills; to a mailing service for sending
program guides; to program services which will periodically audit subscription
information; to attorneys and accountants as necessary to render service to the
company; to potential purchasers in connection with a system sale; to franchising
authorities to demonstrate compliance; and to collection services if required.
We may periodically audit the system to determine whether you are being billed
properly for the service you are receiving. Access is as often as required and
may be on a day to day basis.
We are permitted to disclose personally identifiable information to the extent
necessary to conduct our business. Unless you object, from time to time, we may
also disclose your name and address for mailing lists and other purposes permitted
by law. We will not disclose the extent of your viewing or use of a particular
service or the nature of any transaction you may make over the cable system,
but we may disclose that you are among those that subscribe to a particular service.
If you wish to remove your name from such lists or limit the use of your name
at any time, please obtain, complete and return a Non-disclosure of Name
and Address Form from our local system office.
We will maintain information about you for as long as we provide service to you
and for a longer time if necessary for business purposes. When information is
no longer necessary, we will periodically destroy this information. The information
will not be kept for more than seven years.
You have the right to inspect our records that contain information about you
and to correct any error in our information. If you wish to inspect the records
at our local system office pertaining to you, please contact the office to set
up an appointment during regular business hours. Federal law limits the collection
and disclosure of these records. If your rights under federal law are violated,
you may bring a private action in Federal district court to remedy that violation.
In addition, the government may obtain disclosure of personally identifiable
information by court order, if it offers evidence that such records are material
to a criminal case and if you are given the opportunity to appear and contest
the evidence. The address of your local system office, if not printed clearly
on this document, may be obtained by calling our customer service representative.