TV SERVICE AGREEMENT
ACCEPTANCE OF AGREEMENT. Use of the Company’s services constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Company’s services, including but not limited to access to Television Services, Video Services, and the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Company relies on the information you supply and that providing false or incorrect information may result in additional fees, service delays or the suspension or termination of your Service. You agree to promptly notify Company whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.
GENERAL PRICING AND FEES. Company’s prices are shown in the Pricing Schedule and you will be charged based on the plan and options you select during the ordering process. All prices are locked in for the term of 12 months. At the end of the contract term, the Company may elect to alter it’s pricing at the Company’s discretion.
A Subscriber who selects a “1 Year Contract” plan (an “Annual Subscriber”) will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay Company’s then current prices, subject to increase as described above, unless such Subscriber registers for a new “1 Year Contract” plan at such time, to the extent available.
In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, installation fees, equipment deposits, the first month fees or prorated portion thereof, network usage and surcharges, including charges imposed against Company by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge.
PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specified in writing as part of a marketing promotion. There are no pro-rated refunds for unused time, including for pre-paid plans, such as annual plans (i.e., if a subscriber pre-pays for an entire year, no amount of that prepayment will be refunded, even if the service is canceled before the end of that year). Unless otherwise stated in the Pricing Schedule, Company will invoice and charge the Customer Credit Card on file of the Subscriber monthly. The Company bills for services in advance. If a Subscriber’s credit card charges are declined and the Subscriber does not pay within a twenty (20) day period, Company may deny, discontinue or otherwise suspend such Subscriber’s Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge.
Any account which goes into collection status will be transferred to a third-party collection agency and might incur a seventy-five dollar ($75.00) processing fee and all other applicable fees and charges, which the Subscriber agrees to pay.
Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks and Echecks (ACH), and possibly failed credit card authorizations for any reason. Subscribers might incur a twenty-five dollar ($25.00) service charge on disputed credit card charges and credit card chargebacks.
ACCOUNT BILLING. All billing statements will be sent via e-mail. All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by the Company, your account with the Company will be immediately disabled and you might be charged a twenty-five dollar ($25.00) service charge.
All billing disputes should be directed to email@example.com. Any billing disputes done through a financial institution can result in the immediate cancellation of your account for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.
The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by the Company. Under no circumstances will the Company be held liable for fees incurred by the subscriber’s financial institution. Service will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid.
RATE CHANGES. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. Contracts will remain in force until such time as they expire and then new pricing may be applied. Otherwise, the service under renewed contract will be billed at the new rate. This Agreement hereby super-cedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
EQUIPMENT. STBs (Set Top Boxes) are available via the Company. End users cannot provide their own STB. Upon termination of service Customer must return the equipment in good working order. Should the equipment not be returned, or is returned not in working order the Customer will be charged an equipment not returned fee of one hundred and fifty dollars ($150.00).
The return of the leased equipment to the Company is at the cost of the Subscriber only. The Company is not responsible for providing any return shipping boxes or labels, nor is the Company responsible for crediting or refunding the Subscriber any monies paid for mailing or shipping the provided equipment. All equipment provided by the company must be returned to one of the following addresses. Neither of these addresses accept US Mail but you can hand deliver or ship via UPS or Fedex.
ZIRKEL Wireless ZIRKEL Wireless
330 S. Lincoln Suite 200 or 106 W. Victory Way
Steamboat Springs, CO 80487 Craig, CO 81625
TERM. This Agreement is effective as provided above and shall continue until terminated by Subscriber or Company pursuant to this Agreement. The monthly billing cycle starts on the first (1st) of each month, and the prorated portion if any is when the customer first signed up for service extending to the end of that same month. . An Annual Subscriber is on a twelve (12) month term beginning on the day such Subscriber accepts the terms of this Agreement as provided above. Following the initial twelve (12) month Term, the Customer has the right to renew an annual contract at the current contract rate, or to go to a month-month billing plan at a higher rate.
TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing Company with a thirty (30) day notice by phone, email or by certified mail. TERMINATIONS ARE NOT ACCEPTED UNTIL CONFIRMED BY COMPANY VIA EMAIL and you have paid all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Company receives Subscriber’s phone request, or other valid written termination request. An Annual Subscriber’s termination, if received by Company at least thirty (30) days prior to the end of their twelve (12) month term, will be effective at the end of such twelve (12) month term, unless such Annual Subscriber requests an earlier date. Company does not monitor Subscriber accounts for activity, and absence of activity, not paying a bill or cancellation of a Subscriber’s telephone number will never constitute a termination request.
A written termination request is valid only if it includes your full name, phone number, main username, date you wish the service to be cancelled, the reason for canceling, and is submitted using one of the following methods:
Via email: firstname.lastname@example.org
Via mail to:
1625 Mid Valley Drive #1-129
Steamboat Springs, CO 80487
TERMINATION BY COMPANY. If, in Company’s sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Company’s servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Company’s technical support staff, customer service staff or any other Company employees or representatives; (d) Company receives an order from a court to terminate a Subscriber’s Service; or (e) Company for any reason ceases to offer the Service, then Company at its sole election may terminate or suspend such Subscriber’s Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.
In addition any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s).
TERMINATED SUBSCRIBER. Company, in its sole discretion may refuse to accept a Subscriber’s application for renewal following a termination or suspension of such Subscriber’s use of the Service. If a Subscriber’s Service is terminated for any reason, such Subscriber, upon approval by Company, may enter into a new Agreement. Upon the termination of a Subscriber’s use of the Service, Company has the right to immediately delete all data, files and other information stored in or for the Subscriber’s account without further notice to the Subscriber.
INSTALLATION. Unless otherwise requested by the Subscriber, the first available installation date will be provided. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that there may be circumstances that delay a Subscriber’s estimated installation date and any such delay will not be considered a breach of this Agreement by Company. Payment for your initial month’s service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date. If your payment is not received by the Company upon application for an account, you will NOT receive a turn-on date, and furthermore you will be responsible for the service fees even though your account and setup information has not been provided to you.
SELF-INSTALLATION. Company does not allow “self installation”.
PROFESSIONAL INSTALLATION. Subscribers must use the Company’s professional installation services.
SUBSCRIBER PREMISE EQUIPMENT. The STB will allow one television to use your connection. Multiple televisions require multiple STBs.
TECHNICAL SUPPORT. It is the Subscriber’s responsibility to initiate and be available for technical support during Company’s hours of operation as posted at www.zirkel.us. If a Subscriber wishes to utilize Company’s technical support, the Subscriber must be available to help troubleshoot the connection and television setup. Company does not provide on-site technical support unless Customer agrees to the site visit fees of $150 per hour, portal-to-portal. However company technicians may be dispatched to troubleshoot the circuit should they suspect Company network is malfunctioning and then the Company will waive any site visit fees.
RESALE OF SERVICES. You are not permitted to resell or redistribute any programming or television services to other parties.
WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY COMPANY (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF COMPANY TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
COMPANY DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF COMPANY HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, THE CONDITION OF YOUR PHYSICAL LOCATION, EMI, RFI, WIRING INSIDE YOUR LOCATION, AND YOUR TELEVISION CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR CIRCUIT IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR COMPANY SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY COMPANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT), AND REFUND OF PREPAID FEES.
ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY.
COMPANY DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY COMPANY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. COMPANY SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. COMPANY MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, AND THE EQUIPMENT. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY’S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO COMPANY’S THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), COMPANY’S THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
LINKS. Company or third parties may provide links to websites. Because Company has no control over such websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
INDEMNIFICATION. You agree to protect, defend, indemnify and hold harmless Company from and against all liabilities, losses, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the Service, the Software, the Equipment or the Internet.
REVISIONS. Company may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at www.zirkel.us/tvuseragreement. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Service, Equipment, or Software or your rights or obligations under it. Any attempt to do so shall be void. Company may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
CHOICE OF LAW. You agree that this service is governed by the Laws of the State of Washington. You agree that Spokane County shall be the forum for any legal action relating to the services provided.
COMPLIANCE. Company’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
POLICY ENFORCEMENT. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at anytime for any reason.
ENTIRE AGREEMENT. This Agreement, including all policies posted on Company’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Company with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
NOTICE. Notices by Company to you shall be deemed given: (a) when sent to the email address as listed on the application form for service, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or application form (c) when hand delivered to your location, as applicable.
SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.