Term and Conditions
“You,” “your,” and “Customer” mean the person, company, or business that subscribes to Communication Services. “We,” “our,” “us,” and “WESTEX” refer to Wes-Tex Telephone Cooperative, Inc., WESTEX Telecom, WesTVee and its subsidiaries and affiliates. “Communication Service(s)” or “Service(s)” refer to the communication or TV services you have asked us to provide to you. “Service Order” means the form (whether paper or electronic) on which you apply for Services and includes certain terms and conditions of the Services such as the length of time you will subscribe to them, rate plans, access charges, choice of long distance carrier, and the Equipment you have selected. “Equipment” means any communications equipment or accessories you purchase or lease from us.
About These Terms and Conditions
BY USING ANY WESTEX TELECOM SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. If you do not wish to be bound by these Terms and Conditions, do not use the Services and notify us immediately. We may change these Terms and Conditions at any time if we give you advance notice of the changes. You accept the changes if you use Services after you receive our notice. If you do not accept the changes, you may terminate your Agreement by giving us notice, in which case you will not be subject to an early cancellation fee. You will still be responsible for all charges for Service and Equipment made before you terminated your Agreement.
Your Agreement and WESTEX’s provision of Communications Services are subject to the provisions of any applicable federal, state or local tariffs.
These Terms and Conditions, together with the Service Order and any applicable tariff, are the entire Agreement between you and us, which may only be amended as described above. These Terms and Conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.
- Fixed Term. You agree to subscribe to the Services for the length of time identified on the Service Order. The Services you receive after the end of the term will be provided on a month-to-month basis.
- Month-to-Month Term. If no length of time is identified on the Service Order, then the term is month-to-month.
Termination By You
- Fixed Term. If you subscribe to a Service for a fixed term and you terminate the Service before the end of the term, or if you do not honor any advance notice of termination requirement, then you will be required to pay us an early cancellation fee as specified on your term agreement. In addition, you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.
- Month-to-Month Term. You may terminate a Service to which you subscribe on a month-to-month basis at any time by notifying us. You remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.
- Bundled Services. If you receive special rates in return for subscribing to multiple Services (“bundling”) and you subsequently
unbundle, terminate, or disconnect any of these Services at any time, then we may adjust the rates for the remaining Service(s).
- Change in Location. A change in your service address or the location to which any Service is provided to you may constitute your termination of that Service.
Termination By Us
We may interrupt or terminate a Service: (1) if you do not honor any provision of these Terms and Conditions (including payment obligations), (2) if you use a Service in a manner that adversely affects Service to other customers or harasses our customers or employees or (3) if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so. We may restore such interrupted or terminated Service, in our sole discretion, following correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your service.
Termination of Service
Service may be refused or discontinued without notice in the event that; 1) service is used in such a manner that will adversely affect WESTEX service to others or is otherwise in violation of any FCC Rules or Regulations; 2) services are not available from the network provider or its successor; 3) your credit information provided to WESTEX is inaccurate; or 4) WESTEX becomes aware of facts indicating that your credit standing has deteriorated. WESTEX reserves the right to require a deposit for continuation of service, if WESTEX deems such advisable.
Charges for Services and Equipment
You are responsible for paying all charges applicable to your account, including but not limited to: access, features, toll, long distance, directory assistance, and the cost of Equipment. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed from time to time in connection with the Services and the Equipment.
We will bill you monthly for all charges associated with the Services, and we will invoice you for all charges associated with Equipment. Payment in full is due no later than the due date indicated on your bill. If you have authorized payment for Services or Equipment by debiting a bank account or credit card, no additional notice or consent is required before we debit the bank account or credit card for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being “payment in full” or as being settlement of any dispute without losing any of our rights under this Agreement. You agree to pay costs and fees we incur to collect an unpaid balance from you.
Credits and Deposits
You authorize us to ask credit-reporting agencies for credit information about you. We may, in our discretion, require you to submit a deposit as security for payment of charges. An additional deposit may be required if either the amount or number of Services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.
Internet Access Service
If you subscribe to our Internet Access Service, then you agree to abide by our Acceptable Use Policy. The Acceptable Use Policy generally provides that you may not use our Internet Access Service to (1) engage in illegal activity, (2) violate the network policies of any network accessed through our Service or (3) engage in any activity that interferes with other Internet users’ use and enjoyment of the Internet or our Service. The Acceptable Use Policy may change periodically, and it is your responsibility to review it from time to time and comply with the changes.
Telephone Numbers and E-mail Addresses
We assign telephone numbers and e-mail addresses in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you.
Services Provided by Third Parties
The Services will be provided either by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any Services provided to you without notice.
Privacy and Customer Proprietary Network Information
You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law. Information in our billing and customer care systems concerning your account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information. We may analyze your account and usage information and share this information with other WESTEX entities. We will not share this information with other companies. If you do not want us to use your information internally, please notify us.
Theft and Fraud
If your Service or Equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
LIMITATION OF LIABILITY
OUR LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES.
DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
No Waiver; Severability
If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
Field Technician Dispatch (1 hour minimum)
– Normal business hours—————————————– $50 per hour
– After hours and Weekends————————————$100 per hour
Replace inside base unit or ONT damaged/lost by customer $400.00
Replace outside base unit damaged/lost by customer $450.00
Replace gateway or UPS damaged/lost by customer $200.00
Replace set top box damaged/lost by customer $250.00
Replace Fiber Drop/Wiring damaged by customer $199.00
Move existing service to another location———————- $199.00
Disconnect/Cancellation Fee (per circuit)———–(see Term agreement)
Reactivation Fee——————————————————— $150.00
Unpaid Check/Rejected Credit Card——————————- $025.00 (or the legal limit)
Additional e-mail boxes (5 additional boxes)——$25 set-up/$15 mo
*Due to internet technology characteristics, service availability and the maximum speed deliverable to your location cannot be guaranteed until the date of installation. In the event of service speed availability changes, you will automatically receive WESTEX Telecom internet at the applicable lower rate.