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Cable TV |
ImOn Residential Cable Terms of Service and Conditions
We, ImOn Communications, LLC ("ImOn"), (and our affiliates or designees) will provide you, the Customer ("Customer") with wiring and certain electronic equipment needed to utilize and enjoy the services provided by ImOn. Customer understands that all equipment (converters, decoders, transformers, cable, remotes, modems) installed or provided to the Customer is the property of ImOn. Customer agrees not to allow any competitive service provider to use any wiring and/or equipment provided by ImOn for any purpose. Customer agrees not to tamper with, alter or remove any wiring or equipment from the Customer's premises and will excercise reasonable care to prevent damage or loss of wiring and equipment. Customer agrees to allow ImOn to inspect, repair, replace and/or remove this wiring and equipment as may be deemed appropriate between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Customer agrees to provide ImOn with one week's notice in the event of voluntary termination of service and acknowledges that billing will continue until all equipment belonging to ImOn is returned. If equipment is tampered with, lost, stolen, damaged and/or not returned within three (3) business days of termination of service Customer agrees to pay ImOn: Customer will be contacted to arrange a convenient time for installation of service. Once and agreed-upon installation date and time is set, it is the Customer's responsibility to notify ImOn of any change at least 48 hours in advance of the arranged appointment by calling Customer Service at 319-298-6484. Customer may be subject to a $25 rescheduling fee if notification is not received at least 48 hours in advance of arranged appointment time. Normal field service hours for ImOn are 8:00 a.m. to 5:00 p.m. Monday through Friday. If service personnel are dispatched outside of normal service hours at the request of the Customer for reasons other than complete service outage, normal service fees and charges may apply. Customer acknowledges that provisioning of service may be predicated on a satisfactory initial and continuing evaluation by ImOn of the Customer's credit history, and authorizes any person or consumer reporting agency to furnish ImOn or its designee with any pertinent credit information in response to a credit inquiry by ImOn. A service deposit may be required prior to provision of service. Customer acknowledges that ImOn may monitor dollar-volume levels on usage-sensitive services (cable pay-per-view transactions, long distance) for purposes of detecting potential fraud and/or excessive usage. If levels of billable usage-sensitive services indicate potential fraud and/or excessive usage, every reasonable effort will be made to contact Customer. ImOn may temporarily suspend service and require a service deposit and/or payment of all outstanding balance(s) prior to reconnection of service if fraud and/or excessive usage is detected. Customer also agrees to pay ImOn any and all legal costs of collections for unpaid balances due plus one and one-half percent (1.5%) interest per month on the unpaid balance. The charges for service provided by ImOn are due in advance, and payable per the billing cycle identified on the front of this agreement. Service may be discontinued if payment(s) are not made within payment terms. Past due charges will be legally and vigorously collected and Customer may pay a service restoration fee if reconnected after non-payment. Customer acknowledges that any and all monthly discounts and/or rebates offered either on a promotional basis or recurring basis may be forfeited in the event of late payment. "Late payment" shall be defined as payments for services received by ImOn after the "due date" marked on the Customer's monthly invoice. Customer agrees to indemnify and hold harmless ImOn for damages, whether direct and/or consequential, resulting from any malfunction or failure of the equipment or for any delay in replacing malfunctioning or damaged equipment. ImOn is not responsible for replacement and/or recharging remote control batteries. Battery replacement is the responsibility of the Customer. ImOn shall not be liable to Customer for any indirect, special, punitive or consequential damages arising out of this agreement or from any breach or partial breach of the provisions of this agreement regardless of whether ImOn was advised or had reason to know of their possibility.
Termination of service for any reason, including being terminated for non-payment, will result in payment due to ImOn equal to 1/6th of the installation fee for each month remaining of the six months following this agreement. Customer may choose to instruct ImOn to use the existing coaxial cable installed in the home if existing coaxial cable may safely and technically be used. (This shall be determined by ImOn according to the products and services selected by the Customer.) If so, ImOn will provide service to existing outlets without an installation charge. Should the internal wiring be inadequate to provide quality services or be determined by ImOn to be in violation of FCC regulations pertaining to acceptable leakage standards, Customer may have their home rewired under the terms outlined above. NOTE: Customers choosing digital, interactive or high-speed data products must use coaxial cable equal to or greater than quad-shielded RG-6, ImOn will not provide these services to Customers where wiring is not to this standard. Customer agrees that ImOn may, in order to improve service and/or adhere to FCC leakage requirements, remove, replace, modify or otherwise alter any and all existing coaxial cable found on the premises at the discretion of ImOn. FORCE MAJEURE. If performance by ImOn of any obligation under this Agreement is prevented, restricted or interfered with by causes including without limitation failure or malfunction of Customer-supplied equipment, acts of God, explosions, terrorism, vandalism, cable cut, storms, fires, floods or other catastrophes, power failure, national emergencies, insurrections, riots, wars, strike, lockouts, boycotts, work stoppages or other labor difficulties, or any law, order, regulation or other actions of any governmental authority, agency, instrumentality, or of any civil or military authority, then ImOn shall be excused from such performance on a day-to-day basis to the extent of such restriction or interference. ImOn will use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance with reasonable dispatch. This agreement supersedes all prior agreements and constitutes the entire
agreement between ImOn and the Customer with regard to purchase of cable
and/or Internet service. Customer agrees that no oral representations
of any ImOn representative, agent or employee shall modify the terms of
this document. Any modification must be in writing and executed by an
authorized representative of ImOn. |
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