SUBSCRIPTION AGREEMENT
Subscriber hereby subscribes for the service itemized on the front side of this agreement. Company agrees to provide Subscriber with such services on the terms herein after provided at the current monthly subscription fee payable in advance on the first day of the subscriber’s billing cycle each month.
It is understood and agreed that the equipment used to bring this service to Subscriber is and shall remain the property of the Company (except in those cases where Subscriber has purchased his/her equipment). It is, by this Agreement rented to the Subscriber. Subscriber shall return the equipment to the Company office upon termination of service. Subscriber covenants and agrees not to intentionally destroy, damage, or in any manner tamper with the equipment. In the event Subscriber shall fail to return this equipment or to allow for its retrieval, or in the event the equipment is lost, damaged, destroyed, or stolen, Subscriber agrees to pay the Company the cost of replacement not as a penalty but as liquidated damages, plus cost and fees to the extent allowable by law. Subscriber’s liability shall not extend to the legitimate malfunctions of the equipment, which are beyond the control of the Subscriber.
Subscriber may cancel this subscription at any time following the first calendar month of service by returning the equipment to the Company business office during regular hours (Monday through Friday 8:00 AM to 6:00 PM, and Saturday, 9:00 AM to 5:00 PM) Subscriber shall be obligated to pay for the service, and shall be fully responsible for the equipment, until said equipment is returned to the Company.
A subscriber must advise us of a dispute within 90 days of the billing date and prior to the date of a proposed suspension of service that all or any part of any billing as rendered is in dispute. A subscriber may advise Sunflower Broadband that a bill is in dispute in by written notice, in person or by a telephone call directed to the appropriate personnel.
If Subscriber becomes delinquent in payment of the monthly charge for the service, the Company is hereby authorized to terminate the service. If Subscriber is a homeowner, business owner or tenant, the Company, through its representatives, is authorized, in the event of any adult resident, to enter Subscriber’s residence or business, and remove the equipment, after the termination of service for whatever reason. If Subscriber is a tenant of a multi-dwelling structure, the Company, through its representatives, is authorized to enter the Subscriber’s premises by admission and in the presence of a representative of the owner or rental manager or the tenant of that unit to remove the equipment after the termination of service for whatever reason.
Subscriber may, upon the execution of this Agreement, be required to pay to Company a deposit in addition to charges for installation, processing and monthly charges. At such time as Subscriber returns the equipment in good condition to Company and makes full payment of Subscriber’s account, the deposit will be returned to Subscriber. The Company shall have a period of thirty (30) days following the return of the equipment to process and credit the deposit to Subscriber. The Company shall have the right to apply any part or all of the deposit to any unpaid balance of Subscriber’s account or to any other indebtedness of the Subscriber to Sunflower Broadband.
It is understood and agreed that the terms of this Agreement shall apply to any replacement equipment provided to Subscriber by the Company.
Subscriber shall not assign or transfer this Agreement or the equipment to any individual or entity.
Subscriber shall be responsible for batteries in any remote control device.
This equipment shall be for the personal use of the Contracting Subscriber. This equipment shall be installed at the Contracting Subscriber’s private residence, apartment, room, or place of business, and shall not be used in any public viewing area without the express permission of Sunflower Broadband under written contractual agreement. The Contracting Subscriber may not charge others for viewing services offered through this equipment, except in those cases where allowed by Sunflower Broadband under written contractual agreement.
*IMPORTANT REMINDERS*
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Make sure your equipment is covered by your Home Owner’s, Business, or tenant’s (renter’s) insurance policy.
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If service is terminated, return the equipment to Sunflower Broadband. DO NOT leave the equipment in your vacant apartment or with the landlord, neighbor, real estate agent or apartment manager. It is your responsibility to return the equipment to Sunflower Broadband.
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Monthly billing for service will continue at customer’s current rate until the equipment is returned to Sunflower Broadband and/or the customer will be charged for the price of the equipment.
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Insist on a receipt for the return or exchange of the equipment.
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Equipment provided is not user serviceable.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO CUSTOMER’S PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S AUDIO OR VIDEO EQUIPMENT, THAT RESULTS FROM ANY CIRCUMSTANCES THAT ARE NOT THE FAULT OF COMPANY, FOR EXAMPLE, STORMS, LIGHTNING, OR ELECTRICAL SURGE OR OUTAGE.
Subscriber understands and agrees that in the course of installing, maintaining or removing its equipment to provide or terminate services to Subscriber, Company may install, maintain, or remove equipment such as wiring, taps, connectors, and other electronic devices, and may install fasteners such as clips or screws, on the premises. This installation, maintenance or removal may result in holes or other damage to Subscriber’s premises. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE PREMISES RESULTING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF COMPANY’S EQUIPMENT THAT IS NOT CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SUBSCRIBER FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY FOR ANY CLAIMS AND REASONABLE ATTORNEYS’ FEES, AND EXPENSES ARISING OUT OF CLAIMS BY ANY OTHER OWNER OR MANAGER OF THE PREMISES FOR SUCH DAMAGES.
Theft of Service Notice
Federal, state, and local laws make it a crime to receive, or assist another in receiving, any cable service without our express consent. Violators face substantial criminal penalties including fines and imprisonment. In addition, we are entitled under the law to sue cable thieves in federal or state court and obtain injunctions and substantial damages. Reception of any cable service without our express authorization is prohibited.