Terms of Service
- Wireless Internet
- Fiber to the Home
- Fiber to the Business
- Voice Over IP
- Skitter TV
Wireless Internet – Terms of Service Agreement Customer agrees to pay on time for Internet services provided by Spiral. Either party can terminate this agreement at any time with 30 days notice. Installation fees are not refundable. Cancellation fee: If cancelled in the first 6 months of service the cancellation fee will be $180, and then the cancellation fee decreases by $10 every month after that until the first 24 months are up. Customer agrees to hold Spiral harmless and release Spiral from liability for acts of God or other events, which result in damage to Customer by presence of the equipment of Spiral installs under this contract. Standard Installation : The Standard Installation (labor, parts and equipment) necessary for you to receive the wireless signal and transmit it to one computer or router at your location is $50 plus tax. Standard installation includes up to 50 feet of CAT-5 cable (10′ left inside at cable termination), radio install on the exterior of the home at a height not to exceed 15 feet above ground level, around no more than one exterior corner of the home and through one exterior wall of the home. (NOTE: All commercial installations are classified as non-standard.) Additional Non-standard Installation Services: Non-standard Installations will be estimated by the installer before work begins. Non-standard Installations include (but are not limited to) fishing cables through crawl spaces extended cable runs (beyond 50 feet). Additional CAT-5 cable is billed at $0.50/ft. Labor is billed at $55/hr. Home Network Setup Services: Home Network Support Services are available to set up your wireless router and connect up to 10 devices for a fee of $12.99 per month when you enroll in Spiral Netsupport. Installer will configure your wireless router, setup security and also connect up to 10 wireless devices to communicate with the router during the initial installation. Speed, Reliability and Service: The customer agrees that they have been informed of the possibility that at any point in the future, the signal may be disrupted because of outside interference beyond the control of Spiral. Speeds may be affected by overall network load, and by the number of users within the customer’s own local network (i.e. number of devices attached to the customer’s wireless router). Services may be interrupted at times by outages from our up-line providers, as well as maintenance work and storm damage incurred by Spiral. Spiral will be held without fault for performance that is adversely affected by the (not limited to) aforementioned forces beyond our control. When the customer experiences problems accessing the Internet, they should call our toll free technical support number at 855.877.4725. If it is deemed by the Spiral Tech Support that the problems are not related to equipment and/or network issues of Spiral (up to and including the Customer Premise Equipment installed by Spiral, and the customer desires a Spiral technician to proceed to come to their location and check for a problem, a service call fee of $65 will be charged if it is determined that the problem is not with the Spiral equipment. A charge rate of $55 per hour (billed in ½ hour increments) for diagnostics and repairs will be assessed if the customer wishes the Spiral Technician to repair the non-Spiral related problem. The cost of any additional or replacement equipment (connectors, cables, etc.) will be estimated before the repair is commenced. Fees and Billing: Customer’s billing period begins the middle of the month, depending on length of month, (with the first month of service pro-rated from the installation date until the next bill posting). Bill is due the first of the following month, and is paid by credit card, debit card or electronic funds transfer (echeck) with payment processed once funds have been received. Actual charges may be incurred between the 1st and the 5th of the month. If credit card, debit card or e-check transactions are declined and the account becomes 30 days overdue, and no prior arrangements have been made with Spiral, service will be suspended until the fees are paid in full. Once an account is deactivated, not suspended, a $25 re-connection fee will apply. Once the account is not active, at any time and at the discretion of Spiral, a technician will be dispatched to the premises, and the equipment will be reclaimed. Term: This contract is valid for two years from the date on the contract. After contract has expired, service will exist on a month to month basis.
Fiber to the Home (Fiber to the Home) –
Fiber to the Business (FTTB) –
Fiber to the Business (FTTB) Internet Services Customer agrees to pay on time for Internet services provided by Spiral Communications, LLC. Either party can terminate this agreement at any time with 30 days notice. Cancellation fees may apply. Installation fees are not refundable.
- Term and Renewal. This Agreement and its Proposal(s) and/or Service Schedules (“Proposals”) incorporated herein by reference (“Agreement”) are effective on the Effective Date set forth above and will continue for the Term set forth in the Proposal from the date that Services are installed until either terminated pursuant to the provisions below or replaced with a new agreement.
- Charges for Services. Customer is responsible for paying all charges that apply to the Services ordered on a Proposal or used on a per-use basis by Customer, including items such as features, installation, labor, repair, long distance, and directory or operator assistance as specified on the Proposal or set forth in Company’s Price Lists or Tariffs. Customer is responsible for surcharges, fees, and assessments that apply to the sale and use of Services, including how those may change in the future. Company will bill Customer monthly for the Service, payable at Net 30. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software-based Services is granted to Customer); or (ii) 30 days after delivery of the applicable facility and/or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent); however, Company may choose to bill in full monthly increments with no proration for partial service periods when service either starts or ends in the middle of a billing cycle. In certain service areas, paper bills are available only upon request and for a monthly charge. If Customer authorizes payment by credit or debit card, then Company will not obtain further consent or provide additional notice before invoicing the credit or debit card for all amounts due and owing.
- Fees and Billing. Invoices are generated mid-month and are due on the first of each month. Payments can be made via credit card, debit card, electronic funds transfer (echeck) or cash. Automatic payments are withdrawn on the first of every month. If payment is not received by the start of the next billing period, the account will be delinquent and a $10 late fee will be applied. Delinquent accounts will have access to the Internet disabled until payment is made in full. Accounts that are 60 days or more overdue, where no arrangements have been made with Spiral, will be deactivated, and a $50 re-connection fee will apply. After deactivation, at any time and at the discretion of Spiral, a technician will be dispatched to the premises to reclaim Spiral equipment.
- The Standard Installation (labor, parts and equipment) necessary for you to receive the FTTB signal and transmit it to one computer or router at your location is $199 plus tax. Standard installation includes an ONT in your business, fiber drop to the business, fiber box on the exterior of the business, and an aerial delivery. Commercial Installations may be subject to some non-standard charges and will be made at the discretion of the installer and with communication to the business owner before the start of work.
- Additional Non-standard Installation Services: Non-standard Installations will be estimated by the installer before work begins. Non-standard Installations include (but are not limited to) fishing cables through crawl spaces extended cable runs (beyond 50 feet). Additional CAT-5 cable is billed at $0.50/ft. Labor is billed at $65/hr. A separate pricing and proposal will be done if additional wiring and/or equipment is needed for the business.
- In the event Customer’s Services include fees associated with installing enterprise data products, including but not limited to, Ethernet Internet Service, MPLS, Hosted VoIP, VoIP and Data, Managed Security or Managed Router, and unless a Proposal provides otherwise, fifty percent (50%) of Customer’s non-recurring costs (“NRCs”) shall be paid by Customer on the Effective Date, prior to Company starting any work to install the Services. The remaining fifty percent (50%) of the NRCs shall be paid upon receipt of the first invoice after billing has started pursuant to this Section. Customer’s NRCs, if any, will be identified in the Proposal. If this is a change or addition to Services currently received by Customer at the service location, this Service Schedule supersedes the existing Service Schedule or Proposal related to the location; however, if only a partial list of the Services that Customer is currently receiving at such service location is set forth herein, this Service Schedule merely supplements the existing Service Schedule or Proposal. The term set forth herein begins upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software-based is granted to Customer); or (ii) 30 days after delivery of the applicable facility or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent); however, for existing customers, any rate or Product changes (“Changes”) will be effective at the start of the next billing cycle after the Changes have been made, which could be at least two bill cycles from the date of this Service Schedule.
- Disputes. To dispute a bill, Customer must do so in good faith and deliver to Company in writing the specific basis for such dispute within 30 days after the date on the bill. If Customer does not follow this dispute process, the dispute shall be deemed waived. Each party has the right to discuss issues directly with the other party and Company may refuse to discuss issues through Customer’s external representative. Standard Installation:
- Partial Payments; Late Payments. Company may accept any payments Customer marks as being “payment in full” or as being settlement of any dispute without waiving any rights Company has to collect the full payments from Customer. Customer is responsible for paying all costs and fees Company incurs as a result of collecting Customer’s unpaid charges. If Company does not receive full payment when due or does not receive payment in immediately available funds, Company will add a late payment fee to the amounts owed and will calculate such fee as the total owed times interest at the maximum rate allowable by law.
- Credits and Deposits. Customer authorizes Company to ask credit-reporting agencies for Customer’s credit information. Company may require Customer to submit an initial security deposit and/or advance payment and an additional deposit and/or advance payment if Customer increases Services or Customer’s credit rating changes. The deposit will be refunded if satisfactory credit has been established or upon termination of this Agreement for any reason, except that Company at its discretion may apply the deposit to any amount due and unpaid by Customer.
- Services Location; Moves. Customer is responsible for providing an environment that is suitable for the Services, including equipment that is compatible with Company’s network. Customer shall provide Company with the correct address to obtain Services because Company relies on such information to determine which taxes, fees, surcharges and assessments apply to Services. If Customer does not provide a valid address, Customer will be responsible for any resulting taxes, fees, surcharges, assessments and penalties related thereto. Customer will notify Company if Customer’s address changes, in which case Company may either (a) terminate the affected Services; or (b) allow Customer to provide 60 days’ advance notice to Company to move Services to a new location and pay any applicable installation charges. Customer will enter into a new Agreement for such new location or Company will apply the liquidated damages set forth in Section 12 for the terminated location. Charges could apply and monthly fees may be affected for moves.
- Company-Provided and Owned Equipment. Any equipment installed by Company on Customer’s premises that is not the subject of a sale or lease to Customer (such as the CSU/DSU, interface cards, Channel Bank and routers, if applicable) shall remain at all times the property of Company. Equipment shall remain in good condition, less normal wear and tear. Company shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse Company for the cost of any necessary repairs. Customer shall provide Company reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If Company does not have access to Customer’s premises within 30 days after Customer terminates with Company, Customer shall reimburse Company for the full purchase price of the equipment as well as any attorney’s fees and costs.
- Disconnection of Current Provider; Special Construction; Third Party Charges. Customer is solely responsible for disconnecting Services with its current service provider. Customer shall pay all charges if Company or a third party provider is required to extend the demarcation point or undertake special construction for Customer. Unless Company specifically agrees in writing to undertake equipment installation and maintenance work, Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services and Company shall have no responsibility for maintenance or repair of same.
- Internet. Company cannot guarantee speeds or uninterrupted, error-free service. Internet speeds are distance and location-sensitive and speed will vary based on factors such as the condition of wiring inside a specific location, computer configuration, network or Internet congestion, the server speed of the Web sites accessed, and other factors. Speed, Reliability and Service: The customer agrees that they have been informed of the possibility that at any point in the future, the signal may be disrupted because of outside interference beyond the control of Spiral. Speeds may be affected by overall network load, and by the number of users within the customer’s own local network (i.e. number of devices attached to the customer’s wireless router). Services may be interrupted at times by outages from our up-line providers, and well as maintenance work and storm damage incurred by Spiral. Spiral will be held without fault for performance that is adversely affected by the (not limited to) aforementioned forces beyond our control. When the customer experiences problems accessing the Internet, they should call our toll free technical support number at 855.877.4725. If it is deemed by the Spiral Tech Support that the problems are not related to equipment and/or network issues of Spiral (up to and including the Customer Premise Equipment installed by Spiral , and the customer desires a Spiral technician to proceed to come to their location and check for a problem, a service call fee of $65 will be charged if it is determined that the problem is not with the Spiral equipment. A charge rate of $65 per hour (billed in ½ hour increments) for diagnostics and repairs will be assessed if the customer wishes the Spiral Technician to repair the non-Spiral related problem. The cost of any additional or replacement equipment (connectors, cables, etc.) will be estimated before the repair is commenced.
- This Agreement, the documents incorporated by reference and any Customer Addendums entered between the parties constitute the Parties’ entire Agreement. This Agreement and any Addendums hereto may be amended only in a writing signed by authorized representatives of each party. This Agreement and its incorporated documents supersede any and all statements or promises made to Customer by any Company employee or agent. In the event of any conflict between the provisions of this Agreement and any of the documents incorporated by reference, the provisions of the Google License shall control for Google Services, followed by the Tariffs and Price Lists or Value-Added Services click-through agreements for applicable Services, this Agreement and then the Acceptable Use and Privacy policies. This Agreement may be signed in counterparts, and facsimile or electronic scanned copies may be treated as original signatures. Company also may execute this Agreement via a verifiable electronic signature.
- Termination. Either party may terminate this Agreement by providing at least 30 days’ notice prior to the end of the initial Term or a Renewal Term or if the other party is in breach of any material provision of this Agreement and such other party fails to cure within 30 days after written notice. Customer’s right to terminate for cause is limited to termination of the affected Services at the affected location only. Company may limit, interrupt or terminate Services immediately if: (a) after any required notice, Customer has not paid for Services; or (b) Customer uses the Services in an adverse manner that affects Company’s network or other customers; or (c) Customer or others have used the Services fraudulently or unlawfully while on Customer’s premises or while the Services are under Customer’s control; or (d) Customer or others use the Services in an excessive, abusive, or unreasonable manner that is not customary for the type of Services; or (e) Customer resells any Services or uses the Services to aggregate other persons’ traffic; or (f) Customer uses the Services for its own end users and/or customers as a telecommunications provider or any other kind of provider. In addition to the termination rights of Company set forth above, if Customer or others use the Services in an excessive, abusive, or unreasonable manner that is not customary for the type of Services (including, but not limited to, circumstances in which Company is receiving traffic from Customer that originates from a location other than the local calling area associated with the customer’s service location), company may: (v) charge long-distance charges for such traffic and any additional charges necessary to recoup its administrative costs and any charges from other carriers; (w) charge an additional price per minute in Company’s discretion for each call that violates this provision; (x) restrict or cancel use or convert customer to another plan; (y) require customer to pay for the excessive use immediately and make a deposit; and/or (z) void any applicable price guarantee. Company may restore service if customer corrects the violation and pays all outstanding amounts owed, including restoration charges. For Ethernet Internet Access services and MPLS – Virtual Private Network/Virtual LAN Services, Company shall verify the availability of facilities, and in the event that Company determines in its sole discretion that facilities are not economically or technically feasible, Company has the right to terminate this Agreement without liability.
- Effect of Termination.
- Pre-Installation- If Customer terminates this Agreement after the Effective Date but prior to the installation of Service(s), Customer will pay Company a Pre-Installation Cancellation Charge (Cancellation Charge) equal to three months of MRCs except that if Company’s costs to other providers are greater than this amount, Customer shall also reimburse Company for such costs. Customer agrees that the Cancellation Charge is a reasonable measure of the administrative costs and other fees incurred by Company to prepare for installation. The Cancellation Charge set forth in this Section 12(a) is in lieu of the charges set forth in 12(b) below for post-installation cancellations.
- Post-Installation- CUSTOMER UNDERSTANDS THAT ITS RATES ARE BASED UPON ITS COMMITMENT TO PURCHASE SERVICES FOR THE TERM OR RENEWAL TERM. If cancelled in the first 6 months of service the cancellation fee will be $180, and then the cancellation fee decreases by $10 every month after that until the first 24 months are up. Additionally, if Customer received a bundled rate for the disconnected Service(s), then Customer’s charges may be adjusted by Company to the unbundled service rates. Customer agrees to hold Spiral harmless and release Spiral from liability for acts of God or other events, which result in damage to Customer by presence of the equipment of Spiral installs under this contract.
- Limitation of Liability and Indemnity. FOR PURPOSES OF THIS SECTION, DISCLAIMER OF WARRANTIES, AND EMERGENCY . CRITICAL LINES PROVISIONS, “COMPANY” INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHICH BEHALF COMPANY RESELLS SERVICES. COMPANY’S LIABILITY FOR SERVICES PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED CUSTOMER’S MRCS DURING THE PERIOD IN WHICH THE DAMAGE OCCURS. IF CUSTOMER’S SERVICE IS INTERRUPTED, COMPANY’S LIABILITY WILL BE LIMITED TO A PRO-RATA CREDIT FOR THE PERIOD OF INTERRUPTION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY’S FEES OR FOR ANY DELAY OR FAILURE TO PERFORM UNDER THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO SERVICE INTERRUPTIONS) DUE TO CAUSES BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, CABLE CUTS OR COMMON CARRIER DELAYS. CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT COMPANY’S LIABILITY AS PROVIDED HEREIN. EACH PARTY WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY, AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD-PARTY CLAIMS ARISING OUT OF THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT. COMPANY IS NOT RESPONSIBLE OR LIABLE IF SERVICES ARE LOST, STOLEN OR MISUSED, EXCEPT WHEN DUE SOLELY TO COMPANY’S NEGLIGENCE OR GROSS MISCONDUCT. CUSTOMER IS RESPONSIBLE FOR ALL USAGE, CHARGES, AND LIABILITY INCURRED FOR SUCH LOSS, MISUSE, OR THEFT OF SERVICES WHILE IN CUSTOMER’S CONTROL, REGARDLESS OF WHETHER/WHEN COMPANY NOTIFIES CUSTOMER OF INCREASED USAGE.
- Disclaimer of Warranties. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
- Emergency. Critical Lines. CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES MAY NOT PROVIDE ACCESS TO 911 OR TRANSMIT THE LOCATION OR EXTENSION IF CUSTOMER ATTEMPTS TO ACCESS 911 IN AN EMERGENCY. Examples include voice over Internet protocol, Centrex, and private branch exchange. Additionally, because T1s and VoIP can cease operating during a power outage, Customer should have a basic business or copper line for elevator, alarm, E911 and other critical functions. By signing this Agreement, Customer acknowledges that Customer has read this disclosure. By proceeding with use of Services, Customer assumes all responsibility and risk of harm, loss, or damage in the event that 911 access fails, is not possible, or does not provide the address, correct address, extension or other information to emergency authorities.
- Confidentiality. Except when this Agreement is required to be filed with a governmental authority, the Parties agree that this Agreement contains proprietary and confidential information and shall not be disclosed publicly to any third party except the such dealer(s) or agent(s) of Company that are negotiating with Customer in order to execute this Agreement.
- Notices and Electronic Communications: Any notice pursuant to this Agreement must be in writing and will be deemed properly given if hand delivered, mailed or faxed to Customer at the address populated above or to Company at Spiral Communications, Attn: Craig Hagenau, 602 S. Locust St, Glenwood, IA 51534. CUSTOMER AGREES THAT COMPANY MAY SEND ELECTRONIC MESSAGES TO CUSTOMER CONCERNING COMPANY’S SERVICES;
- Applicable Law: This Agreement is subject to applicable federal law and the laws of the state in which the Services are provided, without regard to that state’s conflict of laws principles. If this Agreement covers multiple states, then it is subject to Iowa law, without regard to its conflict of law principles;
- Waiver of Jury Trial. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
- Assignment: Either party may assign this Agreement to an affiliate or acquirer of all or substantially all of its assets without any advance consent from the other party but Customer shall provide Company with notice and complete all paperwork necessary to effectuate any change in ownership or other account changes. Otherwise, Customer may not assign its rights and obligations under this Agreement without Company’s advance written consent;
- Third Party Beneficiaries: No third party shall be deemed a beneficiary of this Agreement;
- Waiver: Either party’s failure to enforce any right or remedy available under this Agreement is not a waiver;
- Severability: If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect;
- Survival: Sections 12 through 17 survive after this Agreement ends;
- Handwritten Changes: Handwritten changes are not binding on either party. Term: This contract is valid for two years from the date on the contract. After two years the contract will automatically renew, unless the customer cancels in writing 30 days prior to the end of the term.
Voice Over Internet Protocol (VoIP) –
Skitter TV –