TERMS OF SERVICE

Promise To Pay -

Service will be provided by VARCOMM Broadband, Inc., (“VARCOMM)” and invoiced in advance on Customer’s monthly by Ducor Telephone Company bill. Payment is due by the 20th of the month. Company reserves the right without further notice to suspend or terminate Customer’s account and service if Customer’s account is still unpaid seven (7) business days after the 1st of the following month. Such suspension or termination of service does not relieve Customer of the obligation to pay all of Customer’s account charges. An oral or written request from the Customer, given to Company, with 15-day notice is required to terminate service. In the event of account delinquency, Customer agrees to pay Company reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights under this Agreement.

Changes in Terms -

VARCOMM may change the Terms of Service (including Rates) on not less than ten days written notice by email or by United States mail or by posting notifications on www.VARCOMM.net. Your use of VARCOMM’s broadband service after the effective date of any change in the Terms shall constitute your acceptance of and agreement to such change.

Charges, Billing, and Payment -
Rates – Current rates for broadband service can be found at www.varcomm.net or by calling 888-539-5234.

Billing – VARCOMM will bill you monthly. The fixed monthly rate is payable in advance, on or before the first day of VARCOMM monthly billing cycle. Usage charges, if any, are billed in arrears. VARCOMM will bill you, and you agree to pay in full each month: 1.) the monthly fee for broadband services you request; 2.) any charge(s) for modems or routers; 3.) activation fees, connection and/or installation charges, if any; 4.) late fees, service restoration fees, if any; 5.) Service charges and 6.) any applicable taxes, recovery fees, and surcharges that VARCOMM pays to municipalities and or other governmental agencies which may be passed on to you.

Billing Disputes –

Unless you notify VARCOMM of an error in VARCOMM’s billing within Sixty (60) days after it first appears on your account statement, the statement will be deemed accepted and waived by you for all purposes. You release VARCOMM from all liabilities and claims resulting from any billing error not reported to VARCOMM within sixty (60) days after the date of the statement on which it appears.

Late Payment or Non-Payment –

If VARCOMM does not receive the full amount you owe for VARCOMM broadband service and related fees by the last business day of the month, you shall owe VARCOMM interest at the rate of 1.5% (or the highest amount allowed by law, whichever is less) per month on the outstanding balance until paid in full. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the broadband service on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. You shall also be liable for all costs of collecting any unpaid balance on your internet service account(s) with VARCOMM, including any collection agency’s fees, attorneys’ fees, and arbitration or court costs.

Suspension/Disconnect –

If any amount remains unpaid for more than thirty (30) days, VARCOMM shall have the right in its sole discretion in accordance with and subject to applicable law to terminate, suspend, or disconnect your VARCOMM broadband service. VARCOMM may charge you a service restoration fee to reconnect service upon suspension and or disconnection of broadband service.

Credit Check –

You authorize VARCOMM to do any credit verification VARCOMM deems necessary and such verification may be done at any time while you are receiving VARCOMM broadband service. Credit verification may include a review of credit reports received from any commercially available credit bureau. You agree to provide VARCOMM with such personal information as may be required by VARCOMM in order to determine your creditworthiness and you represent and warrant that all of such information is true and correct. You acknowledge that credit privileges, if granted, may be withdrawn at any time in VARCOMM’s sole discretion.

Charges Not Included – You may incur charges while using the internet, for example, for using online information services and shopping online. You are solely responsible for paying those charges.

Acceptable Use Policy -

VARCOMM’s Acceptable Use Policy can be found at: https://VARCOMM.net/terms-of-service

Network Transparency - VARCOMM’s Network Transparency Policy can be found at: https://VARCOMM.net/terms-of-service

Limitation of Liability - In no event shall VARCOMM be liable to or through Customer or anyone else for (i) any direct, indirect, special, incidental, exemplary, and /or extraordinary or consequential damages of any nature whatsoever even if Company has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in service, or faulty or misdirected transmission) suffered for any reason by Customer or anyone with respect to Customer’s account; (ii) any damages, loss, or liability suffered by Customer or anyone as a result of any failure to live up to any of Customer’s obligations under this Agreement or applicable law or regulation, or with respect to the Customer’s account; (iii) any claim, action, or proceeding against the Customer or anyone by any third-party for damages, loss or liability, any or all of which is based upon, arises out of, or is derived from or otherwise related to the use and/or access which is the subject of this Agreement. Customer’s right to use Company’s services and systems is provided “as is” and “when available” and without warranty of any kind or nature, warranties the merchantability and of fitness for a particular purpose. This limitation of warranties was a material factor in the establishment of the fees charged for Company’s services and system and shall survive the expiration or termination of this Agreement. Customer acknowledges that Company’s services and systems and the Internet in general is at Customer’s sole risk and no representation or warranty has been made that Company’s services and systems will be uninterrupted or error free. VARCOMM’s maximum liability to Customer or anyone using Customer’s account for any and all damage, loss or liability of any kind including without limitation Company’s negligence, shall be limited to the amount paid by the Customer to the Company for Internet monthly charges during the two-month period preceding the claim.

Indemnity - Customer agrees to indemnify, defend, through attorneys reasonably acceptable to the Company and hold Company, it agents and employees harmless from and against any claim damages, loss, proceeding, liability, judgement, settlement, costs or expense (including reasonable attorney’s fees, fines, and penalties) of every kind and character suffered by Company, its agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Customer under this Agreement. This indemnification obligation shall survive the expiration of termination of this Agreement.

Termination -

Company, without prejudice to any of its other rights or remedies, may immediately and without further notice, terminate or suspend Customer’s account and service and this Agreement and may delete all data, files, or other information stored with the Company, if, with respect to Customer’s account, Company’s policies and the terms and conditions of service are not satisfied, including, but not limited to account delinquency or abuse or unlawful use of the service. Company may charge an early termination fee for accounts that are active for less than 6 months. Company may terminate this Agreement without cause, upon 30 days written notice to Customer. Customer may terminate service by contacting a VARCOMM representative at 888-539-5234 or notifying VARCOMM at: P.O. Box 700, Ducor, CA. 93218. Upon termination of service, Customer will return all equipment in good working condition. Customer is responsible for the full cost of replacement for equipment not returned in good working condition.

Modems and Routers –

VARCOMM will provide and install a modem and a leased router to connect to the VARCOMM network. Monthly rates for leased routers can be found at www.VARCOMM.net. It is not the policy of VARCOMM to allow third party modem or routers. VARCOMM does not support third party modems or routers and it is Customers’ reasonability for ensuring their equipment does not interfere or harm VARCOMM’s network. More information on Network Transparency can be found at www.varcomm.net. VARCOMM cannot guarantee the interoperability of third party modems or routers with VARCOMM’s network and will not provide any free support for subscriber’s installation or connection of third party modems or routers to VARCOMM’s network.

General -

These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Customer represents and warrants that Customer is over 18 years of age, that Customer has read this Agreement and Customer accepts and agrees to the terms and conditions of service as set forth above.