Lyndon Terms and Conditions
By signing this agreement and the installation work order for fiber optic services, including but not
limited to high speed data or phone (individually and collectively “Services”) provided by Midwest
Energy & Communications (MEC) pursuant to the ISP Operating Agreement with Lyndon Township,
you (Customer) acknowledge that you are at least 18 years of age, have property ownership or
possessory right and are legally authorized to agree to the Terms and Conditions and billing
procedures outlined below.
- SUBSCRIPTION AND PAYMENT TERMS. Customer is subscribing to Services set forth on the installation work order for a minimum of 12 months. Customer agrees to pay monthly charges in advance, including all applicable taxes and fees. Customer agrees to pay for all Services provided by MEC including but not limited to charges for installation and equipment.
- SMARTHUB. Customer is required to complete the SmartHub registration process following the in-home installation. MEC does not send a paper bill. All monthly bills will be distributed and available only through SmartHub. Customer is encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments.
- LATE/OTHER CHARGES AND SECURITY DEPOSIT. Customer understands that MEC may require a security deposit and/or issue administrative late fee (Late Fee) for monthly charges not paid by stated due date. The Late Fee is a reasonable estimate of costs to manage past due accounts. Examples of these costs include preparing additional bill statements, processing Customer service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts. MEC does not extend credit to Customer and the Late Fee is not interest, a credit service charge or a finance charge. If Service is disconnected, MEC may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including any Late Fee, before service is restored. If Customer’s check is returned for insufficient funds, MEC may impose a service charge up to $25.00. If Customer has not paid amounts due within 30 days of the due date, a collection agency and/or attorney may be engaged to collect amounts due. Customer agrees to pay MEC for any amounts due, and all reasonable agency and attorney fees incurred, including, without limitation, court costs.
- OWNERSHIP OF EQUIPMENT-RISK OF LOSS. “Equipment” includes all Equipment provided by MEC, such as the outside optical network units (ONT) plus wiring, router, battery backup, and mesh units. This equipment and all other MEC property installed on the premises shall remain the sole and exclusive property of MEC. Customer assumes the risk of loss, theft or damage to all Equipment. Customer agrees to pay any inside Equipment lease charges associated with the Service, if using MEC’s inside Equipment.
- Termination or Service
Inside Equipment: If Customer terminates service for any reason other than moving, Customer agrees to return all inside Equipment in the operating condition as when received (reasonable wear and tear accepted) directly to MEC within 5 days of termination. In the event that the Equipment is destroyed, damaged, lost or stolen¾ with the exception of damage due to acts of God¾or the inside Equipment is not returned to MEC within the required 5 days, Customer shall be liable to MEC for the full replacement cost for any unreturned or damaged Equipment. Further, Customer understands and agrees that MEC may charge the credit card on file at time of termination of Service for the cost for any unreturned or damaged Equipment, in accordance with applicable law. If the Customer terminates service due to moving, the Equipment shall remain on the property, and the Customer will not be liable for Equipment once the property has been vacated. Outside Equipment: The ONT, wiring and any other outside Equipment shall remain permanently at the service address.
- Acts of God: If Equipment is damaged due to an act of God and Customer is not terminating service, MEC will replace Equipment at no charge.
- TAMPERING/MISUSE/LOST/STOLEN. Customer shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from Customer premises and used in another location. Customer is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Customer possession, Customer shall be liable for the cost of repair or replacement of the Equipment.
- TERMINATION OF SERVICE BY CUSTOMER. If Customer terminates Service prior to a minimum of 12 months of service, an early termination fee may apply. Customer may terminate Service in person at the office or by telephone. Customer is liable for all Services rendered by MEC up to the time the account has been deactivated and all inside Equipment has been returned.
- THEFT OF SERVICE. The receipt of Services without authorization is a crime. Customer understands that the law prohibits willful damage, alteration or destruction of Equipment. Customer may be subject to both civil and criminal penalties for such conduct. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from MEC.
- TERMINATION OF SERVICE BY SERVICE PROVIDER. MEC will give Customer five (5) days prior notice of disconnection of all or part of Service, except if the disconnection is requested by Customer. If Customer’s bill is not paid after notification is received, MEC may disconnect Service. Upon termination for any reason, MEC may charge additional fees on any unpaid balance. Further, Customer understands and agrees that MEC may charge credit card on file at termination of Service in the amount of any outstanding balance, fees and for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
- CHANGES IN SERVICE/CHARGES. MEC may change or eliminate Services and charges.
- MEC will give Customer 30 days’ notice of increases or other changes in charges, or
- Services in conformity with applicable law.
- TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided at the address where MEC completes installation. Customer may not transfer their rights or obligation to the Service to any successor tenant (unless previous party is deceased and in that case will need to provide a death certificate).
- SERVICE AND REPAIRS. MEC will make reasonable efforts to maintain system and respond to service calls in a timely manner. MEC will repair Equipment damaged due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is Customer’s sole responsibility. Customer is responsible to pay cost of repair or replacement.
- ACCESS ON PREMISES. As a condition of receiving services, Customer grants to MEC authorization to enter premises to construct, install, maintain, inspect and/or replace all other Equipment necessary to provide Services. Furthermore, as the owner of the premises at which the Services are provided, Customer will, upon request, grant to MEC a perpetual easement without charge on and through premises to construct, install, maintain, inspect and/or replace our outlets, transmission lines and all other Equipment necessary to provide Services to Customer and others.
- If Customer is not the owner of the premise, Customer warrants that he/she has authority to grant such access to MEC or that he/she has obtained the consent from the owner of the premises for MEC to install and maintain Equipment as indicated on work order.
- PRIOR ACCOUNTS. Customer warrants that no monies are owed to MEC from previous accounts with MEC. If MEC finds a prior account with Customer where money is owed to MEC, then MEC may apply any funds received to that prior account.
- WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEC DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
- MEC makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder.
- Limitation of Liability: MEC shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of MEC, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.
- Customer Exclusive Remedy: MEC entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by MEC of any obligation MEC may have under these Terms and Conditions shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall MEC’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 30 day period.
- CUSTOMER INDEMNIFICATION. CUSTOMER IS RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS MEC AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY MEC IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION
- ARISING OUT OF (i) CUSTOMER USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM CUSTOMER USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) CUSTOMER BREACH OF ANY PROVISION OF THIS AGREEMENT.
- SERVICE INTERRUPTIONS. MEC assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. However, credit adjustments will be determined on a case by case basis.
- VOICE 911/E 911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY: Customer understands and acknowledges that access to MEC Phone service may be lost or the service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) MEC NETWORK OR FACILITIES ARE NOT OPERATING (ii) BROADBAND CONNECTION IS LOST; (iii) CUSTOMER IS EXPERIENCING A POWER OUTAGE; (iv) ELECTRICAL POWER TO THE OPTICAL NETWORK TERMINATOR (ONT) IS INTERRUPTED; (v) CUSTOMER FAILURE TO PROVIDE A PROPER SERVICE ADDRESS OR MOVING THE SERVICE TO A DIFFERENT ADDRESS. Customer understands and acknowledges that in order for 911/E911 calls to be properly directed, MEC must have current service address and if Service is moved to a different address without MEC approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the
- MEC Phone service (including 911/E911) may fail altogether. Customer is required to notify MEC of any change of address of the voice enabled advanced equipment for
- 911/E911 calling service to work properly. Customer agrees that, to the maximum extent allowed by law MEC shall have no liability for any damages caused, directly or indirectly, by Customer’s inability to access the Services, including the MEC Phone and 911/E911 services. Customer agrees to defend, indemnify, and hold harmless MEC, its officers, directors, employees, affiliates and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or
- any third party or user of account relating to the absence, failure or outage of the Service, including
- 911 dialing and/or inability of Customer or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel.
- INTERNET ACCESS SPEEDS. The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between MEC facilities and the network interface device at Customer premise. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer receives and sends internet access data through the public internet as such speeds are impacted by many factors beyond control of MEC. Actual internet speeds vary due to many factors including the capacity or performance of computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which Customer is communicating, congestion on the network and the general speed of the public internet. The actual speed may affect Customer on-line experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, MEC reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service customers.
- INTERNET USE. Customer understands that use of Services is subject to MEC Acceptable Internet Use Policy, which may be amended from time to time. Policy can be found at online at teammidwest.com or by contacting MEC. Customer assumes all responsibility and liability for the security of information on personal devices, including but not limited to computer, information transmitted or received through the Services. MEC assumes no responsibility and disclaims any liability for the security of any information on Customer personal devices, or the security or accuracy of any information or data transmitted or received through the Services. MEC has no responsibility and disclaims any liability for unauthorized access by third persons to Customer personal devices, files, or data or any loss or destruction of files or data.
- TROUBLESHOOTING. Please contact our tech support 24/7 for service issues at 800.492.5989.
- COMPLIANCE WITH AGREEMENT. MEC reserves the right to suspend performance or terminate Services for the breach of any of these Terms and Conditions or policies related to the Services.
Updated Jan. 2020