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General Terms of Service

  1. Billing and Collections

    1. For all charges, including installation charges and taxes, if applicable, F2W will (i) bill the Customer’s credit card or (ii) send Customer an invoice. The first charge for Service will include: (1) the total charges for the following month, and (2) the installation charges, as applicable. Monthly recurring Service charges shall commence on the Service Activation Date, and shall be billed in advance of Service for months following the first month of service. Invoices are due and payable in full upon receipt. If any portion of payment is received after the late payment date, a monthly late charge may be charged to Customer as liquidated damages. The monthly late charge will be 1.5% of the entire outstanding balance for each month or portion thereof (18% per annum) for which the balance remains. Disconnection of service due to non payment may have a reconnect fee of one month service or $50 which ever is less.

    2. In the event Customer fails to pay charges billed from F2W, or its billing agent, or F2W is unable to bill Customer, F2W reserves the right to bill outstanding sums in any of the alternative methods identified in paragraph 1A. Any disputes regarding billing shall be resolved in accordance with section 11.

  1. Interruption of Service

Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the Service. F2W agrees to exercise reasonable care to prevent such occurrences. Customer further understands and agrees that F2W has no control over third party networks.

  1. Limitation of Liability

    1. F2W shall make reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to Customer. In no event shall F2W be liable to Customer or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement services.

    2. F2W’s liability for damages for interruptions of Services, or for mistakes, omissions, delays, errors and defects in the provision of the Services, shall in no event exceed an amount equal to the prorate charges to Customer for the period during which the Services are affected.

    3. F2W makes no warranty that the service will meet customer’s requirements or that the service will be uninterrupted, timely, secure or error free; nor does F2W make any warranty as to the accuracy or reliability of any information obtained through the service. Customer understands and agrees that any material and/or data downloaded, or otherwise obtained, through the use of the service, is done at the customer’s own risk, and that customer will be solely responsible for any damage to customer’s computer system or loss of data which results from the download of such material and/or data.

    4. F2W makes no warranty regarding any transactions executed through the service, and customer understands and agrees that such transactions are conducted entirely at customer’s own risk.

  1. Cancellation and Termination

    1. In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes F2W to believe that this Agreement may be in conflict with such rules, regulations or orders, the Customer shall either agree to modify this Agreement to conform to the terms of such rules, regulations or orders, or F2W may terminate this Agreement without liability.

    2. Customer may terminate the service set forth in this contract upon thirty days’ prior written notice to F2W during or after the contract matures. However, upon termination, Customer shall pay any applicable cancellation charges as set forth in subpart D of this paragraph. Customer shall not be bound to cancellation charges if F2W is in default of services within the definition of this agreement or after the contract matures.

    3. If Customer fails to pay any charge when due, including but not limited to installation charges or taxes, or if Customer fails to perform or observe any other material term or condition of this Agreement, or if Customer provides false or inaccurate information which is required for the provision of the Service or that which is necessary to allow F2W to bill Customer for the Service, and such condition continues unremedied for thirty days from the date written notice is given, Customer shall be in default and F2W may terminate this Agreement. Upon such termination by F2W, Customer shall be liable for any applicable charges, including a Cancellation Charge, and all equipment will be scheduled to be removed.

    4. A Cancellation Charge for early termination of Services will be applied to the final bill and be the sum of the remaining unbilled term of the Service.

    5. Refunds/Cancellations are handled case by case.  For questions or concerns please contact us at 209-543-1800 or billing@fire2wire.com.

  1. Assignment and Subcontracting

    1. F2W may, at any time, assign its rights and delegate its duties under this Agreement. The assigning party shall give written notice of any such assignment.

    2. F2W may subcontract any or all of the work and duties to be performed under this Agreement, but shall retain responsibility for the work subcontracted.

  1. Governing Law

This Agreement shall be construed in accordance with the laws of the State of California.

  1. Modification of Terms and Conditions

No amendment of this Agreement shall be valid unless in writing and duly executed by both parties.

  1. Force Majeure

Neither F2W nor Customer shall be responsible for damages and/or delays and/or failures in performance resulting from acts and/or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

  1. Use Limitations

    1. Customer agrees to comply with the rules, regulations and policies, including but not limited to, F2W's Acceptable Use Policy (located at “http://www.fire2wire.com/aup”), all policies applicable to F2W and all policies applicable to any network that is accessed through F2W. Violation of any such rules, regulations and policies, or any attempt to break security or to access an account which does not belong to Customer, shall be liable for any applicable charges, including cancellation charges.

    2. Nothing contained in this Agreement may be construed to convey to Customer any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator or domain name used by Customer in connection with the Service.

    3. F2W reserves the right to suspend or terminate Service to the Customer, or suspend or terminate any user ID, electronic mail address, Universal Resource Locator or domain name used by Customer in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of F2W, its parent, affiliates and subsidiaries; or (v) interferes with other customers’ use and enjoyment of the Services provided by F2W.

    4. Customer understands and agrees that any attempt to break security, or to access an account which does not belong to Customer, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. Customer further agrees to immediately notify F2W of (i) any unauthorized use of Customer’s account and/or (ii) any breach, or attempted breach, of security known to Customer.

    5. Customer understands that all speeds advertised and delivered to customer are half duplex and burstable up to the speed chosen unless otherwise specified on the Service Agreement.

  1. General

    1. If any portion of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining portions shall remain in effect.

    2. If either party ever fails to enforce any right or remedy available to it under this Agreement, that failure shall not be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party.

    3. Customer agrees that the statute of limitations for the commencement of any arbitration proceedings against F2W in accordance with paragraph 11 shall be one (1) year from the date of the accrual of such claim or cause of action.

    4. Any terms which by their sense and context are intended to survive expiration or termination of this Agreement shall survive.

    5. This Agreement constitutes the entire agreement between the parties, and consists of the foregoing terms and conditions and the terms and conditions on the attachments to this Agreement, which are incorporated herein by this reference.

    6. Notices and other communications shall be transmitted in writing by U.S. Mail postage prepaid and shall be effective four days after the mailing date. To F2W: Fire2Wire P.O. Box 100 Hughson Ca. 95326.

  1. Binding Arbitration

Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this Lease shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect. The provisions of the Commercial Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration except that the arbitration hearing itself shall be conducted in Modesto, California. The prevailing party shall be awarded reasonable attorneys’ fees, expert and nonexpert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise. Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter. Any action to enforce the award or decision of the arbitrator shall be filed in the Superior Court of the State of California in and for the County of Stanislaus. In the event suit shall be brought by either party against the other in which this agreement is the subject of litigation, the party in whose favor final judgment shall be entered shall be entitled to have and recover of, and from the other, reasonable attorney’s fees, to be fixed by the court wherein such final judgment shall be entered.

 

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5462 Pirrone Road • Salida, California 95368 209-543-1800