Crazy Communications, LLC Customer Service Agreement
This Customer Service Agreement (hereinafter referred to as “Agreement”) sets forth the terms and conditions under which Crazy Communications, LLC, a Kansas limited liability company (“CC”) agrees to provide wireless internet service (“Service”) to its customer (“Customer”).
1. Supplemental Terms: The terms and conditions of this Agreement supplement any contract between CC and Customer related to the delivery of the Service, whether entered into or executed in writing or via electronic signature. To the extent the terms of this Agreement conflict with the terms of CC and Customer’s agreement for the Service, the terms of this Agreement will be subordinate and will not govern the subject matter.
2. Payment Terms; Service Period and Renewal; Rate Change: All charges by CC to Customer are due in advance of the Service provided by CC. Service will begin, and the terms and conditions of this Agreement will become effective upon installation of the necessary equipment needed to deliver the Service, and confirmation by CC or an authorized third-party installer (“Authorized Provider”) that the installed equipment is operational; provided that Customer shall have paid in full the first month’s charge and all related costs thereto for the Service, any installation costs, equipment charges and activation fees related to the Service. Unless otherwise agreed in writing, the Service requires a minimum term of no less than six (6) months, payable on a month-to-month basis. This Agreement and any contract between CC and Customer for the delivery of the Service shall automatically renew for additional six (6) month terms at the end of the then existing term, unless either party provides written notice to the other of termination of this Agreement prior to the then existing term, or the parties agree in writing to a different term. Customer agrees to pay CC all charges associated with the Service that Customer incurs, including all installation, activation, repair, cancellation, and termination fees from CC and any Authorized Provider; equipment fees; data usage, excess usage, and extraordinary fees related to the Service; any all federal, state, and local taxes, franchise fees and other fees, tariffs, or levies assessed by any governmental entity which are related to the Service. All payments must be made in United States currency and payable in one of the following forms: (i) mailing payment to the bill payment address listed on Customer’s monthly bill; (ii) automated electronic drafts from Customer’s checking account; (iii) delivering cash, a check or money order payable to CC at CC’s home office; (iv) providing a credit or debit card payment to a CC representative via telephone or internet; or (v) automated payment by debit or credit card. Any notations or restrictions on checks or other instruments such as “paid in full” will have no legal or binding effect as to the settlement of Customer’s account or balance due. If Customer uses a credit or debit card to pay for any charges, taxes, fees or surcharges, Customer acknowledges that use of the card is governed by the card issuer agreement, and Customer must refer to that agreement for Customer’s rights and liabilities as a cardholder. If CC does not receive payment from any financial institution or credit card issuer, Customer shall pay all amounts due upon demand. CC may change Customer’s rates or charges for the Service upon the beginning of any new term, with or without notice to Customer. The current speeds, rates, caps, equipment costs, and other terms and conditions as of the date of this Agreement are attached hereto as Exhibit “A” and incorporated by reference, and are subject to change at CC’s discretion. Speeds are estimates. Actual speeds may vary based on a number of factors. Promotional or temporary rates will cease upon the end of such promotional or temporary term, and the then-current regular retail rate for the Service will apply.
3. Failure to Pay Charges or Honor Agreement; Termination; Late Payment: Customer’s failure to make any payment when due or failure to honor any term or condition of this Agreement may result in immediate termination of the Service, disabling of the equipment used in delivery of the Service, and/or termination of this Agreement at the discretion of CC. Any future renewal of the Service after termination occurs may require Customer to pay a new installation, activation, or other service fee. Termination of this Agreement by Customer prior to the expiration of then existing term for delivery of the Service will result in a termination fee being assessed to and immediately due and owed by Customer (“Early Termination Fee”). The Early Termination Fee shall be equal to the number of calendar months remaining on Customer’s then existing term of this Agreement, multiplied by Twenty dollars ($20.00), plus an additional Twenty Dollars ($20.00) prorated over a Thirty-day (30) period for any partial calendar month included within the remaining term of this Agreement. CC may, in its sole discretion, waive the Early Termination Fee upon Customer’s death if Customer’s successor in interest notifies CC of Customer’s death and a desire to terminate the Service. If Customer gives notice of termination, CC will have up to five (5) business days to effect the termination, which days shall be included in Customer’s final bill. Failure to make full payment for the Service when due may result in CC’s assessment of a late charge or interest on the past due amount(s). Customer agrees that Customer shall pay to CC the reasonable costs of collection associated with any collection activity by CC or its agents, including, but not limited to, collection agency fees, attorneys’ fees and court costs, interest at the highest rate permissible under applicable law, and other costs of collection. If payment by check or other instrument is returned due to insufficient funds, payment via credit card is denied, or an electronic funds transfer is denied due to insufficient funds, or a closed account, CC may make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of $25.00 or up to the maximum amount allowed by law.
4. Restrictions on Use of Service: Customer agrees that the Service will be used solely upon Customer’s residential property, exclusively for personal, non-commercial uses, unless Customer receives the express written consent from CC for other uses. Customer will not rebroadcast, retransmit, redistribute or otherwise disseminate the Service to any other person for any reason whatsoever. Customer agrees not to use the Service in any manner which would: (i) violate any applicable law (ii) adversely interfere with CC’s business; (iii) allow Customer to avoid payment for the Service, or allow a third-party who is not a guest in Customer’s residence to avoid payment for the Service (i.e., allowing a neighbor to use the Service at times when the neighbor is not an invitee at Customer’s residence); (iv) infringe upon the intellectual property or other rights of any third party including copying, modifying, reverse engineering, uploading, downloading or reselling any content or media; (v) send content or messages or otherwise engage in communications that are abusive, obscene, lewd, lascivious, excessively violent, illegal, fraudulent, threatening, defamatory or an invasion of privacy; (vi) be characterized as telemarketing, spamming or other unsolicited communications as part of a commercial enterprise; (vii) intercept a third party’s communications; (viii) generate or spread any virus, worm or malicious code; (ix) automate connections that allow web broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing; (x) permit networking hacking and “denial of service” attacks; (xi) allow unauthorized software or devices to maintain continuous active internet connection when the connection would otherwise have entered idle mode; or (xii) permit Customer to engage in any other abusive, fraudulent, or disruptive scheme. Customer shall take reasonable precaution to ensure all users of the Service abide by the terms of this Agreement, and Customer shall be responsible for any violation hereof which arises from unauthorized use or access to the Service. In the event CC determines Customer has violated the terms hereof, CC may, without notice, suspend, restrict access to, or terminate the Service.
5. Installation; Access/Alteration to Customer Premises: Unless Customer opts to install its own equipment under the terms of Paragraph 6 below, CC or an Authorized Provider will install all equipment and devices necessary to allow wireless residential internet services at the Customer’s residence. Customer agrees to allow CC, Authorized Providers, and their respective agents, successors and assigns uninterrupted access to Customer’s premises during CC’s normal business hours, and each such person or entity has the express permission of Customer to drill, bore, perforate, trench, or otherwise physically alter, whether temporarily or permanently, Customer’s property to properly install the equipment necessary for CC to deliver the Service to Customer. If Customer is unavailable for consultation during any installation, maintenance, repair or replacement of equipment, Customer hereby authorizes CC or any Authorized Provider to utilize its best judgment in minimizing physical alterations and preserving the aesthetics of Customer’s property should physical alterations during installation of the equipment be required as determined by CC or any Authorized Provider. Customer warrants that Customer has authorized CC or any Authorized Provider access upon Customer’s premises, has complied with all local, state and federal regulations governing the permitting and installation of the equipment, if any, and has notified CC, in writing, of any special installation instructions, including any dangerous attribute located at or upon Customer’s premises. Customer agrees that CC shall not be liable for damages or loss due to water intrusion, mold, fungi, wet or dry rot or bacteria. Customer is responsible for payment of any charges assessed by CC or any Authorized Provider for all installation, maintenance, inspection, repair or removal of any equipment related to the Service. Upon termination of this Agreement, all equipment supplied by CC or any Authorized Provider shall be returned by Customer, and Customer shall permit CC or any Authorized Provider reasonable access to Customer’s premises for the purpose of deactivating the Service and retrieving any equipment. If, prior to the end of the term of this Agreement, Customer changes residence and wishes to retain the Service at Customer’s new residence, then, provided the Service may be supplied at Customer’s new residence, the term of this Agreement may be continued at Customer’s new residence, subject to CC or an Authorized Provider’s charge for installation at Customer’s new residence.
6. Customer-supplied Equipment; Installation: If Customer supplies any equipment used in or related to the delivery of the Service (“Customer Equipment”), then Customer represents and warrants the following: (i) Customer is either the owner of the Customer Equipment or has the authority to give CC or any Authorized Provider access to the Customer Equipment. If Customer is not the owner of the Customer Equipment, then Customer is responsible for obtaining any necessary approval from the owner to allow CC or any Authorized Provider access to the Customer Equipment. Customer Equipment is Customer’s sole responsibility to maintain, repair and upgrade, and Customer agrees to allow CC and any Authorized Provider the right and access to insert necessary hardware in the Customer Equipment, send, upload, and install software, firmware, and/or other programs to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment, as necessary for optimum delivery of the Service. Customer releases CC from any responsibility or liability related to or arising from Customer’s use of Customer Equipment for any aspect of the delivery of the Service. Customer may request to purchase the required equipment from CC and install such equipment, or install Customer’s own equipment, without the assistance of CC or an Authorized Provider. If Customer opts to purchase and install the equipment from CC, or install Customer’s own equipment, then the term of Service shall commence upon the date of the sale of the equipment by CC to Customer, or, for Customer-supplied equipment, upon Customer’s notification to CC of the installation being completed. Customer will notify CC within 24 hours of completing the installation.
7. Personal Information; Disclosure; Recordings; Credit Check: Customer acknowledges CC’s ability and intention to collect information about Customer’s use of the Service, including, but not limited to, Customer data usage, internet and video usage, cookies, location information, and other similar data. CC may use such information and data internally for CC’s business purpose; however, CC retains the right to collect, use, and disclose such information in a different manner. Prior to a change in CC’s policy regarding information and data related to a Customer’s use of the Service, Customer will be notified in writing and such change will be subject to any applicable law. Notwithstanding anything herein to the contrary, CC may disclose information and data related to Customer’s use of the Service in accordance with any valid subpoena or court order, or, if CC determines that disclosure is in the public’s best interest, to investigating authorities. Customer specifically consents to CC’s recording phone conversations between Customer and CC for quality assurance and internal business purposes. Customer consents to CC’s obtaining Customer’s credit report from one or more credit reporting bureaus.
8. Limited Liability; Indemnity; CC Not an Insurer: CUSTOMER AGREES THAT LIABILITY OF CC OR ITS MEMBERS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF THE TOTAL PRICE FOR THE SERVICE PAID BY CUSTOMER TO CC FOR THE THEN EXISTING AND TERM OF THIS AGREEMENT, AND UNDER NO CIRCUMSTANCE SHALL CC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE SERVICE. Customer agrees that this limitation of liability shall include, but not be limited to all loss or damage which may result from the failure of performance or operation or from defective performance or operation or from improper installation or servicing of any component related to the Service, and that the provisions of this paragraph shall apply if loss or damage, irrespective of cause or origin, results, directly or indirectly to persons or property from performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, of CC, its members, officers, employees or agents. Customer agrees to indemnify and hold CC, and its members, officers, employees, and agents harmless of and from any and all losses, costs, expense, claims, risks of loss, damages or liabilities of any kind or nature arising out of, incident to or resulting from any action taken by CC and for any liabilities or obligations incurred by CC on behalf of Customer while acting under the power and authority granted hereunder with respect to delivery of or otherwise arising from the Service. Customer agrees that CC is not an insurer against life, property damage or otherwise, and that Customer’s payment to CC for the Service, and any use of the Service by Customer in connection with ancillary products or services, including, but not limited to security systems, content streaming, telephonic or data transfer, or other uses, is unrelated to the value of Customer’s income, property, or property of others located on Customer’s premises. Customer agrees that compensation, remuneration or reimbursement for loss of life or property shall be solely and exclusively vested in Customer’s insurance providers, if any, and that Customer waives all rights of subrogation against CC for such losses and agrees to indemnify and hold CC harmless of and from such claim.
9. Interruption of Service; Force Majeure: CC assumes no liability for interruption or termination of the Service due to strikes, riots, floods, storms, earthquakes, fires, natural disasters, other weather conditions, power failures, insurrection, war; interruption, unavailability or inability to acquire or retain communication signal service; acts of God; high customer usage or traffic, Customer’s neglect or abuse of the equipment used in the delivery of the Service, including failure to repair or replace defective parts; or any other cause beyond the control of CC, and CC shall not be required to supply the Service to Customer while any such cause may continue. CC may schedule and interrupt the Service for purposes of maintenance, repair, inspection, replacement or other similar reason without prior notice to Customer.
10. No Warranty for Authorized Provider’s Workmanship; Maintenance; Disclaimer of Warranties: Except as described herein, Customer is responsible and may be required to pre-pay costs for any service fees, parts, labor, or other costs associated with and arising out of any installation, maintenance, repair, inspection or replacement of components related to the delivery of the Service, including, but not limited to such costs not covered by applicable manufacturer warranty. CC is not liable for and provides no warranty for costs attributed to repair and replacement of any equipment supplied or installed by an Authorized Provider or for any Customer Equipment that is not functioning because of a defect or ordinary wear and tear. CC or any Authorized Provider may use reconditioned parts, and CC provides no warranty on the service, repair or replacement of such replacement parts. Customer agrees that CC is not obligated to perform regular maintenance or service to any of the equipment installed by an Authorized Provider or any Customer Equipment. Customer understands and acknowledges that hard-wired components are designed to be connected to an electrical power source, and said components will not operate or transmit a signal if no power is provided. Customer understands and acknowledges that battery-powered system components are designed to operate with adequately charged batteries, and said components will not operate or transmit a signal if battery power is low or unavailable. Customer warrants that it will test and maintain any components related to delivery of the Service pursuant to manufacturer recommendations to ensure such components receive adequate power, care and maintenance. ALL WARRANTIES, EXPRESS OR IMPLIED ARE DISCLAIMED, AND, TO THE EXTENT ALLOWED BY LAW, CC MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer acknowledges that CC is not a manufacturer of components or parts used in the delivery of the Service, and any such manufacturer’s warranty is not a binding obligation or responsibility of CC. CC or its Authorized Providers may, in its sole discretion, assist Customer with repair or replacement of components or parts related to delivery of the Service and which are subject to a manufacturer’s warranty; provided, that Customer agrees and acknowledges that the costs of services provided by CC or its Authorized Providers shall remain the sole obligation and responsibility of Customer and may be subject to pre-payment at the discretion of CC or its Authorized Providers.
11. Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver: CC and Customer will arbitrate any and all claims, disputes, or controversies between CC and Customer, including any parents, subsidiaries, affiliates, officers, members, employees, or agents of CC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to this Agreement or any of the services provided under this Agreement, including, but not limited to amounts that CC charges Customer for services or products provided, any alleged breach related to the collection, retention or disclosure of Customer’s personal information, and any alleged violation of applicable privacy protections or laws. Arbitration will be binding and the arbitrator may award attorneys' fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by applicable law. Notwithstanding this agreement to arbitrate, any Dispute may be asserted in small claims court; provided, that the Dispute must qualify to be adjudicated within a small claims court's jurisdiction pursuant to Chapter 61 of Kansas Statutes Annotated, as amended. Venue for any Dispute brought in small claims court shall be the District Court of Ellsworth County, Kansas. All arbitrated Disputes will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. Any Dispute in small claims court will also apply such class action waiver. All arbitrations shall be conducted by the American Arbitration Association ("AAA") using the Commercial Arbitration Rules. The arbitration may be conducted in person or by telephone. If for any reason this arbitration agreement is found to be unenforceable, Customer hereby expressly WAIVES THE RIGHT TO TRIAL BY JURY. Notwithstanding anything herein to the contrary, prior to arbitrating or litigating in small claims court any dispute related to a charge or billing issue, Customer or CC may attempt to informally settle the dispute for sixty (60) days after the charge first appears on Customer’s bill.
12. Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas and shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. Paragraph headings used in this Agreement are for informational purposes and do not provide additional rights or remedies. Customer shall be barred from assigning the Agreement without prior written authorization by CC. Any provision of this Agreement declared illegal or unenforceable by any court of competent jurisdiction shall become void and the remainder of the Agreement and Addendum shall remain in full force and effect. This Agreement represents the complete understanding between CC and Customer and fully supersedes any and all prior negotiations and agreements between them.
Exhibit “A”
Summary of speeds, rates, caps, equipment costs, and other terms and conditions
Residential Plans
Basic Internet Plan
Subscription Cost: $49.99 per month
Download Rate: Up to 15 Mbps
Upload Rate: Up to 5 Mbps
Preferred Internet Plan
Subscription Cost: $74.99 per month
Download Rate: Up to 50 Mbps
Upload Rate: Up to 25 Mbps
Premium Internet Plan
Subscription Cost: $99.99 per month
Download Rate: Up to 100 Mbps
Upload Rate: Up to 25 Mbps
Data transfer rates are controlled by a variety of variables including, but not limited to, the following: Internet traffic, the remote server, customer’s computer, customer’s network, and Crazy Communications’ network. The wireless signal is also affected by a number of environmental and site-based variables that can adversely affect the maximum data transfer rate. Crazy Communications, LLC. is only responsible for the transfer rate within our network.
All Crazy Communications Residential Internet Plans include 1.5 TB (1536 GB) per month of data usage. 500 GB Additional Data Plans can be added for an additional monthly charge. Data usage in excess of plan may result in a $20 charge for up to 50 GB of additional data and for each additional 50 GB block. Unused data does not roll over. Static IP addresses are available starting at $7.50 per month.
All Crazy Communications Residential Internet Plans require a $199+tax installation charge for any homes without an existing device. Self-installation options are available upon request. For homes with an existing Crazy Communications device installed, a $25 connection fee will be required for new service.