SUBSCRIBER AGREEMENT

This Subscriber Agreement, the attached Terms of Service and our Acceptable Use Policy are an agreement between you and NewDawn Fiber. They contain important information about your rights and responsibilities. 

THIS IS A CONTRACT.  PLEASE READ THESE TERMS CAREFULLY. THIS CONTRACT REQUIRES THE USE OF ARBITRATION AND CONTAINS A JURY TRIAL WAIVER.  IT ALSO LIMITS YOUR REMEDIES IF THERE IS A DISPUTE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE THE CONTRACT.

By signing below, you agree to pay for the Services you receive from us and you agree to abide by the Terms of Service.

Please choose one of the following options:

_____ I agree to pay for the Services in advance each month for at least 12 months from the date when my Services are installed. In exchange for this commitment, I understand that I will be charged $20 a month for an Installation Fee. I understand that the Installation Fee is $250 plus $50 for each additional TV or room receiving Service. I understand that if I discontinue the Services before the end of my 12-month commitment, I will pay a portion of my Installation Fee, based on the following calculation:  $50 + 1/12 of $200 for any months remaining on my 12-month commitment and 1/12 of $50 for each additional TV or room receiving the Services for any months remaining on my 12-month commitment.

_____ I agree to pay for the Services in advance each month. I also agree to pay in advance an Installation Fee of $250 plus $50 for each additional TV or room that receives the Services. I understand that I may discontinue my Services at any time by giving NewDawn Fiber 30 days’ notice from the date of my last bill.

 

TERMS OF SERVICE

Definitions.

“We” or “us” or “our” refers to PowerComm Broadband, LLC, doing business as NewDawn Fiber.

“You” or “your” refers to the person or entity that is the customer of record.

“NewDawn Fiber Equipment” refers to the equipment provided to you by NewDawn Fiber in order for you to use the Services, including but not limited to all data transmission equipment, and drop and fiber optic material.

“Services" means NewDawn Fiber offers, rate plans, options, wireless services, billing services, applications, programs, equipment or products on your account with us.

 

Services.

You confirm that you are authorized and have the legal capacity to agree to these Terms of Service. You agree that the Services are for your personal, non-commercial use.

You agree to pay us for the Services at the prices and charges listed on the NewDawn Fiber website at www.newdawnfiber.com.

You cannot assign or transfer the Services to anyone else without our written consent.

 

Relocating your Services.

If you wish to relocate your Services, we will charge you $150 in advance to have the Services installed at your new location. The price for Services at the new location may be higher and you agree to pay the difference.

 

Charges and Billing.

The bill for your Services will include taxes, fees, surcharges, assessments or other charges.  The taxes and surcharges will be in amounts that the federal, state and local authorities require us to bill you. Unless required by law, we do not need to notify you in advance of any changes to taxes and surcharges.

We will bill you monthly in advance.  It may initially take up to 3 billing cycles for all charges for your Services to appear on your bill. After that, your bill will include all charges for one month’s worth of Services.

Payment for your Services is due 10 days after the date on your bill.

If you do not pay the full amount when due or if you pay late, we have the right to collect the full amount due (including any late fees) even if you write “Paid in Full” or similar words on any communication to us.

If you do not pay your bill within 15 days of the due date, we will charge you a late fee of $15.00 on any past due amounts.

If you do not pay your bill within 30 days of the due date, your account will be delinquent. 

If you do not pay your bill within 45 days of the due date, we have the right to discontinue your Services.

You must bring any billing errors to our attention within 30 days of the date of the bill or you will not be eligible to receive a refund or credit for the error.

If you pay by credit or debit card, you authorize the issuer of the credit or debit card to pay the amount due listed on your bill without requiring you to sign a receipt. You authorize us or any other company who bills our Services for us to continue to attempt to charge your credit or debit card or place holds on your credit or debit card until such amounts are paid in full. You agree to provide us with updated credit or debit card information upon our request any time the information you previously provided is no longer valid. You acknowledge and agree that we are not liable for any non-sufficient funds or other charges incurred by you as a result of attempts to charge or place holds on your credit or debit card. If you mistakenly give us a debit card number instead of a credit card number, you authorize us to charge your debit card for the amount due listed on your bill until you provide us a credit card number.

If your check is returned for non-sufficient funds or if your payment card issuer or bank refuses to pay us any amounts that you have previously authorized us to charge to your account, we will charge you a fee of $25.00.

We may change the prices and charges for the Services from time to time. We will give you 30 days’ notice of the change. Price increases are effective when we post them on our website at www.newdawnfiber.com.

 

Cancelling or Discontinuing Your Services.

You may cancel your Services at any time by calling the customer service number on your bill.

You agree not to use the Services or NewDawn Fiber Equipment for any abusive, fraudulent or unlawful purposes. If we think that you are abusing the Services or using the Services or NewDawn Fiber Equipment for fraudulent or unlawful purposes or you are otherwise violating these Terms of Service, we can immediately discontinue your Services without notice.  If we have to comply with any order or request of a governmental authority, we may also discontinue your Services without notice.

If you do not pay your bill within 15 days of the due date, we will first notify you and then we can discontinue your Services if you have not paid your bill within 45 days of the due date  You will still be responsible for paying any late fees or other charges.

If we discontinue your Services, you must pay any charges through the date that the Services are discontinued.  You must return all NewDawn Fiber Equipment to us within 10 days of the date when Services are discontinued.  If you do not return the equipment by that date, you agree to give us access to your premises to retrieve the equipment. You must also reimburse us for any reasonable costs we incur to collect the charges you owe us, including attorneys’ fees.

If you want to receive Services again after we have discontinued them for non-payment, you must pay a $50 fee to restore the Services and you must pay any unpaid balances.

If your Services are cancelled or discontinued, E911 service will not operate.

 

NewDawn Fiber Equipment.

We will install the NewDawn Fiber Equipment that we determine is needed for you to access your Services. We will maintain NewDawn Fiber Equipment in good operating condition, but only if you notify us when repairs are needed so that we can perform the required maintenance. We will determine whether NewDawn Fiber Equipment should be repaired or replaced. We will not install, service or replace any equipment or software that you own.

You agree to use NewDawn Fiber Equipment only for receiving the Services. You will use NewDawn Fiber Equipment in accordance with these Terms of Service and applicable law. You will not sell, disconnect, abandon, remove, relocate, repair, tamper or otherwise interfere with or encumber any NewDawn Fiber Equipment without our consent. You are responsible for any damage, loss or improper use of NewDawn Fiber Equipment on your premises and in your possession.  You will return all NewDawn Fiber Equipment to us in good condition, except for ordinary wear and tear, within 10 days of termination of your Services. If you do not return the NewDawn Fiber Equipment to us within 10 days or if the NewDawn Fiber Equipment is damaged or encumbered, you will pay us our reasonable estimate of the replacement cost for the NewDawn Fiber Equipment.

 

Access to Your Premises.

You will be present and you will allow us to enter your premises to install, maintain or replace NewDawn Fiber Equipment. If needed, you will get permission from building owners, managers, government authorities or other third parties to allow us access to your premises.   You will be responsible for paying any claims of these third parties if you do not get proper permission.  If you want to authorize an adult (over the age of 18) to give us access to your premises in your absence for service calls, you must notify us when you sign up for Services. If you or someone you have authorized is not present for a service call or if the premises are not accessible to us or if you postpone installation without giving us 24 hours’ notice, we can assess you a “Customer Missed Appointment” trip charge of $50.

 

Programming.

We may change the channel lineup or preempt specific programs that have previously been advertised as available.  You will not rebroadcast, transmit, record, perform or charge admission to view or listen to any programming made available through the Services unless you obtain and pay for the appropriate public performance license.

 

Battery Backup Device.

Your Services are delivered over a broadband connection, which is electrically powered.  If your power is interrupted, you may not be able to use the internet or make or receive phone calls, or use 911, home security or medical monitoring services.  You may purchase from us a battery backup device to help maintain your Services during a power interruption.  We will replace batteries for your battery backup device when we determine they are needed.

 

Home Security and Medical Monitoring Systems.

If you use a home security or medical monitoring system, you are responsible for making sure that the system works properly with our Services and for the cost of doing so.  You should contact your home security or medical monitoring system to determine whether our Services are compatible and to test the system’s operation with our Services.

 

E911.

E911 service is associated with the physical address you give us when you sign up for Services. If you move the location where you receive Services, you must register your new address or E911 service will not operate properly. If there is a power interruption, you may need to call customer service to have the NewDawn Fiber Equipment reset or reconfigured in order to continue using your Services, including E911 service. If your internet connection is disrupted, your internet Services, including E911 service, will not operate until the internet connection is restored.

We use a third party to route 911-dialed calls to applicable local emergency response centers or national emergency calling centers.  We make no warranties or guarantees about whether or how 911-dialed calls are answered or handled by emergency response or emergency calling centers. We are not responsible if the third party uses incorrect information or makes other errors in routing a 911-dialed call. You agree to hold us harmless, release us from and reimburse us for any claim, loss or damage (including reasonable attorneys’ fees) arising from or relating to E911 services, including but not limited to operating, failing to operate, incorrectly routing, using, accessing, or the inability to use or access, the E911 service or any emergency service personnel unless the claim, damage or loss was caused by our gross negligence or willful misconduct.

Note that there may be more network congestion or reduced speed in routing 911-dialed calls using our Services compared to traditional 911-dialed calls over traditional public telephone landline networks.

 

Indemnification.

You agree that we are not responsible for any third-party claims against us that arise from your use of the Services.  You also agree to reimburse us for all costs and expenses related to our defense of such claims, including our attorneys’ fees, unless such claims are based on our willful misconduct or gross negligence. 

This provision will continue to apply after the agreement ends.

 

LIMITATION OF WARRANTIES.

THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND WE DO NOT AUTHORIZE ANYONE ELSE, TO WARRANT ON OUR BEHALF, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS, EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. WE DO NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXCLUDED AND DISCLAIMED.

This provision will continue to apply after the agreement ends.

 

LIMITATION OF LIABILITY.

THE SERVICES AND THE COMMUNICATIONS YOU SEND AND RECEIVE MAY NOT BE SECURE. YOU ARE RESPONSIBLE FOR MAKING SURE THAT YOUR COMMUNICATIONS AND DATA ARE SECURE. WE ARE NOT RESPONSIBLE IF A THIRD PARTY GAINS ACCESS TO THE SERVICES OR TO YOUR COMMUNCATIONS OR DATA.

WE ARE NOT LIABLE FOR DAMAGES FOR FAILING TO FURNISH, OR DEGRADING OR INTERRUPTING ANY SERVICES (INCLUDING E911 SERVICE); FOR ANY LOST DATA OR CONTENT; IDENTITY THEFT; OR FOR ANY DAMAGE TO FILES OR SOFTWARE, REGARDLESS OF CAUSE. WE ARE NOT LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM INSTALLING, MAINTAINING OR REMOVING EQUIPMENT, WIRING OR THE PROVISION OF SERVICES, EVEN IF THE DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A NEWDAWN FIBER INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE. WE ARE NOT LIABLE FOR CAUSES BEYOND OUR CONTROL, INCLUDING ACTS OF GOD (SUCH AS WEATHER-RELATED EVENTS, FIRE, EARTHQUAKE, HURRICANE, ETC.), RIOT, STRIKE, WAR, TERRORISM OR GOVERNMENT ORDERS OR ACTS. WE ARE ALSO NOT LIABLE FOR FAILING TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACTS OF A THIRD PARTY.

FOR ALL CLAIMS, WE ARE NOT LIABLE FOR INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, COSTS OF OPERATION OR COST OF REPLACEMENT PRODUCTS OR SERVICES.    THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

This provision will continue to apply after the agreement ends.

 

GOVERNING LAW.

These Terms of Service are governed by the internal laws of the State of Missouri without regard to its conflicts of law provisions, the regulatory agencies with jurisdiction over the location where you receive Services and the NewDawn Fiber tariffs filed with the Missouri Corporation Commission.

This provision will continue to apply after the agreement ends.

 

DISPUTE RESOLUTION.

We hope that most customer concerns can be resolved through our customer service department. But if your concern is not resolved to your satisfaction, we agree (unless you decide to opt out) to submit the dispute to the American Arbitration Association for resolution before a single arbitrator. Instead of arbitration, If the rules permit, you can take your claim to your local “small claims” court. But if you make your claim in small claims court, you waive discovery in that proceeding.  In other words, you agree not to depose us or ask us to produce documents (unless local law prohibits such a waiver).

We both agree that we will only bring claims on our own behalf and not on behalf of any other person or class of people. We also both agree that only bring claims for money damages will be submitted to arbitration. Any claim for injunctive relief (except claims relating to whether arbitration is appropriate) must be brought in a court. We both agree not to combine a claim that is subject to arbitration with a claim that is not eligible for arbitration.

If either of us pursues arbitration, we agree that discovery will be limited to a reasonable exchange of documents and will not include other electronic collection protocols or depositions, except that if the arbitrator decides that depositions are appropriate, we will each be limited to taking three depositions and each deposition will not last more than five hours. The arbitrator will issue a reasoned, written decision in writing.  We also agree that the arbitrator will have no authority to award damages beyond actual damages.

We will share the cost of the arbitration proceedings and each of us will be responsible for our own attorneys’ fees and costs.

You may opt out of this arbitration provision by giving us written notice of your decision within thirty days of signing up for Service. 

IF THE ARBITRATION PROVISION IS HELD TO BE UNENFORCEABLE OR IF YOU OPT OUR OF ARBITATION, THEN WE BOTH EXPRESSLY AND KNOWINGLY waive OUR right to a jury trial.  tHIS MEANS THAT A JUDGE RATHER THAN A JURY WILL LISTEN TO OUR CLAIMS AND DECIDE THE ISSUES. WE EACH Confirm THAT WE HAVE CONSIDERED and UNDERSTAND THE IMPLICATIONS OF THIS WAIVER and MAKE THIS WAIVER VOLUNTARILY.

This provision will continue to apply after the agreement ends.

 

Notices.

You may send us notices by email at info@newdawnfiber.com or in writing to P. O. Box 178, Excelsior Springs, MO 64024.

 

 

Changes to Terms of Service.

We may change the Terms of Service, including pricing, from time to time.  We will notify you of these changes by one of the following methods, at our option: posting on our website (www.newdawnfiber.com),  communication in your bill, or email to the email address you have provided us. All changes will be effective on the date specified in the notice.

If you continue to use the Services after any changes to the prices, charges, terms or conditions, then you agree to those changes.

 

No Waiver.

We do not waive (in other words, give up) any rights under our agreement with you just because we have not previously enforced those rights.  If we waive a violation, it does not mean that we are giving up any other rights, including any rights for earlier or later violations.

 

Entire Agreement.

These Terms of Service, your Subscriber Agreement and any applicable tariffs, constitute the entire agreement between you and us relating to your Services.

 

Customer Name:
Signature:
Service Address:
Date:

 

Privacy Policy

NewDawn Fiber does not sell your information.
We take privacy very seriously and safeguard all information related to you and to your account.