Internet Access Services - Residential
Residence Fiber, LLC. (“Residence Fiber”) provides its residential Internet access services (the “Services”) on the condition that its customers (“Customers”) comply with the Customer Agreements listed below. These Customer Agreements contain important information regarding Customers’ rights and responsibilities.
Except for the Customer Service Order:
- Residence Fiber may amend the Customer Agreements from time to time in its sole discretion and without notice to Customers; and
- A current copy of all Customer Agreements will be maintained on the Website and may be accessed at any time.
The Customer Agreements include:
- These Terms and Conditions of Service (this “Agreement”)
- Customer Service Order(s)
- Acceptable Use Policy
- Privacy Policy
By signing (or otherwise accepting) a Customer Service Order or by using the Services, Customer agrees to be legally bound by the Customer Agreements.
This Agreement contains a binding arbitration clause requiring disputes to be resolved in individual arbitration.
Capitalized terms used in this Agreement are defined in Section 15.
Customer’s Financial Responsibilities
- (a)Payment Obligations
- (b)Billing and Late Payment
- Services may be suspended or disconnected 30 days after the invoice becomes overdue.
- Restoration of Services will require payment of the full outstanding balance owed.
- Residence Fiber may charge a reconnection or restoration fee, if applicable.
- (c)Suspension for Non-Payment or Violation
- (d)Credit Verification
- (e)Deposits
- (f)Authorization
- (g)No Obligation to Match Offers
- (h)Billing Disputes
- (i)Taxes and Regulatory Charges
- (j)Accord and Satisfaction
- (k)Card Updates
- (l)Manager-Paid Services
Customer’s Responsibilities Regarding Equipment
- (a) Customer will allow Residence Fiber access to premises to install, maintain, inspect upgrade, replace or remove Equipment.
- (b) Equipment (except Equipment purchased by Customer) remains property of Residence Fiber and is not a fixture of Customer’s premises.
- (c) Customer is responsible for cosmetic repairs following installation or removal unless damage is caused by Residence Fiber.
- (d) Residence Fiber may update Equipment and Software remotely. Residence Fiber is not responsible for Customer Owned Equipment functionality.
- (e) Customer may not relocate Equipment or remove identifying labels.
- (f) Upon termination, Customer must return Equipment in good condition. If not returned, Residence Fiber may retrieve it at Customer’s expense.
- (g) If Equipment is lost, stolen or damaged, Customer must reimburse Residence Fiber as liquidated damages.
- (h) Ownership of Equipment remains with Residence Fiber at all times.
Permissible Use of Services and Equipment
- Services are for personal, non-commercial use only.
- Customer may not resell Services.
- Customer must prevent unauthorized access.
- Only Residence Fiber may service Equipment.
- Software is licensed, not sold.
- Intellectual property remains property of Residence Fiber.
Specific Services Information, Rights, and Obligations
- Residence Fiber may manage its network (see Network Management Disclosure at www.residencefiber.com).
- Customer grants Residence Fiber necessary rights to transmit posted materials.
- Customer agrees to indemnify Residence Fiber against claims arising from misuse.
Objectionable Material
Credits for Service Problems
- Residence Fiber may charge for service calls.
- If total outage exceeds 24 consecutive hours due to causes within Residence Fiber’s control, Customer may request credit within 30 days.
- No credit for events beyond reasonable control.
- Credit is Customer’s sole and exclusive remedy unless prohibited by law.
Changes to Customer Agreements
Enforcement
LIMITATIONS ON SERVICES AND LIABILITY
Customer Privacy Rights and Obligations
Customer Consent to Phone and Email Contact
Electronic Notices
Limit on Time to Bring Legal Action
Binding Arbitration
- No class actions
- No jury trial
- Arbitration survives termination
Definitions
- (a) "Customer Owned Equipment” means (i) the microduct, in-home telecommunications wiring (such as fiber cable, category wiring [Cat5, Cat6, etc.], Ethernet wiring, cross-connects, etc.), and network panels/enclosures located within Customer’s premises intended as fixtures; and (ii) any devices or equipment acquired from a party other than Residence Fiber used with the Services.
- (b) “Dispute” means any dispute, claim, or controversy between Residence Fiber and Customer regarding any aspect of the Services, Equipment, Software, or the parties’ relationship.
- (c) “Equipment” means hardware, software, equipment and facilities provided by Residence Fiber located on Customer’s property utilized in connection with providing Services, excluding Customer Owned Equipment.
- (d) “Residence Fiber” means Residence Fiber, LLC. and its subsidiaries and affiliates.
- (e) “including” or “include(s)” means inclusion without limitation.
- (f) “Manager(s)” means any apartment owner, property manager, homeowners’ association, condominium association, or similar entity that pays Residence Fiber directly for Services provided to Customer.
- (g) “Section” means an entire section of this Agreement, including all subsections.
- (h) “Software” means software provided by Residence Fiber or its licensors in connection with the Services.
- (i) “Website” means www.residencefiber.com.
Term; Termination of Services
- Cease use immediately
- Pay all outstanding balances
- Return Equipment
Rights of Third Parties
Conflicts with Law
Conflicts Between Agreements
- Privacy Policy
- Acceptable Use Policy
- These Terms
- Customer Service Order
Customer must pay for the Services in accordance with Residence Fiber’s then-current billing practices, including installation charges and applicable taxes, fees and surcharges.
Residence Fiber charges for Services monthly, in advance.
If Customer fails to pay any invoice in full by its due date:
Residence Fiber may suspend or terminate Services for non-payment or violation of any Customer Agreement.
Residence Fiber may verify Customer’s credit standing.
Residence Fiber may require a deposit or other guaranteed form of payment and may apply such deposit toward unpaid balances.
Customer authorizes Residence Fiber to accept and charge orders or requests made through Customer’s Services account or from Customer’s location.
Residence Fiber is not required to notify Customer of offers available to others or reduce Customer’s rates to match such offers.
Customer must report billing errors within 30 days of invoice date or waives the right to a refund or credit.
Residence Fiber has discretion in determining applicable taxes, fees and surcharges.
Customer waives refund claims for fees paid to governmental authorities.
Customer may not settle amounts owed by marking payments as “paid in full” or similar language
Customer authorizes Residence Fiber to update payment expiration dates provided by card issuers.
If Services are paid by a Manager (e.g., property owner or association), Customer remains obligated to such Manager under their separate agreement.
Services provide unfiltered Internet access. Customer is responsible for monitoring content access.
Residence Fiber may amend agreements or pricing. Continued use constitutes acceptance.
Residence Fiber may suspend or terminate Services for violations without notice.
Services are provided “AS IS” and “AS AVAILABLE.”
Residence Fiber disclaims all warranties to the maximum extent permitted by law.
Residence Fiber is not liable for indirect, special, punitive, exemplary, or consequential damages, including loss of profits or data.
Maximum liability is limited to the monthly service fee for the month in which damages occur.
Customer information is governed by Residence Fiber’s Privacy Policy and applicable law.
Customer consents to calls, texts, and emails (including marketing), unless opting out by contacting:
info@residencefiber.com
+1 646 751 8850
Customer consents to electronic delivery of notices.
Customer waives the right to bring claims more than one year after relevant events.
Disputes shall be resolved through binding arbitration in New York under American Arbitration Association rules.
Customer may opt out within 30 days by emailing info@residencefiber.com.
Residence Fiber may terminate Services for violations, non-payment, or legal concerns.
Customer must:
Certain provisions survive termination (payment, indemnification, limitations, arbitration).
Customer may not assign Services without consent. Residence Fiber may use contractors. Agreements benefit only Residence Fiber and Customer.
Applicable law governs if inconsistent with Agreement terms.
Order of precedence: