Shawano Municipal Utilities

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SMU TELECOMMUNICATIONS SERVICES TERMS AND CONDITIONS 
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY 

 

These are the Terms and Conditions under which Shawano Municipal Utilities (SMU) will provide those Telephone, Cable TV and/or Internet Services (individually, in combination and collectively, the “Services”) that you (“Customer”) have requested, at the service address (“Premises”) identified on your Application for Services. Upon activation of service(s), SMU and Customer agree to be bound by this Agreement. The “Agreement” includes; these Terms and Conditions and the Application for Services signed by you. In addition, this “Agreement” includes the SMU Internet Acceptable Use Policy and the SMU Telephone Subscription Agreement, if applicable.

 

Use of Services. Services are furnished to you for your use only at the Premises. You may not resell, sublease or rent any Services to third parties. You may not use the Services for any unlawful, improper, harassing or abusive purpose or in such a way that interferes with SMU’s network, business operations, employees or customers. You understand and agree that you are responsible for any content that you post or transmit on or through the Services. You agree to use the Services in a manner consistent with all applicable local, state, national and international laws and regulations including, but not limited to, the Communications Act of 1934, Telecommunications Act of 1996 and all United States export control laws and regulations. Without limiting this Agreement, your use of Internet Services must comply with SMU’s “Acceptable Use Policy” as well as any terms imposed by SMU’s third-party providers of services, as set forth in Terms and Conditions at www.shawano.tv. You acknowledge and agree that SMU has no control over and is not responsible for any content or programming transmitted to you through the Services.

 

Equipment; System. Any on premises equipment provided by SMU (“Equipment”) and the SMU owned wires, cables, fiber and other equipment (the “System”) needed to provide the Services to you, shall remain SMU’s sole property. Title to the Equipment and the System shall remain with SMU at all times and you shall have no property rights or interest therein except as set forth in this Agreement. Under no circumstances may Customer move or relocate the Equipment for use at another Premise. You shall keep the Equipment and System in good condition and promptly return the Equipment to SMU within fourteen (14) days of the date of termination of this Agreement. You must notify SMU promptly of any Equipment or System failure or malfunction. SMU shall, at its sole cost and expense, replace or repair Equipment and the System, except that you shall be responsible for all costs incurred by SMU to repair or replace the Equipment and/or System if such repair or replacement is caused by your negligent or willful conduct. You agree that no other person besides SMU shall repair or replace the Equipment or System without the express written consent of SMU.

 

Access. You agree to allow SMU reasonable access to the Premises and grant, without fee, to SMU all easements and rights-of-way necessary to install, maintain, inspect, remove, repair and replace the Equipment and the System. In the event that Customer is not the owner of the Premises, Customer warrants that he/she/it has the consent of the owner of the Premises to grant SMU the reasonable access provided herein.

 

Term and Termination. Service(s) are offered on a month to month basis and shall commence on the date the Service(s) are activated by SMU (the “Effective Date”) and shall continue on a month to month basis until terminated by either party in a manner as provided in this Agreement. You may terminate this Agreement upon advance notice to SMU; termination shall be effective at the end of the month in which notice was received by SMU. You are purchasing Service(s) in full monthly increments, meaning that regardless of when you disconnect or discontinue using the Service(s), you will be responsible for the full monthly charges for the month in which your notice was given. All unpaid account balances and all additional charges, including but not limited to, unbilled or accrued charges and any prorated installation fee’s, if applicable will become immediately payable and due.  If you fail to perform any obligations of this Agreement including, without limitation, the obligation to make timely payments, SMU may terminate this Agreement or suspend Services upon notice to you. SMU may terminate Internet Services at any time, without notice to you, if SMU determines in its sole discretion that Customer or a user has violated SMU’s Acceptable Use Policy. SMU may terminate Cable TV Services at any time, without notice to you, if SMU determines in its sole discretion that the Customer has tampered with or abused Equipment and/or the System, the Premises wiring violates applicable Federal Communications Commission standards, or if termination is necessary to prevent theft of Services or is necessary to reduce or prevent signal leakage. SMU may terminate any of the Services at any time, without notice to you, in response to a court or government demand or as required by law. Upon the request of SMU, if the Customer fails to return in good condition any Equipment within fourteen (14) days of the date of termination (“Unreturned Equipment”), the Customer will be liable for Equipment replacement charges at the then current replacement cost (“Equipment Replacement Value”). Upon termination, SMU shall have the right but not the obligation to remove all or part of the System. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

 

Payment and Due Date. SMU shall bill Customer monthly in advance for the recurring monthly charges associated with all Services and Equipment and in arrears for all usage sensitive services (including, without limitation, long distance charges for minutes of use in excess of the amount included in any Service package, international long distance charges, advanced features and pay-per-view charges, etc). Customer is responsible for payment of all charges on the bill issued by SMU to Customer including, without limitation, taxes, regulatory cost recovery charges, surcharges and franchise fees. Taxes, regulatory cost recovery charge, 911, police and fire fees, surcharges and franchise fees are subject to change without notice. Customer agrees to make payment in full by the due date on the monthly bill. SMU may, at its discretion, accept partial payments, which will be applied to the oldest outstanding statement. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owed to SMU. Payments are late if not received by SMU by the due date. To the extent permitted by applicable law, SMU may charge a late fee of 3.0% for any amount not paid when due. SMU may charge a reasonable return check fee based on actual bank charges for a check returned for any reason by the bank unpaid. SMU may charge a reasonable administrative processing fee and actual costs incurred with respect to any authorized demand by SMU for payment of a bill from Customer’s designated financial institution which is rejected by said financial institution. Subject to applicable law, Customer agrees to reimburse SMU for its costs, including reasonable attorneys’ fees, collection fees and similar expenses incurred by SMU with respect to collection of payment (“Collection Costs”).

 

Installation Fees. SMU will waive the cost of labor, materials and equipment necessary to provide initial service(s) to your premises, but limited to the installation, equipment and labor to hookup service to your primary television and/or computer/router. Telephone service will be connected to the main Optical Network Terminal (ONT) and main tie in, but not to any other telephone circuitry or telephone. Labor, materials and equipment to provide services to additional televisions and/or Internet service at your premises will be at an additional cost to the customer. The customer, at their option may hire SMU, SMU’s contractor, if applicable or an independent non-SMU contractor. If an independent or non-SMU contractor is hired by the customer to do the work, SMU will not warrant their work, materials or the equipment used. If the customer elects to have additional cable TV and/or Internet service, the request must be made on the Application for Service or prior to the initial installation of service(s). If the requested additional hookups/connections are done on the initial installation date, the charge for each additional hookup/connection by SMU or a SMU contractor will be $25.00.  If you cancel (terminate) your service(s) or if your service is disconnected by SMU prior to the six-month anniversary of the Effective Date, you shall repay to SMU a prorated amount of any initial installation costs waived by SMU. The pro-ration will be calculated by dividing the installation cost (as determined by SMU; but not to exceed $225.00) by 180 days and then by multiplying by the number of days remaining between the actual termination of service date and the customers six month anniversary date. If the customer cancels (terminates) services in response to a proposed amendment to this Agreement by SMU, the pro-ration of the initial installation cost provisions outlined above will not apply. If the customer requests an additional (new) service(s) after the initial installation date, the labor and materials cost provided by SMU to install the requested service will be billed directly to the customer.

 

Disconnection / Reconnection. SMU reserves the right to suspend or discontinue service(s) generally, or discontinue your service(s), at any time at its sole and absolute discretion. If your service(s) are discontinued generally or disconnected without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a prorated portion of the final month’s charges. SMU at its sole discretion reserves the right to suspend or terminate service(s) to any customer without notice if it reasonably believes the Customer or entities using the customer’s account are using the SMU services in a manner that interferes with the use of services by one or more other customers, is abusive, illegal or fraudulent; damages SMU facilities or equipment; or places excessive capacity demands upon SMU’s facilities or service. SMU will disconnect a customer’s service(s) ten (10) days after written notice of disconnection is mailed to the Customer for nonpayment of a delinquent account not in dispute. For the purpose of disconnection, a bill is considered a delinquent account one day after issuance. Upon written request by you or a responsible person, SMU will not disconnect residential local telephone service without first notifying the county department of health and social services at least five (5) calendar days prior to the scheduled disconnection. In the event that some or all of the Services are disconnected, the Customer may be eligible to reconnect the disconnected Services by paying the entire outstanding balance; any applicable late fees and any applicable collection costs permitted by law and a reconnection fee. The reconnection fee due to nonpayment or for using the SMU services in violation of SMU Terms and Conditions or SMU’s Acceptable Use Policy will be $35.00. The reconnection fee for seasonal suspension of service(s) will be $10.00 if the service(s) can be activated from the central office and $35.00 if activation requires an onsite visit to the customers service address. The minimum period for seasonal suspension of service(s) is 30 days and a maximum of 180 days. A $10.00 disconnect fee will apply to telephone service. Service reconnections are only done between the Hours of 7:00 am and 3:15 pm Monday – Friday, excluding Holidays.

 

Billing Disputes. Within seven days after receiving their billing statement, SMU must receive from the Customer a statement in writing which identifies any disputed charges and reasonably explains the basis for the Customers dispute. Failure to comply with this requirement shall mean that the billing statement is deemed to be correct and all amounts are due and owed to SMU. If the above requirements are met, the customer may withhold payment of the disputed portion of their billing statement pending resolution of the dispute. Within 5 business days of SMU’s receipt of the Customers written dispute and specific reasons for the dispute, SMU, based upon all the documentation or information available, will advise the customer of its determination and resolution to the dispute. If SMU determines that the amount on the customers billing statement is owed to SMU and the customer continues to withhold payment, the account will be deemed past due and service(s) will be subject to termination.

 

Changes in Programming and Services. Unless otherwise specified in this Agreement, a Customer may upgrade their programming or services at anytime during the month by simply notifying SMU of their desired change(s) in programming and / or service(s), such as, but not limited to; changing their Cable TV programming from Basic to Extended Basic, Internet connection from 1 mbps to 5 mbps or the addition of features such as Hi-definition or Premium Channels to their digital service. Requests for downgrades in programming or service(s), including bundled packages will be effective on the first of the month following notification to SMU, unless otherwise requested by the customer. Customer requests for downgrades to their service other than on the 1st of the month following notification to SMU will be subject to a $10.00 change fee.

 

Customer Assistance and Service Calls. After the installation of all requested services are completed and working properly, SMU will no longer warrant the internal setup and operation of the system. If a customer reports a problem SMU personnel will attempt to assist the customer in correcting the problem via the telephone at no charge. As necessary, SMU personnel will verify that all services are working up to the tie in point (i.e. splitter) or the Optical Network Terminal (ONT). If the problem is found to be unrelated to SMU’s fiber service or equipment, SMU will repair or restore the customer’s services at the customer expense, based on the cost of time and material. A minimum service call of one hour will be charged. Actual service time beyond the initial hour will be billed in one half hour increments. The hourly rate used to calculate hourly service charges will be provided to the Customer at the time service(s) is requested. Service calls will be made between the hours of 7:00 AM and 3:00 PM; Monday – Friday, with the exception of SMU holidays which may occur Monday – Friday. Customer requests for restoration, re-setting or reprogramming of service(s) due to customer error or replacement / purchase of equipment after the initial installation will be subject to the same service charges outlined above.            

 

WARRANTIES. SERVICES AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES EXCEPT AS SPECIFICALLY PROVIDED HEREIN. SMU EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SMU MAKES NO WARRANTIES OR GUARANTEES AS TO CONTINUOUS AVAILABILITY OF THE SERVICES, ANY SPECIFIC FEATURES OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SMU IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, OR ACTS OF GOD. SERVICES INCLUDING, BUT NOT LIMITED TO E911 AND EQUIPMENT WILL NOT OPERATE FROM ANY LOCATION OTHER THAN THE PREMISES. IN THE EVENT OF A POWER OUTAGE, THE SERVICES INCLUDING, BUT not limited to E911, may not be operable.

 

LIMITATION OF LIABILITY. SMU SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PERSON, OR ENTITY FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT THAT SUCH FAILURE OR DELAY IS DUE TO ANY CAUSE(S) BEYOND THE CONTROL OF SMU. SMU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK-STOPPAGE, LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, ANY OTHER COMMERCIAL DAMAGES AND ANY AND ALL DAMAGES RELATED TO THE FAILURE OR MALFUNCTION OF THE STATEWIDE EMERGENCY SERVICES NUMBER (911)) ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION, OUTAGE, MAINTENANCE, REPAIR, REPLACEMENT, INSPECTION, REMOVAL, USE OR FAILURE OF THE SERVICES, EQUIPMENT AND/OR THE SYSTEM PROVIDED HEREUNDER EVEN IF SMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY LAW, SMU’S SOLE LIABILITY, IF ANY, FOR ANY CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR FAILURE OF THE SERVICES, EQUIPMENT AND/OR THE SYSTEM PROVIDED HEREUNDER, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE APPLICABLE TO THE PERIOD TO WHICH THE SERVICES AND EQUIPMENT WERE AFFECTED. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.

 

INDEMNIFICATION. CUSTOMER AGREES TO AT ALL TIMES DEFEND, INDEMNIFY AND HOLD SMU, ITS AGENTS AND EMPLOYEES AND ITS UNDERLYING SERVICE, CONTENT, EQUIPMENT AND SOFTWARE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE OF THE SERVICES, EQUIPMENT AND/OR THE SYSTEM, THE CONTENT SUBMITTED, POSTED OR UPLOADED TO OR THROUGH THE SERVICES ANY VIOLATION OF THIS AGREEMENT OR VIOLATION OF ANY RIGHTS OF ANOTHER. THESE OBLIGATIONS WILL SURVIVE TERMINATION OF THIS AGREEMENT AND CUSTOMER’S USE OF THE SERVICES, EQUIPMENT AND/OR THE SYSTEM. SMU RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY CUSTOMER, IN WHICH EVENT CUSTOMER WILL COOPERATE WITH SMU IN ASSERTING ANY AVAILABLE DEFENSES.

 

Amendments. SMU, in its sole discretion, reserves the right to amend the terms and conditions of this Agreement, including without limitation the prices for Services, equipment, fees, or service charges, etc. Any amendment to this Agreement shall be effective thirty (30) days after SMU provides notice to you. Customer’s use of any of the Services and/or Equipment after the effective date of any amendment shall constitute Customer’s acceptance of and agreement to such amendment. No amendment to this Agreement by Customer shall be valid or binding on SMU unless made in writing and signed by an authorized representative of SMU.

 

Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to conflict of law provisions. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, such controversy, claim, or dispute may be tried solely in a state or federal court having jurisdiction in the county where the Services are provided, and the parties irrevocably consent to the exclusive jurisdiction (including personal jurisdiction) and venue of such courts.

 

Waiver; Severability. SMU’s failure to enforce any right or remedy available under this Agreement is not a waiver. If any provision or portion of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.

Notice. Whenever in this Agreement it is required or permitted that notice be given by SMU or Customer to the other party, such notice shall be given as follows: (i) To SMU: in writing by depositing said notice in the United States Mail, postage prepaid, addressed to Shawano Municipal Utilities, Attn: Office & Customer Service Manager, PO BOX 436, Shawano, WI 54166, or by sending an Email to support@shawanonet.net, in person at the SMU office, located at 122 N. Sawyer Street This e-mail address is being protected from spambots, you need JavaScript enabled to view it or as may otherwise be permitted by SMU; and (ii) To Customer: in writing by depositing said notice in the United States Mail, postage prepaid, addressed to the Customer at the Premises or the billing address on the Application, or online via the SMU home page at www.shawano.tv or if Customer subscribes to SMU’s Internet Service, via the Customer’s email account.

 

Assignment. Customer shall not assign this Agreement or any right or interest under this Agreement, nor delegate any obligation under this Agreement, without the prior written consent of SMU. SMU may assign this Agreement without notice to Customer.

 

Entire Agreement. This Agreement is the entire agreement between SMU and Customer. This Agreement supersedes any inconsistent or additional promises or representations made to you by any employee or agent of SMU.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.