Equipment and Services
A. Broadband internet services, in accordance with the individual Internet Package selected by Customer (the “Services”), hereunder shall only be available to Equipment (as defined below) properly configured and installed to accept the Services. The Services will only be available when the Equipment is within range of the antenna sites located in the Bug Tussel Wireless, LLC (“Bug Tussel”) and its roaming partners service areas. The Services are subject to transmission limitations caused by atmospheric or geographic conditions or government regulations. The Services may be temporarily refused or limited because of the network’s capacity limitations. Services to the Customer may be temporarily interrupted or curtailed, without notice, due to Equipment modifications, upgrades, relocations, repairs, or similar activities necessary for the proper or improved operation of Bug Tussel’s network. Representations of service by Bug Tussel, its sales representatives, or roaming partners are not guarantees. Neither the Equipment nor the Services shall be used by Customer for any purpose that is in violation of federal, state, or local law.
B. Bug Tussel shall assume no liability for interruption of the Services due to circumstances beyond its control, including without limitation, acts of God, natural disaster, fire, flood, civil disturbance, strike, epidemic/pandemic, or weather. In no event shall Bug Tussel be liable for any incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, personal injury, loss of business, or business opportunity, loss of use, etc. related to a malfunction of either the Services or the Equipment. The liability of Bug Tussel for actual proven damages for any cause, (including but not limited to any failure of or disruption of Services), regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to charges payable by Customer under this agreement for the service during the period such damages occurred.
C. Customer acknowledges that Bug Tussel is neither the manufacturer nor the agent of the manufacturer of the Equipment provided hereunder. Customer acknowledges and agrees that Bug Tussel makes no warranty or representation of any kind regarding the Equipment and that Bug Tussel disclaims any warranty, express of implied, including the implied warranties of merchantability and of fitness for a particular purpose.
D. Customer acknowledges that Bug Tussel is under no duty or obligation to perform any service, maintenance, or repair (collectively “Repairs”) of the Equipment provided hereunder, nor does this agreement create such a duty or obligation to perform Repairs if such service, maintenance, or repair was a result of Customer’s direct action or negligence. Notwithstanding, Bug Tussel may perform such Repairs upon the Customer’s request. Bug Tussel will not be liable for any damages to the Equipment, or expenses related thereto, resulting from Customer’s negligence, whether deemed active or passive. Bug Tussel shall not be responsible for the cost of repairing or replacing any Equipment that has been repaired or altered by anyone other than Bug Tussel or the manufacturer of such Equipment, or to any Equipment not operated in accordance with the manufacturer’s or Bug Tussel’s directions regarding such use. Damage to Equipment caused by Customer, passively or actively, shall be payable by Customer and in the following amounts for the respective Equipment: Indoor units-up to $200.00, Outdoor units-up to $300.00, POEs-up to $30.00.
Termination of Service, Rates and Charges
A. Bug Tussel may, after giving prior written notice to Customer, terminate or temporarily discontinue or restrict Customer’s Service if: (1) Customer fails to pay any charge due or otherwise violates any term of this Agreement; (2) Customer fails to maintain a billing address within Bug Tussel’s service area; or (3) Customer utilizes less than fifty percent (50%) of customer’s overall system usage within Bug Tussel’s service area during any three (3) month period. In addition, Bug Tussel may discontinue Customer’s Services without prior notice if Customer’s Services are reasonably suspected of being used in an illegal or other manner that causes or is likely to cause any form of harm to Bug Tussel or any other person.
B. In the event Bug Tussel, in its sole discretion undertakes litigation or collection efforts against Customer to enforce the terms of this Agreement, and Bug Tussel prevails in such efforts, Customer shall be responsible to reimburse Bug Tussel for all costs and expenses, including actual attorney’s fees, incurred by Bug Tussel relative to such efforts unless otherwise precluded by law. In the event such litigation or collection effort arises from, or results in, the termination of this Agreement, Customer shall be liable for all outstanding charges on Customer’s account at the time of termination.
C. Return Period – Customer must disconnect and return all Equipment in like new condition and in original packaging within 14 days of installation/activation or be charged full price for equipment as mentioned in (D) above. Installation/Activation fee is non-refundable. A 20% restocking fee will be charged if Equipment is not like-new. Customer will be billed on a pro rata basis for the number of days Services were provided via the modem during 14-day Return Period. A disconnect that occurs after the 14-day return period will not receive a refund of Installation/Activation fee or refund of internet accessories cost. If it is determined Customer was provided inadequate service during the 14-day Return Period, the Customer will not be charged for Services and Equipment provided if it is returned in like new condition.
D. Customer acknowledges that it shall pay Bug Tussel for the use of the Services either within or outside of Bug Tussel’s service area per Customer’s selected Internet Package. Bug Tussel will bill Customer on a monthly basis for the use of the Services. Payment of the bill for the Services is due on the date indicated on said bill. A balance of $10.00 or more which remains unpaid as of the next billing cycle shall include a late fee of $5.00 added to the total balance owed as of the next billing date.
E. This Agreement can be cancelled at any time by either party per the terms of the Customer’s rate plan.
F. There may be added to any charges incurred by Customer amounts equal to any industry-wide surcharges and/or fees and any surcharge, duty, levy, tax, or withholding, including, but not limited to, sales, property, ad valorem, excise and use taxes, or any tax in lieu thereof or in addition thereto, imposed by any local, state, or federal government or governmental agency with respect to the Services, or with respect to services provided to Customer. In addition, there may be charges billed to Customer to reimburse Bug Tussel for its reasonable and necessary costs and expenses incurred in maintaining compliance with regulatory requirements imposed by any local, state, or federal government or governmental agency having jurisdiction over Bug Tussel.
A. Bug Tussel does not represent or warrant that its wireless internet service is available at all locations. Services will be provided on a best effort basis as determined by Bug Tussel. Depending on the Equipment used, and Services provided, installation shall include a wired connection to the Equipment. Additional networking equipment may be required and is not included with the Service or the Equipment.
B. The wireless internet equipment installed by Bug Tussel, with the exception of cable, wiring, and mounts (the “Equipment”), shall at all times remain the sole and exclusive property of Bug Tussel. Under no circumstances shall Customer alter, misuse, abuse, remove, or in any manner tamper with the Equipment placed in or on Customer’s premises. Customer is responsible for safeguarding the Equipment from damage and will not permit anyone other than a Bug Tussel representative or agent to perform any work on the Equipment. In the event the Equipment is destroyed, damaged, lost, or stolen while in Customer’s possession, including but limited to damage due to lightning strikes, Customer shall be liable for the cost of repair or replacement of the Equipment. The Customer may be held responsible for installation repairs. The internet unit and related equipment shall also remain the property of Bug Tussel unless Customer elects to purchase the internet unit. Under no circumstances shall Customer alter, misuse, abuse, remove or in any manner tamper with the internet units owned by Bug Tussel.
C. Upon termination or disconnection of the wireless internet service, Customers’ right to possession of the Equipment, with the exception of cables, wiring, mounts, shall likewise terminate unless Customer has purchased the same. Customer agrees to immediately return or schedule the removal of the Equipment. The Equipment shall be returned in the same operating condition as it was when installed except for reasonable wear and tear. Should Customer fail to either return the Equipment or schedule the removal of Equipment within thirty (30) days of the termination or disconnection of the wireless internet service, Customer shall pay Bug Tussel the replacement cost for same.
D. Bug Tussel may enter into and over Customer’s premises periodically during the term of this agreement to install, connect, inspect, maintain, repair, or alter the Equipment. Bug Tussel will obtain Customer’s permission prior to entering Customer’s premises. In the event Customer is not the owner of the premises upon which the Equipment is installed, Customer warrants to Bug Tussel he/she has obtained the consent of the owner of the premises for Bug Tussel to perform the installation and maintenance contemplated by this Agreement. If the Customer is not the owner of such premises, Customer agrees to indemnify and hold Bug Tussel harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement, including but not limited to the operation, installation, connection, inspection, modification, maintenance, or repair of the Equipment.
E. Bug Tussel shall not have any responsibility for the operation, maintenance or repair of Customer’s personal computer, monitors, cables, wireless routers, and other devices.
F. Use of the wireless internet service on networks other than the Bug Tussel network is dependent upon that network’s technology and functionality. Bug Tussel does not represent or warrant that the internet unit will have the same functionality at all locations or on other networks.
G. For Residential Customers Only/Seasonal Status – Customer may elect Seasonal Status for a minimum of 1 month and a maximum of 6 months. Customer will be billed current monthly seasonal rate for the months Customer elects to be on Seasonal Status. Seasonal Status Customers will have remote access to their BugNet e-mail accounts and no additional Services.
A. This instrument, together with all attachments and any other documents referenced herein, shall constitute the entire agreement between the parties; and no term of condition and contained herein or therein may be modified or waived, except in writing signed by an authorized representative of Bug Tussel. The acceptance by Bug Tussel of any payment after it shall become due shall not constitute or be construed as a waiver of any or all of Bug Tussel’ s right hereunder.
B. Bug Tussel reserves the right to run a credit check on individuals and/or businesses prior to providing Equipment or Services.
C. Bug Tussel may assign this Agreement without notice to Customer. Customer may assign this Agreement only with Bug Tussel’s written consent. The interpretation of this Agreement shall be subject to the laws of the State of Wisconsin.
D. The invalidity of any portion of any provision of this instrument shall not affect the validity of the remainder of the provisions hereof.
E. Bug Tussel may require a deposit from Customer to guarantee payment of charges for Services and may increase the deposit based on usage and payment history. Deposits will only be returned to Customer after a minimum of twelve (12) consecutive months of satisfactory payment history. Bug Tussel may apply deposits or payments to any charges owed by Customer on any account. Upon termination of this Agreement, Bug Tussel shall return any remaining deposit to Customer at such time as all charges for Services have been paid.
F. Customer is responsible for all authorized charges for Services on Customer’s Equipment. If Customer claims unauthorized charges on account of a lost or stolen Equipment, Customer must report the Equipment as lost or stolen immediately so that Bug Tussel may investigate said claims. Bug Tussel will investigate any claims of unauthorized charges within sixty (60) days. Customer agrees to cooperate with any investigation and will submit any relevant documentation regarding the loss or theft of Equipment. Customer will not be required to pay any disputed charges while the investigation is pending. If Bug Tussel determines that the charges for Services are unauthorized, Bug Tussel will credit Customer’s account.
Customer Proprietary Network Information (CPNI) “Opt Out” Notice
Bug Tussel Bug Tussel provides certain telecommunications services to you. In doing so, it may each collect certain information that is made available to us solely by virtue of our relationship with you, such as quantity, technical configuration, type, destination, location and usage of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information (CPNI). You have a right to the protection of your CPNI and it is Bug Tussel’s responsibility to protect it. CPNI does not include your published directory information or any information that is in the public domain such as your name, address, or telephone number. Use of CPNI is subject to federal laws and regulations with which Bug Tussel is required to comply. The Federal Communications Commission (FCC) requires Bug Tussel to notify its customers of their additional rights to restrict the use of their CPNI. CPNI can be used for certain purposes without Customer’s permission. CPNI may be used by Bug Tussel to offer you additional services that are related to the Services you currently subscribe to or to respond to your inquiry regarding services you purchase from Bug Tussel. CPNI may also be used for functions related to billing and collection, repair, maintenance and to prevent fraud. Bug Tussel is providing this notification regarding your CPNI rights because we need your consent to use this information to provide you with marketing information for additional communications services that we or our affiliates may offer you in the future. You need to respond to Bug Tussel only if you wish to “opt out” of granting us permission to use your CPNI by sending notice to us at email@example.com. If you have not notified us in writing within thirty (30) days of the date set forth in this Agreement or your desire to “opt out”, Bug Tussel and its affiliates will be authorized to use your CPNI for additional marketing purposes. You may withdraw this consent and “opt out” at any time by notifying us in writing at the same email address as noted above. “Opting out” will not affect the services you currently receive from Bug Tussel.
CARES Distance Learning Program
Bug Tussel agrees to provide certain telecommunications services at a discounted rate during the 2020 – 21 school year to a new Customer as part of our commitment for distance learning to students who may be impacted by COVID-19 pandemic. To qualify for Distance Learning Program discount, at least one student or school faculty member must reside in the Customer’s household and be enrolled in school. Schools as contemplated by this agreement include Pre-K, Kindergarten through 12th Grade, and accredited undergraduate institutions. Customer agrees to Bug Tussel Distance Learning Program discounted internet rate plan for 2020-21 school year. The internet service rate plan will begin the date of service and equipment install. After 2020-21 school year, Bug Tussel will invoice Customer the regular monthly published rate for Service & Equipment as advertised. No additional discounts will be applied during special Distance Learning Program discount period.