Community Wireless Terms and Conditions
Community Wireless Terms and Conditions:
(Community Wireless is referred to as CW throughout this
PAYMENT OF SERVICE:
Should be in the form of Major Credit Card or Debit Card, (we accept Visa, Master Card
Discover and American Express) Cash, Check, Cashiers Check or Money Order.
Customer understands that the Installation includes and is limited to the installation of
an Antenna, Subscriber Module (SM), a Surge Suppressor (SS), one cable to connect the (SM) to the (SS), and one cable
that runs from the (SS) into the customer location via one hole through an exterior wall of customer’s structure. Cables
shall be secured to the exterior of the structure. CW shall not be responsible for additional installation tasks not
specifically listed in this Section which may be deemed desirable or necessary by customer or the Installer. Customer
shall be responsible for the additional charges for any such additional work subsequently requested by customer.
Additional work is for an additional charge. Charges may very according to the customer’s location because every location
is different in size and configuration. The cable length included in a standard installation is 100’. If more than 100’ is
required there will be a charge of 0.25 cents per foot of cable.
. Customer understands that the equipment that CW installs on and in their home (i.e., Antenna, Subscriber Module,
Surge Suppressor, Power Over Ethernet or P.O.E) is CW equipment and if for any reason customer defaults on payments
to CW, moves, changes providers or discontinues service for any reason or CW discontinues service to the customer for
any reason. CW has the right and permission to recover the equipment from the outside of the customers’ home without
notice. CW will de-install equipment from the outside of the home and if any of CW equipment is in your home that could
not be retrieved it will be billed to the customers account and added to their final bill. Customer gives CW permission to
come on customer’s property and on home to retrieve the said equipment without permission. CW has the right to
terminate service with customer for any reason. If customer does not allow CW to retrieve equipment it will be added to
the customer’s final bill. CW reserves the right to charge customer by any means on file for past due amounts and/or
equipment not retrieved. By agreeing to these terms and conditions you agree to allow CW the right to recover any funds
owed to CW via fees, payment arrearages, and/or unrecovered equipment. You agree that CW may use any means in
which you have tried to pay your account in the past to recover the money owed to CW, i.e. payment by check or credit
card. CW also reserves the right to file criminal charges for unrecovered equipment that customer has not paid for. Any
fees and/or payment arrearages not collected will be turned over to collection and CW reserves the right to file a suite in
small claims court.
Customer understands that the internet connection operates through an Ethernet
connection. The Ethernet card shall be provided and/or installed by customer, at customer’s expense. If customer does
not have an Ethernet card or the Ethernet card is bad at time of installation the installer can offer an Ethernet to USB
adaptor or Replacement Ethernet card for whatever the current price is on this item. CW is not responsible for any
additional products sold by CW. If CW installs a replacement Ethernet card in the customer computer, CW is not
responsible for any damage that may result and the customer will hold the Installer and/or CW harmless.
. CW and/or Installer shall not be responsible or liable for any of the following:
Any obstruction(s) that might be erected or grow between the antenna at customer’s location and the tower which
causes degradation or loss of service.
Foliage obstructions, tree lines or hill (earth) interference.
Frequency interference that arises in the area preventing or the derogation of signal reception.
Debris or ice on the antenna located at customer’s location.
Re-aiming the antenna located at customer’s location more than 10 days after its installation.
Repair or restoration of any structure or surface altered or penetrated by CW or Installer during the installation or
removal of the antenna, mast, tripod, wiring or any other CW equipment located at customer’s location.
Any storms or acts of God causing damage to equipment at customer’s location or tower locations’.
Any damage caused by the customer or others including animals, lawn equipment, etc.
Customer acknowledges that installation fees are nonrefundable after the internet connection
becomes operational. This is determined at the time of activation (the “Activation Date”). These fees are solely for labor of
installation of the equipment at your home. The equipment is the property of CW even after installation and must be
returned at the termination of service or you will be charged for the equipment. The lease of this equipment is in addition
to the monthly subscription fee.
. This Agreement is deemed to be entered into in the State of Indiana and the parties agree that any dispute arising
under this Agreement shall have its venue in Clark County, Indiana and any such dispute shall be governed by and
constructed in accordance with the laws of the State of Indiana.
. CW may assign this Agreement without customer's prior consent and all of CW's rights, title, and interest herein shall
inure to the benefit of such assignees, its successors and assigns. This Agreement shall not be assignable by customer
except with the written consent of CW. Subject to the foregoing, this Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
. Neither party shall disclose any of the terms and conditions of this agreement without prior written consent of the other,
provided, however, in any of its sales and marketing materials, CW may refer to customer as its customer.
MODIFICATION OF TERMS AND AGREEMENT:
CW may modify these terms and conditions without any notice.
The terms and conditions are posted on the CW website for your review. Customer's continued use of service shall
constitute customer's acceptance of the modification of this agreement. It is the customer’s responsibility to review the
terms and conditions on a regular basis. A copy of the terms and conditions can be found on the CW website.
COMMUNITY WIRELESS EQUIPMENT:
Equipment remains the property of CW. We must have a valid credit card on
file or a refundable $250.00 security deposit will be required. If the Credit Card or Deposit is not required customer is still
responsible for the equipment cost if not returned to CW. Cost of equipment is approximately $1000.00. If not returned to
CW you will be billed for the cost of the equipment at your home. Customer agrees to pay the costs of the equipment if not
returned to CW. You agree that CW may use any means in which you have tried to pay your account in the past to
recover the money owed to the company, i.e. payment by check or credit card. CW also reserves the right to file criminal
charges for unrecovered equipment that customer has not paid for. Any fees and/or payment arrearages not collected will
be turned over to collection and CW reserves the right to file a suite in small claims court.
COMMUNITY WIRELESS EQUIPMENT:
Equipment is leased from Community Wireless per month. Equipment is the
sole responsibility of the customer. If equipment is damaged in any way the customer is responsible to replace equipment.
The cost of the all the equipment is approximately $1000.00 which does not include Labor Cost. Community Wireless is
not responsible in any way for this equipment and the equipment must be replaced if damaged or destroyed. Damage can
consist of acts of God, malicious, vandal, or accidental, etc. Anything that results in the loss of the leased equipment will
constitute the need to reimburse Community Wireless for the equipment in full. This equipment falls under your home
owners or rental policy.
Permitting & Landlord Approval:
It shall be customer’s responsibility to obtain any required permits, consents or, for
the installation of CW Equipment on property not owned by customer, landlord approval is required by CW. If customer
does not disclose they are in rental property and landlord approval is not received and CW installs equipment at
customer’s location the customer is responsible for any and all repercussion, cost, lawyer’s fees, repairs and/or damage
of any kind.
Any additional products purchased from CW are not covered by CW. These products
have their own warranties and you should refer to the manufacture for assistance in replacement or service. CW is in no
way liable for these products. CW will not refund money or exchange equipment for faulty equipment. CW is not a retailer
and is a pass through entity only. CW will try to help you troubleshoot these products via customer support by phone. If
products need to be returned for any reason it needs to be done with the manufacture. The products that CW carries are a
matter of convenience to the customer only.
Phone Service is an internet dependent service called VoIP Phone Service. This service is not
intended to be the primary mode of communication. Customer should not depend or rely on this service for emergency
service. This phone service is intended to be secondary mode of communication and provide a customer the means to
call long distance for free. 911 services are not provided with this service and in no way should it be used for this purpose.
Porting of your existing phone number is available in certain areas and can change without notice. CW has to request this
from the existing carrier and has no control over weather they allow the number to be released to CW. To port your
number you will need to provide a copy of your last months phone bill and fill out the LNP form and submit it to CW.
Porting can take up two month’s after we have received this information from you. Do not cancel the existing carrier or you
will lose your existing phone number. Canceling your phone number with the existing carrier before CW ports your
number will result in the loss of you present number. If this happens or if you would like to receive a new local number CW
can provide you with one.
Thirty day trial period is intended for customer evaluation purposes. Customer
agrees to try product and if for any reason decides to cancel trial before the thirty day trial is over the customer will not be
charged for any phone service fees. If customer has canceled before the trial period is over they must return the Phone
Adapter to CW or the Phone Adapter will automatically be deducted from their account. This is a nonrefundable purchase
of equipment. If customer cancels anytime after the thirty day trial the adapter is the property of the customer and there
are no returns or refunds on the Phone Adapter.
Setup and Installation; There are no refunds for set up and installation fees after activation of service.
Monthly Subscription Plans, Quarterly Plans and Baker’s Dozen; There are no refunds or partial refunds for any
subscription services. Thirty Day Notice is required for termination of service and there are no partial refunds of service. If
service is canceled any time during the billing cycle there are no refunds due. Customer should cancel at the end of their
billing cycle or agree to forfeit the remaining balance to CW.
Service Credits are reviewed on a case by case basis. If a customer is deemed out of service do to issues
within CW control (See section 5) the customer will be credited according to their plan rate for the amount of time they
were out. Credit is figured on a twenty four hour basis’s and the customer is only credited for the appropriate number of
hours. CW does not credit the $5.00 lease and tax fees. This fee is for the use of the equipment and as long as it is still at
the customer’s property the customer is liable for this fee. CW does not credit until at least five days of service has been
lost in a row. CW considers this time appropriate to rectify any problems that may arise. It is the customer’s responsibility
to make CW aware of the time and date the issue starts and the related events. The clock on time starts from the time CW
is notified there is an issue.
There is $50.00 De-Installation charge for CW to retrieve equipment from your home. You can save
this fee by De-Installation your equipment yourself and bringing it into CW. CW equipment consists of Antenna, Radio,
Ground Block and Power Over Ethernet (POE). Equipment must be tested after turned into ensure equipment is in
working order before issuing credit for the $50.00 De-Installation charge. If equipment is damaged you will be invoiced for
the amount of the equipment damaged.
Thirty Day Notice:
When customers are terminating service for whatever reason CW requires a written thirty day
notice. This can be sent by email form or mailed to our office. If thirty day notice is not given the customer is still
responsible for the service agreement and owes the monthly subscription fees that would normally apply to fulfill the thirty
Customer is billed on a monthly basis on their Credit or Debit Card or Checking Account for as long as the
customer requires. Customer can revert back to invoice at any time. Advanced billing is billed thirty days in advance. Auto
Pay is set up on advanced billing. This protects the customer from service interruption in case something goes wrong with
the credit card on file, i.e. expiration, insufficient funds, stolen or lost.
CW is a subscription based service. The subscription is purchased in advance for the coming
month. These fees are nonrefundable when canceling service or in the case of termination of service whether on
customers or CW initiative. CW requires a thirty day written notice for cancellation of service. (See section 17)
CW reserves the right to terminate a customer’s service immediately under this policy. CW does not tolerate
and has a no abuse policy. If a customer is abusive to a CW employee in a physical or verbal manner CW reserves the
right to terminate said customers service without notice. Examples of misconduct: Cussing or swearing at employees in a
derogatory or demeaning manner, physical contact or intimidation of any kind, Threats or threatening behavior or
verbalization of threats toward employee(s) or CW. CW also depending on the situation call the authorities and report said
Service Call Fee:
Service calls may be charged depending on the situation. Service Call Fees are additional to Labor
Cost and Part Fees. In some cases there may be a nominal Service Call Fee and Labor Cost along with Part Cost.
Fair Access Policy (FAP):
Community Wireless is a usage based service. Our plans are usage based according the plan amounts in the
beginning section of this document. The system is designed to limit you at the plan maximum when you reach your limit
according to the plan that you are on. When you reach the maximum allowed your internet usage will stop. You will be
prompted to either buy a 5 GB power pack, 50 GB power pack or upgrade to the next level. The portal
(customer.cwgo.com) has a usage meter that will let you know what your usage level at that moment. The portal will also
allow you to see the last 24 hours of usage, this cycle usage and last cycle’s usage.