Trailwave Terms & Conditions for Service & Installation
By applying for Trailwave Internet Service(s), the Customer does hereby agree to a specified term beginning as of the date of service specified on the first statement for Trailwave Internet Services. Customer is requesting fiber delivered Internet service(s) at the data rate selected in the agreement above. The monthly rate will be billed by Habersham EMC. Customers using shared bandwidth Internet service(s) must be aware that service is not designed for use with any type of streaming service. Customer using streaming services is aware that available bandwidth for data use will be greatly diminished and HEMC is not liable for performance problems resulting from streaming service. Customer agrees that continuous service cannot be guaranteed, and that critical communications may require redundant equipment and paths that are not included in this agreement. In exchange for the commitment of both parties, Trailwave/Habersham EMC and the Customer agree to the following terms and conditions:
Installation: Pending Engineering department approval, Trailwave/Habersham EMC will be responsible for installation of fiber service up to the CPE (Customer Premise Equipment). Trailwave/Habersham EMC do not provide support service for Customer’s LAN (Local Area Network). Customer understands some LAN configuration may be required to support Internet service. Such configuration shall be the sole responsibility of the Customer. Customer also understands they are responsible for wiring from CPE to Customer’s LAN.
Note: In the case of installation procedures that exceed regular standard service, the Customer will be charged at the current hourly rate. Additional installation charges may include, but are not limited to, inside wiring, LAN and WAN (Wide Area Network) configurations, etc. Customer grants Habersham EMC the right to construct, dig, operate, access and maintain fiber-optic lines and associated pedestals, or other apparatus necessary for such installations. The undersigned does not convey any land, but merely grants an easement for such fiber-optic facilities. The benefits and considerations of such fiber-optic installations shall inure to any successors and/or assignees of Habersham EMC or the consumer. Additional charges will apply for installation beyond a reasonable distance as determined by HEMC or designated installer.
Equipment: Trailwave/Habersham EMC will install the necessary CPE to provide Internet services. Should the Customer modify the CPE to the extent service is interrupted and, at the request of Customer, it becomes necessary for Trailwave/Habersham EMC to restore service because of Customer modifications, Customer will incur an hourly rate for service restoration. All CPE remains the property of the North Georgia Network. Should the Customer terminate this Agreement for any reason, any outstanding Internet service unpaid balance including cancellation charges will receive payment prior to being applied to any electric service balances. Should Trailwave/Habersham EMC retain an attorney to enforce any breach of this Agreement, reasonable costs and attorney fees will be paid by Customer. At the expiration of the term of this Agreement, the agreement shall automatically renew in 1 month increments at the customer’s existing monthly recurring rate unless Trailwave/Habersham EMC or Customer provides written notice of non-renewal 30 days prior to such expiration.