This document is a legally binding agreement and describes the terms and conditions pursuan to which North East Fiber LLC’s (“SPARC”) will provide you with access to its fiber optic network and certain equipment related to such access. By signing this fiber optics service agreement (“agreement”) you are agreeing to the following terms and conditions.
1. Agreement. SPARC provides access to North East Fiber, LLC’s fiber optic network for purposes of taking (“Service” or “Services”): internet or voice, together or separately, as they may exist to a qualifying individual or entity who pays a monthly fee to subscribe to the Service. An individual or entity who takes Service is known as a (“Subscriber”). This Agreement is between you (“Subscriber”) and SPARC. This Agreement consists of the specific terms and conditions below, the specific terms of Subscriber’s billing plan for the Service which Subscriber subscribes, and SPARC’s Global Terms and Conditions (“GTC”) and Acceptable Use Policy (“AUP”), both of which may be revised from time to time by SPARC and are available through SPARC’s website and are incorporated herein. All references to “Agreement” herein include SPARC’s Fiber Optic Service Agreement, the GTC and AUP. Subscriber must read and understand the GTC and AUP before signing this agreement. To the extent any conflicts or inconsistencies between the Agreement, GTC, and AUP exist, the Agreement will prevail over the GTC and AUP, and the GTC will prevail over the AUP.
2. Minimum Level of Service. Subscriber shall purchase a Level of Service with a minimum
price of $54.95 per month.
3. Minimum Term. The term of this Agreement shall be for 3 months, commencing on the date Service is made available. Thereafter, the term shall automatically renew on a month-to-month basis at SPARC’s then current monthly pricing and fees. SPARC may, in its sole discretion, require a longer Minimum Term, for reasons such as, but not limited to, Subscriber’s failure to pay the monthly Service fee by the due date on the bill, poor credit history, poor credit rating, excessive financial risk due to the nature of the Installation (as described in the GTC), failure to provide a valid means of electronic payment of the Service fee, frequent Cancellation of the Service, a history of abuse of SPARC equipment by the Subscriber, a history of abuse of SPARC equipment at the location of which Subscriber is subscribing, or any other reason.
4. Deposit. SPARC may, in its sole discretion, require a Deposit in the amount of the current value (as determined by SPARC) of the Equipment, prior to Installation (as described in the GTC) of the Service by Subscribers that do not provide or do not possess a valid means of electronic payment of the Service fee (such as cash only accounts), have a history of abuse of SPARC equipment by the Subscriber, or a history of abuse of SPARC equipment at the location of which Subscriber is subscribing, or any other reason.
5. Easement on Subscriber’s Property. In consideration of receiving Service from SPARC, Subscriber hereby grants or will grant to SPARC or North East Mississippi Electric Cooperative any easements required by SPARC or North East Mississippi Electric Cooperative on, under, over, or through Subscriber’s real estate for purposes of extending fiber optic cable so to provide Service to Subscriber and others as well as to perform maintenance service upgrades, and periodic clearing of rights of way. When economically feasible, all extensions shall follow any existing utility easements.
6. Equipment. Other than the equipment provided to Subscriber by SPARC for use with the
Service, Subscriber must provide and is responsible for, all equipment devices, and software
necessary to receive the Service.
7. Billing. SPARC will bill Subscriber monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on the bill. Subscriber is responsible for paying any taxes, surcharges, late payments, fees, and assessments imposed from time to time in connection with the Service.
8. Cancellation. Subscriber may cancel Service at any time. If Subscriber cancels Service at any time during the initial Minimum Term period, an early cancellation fee, equal to the remainder of the Minimum term multiplied by the amount set forth in the Minimum Level of Service.
9. Termination. SPARC may, without prior notice, discontinue or terminate Service, for any reason, including, without limitation, if SPARC, in its sole discretion, believes Subscriber has violated this Agreement.
10. Electrical Power. The Service requires electrical power from Subscriber’s premises to operate, which Subscriber is responsible for providing.