"Service" means the Internet Service
offered by Northern Nevada internet Services LLC.
"Agreement" means these Terms and
Conditions of the Internet service.
"Payee" is the person or entity to which
you wish a bill payment to be directed or is the person or entity from which
you receive electronic bills, as the case may be.
"Payment Instruction" is the information
provided by you to the Service for a bill payment to be made to the Payee (such
as, but not limited to, Payee name, Payee account number, and Scheduled Payment
"Payment Account" is the checking
account from which bill payments will be debited.
"Billing Account" is the checking
account from which all Service fees will be automatically debited.
"Business Day" is every Monday through
Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you
want your Payee to receive your bill payment and is also the day your Payment
Account will be debited, unless the Scheduled Payment Date falls on a
non-Business Day in which case it will be considered to be the previous
"Due Date" is the date reflected on your
Payee statement for which the payment is due. It is not the late date or grace
"Scheduled Payment" is a payment that
has been scheduled through the Service but has not begun processing.
All payments become due the 1st of every
month, and will be delinquent after 30 days.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the
Service, we can't guarantee 100% up time. Days out of service will be deducted
from bill if necessary, scheduled service-upgrades and maintenance will not be credited. Full amounts of the month will not be reimbursed, but
only the days down. This number of days credited will be based off of when the subscriber calls informing
Northern Nevada internet Services LLC that their service is out. Further investigation may be required. This will be based off the device probes being probed by Northern Nevada Internet Services. Service will only be credited if probes show subscriber radios are in the down status. If service is
out due to non payment, the compensation of down time was not at fault of
Northern Nevada Internet Services LLC, and compensation will not be credited to
the account for the customer. If subscriber is providing their own equipment, they will not be eligible for credit and compensation for service outages. Northern Nevada Internet Services cannot guarantee the reliability of third-party equipment.
All speeds and�services��provided by��Northern Nevada Internet Services are up to speed not a�guarantee.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account
information of Payees to whom you wish to direct payments, you authorize
Northern Nevada internet Services LLC to follow the Payment Instructions that
it receives through the payment system. In order to process payments more
efficiently and effectively, the Service may edit or alter payment data or data
formats in accordance with Payee directives.
When Northern Nevada internet Services LLC receives
a Payment Instruction, you authorize the Service to debit your Payment Account
and remit funds on your behalf so that the funds arrive as close as reasonably
possible to the Scheduled Payment Date designated by you. You also authorize
Northern Nevada internet Services LLC to credit your Payment Account for
payments returned to the Service by the United States Postal Service or Payee,
or payments remitted to you on behalf of another authorized user of the Service.
Northern Nevada internet Services LLC will use its
best efforts to make all your payments properly. However, the Service shall
incur no liability and any Service Guarantee shall be void if Northern Nevada
internet Services LLC is unable to complete any payments initiated by you
because of the existence of any one or more of the following circumstances:
1. If, through no fault of Northern Nevada internet
Services LLC, your Payment Account does not contain sufficient funds to
complete the transaction or the transaction would exceed the credit limit of
your overdraft account;
2. The payment processing center is not working
properly and you know or have been advised by Northern Nevada internet Services
LLC about the malfunction before you execute the transaction;
3. You have not provided Northern Nevada internet
Services LLC with the correct Payment Account information, or the correct name,
address, phone number, or account information for the Payee; and/or,
4. Circumstances beyond control of Northern Nevada
internet Services LLC (such as, but not limited to, fire, flood, or
interference from an outside force) prevent the proper execution of the
transaction and the Service has taken reasonable precautions to avoid those
Provided none of the foregoing exceptions are
applicable, if Northern Nevada internet Services LLC causes an incorrect amount
of funds to be removed from your Payment Account or causes funds from your
Payment Account to be directed to a Payee which does not comply with your
Payment Instructions, the Service shall be responsible for returning the
improperly transferred funds to your Payment Account, and for directing to the
proper Payee any previously misdirected transactions, and, if applicable, for
any late payment related charges.
The Service reserves the right to select the
method in which to remit funds on your behalf to your Payee. These payment
methods may include, but may not be limited to, an electronic payment, an
electronic to check payment.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment
(including recurring payments) by following the directions within the
application. There is no charge for canceling or editing a Scheduled Payment.
Once the Service has begun processing a payment it cannot be cancelled or
STOP PAYMENT REQUESTS
Northern Nevada internet Services LLC ability to
process a stop payment request will depend on the payment method and whether or
not a check has cleared. The Service may also not have a reasonable opportunity
to act on any stop payment request after a payment has been processed. If you
desire to stop any payment that has already been processed, you must contact
Customer Service. Although the Service will make every effort to accommodate
your request, the Service will have no liability for failing to do so. The
Service may also require you to present your request in writing within fourteen
(14) days. The charge for each stop payment request will be the current charge
for such service as set out in the applicable fee schedule.
Payments to Payees outside of the United States or
its territories are prohibited through the Service.
Tax payments and court ordered payments may be
scheduled through the Service, however such payments are discouraged and must
be scheduled at your own risk. In no event shall the Service be liable for any
claims or damages resulting from your scheduling of these types of payments.
The Service Guarantee as it applies to any late payment related charges is void
when these types of payments are scheduled and/or processed by the Service. The
Service has no obligation to research or resolve any claim resulting from an
exception payment. All research and resolution for any misapplied, mis-posted
or misdirected payments will be the sole responsibility of you and not of the
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic
bills only and it is your sole responsibility to contact your Payees directly
if you do not receive your statements. In addition, if you elect to activate
one of the Service's electronic bill options, you also agree to the following:
The equipment lease fee is 168.99. This number is
subject to change. To start service an equipment lease charge of 168.99 must be
paid in full.
Northern Nevada internet Services LLC owns the
equipment provided. All equipment must be collected by Northern Nevada internet
Services LLC after service is discontinued. If the equipment is not collected
of is destroyed a fee of 199.00 must be paid by the subscriber. Retrieval of
the Equipment at the time of consolation shall be scheduled by the customer. If
all the equipment is not retrieved from the customer, they shall pay for each
piece of equipment separately. Below are the charges for each piece of
equipment. If none of the equipment is received there shall be a total charge
Dish & Radio – 98.99
Dish Arm – 29.99
POE injector – 29.99
Router – 59.99
provided to the Payee - The Service
is unable to update or change your personal information such as, but not
limited to, name, address, phone numbers and e-mail addresses, with the
electronic Payee. Any changes will need to be made by contacting the Payee
directly. Additionally it is your responsibility to maintain all usernames and
passwords for all electronic Payee sites. You also agree not to use someone
else's information to gain unauthorized access to another person's bill.
Activation - Upon activation of the electronic bill feature the
Service may notify the Payee of your request to receive electronic billing
information. The presentment of your first electronic bill may vary from Payee
to Payee and may take up to sixty (60) days, depending on the billing cycle of
each Payee. Additionally, the ability to receive a paper copy of your
statement(s) is at the sole discretion of the Payee. While your electronic bill
feature is being activated it is your responsibility to keep your accounts
current. Each electronic Payee reserves the right to accept or deny your
request to receive electronic bills.
Notification - The Service will use its best efforts to present all
of your electronic bills promptly. In addition to notification within the
Service, the Service may send an e-mail notification to the e-mail address
listed for your account. It is your sole responsibility to ensure that this
information is accurate. In the event you do not receive notification, it is
your responsibility to periodically logon to the Service and check on the
delivery of new electronic bills. The time for notification may vary from Payee
to Payee. You are responsible for ensuring timely payment of all bills.
Customer owned equipment – All equipment not
owned by Northern Nevada
internet Services LLC will not be maintained. If a problem occurs and we have
to send a technician out, they will only test our equipment. If the problem persists
the technician will install our equipment. Northern Nevada internet Services
LLC does not guarantee working service on equipment that is not owned by them.
of electronic bill notification - The
electronic Payee reserves the right to cancel the presentment of electronic
bills at any time. You may cancel electronic bill presentment at any time. The
time frame for cancellation of your electronic bill presentment may vary from
Payee to Payee. It may take up to sixty (60) days, depending on the billing
cycle of each Payee. The Service will notify your electronic Payee(s) as to the
change in status of your account and it is your sole responsibility to make
arrangements for an alternative form of bill delivery. The Service will not be
responsible for presenting any electronic bills that are already in process at
the time of cancellation.
of electronic bill(s) - You agree to
hold the Service harmless should the Payee fail to deliver your statement(s).
You are responsible for ensuring timely payment of all bills. Copies of
previously delivered bills must be requested from the Payee directly.
and dispute of electronic bill - The Service
is not responsible for the accuracy of your electronic bill(s). The Service is
only responsible for presenting the information we receive from the Payee. Any
discrepancies or disputes regarding the accuracy of your electronic bill
summary or detail must be addressed with the Payee directly.
This Agreement does not alter your liability or
obligations that currently exist between you and your Payees.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR
PASSWORD AND SECURITY
You agree not to give or make available your
password or other means to access your account to any unauthorized individuals.
You are responsible for all payments you authorize using the Service. If you
permit other persons to use the Service or your password or other means to
access your account, you are responsible for any transactions they authorize.
If you believe that your password or other means to access your account has
been lost or stolen or that someone may attempt to use the Service without your
consent or has transferred money without your permission, you must notify the
Service at once by calling 1-855-247-0300 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after
you discover your password or other means to access your account has been lost
or stolen, your liability is no more than $50.00 should someone access your
account without your permission. If you do not tell us within two (2) Business
Days after you learn of such loss or theft, and we can prove that we could have
prevented the unauthorized use of your password or other means to access your
account if you had told us, you could be liable for as much as $500.00. If your
monthly financial institution statement contains transfers that you did not
authorize, you must tell us at once. If you do not tell us within sixty (60)
days after the statement was sent to you, you may lose any amount transferred
without your authorization after the sixty (60) days if we can prove that we
could have stopped someone from taking the money had you told us in time. If a
good reason (such as a long trip or a hospital stay) prevented you from telling
us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your
transactions, you should as soon as possible notify us via one of the following:
1. Telephone us at 1-888-414-6272 during customer
2. Contact us by using the application's e-messaging
3. Write us at:
PO Box 165
Lovelock, NV 89419
If you think your statement is incorrect or you
need more information about a Service transaction listed on the statement, we
must hear from you no later than sixty (60) days after the FIRST statement was
sent to you on which the problem or error appears. You must:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question,
and explain as clearly as possible why you believe it is an error or why you
need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you
send your complaint in writing within ten (10) Business Days after your verbal
notification. We will tell you the results of our investigation within ten (10)
Business Days after we hear from you, and will correct any error promptly.
However, if we require more time to confirm the nature of your complaint or
question, we reserve the right to take up to forty-five (45) days to complete
our investigation. If we decide to do this, we will provisionally credit your
Payment Account within ten (10) Business Days for the amount you think is in
error. If we ask you to submit your complaint or question in writing and we do not
receive it within ten (10) Business Days, we may not provisionally credit your
Payment Account. If it is determined there was no error, we will mail you a
written explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our investigation.
The Service may revoke any provisional credit provided to you if we find an
error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information
as confidential. However, we will disclose information to third parties about
your account or the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional
3. In order to verify the existence and condition of
your account to a third party, such as a credit bureau or Payee;
4. To a consumer reporting agency for research
5. In order to comply with a governmental agency or
court orders; or,
6. If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of
whether the Service was used during the billing cycle. There may be a charge
for additional transactions and other optional services. You agree to pay such
charges and authorize the Service to deduct the calculated amount from your
designated Billing Account for these amounts and any additional charges that
may be incurred by you. Any financial fees associated with your standard
deposit accounts will continue to apply. You are responsible for any and all
telephone access fees and/or Internet service fees that may be assessed by your
telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the
Service to make payments for you from your Payment Account. If we are unable to
complete the transaction for any reason associated with your Payment Account
(for example, there are insufficient funds in your Payment Account to cover the
transaction), the transaction will not be completed. In some instances, you
will receive a return notice from the Service. In such case, you agree that:
1. You will reimburse the Service immediately upon
demand the transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service
within fifteen (15) days of the initial notification, a late charge equal to
1.5% monthly interest or the legal maximum, whichever rate is lower, for any
unpaid amounts may be imposed;
3. You will reimburse the Service for any fees
imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it
incurs in attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts
concerning the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service
charges may be altered or amended by the Service from time to time. In such event,
the Service shall provide notice to you. Any use of the Service after the
Service provides you a notice of change will constitute your agreement to such
change(s). Further, the Service may, from time to time, revise or update the
applications, services, and/or related material, which may render all such
prior versions obsolete. Consequently, the Service reserves the right to
terminate this Agreement as to all such prior versions of the applications,
services, and/or related material and limit access to only the Service's more
recent revisions and updates.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the
contact information in your user profile is current and accurate. This
includes, but is not limited to, name, address, phone numbers and email
addresses. Changes can be made either within the application or by contacting
Customer Service. Any changes in your Payment Account should also be made in
accordance with the procedures outlined within the application's Help files. All
changes made are effective immediately for scheduled and future payments paid
from the updated Payment Account information. The Service is not responsible
for any payment processing errors or fees incurred if you do not provide
accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you
may have the ability to do so through the product, or you may contact customer
service via one of the following:
1. Telephone us at 1-775-455-2544 during customer
2. Contact us by using the application's e-messaging
3. Write us at:
PO Box 165
Lovelock, NV 89419
Any payment(s) the Service has already processed
before the requested cancellation date will be completed by the Service. All
Scheduled Payments including recurring payments will not be processed once the
Service is cancelled. The Service may terminate or suspend Service to you at
any time. Neither termination nor suspension shall affect your liability or
obligations under this Agreement.
The Service reserves the right to refuse to pay
any Payee to whom you may direct a payment. The Service will notify you
promptly if it decides to refuse to pay a Payee designated by you. This
notification is not required if you attempt to make a prohibited payment or an
exception payment under this Agreement.
RETURNED PAYMENTS In using the Service, you
understand that Payees and/or the United States Postal Service may return
payments to the Service for various reasons such as, but not limited to,
Payee's forwarding address expired; Payee account number is not valid; Payee is
unable to locate account; or Payee account is paid in full. The Service will
use its best efforts to research and correct the returned payment and return it
to your Payee, or void the payment and credit your Payment Account. You may
receive notification from the Service.
Your enrollment in the Service may not be
fulfilled if the Service cannot verify your identity or other necessary
information. Through your enrollment in the Service, you agree that the Service
reserves the right to request a review of your credit rating at its own expense
through an authorized bureau. In addition, you agree that the Service reserves
the right to obtain financial information regarding your account from a Payee
or your financial institution (for example, to resolve payment posting problems
or for verification).
In the event of a dispute regarding the Service,
you and the Service agree to resolve the dispute by looking to this Agreement.
You agree that this Agreement is the complete and exclusive statement of the
agreement between you and the Service which supersedes any proposal or prior
agreement, oral or written, and any other communications between you and the
Service relating to the subject matter of this Agreement. If there is a
conflict between what an employee of the Service or Customer Service Department
says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other
party. The Service may assign this Agreement to any future, directly or
indirectly, affiliated company. The Service may also assign or delegate certain
of its rights and responsibilities under this Agreement to independent
contractors or other third parties.
NO WAIVER The Service shall not be deemed to have
waived any of its rights or remedies hereunder unless such waiver is in writing
and signed by the Service. No delay or omission on the part of the Service in
exercising any rights or remedies shall operate as a waiver of such rights or
remedies or any other rights or remedies. A waiver on any one occasion shall
not be construed as a bar or waiver of any rights or remedies on future
The captions of sections hereof are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this Agreement.
This Agreement shall be governed by and construed
in accordance with the laws of the State of Nevada, without regard to its
conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY
THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE
EQUIPMENT, SOFTWARE, AND/OR THE SERVICE. ALL INTERNET BILLS WILL BE DUE ON THE
TENTH OF EACH MONTH. IF THE SERVICES GOES UNPAID TO THE 25 OF EACH MONTH THE
SERVICE WILL BE DISCONNECTED AND THERE WILL BE A RECONNECT FEE OF $10.99. THIS
MUST BE PAID IN FULL BEFORE SERVICE IS RE CONNECTED.