Terms and Conditions
Subject to credit approval, La Harpe Communications, Inc. (“La Harpe”), DBA New Wave Broadband, will provide all services that you, the Subscriber, request, on the following terms and conditions. All La Harpe services are referred to as “Service” or “Services”. If La Harpe provides telephone Service in your area, such Service will be provided through the La Harpe telephone affiliate servicing your area, and you will also be bound by that affiliate’s tariff on file with the State telephone regulatory authority. If you receive La Harpe’s High Speed Internet Service, you will also be bound by the La Harpe High Speed Internet Subscriber Agreement, and the La Harpe Acceptable Use Policy, both located at www.support.La Harpe.net or at another URL La Harpe may designate.
A. La Harpe’s Obligations
Install in a workmanlike manner, the La Harpe necessary equipment and materials.
Maintain La Harpe equipment in accordance with reasonable industry standards and applicable regulations.
If available, you may subscribe to the La Harpe wiring maintenance plan and La Harpe will install and maintain wiring inside your premises ( “Internal Wiring”). Otherwise, La Harpe shall have no responsibility for the maintenance of your Internal Wiring.
These obligations do not include responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment.
We will provide the fastest available speed for your rate plan, but all internet connection speeds are, by their nature, not guaranteed.
B. Your Obligations
Pay all installation, service or other charges on receipt of La Harpe’s bill. Charges are according to La Harpe’s rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to additional local fees, taxes or other charges. Some fees and charges are payable in advance. If you terminate Service before the end of a prepaid period, La Harpe will refund the prorated unused portion of the fees and charges. If the pro-rata unused portion is less than $5.00, La Harpe will make the refund on your request. If you or La Harpe terminate Service, La Harpe may transfer outstanding balances for Services provided under this Agreement to other accounts that you have with La Harpe.
If you fail to make timely payment, La Harpe may terminate Service, remove La Harpe equipment and impose late fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum amount permitted by law.
Provide La Harpe’s employees and representatives with a safe working environment.
Assume complete responsibility for improper use, damage or loss of any equipment furnished by La Harpe.
Allow La Harpe access into your premises to install, maintain or repair, upgrade (if any), and remove La Harpe equipment. La Harpe personnel have La Harpe identification you may request and examine. If you are not home at the time of a service call, you authorize any other adult resident or guest at your residence to grant La Harpe access to your premises.
Any attempted assignment or transfer of the Services is a breach of this Agreement.
If you do not own your premises:
i. You represent that you have obtained necessary permission from the owner to install La Harpe’s equipment (including, without limitation, equipment attached to the outside of the premises); and
ii. You will indemnify La Harpe from all claims of the owner in connection with the installation and provision of the Services 8. La Harpe may provide backup battery service for telephone service utilizing a PPPoE router and that router will remain the property of La Harpe, if not purchased. If La Harpe does not provide backup battery service for La Harpe services utilizing a router or VoIP gateway, you must provide the backup battery and it will remain your responsibility in all respects.
All La Harpe Equipment and embedded Software (Equipment) provided to you by La Harpe or its agent will remain the property of La Harpe. La Harpe shall have the unrestricted right, but not the obligation, to install or modify the software in any of the Equipment. It is a material breach for you to copy, duplicate, reverse engineer or in any way tamper with or interfere with any Software provided to you by La Harpe. you also agree:
To use the Equipment only for receiving Services ordered from or through La Harpe.
To promptly return the Equipment to La Harpe in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service.
If you do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”), the damages La Harpe will incur will be difficult to ascertain. Therefore, you agree to pay, and La Harpe may charge your account, a liquidated damages amount equal to La Harpe’s reasonable estimates of the replacement costs and incidental costs that La Harpe incurs; provided, however, that such amount will not exceed the maximum amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination or expiration of this Agreement.
You acknowledge that La Harpe reserves the right at any time and in its sole discretion to change its channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available. La Harpe also reserves the right to alter its fee structure upon notice to you. you may immediately terminate service upon notice to La Harpe. you may not rebroadcast, transmit, record, perform, or charge admission to view or listen to any of the programming made available by the Services unless you obtain and pay for any public performance licenses.
E. LIMITATION OF WARRANTIES AND LIABILITY
La Harpe, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“La Harpe GROUP”) MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. THE La Harpe GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE La Harpe GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE La Harpe GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE La Harpe GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE La Harpe GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.
F. Pole Attachments
If La Harpe makes use of poles owned by the local telephone company and/or the electric company, the continued use of these poles is in no way warranted by La Harpe. You agree that you will make no claim or take any action against La Harpe or utility if Service to be provided by La Harpe hereunder is disrupted or discontinued due to unavailability of the poles.
G. Breach of Agreement
If you breach this Agreement, or any other agreement referenced herein, La Harpe has the right to terminate this Agreement and enter your premises to remove its equipment. La Harpe failure to require your strict performance of any term of this Agreement shall not be construed as a waiver of La Harpe’s right to require strict performance of the same or any other term or condition in this Agreement.
H. Entire Agreement
This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between La Harpe and you for the Services and Equipment. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.