Residential Service Agreement
This Residential Service Agreement (“Agreement”) describes certain terms under which Remarkable Wifi, LLC (dba “Circle City Internet”) will provide fiber-optic broadband services (the “Service”) to subscribers. Please read the below terms carefully, as they are legally binding.
1. TERMS OF SERVICE AND COMPLIANCE. Subscriber agrees to comply with all terms contained within this Agreement and to comply with CIRCLE CITY INTERNET’s policies, rules, and price schedules related to the Service. This Agreement, along with CIRCLE CITY INTERNET’s policies, rules, and price schedules, are collectively referred to herein as the “Terms of Service.” The Terms of Service constitute a binding contract between the Subscriber and CIRCLE CITY INTERNET. The Subscriber acknowledges and agrees that the Terms of Service may change from time to time following notice of such change and will remain contractually binding. The Subscriber’s signing of the Participation Form at the time service is requested and use of the Service shall be deemed acknowledgment that the Subscriber has read and agreed to all the Terms of Service, including this Agreement.
2. OWNERSHIP OF THE SERVICE LOCATION. The Subscriber represents that it lawfully owns the real property at which the Subscriber is to receive the Service (the “Service Location), or that the Subscriber has the permission of such owner(s) to enter this Agreement.
3. BILLING AND PAYMENT. The Subscriber agrees to pay all current and future rates, fees, deposits, and other charges related to the Service, including installation fees (if applicable) covering non-standard installation for one data connection, and WiFi extenders (if applicable). The Subscriber agrees that failure to pay all rates, fees, and charges may result in termination of Service and CIRCLE CITY INTERNET’s immediate collection of all amounts owed. The installation fee (if applicable) is due upon scheduling of the install. The first bill will include the upcoming month’s service plus the prorated amount for the bill for the month of install. The billing period covers the first day through the last day of the month. The bill will be generated on the last business day of each month and will have a due date of the 10th of each month. A late fee of 5% of the total due will be assessed if the account is not paid in full by the 10th of the following month. Accounts not paid in full by the 15th of the following month will be disconnected. If the account is disconnected for non-payment, the account must be made current before Services may be reconnected.
4. TERM OF AGREEMENT AND TERMINATION BY SUBSCRIBER. This Agreement is for no fixed term, and Subscriber can cancel Service at any time. The Router/Gateway, wireless extender(s), if any, and Optical Network Terminal (“ONT”) on the Subscriber’s premises remain the property of CIRCLE CITY INTERNET respectively and must be returned to CIRCLE CITY INTERNET upon cancellation or discontinuation of Service in accordance with paragraph 10 hereof.
5. TERMINATION BY REMARKABLE WIFI, LLC. Notwithstanding anything else in this Agreement, CIRCLE CITY INTERNET may terminate or decline to provide Service to Subscriber at any time for non-payment or for any other breach of the Terms of Service.
6. COMPLIANCE WITH APPLICABLE LAWS. Subscriber agrees not to use the Service in a way prohibited by the Terms of Service or by local, state, or federal law, including but not limited to trademark, copyright or other intellectual property laws.
7. GRANT OF EASEMENT. As a condition of receiving Service, and without financial compensation, Subscriber grants to CIRCLE CITY INTERNET (or, at CIRCLE CITY INTERNET’s direction, to a third party) a perpetual commercial communications easement on and through the Service Location to provide data and voice services on transport fiber, distribution fiber, and service extension fiber, if applicable, for Service to both the Subscriber and to other subscribers, and to perform necessary maintenance, service upgrades, and periodic right-of-way maintenance. If the electric utility facilities cross the Service Location, these easements will generally, but are not required to, follow those facilities.
8. INSTALLATION PROCESS. CIRCLE CITY INTERNET will use best practices when installing a fiber service drop to the Subscriber’s premises. It shall be the Subscriber’s responsibility to notify CIRCLE CITY INTERNET if a desired route is requested. No one is required to be present for the service drop installation, so prior notification of this step will not be provided unless an issue is encountered. It is also the responsibility of the Subscriber to notify CIRCLE CITY INTERNET if underground equipment (i.e. sprinklers, underground pet fences, etc.) are installed on the Subscriber’s premises. After the drop service has been installed, an CIRCLE CITY INTERNET representative will contact the Subscriber to schedule the in-home installation, and an adult over 18 years of age will be required to be present. Subscribers renting or leasing must have the Landlord or Property Manager’s written permission for installation prior to the service drop construction and the arrival of the CIRCLE CITY INTERNET installer for the in-home installation. Proper installation may require drilling through interior and/or exterior walls in order to run wire and installing outside and interior equipment.
9. SERVICE LEVEL GUARANTEES. The Subscriber understands and agrees that CIRCLE CITY INTERNET does not guarantee that any particular amount of bandwidth on the Service will be made available to the Subscriber or that any speed or throughput of the Subscriber’s connection to the Service will be available to the Subscriber. The Service is subject to both scheduled and unscheduled maintenance outages; however, CIRCLE CITY INTERNET will strive to minimize the impact of scheduled maintenance outages. The Subscriber understands that the Service requires electricity at the Service Location and, if an electrical outage occurs, the Service (which may include telephone) will not function. The Subscriber’s CIRCLE CITY INTERNET-provided Gigabit Passive Optical Network (GPON) optical network terminal (ONT) is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, the Router/Gateway will not receive power. If this were to happen, the Subscriber’s phone service, including any medical or security alert systems, like E911, will not be available to the Subscriber unless the ONT and phone are powered by an Uninterruptible Power Supply (UPS). If the Subscriber has a medical alert system or security equipment, they are strongly encouraged to utilize and maintain a battery back-up. It is the responsibility of the Subscriber to provide, maintain, monitor, and/or replace the battery back-up.
10. CIRCLE CITY INTERNET EQUIPMENT AND SOFTWARE. CIRCLE CITY INTERNET’s equipment is designed to be used on the premises in which service is installed. The equipment that CIRCLE CITY INTERNET installs in your home or business is the property of CIRCLE CITY INTERNET. In the event that the Subscriber relocates, or if the Service is disconnected or terminated for any reason, the Subscriber must return the Router/Gateway and, if applicable, any wireless extender(s) or other equipment to the CIRCLE CITY INTERNET office. If the units are not returned, a $300 fee will be assessed to cover the cost of such equipment. The Subscriber assumes the risk of loss, theft, or damage to the equipment at all times prior to the removal of the units by CIRCLE CITY INTERNET or return of the units by the Subscriber.
11. SUBSCRIBER EQUIPMENT. The Subscriber is responsible for maintaining the wiring and all other applicable devices which the Service Location needs to utilize the Service. The Subscriber is responsible for meeting and complying with the minimum computer, device, and system requirements established by CIRCLE CITY INTERNET and contained herein.
12. MANAGED WIFI/WHOLE-HOME WIFI. Circle City Internet provides managed WiFi, or whole-home WiFi as a service to qualifying subscribers. Circle City Internet cannot guarantee that the entire home will be covered with contiguous WiFi service, as there are many factors within homes that will interfere with WiFi signals. Circle City Internet will make every effort to reasonably cover a 1,500 square foot home.
13. TECHNICAL SUPPORT. Unless otherwise provided by the Terms of Service, CIRCLE CITY INTERNET does not provide technical support or assistance with third-party hardware or software.
14. PRIVATE NETWORK. The Subscriber agrees and understands that CIRCLE CITY INTERNET may utilize the wireless component in the ONT or Router/Gateway in order to extend the coverage of a private network for internal or external use independent of the Subscriber’s network or services which will not impede or restrict access to the Subscriber’s services.
15. LIMITATION OF LIABILITY. The Subscriber agrees that in the event of a loss of Service due to defective software or equipment provided by CIRCLE CITY INTERNET, Subscriber’s sole remedy shall be receipt of a credit to Subscriber’s account in the amount of one month’s charge for the Service, and to have CIRCLE CITY INTERNET replace or repair any such defective software or equipment provided by CIRCLE CITY INTERNET. Except as expressly stated in the preceding sentence, CIRCLE CITY INTERNET, its officers, operating managers, owners, parent company, employees, affiliates, and agents (“CIRCLE CITY INTERNET Parties”) will not be liable for any interruptions in service or the effects therefrom, or liable for any delay or failure to perform, nor for any indirect, incidental, special, punitive or consequential damages that arise out of or relate to this agreement or the Service provided hereunder, including without limitation business interruption, lost profits, computer failure or malfunction, any damages for loss of data resulting from delays, non-deliveries, misdeliveries or service interruptions. In no event shall the CIRCLE CITY INTERNET Parties have any liability for special, indirect, incidental or consequential damages relating to the equipment or resulting from CIRCLE CITY INTERNET furnishing or failing to furnish any services or equipment to the Subscriber or from any fault, failure, deficiency or defect in services or equipment furnished to the Subscriber.
16. NO WARRANTY. CIRCLE CITY INTERNET DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE, NOR DOES IT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, MALWARE, SPAM, POPUP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS. CIRCLE CITY INTERNET DOES NOT WARRANT THAT ANY DATA OR FILES THE SUBSCRIBER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO THE SUBSCRIBER’S INFORMATION. THE SERVICE AND CIRCLE CITY INTERNET EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE, EQUIPMENT, AND SOFTWARE CIRCLE CITY INTERNET PROVIDES, AND CIRCLE CITY INTERNET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE CIRCLE CITY INTERNET EQUIPMENT, SOFTWARE OR ANY SERVICE FURNISHED TO THE SUBSCRIBER, ALL OF WHICH WARRANTIES ARE EXPRESSLY EXCLUDED.
17. INDEMNITY. The Subscriber shall defend, indemnify, and hold harmless CIRCLE CITY INTERNET, along with their directors, officers, employees, affiliates and agents, from and against any third party claims, damages, losses, attorney’s fees, and expenses relating to or arising from the Subscriber’s breach of the Terms of Service.
18. SUCCESSORS AND ASSIGNS. CIRCLE CITY INTERNET’s rights and obligations under this Agreement shall accrue to and inure to the benefit of CIRCLE CITY INTERNET’s corporate parent, affiliates, successors and assigns. The Subscriber may not sell, transfer, or assign this Agreement to a third party without CIRCLE CITY INTERNET’s prior written consent.
19. JURISDICTION. The Subscriber agrees that exclusive jurisdiction for any claim or dispute with CIRCLE CITY INTERNET relating to this Agreement or any other Terms of Service shall be in the courts of Arizona and that this Agreement shall be governed by Arizona law. If legal action is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
20. CONSENT TO COMMUNICATIONS. The Subscriber consents to receive communications from CIRCLE CITY INTERNET relating to the Service by any commercially reasonable method, including regular U.S. mail, email, text messages, and phone calls. The Subscriber may opt out of any non-emergency or non-billing communications by contacting the CIRCLE CITY INTERNET office.
21. SECURITY. The Subscriber agrees that using the Service presents certain security risks that may enable other Internet users to gain access to or use of Subscriber’s equipment or information. The Subscriber is solely responsible for taking all appropriate security measures when using the Service, and agrees that neither CIRCLE CITY INTERNET, nor their officers, employees, affiliates or agents, shall be responsible for security or information breaches. The Subscriber agrees that CIRCLE CITY INTERNET may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam.
22. AMENDMENT OF TERMS OF SERVICE. CIRCLE CITY INTERNET reserves the right to modify the Terms of Service at any time by posting changes online at www.circlecityinternet.com. The Subscriber’s continued use of the Service following online notice of such modification shall be deemed to be the Subscriber’s acceptance of any such modification. If the Subscriber does not agree to any modification of the Terms of Service, the Subscriber must immediately cease using the Service and notify CIRCLE CITY INTERNET that the Subscriber is terminating the Service.
23. ENTIRE AGREEMENT. The Terms of Service are the only terms and conditions that govern the Service. No undertaking, representation or warranty made by any agent or representative of CIRCLE CITY INTERNET in connection with the sale, installation, maintenance or removal of the Service shall modify or amend the Terms of Service.
24. COVID-19 WAIVER. WHEREAS, Customer desires to have internet services installed in his/her/their/its home or business (the “Installation”) provided by Remarkable Wifi, LLC, a Arizona limited liability company d/b/a Circle City Internet, and the “Installers”.
WHEREAS, Customer is aware of and acknowledges that there exists a current worldwide pandemic caused by the COVID-19 virus and that the Centers for Disease Control have issued recommendations and guidelines relative to said COVID-19 virus, including guidelines regarding individuals coming into contact with each other. Customer understands the risks inherent in having Installers complete the Installation in Customer’s home or business, including, but not limited to the risk of contact between Customer and Installers, and nevertheless desires to have Installers complete such Installation.
NOW, THEREFORE, in exchange for the Installers agreeing to perform the Installation, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer hereby covenants and agrees as follows.
CUSTOMER IS AWARE AND UNDERSTANDS THAT THE INSTALLATION MAY INVOLVE EMPLOYEES, AGENTS, CONTRACTORS AND/OR TECHNICIANS OF INSTALLERS ENTERING INTO CUSTOMER’S DWELLING OR PLACE OF BUSINESS AND COMING INTO CONTACT WITH CUSTOMER OR OTHERS PERSONS THEREIN. CUSTOMER IS AWARE AND UNDERSTANDS THAT THE INSTALLATION MAY INVOLVE THE RISK OF EXPOSURE OF CUSTOMER AND OTHER PERSONS AT CUSTOMER’S DWELLING OR BUSINESS TO THE COVID-19 VIRUS, AND THAT SUCH EXPOSURE MAY RESULT IN SERIOUS INJURY AND/OR DEATH. HAVING KNOWLEDGE OF THE POTENTIAL RISKS INVOLVED, CUSTOMER VOLUNTARILY REQUESTS THAT THE INSTALLERS PROCEED WITH THE INSTALLATION AND CUSTOMER HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, OR DEATH RELATED TO CONTRACTION OF THE COVID-19 VIRUS, AND TO HOLD INSTALLERS HARMLESS FROM THE SAME, WHETHER CAUSED BY THE NEGLIGENCE OF THE INSTALLERS OR OTHERWISE.
Customer hereby expressly waives and releases any and all claims, now known or hereafter known, against each of the Installers, and their officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, death, or property damage arising out of, related to, incident to or attributable to the Installation or coming into contact with the Installers or Releasees, whether arising out of the negligence of the Installers or any Releasees or otherwise. Customer covenants forever not to make or bring any claim, demand, action, cause of action or suit of any kind or nature against any of the Installers or any other Releasee, arising out of, related to or incident to the Installation or coming into contact with the Installers or Releasees, and forever releases and discharges each of the Installers and all other Releasees from liability under such claims. Customer acknowledges and agrees that Installers would not perform the Installation without Customer executing this Agreement, and that Customer has not been pressured to enter into this Agreement. Customer shall defend, indemnify, and hold harmless each of the Installers and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, arising out or resulting from any claim of a third party related to the Installation.
This Agreement constitutes the sole and entire agreement of the Customer with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. This Agreement is binding on and shall inure to the benefit of the Installers and Customer and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Maricopa County, Arizona and Customer hereby consents to the exclusive jurisdiction of such courts.
The Residential Services Agreement may be electronically signed by the Subscriber by checking a box on the CIRCLE CITY INTERNET registration website.