Terms & Conditions

WIRELESSFL SERVICE AGREEMENT – GENERAL TERMS AND CONDITIONS OF SERVICE

Terms and Conditions. These General Terms and Conditions govern any and all communications services (“Service”) and ancillary equipment (“Equipment”) you order and receive from Advanced Satellite Systems, Inc. d/b/a WirelessFL (together with any subsidiaries or affiliates providing any Service or Equipment, “we,” “us,” or the “Company”). These General Terms and Conditions of Service are incorporated into your Service Agreement. By ordering and accepting Service, you agree to adhere to these General Terms and Conditions, including any modifications to such terms and conditions as we may communicate to you from time to time. If you fail to comply with these General Terms and Conditions, your Service may be suspended or disconnected.
Additional Terms. Our Services are diverse, so sometimes additional terms and conditions will apply. For example, Service will or may be subject to (a) your Service Application/Agreement; (b) the Company’s Service-specific Terms and Conditions; (c) the Company’s Acceptable Use Policy; and (d) your selected Service Package(s) (items (a)-(d) collectively, the “Additional Terms”), each of which you should read carefully before ordering or activating any Service. By accepting Service, you agree to adhere to all Additional Terms applicable to your Service, including any modifications to such terms and conditions as we may communicate to you from time to time. If you fail to comply with any applicable Additional Terms, your Service may be suspended or disconnected.
Rates; Invoicing. Nonrecurring and recurring charges for Service are as set forth in your selected Service Package and/or the rate schedules maintained by the Company, current versions of which are available upon request. All Service charges, along with applicable local, state and federal taxes, regulatory assessments, fees and charges, cost recovery charges and other applicable charges and fees will be itemized on your invoice. You must pay all charges for your Service, including all applicable taxes, fees and surcharges, by the due date on the invoice. If you have signed up for electronic billing, we will not mail you a paper invoice. Invoice information will remain available in your account information or by calling us at our customer service number. Failure to pay invoices when due may result in late payment fees of $15.00 and/or other penalties, including suspension or disconnection of Service. An additional installation charge, deposit, and/or a minimum service term may be required to restore Service. Additionally, your prior Service Package may no longer be available after disconnection has occurred. In order to restore disconnected Service, you may be required to select a new Service Package with the rates, features, and terms offered at the time of restoration of Service. If we don’t receive your payment before the next billing cycle, you agree to pay any costs and expenses associated with our collections efforts, including attorneys’ fees. We may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Our acceptance of late or partial payment and late payment charges will not constitute waiver of any of our rights to collect the full amount due.
Service Term. Depending on the Service Package you select, you may receive Service for an agreed minimum term (your “Contract Term”). In the absence of any Contract Term or after any Contract Term has expired, you will receive Service on a month-to-month basis until Service is canceled by you or disconnected by us in accordance with your Service Agreement. If you select a Contract Term, you understand that you have received a special rate and/or we have incurred costs in exchange for your commitment to the full Contract Term. If your Service is downgraded, canceled or disconnected prior to the end of your Contract Term, you may be charged an early termination fee (“ETF”) of $6.25 for each full month remaining on your Contract Term (i.e., the ETF when 12 months are remaining on your Contract Term is $75.00) If your pricing is based on a bundled package of Service, downgrading, canceling or disconnecting any Service within the bundle may, in addition to an ETF, result in increased pricing for the remaining Services. ETFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Changes to Terms. We reserve the right to change these General Terms and Conditions. If a change occurs, we will provide written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication. You may, within fourteen (14) days of your receipt of notice of any such change, cancel your Service Agreement; provided that no early termination fee will apply if the communicated change would materially adversely modify the terms (including price) of Service or your rights under your Service Agreement. If you elect not to cancel your Service Agreement and continue to use Service after receiving notice of such changes, your continued use of Service will constitute acceptance of the changed terms and conditions.
Credit Check; Deposits. In connection with your request or application for any Service, we may conduct an investigation into your credit-worthiness, including obtaining one or more reports or ratings from one or more independent credit reporting or credit scoring agencies. We may require a deposit for you to establish Service or obtain Equipment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history and any applicable laws or regulations. If Service is canceled or disconnected for any reason, we may, subject to applicable law and regulations, apply your deposit toward payment of outstanding charges.
Service Accounts. Service accounts are assigned to customers only, and the customer in whose name the account is established will be treated as the account owner for all purposes. Account owners may designate one or more “authorized users” who will have access to account information and may make certain account changes in accordance with our policies. As the owner of the account, you are responsible for designating (or changing the designation of) any authorized users. You will hold the Company harmless from any claims arising from account instructions given or inquiries made by you or any authorized user. You may not assign or transfer your rights or obligations under your Service Agreement without our express written consent. Unless consent is granted, all accounts must be closed and reopened under the name of a new customer for issuance of a new account number. You are responsible for keeping all billing data with the Company up-to-date and accurate. Furnishing false data to the Company is grounds for immediate disconnection of service and may subject you to civil or criminal liability.
Equipment. Equipment is provided to you for the term of Service and solely for your use in connection with lawfully receiving and using Service. We may from time to time sell you certain Equipment at a price and otherwise on such terms as are specified in a purchase order or equipment purchase agreement. Ownership of, and title to, any purchased Equipment shall transfer to you at the time of sale. You will bear all risk of loss, theft or damage to purchased Equipment. We may from time to time lease to you certain Equipment at a price and otherwise on such terms as specified in a service order or equipment lease. In connection with certain Service Packages, Equipment may be licensed to you at no additional charge. All leased or licensed Equipment remains the property of the Company and must be maintained and returned as provided herein. You may elect to independently acquire or supply equipment (“Customer Supplied Equipment” or “CSE”) instead of buying, leasing or using Equipment provided directly by us. The Company shall not be responsible in any way for the compatibility or fitness for use of any CSE, including any end-user devices. We will install Equipment provided by us in accordance with our policies as in effect from time to time. You acknowledge that the Company is not the manufacturer of, nor a dealer in, any Equipment.
Access to Premises. We may enter into, upon and over your premises periodically during the term of this Agreement to install, connect, inspect, maintain, repair, alter, disconnect and remove Equipment and facilities. To the extent the same is consistent with your ownership of the premises, you grant the Company a temporary and permanent easement to construct, install, maintain, and/or replace Service facilities and to install, connect, inspect, maintain, repair, alter, disconnect and remove all Equipment necessary to provide Service. In the event you are not the owner of the premises upon which installation is requested, you warrant to the Company that you have obtained the consent of the owner of the premises for the Company to install and maintain its Equipment as contemplated herein.
Safekeeping of Equipment. You are responsible for the safekeeping of all Equipment placed in or on your premises. The Company has no responsibility for replacing Equipment destroyed or damaged by your misuse, abuse or neglect. In the event that any Equipment provided by the Company is destroyed, damaged (ordinary wear and tear excepted), lost or stolen while in your possession, you may be liable to the Company for an equipment recovery fee (“ERF”) up to the full cost of repair or replacement of such Equipment.
Return of Equipment. If you cancel Service or if Service is disconnected by us, then you must return any leased or licensed Equipment to the Company during regular business hours, Monday through Friday (except holidays). Do not return Equipment by mail or delivery service, unless packaging material has been approved or provided by the Company. The Equipment must be returned to the Company in the same condition that you received it, except for normal wear and tear. All Equipment must be returned to the Company’s business office or an alternative location designated by the Company at the time of cancelation or disconnection. If you are unable to travel to the Company’s business office or other designated location to return the Equipment, you may request pick-up. Provision of pick-up service is solely at the Company’s option and the Company’s refusal or failure to provide pick-up service will not excuse your obligation to return Equipment. If the Company agrees to provide pick-up service, pick-up will occur during the business week and only during regular business hours. There may be a fee for pick-up, which you will be informed of when you request pick-up service and which will be payable at time of pick-up. If you fail to return Equipment at the time of cancellation or disconnection of Service, you will be billed an ERF in an amount up to the full cost of replacement of such Equipment. ERFs will be applied to your next bill and are due upon receipt. If equipment is returned in good working condition within sixty (60) days from the date of cancellation or disconnection of Service, the Company will credit back the full amount of the ERF. ERFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Service and Repairs. The Company undertakes reasonable efforts to maintain its network and respond to service or trouble calls in a timely manner. The Company will use commercially reasonable efforts to repair damage to Company-provided Equipment or interruption of Service due to reasonable wear and tear or technical malfunction. Support, including diagnostics, servicing and repairs, will normally be provided during regular business hours, Monday through Friday (except holidays). Service and repair of all outside wiring, up to and including the network interface device (NID) and optical network terminal (ONT) installed at the premises, are a company responsibility and are covered by the recurring fees you pay for Service. Recurring fees do not cover service or repairs to Service jacks, inside wiring, internal Wi-Fi networks, or Customer Supplied Equipment, which are a customer responsibility. Recurring fees do not cover service or repairs to licensed Equipment or leased Equipment due to causes other than ordinary wear and tear or technical malfunction, which are a customer responsibility. For service and repairs which are a Company responsibility, we will send a technician to your service premises to perform diagnostics and repair the problem at no cost to you beyond the ordinary recurring charges. For service and repairs which are a customer responsibility, we will, at your request, perform diagnostics and/or make repairs, for which you will be billed at the standard hourly rate, including any applicable minimum charges for time and materials. For service and repairs which are a customer responsibility, use of the Company’s support and repair service is optional. You may elect to use other companies for such services or may do the work yourself.
Indemnification. You agree to hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, suit or action arising from or related to your abuse or misuse of any Service or Equipment, or any other violation of your Service Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or in connection with the same.
Disclaimer of Warranties. WE MAKE NO WARRANTIES WITH RESPECT TO ANY SERVICE OR EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES CONCERNING THE SPECIFIC FUNCTION OF ANY SERVICE OR EQUIPMENT, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR SPECIFIC NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Remedies. The Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: • an act or omission of an underlying carrier, service or content provider, vendor or other third party; • Equipment, network or facility failure; • Equipment, network or facility upgrade or modification; • force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; • Equipment, network or facility shortage; • Equipment or facility relocation; • Service, Equipment, network or facility failure caused by the loss of power; • any act or omission by you or any person using your Service or Equipment; or • any other cause that is beyond the Company’s control, including, without limitation, a failure of or defect in any hardware, software or Equipment. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER YOUR SERVICE AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR EQUIPMENT WE PROVIDED, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Conflicts of Terms. Your Service Agreement and our contractual relationship with you shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflicts of law. Any conflict among or between the terms and making up your Service Agreement will be resolved in accordance with the following order of precedence (from highest to lowest priority): (a) your Service Application/Agreement, including the terms of your selected Service Package; (b) the Service-Specific Terms and Conditions for each Service; (c) our Acceptable Use Policy; and (d) these General Terms and Conditions of Service.

WirelessFL SERVICE AGREEMENT – Internet TERMS AND CONDITIONS

Terms and Conditions. These Data Service Terms and Conditions govern high-speed, cable modem, fiber optic or fixed wireless Internet access service (“Service”) and ancillary equipment (“Equipment”) you order and receive from Advanced Satellite Systems, Inc. d/b/a WirelessFL (together with any subsidiaries or affiliates providing any Service or Equipment, “we,” “us,” or the “Company”). These Data Service Terms and Conditions are incorporated into your Service Agreement. By ordering and accepting Service, you agree to adhere to these Service-Specific Terms and Conditions, including any modifications to such terms and conditions as we may communicate to you from time to time. If you fail to comply with these Service-Specific Terms and Conditions, your Service may be suspended or disconnected. If there is a conflict between these Service-Specific Terms and Conditions and our General Terms and Conditions of Service, these Service-Specific Terms and Conditions will control for that conflict.
Change to Terms. We reserve the right to change these Service-Specific Terms and Conditions. If a change occurs, we will provide written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication. You may, within fourteen (14) days of your receipt of notice of any such change, cancel your Service Agreement; provided that no early termination fee will apply if the communicated change would materially adversely modify the terms (including price) of Service or your rights under your Service Agreement. If you elect not to cancel your Service Agreement and continue to use Service after receiving notice of such changes, your continued use of Service will constitute acceptance of the changed terms and conditions.
Additional Terms. Our Services are diverse, so sometimes additional terms and conditions will apply. For example, Service will or may be subject to (a) your Service Application/Agreement; (b) the Company’s General Terms and Conditions of Service; (c) the Company’s Acceptable Use Policy and Network Management Policy; and (d) your selected Service Package(s) (items (a)-(d) collectively, the “Additional Terms”), each of which you should read carefully before ordering or activating any Service. By accepting Service, you agree to adhere to all Additional Terms applicable to your Service, including any changes to such terms and conditions as we may communicate to you from time to time. If you fail to comply with applicable Additional Terms, your Service may be suspended or disconnected.
Service Package. For purposes of your Service Agreement, your “Service Package” includes the rates, pricing and features associated with your selected Service. Current rates for available Service Packages are listed online at our website or are available upon request by contacting us. From time to time, the Company may change its charges for any Service Package, including pricing for packages bundled with other services we offer. The Company will give you reasonable prior notice of increases or other changes in its charges in conformity with applicable legal and regulatory requirements.
Service Term. Depending on the Service Package you select, you may receive Service for an agreed minimum term (your “Contract Term”) as specified in your Service Package. In the absence of any Contract Term or after any Contract Term has expired, you will receive Service on a month-to-month basis until Service is canceled by you or disconnected by us in accordance with your Service Agreement. If you select a Contract Term, you understand that you have received a special rate and/or we have incurred costs in exchange for your commitment to the full Contract Term. If your Service is downgraded, canceled or disconnected prior to the end of your Contract Term, you may be charged an early termination fee (“ETF”) as specified in your Service Application/Agreement. ETFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Billing. Nonrecurring and recurring charges for Service are as set forth in your selected Service Package and/or the rate schedules maintained by the Company, current versions of which are available upon request. All Service charges, along with applicable local, state and federal taxes, regulatory assessments, fees and charges, cost recovery charges and other applicable charges and fees will be itemized on your invoice. You must pay all charges for your Service, including all applicable taxes, fees and surcharges, by the due date on the invoice. If you think your statement is incorrect or if you need more information about it, contact us immediately. We will try to resolve any complaints you have as promptly as we can. If you have signed up for electronic billing, we will not mail you a paper invoice. Invoice information will remain available in your account information or by calling us at our customer service number. Failure to pay invoices when due may result in late payment fees of $15.00 and/or other penalties, including suspension or disconnection of Service. An additional installation charge, deposit and/or a minimum service term may be required to restore Service. Additionally, your prior Service Package may no longer be available after disconnection has occurred. In order to restore disconnected Service, you may be required to select a new Service Package with the rates, features, and terms offered at the time of restoration of Service. For more details, refer to your monthly bill or contact a customer service representative. If we don’t receive your payment before the next billing cycle, you agree to pay any costs and expenses associated with our collection’s efforts, including attorneys’ fees. We may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Our acceptance of late or partial payment and late payment charges will not constitute waiver of any of our rights to collect the full amount due.
Use of Service. By activating and using Service, you agree to use Service in accordance with these Terms and Conditions and the Additional Terms. Service may not be resold or otherwise used in any unlawful or unauthorized manner. Without limiting the preceding, Service is subject to (a) your compliance with our Acceptable Use Policy for Data Service, as amended from time to time and (b) our use of reasonable network management practices in accordance with our Network Management Policy, as amended from time to time. We reserve the right to terminate or suspend your Service immediately or to otherwise disconnect, remove, block, filter or restrict your use of Service if we determine that your use violates the Acceptable Use Policy. We reserve the right to manage our network and network resources as set forth in our Network Management Policy. Subject to applicable legal and regulatory requirements, we reserve the right to modify the Acceptable Use Policy and Network Management Policy from time to time. We will provide you with commercially reasonable notice of any such changes, including notice of immediately effective changes if reasonably required under specific circumstances. Notice of such changes may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication. If you continue to use Service after receiving notice of such changes, your continued use of Service will be subject to the Acceptable Use Policy and/or Network Management Policy, as amended.
Equipment. Equipment is provided to you for the term of Service and solely for your use in connection with lawfully receiving and using Service. We may from time to time sell you certain Equipment at a price and otherwise on such terms as are specified in a purchase order or equipment purchase agreement. Ownership of, and title to, any purchased Equipment shall transfer to you at the time of sale. You will bear all risk of loss, theft or damage to purchased Equipment. We may from time to time lease to you certain Equipment at a price and otherwise on such terms as specified in a service order or equipment lease. In connection with certain Service Packages, Equipment may be licensed to you at no additional charge. All leased or licensed Equipment remains the property of the Company and must be maintained and returned as provided herein. We will install Equipment provided by us in accordance with our policies as in effect from time to time. If Equipment is damaged, lost or stolen while in your possession, or if you fail to return Equipment at the time of cancellation or disconnection of Service, you will be billed an equipment recovery fee (“ERF”) in an amount up to the full cost of replacement of such Equipment. ERFs will be applied to your next bill and are due upon receipt. If equipment is returned in good working condition within sixty (60) days from the date of cancellation or disconnection of Service, the Company will credit back the full amount of the ERF. ERFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Customer Equipment. Service requires certain minimum system requirements for your computers, devices and operating systems. You are solely responsible for providing a personal or laptop computer or other device, operating system and all ancillary customer supplied equipment (“CSE”) necessary to access Service. We make no representations, warranties or assurances regarding the capability or suitability of any CSE, hardware, software or other devices or equipment independently purchased or otherwise owned by you. We make no representations, warranties or assurances that CSE, hardware, software or other devices or equipment independently purchased or otherwise owned by you will be compatible with Service or will not be impaired or damaged.
Information and Security. Access to and use of any information or data obtained by you via use of Service is at your own risk, and the Company is not responsible for the accuracy, reliability or security of such information. The Company makes no attempt to verify accurate receipt of any messages and we are not responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, viruses, e-mail filtering, Service interruptions, etc. We are not responsible for providing any type of anti-virus, firewall or filtering software. Set-up, maintenance and use of such programs are solely your responsibility. We make no representations, warranties or assurances regarding the security of any system or network or the protection or privacy of email or other information transferred or communicated through the Internet or any other system or network. The Company shall not be liable for any breach of security arising from or in connection with your use of Service. To the extent permitted by law, you agree to indemnify and hold harmless the Company and its affiliates, officers, agents and employees from any and all claims, suits or actions arising from or related to your use of the Internet.
Termination of Service. You may cancel Service at any time by notifying the Company and directly surrendering any Equipment provided by the Company in accordance with our General Terms and Conditions of Service. If Service is disconnected or canceled prior to the end of any applicable Contract Term, you may be charged an ETF as specified in your Service Application/Agreement. In addition to any ETF or ERF, account holders are liable for all Service rendered by the Company prior to your notice of intent to terminate Service until the time that all Equipment is returned. Information regarding an intended moving or disconnection date must be communicated to the Company business office during normal business hours.
Suspension or Disconnection of Service. The Company reserves the right to suspend or discontinue Service generally, or to disconnect your Service, at any time in its sole and absolute discretion. If the Company discontinues Service generally, or disconnects your Service without cause, you will only be responsible for charges (if any) accrued and unpaid through the date of disconnection, including a pro-rated portion of the final month’s charges. If your Service is disconnected on account of your breach of any provision of the Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges plus the applicable ETF or ERF (if any), all of which will immediately become due and payable.
Customer Privacy. We collect personally identifiable information as needed to provide Service and/or other ancillary services to subscribers or to detect unauthorized reception of Service. The use and disclosure of this personal data is governed by federal law, our Privacy Policy and, to the extent not inconsistent with our Privacy Policy, by your Service Agreement. A copy of our Privacy Policy is available on our website. We will also send you a copy of our Privacy Policy if you send your written request to the address of our business office as shown on your invoice.

WIRELESSFL SERVICE AGREEMENT – CABLE/TELEVISON SERVICE TERMS AND CONDITIONS

Terms and Conditions. These Video Service Terms and Conditions govern video programming service (“Service”) and ancillary equipment (“Equipment”) you order and receive from Advanced Satellite Systems, Inc. d/b/a WirelessFL (together with any subsidiaries or affiliates providing any Service or Equipment, “we,” “us,” or the “Company”). These Video Service Terms and Conditions are incorporated into your Service Agreement. By ordering and accepting Service, you agree to adhere to these Service-Specific Terms and Conditions, including any modifications to such terms and conditions as we may communicate to you from time to time. If you fail to comply with these Service-Specific Terms and Conditions, your Service may be suspended or disconnected. If there is a conflict between these Service-Specific Terms and Conditions and our General Terms and Conditions of Service, these Service-Specific Terms and Conditions will control for that conflict.
Change to Terms. We reserve the right to change these Service-Specific Terms and Conditions. If a change occurs, we will provide written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication. You may, within fourteen (14) days of your receipt of notice of such change, cancel your Service Agreement; provided that no early termination fee will apply if the communicated change would materially adversely modify the terms (including price) of Service or your rights under your Service Agreement. If you elect not to cancel your Service Agreement and continue to use Service after receiving notice of such changes, your continued use of Service will constitute acceptance of the changed terms and conditions.
Additional Terms. Our Services are diverse, so sometimes additional terms and conditions will apply. For example, Service will or may be subject to (a) your Service Application/Agreement; (b) the Company’s General Terms and Conditions of Service; (c) the Company’s Acceptable Use Policy; and (d) your selected Service Package(s) (items (a)-(d) collectively, the “Additional Terms”), each of which you should read carefully before ordering or activating any Service. By accepting Service, you agree to adhere to all Additional Terms applicable to your Service, including any changes to such terms and conditions as we may communicate to you from time to time. If you fail to comply with applicable Additional Terms, your Service may be suspended or disconnected.
Service Package. For purposes of your Service Agreement, your “Service Package” includes the rates, pricing and features associated with your selected Service. All programming selections have their own rates, terms, and conditions and are subject to change at any time. Current programming and the rates for available Service Packages are listed online at our website or are available upon request by contacting us. From time to time, the Company may change or delete specific programming, and may change its charges for any Service Package, including pricing for packages bundled with other services we offer. The Company will give you reasonable prior notice of increases or other changes in its charges in conformity with applicable legal and regulatory requirements. You understand and agree that, without liability to us, the content, programs, and/or formats of any programming service may be discontinued, modified, or changed by the owners of such services at any time without prior notice to you. The Company cannot control the lawful “blacking out” of certain special events or programs, and the Company has no responsibility for such matters.
Service Term. Depending on the Service Package you select, you may receive Service for an agreed minimum term (your “Contract Term”) as specified in your Service Package. In the absence of any Contract Term or after any Contract Term has expired, you will receive Service on a month-to-month basis until Service is canceled by you or disconnected by us in accordance with your Service Agreement. If you select a Contract Term, you understand that you have received a special rate and/or we have incurred costs in exchange for your commitment to the full Contract Term. If your Service is downgraded, canceled or disconnected prior to the end of your Contract Term, you may be charged an early termination fee (“ETF”) as specified in your Service Application/Agreement. ETFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Billing. Nonrecurring and recurring charges for Service are as set forth in your selected Service Package and/or the rate schedules maintained by the Company, current versions of which are available upon request. All Service charges, along with applicable local, state and federal taxes, regulatory assessments, fees and charges, cost recovery charges and other applicable charges and fees will be itemized on your invoice. You must pay all charges for your Service, including all applicable taxes, fees and surcharges, by the due date on the invoice. If you think your statement is incorrect or if you need more information about it, contact us immediately. We will try to resolve any complaints you have as promptly as we can. If you have signed up for electronic billing, we will not mail you a paper invoice. Invoice information will remain available in your account information or by calling us at our customer service number. Failure to pay invoices when due may result in late payment fees of $15.00 and/or other penalties, including suspension or disconnection of Service. An additional installation charge, deposit and/or a minimum service term may be required to restore Service. Additionally, your prior Service Package may no longer be available after disconnection has occurred. In order to restore disconnected Service, you may be required to select a new Service Package with the rates, features, and terms offered at the time of restoration of Service. For more details, refer to your monthly bill or contact a customer service representative. If we don’t receive your payment before the next billing cycle, you agree to pay any costs and expenses associated with our collection’s efforts, including attorneys’ fees. We may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Our acceptance of late or partial payment and late payment charges will not constitute waiver of any of our rights to collect the full amount due.
Use of Service. We provide Service only for your private non-commercial use, enjoyment, and home viewing. With the exception of designated commercial packages, video programming may not be viewed in areas open to the public or in commercial establishments. You may not rebroadcast, transmit, or perform the programming, charge admission for its viewing, or transmit or distribute running accounts of it. You may not use any of our trademarks. The Company or any programming provider may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Federal Communications Commission (FCC), and other applicable laws and/or regulations.
Equipment. Equipment is provided to you for the term of Service and solely for your use in connection with lawfully receiving and using Service. We may from time to time sell you certain Equipment at a price and otherwise on such terms as are specified in a purchase order or equipment purchase agreement. Ownership of, and title to, any purchased Equipment shall transfer to you at the time of sale. You will bear all risk of loss, theft or damage to purchased Equipment. We may from time to time lease to you certain Equipment at a price and otherwise on such terms as specified in a service order or equipment lease. In connection with certain Service Packages, Equipment may be licensed to you at no additional charge. All leased or licensed Equipment remains the property of the Company and must be maintained and returned as provided herein. You may elect to independently acquire or supply equipment (“Customer Supplied Equipment” or “CSE”) instead of buying, leasing or using Equipment provided directly by us. The Company shall not be responsible in any way for the compatibility or fitness for use of any CSE, including any end-user devices. We will install Equipment provided by us in accordance with our policies as in effect from time to time. If Equipment is damaged, lost or stolen while in your possession, or if you fail to return Equipment at the time of cancellation or disconnection of Service, you will be billed an equipment recovery fee (“ERF”) in an amount up to the full cost of replacement of such Equipment. ERFs will be applied to your next bill and are due upon receipt. If equipment is returned in good working condition within sixty (60) days from the date of cancellation or disconnection of Service, the Company will credit back the full amount of the ERF. ERFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Termination of Service. You may cancel Service at any time by notifying the Company and directly surrendering any Equipment provided by the Company in accordance with our General Terms and Conditions of Service. If Service is disconnected or canceled prior to the end of any applicable Contract Term, you may be charged an ETF as specified in your Service Application/Agreement. In addition to any ETF or ERF, account holders are liable for all Service rendered by the Company prior to your notice of intent to terminate Service until the time that all Equipment is returned. Information regarding an intended moving or disconnection date must be communicated to the Company business office during normal business hours.
Suspension or Disconnection of Service. The Company reserves the right to suspend or discontinue Service generally, or to disconnect your Service, at any time in its sole and absolute discretion. If the Company discontinues Service generally, or disconnects your Service without cause, you will only be responsible for charges (if any) accrued and unpaid through the date of disconnection, including a pro-rated portion of the final month’s charges. If your Service is disconnected on account of your breach of any provision of the Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges plus the applicable ETF or ERF (if any), all of which will immediately become due and payable.
Customer Privacy. We collect personally identifiable information as needed to provide Service and/or other ancillary services to subscribers or to detect unauthorized reception of Service. The use and disclosure of this personal data is governed by federal law, our Privacy Policy and, to the extent not inconsistent with our Privacy Policy, by your Service Agreement. A copy of our Privacy Policy was provided to you at the time of installation of Service and is available on our website. We will also send you a copy of our Privacy Policy if you send your written request to the address of our business office as shown on your invoice.

SERVICE APPLICATION/AGREEMENT

Service Agreement. The communications services (“Service”) and ancillary equipment (“Equipment”) provided to you by Advanced Satellite Systems, Inc. d/b/a WirelessFL (together with any subsidiaries or affiliates providing your Service or Equipment, “we,” “us,” or the “Company”) are subject to:

(a) this Service Application/Agreement, including the terms of your selected Service Package;

(b) the Service-Specific Terms and Conditions or Service Catalog for each Service;

(d) our General Terms and Conditions of Service (items (a) – (d) collectively, your “Service Agreement”).

For purposes of your Service Agreement, your “Service Package” includes the rates, pricing and features associated with your selected Service. Nonrecurring and recurring charges for Service are as set forth in your selected Service Package and/or the Company’s rate schedules, current versions of which are available upon request.

Acceptance. Your Service Agreement commences upon your acceptance of Service after receipt of your Service Application/Agreement. Acceptance of Service occurs upon any of the following:

(a) you provide a written or electronic signature applying for Service and/or accepting your Service Agreement;

(b) you orally or electronically order and/or activate Service; or

(c) you use Service, including use of Service after notification of any change in Service or change to applicable terms and conditions, when we have told you that the change requires your acceptance. IMPORTANT: PLEASE REVIEW YOUR SERVICE AGREEMENT CAREFULLY. BY ORDERING AND ACTIVATING SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE APPLICABLE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN YOUR SERVICE AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, CONDITIONS AND PROVISIONS, PLEASE NOTIFY US PRIOR TO INSTALLATION OR ACTIVATION OF SERVICE, AND WE WILL CANCEL OR DISCONNECT YOUR SERVICE.

Additional Terms. By accepting Service, you agree to adhere to

(a) the Company’s General Terms and Conditions,

(b) the Company’s Service-Specific Terms and Conditions and Service Catalogs applicable to your Service, and

(c) the Company’s Acceptable Use Policy (items (a)-(c) collectively, the “Additional Terms”) including any changes to such terms and conditions as we may communicate to you from time to time. If you fail to comply with the Additional Terms, your Service may be suspended or disconnected.

Service Term. Depending on the Service Package you select, you may receive Service for an agreed minimum term (your “Contract Term”). In the absence of any Contract Term or after any Contract Term has expired, you will receive Service on a month-to-month basis until Service is canceled by you or disconnected by us in accordance your Service Agreement.
Federal Lifeline Program. The Company is an eligible telecommunications carrier (ETC) within all or portions of its service area, meaning that it provides certain services supported by the federal Universal Service Fund, including the federal “Lifeline” program for qualifying low-income consumers. Lifeline is a government benefit program which provides a monthly credit toward a single line, local residential voice service or a residential broadband internet access service. Only eligible low-income consumers may enroll in the Lifeline program. Lifeline assistance is non-transferable, and eligible subscribers may receive only one benefit per household. If you believe you may qualify for the Lifeline program, please visit our website at www.wirelessfl.com or contact us at 1-386-888-5668.
Service and Equipment Pricing. If you select a Contract Term, you understand that you have received a special rate for Service and Equipment and/or we have incurred costs in exchange for your commitment to the full Contract Term. If your Service is downgraded, canceled or disconnected prior to the end of your Contract Term, you may be charged an early termination fee (“ETF”) of $6.25 for each full month remaining on your Contract Term (i.e., the ETF when 12 months are remaining on your Contract Term is $75.00). If your pricing is based on a bundled package of Service, downgrading, canceling or disconnecting any Service within the bundle may, in addition to an ETF, result in increased pricing for the remaining Services. If Equipment is damaged, destroyed or lost while in your possession, or if you fail to return Equipment upon termination of Service, you may be charged an equipment recovery fee (“ERF”) up to the full replacement cost of the Equipment. ETFs and/or ERFs are cumulative and in addition to any other charges or fees you may owe us and any fees or charges that we may charge upon cancelation or disconnection of Service.
Changes to Terms. We reserve the right to change the terms and conditions of any Service upon thirty (30) days written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication. You may, within fourteen (14) days of your receipt of notice of any such change, cancel your Service Agreement; provided that, no ETF will apply if the communicated change would materially adversely modify the terms (including price) of Service or your rights under your Service Agreement. If you elect not to cancel your Service Agreement and continue to use Service after receiving notice of any such changes, your continued use of Service will constitute acceptance of the changed terms and conditions.
Indemnification. You agree to hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, suit or action arising from or related to your abuse or misuse of any Service or Equipment, or any other violation of your Service Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising from or in connection with the same.
Disclaimer of Warranties. WE MAKE NO WARRANTIES WITH RESPECT TO ANY SERVICE OR EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES CONCERNING THE SPECIFIC FUNCTION OF ANY SERVICE OR EQUIPMENT, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR SPECIFIC NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Remedies. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER YOUR SERVICE AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR EQUIPMENT WE PROVIDED, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability. If any part or provision of your Service Agreement is held, in whole or in part, to be invalid, illegal, or unenforceable by any law or regulation of any governmental or regulatory authority or by the final determination of any court of competent jurisdiction, that part or provision will be construed consistent with applicable law or regulation as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this Service Application/Agreement or collectively, your Service Agreement.
Entire Agreement; Conflicts. Your Service Agreement supersedes any prior agreements between you and the Company, and any and all prior or contemporaneous statements, understandings, writings, commitments or representations concerning its subject matter
No Implied Waiver. Our failure to exercise or enforce any right under or provision of your Service Agreement shall not constitute a waiver of any such right or provision.
Governing Law; Jurisdiction. Your Service Agreement and our contractual relationship with you shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflicts of law. Any suit under your Service Agreement (other than to enforce a judgment or award) will be brought in the federal or state courts in the districts which include County of Volusia, Florida. You hereby agree and submit to the personal jurisdiction and venue of such courts.

Customer Proprietary Network Information

As our customer, Advanced Satellite Systems, Inc. (“WirelessFL”) has access to information regarding the quantity, technical configuration, type, destination, and amount of telecommunications services you use. This data is considered Customer Proprietary Network Information (CPNI). Under federal law, you have the right, and Premier has the duty, to protect the confidentiality of your CPNI.

Occasionally, WirelessFL and its affiliates may use your CPNI internally to more effectively recommend communications-related products and services that are tailored to your specific communications needs. At no time will your CPNI be shared with third parties or be used to market any services provided by third parties.

If you approve our use of CPNI for these limited purposes, you need take no further action. If you do not approve our use of CPNI for these limited purposes, you have the right to “optout” of this arrangement. By emailing to the email listed in the section below, you will be opting out of this arrangement and denying WirelessFL and its affiliates permission to use your CPNI for certain marketing related purposes. Denial of permission will not affect any services you already receive from WirelessFL. Note that the CPNI opt-out does not mean WirelessFL won’t market to you, rather, it simply means that you won’t receive specific information based on your services and usage patterns. Be aware that WirelessFL uses this targeted information to trouble-shoot service issues and better your user experience. If you choose to “opt-out” of CPNI we can no longer make those recommendations.

You need only correspond if you DO NOT want WirelessFL and its affiliates to use your CPNI. If you choose to respond, please email a request with the subject “CPNI Opt-Out Request” to privacy@wirelessfl.com .

Except as otherwise required by law, this approval/disapproval including your lack of action will supersede any prior oral or written instructions you have provided to WirelessFL regarding the use of disclosure of your CPNI. You may withdraw or deny access to CPNI by emailing a request with the subject “CPNI Opt-Out Request” to privacy@wirelessfl.com.

You may also mail us your request to

Wireless Fl
454 S Yonge Street
Suite 7C
Ormond Beach, FL 32174

Please include, your Name, telephone number, address, and account number with any correspondence.

Internet

Television

Voice