General Terms & Conditions
- VTX1 Internet, Incorporated, herein referred to as “VTX1 Internet,” is a Texas Corporation and Internet Service Provider.
- This Agreement shall govern the terms and conditions of VTX1 Internet’s services to the Customer. Customer’s acceptance and use of any services provided by VTX1 Internet shall be deemed to be an acceptance of the terms and conditions set forth herein. This Agreement shall be governed by the laws of the State of Texas. VTX1 Internet and Customer agree that venue for any legal dispute related to or arising, directly or indirectly, under this Agreement shall be in Victoria County, Texas.
- Customer shall release, hold harmless, and indemnify VTX1 Internet, its affiliates, officers, directors, licensees and licensors from all claims and expenses, including, without limitation, reasonable attorney’s fees, arising from or related to the breach of any provision of this Agreement by Customer.
- VTX1 Internet may assign this Agreement without Customer’s prior consent. In the event of such an assignment, all VTX1 Internet’s rights, title and interest herein shall inure to the benefit of VTX1 Internet’s assignee. This Agreement shall not be assigned by Customer without the prior written consent of VTX1 Internet. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns.
- If any provision of this Agreement is declared or determined by a court to be illegal, invalid, or unenforceable, the validity of the remaining provisions shall not be affected thereby and said illegal, invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- This Agreement contains the entire agreement of the parties hereto with respect to matters covered hereby and superseded any other prior or simultaneous agreement related to such matters.
- Customer’s use of Internet services provided by VTX1 Internet shall be deemed an acknowledgment and acceptance of the terms and conditions stated herein. Customer’s use of VTX1 Internet Internet services is subject to the terms and conditions of this Agreement, acceptable use descriptions, and the payment terms described in this document and/or on the VTX1 Internet website.
- Unless otherwise stated, there is no contractual obligation to continue service for either party.
- VTX1 Internet is not responsible for the protection or privacy of any information held by the Customer or transferred through the Internet, or any other service, by the Customer. VTX1 Internet will not use or sell Customer’s email address or personal data to any third-party. Notwithstanding the foregoing, if VTX1 Internet sells the majority of its assets or business to a third-party, VTX1 Internet may provide such data to the third-party purchaser.
- VTX1 Internet may change or modify these terms and conditions, Internet access speeds, pricing or any additional items related to the Internet service by giving thirty (30) days notice. Upon receipt of such notice, Customer can elect to continue receiving the service under the modified terms and conditions, or within thirty (30) days of receipt of such notice, elect to end Internet service with VTX1 Internet. Customer’s continued use of the service beyond thirty (30) days after such notice shall constitute Customer’s acceptance of the modified terms and conditions.
Wireless Internet Service & Installation Terms & Conditions
- This Agreement shall govern the terms and conditions of VTX1 Internet’s provision of Internet services to the Customer. Customer’s acceptance and use of Internet services provided by VTX1 Internet shall be deemed to be an acceptance of the terms and conditions set forth herein. This Agreement shall be governed by the laws of the State of Texas. VTX1 Internet and Customer agree that the venue for any legal dispute related to or arising, directly or indirectly, under this Agreement shall be in Victoria County, Texas.
- VTX1 Internet will provide Internet access to Customer utilizing wireless equipment selected, installed, and maintained by VTX1 Internet or its designated representative. Customer will not be allowed to access VTX1 Internet’s network using Customer’s own equipment under any circumstances. VTX1 Internet may, at its sole discretion, replace or remove wireless equipment as may be required to maintain the performance and/or security of its network.
- VTX1 Internet shall hold all passwords and authentication information for any VTX1 Internet radio equipment located at Customer’s location.
- Any equipment that is installed by VTX1 Internet at Customer’s location shall remain the property of VTX1 Internet. VTX1 Internet may provide access to its equipment for the sole purpose of providing Customer Wireless Internet Service through VTX1 Internet’s network. Customer is responsible for the destruction of or any material damage to VTX1 Internet’s equipment located at Customer’s location, including, but not limited to, damage caused by fire, theft, misuse, neglect or unreasonable use, as determined by VTX1 Internet in its sole discretion. If the equipment is damaged in any such way, Customer may be held responsible for the replacement cost of the equipment.
- VTX1 Internet is not responsible or liable for any loss or diminution in Internet service caused by occurrences, actions or circumstances beyond its control, including, without limitation, any of the following:
- Any obstruction that has been erected, placed, occurred, or grown after the installation and activation of VTX1 Internet’s service equipment at Customer’s location;
- Debris, ice or other current weather conditions;
- Installation of hardware and/or software to any new devices after the initial installation of service, or device’s compatibility with Customer’s network after installation; or,
- Reconfiguration of network settings for any reason, including, but not limited to, tampering, reinstallation of device operating system, accidental removal or moving hardware to a new location.
- VTX1 Internet is not responsible or liable for any damage to Customer’s home due to weather events, including but not limited to rain, wind or lightning.
- Customer acknowledges that wireless Internet connectivity requires some radio line of sight, and that obstructions between VTX1 Internet equipment and the VTX1 Internet wireless unit installed at Customer’s location may block or dilute the radio signal, and negatively impact Internet service or prohibit access to Internet service entirely.
- Payment:
- Customer will be invoiced monthly, in advance, for all amounts due to VTX1 Internet for an Internet Service Account. All payments are due as prepayment on the 1st of the month. Monthly payments can be automatically deducted from Customer’s bank account. Payments can also be made by check or cash at one of VTX1 Internet’s physical locations. Monthly invoices will be emailed to the email address provided by Customer. Payments may be made through the PayBill portal on VTX1 Internet’s website tisd.net.
- Customer is responsible for delivery of payment on or before the due date.
- The first month of service will be prorated from the date of installation.
- Fees, Suspensions & Cancellations:
- VTX1 Internet processes a Convenience Fee in the amount of $2.95 for every credit or debit card transaction.
- If payment is not received by the 10th of the month, a late fee of $20 will be assessed on the next month’s invoice.
- Accounts with a past due balance on the 19th of the month will be suspended. Suspended accounts must pay the entire balance on the account. A $30.00 reconnection fee will be charged in order to restore services. Billing does continue when the account is suspended.
- VTX1 Internet will implement a failed payment fee for failed credit card payments and returned checks and ACH payments. A $30.00 Returned Check Fee will be incurred for all returned/failed ACH and check payments. A $10.00 Failed Credit Card Fee will be incurred for all credit card automatic draft payments, scheduled event payments, and prorated invoices that fail. These fees will be applied to the account and will be due along with the current balance due.
- Cancellation of suspended accounts will occur 30 days after the account has been suspended. If an account is processed as canceled, all equipment will be picked up by VTX1 Internet, and the Customer will be deemed to be in default of this Agreement.
- VTX1 Internet’s standard installation fee varies depending on the specific conditions and requirements of Customer’s location. Customer will be notified of the fee before service is installed. Additional components and labor beyond the basic installation will be charged on a time and material basis.
- If Customer moves and transfers service to a new location, a minimum basic installation fee shall apply, and VTX1 Internet may retrieve any equipment at Customer’s previous location and reinstall the equipment at Customer’s new location.
- Customer acknowledges that ALL setup fees are non-refundable once the VTX1 Internet wireless connection is operable. Customer must contact VTX1 Internet by phone, mail or email to terminate their account.
- Accounts may only be terminated at the end of the calendar month. VTX1 Internet does not prorate accounts at the time of termination, as service is paid through the end of the calendar month.
- All VTX1 Internet equipment must be accessible to be picked up or returned to VTX1 Internet within 14 days of termination and must be returned in good working order.
- Customer’s equipment must be capable of interfacing with a standard Ethernet connection.
- Liability: VTX1 Internet shall not be liable for any damage or injury to any person(s) or property caused by the equipment it installs or supplies. Customer agrees to release and hold VTX1 Internet harmless for any damage or injury caused, in whole or in part, by any VTX1 Internet equipment installed at Customer’s location.
- Customer hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with VTX1 Internet or any of its affiliates, and that it is a separate network of computers independent of VTX1 Internet. Customer’s access and use of the Internet is solely at Customer’s own risk and is subject to all applicable local, state, federal and international law and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond VTX1 Internet’s authority and control.
- VTX1 Internet’s network may only be used for lawful purposes. The transmission of any material in violation of any local, state, federal or international law is prohibited. This includes but is not limited to: copyrighted material; material legally judged to be threatening or obscene; material protected by trade secret; and, material that is otherwise deemed to be of a proprietary nature. VTX1 Internet’s network may not be used to send bulk e-mail messages or spam.
- Access to any other network connected to VTX1 Internet’s network must comply with the rules appropriate for that network. VTX1 Internet exercises no control whatsoever over the content of the information passing through its network.
- VTX1 Internet makes no promise, warranty, or guarantee, expressed or implied, regarding the delivery of data to Customer. VTX1 Internet makes no promise, warranty or guarantee regarding: merchantability of goods or services; fitness for a particular purpose; loss of data resulting from delays; non-deliveries; or service interruption, however caused. Use of any information obtained by use of VTX1 Internet’s network is at Customer’s own risk. VTX1 Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services and/or network.
- Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns, may result in temporary impairment or interruption of service. As a result, VTX1 Internet does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Customers shall release, indemnify and hold VTX1 Internet and its directors, officers, employees and agents harmless from all obligations, charges, claims, liabilities, costs and fees incurred as a result of interruption or degradation of service.
- VTX1 Internet will follow all federal and state laws, warrants and inquiries as necessary by law.
- All equipment installed up to the point of demarcation of Internet Services will remain the property of VTX1 Internet.
- The point of demarcation is defined as the power over ethernet injector inside the home. All other equipment relating to Internet Service beyond that point is considered Customer equipment and is not covered by VTX1 Internet.
- VTX1 Internet’s equipment is defined as:
- Radio Equipment
- Mast and Guy Wires affixed to the mast
- Ethernet Cable connecting the Radio to the demarcation of service
- Power Over Ethernet injector
- Tripod
- Managed Router
- ATA (For VOIP accounts only)
Wireless Internet Service & Installation Guarantee
- VTX1 Internet will guarantee it’s equipment and the Installation of services up to the point of demarcation. Gross negligence on the part of Customer will void this guarantee.
- VTX1 Internet will perform all reasonable efforts to restore service at the Customer location, if service is lost and it is determined the loss was a result of VTX1 Internet’s equipment.
- The point of demarcation of service is defined as the POE injector inside the home. All other equipment relating to Internet Service beyond that point is considered Customer equipment and is not covered by VTX1 Internet.
- VTX1 Internet makes no promise, warranty, or guarantee, expressed or implied, regarding the delivery of data to Customer. VTX1 Internet makes no promise, warranty or guarantee regarding: merchantability of goods or services; fitness for a particular purpose; loss of data resulting from delays; non-deliveries; or service interruption, however caused. Use of any information obtained by use of VTX1 Internet’s network is at Customer’s own risk. VTX1 Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services and/or network.
- VTX1 Internet’s equipment is defined as:
- Radio Equipment
- Mast and Guy Wires affixed to the mast
- Ethernet Cable connecting the Radio to the demarcation of service
- Power Over Ethernet injector
- Tripod
- Managed Router
- ATA (For VOIP accounts only)
- VTX1 Internet reserves the right to bill for service calls that originate beyond the point of demarcation. The charge for such a ticket will be billed at $120 per hour, in half-hour increments.
- A service call for this purpose is defined as a technician being sent to the Customer location after troubleshooting through Technical Support.
- VTX1 Internet will warranty any labor for 30 days.
Voice Over IP Terms & Conditions
- VTX1 Internet will provide Voice Over IP services to Customer through a combination of the Internet and other hardware, provided by VTX1 Internet. Customer is not required to be a VTX1 Internet Internet service customer to utilize VOIP service. The equipment that is required for VOIP operation will be available for lease or purchase through VTX1 Internet.
- If Customer chooses to lease the equipment, Customer must read and sign a VTX1 Internet Lease Agreement.
- Customer will be required to pay a deposit for each device. The amount of the deposit will vary depending on the device used by Customer.
- The term of the Lease Agreement begins on the signing date and ends when either VTX1 Internet or Customer terminates the service.
- All leased equipment belongs to and remains the exclusive property of VTX1 Internet. The deposit will be refunded when the device is returned in an undamaged condition.
- Late Charges: Any amount under this Agreement that remains unpaid for more than 15 days is subject to a $10 late fee.
- VTX1 Internet is not responsible for any of the following:
- Device compatibility after the initial installation and setup of the VOIP Service.
- Network connectivity and Internet service functionality in relation to the VOIP Service when using a third-party provider.
- Installation of hardware and/or software to any new devices after the initial installation of service, or device’s compatibility with a customer network after installation.
- Reconfiguration of network settings for any reason, including but not limited to: tampering, reinstallation of device operating system, accidental removal or moving hardware to a new location.
- Setup: Customer acknowledges that the setup process may include the payment of a deposit and may take an indeterminate amount of time.
- Ports: Customer acknowledges that the porting of a phone number that is under the care of a different provider may take an indeterminate amount of time, and may be entirely impossible, based on carrier abilities. Customer further acknowledges that porting a number may cause loss of current service in the event that the port is processed and is under way.
- Liability: VTX1 Internet is not responsible for any damage or injury to any person(s) or property caused by the equipment it installs or supplies. Customer agrees to release and hold VTX1 Internet harmless for any damage or injury caused, in whole or in part, by any VTX1 Internet equipment installed at Customer’s location.
- VTX1 Internet makes no promise, warranty, or guarantee, expressed or implied, regarding the delivery of data to Customer. VTX1 Internet makes no promise, warranty or guarantee regarding: merchantability of goods or services; fitness for a particular purpose; loss of data resulting from delays; non-deliveries; or service interruption, however caused. Use of any information obtained by use of VTX1 Internet’s network is at Customer’s own risk. VTX1 Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services and/or network.
- Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, VTX1 Internet does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Customers shall release, indemnify and hold VTX1 Internet and its directors, officers, employees and agents harmless from all obligations, charges, claims, liabilities, costs and fees incurred as a result of interruption or degradation of service.
Service Plan Terms & Conditions
- The VTX1 Internet Service Plan has been designed to provide lower costs to the customer for service calls and repairs not already covered under the VTX1 Internet Wireless Internet & Installation Guarantee (Section 3).
- Customer subscribing to the VTX1 Internet Service Plan continue to be covered through the Wireless Internet & Installation Guarantee (Section 3).
- Customers subscribing to the VTX1 Internet Service Plan are allowed one service call to their location that will be free of labor charges annually from the date of sign up.
- New Customers can subscribe to the Service Plan at any time.
- All VTX1 Internet equipment must be accessible to be picked up or returned to VTX1 Internet within 14 days of termination and must be returned in good working order.
- New customers will be able to add the service plan to their bill at sign-up for an additional $5 per month.
- Existing customer will be able to add the service plan to their bill at any time for $60 which will cover them for the first year, then the plan will continue as $5 per month after that time.
- VTX1 Internet will provide no refunds for the VTX1 Internet Service Plan.
- Customer agrees to be bound by this monthly service plan agreement by oral or written consent given at the time the service call is scheduled, when the technician is at the customer’s home, or at any point during their monthly billing cycle by calling the billing department.
- Customer agrees to pay a monthly recurring service charge of $5 added to their monthly bill. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes VTX1 Internet to charge such accounts. Failure to receive a bill does not release Customer from Customer’s obligation to pay.
- Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination or suspension of service.
- The monthly subscription fee for the VTX1 Internet Service Plan will be billed at the beginning of Customer’s service month and each month thereafter unless and until Customer cancels the subscription. The VTX1 Internet Service Plan subscription can be cancelled by Customer at any time, but Customer will not be able to re-subscribe for 6 months from the cancellation date.
- Coverage is subject to VTX1 Internet’s sole discretion, items or events covered under the service plan can be found below
- Residential Service Only. Excluding Fiber customers.
- Customers are eligible for one free repair ticket at their service location per year. The free repair covers labor only. The customer’s account must be current with no past due balance.
- 25% Off all networking equipment purchased from VTX1 Internet’s stores
- One Free-Labor computer repair, annually from date of sign-up
Managed Router Terms & Conditions
Effective 09/01/2019 new Customers will receive a Managed Router with installation. The Managed Router will be included in the $15 monthly equipment fee. The Managed Router terms and conditions below will apply to customers established before 09/01/2019.
- VTX1 Internet provides, by way of lease, a router management solution to Customer that includes both the router and management service.
- Customer agrees to pay a monthly recurring service charge of $15 added to their monthly bill. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes VTX1 Internet to charge such accounts. Failure to receive a bill does not release Customer from Customer’s obligation to pay.
- Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination or suspension of service.
- The package will require Customer to fill out and sign the Device Lease Agreement, which VTX1 Internet will provide.
- The Managed Router package will require either a deposit, per device, or a credit card on file that will pay the full cost of the device if it is unreturned or unrecoverable. The deposit will be refunded when the device is returned.
- VTX1 Internet includes a network monitoring service with the Managed Router Package.