KUENTOS INTERNET SERVICE TERMS AND CONDITIONS
Effective October 1, 2002
The undersigned Subscriber ("Subscriber") expressly agrees that Subscriber's use of services provided by Kuentos Communications ("Kuentos") evidences Subscriber's agreement to abide by these Terms and Conditions. Subscriber understands that by processing Subscriber's application Kuentos does not guarantee that Subscriber's application will be approved or service provided to Subscriber and that Kuentos reserves the right to refuse service to anyone at any time.
TERMS AND CONDITIONS CHANGE NOTICE:
Subscriber understands that these terms and conditions, including the rates charged Subscriber, may change from time to time and that the current terms and conditions will be available on-line at the Kuentos website located at www.guam.net.
CHARGES:
Subscriber understands that Subscriber will be charged for the following: (1) installation of Kuentos equipment and cable internet service, (2) non-recurring charges associated with specified service, (3) monthly recurring charges associated with specified service, (4) any other identified service provided by Kuentos.
TERM:
By signing this application form, Subscriber is agreeing to receive service for the term indicated. If Subscriber terminates service prior to the end of the specified term Subscriber agrees to pay 50% of the total amount of monthly fees for the balance of the term as a termination penalty, and such amount shall be deducted from any outstanding deposit held by Kuentos upon termination at any time after service has been installed.
PAYMENTS:
Payment may be mailed to Kuentos Communications' P.O. Box, or made at 600 Harmon Loop Road, Dededo.
- Payment is due on or before the 1st of the month. If payment is not received by the 10th of the month for that month's service, an additional late fee of $5.00 will be charged.
- If payment is not received within 30 days, service will be subject to disconnection without notice.
- If payment is not received within 60 days, Subscriber's account will be referred to an attorney or collection agency and Subscriber will be subject to any resulting collection costs, including attorney's fees. In addition, Subscriber may be reported to the Credit Bureau, or if Subscriber is in the military, Subscriber's Command Master may be notified to assist in collection.
- All checks returned for any reason will be charged $25.00. Money collected in the field for deliquent or disconnected accounts will be charged a $10.00 collection fee.
RECONNECTION FEE:
In the event service is disconnected for non-payment, subscriber will be charged a reconnection fee plus an amount equal to one month of Internet service and any past due balance before subscriber's account will be reinstated.
CABLE MODEM INSTALLATION:
Marianas CableVision ("MCV") will install the necessary cable lines for high speed Internet service. Kuentos will install necessary Internet equipment for high speed internet service, including, but not limited to, cable modems and Ethernet cards. Subscriber understands that it is Subscriber's responsibility to provide an Ethernet card inside the computer or for installation by Kuentos. Subscriber will not hold Kuentos or MCV liable for any damage to Subscriber's computer, or information or content on Subscriber's computer, incurred during the installation process.
CHANGE IN RESIDENCE/ BILLING ADDRESS; CHANGING OR DISCONTINUING SERVICE:
Subscriber agrees to promptly notify Kuentos of any change in Subscriber's residence, billing address, or a change in occupancy at Subscriber's residence. In the event Subscriber leaves the island or changes residency, Subscriber will still be responsible for payment of service until the account has been disconnected or transferred. Service may be changed, discontinued or transferred at any time upon 24 hour notice to Kuentos; provided however, that Kuentos will transfer service from Subscriber to a new tenant only if Kuentos is notified in writing BEFORE service is disconnected.
EQUIPMENT:
All equipment provided to Subscriber by Kuentos shall remain Kuentos property, unless otherwise specifically purchased. If service is disconnected for any reason, Subscriber agrees to promptly return all Kuentos equipment. Subscriber agrees to permit authorized representatives of Kuentos and/or MCV, to enter Subscriber's residence where the equipment is located to remove it. Kuentos personnel shall not be required to move furniture or appliances. If Subscriber does not promptly return Kuentos equipment, Subscriber agrees to pay up to $250 for each cable modem or other related Internet equipment as appropriately priced. Such payment shall be in addition to any other amounts owed to Kuentos. In addition, if Subscriber damages Kuentos' equipment other than reasonable wear and tear, Subscriber agrees to pay for repair or replacement, and Subscriber agrees to provide reasonable access so the equipment may be repaired or replaced.
REFUNDS:
Kuentos does not issue cash refunds. However if a deposit for equipment or service, or an advance payment for service is made and service is not provided, or is cancelled by Subscriber, Kuentos will return the deposit or advance payment by mail (less any outstanding balance on account for services, equipment or other charges), after service is disconnected.
INDEMNIFICATION:
Subscriber agrees to use Kuentos at Subscriber's own risk, and agrees to hold harmless and indemnify Kuentos, MCV, and their officers, directors, agents and employees from and against any and all actions, costs, claims, losses, expenses, and/or damages, including attorneys' fees, arising out of or, in any way related or incidental to the services provided to Subscriber by Kuentos or MCV or Subscriber's use of Kuentos equipment and services.
NO REPRESENTATION OR WARRANTY:
KUENTOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN REGARD TO SUPPLIES AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT KUENTOS PROVIDES SUBSCRIBER WITH EQUIPMENT IN CONJUNCTION WITH THE SERVICES, THESE PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
LIMITATION OF LIABILITY:
Kuentos shall have no liability for failure of any product or service it provides, whether through negligence or otherwise. Kuentos specifically denies any responsibility for the accuracy or quality of information obtained through use of its services. Kuentos shall not be liable for any incidental, special, or consequential damages of any nature including, but not limited to, loss of anticipated profits or other economic loss in connection with, or arising out of Subscriber's use of any equipment or services provided by Kuentos or MCV.
PRIVACY POLICY:
Kuentos collects and maintains personal identifying information concerning subscribers. Information is used solely for normal business purposes of offering and rendering cable television and Internet service. Kuentos shall not release personal identifying information, unless Kuentos is required to do so by court order. If Kuentos is served with a court order to obtain personal identifying information, Kuentos will inform the Subscriber before any information is released.
INTERNET ACCESS RATES:
For the latest rates please call 635-4MCV
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