SUBSCRIBER AGREEMENT
COMPANY: THE SATELLITE
CENTER, INC.,
(859)
282-2000 EXT. 102 OR 109 FAX:
(859) 282-2001
SUBSCRIBER
NAME (S) __________________________________________________SOC. SEC. NO._______________________________________
APT#
________ COMPLEX _________________ ADDRESS ___________________________________________________________________________
HOME
PHONE # ____________________ WORK PHONE # ___________________ TYPE OF SERVICE ______________
NUMBER OF TV's ________
BILLING
ADDRESS IF DIFFERENT FROM ABOVE _________________________________________________________________________________
NAME
AND TELEPHONE NUMBER OF RELATIVE NOT LIVING WITH YOU __________________________________________________________
IF TVS ARE NOT CABLE READY, DOES SUBSCRIBER WANT TO LEASE A
NON-REMOTE CONVERTER BOX FROM COMPANY AT A $10.00 ONE-TIME NON-REFUNDABLE
CHARGE PLUS A $45.00 REFUNDABLE DEPOSIT FOR A TOTAL OF $55.00 PAYABLE AT TIME
OF INSTALL? Yes_____________No ___________
TERMS AND CONDITIONS
Company agrees to deliver service to Subscriber at the
address designated. Subscriber agrees
that all material and equipment delivered to and installed by Company on
Subscriber’s premises is and shall remain the property of Company except where
noted. Subscriber agrees to pay, upon
execution of this agreement, connection and service charges as listed on the
reverse side. Subscriber also agrees to
pay to Company, monthly in advance, service charges per the schedule on the
reverse side, (or as amended) for service at scriber’s premises, and that on
failure to pay said monthly sum, or any other breach of this contract, Company
has the right to disconnect its service to Subscriber and/or enter Subscriber’s
premises and remove its equipment. (The
term “Net 15” means that invoices are due fifteen (15) days from the date of
the invoice, i.e. if the invoice is dated April 1, payment is due in Company’s
office by April 16). This is an
Agreement between Company and the individual or firm named above, hereinafter
referred to as “Subscriber”.
1.
ACCESS TO SUBSCRIBER’S PREMISES – Subscriber does hereby grant to Company the
right to enter upon and over the premises during normal business hours, at the
address listed for purposes of
connecting the service, inspecting, adjusting, repairing, moving, or
maintaining the property and equipment supplied and, upon termination, to
remove the property and equipment supplied from the premises, providing
however, the failure of Company to remove its property and equipment shall not
be deemed an abandonment thereof.
Company has permission to enter the premises, even after termination of
service, for maintenance and repairs to the cable system.
2. PROPERTY AND EQUIPMENT – Subscriber agrees that
Company-owned equipment shall not be removed, relocated, altered, tampered
with, or serviced by anyone other than Company’s employees or agents and
Subscriber shall not connect or attach, directly or indirectly, any additional television
set or any other device to any of Company’s property and equipment without the
approval of Company. Subscriber assumes
responsibility and shall be liable for improper use, damage, theft, or loss to
Company’s equipment, including the converter unit(s), at all times prior to the
removal of the equipment or converter unit(s) by Company. Subscriber agrees that failure to return
Company’s converter(s), for whatever reason, will constitute a breach of this
agreement and will result in the payment of Three Hundred Dollars ($300.00) in
liquidated damages from Subscriber to Company, together with reasonable
attorney’s fees incurred by Company in enforcing its claim to the
converter(s). It is understood that this
figure represents both the fair market value of the converter and the potential
cost to Company of misuse of that converter upon Subscriber’s loss of control
over it, be it by damage, tampering, or theft.
This provision is intended by neither party as a penalty for loss of the
converter, but rather, the sum represents a reasonable endeavor by the parties
to estimate a fair compensation for the foreseeable losses that might result
from such a breach or loss. Subscriber
understands that it is his/her responsibility to obtain a receipt for
converter(s) and other Company-owned equipment when returned to Company upon
termination of service. Failure on the
part of Subscriber to furnish such a receipt shall be prima facie evidence that
Company did not remove it.
3. SUBSCRIBER PROPERTY – Company assumes no
responsibility for the condition or repair of any Subscriber-owned
equipment. Subscriber is responsible for
the repair and maintenance of Subscriber-owned equipment and Company is not
responsible or liable for any loss or impairment of reception of Company
service due, in whole or in part, to a malfunction or defect in
Subscriber-owned equipment.
4. DISRUPTION OF SERVICE – In no event shall
Company be liable for any failure or interruption of program transmission or
service resulting in part or entirety from circumstances beyond Company’s
reasonable control. Company shall not be
liable for any inconvenience, loss, liability, or damage resulting from any
failure or interruption of signal service, directly or indirectly caused by, or
approximately resulting from, any circumstances beyond its control; including,
but not limited to, failure of the television signal at the transmitter for any
cause whatsoever; denial of use of poles or other facilities of a telephone
company or power company; strike; labor dispute; riot, invasion; war, aircraft,
explosion; malicious mischief; fire; flood; lightning; fog; earthquake; wind;
tornado; sun spots; acts of God; physical obstructions now or in the future;
failure or reduction of power; any mechanical failure or channel dislocation;
or any court order, law, or ordinance, restricting or prohibiting the use or
operation of the system by Company. In
any case of service interruption or loss not caused by Subscriber for over a
forty-eight (48) hour continuous period, Company shall refund or credit to
Subscriber’s account the prorated amount paid for such service. If Company, after reasonable efforts, is
unable in its discretion, to provide service over alternate routes or means,
Subscriber agrees he will make no claim against Company, or the other entities
involved, for said interruption or termination of services. Since the signal may be relayed from another
location, Company assumes no liability for loss of relay.
5. PREMISES – Subscriber warrants that he/she is
the owner of, or a tenant in, the service address listed and has authority to
enter into this Agreement. If Subscriber
has Company connect cable service to another address, Subscriber agrees all the
terms and conditions of this Agreement will apply to the change of address
also.
6.
ASSIGN ABILITY – This Agreement and the service furnished thereunder is not
assignable without the prior written consent of Company. Subscriber shall notify Company of any change
of occupancy or ownership of the premises immediately on such transfer. Transfer of accounts from one subscriber to
another subscriber is prohibited.
Transient and/or seasonable Cable Subscribers are required to contact
Company to arrange for service to be disconnected when relocating or departing
the service address. Subscribers shall
be liable for payment of all services rendered by Company until service is
disconnected.
7. PROGRAM SERVICE AND CHARGES – Subscriber
acknowledges that Company has the right at any time to preempt, without prior
notice, specific programs advertised as available to Subscriber and to
substitute what Company deems to be programming of comparable quality. Company assumes no responsibility for
programming content. In addition,
Company reserves the right to increase or change the applicable fees and
charges upon fifteen (15) days written notice to Subscriber, subject to
regulatory requirements, if any; however, Subscriber retains the right to
cancel the program or service.
Subscriber has only purchased the services listed in this contract and
acknowledges that unauthorized hook-up or tampering to obtain services would be
considered theft of those services.
8. NON-INTEREST BEARING REFUNDABLE DEPOSIT –
Company acknowledges the receipt of the refundable deposit; if any, listed above.
At the termination of this Agreement,
Company shall return to Subscriber within sixty (60) days of service
disconnection, a sum equal to said deposit, less any applicable deductions, so
long as payment has been made for all amounts due on Subscriber’s account and
Subscriber has returned Company’s equipment undamaged.
9. DISCONNECTION – If Subscriber is disconnected
for non-payment, there will be a Fifty Dollar ($50.00) re-hook-up charge in
addition to the amounts due for non-payment; however, the terms of this
contract shall otherwise continue.
10.
RETURNED CHECKS/LATE FEE – Subscriber agrees to pay Company Forty-Five Dollars
($45.00) for any check returned by a bank for insufficient funds which will be
billed to Subscriber by a collection service.
Also, a late fee of 1-1/2% per month of the unpaid balance will be
charged to Subscriber whose payment reaches the Company’s office after the
billing due date.
11.
TERMINATION – This Agreement (and/or the service provided thereunder) may be
terminated; a) By Company without prior notice if Subscriber fails to comply
strictly with all the terms herein, including, but not limited to, payment of
charges for service as billed by Company. b) By Subscriber, upon fifteen (15)
days written notice, provided all Company equipment and converter(s), is made
available by Subscriber for removal by Company, or is returned to Company by
Subscriber; however, in any case, if said written notice is not received in
Company’s office in the time prescribed, Subscriber will not be entitled to any
refund for amounts paid in advance. In
the event of termination by Subscriber or Company, any restoration thereof
shall be solely at Company’s discretion and on such terms as Company shall
determine are necessary to resume service on a commercially reasonable basis.
12.
WARRANTIES – Company warrants that its home converter units are free of defects
in material and workmanship and agrees to replace any converter unit which is
found to be defective. The warranty
shall not apply, however, to converters damaged by reason of Subscriber neglect
or abuse, or by acts of third parties whether with or without knowledge or
consent of Subscriber, in which case Subscriber shall be responsible to Company
as provided herein. Company shall not be
liable for any damage resulting from its equipment and converter(s); its
installation or operation, and its liability for
interruption
of service shall be limited to pro-ration of charges as provided in Paragraph 4
above. This represents Company’s sole
obligation with respect to damage, whether direct, incidental, or
consequential, resulting from the use or performance of its equipment and the
reception or the programs carried thereon.
13.
USE OF SERVICE – Subscriber agrees not to use the programming furnished hereunder
except for home use on television sets connected for this purpose by Company.
14.
TAXES – Subscriber agrees to pay all sales or excise taxes that may be levied
on or collected by any government entity by goods sold or services performed
pursuant to this Agreement.
15.
ATTORNEY’S FEES – Company shall be entitled to recover from Subscriber all
costs it shall reasonably incur, including attorney’s fees and collection
costs, in enforcing any of its rights hereunder, including, but not limited to, unpaid charges.
16.
NOTICES – All notices required to be sent shall be in writing, and, if to
Subscriber, at the address listed on the reverse side, and, if to Company, at
the address listed above.
17.
SEVERABILITY – If any provision of this Agreement is determined to be illegal
or unenforceable by a court of competent jurisdiction, such provision shall be
ineffective to the extent of such prohibition, without invalidating the
remaining provisions of this Agreement.
If any provisions of this Agreement conflict with a provision of an
applicable ordinance, the provision in the ordinance, to the extent of such
conflict, shall apply.
18.
ENTIRE AGREEMENT – This Agreement constitutes the entire agreement between
Subscriber and Company for the items and services ordered herein. No undertaking, representation, or warranty
made by any agent or representative of Company, in connection with the
installation, maintenance, or provision of services, shall be binding on
Company, except as expressly included herein.
I
HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. BY SIGNING THIS
AGREEMENT, I CONFIRM THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL
OF THE TERMS AND CONDITIONS LISTED HERE.
I UNDERSTAND THAT IF I CHANGE THE TYPE OF SERVICE OR NUMBER OF TVS, THIS
AGREEMENT IS STILL VALID. COMPANY HAS
PERMISSION TO ENTER MY RESIDENCE WITH PASSKEY IF I AM NOT HOME.
DATE
_______________(X)_________________________________________________