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Often the closing statements can generate questions so we have
attempted to combine some of the more common requests for
clarification into this message. If after considering the following
terms that cover your account your final statement still does not make
sense please feel free to inquire for clarification.
1. Service Billing. Service(s) Billing is invoiced monthly in
advance and will commence when any portion of the service is delivered
to Customer and is operational (IP Packets can be passed, calls can be
connected, emails can be received, or websites can be updated, etc.). Billing is by month for a calendar month, or any part of a month at beginning and end of service.
Customer will properly pay in advance an entire month’s service fees
regardless of when service actually begins during the first month. The
service start date may be adjusted if the situation requires an
adjustment based on the date service becomes active. Activation of a
portion of a package including “add-on” or “free” services constitutes
activation of service regardless of the completion date of delivery of
the rest of the services included in a package. Service Billing is due
and payable by credit card, check or money order at the time the Service
order is placed.
There is no proration of monthly service charges. If your billing
period (including the 30 day notice period for termination) extends
into a month the entire month is owed.
6. Term and Termination. These terms are effective on the date
Customer’ s completed SO is accepted by FlashByte through the initiation
of Service, and thereafter for the term indicated on the SO. For
purposes only of determining any refund due after cancellation by
customer, these terms are effective upon customer's paying for service.
Acceptance of the SO is subject to approval by FlashByte management and
availability of FlashByte facilities, including connectivity and
building and/or roof access at Customer’s location(s). At the end of the
initial term, the SO shall automatically renew for successive terms as
initially contracted in the SO until terminated, except that annual
discounts given a Customer are automatically terminated and Customer
shall be automatically converted to monthly billing if the annual
renewal amount is not paid by 15 days after end of the prior year.
Either party may terminate the SO and Customer’s use of Service by
providing the other party with at least thirty (30) days written notice
prior to the automatic renewal date. FlashByte may also immediately with
appropriate notice in the circumstances restrict, suspend or terminate
the SO or Customer’s use of the Service at any time for Customer’s
violation of these Terms. All customerinitiated termination notices must
be sent in writing to FLASHBYTE DIGITAL, LLC, a California Limited
Liability Company, ATTN: Billing, at the address, which may change from
time to time, on page 1 of the Service Order. If Customer terminates
service prior to the end of the initial term, or if FlashByte terminates
service for a violation of this agreement at any time, Customer will be responsible for early termination fees equal to the fees for the balance of the initial term plus one month.
If a cancellation order from the customer results in an annual
contract being converted to monthly, once the conversion is done there
is an additional month charged to the account as per this section of
the TOS.
10. Service Level Agreement. FlashByte will use a “best effort”
approach to provide Service and avoid downtime. FlashByte’s Services do
not have specific performance guarantees and no refunds or credits will
be given for outages unless separate specifically stated Service Level
Agreements are made for payment of extra fees. For all accounts not
specifically provided with a separate SLA there is no guarantee of
service level. All services are provided on a best effort basis. Lack
of availability or customer use of any particular portion of the
services provided will not release customer from the obligation to make
payments and honor all agreements regarding the account, regardless of
whether or not Customer notified or attempted to notify FlashByte of the
circumstances.
There are no reductions in fees owed for outages or substandard
performance of any portion of the provided services. Customers are
sometimes given convenience credits, but the only way to stop being
responsible for the billing of the service is to follow termination
according to the TOS and return the equipment.
14. EQUIPMENT:
a.
FlashByte Service Equipment/Property. Any FlashByte provided equipment,
software, installation devices, materials, and cabling placed upon
Customer’ s premises for Service shall remain the sole property of
FlashByte whether or not labeled as such. This includes all Flashbyte
equipment of whatever nature, and specifically includes but is not
limited to equipment for receiving, relaying, providing backup and
redundancy in obtaining, receiving or relaying, and obtaining original
signals. Customer agrees to return all such FlashByte property
undamaged, to the Flashbyte address given at the end of this Agreement
or any new FlashByte address as Customer shall be notified, or to allow
FlashByte to make other reasonable arrangements for provision of primary
delivery, backup, or redundancy service to other customers from such
equipment, at FlashByte's option, within 48 hours of notice termination
of service for whatever reason. Customer shall be responsible for a regular installation fee for FlashByte removal of Equipment. Customer may not copy software or any portion thereof.
Depending on the situation your final statement may have a fee of
up to $99 for removal of the equipment if we sent a contractor to
obtain the return of our equipment. We do occasionally adjust the cost
of this based on the situation, but the standard fee for equipment
removal is $99.
Thanks,
FLASHBYTE DIGITAL, LLC, a California Limited Liability Company
406 Broadway, #332F, Santa Monica, CA 90401
(760) 821-3404; (866) 257-5608;
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