What is this document?
This document contains your Terms of Service (TOS). It is an agreement between you and Calpine Wireless explaining the rights and responsibilities of Calpine Wireless and you as an Calpine Wireless customer.
By ordering a service from Calpine Wireless, or by using equipment provided by Calpine Wireless, you accept the terms and conditions contained in this agreement and agree to comply with its requirements. Calpine Wireless is also bound by this agreement, although Calpine Wireless has the right to update the terms of service and other policies with conditions.
We have done our best to make this document and other Calpine Wireless policies understandable.
Customer, I, you, your: means a person, a company, or legal entity who subscribers to a service provided by Internet Wireless.
User: Also refers to a person, company, or legal entity who subscribes to a service provided by Calpine Wireless, but also includes someone who also uses the same service.
Service: Any service provided by Calpine Wireless
Equipment: Means any hardware or device provided by Calpine Wireless for us by a customer.
Calpine Wireless, we, us: Calpine Wireless, 2775 Feather River Blvd #5 Oroville, CA.
Scope of this Agreement
This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the United States of America and the state of California. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. The Agreement, which incorporates by reference the Calpine Wireless Acceptable Use Policy embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. Calpine Wireless may amend the terms and conditions of this Agreement by giving you thirty (30) days notice. This notice may be in writing or may appear online. This Agreement is subject to modification by any authorized regulatory agency. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.
You agree to purchase Internet Services from Calpine Wireless, in accordance with the terms and conditions of this Agreement.
You have certain responsibilities as a party to this agreement. Another section describes Calpine Wireless’ responsibilities. You acknowledge that you accept this Agreement on behalf of yourself, your users and all persons who use the equipment and/or service through this equipment. You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement, whether such breach is the result of the use of the Service and/or Equipment by you or another user. You agree to use your Calpine Wireless supplied service from your own premises. You agree to provide Calpine Wireless with accurate and complete billing information, including your legal name, address, and telephone number. If your address, phone number, name or other billing information changes, you will notify us within 30 days or your service may be suspended. By ordering and paying for an Calpine Wireless service, you affirm that you are 18 years of age or older.
What happens if I break this agreement
If you default or break this agreement, Calpine Wireless may temporarily suspend or permanently close some or all of your service. Calpine Wireless alone makes this decision. Suspending or closing your service does not limit Calpine Wireless’ remedies or incur any liability to you (that is you don’t have to be credited down time as a result of you defaulting). “Default” means failure on your part to comply with this agreement. This includes getting behind on your payments and breaking the provisions of this agreement or associated policies, but is not limited to these situations. If you use your own equipment with service provided by Calpine Wireless in violation of any of the provisions of this agreement, Calpine Wireless will notify you and take such action as is necessary for the protection of the service for user by its other customers. This may include disconnecting your service. Calpine Wireless reserves the right to charge a disconnect and/or reconnect fee for any discontinued service.
Calpine Wireless’ Responsibilities
Calpine Wireless has certain responsibilities as a party to this agreement. Another section describes your responsibilities. Calpine Wireless agrees to provide you with the service and required special equipment, provided that you comply with all the terms and conditions of this agreement. Calpine Wireless also agrees to maintain the equipment provided by us. Another section details the terms over equipment. We will do our best to provide uninterrupted service. However, like any other telecommunications service provided, the service may experience temporary slowdowns or interruptions caused by: overload, abuse, equipment modifications, upgrades, relocations, or repairs, and similar activities necessary for the proper operation and supply of the service, or disasters (see “force majeure” in another section). Calpine Wireless will provide basic instructions on how to use the service. These instructions will be provided during the time of your installation by our installer. You are also entitled to technical support for the Calpine Wireless provided equipment or service via phone or e-mail. We cannot provide technical support for any hardware, software or operating systems not provided by Calpine Wireless. If an Calpine Wireless technician or representative is asked to provide support or repair for software or hardware that is not supplied by Calpine Wireless, a $50.00 labor charge may be applied to your next bill. If our technician is called out and the equipment at fault is not Calpine equipment a $50.00 labor charge will be applied to your next bill. If Calpine Wireless cannot be made to work at your location because of distance, hills, trees, or any other cause, you will be refunded 100% of any payments you have made to us, subject to this agreement. You must return the equipment in good condition. Calpine Wireless has no other liability if your location proves impossible to provide the service for.
Force Majeure (Disasters, Etc)
Neither you or Calpine Wireless is liable for any delay or failure in performance of any part of this agreement caused by any force majeure event even beyond your, or our, control and without your, or our, fault or negligence. These events include, but are not limited to, the events known legally as “Force Majeure”. Force Majeure refers to a number of situations that could affect you and Calpine Wireless in performing your, or our, obligations: acts of civil or military authority, terrorist acts, nuclear accidents, government regulations, riots, strikes, embargoes, insurrections, extended power blackouts, natural disasters, epidemics, fires, severe weather conditions, environmental disturbances, war, explosions, legal and/or regulatory constraints.
If a Force Majeure condition occurs, the party injured by the other party’s inability to perform has two options (detailed below). The injured party has 30 days to choose which one. If the injured party does not inform the other within 30 days of being notified of a Force Majeure situation, the second option goes into effect.
Option One: The injured party may terminate the agreement if such Force Majeure condition results in a delay or failure to perform which continues for more than 30 calendar days.
Option Two: The injured party may suspend the service for a duration of the delaying cause and buy a similar service. After the emergency is over, this agreement and service will continue.
Paying for your Calpine Wireless service
The price you will pay Calpine Wireless is the monthly rate and other fees and charges such as equipment leases and applicable taxes as established from time to time by Calpine Wireless. Calpine Wireless reserves the right to modify the rates, fees and charges at any time. You have the right to be notified of price changes at least 30 days before the new rate takes effect. You acknowledge that you may incur additional charges while using the service. If you make purchases over the Internet, those transactions are between you and the seller, and have nothing to do with your relationship with Calpine Wireless.
Calpine Wireless will charge your credit card periodically as agreed when you signed up for service. You will be sent a statement by postal mail, or to the e-mail address provided when you signed up for service before payment is due. Payment will be deemed made when received by Calpine Wireless. If a credit card payment is declined by the payment service, it will be retried in 5 days time.
Payment may also be made by check. Checks may be made out to: Calpine Wireless and sent to: PO Box 1133 Chico CA 95927.
If your account becomes overdue, you will receive a notice by email of phone call. At this time, Calpine Wireless may take steps to reduce the service supplied or temporarily suspend the service and apply any applicable disconnection and /or reconnection fee. If your account becomes more than 30 days overdue, Calpine Wireless may apply a late fee per month to the account. A service charge of up to $20 will be assessed for each check that is returned to Calpine Wireless for insufficient funds. You will get your statement by postal mail supplied when you began service.
This agreement becomes effective on the date on which you order your Calpine Wireless service. Your first payment is due at the term your service is connected. This is also your start-of-service date. Your payments are due on the 10th day of every month. T
Credit for Down Time
Although we intend to maintain your service at all times, you have the right to be credited if through our negligence you lose service via Calpine Wireless for more than 24 hours. In such a case, we will credit you 1/30 of the monthly base charge for each 24 hour period from the time of notice of interruption until the service restoration. The 24 hours must be continuous. You cannot add up shorter periods. To receive credit, you must notify the Calpine Wireless office that your service is not working. Most types of outages do not qualify for credit. Please read the next section for your information.
Events that don’t qualify for credit
Most temporary service outages do not qualify for credit. You will not get credit for problems in the Service caused by your own or other’s negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations. Please see Force Majeure. “Willful acts” include system failures caused by viruses, “hacking”, “cracking”, and other forms of remote malice. You will not get credit for loss of connectivity caused by technicians working to modify or repair Calpine Wireless’ equipment. You will not get credit for loss of connectivity less than 24 hours long. Calpine Wireless may, however, issue credit on a case-by-cause basis at Calpine Wireless’ discretion. If you believe that Calpine Wireless has billed you in error, you must contact us or call within 30 days of the invoice or statement date. Refunds or adjustments will not be given for any charges more than 60 days old.
Calpine Wireless may require a deposit to commence the supply of service.
Closing your Account
To close your account, you must notify Calpine Wireless. To add or remove services, or close an account, you must identify yourself to Calpine Wireless’ satisfaction. This is to protect unauthorized changes by other persons to your account.
Upon Termination of this Agreement or your account
You agree that upon termination of this Agreement:
You will pay Calpine Wireless in full for your use of the Equipment and the Service up to the effective date of termination of this Agreement or the date on which the Service and Equipment have been disconnected and returned to Calpine Wireless, whichever is later. You will not receive a refund if you terminate service part-way through a month. You will allow Calpine Wireless employees or contractors to access your premises to remove the Equipment. This may mean coming in your house and climbing on your roof. We agree to arrange a time that is convenient for you and an Calpine Wireless technician.
Credit for closed accounts
If you cancel your Calpine Wireless service, we will refund that part of your latest payment which covers service up until your next invoice date excluding the 30 day notice period. Your setup and installation fees are non-refundable. You will always be refunded at the rate you paid. That is, if you got a discount, you will be refunded at the discount level, not at the standard level.
You are responsible for your own equipment that you use with the Calpine Wireless service. For this agreement to be valid, your computer must meet minimum requirements (as determined solely by Calpine Wireless). It must be technically and operationally compatible with the Service. Calpine Wireless’ responsibility for your Internet connectivity stops at the downstream end of the Equipment. You are responsible for providing equipment capable of received and transmitting electronic data through a standard port.
You may access the Internet via Calpine Wireless from secondary computers on a home network within the limits of the Acceptable Use Policy. Your home network is not part of your Internet Wireless service or Equipment. By accepting this agreement, you explicitly acknowledge that Calpine Wireless will not provide technical support for equipment or software that is not part of the Calpine Wireless Service or Equipment. Allowing someone to connect to your home network from outside your premises and use your Calpine Wireless service is strictly prohibited. If you do this, we may close your account. Giving someone outside your household or business your Calpine Wireless login name and password is strictly prohibited.
Equipment supplied by Calpine Wireless
Calpine Wireless agrees to maintain the Equipment in working condition for the lifetime of this agreement. In case of Equipment failure, Calpine Wireless will troubleshoot, diagnose, repair, or replace the Equipment within 48 hours. All Equipment supplied by Calpine Wireless, except for any item that you buy and pay for in full, remains the property of Calpine Wireless. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the Equipment. If you lose or break the Equipment, or turn it over to someone else as described in the previous paragraph, you must pay Calpine Wireless the full retail cost of the repair or replacement. If Calpine Wireless spends money in the effort to get the equipment back, you must also pay those costs. You will not modify, tamper with, or move the Equipment. If you need the Equipment moved, you must contact Calpine Wireless and ask to have an Calpine Wireless technician or contractor move the Equipment for you. You may be charged for the callout, labor and materials required to move the Equipment. If Equipment, including network components, is moved or modified by anyone other than Calpine Wireless personnel (employed or contracted), and damage to the equipment results so that Calpine Wireless personnel or contractors are called out to your location to repair or replace it, you will be charged $75.00 for the visit in addition to any other charges specified in the Terms of Service. You authorized Calpine Wireless and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair, and remove the Equipment. Calpine Wireless agrees to arrange a mutually convenient time with you for these activities.
Limitation of Liability
We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of Calpine, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.
CALPINE'S LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY'S FEES.
You agree that Calpine will not be liable or responsible for any third-party claims or damages that arise from your use or another person's use of the Services or Internet access, further, You agree to indemnify and reimburse us for all costs and expenses related to the defense of any such claims, including attorney's fees. This provision will continue to apply after the Agreement ends.
These terms and conditions together with the acceptable use policy and work order are the entire agreement between you and Calpine Wireless, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.
By sigining up for this service You: (1) Acknowledge that you have read and understand the terms and conditions; (2) Agree to be bound by the terms and conditions; and (3) Are entering into a binding contract with Calpine Wireless for the purchase of Services that may have a term commitment and early termination charge.
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