Services Agreements
Telecommunications Services Agreement
Telecommunications Services Agreement [TSA] (pdf) for business solutions. You will need Adobe Acrobat Reader or another for of PDF reader to open this document.
Terms and Conditions for Telephone Service
Contract for Service
Grande Communications® provides telecommunications services, including local exchange telephone service, on a month-to-month basis according to residential or small business subscriber agreements (Contract). Once service is installed, you may terminate the Contract by giving Grande no less than 24 hours notice provided by telephone or non-electronic written submission. No fee will be imposed on you for such early termination of the Contract. For the purpose of computing charges, a month is considered to have 30 days. For a description of subscribed services and all applicable rates as they will appear on the bill, please refer to the Contract that summarizes the specific services you have requested. The terms and conditions of all Contracts are subject to the regulations in Grande's Local Exchange Tariff (Tariff) for the particular exchange for which service is to be furnished. The Tariff is on file with the Public Utility Commission of Texas (Commission) and may be viewed on Grande's website at www.grandecom.com. Failure to make payment for charges for telecommunications services incurred under the Contract and Tariff will result in disconnection of service following notification. Failure on your part to observe contractual and tariff regulations may give Grande the right to cancel the Contract and discontinue the furnishing of service without notice. The service is furnished subject to the condition that it will not be used for an unlawful purpose. Service will not be furnished if any law enforcement agency, acting within its jurisdiction, advises that such service is being used or will be used in violation of the law. Customer abandonment of equipment or service is regarded as a voluntary termination of the Contract.
Availability of Facilities
Grande will use reasonable efforts to make services available to you on or before a particular date, but does not guarantee availability by any such date and will not be liable for any delays in commencing service to any customer. Grande reserves the right to limit or to allocate the use of existing facilities, or of additional facilities, when necessary because of lack of facilities, or due to some other cause beyond the company's control. The furnishing of telecommunications services is subject to the availability on a continuing basis of all the necessary rights and facilities and is limited to the capacity of Grande's facilities as well as facilities Grande may obtain from other carriers to furnish service from time to time as required at its sole discretion.
Special Construction
Subject to Grande's agreement, special construction of facilities may be undertaken on a reasonable basis at your request. Special construction is construction undertaken: (1) where facilities are not presently available, and where there is no other requirement for the facilities so constructed; (2) of a type other than that which the company would normally utilize in the furnishing of services; (3) over a route other than that which the company would normally utilize in the furnishing of services; (4) in a quantity greater than that which the company would normally construct; (5) on an expedited basis; (6) on a temporary basis until permanent facilities are available; (7) involving abnormal costs; or (8) in advance of normal construction. Grande will contact you within 10 business days of receipt of your request for service and give you an estimated completion date and an estimated cost for all charges to be incurred and an explanation of any construction cost options.
Advance Payments
When applying for service, you will be required to make advance payment of recurring and non-recurring charges, estimated usage charges, and other charges and guarantees in such amount as may be deemed necessary by Grande. In addition, where special construction is involved, advance payment of the quoted construction charges may be required at the time of application. Service may be denied or discontinued for failure to furnish advance payment.
Cancellation of Service by Customer
If you cancel service for any reason other than service interruption, you are obligated to pay the unpaid balance of charges owed to Grande. Such charges will become due and owing as of the effective date of the cancellation.
Number Portability
At your request, Grande will “port,” or transfer, your current telephone number upon transferring service from another carrier in the same service area. You must have the previous carrier's balance paid in full in order to port your number. It is not necessary to change telephone numbers when transferring service, unless you request a new telephone number.
Customer Payment of Bill
You are responsible for payment of all charges for services furnished by Grande that appear on your monthly bill, including charges for telecommunications services originated and/or charges accepted at your telephone. Bills for local exchange service will normally be rendered monthly, will show the period of time covered by the billings, the bill due date, and a clear listing of all charges due and payable. Recurring charges will be billed monthly, in advance of the month in which service is provided, except for usage sensitive charges, which will be billed monthly for the preceding billing period. Bills are due by the close of business on the payment due date printed on your bill. If the due date shown on the bill falls on a holiday or weekend, the due date is extended to the next business day. Grande will impose a late payment fee to any payment that is not received by the due date on the bill.
Administrative Fees
Grande reserves the right to impose on its customers reasonable administrative fees in order to safeguard interests in providing service to the general public, and as a result of failure to make prompt payment on bills by customers.
Deposits
Grande will not request a deposit from residential or small business customers subscribing to basic local exchange service. Grande may request a deposit for all other services provided by the company when serving a customer with low creditworthiness or bad payment history. The deposit will be based on two months estimated usage of the subscribed service, such as long-distance service.
Late Payment Fee
If the whole or a portion of your payment is received after the payment due date, Grande will impose a late payment fee of $5.00.
Returned Check Charge
You will be assessed a charge of $30.00 for each check, bank draft, or electronic funds transfer which a financial institution refuses to honor.
Collection Fees
In the event Grande incurs fees or expenses, including attorney's fees due to the collection of delinquent debt, you may be liable to Grande for the payment of all such fees and expenses that are reasonably incurred.
Regulatory Fees and Taxes
You are responsible for the payment of line items on your bill associated with regulatory and non-regulatory assessments and surcharges, franchise fees, privilege and license fees, and local, state and federal taxes assesed upon Grande by governmental jurisdictions, all of which are separately designated on your bill. Any taxes imposed by a local jurisdiction (i.e., county and municipality) will only be recovered from those customers residing in the affected jurisdictions.
Municipal Franchise Fee
Residential, non-residential and point-to-point access lines provided to customers according to the Contract and Tariff are subject to a monthly municipal franchise fee as established by the Commission for the city in which the end user of the access lines is located. The Commission has approved a monthly recurring fee for each municipality in the state. The fees are subject to annual review based on growth of access lines in each municipality. Municipal franchise fees are assessed in order to compensate municipalities for the use of public rights of way necessary to deliver telecommunications services to customers. The fee is assessed as a per-line-charge on the customer bill.
Texas Universal Service Fund (TUSF) Fee
Charges for local exchange services provided to customers according to the Contract and Tariff are subject to an annual TUSF contribution. The Commission establishes an annual contribution factor that is assessed on all providers of telecommunications services based on taxable receipts. The TUSF supports affordable local telephone service to high-cost rural customers, funds the Relay Texas and Specialized Telecommunications Assistance programs for the hearing-disabled, and funds telecommunications services discounts to low-income customers (Tel-Assistance and Lifeline). Consistent with Commission regulations, Grande recovers this contribution through the TUSF fee on customer bills. Eligible tax exempt entities are entitled to a waiver of the TUSF fee.
Subscriber Line Charge (SLC) Fee
Carriers that provide local exchange service impose the SLC fee to recover a portion of the cost associated with the carriers' local plant or equipment utilized when customers make long-distance calls. The monthly SLC fee is capped by the FCC and is a part of Grande's cost of providing service.
9-1-1 Emergency Service Fee
This fee funds the provision of 9-1-1 emergency telecommunications services, and also may be appropriated to fund emergency medical services and trauma care. The Texas Commission on State Emergency Communications sets this fee based on the cost of providing 9-1-1 service in regions where local authorities have not exercised jurisdiction. In regions where local authorities have exercised jurisdiction, municipalities or regional counsels of governments set the fees. The fee is assessed by Grande on a monthly basis. Eligible tax exempt entities are entitled to a waiver of the 9-1-1 fee.
Gross Receipts Assessment Fee
State law requires all providers of telecommunications to the ultimate consumer to contribute one-sixth of one percent of gross receipts to the State's General Revenue Fund. The annual contribution is made to the Texas Comptroller of Public Accounts. Revenues generated from this fee are used to appropriate funds to the Commission and the Office of Public Utility Counsel. Amounts generated, but not appropriated to those agencies, remain in the General Revenue Fund. Grande recovers its contribution through a monthly customer assessment.
Federal Excise Tax
The federal excise tax was originally initiated as a luxury tax to pay for the Spanish-American War in 1898, and according to federal law, is levied on the provision of telecommunications service. Today, all proceeds from the tax go directly to the U.S. General Revenue Fund. Grande collects the federal excise tax on a monthly basis and passes the proceeds to the federal government. Eligible tax exempt entities are entitled to a waiver of the federal excise tax.
State Sales Tax and Local Sales and Use Taxes
According to state law, state and local taxes are levied on tangible personal property and taxable services, including amusement services, cable television services, personal services, repair and remodeling services, aircraft services, telecommunications services, real property services, and data processing services. These taxes are considered a part of the total sales price of the telecommunications services provided by Grande. State sales taxes, and local sales and use taxes are collected by Grande on a monthly basis and the proceeds are passed on to the appropriate state or local governmental entity. Eligible tax exempt entities are entitled to a waiver of state sales taxes, and local sales and use taxes.
Metropolitan Transit Authority (MTA) Tax
According to state law, some local authorities are permitted to levy the MTA tax on the provisions of telecommunications service to defray the cost of public transportation. Grande will assess the MTA tax on a monthly basis only to the customers subject to the jurisdiction of local authorities that levy the MTA tax on telecommunications services. Eligible tax exempt entities are entitled to a waiver of the MTA tax.
Customer Rights Information
Service Related Policy Disclosures
No Discrimination Policy
Grande provides telecommunications services, including local exchange service, to customers within its service area without discriminating on the basis of customer's race, color, sex, nationality, religion, martial status, income level, source of income, or geographic location. The provision of service, however, is subject to the availability of facilities within Grande's service area.
No Deposit for Local Service
Grande does not assess a deposit on any customer subscribing to local exchange service, and therefore credit verification is not relevant in such a case. However, if the applicant requests local exchange service, in addition to other services, Grande will require the applicant to establish and maintain satisfactory credit as a condition of providing service, and may request a deposit for such other services when serving a customer with low creditworthiness or bad payment history. To the extent Grande requires a deposit for the provision of telecommunications services, the creditworthiness of a former spouse established during the last 12 months of shared service will be equally applied to both spouses for 12 months immediately following a divorce.
Late Payment Fee
If the whole or a portion of your payment is received after the payment due date, or funds are received which are not immediately available, a late payment administrative fee will be due. Grande will charge a one-time administrative fee of $5.00 for late payment for each occurrence. Late payment administrative fees do not apply to the disputed portion of unpaid balances, if resolved in your favor. The disputed portion of unpaid balances, if resolved in Grande's favor, may be subject to the late payment fee as of the original due date noted on your bill. Grande will not assess a fee, penalty, interest, or other charge for late payment of a bill for telecommunications service provided to the state of Texas, including any agency in any branch of state government.
Refusal of Service by Grande
Grande may decline to serve an applicant until such applicant has complied with all federal, state and municipal regulations, and contractual requirements, and for the following reasons: (1) if the applicant's facilities or equipment are inadequate or known to be hazardous, or of such character that satisfactory service cannot be provided; (2) for refusal of the applicant to furnish information or the provision of false information regarding the applicant's past or present use of communications services; (3) for applicant's refusal to provide security or advance payment; and (4) for refusal to pay a delinquent account.
Discontinuance of Service by Grande with Notice
Upon 10 days written notice, Grande may discontinue service, or impose usage and service restrictions, for the following reasons: (1) for non-payment of a delinquent account, except that residential basic local exchange service will only be disconnected for failure to pay basic local exchange service charges due; (2) for use of service in a manner which interferes with the service of others or the operation of nonstandard equipment or unauthorized attachments; (3) for use of the services for an unlawful purpose or in an abusive manner, including calls, anonymous or otherwise, made in a manner reasonably expected to frighten, abuse, torment or harass another; (4) for failure to make advance payment for service where applicable; (5) for use of service in any manner that impedes the company's ability to continue to provide service; and (6) for violation of any of the other material terms or conditions of the Contract or Tariff. Regarding basic local exchange service, Grande may disconnect service if a customer continues to incur long-distance charges following company-implemented toll blocking due to non-payment. If toll blocking is initiated, notice will be provided to the customer within 24 hours of its initiation.
The disconnection notice issued by Grande will be a separate mailing or door hanger written in both English and Spanish and will include the date of disconnection that is not less than 10 days after the notice is issued and will indicate the entire amount owed to maintain basic local service.
Discontinuance of Service by Grande without Notice
Grande may disconnect service without notice for the following reasons: (1) where the customer connects or reconnects basic local exchange service without the company's authority, or uses or attempts to use the company's service with the intent to avoid payment; and (2) where there is tampering with the company's equipment, evidence of fraud, or other acts to defraud the company.
Restoration of Service
If Grande restores service after having been disconnected, but before completion of a company service order to terminate service, the customer may be required to pay a reconnection charge.
When Grande has disconnected a customer's service and the service is terminated through the completion of a company service order, service will be re-established only upon application for new service.
Local exchange service initiated after disconnection for non-payment will be subject to the standard non-recurring charges applicable to new service installations. Service that has been re-established may require the assignment of a new telephone number.
Basic local exchange service will be re-established upon receipt of all charges due for basic local exchange service, any charges due for long-distance service incurred following initiation of toll blocking, and any applicable service reconnect fee. If the customer has a history of payments returned for insufficient funds, Grande may require payment by cash, money order or certified check. If such payment is made by personal check, restoration of service will be effected upon bank clearance of the check.
Billing Disputes and Adjustments
You can contact Grande concerning any billing question or dispute by calling toll free at 877-6GRANDE. In the event of a billing dispute regarding local exchange service, Grande will forthwith investigate the complaint and report the results to you. Any amount determined by Grande to be correctly charged will become immediately due and owing and may be subject to a late payment fee. If the disputed amount is resolved in your favor, your account will be credited the disputed amount and no late payment fees will apply. If charges for service are found to be higher than the rates in the Contract or Tariff, a billing adjustment will be made. If you are due a refund, an adjustment will be made for the entire period of overcharge. If the adjustment is made within three billing cycles of the initial bill in error, interest will not be paid on the overcharge. If charges for service are found to be lower than authorized by the Contract or Tariff, or if Grande failed to bill for services, you may be backbilled for the amount that was underbilled for no more than six months from the date the initial error was discovered, unless underbilling is a result of theft of service. If the underbilling is $50 or more, Grande will offer you a payment plan option for the length of time as that of the underbilling, unless the underbilling is due to theft of service. In the event the billing dispute is not resolved, Grande will inform you of your right to file a complaint with the Commission.
When a customer contacts Grande and indicates inability to pay a bill or need of assistance with payment, Grande will provide information regarding alternative payment options and payment assistance programs available to the customer. Any partial payments will be allocated first to basic local exchange service charges.
Customer Complaints
Upon notice of a customer complaint; received either in person, by letter, fax, email or telephone; Grande will promptly make a suitable investigation and advise the customer of the results thereof within 21 days of receipt of the complaint. If the customer is not satisfied with Grande's initial response, the customer may request supervisory review. A Grande Supervisor will respond within 10 days of receipt of the request for review. The customer may request Grande's response in writing. Grande will keep a record of all complaints. If the customer is dissatisfied with the supervisory review, he/she may file a complaint with the Commission under its informal complaint resolution process. Consumer complaints may be filed with the Commission at the address found on the Contact Information Section.
Notice to the Disabled
Grande will accommodate requests from customers with physical disabilities, such as blindness or deafness, that may not be able to read this notice on customer rights.
Telephone Solicitation Notice
The Commission requires local exchange companies to provide customers the following notice regarding telephone solicitation:
Texas law provides certain protections for a person who receives a telephone solicitation at a residence.
A telephone solicitor must: (1) identify himself or herself by name; (2) identify the business on whose behalf he or she is calling; (3) identify the purpose of the call; and (4) identify the telephone number at which the person, company, or organization making the call may be reached.
A telephone solicitor may not call a residence before 9:00 a.m. or after 9:00 p.m. on a weekday or Saturday or before noon or after 9:00 p.m. on Sunday.
If a telephone solicitor uses an automatic dialing/announcing device, the machine must disconnect from your line within 30 seconds after termination of the call.
Exceptions: The requirements above do not apply to telephone solicitations made at your request, or solicitations made in connection with an existing debt or contract, or calls from a telephone solicitor with whom you have a prior or existing business relationship.
If you use a credit card to purchase consumer goods or a service from a telephone solicitor other than a public charity (an organization exempt from federal income tax under the Internal Revenue Code §501(c)(3)), the seller must: (1) offer a full refund for the return of undamaged and unused goods within seven days after you receive the goods or service (the seller must process the refund within 30 days after you return the merchandise or cancel your order for undelivered goods or service); or (2) provide you with a written contract fully describing the goods or services being offered, the total price charged, the name, address, and business phone of the seller, and any terms and conditions affecting the sale.
Complaints: The Attorney General of Texas investigates complaints relating to a violation of this law, which is found at the Business and Commerce Code Chapter 37. If you have a complaint about a telephone solicitor whom you believe has violated this law, contact: Consumer Protection Division, Office of the Attorney General of Texas, P.O. Box 12548, Austin, Texas 78711, (512) 463-2070.
Another law, found at Public Utility Regulatory Act §55.151 and §55.152, requires a telephone solicitor to make every effort not to call a consumer who asks not to be called again. Complaints relating to a violation of this law are investigated by the Public Utility Commission of Texas. If you have a complaint about repeated solicitation from a telephone solicitor you have asked not to call you again, contact: Office of Customer Protection, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or 1-888-782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
Be advised that you may have additional rights under federal law. Please contact the Federal Trade Commission or the Federal Communications Commission for further information on these additional rights.
Texas No-Call List Notice
Texas law has established a state sponsored no-call list administered by the Commission that became effective January 1, 2002. As a residential customer, you may add your name, address and non-business telephone number to the no-call list in order to limit the number of telemarketing calls received at your residence. By registering in the no-call list, you can expect to stop receiving telemarketing calls with certain exceptions (listed below). A fee of $2.25 will apply to register each telephone number for a period of three years from the date your number is first published on the list. Registration of a telephone number on the no-call list can be accomplished via the United States Postal Service, Internet, or telephone. The registration fee can be paid by credit card when registering online or by telephone. When registering by mail, the fee must be paid by credit card, check, or money order.
The prohibition against telemarketing calls does not apply to a telephone call made: (1) by a person registered on the no-call list in response to direct mail solicitations that clearly, conspicuously, and truthfully make all disclosures required by state and federal laws; (2) in connection with an established business relationship; (3) in connection with an established business relationship that has been terminated, if the call was made before the later of (i) the date of publication of the first no-call list on which the customer's name appeared, or (ii) one year after the date the business relationship terminated; (4) between a telemarketer and a business; (5) to collect a debt; (6) by a state licensee if (i) the call is not made by automatic dialing equipment, (ii) the solicited transaction is not completed until a face-to-face sales presentation is made and there is no obligation to pay until after the presentation, and (iii) the consumer has not previously informed the telemarketer not to call; and (7) by a person who is not a telemarketer.
You can register a residential phone number on the no-call list in three ways: (1) online at http://www.texasnocall.com – the site is available 24 hours a day, 7 days a week; (2) call toll-free 1-866-TXNOCAL (1-866-896-6225) to obtain an application or to register; or (3) send a written request for an application to: Texas No Call, P.O. Box 313, E. Walpole, MA 02032. For more information on the no-call list, you may contact the Commission.
Customer Proprietary Network Information (CPNI) Notice
Description of CPNI
CPNI is information that relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed by a customer. It is information made available to Grande by virtue of the customer-carrier relationship. CPNI does not include public directory listing information of subscribers.
Collection and Use of CPNI
In order for Grande to provide service to you and operate efficiently, we collect the following types of information about you that may constitute CPNI: your name, home and work address, telephone numbers, social security number, and credit information. Depending on the services to which you subscribe, our records may also include information on billing, payment, security deposits, maintenance and repairs, and the service options you have selected. Grande may also keep records of research concerning subscriber satisfaction with the service, which are obtained from subscriber interviews and questionnaires. Additionally, Grande may have a record of whether you rent or own your home in the event that landlord permission is required prior to installing our facilities. Grande also maintains subscriber correspondence (via email or otherwise). Under state and federal regulations, you have the right, and Grande has the duty, to protect your CPNI.
CPNI will be used by Grande to make sure you are billed properly for your services, to send you pertinent information about Grande's services, to improve quality of service, to answer questions that may involve troubleshooting, to ensure compliance with relevant contractual and legal obligations, and for tax and accounting purposes. More generally, applicable regulations allow Grande to use, disclose, or permit access to CPNI for the following purposes without customer approval: (1) to provide or market service offerings, or alternate versions of existing service, which may include additional or related offerings, within the category of service (i.e., local, interexchange) to which the customer already subscribes; (2) to provide optional extended area calling plans; (3) to market services formerly known as adjunct-to-basic services, such as, but not limited to, speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller ID, call forwarding, and certain centrex features; (4) to provide inside wiring installation, maintenance, or repair services; (5) to initiate, render, bill for, or collect for customer-authorized telecommunications services; (6) to protect the rights or property of Grande; (7) to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or (8) to market services other than those to which a customer already subscribes, or alternate versions of existing service, which may include additional or related offerings, if such customer contacts Grande to inquire about such service offerings.
Customer Right to Restrict CPNI
Under state and federal regulations, you have the right to affirmatively restrict Grande from using your CPNI for the purposes identified in items (1) to (3) described in the preceding paragraph. However, you cannot prohibit Grande from using CPNI for the purposes identified in items (4) to (8). In order to restrict Grande's use of your CPNI, you must send a notice to Grande in writing (See contact information section). Grande will not assess a fee for any election to restrict the use of customer CPNI.
Customer Required Approval
Grande may not use, disclose, or permit access to customer CPNI without approval in order to market customer service offerings that are within a category of service other than that to which the customer already subscribes. Grande may obtain such approval through written, oral, or electronic method, and such approval may enhance Grande's ability to offer products and services tailored to the customer's needs. Customer denial of approval will not affect the provision of any telecommunications services to which the customer subscribes. Any approval or denial of approval will be valid until the customer affirmatively revokes or limits such approval or denial. In addition, through an affirmative written request, a customer may direct Grande to disclose CPNI to a specific person or for a specific purpose. In this notice, Grande is not requesting your approval for use of CPNI for any purpose.
Security Code
Due to Federal Regulation, Grande Communications is required to obtain accurate identification from the Grande account holder before making any adjustments to an account. To do so, Grande has assigned a Security Code to every customer's account. This Security Code will be required every time the customer calls in to access or make changes to the account. Customers may change the Security Code by contacting Grande's Customer Care Representatives (see contact information section).
Slamming and Cramming Notice
Selecting a Telephone Company
Telephone companies are prohibited by law from switching you from one telephone service provider to another without your permission, a practice commonly known as “slamming.” If you are slammed, Texas law requires the telephone company that slammed you to do the following: (1) pay all charges associated with returning you to your original telephone company within 5 business days of your request; (2) provide all billing records to your original telephone company within 10 business days of your request; (3) pay your original telephone company the amount you would have paid if you had not been slammed; and (4) refund to you within 30 business days any amount you paid for charges during the first 30 days after the slam and any amount that exceeds what you would have paid your original telephone company for charges after the first 30 days following the slam.
If you return to your original telephone company, the slamming carrier is required to provide you with all the benefits, such as frequent flier miles, you would have normally received for your telephone use during the period in which you were slammed.
If you have been slammed, you can immediately change your service. You can prevent slamming by contacting Grande Customer Care and requesting a “preferred telephone company freeze” from Grande. With a freeze in place, you must give formal consent to “lift” the freeze before your phone service can be changed. A freeze may apply to local toll service, long-distance service, or both. The Commission can provide you with more information concerning freezes and your rights as a customer.
Unauthorized Charges on Your Telephone Bill
Placing charges on your telephone bill for products or services without your authorization is known as “cramming” and is prohibited by law. Grande does not provide billing services for other companies, however, if another company's charges appear on your Grande telephone bill, you should contact Grande and request corrective action. In cases where a telephone company provides billing services for other companies, the Commission requires the billing telephone company to do the following within 45 days after it learns of the unauthorized charge: (1) notify the service provider to cease charging you for the unauthorized product or services; (2) remove any unauthorized charge from your bill; (3) refund or credit all money to you that you have paid for unauthorized charges; and (4) on your request, provide you with all billing records related to any unauthorized charge within 15 business days after the charge is removed from your telephone bill.
If you have been the victim of slamming or cramming and the company fails to resolve your request, or if you would like to file a complaint, please contact the Commission (see contact information below). Your phone service cannot be disconnected for disputing or refusing to pay unauthorized charges. You may have additional rights under state and federal law. Please contact the FCC, the Attorney General of Texas, or the Commission if you would like further information about possible additional rights.
Basic Conditions of Service Regarding Cable TV & Internet Service
Definitions
Except where otherwise stated, “we,” “us,” or “our” means Grande Communications, Inc., Grande Communications Networks, Inc., Grande Communications ClearSource, Inc., or their authorized agents (collectively “Grande Communications”) and “you” or “your” means the Customer specifically named on this order (the “named Customer”), including Customer's Household. Customer's “Household” includes the named Customer, the named Customer's family and dependents, others who may be resident in the Premises, and any others who use the Equipment or Services on the Premises. “Premises” means the overall location where Customer's Service is intended by Grande to be installed and may, at Grande's sole discretion, include common areas of such location. “Installed” means either installed or activated. “Equipment” means one or more of the following: digital receiver, broadband modem, telephony port, remote-control unit, A/B switch, or any other device installed by Grande in or around the Premises, or provided by Grande, necessary or convenient for Customer to receive and utilize Services from Grande. “Service” or “Services” means the cable TV programming, Internet access or data services, local or long distance telephone services, or any other service that Grande provides to Customer. “Third party” includes, without limitation, invitees or guests of the named Customer or of members of Customer's Household, as well as other third parties. “Content” means the substantive content of any communication or message, information, data, software, programs, operating systems, or other content of any kind that you may have or store on your computer or other equipment or elsewhere, or that you transmit on Grande's system. “Content transmitted by you on Grande's system” (or similar phrases) means any and all Content accessed, obtained, downloaded or uploaded, sent or received, distributed, disseminated, published, transmitted or re-transmitted over, on, through or by use, in whole or part, of Grande's system, by you, to you, or for you by another, or that you otherwise cause to be transmitted on Grande's system. “Intellectual Property” means, without limitation, ownership of or rights in or to: copyright, patent, trademark or service mark, trade dress, trade secret, confidentiality, rights of commercial exploitation, artists' “moral rights”, or other intellectual property rights or proprietary rights of any person or entity.
Certain Customer Obligations
By accepting Service from Grande, you agree to the terms and conditions of use regarding Grande Services that are stated in this Agreement and any changes Grande may make from time to time, and you agree to pay each monthly bill from Grande on or before the date specified in the bill. An administrative late charge will be assessed if the bill is not paid by the due date, and Service will be terminated if payment is not received by the stated due date of the next month's bill (or as otherwise provided by law). All equipment of any kind provided by Grande remains the sole property of Grande, unless sold to you. You agree to notify Grande when moving from the Premises and you are responsible for the charges for monthly Service until you notify Grande in writing of a desire to terminate Service and have returned any Grande Equipment in good condition. Failure to return Grande Equipment within ten (10) days after receiving notice in writing from Grande is a violation of Section 31.04 of the Texas Penal Code. Grande may use various means to collect delinquent accounts including but not limited to appropriate legal action and/or collection agencies. Any settlement or judgment against you will include your obligation to pay Grande's reasonable attorneys' or collection fees and all court costs incurred by Grande. Telephone Services provided by Grande are subject to the terms and conditions under Grande's tariffs on file with the applicable state and federal regulatory authority, and as posted on Grande's website at www.grandecom.com. Internet and Cable TV Services provided by Grande are subject to the terms and conditions of use stated in this Agreement, as they may be changed from time to time by Grande with notice to you, to any applicable software license and to applicable local, state and federal law and regulations.
Multiple Users
You acknowledge and agree that you are executing this Agreement on behalf of all persons in your Household or who otherwise use the Equipment and/or Service on the Premises, and that you are responsible in all respects (including all payment obligations) for all use of the Equipment and/or Service. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT ALL USERS UNDERSTAND AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING THE APPROPRIATE USE POLICY). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL BREACHES OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER SUCH BREACH IS THE RESULT OF USE OF THE SERVICE AND/OR EQUIPMENT BY YOU OR BY ANY OTHER USER.
Access to Customer's Premises
You authorize Grande, and its employees, agents, contractors, and representatives to enter the Premises in order to install, maintain, inspect, repair and remove Grande Equipment and/or the Service. If you are not the owner of the Premises, you expressly represent that you have authority to permit Grande onto the Premises as required to install, maintain, inspect, repair or remove any Equipment or Service; and you may be required to supply Grande with the owner's name and address, evidence that you are authorized to grant access to the Premises on the owner's behalf, and (if needed) written consent from the owner of the Premises. You grant Grande permission to enter the Premises at any time following the termination of any Services on the Premises to remove any Grande Equipment or Service at Grande's sole discretion.
Contact Address
For any inquiries or notices required in connection with this Agreement, you should contact Grande in writing at Grande Communications 401 Carlson Circle, San Marcos, TX 78666, Attention: Legal Department.
Protecting Our Network
Grande reserves the right to manage its network and Services in any manner it deems appropriate. Any action or email from any Grande user that causes what Grande determines is an undue burden on the network or personnel of Grande is prohibited and may subject the user to termination of Grande Service without notice, recourse or refund.
Payment Terms
You agree to pay all monthly fees for the Service(s) to which you subscribe and all related installation or other applicable charges. Such charges include, but are not limited to, applicable franchise fees, regulatory fees, taxes, customer service fees, interest, late fees and door collection fees. Monthly fees will be billed one month in advance. Other charges, such as Equipment rental (if any) may be charged in advance. If payment is not received by the due date stated on the bill, interest shall accrue on unpaid amounts at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, from the due date until paid in full, and/or late fees and/or door collection charges may be assessed and the Service may be disconnected. You may be required to pay a reconnection fee in addition to paying all past due amounts in full before the Service(s) are reconnected. You acknowledge that Grande also may require a security deposit before reconnecting the Service(s). You agree to pay a $30.00 administrative fee for returned checks and failed bank drafts or electronic transfers. You understand that early termination by Customer of an agreement with a stated duration (also called the contract “term”) may result in early cancellation penalties. Credit for Service may be offered at Grande's sole discretion, but only in accordance with applicable law.
Disconnection of Basic Local Telephone Service
Pursuant to state law, Grande may disconnect basic local telephone service without notice to you for one of the following reasons:
A. service is connected or reconnected without authority;
B. equipment tampering;
C. theft of service; and
D. other acts of fraud.
A notice of disconnection will be mailed to you when a bill is overdue. The notice will state the amount overdue and the date of disconnection allowing at least ten (10) days to make late payment.
Customer Service
Grande expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. You acknowledge and agree that Grande will not be liable for any damage to your computer or other equipment or software resulting from or arising in connection with our provision of technical service and support for the Services, even if such damage results from the negligence, gross negligence or intentional acts or omissions of the Grande installer, technician, customer service representative, or other Grande agent or representative. You may contact customer service at 1-877-6GRANDE.
Private Viewing, Unauthorized Service, and Use of Equipment
Grande provides Service to you for your private use and enjoyment. You agree that the cable programming provided by Grande will not be viewed in areas open to the public. Programming provided by Grande's Cable TV Service (or, if and as applicable, other Services) may not be rebroadcast, transmitted or re-transmitted, or performed, nor may admission be charged for its viewing, without first obtaining written consent for such use in advance from Grande and our programming suppliers, which may be withheld at the sole discretion of either Grande or the supplier. You agree not to attach or to allow to be attached any unauthorized device to the wiring or Equipment. If you make or allow to be made any unauthorized connection or modification to the Equipment or another part of Grande's network, you will be in breach of this Agreement and Grande may immediately terminate Service. In addition to a right to terminate this Agreement, Grande is entitled to recover damages from you, including without limitation court costs and reasonable attorney's fees, for tampering with any of the Equipment or any other part of the Grande network, or for receiving any unauthorized Service. In addition, it is illegal under both state and federal laws to tamper with Cable Equipment for the purpose of changing subscription levels. Doing so may subject you to criminal prosecution.
Theft of Cable Service
The federal Cable Act of 1984, as amended by the Cable Act of 1992, created both civil and criminal penalties against manufacturers, suppliers and users of unauthorized cable devices. This federal law about theft of cable service supplements any existing state or local laws. The federal law prohibits the interception or receipt of any communication service over Grande's cable system, unless authorized by Grande. This includes the theft of audio, video, textual, data or other service, including data transmitted to or from any Customer. The Cable Act provides Grande the right to seek substantial monetary damages with regard to theft of services. In addition, if the violations are willful and for commercial advantage or private financial gain, the court may award damages of up to $50,000 in civil cases and a maximum of $100,000 for certain criminal violations, in addition to a maximum of five years imprisonment for subsequent offenses.
Equipment Lease
The equipment installed by Grande belongs to Grande unless you have purchased it and have paid the purchase price in full. You may not sell, rent, lease, loan or give away the Equipment without Grande's prior written consent, and you may not use any of the Equipment at any location other than the Premises at which the Equipment was installed by Grande or for which it was provided by Grande. You may not use Grande Equipment for anything but Grande Services. You agree not to attempt to make repairs to, or to alter, disturb or tamper with the Equipment, and that you will not permit anyone other than Grande or Grande's agent to perform any work on the Equipment. You acknowledge that this Equipment has an actual value greater than its purchase price because it also is a means to receive programming not otherwise available to persons who are not Grande customers, and you agree to pay Grande $600.00 for each digital receiver not returned, $10.00 for each remote control device not returned, and $45.00 for each cable modem not returned to Grande in good condition upon termination of the Service for which it was provided by Grande. If you cease to be our Customer for any reason, you will be responsible for promptly returning the Equipment to Grande. The Equipment must be returned in working order, normal wear and tear accepted, or you will be charged the higher of (i) the retail cost to replace each such piece of Equipment with new Equipment, or (ii) any other amount specifically stated in this Agreement. You are responsible for preventing any tampering with or the loss of or damage to the Equipment within your Premises. Grande reserves the right to disconnect your Service(s) and remove the Equipment if it is determined by Grande in its sole judgment that the Equipment could be causing a problem with the Grande network.
Relocating or Removing Equipment
This Agreement is for the particular Premises and for the particular Customer identified herein. You agree that you will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by the Grande installer, nor let anyone do so who is not authorized by Grande. Grande may relocate the Equipment for you within the Premises at your request, and at your cost at Grande's then-prevailing applicable rates. If you relocate to a new address, this Agreement shall automatically terminate and you will promptly notify Grande as provided in this Agreement if you relocate or leave the Premises for any other reason. You acknowledge that you may incur additional charges for any Equipment relocation. You agree that you will not connect any other device to the dedicated Grande cable modem outlet. You understand that doing so may cause damage to the Grande network and subject you to prosecution for damages.
Damage to and Encumbrances on Equipment
All Equipment, except for Equipment purchased and paid for in full by you, will at all times be and remain the sole property of Grande. You may not sell, transfer, lease, encumber, lend or assign all or any part of the Equipment to any third party, or permit its removal from the Premises without the express written consent of Grande. You agree that you will pay the costs specified in this Agreement for the repair or replacement of any lost, stolen, unreturned, or damaged Equipment or part thereof, together with any costs incurred by Grande in obtaining or attempting to obtain possession of any such Equipment or otherwise to enforce its rights under this Agreement. You hereby authorize Grande to charge your Visa, MasterCard, other credit card, or other payment method that has been authorized by you for any such outstanding Service and Equipment charges. In the event such replacement or repair is necessary, Grande may, at its sole option, install or substitute new or reconditioned Equipment, including swapping existing Customer equipment for compliant Equipment, for which you may incur an installation and rental fee at Grande's then-applicable rates.
Expiration of Agreement; Termination by Customer; Termination Rights
Unless otherwise provided under separate written agreement signed by Grande, and subject to the provisions for disconnection of basic local telephone service, either you or Grande may terminate this Agreement at any time by giving the other party no less than twenty-four (24) hours written notice of such termination. In the event you terminate this Agreement, you must notify Grande by telephone or by a non-electronic written submission. Email submissions by Customer will not constitute effective notice to Grande. In the event of termination by Grande, Grande may notify you of such termination by electronic or other means. As noted elsewhere in this Agreement, Grande may terminate the Agreement without notice for violation of various terms of this Agreement. If you have elected annual prepayment terms, you agree and understand that the calculation of any refund for unused Service following termination will be based upon assessing the undiscounted rate for the Service for the period in which Service was provided and not upon the discounted annual prepayment rate.
Customer Obligations Upon Termination
Unless otherwise provided under separate written agreement signed by Grande, upon termination of this Agreement:
A. You agree to pay Grande in full for your use of any Grande-owned Equipment and Service up to the later of (i) the effective date of termination of this Agreement and (ii) the date on which the Service and any Grande-owned Equipment have been properly disconnected and returned in good condition to Grande. You agree to pay Grande for your use of any Grande-owned Equipment or Services for any part of a month less than an entire month on a pro-rated basis at the applicable rate.
B. You agree you will permit Grande to access the Premises at an agreed time to remove any Grande-owned Equipment and other material provided by Grande, and that you will not unreasonably refuse to agree to a suitable time for Grande to do so.
C. You agree you will immediately return or arrange for the return of any Grande-owned Equipment to Grande. You also agree you will promptly return all copies of any software provided to you by Grande in providing your Services; or if Grande instead requests destruction of such copies, that you will promptly do so and certify in writing that such destruction has in fact occurred, on a form to be provided by Grande.
Limited Warranty
ANY GRANDE EQUIPMENT AND SERVICES ARE PROVIDED BY GRANDE “AS IS” WITHOUT WARRANTY OF ANY KIND. GRANDE DISCLAIMS ANY AND ALL WARRANTIES OF UNINTERRUPTED USE OF THE EQUIPMENT OR THE SERVICE. GRANDE DISCLAIMS ANY AND ALL WARRANTIES THAT ANY DATA, VOICE, VIDEO, OR OTHER INFORMATION OR CONTENT SENT BY OR TO CUSTOMER WILL BE TRANSMITTED, WHETHER IN UNCORRUPTED FORM OR OTHERWISE, OR THAT SUCH TRANSMISSION WILL OCCUR WITHIN ANY PARTICULAR PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR USE FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
Governing Law
This Agreement shall be exclusively governed by, and construed, applied and enforced in accordance with the laws of the State of Texas. Venue for all claims or actions arising under or concerning this Agreement or the Services provided by Grande shall be and lie exclusively in Hays County, Texas.
Limitation of Liability
YOU ARE ENTIRELY AND SOLELY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES OF YOUR USE OF THE GRANDE SERVICES AND ANY AND ALL OF THE CONTENT YOU MAY TRANSMIT ON THE GRANDE network, REGARDLESS OF THE FORESEEABILITY OF THOSE CONSEQUENCES.
UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, GRANDE SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR:
A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, AND PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH:
1. PROVIDING YOU SERVICES, OR YOUR USE OF THE SERVICES OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE RESULTING FROM OR RELATED TO YOUR OR ANY THIRD PARTY'S RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MIS-DELIVERIES, TRANSMISSION OR NON-TRANSMISSION, OR ANY FAILURE OR PERFORMANCE OF THE EQUIPMENT OR SERVICE, EVEN IF GRANDE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
2. THE INSTALLATION OF CABLE OR DSL MODEM, INCLUDING DAMAGE TO YOUR PERSONAL COMPUTER; AND
3. THE TERMINATION OR RECLASSIFICATION OF YOUR ACCOUNT BY GRANDE PURSUANT TO THIS AGREEMENT;
B. ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, OR SUIT OR OTHER PROCEEDING, BASED UPON A CONTENTION THAT YOUR USE OF THE EQUIPMENT OR SERVICE, OR THAT ANY CONTENT TRANSMITTED BY YOU ON GRANDE'S NETWORK:
1. INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS;
2. CONSTITUTES A LIBEL OR A SLANDER OR OTHER DEFAMATION UPON ANOTHER OR THE BUSINESS OF ANOTHER, OR IMPERMISSIBLY INVADES OR COMPROMISES THE PRIVACY OF ANOTHER; OR
3. COMPROMISES OR VIOLATES THE CONTRACTUAL, PROPERTY OR OTHER LEGAL OR EQUITABLE RIGHTS OR INTERESTS OF ANOTHER; OR
C. ANY DAMAGES OF ANY KIND RESULTING IN ANY WAY FROM ANY OTHER PERSON ACCESSING, COMPROMISING, OR DESTROYING OR DAMAGING THE INTEGRITY OF YOUR COMPUTER OR OTHER EQUIPMENT, OR ACCESSING, COMPROMISING, COPYING, DISSEMINATING OR DESTROYING YOUR CONTENT, THROUGH OR BY MEANS OF THE GRANDE SERVICES. THESE LIMITATIONS ALSO APPLY TO THE ACTS AND OMISSIONS OF GRANDE, INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, WHICH, BUT FOR THIS PROVISION, OTHERWISE WOULD GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL DOCTRINE. FOR THE PURPOSES OF THIS LIMITATION OF LIABILITY SECTION, “GRANDE” INCLUDES GRANDE AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS OR OTHER PRINCIPALS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS. CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GRANDE FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO:
A.YOUR USE OF THE SERVICE AND ANY CONTENT TRANSMITTED BY YOU ON GRANDE'S NETWORK, INCLUDING WITHOUT LIMITATION USE OF THE EQUIPMENT OR THE SERVICE IN ANY MANNER PROHIBITED UNDER THIS AGREEMENT.
B. THIRD PARTY CONTENTIONS THAT YOUR USE OF GRANDE'S SERVICES:
1. INFRINGED THE THIRD PARTY'S INTELLECTUAL PROPERTY;
2. CONSTITUTED DEFAMATION, LIBEL OR SLANDER OF THE THIRD PARTY OR THE THIRD PARTY'S BUSINESS;
3. CONSTITUTED A VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION;
4. CONSTITUTED AN INVASION OF ANOTHER'S PRIVACY OR A VIOLATION OF SUCH PERSON'S OTHER LEGAL, EQUITABLE OR MORAL RIGHTS; OR
5. CONSTITUTED UNAUTHORIZED ACCESS TO OR MANIPULATION, COMPROMISE OR DESTRUCTION OF THE PROPERTY, EQUIPMENT, OR CONTENT OF ANOTHER.
FOR THE PURPOSES OF THIS INDEMNITY PROVISION, “GRANDE” INCLUDES GRANDE AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS OR OTHER PRINCIPALS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS.
Arbitration
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROVISION BY GRANDE OF ANY EQUIPMENT OR SERVICE, OR THE PERFORMANCE OF ANY EQUIPMENT OR SERVICE, SHALL BE RESOLVED BY BINDING ARBITRATION IN AUSTIN, TEXAS COMMENCED NO MORE THAN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION AROSE, AND UNDER AND ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEY'S FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.
Miscellaneous
This Agreement constitutes the entire agreement and understanding between you and Grande with respect to the subject matter of this Agreement and that it supersedes and replaces any and all prior written or verbal agreements between us. Nothing contained in this Agreement shall be construed to limit Grande's rights and remedies available at law or in equity, which shall be cumulative with respect to any rights or privileged specified herein. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Grande's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right with respect to any other event of default by you. No course of conduct, dealing or performance between us, nor any trade practice or standard, shall act to modify any provision of this Agreement, except as may be required by law. Grande reserves the right to terminate and refuse Service as deemed necessary by Grande in its sole discretion. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by Grande to third parties without any notice to you and without your approval. This Agreement is solely for the mutual benefit of you and Grande, and no others. No third party beneficiaries are created by, or shall exist with regard to, this Agreement.
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