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Mid-Rivers Cable Television Service Agreement

Thank you for choosing MID-RIVERS TELEPHONE COOPERATIVE, INC. or CABLE & CELLULAR COMMUNICATIONS, LLC, d/b/a MID-RIVERS COMMUNICATIONS (“Company”), 904 C Avenue, Circle, MT 59215, as your cable television service provider.  By using the Company’s cable television services, you (“Customer”) indicate your consent to the terms and conditions of the following Cable Television Service Agreement (“Agreement”). If you do not consent to these terms, you cannot use our service.  Your continued use of the Company’s service will confirm your consent to these terms and conditions, as well as your acceptance of any and all changes the Company may make to the Agreement in the future.

 

I. Terms of Cable Television Service Agreement

By subscribing to Cable Television Service from the Company, you represent that you are at least eighteen years old and that you are legally able to enter into this Agreement, and you agree to:

  1. Purchase services from the Company in accordance with established rates and tariffs.
  2. Provide right-of-way when needed at no cost.  This may include right-of-way for toll and exchange services crossing the subscriber’s property in addition to right-of-way for services to subscriber’s property, provided that reasonable compensation shall be paid by the Cooperative for any surface damages arising from use of the right-of-way.
  3. Comply with and be bound by the Company’s Articles of Incorporation and Bylaws of the Cooperative and any rules and regulations adopted by the Board.
  4. Allow Company to perform a credit check before providing the terms of service.   Company reserves the right to deny or alter the terms of service based upon a credit check, including requiring service deposit(s) based on level of service selected. Service deposits may be refunded after 12 months of service for customers in good standing.

II. Equipment

  1. Set-top box(es) are required to receive any Digital  programming and Premium channels.  You agree to lease the set-top box(es) from the Company for a monthly fee (which may be included in the per connection rate quoted depending on your service plan).
  2. In the event the set-top box(es) are damaged, lost or stolen, you agree to reimburse the Company for the actual cost of the set-top box, normal wear and tear excepted.
  3. You agree to pay a one-time installation charge as quoted at sign-up, which does NOT include any wiring of the premise.
  4. Equipment deposits may be required per set-top box.  Deposits may be waived for customers agreeing to keep the service for two (2) years WITH ACH (automatic payment by checking, savings or credit card).  Any deposits required will be refunded to customers in good standing after two (2) years.

III. Service Commitment

  1. You have agreed to have the Company provide Cable Television services including any associated services which may include but are not limited to Digital Video Recording (DVR) for a specified term as indicated at the time of service sign-up or upgrade.  Promotional offers may require you to keep the service(s) for at least two (2) years.  The term begins on the date services are connected.
  2. If Cable Television service(s) are disconnected prior to the end of any applicable service term agreement for reason of provision of service by a competing cable television/video provider, non-payment of service, or violations of law or regulations, you will be billed for service for the number of months remaining under the agreement, including the price of any set-top box(es) not returned to the Company at the time service is disconnected.  Such payments will be made through ACH for customers signed up for automatic payment.
  3. At the end of the applicable service term, service(s) will be provided on a month-to-month basis (with continued ACH payments if applicable).

IV. Rates, Charges and Payment

  1. Rates and associated fees are subject to change with 30 days’ written notice, whether under a service term agreement or month-to-month.
  2. Basic Service is the minimum level of service available.  Basic Service is required before you can subscribe to additional services.
  3. A franchise fee will be charged where applicable.
  4. Each connection is billed at the current per connection rate.
  5. You will receive bills monthly that are due and payable upon receipt.  Late fees may apply.  Bills are delinquent if not paid within 30 days of receipt.  You are required to pay Company for all charges associated with this service including applicable late fees.  Bank charges may also be assessable.
  6. Upon non-payment of any sum due to the Company for applicable monthly service plan and equipment, or upon violation of any of the conditions of this Agreement, the Company may by transmitting or mailing a notice to you, either terminate the Agreement or temporarily disconnect your service(s).  Service balance owing, connection charge, and service deposit may be required prior to reconnection of service.  You will be responsible for all expenses (including reasonable attorney fees) incurred in collecting any unpaid amounts due.
  7. When paying bills through ACH (automatic payment by checking, savings, or credit card), you will receive a monthly billing statement for your review prior to the automatic payments being deducted from your account.

V. Changes to Services

  1. Company may add, delete, rearrange and/or change any and all programming, programming packages and other services the Company offers, as well as the prices and fees related to such programming, programming packages and services, at any time, including without limitation, during any service term commitment period to which you have agreed.
  2. If a change affects you, Company will notify you of such change and its effective date.  In the event that Company deletes, rearranges or changes any programming, programming packages or other services, Company has no obligation to replace or supplement such programming, programming packages or other services.
  3. You are not entitled to any refund because of a deletion, rearrangement or change of any programming, programming packages or other services.

VI. Indemnification

  1. Company shall have no liability and no credit shall be given for interruptions, delays or failures in service due to your negligent and willful act, Acts of God, or other causes beyond the control of the Company.  The sole liability of the company, if any, for any claim, loss, expense or damages of any kind, whether direct, indirect, special or consequential, arising from or in any way attributable to acts or omissions of Company relating to the installation, provision, termination, maintenance, repair, restoration or billing of any service, feature or option, whether caused by the negligence of Company or any other manner except for your negligence or willful act, is limited to the allowance of a credit in the form of an adjustment for no more than the pro-rata charges billed to you for the period during which the service problem occurred.
  2. Except as provided above, you hereby agree that Company shall not be liable for and shall be held harmless by you from and against, and you agree to indemnify Company for any and all claims and damages of every kind arising out of the use or misuse of any service and/or equipment provided under this Agreement, as well as any damages arising out of or attributed, directly or indirectly, to service problems.

VII. Termination

  1. The Company may also terminate service in the event of insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, liquidation, dissolution, reorganization or other similar proceedings as initiated by or against you, the customer.  The Company may refuse or disconnect service without notice in the event that network services are not available, your credit information is not accurate, or service is used in a manner that adversely affects Company’s service to others or is in violation of FCC Rules or Regulations.  The Company reserves the right to require a deposit for continuation of service, if necessary.
  2. You agree that your only right with respect to any dissatisfaction with any (a) Agreement term, policy or practice of the Company in operating the Service; (b) Content available on or through the Service or change therein; or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement.
  3. If service is disconnected prior to the end of any applicable service term agreement for reason of provision of service by a competing cable television/video provider, non-payment of service, or violations of law or regulations, you will be billed for service for the number of months remaining under the agreement, including the price any set-top box(es) not returned to the Company at the time service is disconnected.  Such payments will be made through ACH for customers signed up for automatic payment.
  4. Only the person whose name is on the account will be able to make changes to or cancel an existing account.

VIII. Law

  1. The Agreement will be governed by the laws of the State of Montana, excluding its conflicts of law rules. You and the Company each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of Montana.
  2. Customer may not assign this agreement.  Company may assign its rights and obligations hereunder if Company determines this action necessary for valid business purposes.

Last Updated:  August 3, 2015

 

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