TERMS & CONDITIONS
Please read this document carefully. It governs the relationship between you (the “customer”) and Innovative IoT, LLC (the “company”). If the terms of this agreement are not acceptable to you, do not use the services and notify the company immediately.
Office Location
Physical: 5215 S Coulter, Suite #300B, Amarillo, TX 79119
Billing: PO Box 20388, Amarillo, TX 79114
Office Hours
8:00am-5:00pm, Monday through Friday, except on holidays
Customer Service Number
806-414-5452
Credit Requirements
The company requires new customers to establish creditworthiness. A customer’s social security number is required for all new orders for service. No deposits are required or accepted for service; however, prepayment for first month’s service and the installation charge or conversion fee (if applicable) is required if credit score does not meet established guidelines. Standard information from credit reporting agencies determines which services a prospective customer is eligible for with the company. In the event that creditworthiness was established in one name and the service responsibility transfers to another party, including the customer’s spouse, the receiving party will have to establish creditworthiness.
Non-discrimination Policy
The company’s services are provided without discrimination as to customer’s race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination of the basis of geographic location.
Policy on Disconnection of Service for Nonpayment
The company may disconnect service when the undisputed monthly bill for service is not paid on time or in full according to the dates stated on the bill. Before service is disconnected, the company will send a disconnect notice with a 10 day notification period. If service is disconnected or suspended, the customer may reestablish service within two business days with full payment of the past due amount and payment of a reconnection fee. After the two-day reconnection period, a returning customer must pay all outstanding balances plus new connection charges.
If service is disconnected, the customer is still liable for all outstanding charges and the account will be subject to collection action. Customer agrees to pay all costs and expenses, including without limitation, collection fees and reasonable fees of attorneys, other experts and court stenographers, and court costs incurred in enforcing the terms of this agreement.
Customer is also liable for all data services used, taxes, regulatory fees, and other appropriate charges. Failure to pay for these charges will result in the disconnection of those specific features or services. Company reserves the right to set spending limits on usage-sensitive services. In the event that a customer exceeds the preset dollar limits, company may suspend or block those services until the account is made current.
Disputes for Billing or Out-of-Service Conditions
Billing Disputes
Customers should notify Company of disputed billing items within 60 days of receipt of bill by calling customer service. In the event that an investigation of this issue shows that the customer has been over billed, Company will issue a credit to the customer’s account for the over billed amount by the next available billing cycle.
Out-of-Service Disputes (Local Service)
At the customer’s request, Company will refund a pro rata amount of the monthly service payment for the period of time after the customer notifies the company of an out of service condition and the time that the service is operational again.
Minimum Service Commitment
Company monthly service charges are subject to a 30-day minimum beginning on the day of conversion or installation.
Liability of the Company
Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in data service if caused by the underlying carrier, an act of God, fire, war, civil disturbance, act of government, or due to any other causes beyond the company’s control. The company’s liability for damages resulting in whole or in part from furnishing service shall not exceed an amount equal to the charges for the call or service lost due to the interruption, delay, error, omission, or defect.
Disputes for billing from Other Carriers or Other Service Providers
Company is not responsible for bills originating from other carriers or other service providers.
Notification Periods
Company will give notification of any material changes in our rates or conditions of service at least 30 days before the change. Notice of a change in taxes or regulatory fees (such as 911 and Municipal Right-of-Way) will be provided in accordance with the governing laws.
Prohibited Uses
Customers are prohibited from making calls or using services in any way that might reasonably be expected to frighten, abuse, torment, or harass others. Use in such a way as to interfere with the use by others is also prohibited. Use of fraudulent means, devices, or schemes, to avoid payment is also prohibited. Other prohibited uses are described in the company’s Internet Acceptable Use Policy. The company may discontinue service if, in its sole discretion, customer is engaging in prohibited uses.
Indemnity
Customer will hold Company and any of its representatives harmless and free of any legal action for any claims that may occur as a result of assisting customer with Internet service.
If one or more provisions of this agreement shall be held unenforceable, invalid, or illegal in any respect, such unenforceability, invalidity, or illegality shall not affect any other provision of this agreement, which shall be construed as if such unenforceable, invalid, or illegal provision had never been a part hereof. This agreement governed by and construed under the laws of the state of Texas, Randall county venue, and applicable federal laws without regard to choice of law principles.
Other Important Charges & Fees
Late Payment Charge = The greater of $12.00 or 1.25%
Dishonored Check Fee – also applies to bank drafts = $30.00 per incident
One-time bank draft fee = $10.00 per draft
Reconnection Fee – must be paid within two days of suspension of service = $29.00 per service
Charge for customer premise visit with no access = $35.00 per incident
Regulatory Fees and Taxes
Company includes all mandatory fees and taxes and collects such fees on its data bills. The charges are generally the same or less as those charged by other data service providers.
Customer agrees to all 4G LTE Network Terms and Conditions posted at www.innovativeiot.com/terms.
SERVICE LEVEL AGREEMENT
Innovative IoT, LLC is committed to selling only reliable, high-quality networks to support Customers using Innovative IoT Internet Access & Data Connectivity Services. This Service Level Agreement (SLA) outlines the minimum service a Customer may expect from Innovative IoT for the contracted service.
DEFINITIONS
“Customer” shall mean a Innovative IoT customer who has executed a binding agreement for Innovative IoT Connectivity Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Innovative IoT, or is in violation of the Innovative IoT Terms of Service document, Fair Use Policy, or the customer’s Statement of Work.
“CPE” (Customer Premise Equipment) includes any equipment that Innovative IoT provides and/or installs at Customer’s location that is required to deliver the service ordered.
THIRTY DAY SATISFACTION GUARANTEE
If Customer is for any reason dissatisfied with any Innovative IoT provided Data Service of 10 Mbps or less, Customer may, during the Thirty Day Service Guarantee period, terminate the Data Services purchased without liability for further term commitments.
In the event that Customer terminates the Data Services as allowed herein, Customer will remain responsible for all fees and charges for any Site Survey, Test Plan, Installation, Equipment and data used.
The Thirty Day Service Guarantee period shall start upon installation of the Data Services and end thirty (30) days thereafter.
SERVICE GUARANTEE
The availability targets referenced below do not account for scheduled outages on Innovative IoT’ carrier networks or events outside of Innovative IoT’ control, including, but not limited to, force majeure events or Customer equipment outages.
WIRELESS INTERNET AND DATA:
The throughput Customer receives will vary from carrier to carrier depending on a variety of factors such as tower site locations, signal strength, equipment used, internal wiring, Internet traffic, and other variables outside of Innovative IoT’ control. Due to this, Innovative IoT will not, and cannot guarantee download/upload speeds, or uptime availability. Also, any latency, jitter, or packet loss is NOT guaranteed.
In the case of a stationary connection: Innovative IoT does understand that issues can and do happen. If customer has multiple issues, within a 30-day time period, to a connection that is NOT mobile, customer can request a change to their connection. Customer must work with Innovative IoT to improve the situation and agree with Innovative IoT the new course of action. If that improvement involves multiple connections to the same site, then customer is financially liable for any increased data costs. Customer is also liable for other costs of improvement including Site Survey, Test Plan, Installation, Equipment, and all data used.
In the case of mobile connection:
Innovative IoT does understand that mobile issues can and do happen. If customer has multiple issues, within a 30-day time period, to a connection that is mobile, customer can request a change to their connection. Mobility adds to connection challenges and it may not be the fault of the equipment or the connection. Challenges such as busy towers, overloaded internet, equipment updates, and multiple other things that are completely outside of Innovative IoT’s control. Innovative IoT welcomes discussions on fixing the issue. Any proposed fixes will be done only at the approval of Innovative IoT. Customer must work with Innovative IoT to improve the situation and agree with Innovative IoT the new course of action. If that improvement involves multiple connections to the same site, then customer is financially liable for any increased data costs. Customer is also liable for other costs of improvement including Site Survey, Test Plan, Installation, Equipment, and all data used.
All Internet & Data Connectivity Services
Innovative IoT does not guarantee “ping times” for any product. Ping times are often misunderstood as indicative of throughput or speed of Customer’s line. If Customer has any questions or concerns regarding ping times or throughput, Customer should contact Innovative IoT Technical Support.
If Innovative IoT provides CPE, all Innovative IoT provided CPE is pre-configured for the service ordered. Support for the external configuration of Customer’s hardware (i.e., WAN configuration) comes with the service; however internal configuration for Customer’s private network (i.e., LAN configuration) is not supported by Innovative IoT. Innovative IoT cannot guarantee Customer’s hardware’s compatibility with Innovative IoT’ services or Innovative IoT’ ability to support it. If a technician visit is required to configure pre-owned or non-Innovative IoT provided hardware, an additional charge may be involved.
If a technician dispatch is necessary to repair any non-Innovative IoT initiated changes to the on-site equipment or wiring that renders the service inoperable, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per Innovative IoT’ discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by Innovative IoT.
Other than as specifically described in these Terms of Service, Innovative IoT makes no guarantee or warranty of any kind. Innovative IoT does not warrant or guarantee that its service is fit for Customer’s particular purpose. Innovative IoT does not warrant or guarantee that its service meets any implied warranty of merchantability. Innovative IoT does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
POLICY CHANGE
Innovative IoT reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on the Innovative IoT website.
Call Customer Service with any questions you may have.
Fair Use Policy
This fair use policy (the “Policy”) defines fair practices for the use of services (the “Service”) from Innovative IoT, LLC., and/or their affiliates (including direct and indirect subsidiaries and parents) (collectively, “Innovative IoT”). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively, “Users”) are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. The Policy applies to all aspects of the Service.
This Policy is designed to assist in protecting the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (“ISPs”), Users of the Innovative IoT services must also conform to the applicable fair use policies of such other ISPs.
Suspension or Termination of Service/Other Rights and Remedies
If Users engage in conduct, intentionally or unintentionally, while using the Service that violates the Policy, or is otherwise illegal or improper, Innovative IoT reserves the right to suspend and/or terminate the Service or the User’s access to the Service. Innovative IoT will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the Innovative IoT service is threatened or cases involving unsolicited commercial email/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment, copyright or other intellectual property infringement or other actions or activities we deem in our sole discretion to threaten liability or harm to Innovative IoT or any of our suppliers or other users of our services, we reserve the right, in our sole discretion, to suspend or terminate your Service or the User’s access to the Service without notification. In addition, nothing herein shall be construed to limit our actions, rights, or remedies with respect to any such activities, and we may take any other appropriate action against a User for violations of the Policy. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy. Innovative IoT as a standard policy is to not monitor or interrupt our users’ activities, exert editorial control over their content, or censor them or their content. To protect the interests of Innovative IoT and in the best interests of our customers, exceptions to this policy may be made at the sole discretion of Innovative IoT.
Innovative IoT considers each of the practices listed above and under “Prohibited Uses” herein to constitute abuse of the Service in violation of this Policy. In addition to promptly and satisfactorily addressing any obligations, fines, or fees that may be applied due to violation of the Policy, you agree to indemnify, defend, and hold Innovative IoT and its officers, directors, owners, agents, representatives, licensors, and suppliers harmless from and against any and all liabilities, costs, damages, expenses (including attorneys’ fees), causes of action, suits, allegations, or other claims (collectively, “Claims”) resulting from your or your Users’ violation of this Policy. You will cooperate as reasonably required in Innovative IoT’s defense of any Claim. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the express written consent of Innovative IoT.
Cooperation with Investigations
Innovative IoT will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Innovative IoT reserves the right to disclose customer information to the extent authorized by federal or state law, to protect and defend its rights and property, to enforce the terms and conditions applicable to the Service, or to act to protect the interests of other users and network providers. In those instances involving child pornography, Innovative IoT complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Modifications to Policy
Innovative IoT reserves the right to modify this Policy at any time without notice. We will post a revised version of the Policy on our Web site. It is your responsibility to check the Web site periodically for updates to this Policy, and you are responsible for compliance with any and all posted guidelines or codes relating to use of the Service.
Prohibited Uses
Illegal Activity
You and your Users are responsible for abiding by all applicable local, state, national, and international laws and regulations in relation to use of the Service. The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the networks accessible through the Service. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the User accounts, passwords, or private communications of other Users.
Unsolicited Commercial Email/Spamming/Mail bombing
A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, “spamming” or “mail bombing” is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mail bombs, to promote and/or connect to any site connected to our service. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. The Service shall also not be used for other kinds of deceptive or fraudulent marketing offers or communications, including without limitation any “chain letters” or “pyramid schemes.”
Spoofing/Fraud
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance, in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority (IANA)) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.
Other Activities or Examples
The following activities are also prohibited:
This listing of prohibited activities is not exhaustive and Innovative IoT reserves the right to determine that any conduct that is or could be harmful to the Innovative IoT Service, InnovativeIoT’s customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.
Complaints
Innovative IoT receives complaints directly from Internet Users, through Internet organizations and through other parties. Innovative IoT shall not be required to determine the validity of complaints received before taking action under this AUP, nor shall it be required to provide notification to you or your Users of any action taken in response to a complaint. A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. Innovative IoT has no obligation to forward the complaint to the User or to identify the complaining parties.
Responsibilities of Users
Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify Innovative IoT of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us. You are aware that some areas of the Internet may contain material that is unsuitable for minors and, where possible, you and your Users agree to supervise usage by minors that you or your Users permit to use the Service. You agree that your Users shall be subject to terms of service and policies that are substantially similar to and no less stringent than this Policy. Although we may notify you of complaints received by us regarding an alleged violation of this Policy, we accept and are under no obligation to do so, and we reserve the right to take such action as we deem necessary in our sole discretion to remedy or otherwise respond to any complaint with or without notice. When notice is provided to you, you agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy, including but not limited to the prompt termination of accounts that are engaging in activity in violation of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.
Should you become aware independently (by notice from a third party or otherwise) of any activity that would constitute a violation of this Policy, you agree to notify Innovative IoT and to undertake such an investigation. You and other Users agree to cooperate with any investigations by Innovative IoT of incidents or alleged violations of this Policy, including the provision of information necessary to support such investigations.
Impending Security Event Notification
Security of a User’s network and systems is the sole responsibility of the User. All Users of the Innovative IoT Services are responsible for notifying Innovative IoT immediately if they become aware of an impending event that may negatively affect the Innovative IoT Service. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
Configuration
Users are responsible for all services utilized via the Service and connection to the Innovative IoT Service, including any support services or equipment used in connection with such use. All Users of the Innovative IoT Service are responsible for configuring their own networks and systems to provide the maximum possible accountability. Innovative IoT shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Innovative IoT. Users of the Innovative IoT Services are responsible for educating themselves and configuring their systems with proper security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
Internet: Privacy/Use of Links
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. We make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”
Any links available on the Internet may permit Users to visit third party sites. These sites are not under the control of Innovative IoT, and Innovative IoT is not responsible for their contents or any further links contained therein. Any dealings with third parties via the Service are solely between the User and such third party. Innovative IoT shall not be responsible or liable for any part of such dealings.
Additional Terms and Conditions
The use of the Innovative IoT Services by a customer of Innovative IoT, LLC, is subject to the terms and conditions of any agreements entered into by such customer and Innovative IoT. This Policy is incorporated into such agreements by reference.
Complaints and Contact Information
Any complaints regarding prohibited use or other abuse of the Innovative IoT Service, including violations of this Policy, should be sent to Innovative IoT. Please include all applicable information that will assist Innovative IoT in investigating the complaint, including all applicable headers of forwarded messages. Sites experiencing live attacks from Innovative IoT customers should call into our customer service center (telephone (806) 350-9000) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention.