Laurens Municipal Power & Communications (LMPC)
Terms and Conditions of Service
THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH LMPC (or "the Company")
WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT ACCEPT AND WISH TO RESCIND THESE TERMS
AND CONDITIONS, YOU MUST DELIVER A WRITTEN NOTICE OF CANCELLATION TO THE LMPC OFFICE
AND RETURN ALL EQUIPMENT IN ORIGINAL CONDITION WITHIN SEVEN CALENDAR DAYS OF
ACCEPTING THIS AGREEMENT.
1. LMPC SERVICE
A. Services Defined. LMPC offers a variety of services that are distributed through our cable plant including, but not limited to, Digital Video programming, Telephone, and Internet services, as well as other services that we may provide to consumers in the future (collectively "Services"). For purposes of this Agreement, the terms "You" or "Your" refer to you, the LMPC customer.
B. Term of Subscription and Minimum Level of Service. LMPC does not require You to maintain services for a minimum period of consecutive months. You may add additional services at any time as long as your account is in good standing. LMPC does not charge for your initial standard service installations.
C. Additional Digital Equipment. For LMPC Digital Video customers, a separate LMPC digital converter may be required for each television. LMPC may allow you to place additional digital converters on your account. Each additional converter will be authorized to receive the same Services as your initial converter. LMPC may charge you a monthly digital converter rental fee for any and all digital converters on your account. If you desire to receive Services at different locations, you must open a separate account for each dwelling unit and pay a separate subscription fee. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple LMPC digital converters that are not all located in the same residence. If LMPC later determines that you did, we may terminate your Services and you agree to pay us all applicable fees and charges. Termination of Services shall not prejudice our ability to exercise any other rights and remedies LMPC may have under this Agreement, at law, in equity, or otherwise.
D. Changes in Services Offered. LMPC reserves the right to change our channel line-up, at any time. We will provide you notice of the change. The notice may be provided on your billing statement or by other communication reasonably calculated to reach you. In the event of a change in the contents of any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement the programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree you will not be entitled to any refund or be entitled to a release from your obligations under this Agreement because of a change in the contents of any programming, programming packages, or other Services.
2. BILLING POLICIES AND PAYMENT FOR SERVICES
A. You agree to pay all amounts billed for Services and to pay all taxes, fees, and other charges, if any, which are now or may in the future be assessed on the Services you receive from us. We will bill you each month, in advance, for Services ordered by you or anyone who uses your LMPC equipment, whether with or without your permission, until you cancel the Services. The bills you receive will show the total amount due, the payment due date, payments, credits, purchases and other charges to your account.
B. You agree to pay us in full by the monthly payment due date indicated on your bill for the Services and for any other charges due us. Payment of your bill after the due date will result in the assessment of a Late Payment Fee in accordance with our Company policy and state law, where applicable. Other fees and charges may also be assessed. If partial payments are made, they will be applied first to the oldest outstanding bill. If you send checks or money orders marked "payment in full," we can accept them without losing any of our rights to collect any other amounts owed by you, notwithstanding your characterization of the payment. LMPC does not extend credit to our customers, and you acknowledge and agree that the Late Payment Fee is not interest, a credit service charge, or a finance charge.
You understand and agree that in the case of nonpayment for any Services ordered by you or for any of the charges stated below, we may report such nonpayment to consumer reporting agencies. If you do not pay your bill by the due date, we have the right to disconnect your Services at any time thereafter, in our sole discretion and to collect the charges and fees set forth herein.
C. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a converter, liquidator, or trustee is appointed for your property or affairs, we shall have the right to terminate this Agreement and be wholly relieved from our obligations hereunder.
D. You agree that LMPC may pursue all avenues of collection, including the use of collection agencies. If we use a collection agency or attorney to collect money you owe us or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys’ fees and court costs. If there are billing errors or other requests for credit, you may contact our office in person, by telephone or in writing. You must contact us within sixty (60) days of the time you receive the billing statement for which you are seeking corrections. Failure to timely notify us of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for Services must be made directly by you to us.
3. CANCELLATION/TERMINATION OF SERVICE
A. Your Service will continue until cancelled in person or in writing at the LMPC office.
B. You may rescind this agreement without financial obligation, except for the obligation to return any equipment by delivering a written notice of cancellation to the LMPC office within seven (7) calendar days of service activation and returning to LMPC all equipment in the original condition.
C. In the event that you move to a location outside of the service area of LMPC, then we agree to permit early termination without further penalty as long as all equipment is returned in its original condition.
D. LMPC has the right to terminate your Services at any time if: (i) you fail to pay your bill when it is due; (ii) we receive confirmation that you have received the Services or any part of the Services without paying for them; or (iii) you otherwise violate the terms of this Agreement. You understand that, if Service is terminated for failure to timely make payment, payment of a reconnection fee, amounts due, outstanding equipment and/or other payments may be required before LMPC will reinstate service.
E. If you cancel or your Service is cancelled for any reason, you are still responsible for the return of any LMPC equipment and payment of all outstanding balances accrued. You are required to return all LMPC equipment in good working condition when you terminate, cancel, or discontinue services with LMPC. If you fail to return the leased equipment, you agree to purchase such equipment from LMPC.
4. LIMITATION OF OUR LIABILITY
A. LMPC WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE SERVICES, SATELLITE TRANSMISSION FAILURE, THE FAILURE OF THIRD PARTY PROGRAMMING SUPPLIERS TO FULLFILL PROGRAMMING COMMITMENTS, THE RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE THROUGH YOUR LMPC EQUIPMENT OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL. LMPC WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT. LMPC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL LMPC HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.
B. It is your responsibility to impose any restrictions on viewing by you, other members of your household, or guests, and LMPC shall have no liability to anyone due to or based on the content of any of the Services furnished to you.
5. VIOLATIONS OF LAW
A. The Services provided may only be used for lawful purposes. It is a violation of the City Code as well as U.S. federal and state laws to receive any video Services without paying for the service.
B. Please see the complete text of the LMPC Acceptable Use Policy at www.lmpc-ia.com for information regarding your legal obligations that accompany your use of LMPC’s Internet service. Generally, however, you are responsible for any misuse of the Internet service even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Illegal activities include, but are not limited to, posting or disseminating material which is unlawful (such as child pornography or obscene material), harassing other Internet users, disseminating material which violates the copyright or other intellectual property rights of others, compromising the security of another person’s computer, including LMPC servers, pyramid or other illegal soliciting schemes and any other fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
A. Physical Address/Change of Address. When setting up your LMPC account, you agree to provide us with the physical street address where the Service will be provided. A post office box does not constitute a physical address and is not sufficient to meet this requirement. You agree to give us prompt notice of your change of name, mailing address, physical address where our Equipment is located, and telephone number. You may do this by notifying the LMPC office in person, by telephone, or in writing.
B. Notice. If we send you notice, it will be considered given when deposited in the U.S. Mail, addressed to you at your billing address or hand-delivered to your physical address. Our notice to you will also be effective if provided on your billing statement or by telephone. If you give notice to us, it will be deemed given when received by our office.
C. Severability. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified to the extent necessary, without affecting the validity of any other provisions or the overall agreement.
D. Eligibility. You must be at least 18 years of age to establish an account with LMPC and assume the responsibilities of this Agreement. You must also reside in our service territory in and around Laurens, Iowa.
E. Other. These Terms and Conditions and the Application for Service contain the entire agreement between LMPC and you, the customer. No salesperson, installer, customer service representative, authorized retailer, or other individual is authorized to change or supplement such agreements unless in writing and approved by the LMPC General Manager. LMPC may, however, change the terms and conditions of this Agreement in the future by sending you such changes and specifying that they shall be effective as of the next payment due date. The terms of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive termination shall continue after termination until fully performed.
F. Applicable Law. By ordering services pursuant to and in accordance with the terms of this Agreement, you agree that the internal laws of the State of Iowa without regard to the principles of conflicts of law, will govern this Agreement and any dispute of any kind that arises between you and LMPC.