Subscriber (“Customer”) agrees to be bound by these Residential General Terms and Conditions of Service with respect to all residential services provided by NGX Networks. All references to “NGX Networks” in these Terms of Service mean NGX Tech Solutions, LLC, its parents, affiliates, or subsidiaries providing Subscriber the Services. 

ACCEPTANCE.  Subscriber accepts these Terms of Service by doing any of the following: (i) written or electronic signature; (ii) informing NGX Networks electronically or orally of such acceptance; (iii) activating a Service, Equipment or Device; (iv) breaking the seal on any package or box containing any Equipment or Device; or (v) use of or payment for, in whole or in part, the Service, Equipment or Device. 

PAYMENT SCHEDULE. Billing will commence at the date the service was activated. At the time of the first bill, the Customer will be billed Non-Recurring (Installation) charges, as well as the appropriate monthly recurring charges (“MRC”) for the service(s) ordered. Invoices are due on the date stated on the Invoice. Invoices are considered overdue after the due date has passed. The late fee shall be an amount of $10.00 dollars. All payments shall be made by credit/debit card following the URL link on the invoice, by eCheck (ACH), or by mailing a check. If the Subscriber wants to enroll in autopay Subscriber must contact our billing department to have it setup. 

TAXES. Subscriber is responsible for the payment of all applicable Taxes in force and effect on Subscriber’s monthly invoice of taxes, which may be enacted and/or new in the future. Taxes are in addition to the charges paid for the Service and equipment. Tax rates may change from time to time, with or without notice to Subscriber. 

NON-PAYMENT. In the event Subscriber has not provided payment to NGX Networks within 20 days from date of invoice, NGX Networks in its sole discretion has the right to disconnect Subscriber for non-payment. Prior to disconnection of Subscriber account, NGX Networks will attempt to collect the balance due and owed by Subscriber by sending no less than one email to Subscriber email address on file and placing one phone call to Subscriber at the then current Subscriber phone number on file. NGX Networks reserves the right to charge a $25.00 reconnect fee plus applicable late fees for reinstatement of suspended services due to unpaid invoices. 

RETURNED CHECKS: A returned check will be considered non-payment of the account. A $35.00 processing fee will be charged on all returned checks. 

CHANGES TO SERVICE. A move of service will be considered as a “disconnect” and a new installation. Charges for new service installation will apply. 

RIGHT TO MODIFY. NGX Networks reserves the right to increase the monthly charge to Subscriber services. Subscriber may choose not to pay such increase in monthly charges and have services terminated at that time. These Terms of Service supersedes any or all previous agreements or terms of service either verbal or written. Periodic amendments to this agreement may be allowed and will be publish on the following webpage: https://www.intelyx.us/msa/?lang=en 

SERVICE CANCELLATION. Subscriber may terminate the Service at any time upon notice to NGX Networks. Termination is effective on the date you contact NGX Networks to cancel the Service or as of a future date designated by Subscriber, provided NGX Networks can support such future date. However, paid charges are not subject to refund so if user cancels service before the end of a billing cycle, there will be no pro-rated refunds or credits for any partial-month periods remaining after the termination date. If the Subscriber has unpaid bills those must be paid in full before NGX Networks can process the cancellation. Additionally, if user agreed to a service plan that requires a minimum term commitment (“service term”), and service is terminated prior to the end of the service term, user will be subject to an early termination fee of $300.00 dollars. 

SERVICE TERMINATION. Inappropriate use or abuse of the Services by Subscriber, as determined in the sole discretion of NGX Networks, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of NGX Networks Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law. NGX Networks may terminate your account immediately if it determines, in its sole discretion, that Subscriber has violated any of the provisions of the Terms and Conditions, including but not limited to the Broadband Internet Acceptable Use Policy. NGX Networks reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason. Further, NGX Networks may terminate Subscriber’s Service for any reason by providing written notice to Subscriber at least thirty (30) days prior to the termination date. If Subscriber’s Service is terminated for any reason, Subscriber will remain fully liable and responsible to pay any fees that are still owed to NGX Networks pursuant to this Agreement and for all costs NGX Networks incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees. 

TECHNICAL SUPPORT FEES. Service calls shall be invoiced and are payable upon receipt of invoice. Service calls are assessed at $100.00 per hour and commence from the time phone support is engaged until the time the issue has been resolved. If the issue related to the service call is the fault of NGX Networks, Customer will not be charged. If the issue related to the service call is the fault of Subscriber, Subscriber will be charged. In the case the issue which caused the service call is not determined as to which party caused the event, until the issue has been identified and remedied the party once identified will be the responsible party to incur the cost of the service call. 

EQUIPMENT. The parties agree that any and all equipment deployed to Subscriber’s service locations will remain the property of NGX Networks. Subscriber shall not permit others to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any equipment without the prior written consent of NGX Networks. The equipment shall not be used for any purpose other than that for which NGX Networks provides it for. 

DISCLAIMER OF WARRANTIES. No warranty is made by NGX Networks regarding information, service or product provided through, in connection with, the services and all services are provided “as is” and “as available”. Subscriber and any Subscriber users use of the equipment and the service is at Subscriber’s own risk. Without limiting the foregoing, NGX Networks hereby expressly disclaims any and all warranties other than those specifically set forth above, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services; (ii) any warranty of merchantability and use; and (iii) any warranty of fitness for a particular purpose (iv) or function and non-infringement, whether express or implied. NGX Networks makes no warranty that the service or equipment will operate uninterrupted or error free. NGX Networks does not warrant that any service will be available on a specified date or time or that the network will have the capacity to meet the demand of customer or any users during specific hours. Internet speeds provided by NGX Networks are based on Best Effort basis, that means that the speeds are not guaranteed speeds and can have degradation when the network is congested or during network peak times.  

LIMITATION OF LIABILITY. NGX Networks, its employees, authorized agents, approved affiliates, content providers, and their respective shareholders shall not be liable for any damages or action arising out of any mistake, interruption, omission, delay, error, or defect which occurs in the course of installing, providing, maintaining, or modifying the service and or equipment used to provide the services. 
 

FORCE MAJEURE. NGX Networks will not be liable for any failure or delay in performance of its obligations under this Agreement to the extent the failure or delay is caused, without fault of NGX Networks, by fire, flood, earthquake, elements of nature or acts of God, acts of war, riots, civil disorders, rebellions or revolutions, quarantines, embargoes and other similar governmental action, or any other similar cause beyond the reasonable control of NGX Networks. 

NO WAIVER. A waiver of any term or condition of this Agreement by NGX Networks must be in writing and signed by an officer of NGX Networks. No single waiver of a term or condition shall be deemed a continuing waiver of the term or condition. Any failure to insist upon strict compliance with any of the terms or conditions shall not be deemed a waiver of any other term or condition. 

RELEASE. Customer agrees to release, discharge, and hold harmless NGX Networks from and against any and all liability relating to or arising from their acts or omissions related to any Account Ownership Dispute or in seeking to comply with any Law or any Legal Process. 

VENUE. In the event of legal action arising out of or related to these Terms of Service, including claims for non-payment of amounts owed hereunder Nogales, Arizona, shall be the exclusive jurisdiction and legal venue for said action. These Terms of Service shall be construed according to the laws of the State of Arizona, without giving effect to choice of law principles.