Terms of Service

AGREEMENT TERMS

TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES.

Customer (Applicant) agrees to be bound by service terms and conditions of PEMISCOT DUNKLIN ELECTRIC COOPERATIVE, Inc. and/or its subsidiary, PD FIBER, LLC. as listed at https://docs.pdfiber.com/tos.

PAYMENT TERMS.

Customer agrees to pay for all services provided by the service provider including but not limited to charges for installation, Equipment, Services, and all applicable local, state or federal fees, taxes and surcharges. The monthly billing for service begins once the service has been installed and connected to the applicant’s device(s).

TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE.

The Service shall only be provided to you at the address where the installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without PD FIBER prior written approval.

ACCESS ON PREMISES.

By entering into this agreement, you hereby grant to PD FIBER an easement on and through your property to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for internal, or commercial purposes. Furthermore, as the owner of the premises at which the Services are provided, you will grant PD FIBER a perpetual easement, without charge, on and through your premises for the aforementioned purposes. You also hereby grant to PD FIBER full right of ingress and egress to, from and over the property in question for doing anything necessary or useful for the enjoyment of the easement hereby granted. If you are not the owner of the premises, you warrant that you have authority to grant such an easement to PD FIBER or that you have obtained the consent from the owner of the premises for us to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for the aforementioned purposes.

CUSTOMER WARRANTIES.

You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize PD FIBER to enter upon the premises for the purposes set forth in this Agreement, including but not limited to: (a) placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property, and if necessary, to install an above ground pedestal on the premises; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting Service.

WARRANTY DISCLAIMER; LIMITATION ON DAMAGES.

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

CUSTOMER INDEMNIFICATION.

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PD FIBER AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGEMENTS AND CAUSES OF ACTION ARISING OUR OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPY-RIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATURSOR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.

SERVICE INTERUPTIONS.

We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. We assume no liability for any substitution, discontinuation or modification of any programming. We will restore service within seventy-two (72) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.

POWER REQUIREMENTS.

The applicant understands that the fiber optic service requires electricity at the applicant’s service location and if an electrical service outage occurs that the fiber optic service, which could include telephone service, will not function during the outage period. By signing this application for broadband services, including but not limited to high speed data, video or phone (individually and collectively “Services”) delivered by Pemiscot Dunklin Electric Cooperative, Inc. and its subsidiary (“PD FIBER, LLC.”), I acknowledge that I am at least 18 years of age and legally authorized to agree to the following terms and conditions of service. I understand a suitable deposit may be required for service and/or equipment. I authorize any person, consumer reporting agency or credit reporting agency to compile and furnish PD FIBER any information it has on me or the entity on whose behalf I am making this application. I certify that I am either the property owner or have permission from the property owner to have services installed.