Basic Explanation of TOS as it relates to Final Bills

Basic Explanation of TOS as it relates to Final Bills

Basic Explanation of TOS as it relates to Final Bills




To: flashbyte < support@flashbyte.us>

Often the closing statements can generate questions so we have attempted to combine some of the more common requests for clarification into this message.  If after considering the following terms that cover your account your final statement still does not make sense please feel free to inquire for clarification.

The current terms of service is always available at: http://www.flashbyte.us/tos/tos.pdf

Important sections to clarify final bills:


3. Billing and Payment.
1. Service Billing. Service(s) Billing is invoiced monthly in advance and will commence when any portion of the service is delivered to Customer and is operational (IP Packets can be passed, calls can be connected, emails can be received, or websites can be updated, etc.). Billing is by month for a calendar month, or any part of a month at beginning and end of service. Customer will properly pay in advance an entire month’s service fees regardless of when service actually begins during the first month. The service start date may be adjusted if the situation requires an adjustment based on the date service becomes active. Activation of a portion of a package including “add-on” or “free” services constitutes activation of service regardless of the completion date of delivery of the rest of the services included in a package. Service Billing is due and payable by credit card, check or money order at the time the Service order is placed.


There is no proration of monthly service charges.  If your billing period (including the 30 day notice period for termination) extends into a month the entire month is owed.

6. Term and Termination. These terms are effective on the date Customer’ s completed SO is accepted by FlashByte through the initiation of Service, and thereafter for the term indicated on the SO. For purposes only of determining any refund due after cancellation by customer, these terms are effective upon customer's paying for service. Acceptance of the SO is subject to approval by FlashByte management and availability of FlashByte facilities, including connectivity and building and/or roof access at Customer’s location(s). At the end of the initial term, the SO shall automatically renew for successive terms as initially contracted in the SO until terminated, except that annual discounts given a Customer are automatically terminated and Customer shall be automatically converted to monthly billing if the annual renewal amount is not paid by 15 days after end of the prior year. Either party may terminate the SO and Customer’s use of Service by providing the other party with at least thirty (30) days written notice prior to the automatic renewal date. FlashByte may also immediately with appropriate notice in the circumstances restrict, suspend or terminate the SO or Customer’s use of the Service at any time for Customer’s violation of these Terms. All customerinitiated termination notices must be sent in writing to FLASHBYTE DIGITAL, LLC, a California Limited Liability Company, ATTN: Billing, at the address, which may change from time to time, on page 1 of the Service Order. If Customer terminates service prior to the end of the initial term, or if FlashByte terminates service for a violation of this agreement at any time, Customer will be responsible for early termination fees equal to the fees for the balance of the initial term plus one month.


If a cancellation order from the customer results in an annual contract being converted to monthly, once the conversion is done there is an additional month charged to the account as per this section of the TOS.


10. Service Level Agreement. FlashByte will use a “best effort” approach to provide Service and avoid downtime. FlashByte’s Services do not have specific performance guarantees and no refunds or credits will be given for outages unless separate specifically stated Service Level Agreements are made for payment of extra fees. For all accounts not specifically provided with a separate SLA there is no guarantee of service level. All services are provided on a best effort basis. Lack of availability or customer use of any particular portion of the services provided will not release customer from the obligation to make payments and honor all agreements regarding the account, regardless of whether or not Customer notified or attempted to notify FlashByte of the circumstances.

There are no reductions in fees owed for outages or substandard performance of any portion of the provided services.  Customers are sometimes given convenience credits, but the only way to stop being responsible for the billing of the service is to follow termination according to the TOS and return the equipment.


14. EQUIPMENT:
a. FlashByte Service Equipment/Property. Any FlashByte provided equipment, software, installation devices, materials, and cabling placed upon Customer’ s premises for Service shall remain the sole property of FlashByte whether or not labeled as such. This includes all Flashbyte equipment of whatever nature, and specifically includes but is not limited to equipment for receiving, relaying, providing backup and redundancy in obtaining, receiving or relaying, and obtaining original signals. Customer agrees to return all such FlashByte property undamaged, to the Flashbyte address given at the end of this Agreement or any new FlashByte address as Customer shall be notified, or to allow FlashByte to make other reasonable arrangements for provision of primary delivery, backup, or redundancy service to other customers from such equipment, at FlashByte's option, within 48 hours of notice termination of service for whatever reason. Customer shall be responsible for a regular installation fee for FlashByte removal of Equipment. Customer may not copy software or any portion thereof.


Depending on the situation your final statement may have a fee of up to $99 for removal of the equipment if we sent a contractor to obtain the return of our equipment.  We do occasionally adjust the cost of this based on the situation, but the standard fee for equipment removal is $99.


Thanks,
FLASHBYTE DIGITAL, LLC, a California Limited Liability Company
406 Broadway, #332F, Santa Monica, CA 90401
(760) 821-3404; (866) 257-5608;

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