1.) Term of Agreement
This Agreement shall remain in effect as long as your account remains open, valid or undeleted by LITTLE MIAMI GIG. The Agreement commences upon the earlier of: (1) provision of your signature, (2) activation of Service; or (3) use of the Service. Note, certain provisions in this Agreement may continue after termination.
2.) Entire Agreement
This Agreement along with its applicable addendum and the LITTLE MIAMI GIG Policies and Practices that apply to your Services together constitute the entire agreement between you and LITTLE MIAMI GIG and supersede any prior agreement, discussions, proposals, or written or oral statements.
3.) Changes to the Services or Agreement
Subject to applicable law, LITTLE MIAMI GIG reserves the right, at any time, in LITTLE MIAMI GIG’s sole discretion, to:
- Increase, add or otherwise modify fees and charges associated with the Service.
- Add to, modify or delete any provision of this Agreement or any of the LITTLE MIAMI GIG Policies and Practices, any price list(s) and/or any applicable tariffs filed by LITTLE MIAMI GIG.
- Add to, modify, or delete any aspect, feature, or requirement of the Service.
An online version of this Agreement and the LITTLE MIAMI GIG Policies and Practices, as may be changed from time to time, will be accessible at www.littlemiamigig.com/legal-notices or another online location as designated by LITTLE MIAMI GIG. In accordance with any applicable law, LITTLE MIAMI GIG will notify you of any material change to your Services or this Agreement. Any changes will become effective upon the specified date in the notice. Your continued use of the Service following the effectiveness of any change will constitute your consent to such change. If you do not agree to any such change, you should immediately stop using the Service and notify LITTLE MIAMI GIG that you are terminating your subscription to the Service. Additions, modifications, or deletions shall be enforceable only on a prospective basis and not retroactively.
4.) Your Subscriber Account
You represent to LITTLE MIAMI GIG that you are at least 18 years of age. You are responsible in all respects (including payment obligations) for all uses of your account and all use by others of your account is subject to the terms hereof and any applicable tariff(s) filed by LITTLE MIAMI GIG at the applicable state utility commission. For purposes of this Agreement, all use of your account, whether or not authorized by you, shall be deemed your use. You shall be responsible for ensuring that all use of your account and any usage of the Service comply fully with the provisions of this Agreement and the LITTLE MIAMI GIG Policies and Practices.
Transfer of all or a portion of the account, the Service or LITTLE MIAMI GIG’s equipment by you to any other person or entity, or to a new location, is prohibited.
5.) Charges, Credit and Deposits
You agree to pay LITTLE MIAMI GIG for your Service and for all use of your account, including applicable charges for installation, if any, and all local, state and federal fees, taxes, surcharges, and/or assessments imposed on the Service, equipment fees, charges for pay-per-use services, charges for premium channels and tiers, data usage, phone features or phone usage charges. Both the amounts and the types of charges for the Service are subject to change. Please contact your LITTLE MIAMI GIG Business representative for information regarding rates. Recurring monthly charges will be billed monthly in advance. All charges are payable on the due date specified on the bill.
If you choose to pay by credit or debit card, you authorize LITTLE MIAMI GIG to charge your credit or debit card on file for all amounts currently owed. You agree to let LITTLE MIAMI GIG know promptly of any change to your credit or debit card information including cancellation of any card or a lack of funds in your account for payment.
- LITTLE MIAMI GIG may verify your or your business’s credit standing with credit reporting agencies in accordance with applicable laws and require a deposit based on your credit standing. You expressly authorize LITTLE MIAMI GIG to inquire and receive information regarding your credit, to maintain this information in our files, and to disclose this information to relevant third parties for LITTLE MIAMI GIG’s reasonable business purposes.
- As permitted by applicable law, based on the information we receive from credit reporting agencies regarding you or your business’s credit standing, LITTLE MIAMI GIG may require you to pay a deposit as a condition of the provision of Service or LITTLE MIAMI GIG Equipment. The existence of a deposit does not exempt you from the requirement to timely pay for Services when due. You authorize LITTLE MIAMI GIG to use the deposit as payment toward any amount owed to LITTLE MIAMI GIG.
- An administrative late charge may be charged to you in the event that you fail to deliver payment for Service provided by LITTLE MIAMI GIG by the due date.
- The availability of the Service is dependent upon your maintaining current accounts with LITTLE MIAMI GIG for your Services.
- If your account is past due and LITTLE MIAMI GIG sends a collector to your premises, a field collection fee may be charged. The current field collection fee is listed in the list of charges on the price list and/or any applicable tariffs or can be provided on request.
- If you discontinue your Service, or if any Service is discontinued for any reason including non-payment, you may be required, in addition to payment of all outstanding balances on all accounts with LITTLE MIAMI GIG, to pay a reconnect charge or trip charge (where applicable) before reconnection.
- LITTLE MIAMI GIG may charge a service fee for all returned checks and account debit, bank card or charge card chargebacks. The current service fee is listed in the list of charges on the price list or can be provided on request.
- If you wish to dispute a bill, you must notify LITTLE MIAMI GIG within 30 days of the disputed bill. If you fail to notify LITTLE MIAMI GIG by this date, you may waive your right to a refund or credit. If LITTLE MIAMI GIG, in its sole discretion, determines that a credit is due, the credit will appear on your next monthly bill.
6.) Right to Access Premises
You authorize LITTLE MIAMI GIG to access the property at which the Service(s) and/or LITTLE MIAMI GIG equipment will be provided to you (the “Premises”) to install, configure, maintain, upgrade, inspect, repair, change, remove or replace the Service, wiring and/or equipment to ensure proper operation and delivery of our Service. You represent and warrant that you are either the owner of the Premises or, that you are authorized by the owner of the Premises to permit LITTLE MIAMI GIG to access the Premises for these purposes. You grant LITTLE MIAMI GIG any and all required easements to provide the Services to you and others within the same cable system. LITTLE MIAMI GIG is only obligated to make repairs to your Premises if we cause damage due to negligence on our part.
7.) Installation, Equipment and Cabling
LITTLE MIAMI GIG may provide or lease to you equipment, including associated accessories or software, (“LITTLE MIAMI GIG Equipment”) for use with the Service. The LITTLE MIAMI GIG Equipment may be provided for a fee or at no cost to you.
- The LITTLE MIAMI GIG Equipment is and at all times shall remain the sole and exclusive personal property of LITTLE MIAMI GIG, and you shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to your business or otherwise.
- You will not open, alter, misuse, tamper with or remove the LITTLE MIAMI GIG Equipment as and where installed by LITTLE MIAMI GIG, and will not remove any markings or labels from the LITTLE MIAMI GIG Equipment indicating LITTLE MIAMI GIG ownership or serial or identity numbers. You will safeguard the LITTLE MIAMI GIG Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by LITTLE MIAMI GIG) will not permit anyone other than an authorized representative of LITTLE MIAMI GIG to perform any work on the LITTLE MIAMI GIG Equipment.
- Upon termination of Service, for whatever reason, you acknowledge that your right to possess and use the LITTLE MIAMI GIG Equipment shall likewise terminate. In such an event, the LITTLE MIAMI GIG Equipment shall be returned to LITTLE MIAMI GIG in the same condition as when received, ordinary wear and tear excepted. You will promptly return the LITTLE MIAMI GIG Equipment or notify LITTLE MIAMI GIG to schedule retrieval by LITTLE MIAMI GIG. If you do not promptly return the LITTLE MIAMI GIG Equipment or schedule retrieval, LITTLE MIAMI GIG may enter any premises where the LITTLE MIAMI GIG Equipment may be located for the purpose of disconnecting and retrieving the LITTLE MIAMI GIG Equipment. Failure of LITTLE MIAMI GIG to remove its LITTLE MIAMI GIG Equipment shall not be deemed abandonment. You will pay the expense incurred by LITTLE MIAMI GIG in any retrieval of the unreturned LITTLE MIAMI GIG Equipment. LITTLE MIAMI GIG may charge you a continuing monthly fee until any remaining LITTLE MIAMI GIG Equipment is returned, collected by LITTLE MIAMI GIG or fully paid for by you in accordance with the below. The current fee can be provided on request.
- If the LITTLE MIAMI GIG Equipment is damaged, destroyed, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the LITTLE MIAMI GIG Equipment. If the LITTLE MIAMI GIG Equipment is not returned to or retrieved by LITTLE MIAMI GIG upon termination of Service, you will pay LITTLE MIAMI GIG, on demand, the replacement cost of the LITTLE MIAMI GIG Equipment without any deduction for depreciation, wear and tear or the physical condition of such LITTLE MIAMI GIG Equipment. You agree that if you fail to return the LITTLE MIAMI GIG Equipment, LITTLE MIAMI GIG can charge your bank or credit card or account (if debit authorization has been obtained from you) the amounts described herein, in addition to any other remedies or collection efforts.
- Upon termination of Service, subject to applicable law and regulation, LITTLE MIAMI GIG may, but shall not be obligated to, remove any cabling installed by LITTLE MIAMI GIG on your premises.
- LITTLE MIAMI GIG may change or upgrade your equipment to ensure optimal functionality with or without notice to you and you agree that such changes may be performed by LITTLE MIAMI GIG at any time and in any manner.
LITTLE MIAMI GIG grants you a limited, non-exclusive, nontransferable and non-assignable license to use LITTLE MIAMI GIG’s software, including software from third party licensors, (together, the “Licensed Software”) solely in connection with the Service. You agree not to engage in, or permit, any copying, translation, alteration, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Your right to use the Licensed Software terminates promptly upon termination of this Agreement or applicable Service. LITTLE MIAMI GIG retains all right, title and interest in the Licensed Software and other intellectual property rights in the software.
9.) Subscriber Conduct
The Service is offered and provided under this Agreement as a commercial service for reasonable commercial use only.
- You may not receive, use or assist others in receiving or using the Service in an unauthorized manner.
- You will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion of the Service, or otherwise charge others to use the Service, or any portion of the Service.
- The Service shall not be used in any way that may violate the law, your Agreement, third party property rights or other rights in the LITTLE MIAMI GIG Policies and Practices.
LITTLE MIAMI GIG may suspend your account, or cancel your account with notice as required by applicable law if LITTLE MIAMI GIG determines in its discretion that you have violated this Agreement or any of the LITTLE MIAMI GIG Policies and Practices. If your account is suspended, you will not be charged for that period of time during which you do not receive the Service. If your account is cancelled, you will be refunded any pre-paid fees minus any amounts due to LITTLE MIAMI GIG. You agree that LITTLE MIAMI GIG shall have the right to take any action that LITTLE MIAMI GIG deems appropriate to protect the Service or LITTLE MIAMI GIG’s facilities and Equipment, including reporting incidents to law enforcement and pursuing any other available remedy or right. Although LITTLE MIAMI GIG has no legal obligation to do so, LITTLE MIAMI GIG retains the right to monitor the Services to ensure compliance with this Agreement.
10.) Service Interruptions; Force Majeure
Service interruptions may occur for maintenance, testing or other system interactions from time to time, with or without notice. Power outages may also interrupt availability of the services and may result in disruption of access to 911 service. Unless otherwise specified, you will not be entitled to a refund, credit or other compensation for such loss of service or unavailability. Should LITTLE MIAMI GIG choose to issue a credit, it will be provided on the next practicable bill for the Service issued by LITTLE MIAMI GIG to you. LITTLE MIAMI GIG shall have no liability for interruption of the Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
11.) Disclaimer of Warranties
THE SERVICES, LITTLE MIAMI GIG EQUIPMENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLED BY, AND INCAPABLE OR EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. LITTLE MIAMI GIG MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, COMPLETE, VIRUS OR MALWARE FREE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING: LITTLE MIAMI GIG DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA LITTLE MIAMI GIG’S FACILITIES OR THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT LITTLE MIAMI GIG WILL NOT BE LIABLE FOR ANY SUCH AUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.
You understand that the installation, use, inspection, maintenance, repair, replacement or removal of the Services, LITTLE MIAMI GIG Equipment or Software may result in damage to your computer(s) or other hardware, including software and data files stored thereon. You shall be solely responsible for backing up all existing computer files prior to the performance of any of the foregoing activities. LITTLE MIAMI GIG shall not have any liability, and expressly disclaims any responsibility whatsoever, for any damage to or loss or destruction of any software, hardware, data or files.
In no event (including negligence) will LITTLE MIAMI GIG or any person or entity involved in providing the Services or LITTLE MIAMI GIG Equipment be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Services, including the use or inability to access emergency 911/E911 services and alarm monitoring services, any action taken to protect the Services, or the breach of any warranty.