NexGen Residential Terms of Service
Thanks for using NexGen’s products, equipment, and services (“Services”). The Services are provided by NexGen Connected Communities LLC, NexGen Communications LLC, and NexGen Integrated Communications LLC or one of their subsidiaries (NexGen Connected Communities LLC, NexGen Communications LLC, NexGen Integrated Communications LLC, and its subsidiaries are referred to below as “NexGen”).
NexGen Residential Terms of Service (“Terms”) means the terms specified below which incorporate and include the NexGen Residential Acceptable Use Policy and the NexGen Privacy Policy.
By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services.
By signing up for or using the Services, you agree to these Terms. By signing up for or using NexGen’s phone products and services (“Phone Services”), you also agree to the Additional Terms for NexGen Phone Subscribers.
Communicating Electronically with NexGen
We may be required to provide certain disclosures, notices, and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your NexGen account and your use of the Services.
Installation
You agree to provide NexGen with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured.
Depending on your service address, NexGen may allow you to self-install Internet services. Depending on your service address, there may only be one active Internet jack in your residence. Additional fees may apply if you wish to have NexGen move the active Internet jack to a different location within your residence.
Installation, Activation, and Service Fees
We may charge a fee in connection with the installation or activation of your service connection (“activation fee” or “installation fee”). If you are charged an installation fee or activation fee, you will need to pay the fee in full before services are installed or activated. Technicians are not responsible for installing equipment that is not NexGen equipment, for example, DVD Players and smart TVs. You may be charged when a technician needs to visit your residence for a service call (“service fee”). Installation fees, activation fees, and service fees are subject to change.
NexGen Equipment
NexGen may lease various pieces of equipment to you in connection with the Services. If you lose or damage this equipment after installation, NexGen may charge you a fee for replacement equipment. If you fail to return NexGen leased equipment back to NexGen, an additional fee may apply. Equipment fees are subject to change.
Unless explicitly stated otherwise on our website, NexGen owns all equipment provided by NexGen in connection with the Services.
By leasing equipment from NexGen you agree to only use equipment in a manner consistent with the NexGen Residential Acceptable Use Policy.
Using NexGen Services
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our NexGen Residential Acceptable Use Policy, which is incorporated into these Terms. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
Resale and Redistribution
Except with respect to certain television content authorized by NexGen to be viewed outside of your residence the Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.
Security
NexGen makes an effort to keep its network secure, but no network security is perfect. While NexGen may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. NexGen is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Privacy
NexGen takes your privacy seriously. You understand and agree that information provided to and collected by NexGen in connection with the Services is subject to the NexGen Privacy Policy.
Billing and Payment
You agree to pay any and all applicable fees associated with the Services.
NexGen will send all bills and other required notices electronically or by mail to the address associated with your account. We will set you up for electronic billing unless otherwise stated. You may be charged additional fees if you choose to have your bills mailed to you. You may also access this information through your online NexGen E-Care account. You agree to pay recurring monthly service fees a month in advance of the billing cycle in which you will receive the Services. Your first bill may include a prorated portion.
If you choose to set up automatic payments, you authorize NexGen to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Your monthly NexGen bills will be available to view in your NexGen E-Care account.
Bills are sent around the 15th of each month. All NexGen bills are due on the 1st of each month. For example, a bill received on July 15th is due on August 1st. If payment is not received for any reason within 10 days of the due date, a late fee may be assessed to your NexGen account. NexGen may, consistent with applicable laws, suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that NexGen reinstate any suspended or terminated Services, NexGen may charge you a reconnection fee. You agree that NexGen is not responsible for any third-party charges you may incur in connection with your NexGen E-Care account, credit card or other payment method. All billing and payment information subject to change.
Changing and Canceling Services; Termination
You may change or cancel the Services at any time. You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay additional fees.
When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes. If you downgrade your service package, you may be charged a downgrade fee. Changing your package during a promotional period may deem you ineligible to receive the promotion with the new package, for example, your 12-month promotion may not carry to a different package if you decide to upgrade or downgrade your package within that 12-month promotional period. If you transfer Services to a new address, you may be charged a transfer fee.
If you request cancelation of all your Services, your Services will be available until the cancelation date you select. You must cancel your NexGen Services prior to the start of the next billing cycle to avoid being charged for another full billing cycle. NexGen will not refund accounts canceled in the middle of a billing cycle. Your NexGen account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded by check to the address of your choice. Any outstanding balance on your NexGen account after you cancel services with us may be sent to collections.
NexGen reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY NEXGEN OR AN AGENT THEREOF, NEITHER NEXGEN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY NEXGEN, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEXGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, NEXGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, NEXGEN, AND NEXGEN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Businesses
If you wish to subscribe to any Services on behalf of a business, please visit NexGen Business Terms of Service for more information. Additional terms of service apply to use of the Services by a business.
Changes To These Terms
You can review the most current version of the Terms anytime on this page. NexGen reserves the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the Terms regularly. Your continued use of the Services will be deemed acknowledgement and acceptance of these Terms.
Additional Terms for NexGen Phone Subscribers
These additional terms for NexGen phone subscribers apply to your use of the Phone Services in addition to the NexGen Residential Terms of Service and the NexGen Privacy Policy (collectively, “Terms”). You must subscribe to NexGen Internet service to receive the Phone Services
If you sign up for or use the Phone Services, you agree to these Terms. You also agree that if you allow others to access or use the Phone Services, you will be responsible for all activity on the Phone Services, whether such activity is undertaken by you or someone else.
Voice over IP
NexGen Phone Services on your home phone operate on a Voice over IP (VoIP) protocol, which transmits and receives communications over the public Internet. That means that your Phone Services will not work on your home phone if you do not have a connection to the Internet. For example, if you are speaking on your home phone and reboot your Router, your phone call will be interrupted.
Important Information about 911 and Emergency Alerts
Calling 911. Calls to 911 over a broadband or data connection operate differently than traditional wireline calls to 911. Calls to 911 over broadband or data may not connect to the Public Safety Answering Point (PSAP) or may improperly ring to the administrative line of the PSAP, which may not be staffed after hours, or by trained 911 operators. If your call connects to a PSAP, your address and phone number may not be transmitted, and you may need to provide your location and other information to the PSAP. Calls to 911 may be limited or unavailable if you are experiencing a power outage or if you are otherwise unable to access the Internet.
Accessibility. If you are deaf, hard of hearing, or speech impaired and need to reach emergency services, you should call 911 directly using TTY or a telecommunications relay service. Where possible, do not rely on 711 in the event of an emergency.
Battery Backup Your Phone
Services require electricity to operate. If there is a power outage, you will not be able to make or receive calls, including 911 calls, unless you have battery backup power. You are solely responsible for obtaining battery backup capabilities, and we will not be liable for the failure of your service during a power outage, including failure due to the lack or nonperformance of battery backup power. We will not provide support for, or be responsible for, ongoing maintenance or management of any battery backup equipment you purchase.
International Calling
All calls between two different countries will be charged on a rate per minute basis. Calls will be rounded up to the nearest minute. The applicable rates vary per country and are subject to change at any time without notice.
By default, International dialing is blocked by NexGen. To have this service turned on, you will need to call NexGen and have a “Mandatory Account Access Code” placed on the line. This will require you to enter a PIN when dialing International. This assists in preventing Toll-Fraud.
Telephone Numbers
When you sign up for the Phone Services, we may assign you a phone number. We can change, reassign, or eliminate your phone number, but will give you notice if we do so.
You may port your phone number to another provider at any time while your NexGen phone account is still active. Please be aware that, once the phone number has been ported out, you will no longer be able to use the Phone Services. Consequently, we may treat any request to transfer a phone number to another provider as a request for account cancelation. We do not guarantee that any porting of numbers to or from us will be successful.
If you cancel your NexGen Phone service without porting your phone number to another provider, your phone number will remain associated with your NexGen account.
Privacy
We take your privacy seriously. You understand and agree that information provided to and collected by NexGen in connection with the Phone Services is subject to the NexGen Privacy Policy.
When you place calls using the Phone Services, your phone number may be displayed to the person you have called. If you do not wish to have your phone number displayed, you may choose to block the display of your phone number by dialing *67 prior to dialing the number of the person you wish to call. Blocking your phone number information in this manner does not prevent the display of your information when you dial certain business or emergency numbers, including toll-free numbers or 911.
