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TERMS OF SERVICE

Promise To Pay 

Service will be provided by VARCOMM Broadband, Inc. (“VARCOMM”), and invoiced in advance on a monthly basis, on or about the first day of the month. . Payment is due by the 20th of the same month. Company reserves the right without further notice to suspend or terminate Customer’s account and service if Customer’s account is still unpaid seven (7) business days after the first calendar day of the following month. Such suspension or termination of service does not relieve Customer of the obligation to pay all of Customer’s account charges. An oral or written request from the Customer, given to Company, with 15-day notice is required to terminate service. In the event of account delinquency, Customer agrees to pay Company reasonable expenses and collection agency fees incurred in enforcing its rights under this Agreement

 

Changes in Terms  

VARCOMM may change the Terms of Service (including Rates) on not less than thirty (30) days written notice by email or by Unites States mail or by posting notifications on www.VARCOMM.net. Your use of VARCOMM’s broadband service after the effective date of any change in the Terms shall constitute your acceptance of and agreement to such changes

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Free Fiber Plan (Terra Bella Only)

Rates – In addition to the broadband services available in Terra Bella, found at www.varcomm.net or by calling 888-539-5234, VARCOMM also offers a Free Fiber Plan, which includes 2 gigabytes (“GB”) of data at no cost to the Customer. There are two speed options for the Free Fiber Plan. Once the Customer has used 2 GB on a Free Fiber Plan, the user will pay a fee per GB, depending on the option selected:

  • Fiber 100 (100/20 Mbps): After the Customer uses 2 GB of free internet, the Customer shall bear the cost of $0.23 per GB, not to exceed $69.00

  • Fiber Gig (1 GB/100 Mbps): After the Customer uses 2 GB of free internet, the Customer shall bear the cost of $0.33 per GB, not to exceed $99.00

​Billing – VARCOMM will bill you monthly. Because the total cost of the Free Fiber Plan is based on total usage during the billing cycle, these bills will be due on a monthly basis, no later than 10 business days after the service period has concluded. Your bill will clearly state the due date for payment. The cost per month may vary depending on your usage that month, but not to exceed the limits described above.

Eligibility – VARCOMM does not require credit checks to determine eligibility for its Free Fiber Plan (Terra Bella only). You acknowledge that in order to receive VARCOMM’s Free Fiber Plan, you must provide two cellular phone numbers and an email address. You agree to provide VARCOMM with additional information as may be required to confirm eligibility and you represent and warrant that all of such information is true and correct

Monitoring Data Usage – VARCOMM will measure and track the amount of data usage to determine the cost of service to be billed to the Customer, in the manner described above. VARCOMM will provide a customer portal that allows the Customer to monitor their data usage, and information on the portal is accurate as of 30 minutes prior to the time the data is accessed..

Notification of Data Usage – VARCOMM will provide notifications via text message (text message rates may apply) and/or email message. The Customer may opt out of text message notifications. VARCOMM will send notifications to the Customer when the Customer has used 50% of the free 2 GB of data, 80% of the free 2GB of data, and once the Customer has used all of their allotted free data for internet. After the Customer has exhausted the free 2 GB of data, VARCOMM will send weekly notifications for every Friday informing the weekly usage of data that the Customer consumes. These notifications will also inform the Customer of the total GBs used during the billing cycle, and the cost associated with that data usage

 

Charges, Billing, and Payment
Rates – Current rates for broadband service can be found at www.VARCOMM.net or by calling 888-539-5234.  

Billing – VARCOMM will bill you monthly. The fixed monthly rate is payable in advance, on or before the first day of VARCOMM monthly billing cycle. Usage charges, if any, are billed in arrears. VARCOMM will bill you, and you agree to pay in full each month: 1.) the monthly fee for broadband services you request; 2.) any charge(s) for modems or routers; 3.) activation fees, connection and/or installation charges, if any; 4.) late fees, service restoration fees, if any; 5.) Service charges and 6.) any applicable taxes, recovery fees, and surcharges that VARCOMM pays to municipalities and or other governmental agencies which may be passed on to you.

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Billing Disputes

Unless you notify VARCOMM of an error in VARCOMM’s billing within Sixty (60) days after it first appears on your account statement, the statement will be deemed accepted and waived by you for all purposes. You release VARCOMM from all liabilities and claims resulting from any billing error not reported to VARCOMM within sixty (60) days after the date of the statement on which it appears.

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Late Payment or Non-Payment 

If VARCOMM does not receive the full amount you owe for VARCOMM broadband service and related fees by the last business day of the month, you shall owe VARCOMM interest at the rate of 1.5% (or the highest amount allowed by law, whichever is less) per month on the outstanding balance until paid in full. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we

cannot know in advance: (a) whether you will pay for the broadband service on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. You shall also be liable for all costs of collecting any unpaid balance on your internet service account(s) with VARCOMM, including any collection agency’s fees.

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Suspension/Disconnect 

If any amount remains unpaid for more than seven (7) business days following first calendar day in the month after an invoice is issued to the Customer, VARCOMM shall have the right in its sole discretion in accordance with and subject to applicable law to terminate, suspend, or disconnect your VARCOMM broadband service. VARCOMM may charge you a service restoration fee to reconnect service upon suspension and or disconnection of broadband service.

 

Credit Check 

You authorize VARCOMM to do any credit verification VARCOMM deems necessary and such verification may be done at any time while you are receiving VARCOMM broadband service. Credit verification may include a review of credit reports received from any commercially available credit bureau. You agree to provide VARCOMM with such personal information as may be required by VARCOMM in order to determine your creditworthiness and you represent and warrant that all of such information is true and correct. You acknowledge that credit privileges, if granted, may be withdrawn at any time in VARCOMM’s sole discretion.

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Charges Not Included

You may incur charges while using the internet, for example, for using online information services and shopping online. You are solely responsible for paying those charges.

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Acceptable Use Policy 

VARCOMM’s Acceptable Use Policy can be found at: https://VARCOMM.net/terms-of-service

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Network Transparency

VARCOMM’s Network Transparency Policy can be found at: https://VARCOMM.net/terms-of-service

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Privacy Policy

VARCOMM’s Privacy Policy including use of CPNI can be found at: https://VARCOMM.net/terms-of-service

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Limitation of Liability

In no event shall VARCOMM be liable to or through Customer or anyone else for (i) any direct, indirect, special, incidental, exemplary, and /or extraordinary or consequential damages of any nature whatsoever even if Company has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in service, or faulty or misdirected transmission) suffered for any reason by Customer or anyone with respect to Customer’s account; (ii) any damages, loss, or liability suffered by Customer or anyone as a result of any failure to live up to any of Customer’s obligations under this Agreement or applicable law or regulation, or with respect to the Customer’s account; (iii) any claim, action, or proceeding against the Customer or anyone by any third-party for damages, loss or liability, any or all of which is based upon, arises out of, or is derived from or otherwise related to the use and/or access which is the subject of this Agreement. Customer’s right to use Company’s services and systems is provided “as is” and “when available” and without warranty of any kind or nature, warranties the merchantability and of fitness for a particular purpose. This limitation of warranties was a material factor in the establishment of the fees charged for Company’s services and system and shall survive the expiration or termination of this Agreement. Customer acknowledges that Company’s services and systems and the Internet in general is at Customer’s sole risk and no representation or warranty has been made that Company’s services and systems will be uninterrupted or error free. VARCOMM’s maximum liability to Customer or anyone using Customer’s account for any and all damage, loss or liability of any kind including without limitation Company’s negligence, shall be limited to the amount paid by the Customer to the Company for Internet monthly charges during the two-month period preceding the claim.

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Indemnity

Customer agrees to indemnify, defend, through attorneys reasonably acceptable to the Company and hold Company, it agents and employees harmless from and against any claim damages, loss, proceeding, liability, judgement, settlement, costs or expense (including reasonable attorney’s fees, fines, and penalties) of every kind and character suffered by Company, its agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Customer under this Agreement. This indemnification obligation shall survive the expiration of termination of this Agreement.

 

Termination

Company, without prejudice to any of its other rights or remedies, may immediately and without further notice, terminate or suspend Customer’s account and service and this Agreement and may delete all data, files, or other information stored with the Company, if, with respect to Customer’s account, Company’s policies and the terms and conditions of service are not satisfied, including, but not limited to account delinquency or abuse or unlawful use of the service. Company may charge an early termination fee, equaling $125.00, for accounts that are active for less than 6 months,. Company may terminate this Agreement without cause, upon 30 days written notice to Customer. Customer may terminate service by contacting a VARCOMM representative at 888-539-5234 or notifying VARCOMM at: P.O. Box 700, Ducor, CA. 93218. Upon termination of service, Customer will return all equipment in good working condition. Customer is responsible for the full cost of replacement for equipment not returned in good working condition

 

Modems and Routers

VARCOMM will provide and install a modem and lease the Customer router to connect to the VARCOMM network. Monthly rates for leased modems or routers can be found at www.VARCOMM.net. It is not the policy of VARCOMM to allow third party modem or routers. VARCOMM does not support third party modems or routers, and it is Customers’ reasonability for ensuring their equipment does not interfere or harm VARCOMM’s network. More information on Network Transparency can be found at www.VARCOMM.net. VARCOMM cannot guarantee the interoperability of third-party modems or routers with VARCOMM’s network and will not provide any free support for subscriber’s installation or connection of third-party modems or routers to VARCOMM’s network

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Inside Wire Maintenance Program 

Please Read the Terms & Conditions Carefully.

As a VARCOMM Broadband, Inc customer, you are responsible for maintaining that part of your communication line(s) between the demarcation point or protector, which is usually a gray box attached to the outside of your home or business, up to and including your communication devices. To help you maintain the inside wiring and phone jacks in this part of your line, VARCOMM offers you optional Maintenance Service Plans subject to the following terms:

VARCOMM must have reasonable access to your premises to diagnose and repair problems. VARCOMM will try to schedule a mutually convenient appointment but will be excused from performance if reasonable access is not provided. You may be responsible for a Service Call charge if a technician must return to your premises due to denied access

VARCOMM will repair telephone and internet service problems which are in the wiring and jacks located inside your home or business. If the problem is in the wiring between the demarcation point or protector on through the jacks, VARCOMM will repair or replace the wire and/or modular jack. If the problem is caused by defective or faulty equipment, VARCOMM will let you know the source of the problem. VARCOMM does not repair defective phone cords, phones, or equipment unless it is being leased from VARCOMM. VARCOMM Maintenance Program does not cover buried, underground or aerial wiring connecting out-buildings such as garages and home extensions on the same extension.

You agree to pay a monthly charge for VARCOMM Maintenance Program. If you have more than one access line at your location, you must subscribe to VARCOMM Maintenance Program for each line. If VARCOMM Maintenance Program is subscribed for after initial install of VARCOMM services, VARCOMM Maintenance Program is effective 30-days after date of order. There is no added charge to repair problems in the wiring, jacks and outlets inside your home. VARCOMM Maintenance Program Maintenance Plans are provided on a month-to-month basis. The rate and other terms or conditions may be changed by VARCOMM at any time. If the rate, terms or conditions are changed and you do not wish to continue as a subscriber to a VARCOMM Maintenance Program Maintenance Plan, you may cancel at any time by giving VARCOMM verbal or written notice to the other.

VARCOMM Maintenance Program Maintenance Plans do not cover (1) problems caused by willful damage to the facilities used in the transmission of telecommunications services or inside wiring, jacks and outlets; (2) inside wiring that is not working or disconnected at the time VARCOMM Maintenance Program coverage is initiated; (3) the activation and re-activation of jacks or outlets, relocation of jacks or outlets, replacement or installation of new inside wire, jacks or outlets; (4) Drilling or cutting into walls in order to facilitate any repair; (5) damage caused by fire or Acts of God; (6) lines with a telephone key system such as a PBX or other non-basic telephone system; (7) inside wire, jacks or outlets that do not meet industry standard for telecommunications; (8) any repair or replacement that would endanger the safety of an VARCOMM technician; and (9) inside wiring not related to services provided by VARCOMM.

What is covered

  • Repair of inside telephone wiring and jacks for customary voice transmissions where there is NO service due to wear and tear or accidental damage caused through normal use (replacement is at the discretion of VARCOMM)

  • Telephone wiring and jacks must be active under the subscriber’s name at the time Inside Wire Maintenance plan was purchased.

  • A diagnostic service, identifying the source of a problem to the client’s terminal equipment (phone, fax, modem, cordless phones etc)

  • Customers without a self test jack-ended demarcation device will have a self test jack installed, and be covered for the cost of the diagnostic service and repair of jacks and inside wire due to accidental damage

What is Not Covered

  • Quality of Local Line reception not covered – i.e. static, humming, echo, etc; there must be “NO Service” (no dial tone)

  • Wiring between buildings and non-telephone wiring (e.g. electrical, cable TV, alarm system, audio, intercom, etc.)

  • Repair of inside wire or jacks that do not meet industry standards for telecommunication

  • Pre-existing malfunctions known to the customer

  • Repair of inside telephone wire and jacks due to intentional damage, vandalism or any natural disaster, including fire, flood, lightning strikes, typhoons or other Acts of God.

  • New installations, rearrangements or reconfigurations of inside telephone wiring and jacks

  • Excessive repair requests, as may be reasonably determined by VARCOMM

  • Repair or replacement of inside telephone wire and jacks due to errors on data transmission (Service applies to voice grade telephone service only).

  • Where existing service subscribers request coverage under the Plan, the Plan will not become effective until 30 days after the date the Plan is ordered. This Plan is provided on a month-to-month basis and can be cancelled by either party giving oral or written notice to the other.

 

General

These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Customer represents and warrants that Customer is over 18 years of age, that Customer has read this Agreement and Customer accepts and agrees to the terms and conditions of service as set forth above.

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