Terms and Conditions and Acceptable Use Policies

Our Service Guarantee: Once yearly, if you feel that we could ever have done a better job serving you (for any reason), simply let us know and we will apply a credit for one month of the affected service. We ask only that you tell us how we could have done a better job.

VTEL WIRELESS HIGH-SPEED INTERNET SERVICE (“Service”)

VTel Wireless offers tiered data plans which allow you to share a monthly allotment of wireless data usage among your connected internet-capable devices. If you do not use all of the monthly data allotment of the plan you select during a billing period, you forfeit that usage. If you use an Outdoor Antenna or Indoor router for internet service at your home, and you elect to use a third party Voice over IP phone service such as MagicJack or Vonage, please refer to their respective 911 access policies. If you use a smartphone on our network, you will only be able to access data from this device. VTel Wireless does not offer traditional mobile phone service, and instead offers data-only plans. When you sign up for a data-only VTel Wireless plan using an unlocked smartphone, you will not be connected to 911 in case of emergency. We plan to offer traditional voice service in 2016 using LTE technology.

At the time of order, a VTel representative will provide a recommendation for wireless equipment, based on your position in relation to the closest wireless site. VTel Wireless does not warrant or guarantee that Service will be available at your location, or that provisioning will occur according to a specified schedule, even if VTel Wireless has accepted your order. VTel Wireless does not guarantee network performance at your location. VTel Wireless will not be responsible for uninstalling your Service or any equipment once the Service has been activated for more than 30 days. VTel Wireless has no responsibility for the maintenance or repair of any equipment or software provided in connection with the Service, including the Broadband Antenna (if applicable) or Broadband Router, or any other equipment or services that you choose to use in connection with the Service, beyond a 1-year warranty as described below.

VTel Wireless requires all customers subscribing to VTel Wireless to maintain an active and valid automatic payment method, which may include any of the following methods: credit card, debit card, checking account. Failure to keep a valid automatic payment method on your VTel Wireless account during your subscription period will result in an action of a temporary service suspension. Should your account go into temporary suspension, due to a removal of an automatic payment method, you will be notified 24 hours before suspension. Additionally, if an automatic payment method has been removed by a customer and subsequently, the account goes into arrears, the customer will be responsible for a reconnection fee and the past due balance, in addition to adding an automatic payment method to their account before their VTel Wireless account is restored.

If you would like to move the Service to another address, you agree to notify VTel Wireless in writing via email at info@vtelwireless.com, update your online profile, or call us during business hours. If you move and fail to call us at (802) 885-4444, or fail to cancel your service, your Service will not be cancelled and your Service charges will continue to apply.

VTel Wireless provides free email accounts and data storage for all customers. IF YOU PERMANENTLY CANCEL YOUR SERVICE, IF YOUR ACCOUNT BALANCE IS OVERDUE FOR MORE THAN 90 DAYS, OR IF YOUR ACCOUNT IS NOT IN USE FOR MORE THAN 12 CONSECUTIVE MONTHS, VTEL HAS THE RIGHT TO TERMINATE YOUR EMAIL SERVICE AND DELETE ANY DATA STORAGE FILES, AND ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU, UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE WITH VTEL WIRELESS. In the event that a customer discontinues service, customers may continue to access email accounts and data storage files for a monthly fee.

VTel Wireless encourages you to use a surge protector. Electric surge protectors are available at Staples, Wal-Mart, and many hardware and drug stores. 1-year equipment warranties do not cover harmed equipment that is destroyed because you didn’t use a surge protector.

Additional Order, Return & Exchange Information

VTel Wireless Broadband Service for Indoor Routers or Mobile Data Devices: VTel Wireless offers a 1 year warranty on all equipment purchased from VTel Wireless directly, effective as of the date equipment is delivered to the your premises. Within 30 days of equipment being delivered to your mailing address, you may elect to return this equipment by mail to or in-person to VTel Wireless Returns, 354 River Street,Springfield, Vermont, 05156 for a full refund. VTel Wireless does not charge a restocking fee. Equipment must be in reasonable condition, in its original packaging, to be eligible for return. Once VTel Wireless receives the equipment, you will be re-funded the full amount paid to date within 7 days. After 30 days, the equipment becomes your personal property, and you will not be entitled to a refund of any kind, including for fees associated with equipment, activation or installation fees, or fees for additional services made at the time of installation. If you have elected the financing option, and 30 days have passed, you agree to pay the remaining installments on time and in full, independently of your Service. In the event that customer cancels within 30 days, customer will be billed for the full device cost until the device is returned. If you are moving to a new residence at which service is available and wish to continue using the Service, you must notify VTel Wireless in writing of the new mailing address.

VTel Wireless Broadband Service for Outdoor Antenna: VTel Wireless provides free installation for Outdoor Antennae. VTel Wireless will attempt to install your Service at the service address provided to VTel Wireless at time of sale. If you are not the homeowner, or if your use of such property is subject to a home owner association or other restrictions, you are responsible for obtaining all third party consents and by placing an order for service you confirm that you are authorized to permit installation of the system at such address. If 4G LTE coverage is not available at such address, or if we cannot perform installation for reasons within our control, all payments will be refunded to you. If VTel is not able to perform an installation because a customer misses a previously scheduled appointment, or because a customer does not have authorization to install equipment at a site, the customer will be charged $50. VTel Wireless offers a 1 year warranty on all equipment purchased from VTel Wireless directly, effective as of the date equipment is installed at the premises. Within 30 days of installation, you may cancel your service. However, if you cancel your service within 30 days, you agree to pay a one-time fee of $150, which is equal to half the cost of installing and then de-installing the Outdoor Antenna. In other words, VTel will split the total cost ($300) of installation and de-installation with the customer. You agree that you will not attempt to install, de-install, or modify the Broadband Antenna and associated equipment during this 30 day period. You will be refunded the full amount paid to date for the equipment, within 7 days of equipment de-installation performed by a VTel Wireless representative. Equipment must be in reasonable condition to be eligible for return. If you attempt to return your equipment after 30 days, and within your 1 year warranty, you agree to pay a penalty of $300 to cover the cost of installation and de-installation, in addition to a 10% restocking fee. If you attempt to modify your installation within the 1 year warranty period, your equipment warranty is void. After the one-year warranty is over, the equipment is fully owned by you, and is not eligible for return. If you are moving to a new residence where service is available and you wish to continue using the Service, you may request VTel Wireless to install the system at your new residence although a re-installation fee may be charged.

Additional Terms and Conditions and Acceptable Use Policy:

Governed by Laws of Vermont.

This Agreement will be construed in accordance with, and governed by, the laws of Vermont.

VTel Wireless not liable for consequential or other damage.

VTel Wireless shall not be liable, directly or indirectly, for any loss of revenue, production, use of facilities or profit, or for any other indirect, incidental or consequential damages, whether claimed in contract, equity, tort (negligence) or otherwise, arising or alleged to arise in any manner from performance or non-performance of this Agreement, or breach thereof, in any manner whatsoever, now or ever.

VTel Wireless’s rights to cancel:

VTel Wireless reserves the sole and unequivocal right to terminate our service to any customer, without prior notice, at our sole discretion. In the event we exercise this right, our liability will be limited to reimbursement of any monthly fees for services not yet used.

Internet Use Limitations.

(A) VTel Wireless users cannot re-sell VTel Wireless internet to 3rd parties, whether via WiFi, wireless, wire, or other means, without written consent from VTel Wireless. (B) No dwelling unit or business can knowingly share its VTel Wireless internet connection with other dwelling units or businesses without written consent from VTel. (C) VTel Wireless packages are for home use or small business use with ten (10) or fewer internet devices on an enterprise-wide basis. Larger users sign a master service agreement defining quality of service, costs, and mutual obligations.

Data Services Permitted Uses.

VTel Wireless provides wireless data services, including but not limited to features that may be used with data services and wireless content and applications (“Data Services”). Our Data Services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) intranet access; (d) uploading and downloading ordinary applications and content to and from the internet; and (e) using applications and content without excessively contributing to network congestion. You agree that VTel Wireless may engage in any reasonable network management practice and that you will use VTel Wireless’ Data Services only for these permitted activities. Data Services are subject to our Acceptable Use Policy.

Network and Service Protective Measures.

We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) interrupting, suspending, canceling or terminating your Wireless Services without advance notice.

Disputes Resolved by Arbitration:

Any claim or controversy in an amount exceeding $1,500 and arising out of this Agreement or the alleged breach thereof, shall be resolved by binding private arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. No action or claim may be brought by either party more than 1 year after any alleged breach, failure, or event in question.

Terms of Service:

This Agreement, combined with the Internet Terms of Service that may be updated from time to time, constitute the entire agreement of the parties. The Internet Terms of Service are available here. No oral or other modification to this contract is valid unless signed, dated, and notarized by a representative of VTel.

Assignment.

VTel may assign this Agreement, but you may not assign this Agreement without our prior written consent.

Accessing Your Account.

You authorize us to provide information about and to make changes to your account, including new or extended Service Commitments and the purchase of Products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. In addition, you may designate individuals who are authorized to make certain changes to your account (“Authorized Users”). You are responsible for all changes made by such Authorized Users, including new or extended Service Commitments and the purchase of Products or Services. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.

Authorization To Contact You.

You consent to allow VTel Wireless and anyone who collects on our behalf to contact you about your account status, including past due or current charges, using prerecorded calls, email and calls or messages delivered by an automatic telephone dialing system to any wireless phone number or email address you provide. VTel Wireless will treat any email address you provide as your private email that is not accessible by unauthorized third parties. Calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide.

Returned Check Policy

There is a $25.00 fee on all returned checks/electronic checks. In the event that a check/electronic check has been returned, the customer will be notified and informed that they have 10 days to make restitution, including any related past due balance(s) to prevent any further collection activity. VTel Wireless reserves the right to refuse check/electronic check payments from customers who have multiple returned checks.

Intellectual Property.

You must respect the intellectual property rights of VTel Wireless, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by VTel Wireless or accessed through the VTel Wireless websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.