Law, Regulation, Tariffs. Lumos is subject to state and federal laws and regulations, including tariffs. To the extent that such laws, regulations, or tariffs apply to Services and conflict with a provision of these Terms and Conditions, such applicable law, regulation, or tariff controls.
Installation. Lumos is responsible for installing and maintaining Service(s) to the Network Interface at the Customer’s premises. Lumos will use all commercially reasonable efforts to make the Service(s) available on or before the requested Service date. Customer agrees to obtain all necessary consents to install Service(s) on the Customer premises from any third parties, such as landlords. Customer agrees to furnish and place at Customer premises, at its expense, any necessary space and power required for Services. Customer and Lumos will coordinate on the installation of Services. If Lumos is not able to obtain on reasonable terms and conditions as determined by Lumos any right of way, easement, permit, or license, including pole attachment rights, required for the installation or provision of Services, Lumos will give notice to Customer that Lumos is not able to provide the Service.
Billing and Payment.
Customer will provide Lumos with its name, address, telephone number and designated officer or agent for billing purposes. Lumos has the right to verify credit information, and Customer may be required to make an advance payment. Customer agrees to promptly update Lumos whenever billing information changes.
Customer is responsible for paying all charges associated with the Service, including surcharges and government imposed fees and charges that relate to the Services.
A late payment charge of 1.5% applies to any unpaid balance carried forward from a monthly bill to the next month’s bill.
When a check or draft tendered to Lumos for payment of Customer’s account or billing is dishonored by the institution on which is it drawn, or when an automatic debit or credit/debit card charge is declined or reversed, a fee of $25 will be charged to Customer.
Billing Disputes. If Customer believes Lumos has made a billing error, Customer must contact Lumos within ninety (90) days of the date of the bill that contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than ninety (90) days old. Customer may withhold the disputed portion of the bill pending resolution of the dispute, but all non-disputed charges are due within the normal time period. Lumos will notify Customer of the results of its inquiry, and either adjust the billing, issue a credit, or notify Customer that all or a portion of the disputed amount is still owed. Credits due to Customer will be issued no later than Customer’s next billing cycle following a determination that a credit is warranted, or within thirty (30) days from determination, whichever is sooner.
Termination of Service by Customer. Customer may terminate any Service with three (3) working days’ notice to Lumos.
Termination of Service by Lumos. Lumos may immediately terminate Service to Customer for the following reasons: (a) nonpayment of any sum due for Service where Customer’s charges remain unpaid more than thirty (30) days following written notice of nonpayment from Lumos; (b) Customer’s acts or omissions which violate these Terms and Conditions and where such violation or failure to comply threatens to interfere with Lumos’ operations or its furnishing of Service to another Customer; (c) the implementation of any order of a court of competent jurisdiction, or of a federal or state regulatory authority of competent jurisdiction, prohibiting Lumos from furnishing Customer any Service; or (d) where Lumos reasonably deems partial or complete termination of any Service is necessary to prevent unlawful use of its Services.
Internet Service Availability, Speeds. Lumos strives to provision Customer’s Internet connection up to the maximum advertised speed, but actual speed experienced by the Customer will vary based on multiple factors beyond Lumos’ control, such as the condition of wiring inside the Customer’s location; Customer’s computer and other devices configuration; Internet congestion on network and facilities not provided by Lumos; and the server speeds of websites accessed.
Permitted Use. Customer must comply with Lumos’ Acceptable Use Policy and Network Management Policy. Those policies are available on this website. Lumos’ Services may not be used, directly or indirectly, for any unlawful purpose. Lumos reserves the right to contact law enforcement to report any illegal activity.
Security; Fraud.
Customer may receive a username, password, and account designation from Lumos for certain Services. Customer is responsible for taking all necessary measures, including but not limited to changing any default passwords, in order to keep its account secure. Customer must notify Lumos immediately upon discovering any unauthorized use of its password-protected Services. Any usernames, passwords and email addresses distributed by Lumos remain the property of Lumos.
Customer is responsible for securing its equipment against fraudulent or unauthorized use or misuse of or access to the Services. Customer is responsible for payment of long distance and other charges for Services where such charges result from Customer’s failure to safeguard user names and passwords, or failure to secure Customer Equipment.
Emergency Services. As part of provisioning Service, Lumos will provide the applicable 911 system with Customer’s name, service address and other customer-specific information needed to update the 911 database. Customer must promptly notify Lumos of any changes in such information. Lumos will have no responsibility or liability to Customer or any third party in connection with or for responding to emergency 911 or other emergency referral calls.
Equipment; Maintenance and Ownership of Equipment. Lumos does not guarantee that any Service will work correctly if Customer uses equipment to access such Service other than the equipment provided by Lumos. Lumos has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer chooses to use in connection with the Service. Customer is responsible for returning any Lumos equipment in an undamaged condition, subject only to reasonable wear and tear. Failure to do so will result in the imposition of an equipment fee that may be substantial. In the event that the equipment owned by Lumos is stolen, Customer must provide Lumos with a copy of the police report to verify that the equipment was reported stolen. If no report is produced, then Customer will be held financially responsible for the stolen equipment.
Liability of Lumos.
The liability of Lumos for interruption, delays, or failures in transmissions (any one of which is considered a “Service Problem”) is limited to credits issued by Lumos to Customer. No credit will exceed the charges billed by Lumos to Customer for the period during which the Service Problem occurred. Lumos will issue a credit only when the Service Problem lasts more than twenty-four (24) consecutive hours. No credits will be earned by accumulating non-continuous periods of interruption.
LUMOS IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO LUMOS PROVIDING OR FAILING TO PROVIDE SERVICES TO THE CUSTOMER. CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDY AGAINST LUMOS FOR DAMAGES ARISING FROM CUSTOMER’S USE OF LUMOS SERVICES IS TO DISCONTINUE USE OF LUMOS SERVICES AND TO REQUEST CREDIT AS PROVIDED FOR ABOVE. THE LIMITATIONS SET FORTH HEREIN APPLY TO ANY AND ALL CLAIMS, INCLUDING THOSE FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY.
Indemnity. Customer indemnifies Lumos for any liability with respect to any and all claims, demands, damages, losses, costs or expenses, of every kind (including specifically special, indirect, incidental, punitive, exemplary or consequential damages) (collectively, the “Claims and Damages”), arising from Customer’s use of Lumos’ Services.
Severability and Waiver. Lumos may waive portions of these Terms and Conditions (except for regulatory obligations imposed by any federal or state authority or agency having jurisdiction over Lumos or its Services) but such a waiver does not constitute a general waiver of the Terms and Conditions.
Notices. Lumos’ notices to Customer shall be deemed given: (a) when sent by email to Customer’s last-known email address according to Lumos records; (b) when deposited in the United States mail addressed to Customer at Customer’s billing address; or (c) when hand-delivered to Customer’s premises. General notices to Lumos customers may also be included in Lumos’ billing statements.
Assignment. Customer may not assign or transfer Services to any other party without Lumos’ prior written consent.
Force Majeure. Lumos shall not be liable to Customer if the Services are affected by causes beyond Lumos’ control including fire, explosion, flood, earthquake, lightning, tornado, storms, or failure of commercial power.
Modifications. Lumos reserves the right to modify these terms and conditions at any time, including, but not limited to, the right to change any rates, charges, and tariffs pursuant to applicable law.
