The fees and charges for the Product are set out on the Product Description Page (Fees). The Product Description Page may also contain a date on which the Fees are due (Due Date). If no Due Date is set out, the Fees are due upon your receipt of our invoice and are considered past due 20 days from date of the invoice. Set up fees are not refundable for any reason. You are responsible for all long distance and/or connection charges associated with the Products. Fees accrue beginning on the Effective Date.
Our obligation to provide the Products is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. You must provide accurate billing information. For example, a correct credit card number, name, and address. It is your responsibility to ensure that this information is current, and that you have provided the most recent information to us. Fees will be considered paid on the date your financial institution makes the funds available to us. Should your account be suspended for any reason, Fees will continue to accrue.
If the monthly account charges and Fees are not paid or not received in our office 40 days from the date of the invoice, your account will be considered delinquent. At that time our system will automatically place your account on hold. Putting an account on hold renders your account so it is not useable. To reinstate your account, we may charge you: (i) a returned check fee in the amount of $50; (ii) interest in the amount of 2.0% per month, or the maximum amount allowed by law; (iii) collection charges; and/or (iv) any fees levied on us by our financial institution; (v) a reinstatement fee of $15. During the period in which your account is delinquent, we reserve the right to terminate this Agreement and the Products. Any account placed on hold will require you enroll in Automatic Payment by debit/credit card or prepayment of three months service in advance for service to be resumed. Your credit card issuer agreement governs your use of your designated card in connection with Peak Internet and you must refer to that agreement and not this agreement with respect to your rights and liabilities as a cardholder. If your credit card is declined one or more times, you may be charged a credit card decline fee. You agree to be bound by any rules your credit card issuer requires for pre-authorized credit card charges. If you believe your bill contains any incorrect charges you must notify us of such disputed charges within forty-five (45) days of the first bill on which the charge first appears or they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer.
You may choose to purchase certain products and products that are provided by other parties through Peak (Third Party Products). Fees for the Third Party Products may not appear on Peak’s invoices in the month on which they are delivered. You agree to pay for these Third Party Products regardless of the length of time elapsed between their delivery date, and the date on which you are charged.
If you believe there is an error in your invoice, we encourage you to contact us in writing. Our obligation to consider your claim is contingent on you providing us with written notice of this dispute and including sufficient facts for us to investigate your claims. We must receive this notice at least 5 days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet Dispute Deadline. If we find that your claim is valid, we agree to credit your account on your next invoice. If you contact your credit card company and dispute a charge with them, and this dispute is past the Dispute Deadline, we may charge you a $200 investigation fee. Peak Internet will provide equipment (“Equipment”) necessary to deliver Internet connectivity to the interior of your service address. Upon service termination by either party, you agree to return within seven days all Peak Internet Equipment in your possession in good working order, normal wear and tear excepted. If you do not return Equipment, or we determine returned Equipment to be damaged beyond normal wear and tear, you agree to pay full replacement cost of Equipment up to $300.00.
You agree that Peak Internet may pursue all avenues of collection, including use of collection agencies and authorizes Peak Internet to prepare and submit credit charge slips using any of the charge cards on file to recover all charges and all other unpaid amounts due to (a) subscriber’s failure to return equipment. (b) damaged or destroyed equipment (normal wear and tear accepted.) (c) other unpaid charges and reasonable legal fees resulting from the failure of subscriber to pay for services.
PEAK INTERNET RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY PEAK INTERNET, LLC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING. PEAK INTERNET LLC, MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH email TO YOUR REGISTERED ACCOUNT OR THROUGH THE U.S. MAIL TO THE MASTER ACCOUNT HOLDER.