These Terms and Conditions (“Agreement”) govern the telecommunications services (“Service(s)”) provided by MegaWatt Fiber (“Company”) to the customer (“Customer”).
By selecting “I Agree” during the online ecommerce sign-up process, Customer acknowledges that they have read, understood, and agree to be legally bound by these Terms and Conditions and the applicable Service Order submitted during checkout.
If Customer does not agree to these Terms and Conditions, they may not subscribe to or use the Service(s).
1. Installation
Company is responsible for installing and maintaining Service(s) to the Network Interface at the service address(es) (“Premises”). Installation includes required electronic components, conduit, cabling, and related materials necessary to deliver Service(s).
1.1 Standard Installation and Construction Charges
Standard installation includes up to 250 linear feet of fiber construction from the nearest MegaWatt Fiber network access point to the Premises.
If installation requires fiber construction exceeding 250 linear feet, additional construction charges will apply at a rate of $0.65 per linear foot for all footage beyond the included 250 feet.
Any estimated additional construction charges will be disclosed to Customer prior to installation. Installation will not proceed until Customer approves any additional charges.
Additional charges may also apply for specialized trenching, boring under driveways, roads, or hardscape, rock excavation, restoration beyond standard finish grade, or aerial construction where underground placement is not feasible.
1.2 Customer Responsibilities During Installation
Customer agrees to obtain any necessary property owner or third-party consents, provide suitable access to the Premises, provide necessary electrical power and grounding, provide a suitable location for required equipment, and allow reasonable access for installation, maintenance, and repair.
1.3 Special Installation Conditions
If subsurface or concealed conditions significantly increase costs, or required permits, easements, or rights-of-way cannot be obtained on commercially reasonable terms, Company may acquire third-party facilities to provide Service(s) or cancel the affected Service(s) without further obligation.
Company will restore disturbed areas to finish grade and provide rough surface restoration where applicable.
2. Equipment
All MegaWatt Fiber-provided equipment remains the property of the Company unless otherwise agreed in writing. Customer agrees to protect Company equipment from damage, not tamper with or relocate Company equipment, and allow retrieval upon termination. If equipment is not returned or accessible within 30 days of cancellation, Customer may be billed for replacement cost.
3. Payment Terms
Customer is responsible for payment of all non-disputed charges for Service(s), including applicable taxes and fees.
Invoices are due Net 15 days from the invoice date. A late payment charge of 1.0 percent per month applies to unpaid balances.
Company may suspend or discontinue Service(s) for non-payment of undisputed charges after reasonable notice.
4. Term and Renewal
4.1 Initial Term
Unless otherwise stated at the time of signup, the initial term of Service shall be twenty-four (24) months beginning on the date Service is activated (“Initial Term”).
4.2 Automatic Renewal
Upon expiration of the Initial Term, Service(s) shall automatically continue on a month-to-month basis unless either party provides at least thirty (30) days written notice of termination.
4.3 Early Termination
If Customer terminates Service(s) prior to expiration of the Initial Term, early termination charges shall apply as set forth below.
Customer must provide thirty (30) days written notice to discontinue Service(s). Notice must be sent to support@megawattfiber.com.
4.4 Early Termination Charges
If Customer cancels Service(s) prior to the expiration of the Initial Term, Customer shall be responsible for payment of one hundred percent (100%) of the remaining monthly recurring charges for the balance of the Initial Term. All unpaid amounts shall become immediately due and payable upon termination.
The parties agree that the early termination charges represent a reasonable estimate of damages resulting from early termination and are not a penalty.
5. Acceptable Use
Customer agrees not to use the Service(s) for unlawful purposes or in violation of applicable laws or regulations.
6. Limitation of Liability
Service is provided on an “as is” and “as available” basis. MegaWatt Fiber does not guarantee uninterrupted or error-free Service.
To the maximum extent permitted by applicable law, MegaWatt Fiber shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, arising out of or relating to the Service(s).
In all cases, MegaWatt Fiber’s total aggregate liability arising out of or relating to the Service(s) shall not exceed the total amount paid by Customer for the affected Service(s) during the one (1) month period immediately preceding the event giving rise to the claim.
Nothing in this Agreement shall exclude liability where such exclusion is prohibited by applicable law.
7. Modifications to Terms
MegaWatt Fiber reserves the right to modify or update these Terms and Conditions at any time. Updated Terms will be posted on the Company website and become effective upon posting. Continued use of the Service(s) constitutes acceptance of updated Terms.
8. Governing Law
This Agreement shall be governed by the laws of the State of Tennessee.
9. Electronic Acceptance
By selecting “I Agree” during the ecommerce sign-up process, Customer acknowledges that this Agreement is legally binding and that electronic acceptance constitutes valid and enforceable agreement.