These Terms of Service (“Agreement”) govern the use of services provided by Digi Comm Enterprises, LLC (“DCTexas”, “we,” “our,” “us”), including internet service, business phone service, and / or managed IT services (“Services”). By subscribing to or using our Services, you (“Customer,” “you,” “your”) agree to comply with these Terms of Service. If you are entering into this Agreement on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
1. Services Provided
DCTexas offers internet, business phone, and / or managed IT services to residential and / or business customers. The specific services provided will be outlined in your service order or agreement and may include:
• Internet service (wireless, broadband, fiber, etc.)
• Business phone services (voice, VoIP, etc.)
• Managed IT services (network support, IT consulting, etc.)
2. Service Availability
While we strive to provide uninterrupted and reliable Services, we do not guarantee continuous, error-free service. The availability of Services may be affected by factors outside of our control, including but not limited to network outages, natural disasters, and scheduled maintenance. We will make reasonable efforts to restore service promptly in case of interruptions.
3. Customer Responsibilities
• Account Accuracy: You agree to provide accurate, complete, and current information for your account and notify us of any changes to
your contact or billing information.
• Compliance: You agree to use our Services in accordance with all applicable laws, regulations, and industry standards. You are solely
responsible for the content you transmit over our Services, and you agree not to use the Services for illegal, harmful, or offensive activities.
• Equipment and Access: You are responsible for providing any necessary equipment, including routers, modems, phones, or computers, unless otherwise
specified in the service agreement. You must ensure that the equipment and systems you connect to our Services are compatible and secure.
• Security: You are responsible for maintaining the security of your systems and network, including implementing appropriate security measures
to protect against unauthorized access or misuse.
4. Use of the Services
You agree that you will not:
• Use our Services to engage in any illegal activity, including but not limited to fraud, harassment, or violations of intellectual property rights.
• Attempt to interfere with or disrupt the performance of our network, equipment, or other customers' access to our Services.
• Violate any terms or policies of our third-party service providers, including software or hardware vendors that may be used to support the Services.
• Use our internet services for activities that excessively consume bandwidth or negatively impact the quality of service for other customers.
5. Fees and Payment
• Charges: You agree to pay all fees for the Services as specified in your order or agreement. Fees may include one-time installation charges,
monthly service fees, late payment charges, and other fees that may apply based on your service plan.
• Billing: Your billing cycle will be defined in your service agreement, and we will issue invoices on a periodic basis. You agree to pay all
amounts by the due date indicated on your invoice.
• Late Fees: If payment is not received by the due date, we may charge a late fee. Continued failure to pay may result in service suspension
or termination.
• Taxes and Fees: You are responsible for paying all applicable taxes and fees associated with the provision of our Services.
6. Term and Termination
Term: This Agreement begins on the date you accept the terms and conditions and continues until terminated by either party.
Termination by You: You may terminate your Services at any time by providing us with 30 days’ notice in writing or as otherwise provided in your agreement. Termination may be subject to early termination fees as specified in your service agreement.
Termination by Us: We may suspend or terminate your Services immediately for any of the following reasons:
• Failure to pay amounts due.
• Violation of these Terms of Service or other applicable policies.
• Engaging in illegal, harmful, or disruptive activities that impact our network or other customers.
Effect of Termination: Upon termination, you must immediately cease using our Services, return any equipment provided by us, and pay any outstanding fees.
7. Limitation of Liability
To the fullest extent permitted by law, DCTexas shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with this Agreement, including but not limited to loss of data, business interruption, or loss of profits. Our total liability for any claim or dispute related to this Agreement shall not exceed the total amount paid by you for the Services in the 3 months preceding the event giving rise to the claim.
8. Indemnification
You agree to indemnify and hold harmless DCTexas, its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, or expenses arising out of your use of the Services, violation of these Terms, or infringement of third-party rights.
9. Privacy and Data Use
We value your privacy and will handle your personal information in accordance with our Privacy Policy. You agree to our collection and use of your personal information as described in the Privacy Policy.
10. Changes to These Terms
We reserve the right to modify these Terms of Service at any time. If we make changes, we will post the updated Terms on our website. You are responsible for reviewing these Terms periodically to stay informed of any updates. Continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.
11. Dispute Resolution and Governing Law
Any disputes arising under or related to this Agreement shall be resolved through binding arbitration in accordance with the rules and the laws of the State of Texas. The venue for arbitration shall be Tyler, Texas.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disasters, strikes, or network failures.
13. Miscellaneous
• Entire Agreement: This Agreement, along with any service order, invoice, or other documents referenced herein, constitutes the entire
agreement between you and Digi Comm Enterprises, LLC and supersedes all prior agreements or understandings, whether written or oral.
• Severability: If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full effect.
• Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may
assign or transfer our rights and obligations at our discretion.
14. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us at:
Digi Comm Enterprises, LLC
412 S Broadway, Tyler, TX 75702
903-581-6500
support@dctexas.net