Terms & Conditions
EQUIPMENT a) Full Choice Owned. The set top box unit
and other Full Choice property and facilities (Equipment) delivered to Customer
and/or installed on the premises to receive the Service shall remain property
of Full Choice. Customer assumes the risk of loss, theft, or damage to the
Equipment at all times prior to the removal of the units by Full Choice or
return of the units by Customer. Home Wiring. For new
and existing single unit installations, the cable wire inside the Demarcation
Point, as defined by the FCC, shall become a fixture to the realty upon
installation. For multiple dwelling unit or commercial installations the cable
wire inside the Demarcation Point shall not be deemed a fixture or part of the
Customer’s realty unless the Customer purchases the cable wire when Service is
terminated. b) Customer Owned. Customer agrees that Full Choice is not
responsible for the operation, maintenance, service or repair of Customer’s
television, computer, radio or other consumer electronics which may from time
to time be connected to the Service.
ACCESS. Customer hereby grants Full Choice the right
to enter upon the property at the service address to install Service and to
audit, adjust, repair, replace, maintain, move or remove Equipment, and from
time to time check for signal leakage.
PARENTAL CONTROL. Parental control features are available for
use with the Service to block or “lock-out” certain video programming channels
and/or filter certain Internet content. You will find information in your
“installation packet” on how to
enable these features.
PAYMENT TERMS. Customer agrees to pay monthly charges in
advance and any applicable taxes and fees, in accordance with applicable law. Full
Choice may charge a reasonable service fee for all returned checks and bankcard
charge backs. The returned check amount (plus fee) must be replaced by cash,
cashier’s check or money order. Any charges associated with Service and
Equipment additions requested by Customer subsequent to the initial installation
shall be reflected on the Customer’s billing statement after the additional
Service and/or Equipment has been added. Customer must bring any billing errors
or requests for credit to Avenue’s attention within thirty (30) days of the
time Customer receives the bill for which correction of a billing error or
credit is sought.
CHANGES TO SERVICE. Full Choice reserves a certain time window
(typically five to seven business days) to effect any changes in Service. Any
refund due will be mailed within a certain time window (typically 30 days)
after settlement of account, return of Equipment to Full Choice and completion
of final billing cycle.
CORRESPONDENCE. Do not mail written correspondence with your bill statement.
PLEASE SUBMIT ALL CORRESPONDENCE TO FULL CHOICE COMMUNICATIONS, INC. OFFICE: PO
BOX 447 HOOPESTON, IL 60942
LATE FEES. If Full Choice does not receive timely, full
payment, Customer may be charged a Late Fee. The Late Fee is intended to be a
reasonable advance estimate of costs to manage past due accounts. Some examples
of costs incurred to manage past due accounts include the additional expense
associated with preparing additional bill statements, processing Customer’s
service records, mailing additional notices, tracking past due accounts, responding
to inquiries regarding past due balances, making collection telephone calls,
performing special procedures to process past due payments, generating work
orders and performing necessary field work to collect past due accounts. Full
Choice will tell Customer the amount of the Late Fee and other additional
charges at the time Customer subscribes to and receives Full Choice service. Full
Choice does not extend credit to our Customers and the Late Fee is not
interest, a credit service charge, or finance charge. Full Choice’s late fee
practices may be revised to comply with applicable federal, state, or local
laws, rules, or regulations.
PRIOR ACCOUNTS. Customer warrants that no monies are owing to
Full Choice from previous accounts with Full Choice. If Full Choice finds a
prior account with Customer with monies owed to us, then we may apply any funds
received to that prior account.
TERMINATION-CUSTOMER. Customer may terminate Service in person at
the cable system office or by telephone. To avoid any billing misunderstanding,
telephone requests for disconnection should be followed up either in writing or
in person.
TERMINATION OF
SERVICE/DISCONNECTED ACCOUNT. Upon termination, the company may charge additional fees on any
unpaid balance. Full Choice reserves the right to continue billing for Service
through the end of the billing cycle or until Equipment has been returned,
whichever first occurs. The replacement costs for any unreturned Equipment will
be posted to Customer’s account once billing ends. In the event that the
Equipment is destroyed, damaged, lost, or stolen, or not returned to Full
Choice upon termination of Service, Customer shall be liable to Full Choice for
the full replacement cost of any unreturned Equipment. Customer understands and
agrees that any deposit account may be used to offset any outstanding balance
and/or the cost of any unreturned Equipment. Further, Customer understands and
agrees that Full Choice may charge Customer’s credit card on file at
Termination of Service in the amount of any outstanding balance and/or for the
cost for any unreturned Equipment, in accordance with applicable law.
CUSTOMER PRIVACY RIGHTS
NOTICE. Please refer to the
“installation packet” for a complete statement regarding Customer Privacy.
RESTRICTIONS. Customer may not order or request PPV,
digital music, or any other programming for receipt, exhibition, or taping in a
commercial establishment. Customer may neither exhibit nor assist in the
exhibition of PPV programming in a commercial establishment unless explicitly
authorized to so by agreement with an authorized program provider. If Customer
fails to abide by this restriction, Customer accepts liability for any and all
claims made against Customer or Avenue on account of any commercial exhibition.
PROGRAMMING. Customer acknowledges that Full Choice has
the right at any time to preempt, without notice, specific advertised
programming and to substitute programming which we deems to be comparable.
THEFT OF SERVICE. Customer shall not intercept, receive, share,
or assist in the interception, receipt, or sharing of any service offered by Full
Choice without prior written authorization from us. Customer shall not move
Equipment to another location or use it at an address other than the Service
address without prior authorization from Avenue.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY. a) No Warranty. Full Choice makes no warranty, express or
implied, including any warranty of merchantability, fitness for a particular
purpose, or non-infringement of either the Equipment or Service furnished
hereunder. b) Limitation of Liability. Full Choice shall not be liable to
Customer for indirect, special, incidental, consequential, punitive, or
exemplary damages arising out of or in connection with the Service or any acts
or omissions associated therewith, including any acts or omissions by
subcontractors of Full Choice, or relating to any services furnished, whether
such claim is based on breach of warranty, contract, tort or any other legal
theory and regardless of the cause of such loss or damages or whether any other
remedy provided herein fails. c) Customer Exclusive Remedy. Full Choice’s entire
liability and Customer’s exclusive remedy with respect to the use of the
Services or any breach by Full Choice or any obligation we may have under these
Terms and Conditions shall be Customer’s ability to terminate the Service or to
obtain the replacement or repair of any defective Equipment. In no event shall Full
Choice’s liability to Customer for any claim arising out of the Agreement
exceed the amount paid by Customer during the preceding thirty (30) day period.
Assignment - Change of Occupancy. The Service shall
only be provided to Customer at the address where Full Choice’s installation is
performed. Customer may not transfer Customer’s rights or obligations to the
Service to any successor tenant or occupant.
COMPLAINT PROCEDURE. Our goal is to provide our Customers the
highest quality service. Our Customer Service telephone lines are staffed
weekdays with extended business hours. Telephone requests made outside of
business hours may be handled by a call center, a contracted service or an
automatic recording device. Our representatives are available to answer billing
questions, provide you with programming information, schedule a service call,
or to upgrade or downgrade service. Full Choice follows the Customer Service
guidelines set by the Federal Communications Commission. Full Choice strives to
resolve any complaints concerning its Service as quickly as possible. Should a
Customer have an unresolved complaint regarding quality of Service, equipment
malfunctions, or similar matters, the Customer should contact the Customer
Service Manager at our office. Local governments designate individuals,
councils, boards, committees, or commissions to resolve consumer complaints and
ensure compliance with all laws and regulations. The name and number of your
local franchise authority is listed on your bill statement.
BASIC TIER AVAILABILITY. The Basic Service Tier is the lowest level of
Cable service. Basic Service includes off-air broadcast stations,
franchise-required public, educational and government access channels if any,
and any additional video programming signals or services as determined by
Avenue. Please consult the channel lineup for a full listing of Channels and
Services offered on the Basic Service Plan. All such programming varies by
community basis and is subject to change at any time. A cable customer must
subscribe to the Basic Service Tier in order to subscribe to any other Cable
Service Tier offered by Full Choice Communications, Inc.