This agreement is between TrioTel Communications, Inc. (TrioTel), duly authorized and existing under the laws of the State of South Dakota with its office at 330 South Nebraska Street, PO Box 630, Salem, SD 57058, and the undersigned subscriber.
Billing Terms: All monthly charges are to be paid in advance or at the time billed by TrioTel, and no portion of such monthly charges will be refundable unless for services rendered. TrioTel will provide subscribers with a statement for each billing cycle. Statements will reflect: payments, credits, purchases, and any other charges to the account for all services received, the amount owed to TrioTel, and the date the payment is due. Payment of an outstanding balance is due in full by the date due. If we do not receive payment in full by the date due on the billing statement, TrioTel has the right to deactivate all services. Subscribers should be advised that the first bill may be larger than normal, and may include: activation/installation fees, the previous month’s prorated monthly charges along with the current month’s charges, equipment purchases, costs for labor and materials during installation, plus any other charges or miscellaneous fees.
Payment For Service: Subscriber agrees to pay for all TrioVision subscriptions, pay-per-view or video on demand purchases (as available), and other services required by this Agreement or which are ordered by the subscriber or anyone who uses the subscriber’s TrioVision system, whether with or without subscriber’s permission, through all periods until the subscription and other services are canceled. Subscriber is responsible for all pay-per-view or video on demand purchases and will not be issued credit for duplicate programming purchases, failure to record purchased programming, interruptions due to power outages or equipment failure, or any other instance in which the outage, interruption or error was beyond the reasonable control of TrioTel. It is the subscriber’s responsibility to maintain and enforce the pay-per-view, video on demand, and parental locks on the interactive program guide. TrioTel may, based on credit score or payment history, require a deposit or payment in advance for services, limit the services available, or take other action to secure subscriber obligation to TrioTel as a condition of subscribers continued receipt of services.
Fees and Charges: In addition to the amounts due for TrioVision programming services, subscriber agrees to pay the following charges, if applicable, in the amounts stated, as amended from time to time: Activation/Installation Fee: Time and Materials. Subscriber will be billed for Time and Materials on their first TrioTel billing statement. Additional charges may apply if subscriber requires an HPNA box or if subscriber requests extra Category 5 cable. A $5.00 programming fee may apply if subscriber changes premium movie channels and/or package plans.
Vacation Fee $25.00: TrioVision service may be put on vacation for a minimum of three months. Subscriber agrees to pay the Vacation Fee when TrioVision service is restored.
Late Payment Fee $2.00 or 1 ½% of the Outstanding Balance: Subscriber agrees to pay the Late Payment Fee if payment is not received by the date due on the billing statement. Subscribers on the Prompt Payment Plan will not receive a late notice, instead, services will be suspended if payment is not received by the date due on the billing statement.
Restoral of Service Fee $28.00: Subscriber agrees to pay the Restoral of Service Fee if TrioVision programming service has been suspended and wishes service to be restored, in addition to bringing the account up to date by payment in full of any outstanding balances, fees, and charges.
Returned Payment Fee $30.00: Subscriber agrees to pay the Returned Payment Fee if the bank or other financial institution on which payment is drawn refuses to pay TrioTel for any reason, and the check, money order, or any other instrument is returned to TrioTel unpaid.
Equipment Agreement: Subscriber agrees that all equipment installed in or on the premises is the property of TrioTel; and will not deliberately alter, tamper with, or remove equipment; and will exercise reasonable care to prevent damage or loss of the equipment. If the equipment is tampered with, lost, stolen, or not returned, subscriber agrees to pay TrioTel for the repair or replacement of the equipment. If it is necessary for TrioTel to commence legal proceedings for the recovery of such damages, any amounts due under this Agreement or by law, or for the recovery of the TrioVision equipment, subscriber agrees to pay any unpaid balance due TrioTel, legal costs of collection, plus 1 1/2% interest per month. The purchase and replacement of remote batteries in the future will be the subscriber’s responsibility. If a remote is lost or damaged, replacement remotes can be purchased from TrioTel. TrioVision equipment is and shall remain the property of TrioTel. Upon termination of TrioVision service, the equipment must be returned to an authorized representative of TrioTel in proper undamaged condition within 72 hours. Subscriber agrees to return all equipment to the TrioTel Business Office located at 330 S. Nebraska St., Salem, SD, or will otherwise make arrangements for an authorized TrioTel representative to recover the TrioVision equipment from subscriber’s residence.
In the event of a software upgrade, hardware failure, or factory restoral subscriber’s DVR set top box may lose any or all content recorded. TrioTel is not responsible for lost recordings, pay-per-view or video on demand purchases. Service limitations and restrictions may apply in certain areas. Pricing may vary and is subject to change.
