Equipment Lease Agreement
Thank you for choosing Hill Country Telecommunications, LLC (“HCTC”)! The following is HCTC’s Lease Agreement that sets forth important terms and conditions regarding your Internet service equipment (the equipment) from HCTC. Please be sure to read and keep a copy of this document. It is also available at www.hctc.net.
TERMS AND CONDITIONS
By subscribing to Internet services from HCTC, you affirm that you (Customer) understand this Agreement between you and HCTC, and you accept this Agreement and its terms and conditions.
- HCTC agrees to provide and Customer agrees to accept the Lease Agreement for Internet service equipment at the address specified below.
- The equipment is HCTC’s property. The Customer may not assign, rent, or transfer the equipment or the Customer’s rights or duties under this Agreement to another person or entity without HCTC’s prior written consent. The Customer agrees to not mishandle, abuse, misuse, or improperly store or operate the equipment, and the Customer specifically agrees not to use the equipment with incompatible hardware, and, if the equipment is damaged by the Customer, HCTC may charge the Customer a replacement charge.
- If the equipment malfunctions due to a manufacturing defect, or from ordinary wear and tear, HCTC will replace or repair the equipment, at its option, without charge, so long as (a) the Customer notifies HCTC that the equipment’s basic operations are not functioning properly, and cooperate with the HCTC representative to evaluate the circumstances; and, (b) the Lease Agreement for the equipment is in effect and has not been terminated. If the equipment is broken, damaged, or rendered inoperable for any reason other than a manufacturing defect, the Customer will be responsible for the reasonable replacement cost of the equipment which could be up to the total cost of the equipment.
- Monthly lease charges will be billed one month in advance on the Customer’s Internet bill and may be prorated for partial months of service.
- Following the expiration of the Customer’s initial Internet Service Plan subject to any applicable law, HCTC may (a) terminate this agreement; (b) change any of the rates, terms, or conditions of this Agreement; or (c) continue service under the terms of this agreement on a month-to-month basis until Customer terminates agreement, subject to the provisions of Paragraph 6 below, or HCTC enacts option (a) or (b) as described in this paragraph. HCTC will notify you 30 days prior to the effective date of the termination or change in rates, terms, or conditions, and, if applicable, a new Agreement will be provided to you. The notice may be included with the Customer’s monthly bill. The Customer must return the equipment within 30 days of termination notice. If the Customer does not return the equipment within 30 days following such a change in rates, terms, or conditions, this will constitute agreement to the new rates, terms, or conditions. Price decreases may be made on five business days’ notice.
- If the Customer’s HCTC Internet service is terminated, or is subject to termination, for any reason, including but not limited to the Customer’s cancellation of that service or failure to pay, this Agreement shall be deemed terminated as of the termination of the HCTC Internet service, and Customer will be obligated to return the equipment and/or pay any replacement charge for the equipment.
- HCTC, ITS AFFILIATES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE MODEM AND/OR ROUTER OR THIS AGREEMENT, REGARDLESS OF THE BASIS UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER HCTC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. THE CUSTOMER’S EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE EQUIPMENT, AND/OR FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH HCTC SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO HCTC UNDER THIS AGREEMENT DURING THE MOST RECENT SIX-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE ALLEGED CLAIM.
- In the event of any inconsistency between this Agreement and any other documents related to the equipment exchanged between the Customer and HCTC, the provisions of this Agreement shall control. This is the entire agreement between the parties related to rental of the equipment. This agreement can only be modified by a signed, written agreement from both parties.
- Notices or correspondence related to this Agreement should be sent to the following address: HCTC, PO Box 768, 220 Carolyn Street, Ingram, Texas 78025