Terms & Conditions

The following terms and conditions apply to the Services identified on the VGI Technology Internet Order Form, which together comprise this Agreement. By signing the Internet Order Form, Customer acknowledges having reviewed and accepted these Terms and Conditions, which supersede any prior representations or agreements, whether verbal or written.

  1. Service Date and Term. This Agreement is effective upon installation of Equipment and activation of Services, for the Initial Term set forth on the Internet Order Form. VGI Technology will make reasonable efforts to meet the scheduled installation date but is not responsible for delays. After the Initial Term, this Agreement automatically renews for consecutive monthly Renewal Terms unless terminated in writing at least 30 days prior to the end of the then-current term.
  2. Payment. Billing commences upon activation of Services. Customer agrees to pay all recurring costs, install charges, and other miscellaneous charges by the invoice due date. Amounts not received by the due date are subject to a late/finance charge of 1.5% monthly (18% APR), minimum $1.50 plus tax. There are no refunds for unused portions of prepaid Service.
  3. Billing. All Services are provided on a pre-paid basis; payment is due no later than the invoice due date. Install charges are due within 15 days of the invoice date.
  4. Price and Service Plan Changes. Prices, fees, taxes, surcharges, plan availability, and service packages are subject to change. VGI Technology will provide notice of material changes as required by law or the service agreement. Continued use of Service after a pricing change constitutes acceptance of the updated pricing.
  5. Suspension. If an invoice remains unpaid 15 days past the due date, VGI Technology may suspend Services with or without notice. Reactivation incurs a one-time charge. If Services are not reactivated and outstanding invoices paid within 15 days of suspension, VGI Technology may terminate Services, remove Equipment, and charge applicable termination liability.
  6. Service and Installation. VGI Technology provides Customer with Services and any necessary Equipment. If a location is not serviceable under normal installation guidelines, VGI Technology may terminate this Agreement without liability except for Services already utilized. Customer's use of the Services must comply with all applicable laws and VGI Technology's Acceptable Use Policy (AUP), available at vgitechnology.com/aup.
  7. Customer Responsibilities. Customer is responsible for arranging necessary access to its premises for installation, repair, and maintenance of Equipment, keeping the premises appropriately prepared, complying with applicable laws and leases, and ensuring Customer equipment is compatible with the VGI Technology network.
  8. Equipment. VGI Technology retains title to Equipment it installs; Customer may not create liens or encumbrances on it. Internal wiring becomes Customer's property upon installation. Customer shall not modify or relocate Equipment. Upon termination, Customer shall return Equipment in good condition or be responsible for its full replacement value if lost, stolen, or damaged (absent misuse).
  9. Resale of Service. Customer may not resell any portion of the Services unless enrolled in an authorized VGI Technology reseller program.
  10. Default. If Customer fails to comply with this Agreement, including failure to pay, VGI Technology may terminate or suspend Services and/or pursue other remedies including reasonable attorney's fees and applicable termination fees, subject to a 30-day cure period (or the 15-day suspension period for non-payment).
  11. IP Addresses. VGI Technology allocates IP addresses according to ARIN guidelines; all assigned addresses must be relinquished upon termination and are subject to the AUP.
  12. Termination. Customers wishing to terminate must cancel in writing (email to billing@vgitechnology.com is acceptable) with an effective date 30 days prior to termination. Early termination liability for fixed wireless contracts is $400 plus applicable taxes; other contracts are billed 100% of the remaining contract amount upon termination.
  13. Limitation of Liability. VGI Technology is not liable for damages from failure to furnish or interruption of Services, signal transmission errors, or lost data. Neither party is liable for indirect, consequential, special, incidental, or punitive damages. Customer's sole remedy for outages or service defects is limited to the remedies in the applicable Service Level Agreement.
  14. Assignment. Neither party may assign this Agreement without the other's prior written consent (not unreasonably withheld), except in connection with a change of ownership or sale of substantially all assets.
  15. Warranties. Except as provided herein, there are no express or implied warranties, including merchantability or fitness for a particular purpose. Services are provided on a "best effort" basis.
  16. Indemnity. Customer and VGI Technology mutually indemnify one another for losses arising from bodily injury or property damage caused by the other's negligence or willful misconduct. Customer indemnifies VGI Technology for claims arising from Customer's violation of third-party rights or misuse of the Services.
  17. Viruses, Content and Customer Information. Customer is solely responsible for protecting its equipment and software from viruses or harmful content encountered through use of the Services.
  18. Miscellaneous. This Agreement, together with the Internet Order Form, constitutes the entire agreement between the parties and is governed by the laws of the State of Texas. Invalidity of any provision does not affect the remainder of the Agreement. Amendments must be in writing and signed by both parties.
  19. Regulatory Authority & Force Majeure. This Agreement is subject to modification to comply with applicable laws and regulations. Neither party is liable for failure of performance caused by acts of God, natural disasters, civil action, or similar events beyond its control.
  20. Survival. Indemnification provisions and any provisions requiring performance after expiration survive termination of this Agreement.

Contact

VGI Technology
2702 W Loop 306
San Angelo, TX 76904
Phone: 325-223-3000
info@vgitechnology.com

Marble Falls Office:
2104 11th St. Suite 101
Marble Falls, TX 78654
(830) 693-5557