Terms Of Service

1. General

1.1 Service Agreement

This 24-Month Service Agreement (this “Agreement”) sets forth the terms and conditions pursuant to which you will receive the Protected Retail Rates for your Axtel Consulting Services, as those terms are defined in Section 1.2 below.

This Agreement is by and between Axtel Consulting, LLC, on behalf of itself and its operating affiliates that provide the Axtel Consulting Services subject to this Agreement (collectively, “Axtel Consulting,” “we,” “our,” or “us”), and you, the account holder to whom the Axtel Consulting Services (as defined in Section 1.3 below) are provided.

1.2 Protected Retail Rates

During the Term and subject to Section 1.3 below, Axtel Consulting will not charge you more than Axtel Consulting’s published regular month-to-month, non-promotional rates (also referred to as the “retail rate”) in effect for your local franchise service area as of the first day of the Term of this Agreement (the “Protected Retail Rate(s)”) for the residential Axtel Consulting services you ordered and/or subscribed to (the “Axtel Consulting Services”) in response to an offer that required a two-year (24-month) service agreement (the “Offer”).

The specific Axtel Consulting Services included in your account and covered by this Agreement will be designated by a special legend on your monthly Axtel Consulting billing statement during the Term. Only those Axtel Consulting Services designated as covered by this Agreement on your billing statement will be subject to this Agreement.

You agree to carefully review the first billing statement you receive after your Acceptance of this Agreement and to notify Axtel Consulting of any discrepancies within thirty (30) days of the beginning of the Term or seven (7) days after receipt of your first billing statement reflecting the Axtel Consulting Services covered under this Agreement, whichever occurs later, by calling your local Axtel Consulting office.

If you do not timely object, you waive the right to dispute such designation and agree that the designations are accurate.

1.3 Rates, Fees, Charges, and Services Not Price Protected

The price protection provided under this Agreement does not apply to the following rates, fees, or charges related to your Axtel Consulting Services, which may increase or decrease during the Term:

(i) One-time charges, including, but not limited to, installation and activation/reactivation fees;
(ii) Usage-based charges, pay-per-use fees, pay-per-view charges, and overage charges;
(iii) Applicable federal, state, and local taxes, franchise fees, and other government-mandated or pass-through fees or surcharges;
(iv) Axtel Consulting-imposed or third-party-imposed surcharges and fees, including, without limitation, regulatory cost recovery fees, broadcast surcharges, and regional sports surcharges;
(v) Fees and charges for other Core Axtel Consulting Services (as defined in Section 3.1 below) added after entering into this Agreement or services not included in the Offer; and/or
(vi) Any other fee or charge not expressly included within the scope of the Axtel Consulting Services covered under this Agreement.

1.4 Promotional Discount Offers and Rates Are Not Price Protected

If you qualified for and received a short-term promotional discount off any Protected Retail Rate in connection with your Order (a “Promotional Discount”), your rates will revert to the applicable Protected Retail Rate(s) after the stated Promotional Discount period ends, for the remainder of the Term, unless this Agreement is earlier terminated in accordance with its terms.

1.5 Special Rebate and Incentive Offers

If you accepted an Offer that included a special rebate or incentive, in addition to accepting this Agreement within the time and manner specified in Section 1.2 above, you must maintain the Axtel Consulting Services covered under this Agreement at the service address of record for at least the first thirty (30) days of the Term to qualify for the advertised rebate or incentive.

You must satisfy all stated eligibility requirements and follow all instructions for claiming the rebate or incentive, including, if applicable, completing and returning any required rebate forms or fulfillment requests within the designated time period. If your rebate form or submission is late, misdirected, incomplete, incorrect, illegible, or submitted through improper channels, you will not be entitled to the advertised rebate or incentive.

Please allow ten (10) to twelve (12) weeks after Axtel Consulting receives your qualifying submission to receive your rebate payment or incentive, unless otherwise stated in the applicable offer.

Except as required by law, rebate checks not deposited or negotiated within one hundred eighty (180) days after issuance will become void and forfeited.

Prepaid reward cards are subject to the terms and conditions of the issuing bank and expire on the date shown on the card. Axtel Consulting will not replace or reissue any check, prepaid reward card, or other incentive if it is lost, stolen, damaged, expired, or otherwise becomes non-negotiable or invalid.

Incentives will be issued only in the name of the Primary Account Holder. Unless otherwise prohibited by law, rebate and incentive offers are limited to one (1) per Axtel Consulting account and per household. Axtel Consulting reserves the right to substitute any advertised incentive with one of equal or greater retail value. Incentives may not be exchanged or redeemed for cash or account credit.

1.6 Acceptance of Agreement

You accept this Agreement by doing one of the following within thirty (30) days of receiving the Offer from Axtel Consulting (the “Acceptance Date”):

Orally confirming your acceptance to Axtel Consulting or its authorized agent;

Activating any Axtel Consulting Service(s) covered under this Agreement through a method provided by Axtel Consulting;

Using or paying for any Axtel Consulting Service(s) covered under this Agreement; or

Agreeing to this Agreement electronically or in writing in accordance with Axtel Consulting’s instructions.

If you do not accept this Agreement within this thirty (30)-day period, you will not receive the price protection benefits and will be responsible for paying Axtel Consulting’s regular month-to-month, non-promotional rates for all services received, including any applicable rate increases.

2. Term

This Agreement has a term of twenty-four (24) months beginning on the earlier of the Acceptance Date or the Offer date (the “Term”).

3. Early Termination Fee

Except as otherwise provided herein, you agree to pay the applicable Early Termination Fee (ETF) listed in the table below if any one or all of the core Axtel Consulting services you subscribe to are disconnected for any reason before the expiration of the term.

4. Axtel Consulting Services

You may upgrade or downgrade service within a Core Axtel Consulting service category (e.g., from one internet tier to another or from one TV package to another) without incurring an ETF. However, the Protected Retail Rate(s) for the new tier or package will be Axtel Consulting’s published regular month-to-month, non-promotional rate(s) in effect on the date you request the change, and you agree to pay such adjusted Protected Retail Rates for the remainder of the Term.

You may terminate this Agreement by:
(i) Calling Axtel Consulting Customer Care at the number listed on your bill; or
(ii) Disconnecting any Core Axtel Consulting Services during the Term, subject to payment of the applicable ETF and all accrued charges.

For clarity, if Axtel Consulting disconnects any or all of your Core Axtel Consulting Services due to nonpayment, you will be deemed to have terminated this Agreement and will be charged the applicable ETF.

The ETF will be reduced by the amount the customer has already paid toward the 24-month agreement. The customer remains responsible for all outstanding charges due to Axtel Consulting under the contract.