NexGen Business Terms of Service
Thanks for using NexGen’s products, equipment, and services (“Services”). The Services are provided by NexGen Connected Communities LLC, NexGen Communications LLC, and NexGen Integrated Communications LLC or one of its subsidiaries (NexGen Connected Communities LLC, NexGen Communications LLC, NexGen Integrated Communications LLC, and its subsidiaries are referred to below as “NexGen”).
By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your business who may use the Services.
By signing up for or using the Services, you agree to these Terms.
Communicating Electronically with NexGen
We may be required to provide certain disclosures, notices, and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your NexGen account and your use of the Services.
Eligibility for NexGen Services
To see if your business is eligible for NexGen Services, you may contact NexGen through our website under the Property Mangers, Property Owners and Businesses contact page. NexGen reserves the right to determine whether any Services are made available to a particular address.
You agree to provide NexGen with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that NexGen may install equipment on the exterior and interior of your premises (including but not limited to laying underground conduit and/or affixing equipment to the outside of your building or facility) at any reasonable location. You agree that NexGen may take photographs of the equipment installed by or on behalf of NexGen on the exterior or interior of the premises for quality control purposes. You also agree that NexGen may use, and that you have the necessary permissions to approve NexGen’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation services.
If you rent or otherwise do not own your premises, you represent and warrant that you are authorized by the property owner to order NexGen installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for NexGen to perform installation services. If NexGen incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for NexGen to install the equipment required for the Services, you are responsible for reimbursing NexGen for those costs or losses.
Acceptance of these Terms does not guarantee that NexGen will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.
Construction and Installation Fees
Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). NexGen may allow some users to pay construction or installation fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction or installation fee, you agree to pay the outstanding construction or installation fee balance as of the date of such change, cancelation, or termination. Construction and installation fees are subject to change.
NexGen may provide or lease various pieces of equipment to you in connection with the Services. If you lose or damage NexGen equipment after installation, NexGen may charge you a fee for replacement equipment. If you fail to return NexGen equipment back to NexGen, an additional fee may apply. Equipment fees are subject to change.
Unless explicitly stated otherwise on our website, NexGen owns all equipment provided by NexGen in connection with the Services. From time to time, NexGen may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.
You authorize NexGen to install software upgrades on any NexGen-owned equipment. By using NexGen equipment you agree to only use the equipment in a manner consistent with the NexGen Business Acceptable Use Policy.
International Calling and Battery Backup Your Phone
All calls between two different countries will be charged on a rate per minute basis. Calls will be rounded up to the nearest minute. The applicable rates vary per country and are subject to change at any time without notice.
By default, International dialing is blocked by NexGen. To have this service turned on, you will need to call NexGen and have a “Mandatory Account Access Code” placed on the line. This will require you to enter a PIN when dialing International. This assists in preventing Toll-Fraud.
Services require electricity to operate. If there is a power outage, you will not be able to make or receive calls, including 911 calls, unless you have battery backup power. You are solely responsible for obtaining battery backup capabilities, and we will not be liable for the failure of your service during a power outage, including failure due to the lack or nonperformance of battery backup power. We will not provide support for, or be responsible for, ongoing maintenance or management of any battery backup equipment you purchase.
Using NexGen Services
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our NexGen Business Acceptable Use Policy, which is incorporated into these Terms. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
As described in the NexGen Business Acceptable Use Policy, you may not resell the Services directly or indirectly. You agree, for example, not to provide the Services in hotel rooms, dormitory rooms in residence halls, private hospital rooms, or shared or rented office spaces that are paid for by customers. You may, however, provide the Services in common areas on your premises, such as lobbies or waiting areas.
If you are using the Services in a premises or other location that you do not own or control (such as a multiple unit building, strip mall, office park, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; NexGen is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
Resale and Redistribution
The Services are intended to be used by you, your employees, your customers, and other users in the ordinary course of business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises.
NexGen makes an effort to keep its network secure, but no network security is perfect. While NexGen may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. NexGen is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Billing and Payment
You agree to pay any and all applicable fees associated with the Services.
NexGen will send bills by mail to the address associated with your account. Other required notices will be sent by email to all email addresses associated with your account. You may request to have bills sent electronically at any time. You may also access this information through your online NexGen E-Care account. You agree to pay recurring monthly service fees a month in advance of the billing cycle in which you will receive the Services. Your first bill may include a prorated portion.
If you choose to set up automatic payments, you authorize NexGen to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method.
Bills are sent around the 15th of each month. All NexGen bills are due on the 1st of each month. For example, a bill received on July 15th is due on August 1st. If payment is not received for any reason within 10 days of the due date, a late fee may be assessed to your NexGen account. NexGen may, consistent with applicable laws, suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that NexGen reinstate any suspended or terminated Services, NexGen may charge you a reconnection fee. You agree that NexGen is not responsible for any third-party charges you may incur in connection with your NexGen E-Care account, credit card or other payment method. All billing and payment information subject to change.
Changing and Canceling Services; Termination
Unless otherwise stated in your NexGen Commercial Services Agreement (“CSA”), you are required to give written notice of termination to NexGen at least thirty (30) days prior to the expiration of the initial term or any renewal term. If you wish to terminate the CSA and Services prior to the expiration of the initial term, you agree to pay the following early termination penalties. Early termination penalties are 100% of the monthly recurring charge (“MRC”) for months 1-12 and 75% of the MRC for any remaining months in the initial term. NexGen reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Upon account termination, you may be required to return some or all of the equipment. If you do not return this equipment, you may be subject to additional fees.
When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes.
If you request cancelation of all your Services, your Services will be available until the cancelation date you select. Your NexGen account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded by check to the address of your choice. Any outstanding balance on your NexGen account after you cancel services with us may be sent to collections.
If your Services included free or paid-for subscriptions to services other than those provided by NexGen, NexGen will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them.
NexGen reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY NEXGEN OR AN AGENT THEREOF, NEITHER NEXGEN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY NEXGEN, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEXGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, NEXGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, NEXGEN, AND NEXGEN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these Terms. It will hold harmless and indemnify NexGen and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Changes To These Terms
You can review the most current version of the Terms anytime on this page. NexGen reserves the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the Terms regularly. Your continued use of the Services will be deemed acknowledgement and acceptance of these Terms.