Hammer Fiber Service Level Agreement
This Service Level Agreement (hereafter “the Agreement”) is posted and maintained on our website at Hammer Fiber Optic Investments (hereafter “Hammer Fiber”) reserves the right to modify this Agreement from time to time without notice to you by posting updated versions at the aforementioned website. You, your agents, servants, employees, invitees and others who use your Service (hereafter collectively known as "users", "you", or “customer”) should periodically review the Agreement to conform to the most recent version. Any modification to the agreement is considered to be in effect immediately upon posting. By subscribing to any Hammer Fiber service, (the "Service") you agree not to use the Service for any unlawful purpose and to comply with all terms and conditions set forth in this document.
General Terms and Conditions
By signing up for, using, or activating any Service provided by Hammer Fiber, you hereby agree that you are at least 18 years of age, and are able and willing to be bound by the terms and conditions set forth within this document. You further agree that you have read and understand the terms and conditions listed within as well as all applicable documents related to the provisioning of your service as posted at including, but not limited to, usage policies and privacy policies.
If you do not agree to any of the provisions of this agreement or the corresponding policies, cancel your service immediately. Continuation of use constitutes your agreement to be bound by all terms and conditions, including modifications or amendments as posted at
Pricing
Hammer Fiber reserves its rights, under this agreement, to change or modify the prices charged for, or fees associated with any Service it provides, at its sole discretion. Changes to your fees and or charges will be conveyed to you at least thirty (30) days prior to the implementation via your preferred billing method.
You agree to pay for any and all charges, fees, or services associated with the installation, implementation, delivery and maintenance of your service, including, but not limited to: equipment rental fees, monthly service charges, taxes, federal, state and municipal franchising or regulatory fees, pay per call fees and long distance overages.
Billing & Payment
You will be billed monthly in advance on a 30 Day billing cycle. If you begin your service within a 30 day cycle you will receive a pro-rated charge for your service from the date you first began service, on your next statement. Depending on your in-service date these charges may be due along with a full months charges. You may monitor your usage and account statements by logging in to your password protected, secure account at hammerfiber.com. Hammer Fiber strongly encourages use of its paperless billing system, and may, at its sole discretion, add a fee to any account that wishes to receive paper statements. Hammer Fiber will only mail summary statements. Full detail statements, including call logs, will only be available by logging into your account at hammerfiber.com.
Recurring Charges
Certain services available to Hammer Fiber Customers are billed on a monthly basis. These may include, but are not limited to items such as: monthly service fees or equipment rental fees. Additionally, certain taxes and regulatory fees are billed monthly as well. These charges will appear on each monthly statement and the full amount of these charges will be due in accordance with the due date listed on that invoice.
One time Charges
Certain services available to Hammer Fiber Customers are billed on a per use basis. These may include, but are not limited to items such as: international calls outside predesignated packages or plans, pay-per-view videos or events, or installation fees. These charges are not recurring and will appear on the next monthly statement after the service is provided. The full amount of these charges will be due in accordance with the due date listed on that invoice.
Third Party Fees
You understand and agree that any third party charges such as, but not limited to, 900 or 976 phone calls, collect calls, and purchasing or subscribing to outside offers through the internet service are solely your responsibility, including any taxes or fees. Whether these services appear on your Hammer Fiber bill or not.
At is sole discretion, Hammer Fiber, may from time to time offer discounted, reduced, or promotional pricing for any or all of its services including, but not limited to, installation fees, equipment charges, or monthly service fees. If service is provided under a promotion, regular charges will apply after the promotion period has ended.
Hammer Fiber accepts all Major Credit cards, including American Express, Discover, Visa, and MasterCard. Use of a credit card to make your payments is governed by the issuing banks card holder agreement. Hammer Fiber also accepts checks, all check payments are processed electronically. Payments may be made online by logging onto your account at hammerfiber.com. Payments made by mail, must be in the form of Check or money order. Hammer Fiber does not accept cash at this time. If for any reason payment is denied by your financial institution, Hammer Fiber reserves the right to demand payment in full via alternative methods. Fees associated with returned checks will be charged directly to you.
All bills must be paid in full by the due date listed on your statement. A late fee will be applied to any account that is not paid in full and is more than 5 days passed its due date. In accordance with this agreement and based on our reasonable estimates to determine the damages which result from late payments, Hammer Fiber will publish on hammerfinber.com its current late fee. Hammer Fiber Reserves the right to adjust this fee at any time, without prior notification, by updating the website. Hammer Fiber does NOT extend credit to customers, and as such any fees, charges or penalties associated with the service are not consideredfinance charges or interest.
Hammer Fiber further reserves the right to suspend, interrupt or cancel part or all of your service is payment is not received. Accounts passed due, or with balances remaining, more than fifteen (15) days passed the required due date, may, at Hammer Fiber’s sole discretion, have their service interrupted, in whole or in part. Accounts passed due, or with balances remaining, more than thirty (30) days passed the required due date, may, at Hammer Fiber’s sole discretion, have their service disconnected.
If at any time you resume service after suspension or disconnection, Hammer Fiber, at its sole discretion, may require a new activation fee. This fee would be in addition to any fees or penalties already charged to the account.
If at any time Hammer Fiber is required to use a collection agency or attorney to collect monies owed to them by you, any and all fees associated with that collection will be your responsibility.
Hammer Fiber may also choose, at its sole discretion, to accept a partial payment. Acceptance of a partial payment does not waive the right of Hammer Fiber to collect to the full amount due or suspend and/or disconnect service, and any partial payments will simply be applied to the total amount due.
General Equipment
Hammer Fiber Equipment including, but not limited to, modems, set top boxes, receivers, and routers,that have been installed at your premises, remain the property of Hammer Fiber, if at any time service is canceled or disconnected, it remains your responsibility to return the equipment in good working order to Hammer Fiber. Any unreturned equipment will be charged to your account, and you will be responsible for the costs associated with this equipment. Equipment that is returned damaged or broken will be charged to your account. You agree that the equipment will remain at the premises and cannot be deemed a fixture of the premises. You may not sell, lease, abandon, give away, repair or have repaired any equipment supplied through Hammer Fiber, unless expressly permitted in writing by Hammer Fiber.
In certain circumstances customers’ may utilize their own devices to access the services, in this case Hammer Fiber has no responsibility as to the functionality, support, repair or operations of that equipment. Furthermore, by utilizing the service, you authorize Hammer Fiber, its representatives, and/or contractors to access the device as necessary to connect, update, or monitor the Service.
Services
All of Hammer Fibers services are delivered to you via internet Protocol. Certain Equipment is required in order to receive service. Depending on the services which you select and the terms of your agreement, this Equipment will either be provided to you or rented to you on a monthly basis. Equipment package pricing and terms are listed with each package on hammerfiber.com.
Receiving Dishes, Modems, Set-top boxes, routers or any other equipment (Henceforth “Equipment”) which Hammer Provides to you, remain the property of Hammer Fiber. If your service is terminated, for any reason, at any time, this equipment must be returned.
Hammer will install at your premises the Equipment as necessary to utilize the service. At this time Hammer fiber does not permit the use of outside or third party equipment. This allows us to ensure our customer receives the highest level of quality and service.
In order to utilize your services you will need to supply certain equipment, which is detailed below by service. Additionally, you will need to make available powered electrical outlets to run the equipment. Hammer Fiber’s equipment does NOT contain an internal power source, and as such must be connected to an active independent power supply, for example a wall socket. If power is not available, Hammer Fiber’s equipment will not work. Hammer Fiber will not be held responsible for disruptions in its service as a result of power outage. Additionally, for most applications Hammer Fiber utilizes existing telephone and cable wiring in your home, and assumes access will be available to this existing infrastructure. In cases where access to this infrastructure is not available or the infrastructure does not exist or is unusable, for any reason, service may be denied or additional charges may be incurred for the execution of new infrastructure.
Hammer Fiber’s equipment does NOT contain an internal power source, and as such must be connected to an active independent power supply, for example a wall socket. If power is not available, Hammer Fiber’s equipment will not work. Hammer Fiber Will not be held responsible for disruptions in its service as a result of power outage.
Access to Premises
You authorize Hammer Fiber and/or its agents, representatives, or contractors to enter your premises in order to install, maintain, repair, inspect, relocate, and/or remove the equipment and/or service at prearranged access times which are agreeable to all parties.
Phone Service
Phone service is provided via Voice over Internet Protocol (or “VoIP”). This service is typically included with other services whether you wish to use it or not. Hammer Fiber’s provides Domestic calling to all customers who choose to utilize the service. International call may incur additional fees. Packages and pricing for international calls are posted at hammerfiber.com.
Hammer Fiber Includes with this, access to features, such as Caller ID, Call Forwarding, Voicemail, among others. Hammer Fiber does not at this time, supply or endorse any phone, headset or handset. You must supply your own phone. Not all phones on the market will be able to utilize the full range of features available to you through this service.
Hammer Fiber will also port, or transfer your existing phone number to our service, if you so choose. In doing so you authorize Hammer Fiber as your local, long distance, and international call carrier. Until you receive notification from Hammer Fiber that this transfer has been successful, you should continue to utilize your current provider for phone service. This service may not be available in all areas, and Hammer Fiber makes no guarantee that you will be able to use this feature.
In cases where new phone service is being implemented or you choose not to have your number ported, Hammer Fiber will assign you a new phone number based on your service address. This number is assigned and may not be requested or changed, save for where required by law.
Hammer Fiber makes no guarantee that this service will be compatible with all TDD and/or TYY devices.
E911 – Hammer Fiber utilizes E911 Emergency calls. It is your responsibility to provide the correct service address to Hammer Fiber. This will ensure that an emergency call from your premises is transferred to the correct emergency authorities and that the authorities are given the correct address for response. You may not remove your equipment from the serviced premises. E911 will not function in the event of a power failure, or disruption in service. The use of certain features associated with the service, such as call forwarding or Do Not Disturb, may interfere with the functionality of the 911 call, specifically as it relates to a 911 operators ability to call a number back in the event of a disrupted or dropped call.
Internet Service
Internet service is the backbone of the Hammer Fiber Service package, as such we require our customers to use our Equipment. Equipment will typically be provided for long term agreements or rented to you as a small fee on your monthly bill for month to month or short term agreements.
In certain instances Hammer Fiber may choose, at its sole discretion, to include, or offer for purchase, third party software to its customers. In the event that software is included or purchased you agree to be bound by the Terms and Conditions, as well as any licensing Agreements that may be associated with that software and its use. Questions regarding third party software should be directed to the third party directly. Any Software provided or licensed to you is considered to be for your sole use and may not be copied, modified, or duplicated in anyway. Any software licenses extended to you through Hammer Fiber, its affiliates or associates shall terminate upon the termination of this agreement or the cancellation of your service and you agree to destroy all versions and/or copies of the software. Additionally, you agree to be bound by any terms of service or licensing agreements for software installed, or downloaded onto equipment provided by Hammer Fiber.
The Use of Hammer Fiber’s Internet service is governed in part by its Internet Usage Policy. This Policy is posted and maintained on hammerfiber.com. You agree to be bound by terms and conditions as put forth in the Internet Usage Policy.
The Internet service is provided to you for use on your premises. You acknowledge that you are implementing this agreement on behalf of all users in your premises, and that any violations of this agreement, the internet usage policy or law shall be your sole responsibility. You further acknowledge that provisioning the service outside the service address as on file with Hammer Fiber is considered theft of service, and shall be prosecuted in accordance with Federal law. You understand that violations that result in commercial advantage or private financial gain may incur increased penalties.
You understand that you have a requirement to take preventative measures in the safety and security of the service, equipment and any and all devices you connect to the service, including but not limited to the implementation of antivirus software and/or strict confidentiality of passwords. You understand that use of File Transfer Protocol, Hyper Text Transfer Protocol, file or print sharing, certain software, and applications, put your devices and the network at risk, and that you are solely responsible for any liabilities, damages, losses, or claims that result from your use of such services and/or your failure to implement the appropriate preventive measures.
You understand that this service provisions you access to third parties, that may or may not have an affiliation with Hammer Fiber and that these parties may be governed by their own terms and conditions. Should you choose to engage a third party through the service, and provide them with information, you understand that the information you provide may no longer be governed by the provisions of any Hammer Fiber agreement, including its privacy Policy. Hammer Fiber makes no representation, warranty or guarantee concerning the capability or reliability of any encryption used, either by Hammer Fiber or any of its vendors, suppliers, affiliates or partners. You are solely responsible for any and all data or information you share.
You acknowledge and authorize Hammer Fiber’s right to monitor your utilization of its Service, as well as its right to deny, suspend or disconnect its service should it deem, at its sole discretion, that your use is either excessive or illegal.