Terms & Conditions

 

TERMS AND CONDITIONS

California Internet, LLC, DBA GeoLinks (“GEOLINKS”, ”us”, “we”, “our”) provides Internet and Voice services (referred to herein as “Service(s)”) as set forth in the Service Quote. These Terms and Conditions along with the Service Level Agreement (for Internet Services), Voice over Internet Protocol (“VoIP”) Services Policy (for VoIP Services), Acceptable Use Policy (“AUP”), Privacy Policy, and the original Service Quote (collectively referred to as the “Agreement”) constitute the entire understanding between Customer (referred to herein as “Customer”, “you”, “yours”) and GEOLINKS with respect to Services provided, superseding all previous communications or agreements regarding such subject matter. GEOLINKS reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time.

SERVICE REGISTRATION. You must provide and maintain accurate, current, and complete “Registration Data” (including name, billing/shipping addresses, 911 service addresses, and payment information) as requested by GEOLINKS. You represent that all information provided is truthful. If GEOLINKS suspects any data is false, incomplete, or fraudulent, we reserve the right to immediately suspend or terminate your Service and all associated accounts without liability.

PRODUCT PRICING AND AVAILABILITY. GEOLINKS does not warrant that product descriptions, pricing, or availability in our marketing materials are error-free. We reserve the right to correct any inaccuracies, pricing errors, or unavailability at any time. This includes the right to cancel affected orders, subscriptions, or accounts. You agree to notify GEOLINKS immediately of any pricing or descriptive inconsistencies you discover and to comply with any resulting corrective action. On a monthly basis, throughout the Term as defined on the Agreement, Customer agrees to pay GEOLINKS for the Services in the manner set forth in the Agreement (“Monthly Recurring Charges”). In the event that GEOLINKS incurs additional outside vendor cost over and above usual and customary charges in order to provide service to Customer, and as attributable to Customer-specific requests or premises requirements, Customer shall be responsible for any and all such charges. Such costs may include, but are not limited to, extended wiring charges, alternative business hour service installation charges or emergency service repair charges, etc.

Customer acknowledges responsibility for all necessary approvals, permission from property manager or owner at Customer’s end-user location, and applicable permits and/or use fees to be attained, if any, for full access prior to installation of equipment and while services are provided. If GEOLINKS arrives for installation but cannot complete installation due to lack of access (necessitating a second trip), Customer agrees to pay a fee of $650 (six hundred fifty dollars) for additional expenses incurred.

Customer acknowledges and agrees that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of GEOLINKS and shall be Customer’s sole remedy for any Service interruptions or other issues with the Services.

In the event that Customer changes its wiring and/or terminating equipment so as to require the redesign of the service, Customer shall pay all costs and expenses incurred by GEOLINKS for the change in service.

RATE CHANGES. Rates will not be increased during the Term, with the exception of tax or fee changes outside the control of GEOLINKS. Otherwise, GEOLINKS may change the prices for the Services, toll charges, fees and taxes, from time to time. In the event of a change in prices or toll charges, GEOLINKS will post such changes to its website currently located at www.geolinks.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.

EQUIPMENT AND OWNERSHIP. GEOLINKS retains exclusive ownership of all equipment we provide; it remains property of GEOLINKS and must not be tampered with or moved. If you purchase equipment through us, it is subject to the manufacturer’s warranty and policies. You are solely responsible for the maintenance and security of any Customer Equipment (hardware not owned by GEOLINKS “Customer Equipment”). GEOLINKS is not liable for third-party breaches of your network or circuits; maintaining network security is your responsibility.

EQUIPMENT CARE & LOSS. You may only use GEOLINKS-provided equipment with our Services and must not modify it without our written consent. You are responsible for protecting the equipment from power surges and damage beyond normal wear and tear.

If equipment is lost, stolen, or broken, you must notify GEOLINKS immediately and cooperate to prevent unauthorized use. You are responsible for all replacement costs at current retail rates, plus shipping and taxes. If you fail to report lost or stolen equipment promptly, you will remain liable for all Service Fees accrued until we are notified, and GEOLINKS may terminate your Service for breach. GEOLINKS does not support or allow the use of third-party equipment unless pre-approved in writing.

EQUIPMENT RETURN POLICY. Any and all equipment provided by GEOLINKS to Customer that is used to maintain such Services must be returned to GEOLINKS undamaged, upon the expiration or Termination of the Agreement, to: California Internet, LLC, 251 Camarillo Ranch Road, Camarillo, CA 93012. If Customer fails to return such equipment in similar condition as initially provided to Customer, taking into account reasonable wear and tear, Customer may be responsible for replacement cost of the Equipment.

Customer is responsible for all shipping charges for any hardware returned to GEOLINKS for any reason, including situations in which hardware is covered under warranty.

TERM. This Agreement commences on the Activation Date and continues for the initial period set forth in the Service Quote (“Initial Term”). Following the Initial Term, this Agreement shall automatically renew for successive one-month periods (each a “Renewal Term”) unless either party provides written notice of termination at least thirty (30) days prior to the end of the then-current Term.

SURVIVAL. Termination or expiration of this Agreement shall not affect the rights or obligations of the parties which arose prior to Termination or which by their nature survive Termination, including but not limited to payment obligations, indemnity, liability limits, and confidentiality.

TERMINATION NOTICE. To terminate Services, you must provide written notice at least thirty (30) days before the end of the current Term (“Termination Notice“). Termination Notice must be sent via email to [email protected] or by certified mail to Attn: Customer Care, 251 Camarillo Ranch Road, Camarillo, CA 93012. To be valid, Termination Notice must be sent by an authorized contact listed on your account.

EARLY TERMINATION FEES (“ETF”). If you terminate this Agreement or any specific Service before the end of the then-current Term, you must pay an ETF equal to 100% of the Monthly Service Fee multiplied by the number of months remaining in the Term. This amount, along with any unpaid fees and the return of all GEOLINKS equipment, is due in one lump sum within ten (10) days of the termination date.

SERVICE CHANGES: GEOLINKS may modify, suspend, or discontinue any aspect of the Services upon thirty (30) days’ written notice. If such a change materially reduces your Services, you may terminate the affected Services without penalty by providing written notice before the change takes effect.

DEFAULT AND TERMINATION. GEOLINKS may suspend or terminate your Services if you are in “Default.” Default occurs for, including but not limited to, the following:

• Non-Payment: Fail to pay any undisputed invoice within ten (10) days of the due date;
• Payment Method: Fail to maintain a valid automatic payment method on file;
• Non-Monetary Breach: Fail to cure any other breach of this Agreement within thirty (30) days of written notice; or

IMMEDIATE TERMINATION. Notwithstanding the above, GEOLINKS may suspend or terminate Services immediately and without notice if we determine, in our sole discretion, that you have:

• Committed fraud or used the Services for unlawful purposes;
• Violated the Acceptable Use Policy (AUP); or
• Misused the Services in a way that adversely affects GEOLINKS’ network or other customers.

EFFECT OF TERMINATION. If GEOLINKS terminates for Default or Material Breach, you must pay: (i) all fees for Services rendered through the termination date; (ii) the Early Termination Fee (100% of the remaining Term); and (iii) any applicable reconnection or activation fees to resume Service.

PAYMENT AND BILLING.

Fees & Invoicing: You agree to pay all Service fees, taxes, and surcharges. All recurring charges are billed in full, in advance, on the first day of your billing period. All payments are non-refundable, and we do not provide prorated credits for unused portions of a billing cycle or promotional credits.

Automatic Payment: You must maintain a valid automatic payment method (credit card or ACH) on file. You authorize GEOLINKS to charge this method for all recurring and one-time fees (including termination fees). If your payment method changes or expires, you must update it immediately. Failure to provide a valid payment method within ten (10) days of a rejection constitutes a Default.

LATE PAYMENTS AND COLLECTIONS.

Suspension: Any invoice unpaid thirty (30) days after the due date will result in immediate service suspension. To reactivate, you must pay the full balance plus a $35 (thirty-five dollar) reconnection fee.

Penalties: Late payments are subject to:

• Interest of 1.5% per month (or the maximum legal rate);
• A $250.00 (two hundred fifty dollar) Collections Fee for any account requiring collection efforts;
• A $30.00 (thirty dollar) fee for any returned checks or failed ACH; and
• Reimbursement of GEOLINKS’ legal and attorney fees incurred during collection.

BILLING DISPUTES.

Notice Period: You must dispute any charge in writing within thirty (30) days of the invoice date. Failure to do so constitutes an irrevocable waiver of your right to dispute that charge. Disputes must be sent to [email protected] with a detailed explanation.

Service Issues: You waive the right to dispute charges based on service interruptions unless you notified GEOLINKS of the issue within ten (10) days of discovery and allow GEOLINKS fourteen (14) days to remediate the problem.

TAXES AND ACCOUNT OWNERSHIP.

Taxes: You are responsible for all government-imposed taxes, fees, and surcharges. If you have a past-due balance on any old or secondary account, GEOLINKS may charge that full balance to your current payment method.

Ownership: The Account Owner is the legal entity or individual who signed the Service Quote. If no entity is specified, the owner of the credit card on file is the Account Owner. GEOLINKS will not mediate internal ownership disputes; if ownership is unclear, GEOLINKS may suspend the Account until resolved legally.

FRAUDULENT ACTIVITY OR ERRONEOUS CHARGES. In the event of suspected fraudulent activity or erroneous charges on Customer Account, Customer agrees to contact GEOLINKS as soon as possible by contacting [email protected]. Customer is solely liable for any transactions or activities by Customer or anyone else that occur on Customer Account, and in no event shall GEOLINKS be liable for any unauthorized use of Customer Account.

PROMOTIONS AND CONFIDENTIALITY. You agree that GEOLINKS may send marketing and promotional materials to you and your account users; you may opt out at any time. GEOLINKS may change or cancel promotional offerings without notice and is not required to offer “new customer” deals to existing accounts. Any special pricing or discount offered to you is confidential and may not be shared with third parties without our prior written approval.

INTELLECTUAL PROPERTY. GEOLINKS retains all right, title, and interest in its trademarks (including “GeoLinks”, the GEOLINKS logo), patents, copyrights, and trade secrets (“IP Rights“). This Agreement grants you only a limited right to use the Services; it does not transfer any ownership of GEOLINKS’ IP Rights to you. You may not interfere with or jeopardize our IP Rights.

Mutual Marketing License: You may display the GEOLINKS logo on your website and marketing materials to identify GEOLINKS as your service provider. Conversely, if you purchase Business Services, you grant GEOLINKS the right to identify you as a customer and display your logo in GEOLINKS’ marketing materials and website.

Usage Standards: GEOLINKS will follow any brand specifications you provide. You may revoke GEOLINKS’ right to use your logo at any time by providing thirty (30) days’ written notice to [email protected].

RESTRICTIONS ON USE.

No Resale or Redistribution: You may not sell, rent, lease, distribute, or act as an intermediary for GEOLINKS Services without our prior written consent. Services are intended for use at a single location; sharing circuits across multiple locations is strictly prohibited and may result in immediate termination. For resale opportunities, contact [email protected].

Backup Circuits: Backup circuits are for use only during primary circuit failure. GEOLINKS reserves the right to bill backup circuits at full standard rates if usage exceeds 30 GB per quarter or if GEOLINKS determines the circuit is being used for primary traffic.

Prohibited Technical Acts: You may not modify, reverse-engineer, decompile, or hack any GEOLINKS Applications, Services, or Equipment. You are strictly prohibited from intercepting, capturing, or redirecting GEOLINKS communication protocols or attempting to connect GEOLINKS Applications to unauthorized servers.

INDEMNIFICATION. To the maximum extent permitted by law, Customer shall defend, indemnify, and hold harmless GEOLINKS, its affiliates, resellers, and third-party providers, and their respective officers, directors, and employees (“Indemnified Parties”) from any and all claims, liabilities, losses (including lost profits), damages, fines, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Usage: Any use of the Services or Applications by Customer or any third-party authorized by Customer;
2. Breach: Any breach of this Agreement or violation of law by Customer;
3. Negligence: Any negligent act, omission, or willful misconduct by Customer;
4. Service Failures: Any inability to use the Services, including outages related to 911 or emergency response;
5. Third-Party Equipment: The installation or removal of equipment by any party other than GEOLINKS; and
6. Infringement: Any claim that Customer’s use of the Service infringes on the intellectual property or privacy rights of a third-party.

SCOPE OF PROTECTION. This indemnity applies regardless of the causes of such claims or damages, including the active or passive negligence of the Indemnified Parties, except to the extent caused by the sole gross negligence or willful misconduct of GEOLINKS.

Third-Party Provider Disclaimer

NO PRIVITY. CUSTOMER ACKNOWLEDGES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WITH ANY UNDERLYING SERVICE PROVIDER OR CARRIER USED BY GEOLINKS. CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN GEOLINKS AND SUCH PROVIDERS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS AGAINST SUCH UNDERLYING PROVIDERS ARISING FROM THE SERVICES.

LIMITATION OF LIABILITY. To the maximum extent permitted by law, GEOLINKS shall not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages (including loss of profits, data, or goodwill), regardless of the theory of liability (contract, tort, negligence, or otherwise), even if GEOLINKS was advised of the possibility of such damages.

Liability Cap: GEOLINK’S total cumulative liability for all claims arising out of or related to this Agreement shall be limited to the total monthly service fees paid by Customer during the one (1) month immediately preceding the event giving rise to the claim. This limitation is a fundamental element of the bargain and reflects the agreed-upon allocation of risk between the parties.

NOTICES. Notices to Customer shall be effective on the date sent to Customer’s registered electronic mail address when sent by email or, at GEOLINKS’ option, three (3) days following the date deposited in regular United States Mail, postage prepaid and addressed to Customer current address on Customer Account. Customer is responsible for notifying GEOLINKS of any changes in Customer contact information or address through Customer Account settings page or by contacting customer service at [email protected].

Written notice to GEOLINKS shall be effective when directed to GEOLINKS’ Legal Department and received at GEOLINKS’ then-current address as posted on GEOLINKS’ Website, Customer notice must specify Customer name, Account information, and security verification question and answer. All notices from Customer to GEOLINKS must be made in writing.

SERVICE NOTICES. Notice of a Change of Service will be considered received by Customer and such changes will become binding on Customer, on the date the changes are posted to www.GEOLINKS.com/terms-and-conditions/ or other websites owned and managed by GEOLINKS (“Change Date”), and no additional notice will be required; provided, however, that any Change of Service that would reasonably be expected to be materially adverse to Customer shall not be binding on Customer unless GEOLINKS has notified Customer of such change. If Customer does not send GEOLINKS notification of their desire to terminate the Agreement within thirty (30) days after the Change Date, or continues to use the Services after such time, Customer is deemed to have accepted and consented to the Change of Service.

AMENDMENTS. GEOLINKS reserves the right to update this Agreement and our Terms and Conditions at any time. Notice of changes will be provided via email, electronic notice on GEOLINKS’ website or Customer Account Page. The most current version of the Agreement on our website supersedes all prior versions. Your continued use of the Services after notice constitutes acceptance of the modified terms. It is your sole responsibility to review your registered email and the Customer Account Page regularly for updates.

WARRANTY DISCLAIMER

AS IS” SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GEOLINKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• ANY WARRANTY OF NON-INFRINGEMENT OR TITLE; AND
• ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

NO PERFORMANCE GUARANTEE. GEOLINKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR COMPATIBLE WITH YOUR SPECIFIC REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR DATA, MESSAGES, OR INFORMATION LOST OR MISDIRECTED DUE TO NETWORK FLUCTUATIONS OR THE GENERAL INSTABILITY OF THE INTERNET.

RELIANCE & RISK. ANY CONTENT OR DATA DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GEOLINKS EMPLOYEES OR RESELLERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

SEVERABILITY

IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, SUCH PROVISION SHALL BE ELIMINATED OR LIMITED TO THE MINIMUM EXTENT SUCH THAT THE REMAINING PROVISIONS OF THE TERMS AND CONDITIONS WILL CONTINUE IN FULL FORCE AND EFFECT.

VOIP & HIGH-RISK DISCLOSURE 

VOIP & CRITICAL USAGE. GEOLINKS MAKES NO WARRANTY REGARDING THE QUALITY, LATENCY, OR RELIABILITY OF VOICE OR FAX COMMUNICATIONS. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN HIGH-RISK ACTIVITIES WHERE SERVICE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY DAMAGE. GEOLINKS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE USE OF SERVICES IN CONNECTION WITH EMERGENCY RESPONSE OR MEDICAL LIFE-SUPPORT.

FORCE MAJEURE (Events Beyond Our Control). GEOLINKS is not responsible for service failures or damages caused by events outside our reasonable control. This includes natural disasters, war, terrorism, government action, labor disputes, and third-party technical failures (such as cable cuts, upstream provider outages, or power failures). We are also not liable for outages caused by radio frequency interference, unauthorized access to your network, or tampering with our equipment by you or third parties. Our obligation to perform is suspended while such events continue.

NO ASSIGNMENT. This Agreement is personal to Customer (or the company which Customer represents) and may not be assigned without GEOLINKS’ express written consent. If Customer is agreeing on behalf of a company, Customer represents that Customer is authorized to bind the company under this Agreement.

DISPUTE RESOLUTION AND ARBITRATION.

Mandatory Arbitration: Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in Ventura County, California, before a single arbitrator. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Waiver of Jury Trial: EACH PARTY EXPRESSLY WAIVES THE RIGHT TO A COURT TRIAL OR A TRIAL BY JURY. The arbitrator’s decision shall be final, binding, and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one individual’s claims.

Fees and Costs: The prevailing party in any arbitration or legal proceeding to enforce this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

EXCEPTIONS AND COSTS. Notwithstanding the mandatory arbitration requirement:

Debt Collection: If you fail to pay amounts due, GeoLinks may assign your account to a collection agency or attorney. These parties may pursue claims in a court of competent jurisdiction limited strictly to the collection of past-due debt, interest, and collection costs.

Injunctive Relief: Either party may seek interim or preliminary relief (such as a temporary restraining order or injunction) from a court to protect its rights or property pending the completion of arbitration.

Fees and Costs: Each party is responsible for its own arbitration costs, including attorney and expert witness fees. However, if an award is appealed, the prevailing party in that appeal is entitled to recover its reasonable attorneys’ fees.

STATUTE OF LIMITATIONS. To the extent permitted by law, you must bring any claim or legal action arising out of this Agreement within one (1) year after the event giving rise to the dispute occurred. Failure to assert a claim within this one-year period constitutes an irrevocable waiver of your right to seek a remedy, except for billing disputes which are governed by the 30-day notice period in the Payment and Billing section.

GOVERNING LAW. This Agreement and your use of the Services are governed by the laws of the State of California and the United States, without regard to conflict of law principles.

NO WAIVER. If either party fails to enforce any right or provision of this Agreement at any time, it does not waive that party’s right to enforce the same or any other provision in the future.