Terms of Service

1. Eligibility and Account

You must be at least 18 years old to order service. You must provide accurate information when you sign up and keep it current. You are responsible for keeping your account credentials confidential and for any activity on your account.

If you sign up on behalf of a business or other entity, you confirm you have authority to bind that entity to these Terms. If you do not, you are personally responsible for all charges and obligations.

2. Services Provided

SumoFiber offers residential and business fiber internet service, Hosted PBX voice service, and related products. Available services and pricing vary by location. The specific service you order, including speed, features, and price, will be confirmed when you sign up.

Best Effort Service

Advertised speeds describe the maximum throughput between your location and our network. Actual speeds depend on the device you use, your wiring, Wi-Fi conditions, the websites and services you reach, and other factors outside our control. We provide a best effort level of service and do not guarantee specific speeds, latency, or uptime unless stated in a separate written service level agreement.

3. Billing and Payment

Billing cycle

Service is billed monthly in advance. Your first bill may include prorated charges from the date your service started and any one-time fees. Long distance and other usage-based charges are billed in arrears.

Due dates and late payment

Payment is due by the date shown on your invoice. Accounts not paid by the due date are considered delinquent. We may charge a late fee and interest at the maximum rate permitted by law. If your account remains unpaid, we may suspend or disconnect service until the balance is brought current. Reconnection fees apply.

Disputing charges

If you believe a charge is incorrect, contact us within 60 days of the invoice date. You can call us to discuss it, but to preserve your right to bring an arbitration or small claims case, you must give us written notice within 60 days. You remain responsible for any undisputed portion of the bill during the dispute.

IF YOU DO NOT NOTIFY US IN WRITING WITHIN 60 DAYS, YOU WAIVE ANY RIGHT TO DISPUTE THE CHARGE OR BRING A CLAIM REGARDING IT.

Returned payments

A returned check, declined card, or reversed payment will be treated as non-payment. A processing fee applies. If a second payment fails, we may require cash or guaranteed funds going forward.

Taxes, fees, and surcharges

You are responsible for all applicable taxes, fees, and government surcharges including sales tax, 911 fees, FCC fees, and Universal Service Fund contributions. These appear as separate line items on your bill. If you are tax exempt, provide a valid exemption certificate before service starts. We cannot credit taxes already paid.

Deposits

We may require a deposit for new accounts based on credit and service history. Deposits are held against future charges and refunded as an account credit after a period of good payment history, as required by applicable law.

Credit for service interruptions

In the event of a Service Outage resulting from a fault or failure within our telecommunications network that renders the Service unavailable for a continuous period exceeding twenty-four (24) hours, the Customer may be eligible to request a service credit for the duration of the outage. Requests for service credits must be submitted to Customer Support prior to the applicable invoice due date. Service credits are not applied automatically and will not be granted for outages attributable to Customer-owned equipment, third-party networks or services, commercial power failures, force majeure events, or any circumstances beyond our reasonable control.

4. Equipment

Customer-owned equipment

If you use your own router, modem, or other equipment to connect to our service, you are responsible for its setup, performance, and security. SumoFiber may not be able to support equipment we did not provide.

SumoFiber-owned equipment

Equipment we provide remains the property of SumoFiber. You may not sell, transfer, lease, or modify it. You agree to return it in working condition within 30 days of service cancellation. If equipment is not returned, is returned damaged, or shows signs of misuse (including damage from power surges where no surge protection was used), you authorize us to charge the replacement cost to your account or payment method on file.

Installation and changes

Installation, repair, or removal of equipment may temporarily interrupt your service. We are not responsible for backing up your data or settings. We recommend you back up anything important before any service work.

5. Installation and Service Calls

A standard installation fee applies for new service. Custom installation, additional wiring, or installation in a rental property may require additional work and additional fees and may require written authorization from the property owner.

You must be present, or have an authorized adult present, during the installation appointment. If we arrive and no one is available, a missed appointment fee may apply. Reschedule by contacting us at least 24 hours in advance.

Technician labor issues caused by your equipment or wiring are billed at our then-current hourly rate, with a one hour minimum. We will let you know before charging for a time that is not covered by your service.

6. Changes to Plans, Pricing, and Terms

We may change our plans, pricing, features, and these Terms from time to time. If a change increases your recurring cost, we will give you at least 30 days of written notice by email or mail before the change takes effect.

If you do not agree to a change that increases your cost, you may switch to another plan we offer or cancel service. If you continue using the service after a change takes effect, you accept the change.

7. Termination and Cancellation

Customer cancellation

You may cancel service at any time by contacting customer service. Cancellations are effective on the date we receive the request, unless you request a later date. Monthly recurring charges are not refundable for partial months. You remain responsible for any charges incurred before cancellation, including usage-based charges that post after cancellation.

Early termination

If you signed a fixed-term commercial service agreement and cancel before the end of the term, an early termination fee may apply as described in your service agreement.

Moves

If you move within an area we serve, we will work with you to transfer service. New installation fees may apply. If you move to an area we do not serve, termination fees will apply.

Cancellation by SumoFiber

We may suspend or terminate your service for non-payment, violation of these Terms, violation of our Acceptable Use Policy, fraud, threats or abuse directed at our staff, or if the underlying network or facilities we depend on becomes unavailable. We will give notice when reasonably possible. You remain responsible for any outstanding balance and the return of our equipment.

8. Acceptable Use

Your use of our services is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy describes activities that are prohibited and how we enforce those rules.

9. Internet Service

Service description

Our internet service is delivered over fiber optic lines owned and operated by third party open access network operators. Your service is provisioned over a circuit on that network. Service availability, performance, and certain operational characteristics depend on the underlying network.

Network management

We perform routine network management to keep service running well for all customers. This may include monitoring security threats, prioritizing traffic during periods of congestion, and addressing extraordinary usage patterns. Our complete network management practices are described in our Network Management Disclosure.

Extraordinary use

Our standard plans are intended for typical residential or small business use. If your usage substantially exceeds typical patterns, including sustained heavy data consumption, running servers for commercial purposes, or operating in a way that affects other customers, we may contact you about moving to a different plan or, if necessary, restrict or terminate service. We will reach out before taking action.

Prohibited activities

You may not resell or redistribute internet service outside the location where it is provisioned. You may not use the service to violate law or to harm our network or other users. See the Acceptable Use Policy for the full list.

10. Voice and E911 Service

Hosted PBX service

Our Hosted PBX voice service is an interconnected Voice over Internet Protocol (VoIP) service. It requires a working internet connection and electrical power at your location. If either is interrupted, voice service will not work.

E911 Notice and Acknowledgment

IMPORTANT. READ THIS CAREFULLY.

THE FEDERAL COMMUNICATIONS COMMISSION REQUIRES SUMOFIBER TO PROVIDE ENHANCED 911 (E911) SERVICE TO CUSTOMERS OF ITS INTERCONNECTED VOIP SERVICE. YOU ACKNOWLEDGE THE FOLLOWING:

1. OUR VOICE SERVICE DOES NOT FUNCTION DURING A POWER OUTAGE, INTERNET OUTAGE, OR NETWORK FAILURE. YOU WILL NOT BE ABLE TO DIAL 911 DURING THESE EVENTS.
2. THE LOCATION INFORMATION WE TRANSMIT TO EMERGENCY SERVICES IS BASED ON THE REGISTERED SERVICE ADDRESS YOU PROVIDED. IF YOU MOVE YOUR EQUIPMENT TO A DIFFERENT PHYSICAL LOCATION, YOU MUST UPDATE YOUR REGISTERED ADDRESS BEFORE USING THE SERVICE AT THE NEW LOCATION, OR 911 CALLS MAY BE ROUTED TO THE WRONG DISPATCHER.
3. THERE MAY BE A DELAY BETWEEN THE TIME YOU REGISTER AN ADDRESS AND WHEN EMERGENCY SERVICES CAN ROUTE A CALL BASED ON THAT ADDRESS.
4. INTERNATIONAL CALLS, TOLL FREE CALLS, AND OTHER NON-STANDARD CALL TYPES DO NOT SUPPORT 911.
5. WE ARE NOT LIABLE FOR ANY FAILURE, DELAY, OR INABILITY TO REACH 911 THROUGH OUR SERVICE, EXCEPT AS REQUIRED BY APPLICABLE LAW. YOU AGREE TO INDEMNIFY AND HOLD SUMOFIBER HARMLESS FROM CLAIMS ARISING FROM ANY 911 LIMITATION OR OUTAGE.

A complete E911 Disclosure is provided separately and is part of these Terms by reference.

Kari's Law and RAY BAUM's Act

Multi-line telephone systems we install or configure for business customers allow direct dialing of 911 without a prefix and transmit a notification to a central location at your business when 911 is called. Customers are responsible for keeping registered location information accurate so that emergency services receive an accurate dispatchable location.

Long distance and toll fraud

You are responsible for all charges placed through your voice service, including charges resulting from unauthorized use, hacking, or toll fraud. SumoFiber is not liable for fraudulent calls or charges arising from compromise of your equipment or account. We may take immediate action without notice to block suspected fraudulent calling.

11. Wi-Fi and Home Networking

If we provide a router or Wi-Fi gateway, the standard installation includes a one-time setup to confirm the device is operating. Ongoing support of devices in your home, including additional wireless setup or troubleshooting of customer equipment, is available at our then-current labor rate.

Wi-Fi performance depends on many factors, including the device connecting, distance from the router, construction materials in your home, and interference from other electronics. Speeds quoted in your plan refer to the wired connection to your gateway. Wi-Fi speeds will typically be lower.

12. Privacy and Information

Our handling of your account information and customer data is described in our Privacy Policy. By using the service, you agree with the practices described there. Our Privacy Policy includes specific notices for customers in states with their own privacy laws.

Voice services are subject to additional protections for Customer Proprietary Network Information (CPNI) under federal law. See our CPNI Policy for more details.

13. Third Party Services and Content

SumoFiber is not responsible for content, services, or products you access through our network, including websites you visit, applications you use, or services you purchase from third parties. Your use of any third-party service is governed by that service's terms and privacy practices.

14. Limitation of Liability

To the maximum extent allowed by law, SumoFiber's liability to you for any claim arising out of or related to the service is limited to the lesser of two months of your average recurring service charges or the amount you have paid us in the six months before the claim arose. SumoFiber is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, or loss of opportunity, even if we have been advised of the possibility of such damages.

SumoFiber is not responsible for service outages or performance issues caused by the underlying open access network, third party carriers, equipment manufacturers, your equipment, power loss, software you install, acts of nature, government action, or other events outside our reasonable control.

15. Indemnification

You agree to defend, indemnify, and hold harmless SumoFiber, its owners, employees, agents, and affiliates from any claim, loss, expense, or liability arising from your use of the service, your violation of these Terms, your violation of any law, or your violation of the rights of any third party. This includes reasonable attorney fees.

16. Disputes and Governing Law

Informal resolution first

Before filing any formal legal action, you agree to contact SumoFiber in writing and give us 30 days to resolve the dispute. Send your notice to care@sumofiber.com or 505 West 2600 South, Bountiful, UT 84010.

Arbitration

If we cannot resolve the dispute informally, any claim arising out of or related to these Terms, the service, or your relationship with us will be resolved by binding individual arbitration, except that either party may bring an action in small claims court if it qualifies. Arbitration will be administered by a recognized arbitration provider under its consumer rules. The arbitrator's decision is final and binding.

Class action waiver

You and we agree that any arbitration or court proceeding will be conducted only on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, consolidated, or representative action.

Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws principles. To the extent a court action is permitted, exclusive venue is in the state or federal courts located in Davis County, Utah.

Your right to opt out of arbitration

You may opt out of the arbitration provision by sending us written notice within 30 days of activating service. Send your opt out to the legal address shown above. Opting out does not affect any other part of these Terms.

17. General Provisions

Entire agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, and any service-specific addendum or order form, are the entire agreement between you and SumoFiber.

Assignment

We may assign these Terms in connection with a sale of business or reorganization. You may not assign your rights or obligations without our written consent.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full effect.

Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

Notices

Notices to SumoFiber must be sent in writing to 505 West 2600 South, Bountiful, UT 84010, or to care@sumofiber.com. Notices to you may be sent to the email or physical address on your account and are effective when sent.

Force majeure

Neither party is liable for delays or failures caused by events outside their reasonable control, including acts of nature, fire, flood, severe weather, war, terrorism, labor disputes, government action, or failures of third-party providers.

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