Service Agreement

Current as of 11-2023

This Service Agreement (“Agreement”) describes certain terms and conditions under which Cooperative Connection, LLC (dba “SPROUT FIBER INTERNET”) will provide fiber optic broadband services (the “Service”) to subscribers. By accepting service from Cooperative Connection, LLC d/b/a SPROUT FIBER INTERNET, you agree to these terms and conditions, and understand they are legally binding.

1. TERMS OF SERVICE AND COMPLIANCE. Subscriber agrees to comply with all terms contained within this Agreement and to comply with SPROUT FIBER INTERNET’s policies, rules, and price schedules related to the Service. This Agreement, along with SPROUT FIBER INTERNET’s policies, rules, and price schedules, are collectively referred to herein as the “Terms of Service.” The Terms of Service are binding to the Subscriber. The Subscriber acknowledges and agrees that the Terms of Service may change from time to time following posting of such changes and as amended will remain binding. The Subscriber’s use of the Service shall be deemed acknowledgment that the Subscriber has read and agreed to all the Terms of Service including all amendments.

2. OWNERSHIP OF THE SERVICE LOCATION. The Subscriber represents that they lawfully own the real property at which the Subscriber is to receive the Service (the “Service Location) or that the Subscriber has the written permission of such owner(s) to enter this Agreement.

3. BILLING AND PAYMENT. The Subscriber agrees to pay all current and future rates, fees, deposits, and other charges related to the Service, including installation fees (if applicable) covering non-standard installation for data connections, phone lines (if applicable), and Wi-Fi extenders (if applicable). Any taxes, fees or other assessments imposed by cities, towns, counties or other governmental entities shall be passed along to those Subscribers receiving services within those jurisdictions.

a) PAYMENT SCHEDULE. The Subscriber agrees that failure to pay all rates, fees, and charges may result in termination of the Service and SPROUT FIBER INTERNET’s immediate collection of all amounts owed. One month’s service charges and installation fee (if applicable) are due upon scheduling of the installation. The first billing statement will include the upcoming month’s service plus the prorated amount for the bill for the month of installation. The initial payment shall be applied to the prorated portion of the month in which the Subscriber received service and the first full month of service. The billing period covers the first day through the last day of the month. The bill will be generated on the first business day of each month and will have a due date of the 15th of the same month. Payment is required even in the event the electronic or mailed statement is not received by the Subscriber. A late fee of 5% of the total due will be assessed if the account is not paid in full by the 20th of the same month. Accounts not paid in full on the 15th of the following month will be disconnected on the next business day. If the account is disconnected for non-payment, the account must be made current before services may be reconnected. Accounts not made current by the 20th of the month will be inactivated and charged for all unreturned equipment. Inactivate accounts with a balance due are subject to collection.

b) COLLECTIONS. SPROUT FIBER INTERNET uses a third-party agent to collect unpaid balances from subscribers. Subscriber gives express written consent, by agreement of the Terms of Service, to be contacted by direct mail, email, text message, or telephone call, including wireless telephone numbers, associated with the account holder. Contact methods may include prerecorded or artificial voice messages and/or the use of an automatic dialing device, as applicable. Collection fees, if any, will be applied to the account subject to collection. CULLMAN ELECTRIC COOPERATIVE and SPROUT FIBER INTERNET reserve the right to use any and all information, including information collected by CEC, regarding the Subscriber’s accounts in the collection process.

d) MAILED STATEMENT: Subscribers who opt to receive their bill by postal mail will be accessed a $2 fee each month a statement is mailed. Subscribers may change their billing method at any time.

e) RETURNED CHECK/FAILURE OF PAYMENT: A $30 fee and penalties (if applicable) will be applied to accounts when a payment made by check is returned for insufficient funds, closed/invalid accounts, or any other reason. Subscribers must redeem the check, in person, and pay by cash, credit card, cashier’s check, or money order. If payment is not received before the due date, the Service will be subject to disconnection without further notice. If another form of payment (credit/debit card, direct draft, etc.) is unable to be processed, the Subscriber will be required to use an alternate form of payment by the 20th day of the month that the payment is due. SPROUT FIBER INTERNET reserves the right to require alternate means of payment for accounts that have had a failure of payment more than once.

f) ACCOUNT BALANCE: Accounts with a positive balance are eligible for a refund 10 days after inactivation. Refunds are issued weekly and processed by the Subscriber’s last payment method. Refund checks over $10 will be mailed to the Subscriber’s mailing address on record. Cash refunds under $10 may be collected at the Cullman Electric Cooperative office by the Subscriber.

4. a) TERM OF AGREEMENT AND TERMINATION BY RESIDENTIAL SUBSCRIBER. The determination of whether a subscriber is a residential subscriber or a commercial subscriber shall be solely within the discretion of SPROUT FIBER INTERNET. Said determination may be made based upon the location of the Service, the nature and character of the Service requirements or the volume of internet activity requested or used. SPROUT FIBER INTERNET monitors accounts and reserves the right to change the type of account of individual Subscribers based upon the load characteristics of the account. Residential subscriber agreements for no fixed term, and Subscriber can cancel the Service at any time. The Router/Gateway, wireless extender(s), if any, and Optical Network Terminal (“ONT”) on the Subscriber’s premises remain the property of SPROUT FIBER INTERNET and the Cullman Electric Cooperative (“CEC”), respectively and must be returned to SPROUT FIBER INTERNET upon cancellation or discontinuation of the Service in accordance with paragraph 10 hereof. It is the Subscriber’s responsibility to return the equipment to CEC. A technician will not be sent to retrieve equipment when a Subscriber terminates the Service. Should the Subscriber fail to return all requested equipment in good working condition to CEC, then the value of the equipment, which was added to the Subscriber’s account at the time the account was inactivated, will also be subject to collection. It is the Subscriber’s responsibility to provide a forwarding address for final billing purposes.

b) TERM OF AGREEMENT AND TERMINATION BY COMMERCIAL SUBSCRIBER. The determination of whether a subscriber is a residential subscriber or a commercial subscriber shall be solely within the discretion of SPROUT FIBER INTERNET. Said determination may be made based upon the location of the Service, the nature and character of the Service requirements or the volume of internet activity requested or used. SPROUT FIBER INTERNET will monitor accounts and reserves the right to require accounts to move to the appropriate level of service. Commercial subscriber agreements are for a 36-month term as outlined in the contract for service except for Business Lite accounts which may have agreements with a twelve month term. Sprout Fiber Internet may require some owners of business entities to execute guaranty agreements guaranteeing the payment of those accounts. Unless otherwise stated in the contract for service, the Router/Gateway, wireless extender(s), if any, Optical Network Terminal (“ONT”), and any other provided and installed equipment on the Subscriber’s premises remain the property of SPROUT FIBER INTERNET and the Cullman Electric Cooperative (“CEC”), respectively and must be returned to SPROUT FIBER INTERNET upon cancellation or discontinuation of the Service in accordance with paragraph 10 hereof. It is the Subscriber’s responsibility to return the equipment to CEC. A technician will not be sent to retrieve equipment when a Subscriber terminates the Service Should the Subscriber fail to return all requested equipment in good working condition to CEC, then the value of the equipment, which was added to the Subscriber’s account at the time the account was inactivated, will also be subject to collection. Accounts that are disconnected for non-payment are considered in breach of the contract, a choice to terminate service, and the subscriber’s account will be charged for the remaining months of service per the contract. It is the Subscriber’s responsibility to provide a forwarding address for final billing purposes.

5. TERMINATION BY COOPERATIVE CONNECTION, LLC/SPROUT FIBER INTERNET. Notwithstanding anything else in this Agreement, SPROUT FIBER INTERNET may terminate or decline to provide the Service to Subscriber at any time for non-payment or for any other breach of the Terms of Service within the discretion of SPROUT FIBER INTERNET or for any other reason. Should the Service be terminated by SPROUT FIBER INTERNET, the Subscriber shall be responsible for returning equipment as provided in paragraphs 4(a) and 4(b) above and paying any outstanding balance on the account as provided in paragraphs 3(a) and 3(b).

6. COMPLIANCE WITH APPLICABLE LAWS. Subscriber agrees not to use the Service in a way prohibited by the Terms of Service or by local, state, or federal law, including but not limited to trademark, copyright, or other intellectual property laws.

7. GRANT OF EASEMENT. As a condition of receiving the Service, and without financial compensation, Subscriber grants to SPROUT FIBER INTERNET and CEC (or, at SPROUT FIBER INTERNET’s direction, to a third party) a perpetual commercial communications easement on and through the Service Location to provide data and voice services on transport fiber, distribution fiber, and service extension fiber, if applicable, for service to both the Subscriber and to other subscribers, and to perform necessary maintenance, service upgrades, and periodic right-of-way maintenance. If the electric utility facilities cross the Service Location, these easements will generally, but are not required to, follow those facilities.

8. INSTALLATION PROCESS. SPROUT FIBER INTERNET will use best practices when installing a fiber service drop to the Subscriber’s premises. It shall be the Subscriber’s responsibility to notify SPROUT FIBER INTERNET if a desired route is requested. No one is required to be present for the service drop installation, so prior notification of this step will not be provided unless an issue is encountered. It is also the responsibility of the Subscriber to notify SPROUT FIBER INTERNET if underground equipment (i.e., sprinklers, underground pet fences, etc.) are installed on the Subscriber’s premises.

After the drop service has been installed, a SPROUT FIBER INTERNET representative will contact the Subscriber to schedule the installation, and an authorized adult over 18 years of age will be required to be present for the entirety of the installation process. If the Subscriber or an authorized adult over 18 years old is not present at the time of install, the installation appointment will be rescheduled, and the account will be charged a fee of $50 ($100 for Commercial Accounts).

Proper installation may require drilling through interior and/or exterior walls in order to run wire and install outside and interior equipment. The Subscriber consents to the installation process..To ensure optimal Wi-Fi coverage, additional equipment may be necessary and additional charges will apply. A custom Wi-Fi solution may be required for homes over 3,500 sq. ft. or with non-standard configurations or construction.

Standard residential installation is only for permanent residential dwellings that are climate controlled and have hard-wired power service. Service to campers, RVs, barns, sheds, docks, etc., are non-standard installations. Sprout reserves the right to serve or not serve non-standard installation locations. Additional fees and charges will apply to any non-standard installation.

In some instances, the construction necessary to provide service exceeds standard installation expense. Examples include, but are not limited to, boring under roads and driveways, boring through rock, and span lengths over 2,000 feet. In such cases, an aid to construction fee may apply. The subscriber must pay the aid to construction cost prior to construction.

Subscribers renting, leasing, or having permission to occupy must have the Landlord or Property owner/Manager’s written permission for installation prior to the service drop construction and the arrival of the SPROUT FIBER INTERNET installer for the installation.

9. SERVICE LEVEL GUARANTEES. The Subscriber understands and agrees that SPROUT FIBER INTERNET does not guarantee that any particular amount of bandwidth on the Service will be made available to the Subscriber or that any speed or throughput of the Subscriber’s connection to the Service will be available to the Subscriber. The Service is subject to both scheduled and unscheduled maintenance outages; however, SPROUT FIBER INTERNET will strive to minimize the impact of scheduled maintenance outages. The Subscriber understands that the Service requires electricity at the service location and, if an electrical outage occurs, the Service (which may include telephone) will not function.

The Subscriber’s SPROUT FIBER INTERNET is provided by a Gigabit Passive Optical Network (GPON/XGSPON) and an Optical Network Terminal (ONT) which is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, the Router/Gateway will not receive power. If this were to happen, the Subscriber’s phone service, including any medical or security alert systems, like E911, will not be available to the Subscriber unless the ONT and phone are powered by an Uninterruptible Power Supply (UPS). If the Subscriber has a medical alert system or security equipment, they are strongly encouraged to utilize and maintain a battery backup. It is the responsibility of the Subscriber to provide, maintain, monitor, and/or replace the battery backup.

10. SPROUT FIBER INTERNET EQUIPMENT AND SOFTWARE. SPROUT FIBER INTERNET’s equipment is designed to be used on the premises in which the Service is installed. The equipment that SPROUT FIBER INTERNET installs in your home or business is the property of SPROUT FIBER INTERNET and CEC. In the event that the Subscriber relocates, or if the Service is disconnected or terminated for any reason, the Subscriber must return the Router/Gateway and, if applicable, any wireless extender(s) or other equipment to the CEC office. If the units are not returned or are damaged by the Subscriber at any point during service, a minimum of $100 per piece fee will be assessed to cover the cost of such equipment. The Subscriber assumes the risk of loss, theft, or damage to the equipment at all times prior to the removal of the units by SPROUT FIBER INTERNET or return of the units by the Subscriber.

11. SUBSCRIBER EQUIPMENT. The Subscriber is responsible for maintaining the wiring and all other applicable devices that the service location needs to utilize. The Subscriber is responsible for meeting and complying with the minimum computer, device, and system requirements established by SPROUT FIBER INTERNET and contained herein.

If the Subscribers are using their own Sprout approved Wi-Fi router then the Subscriber will be responsible for the Wi-Fi network. SPROUT FIBER INTERNET will only provide support for the ONT and will not provide Wi-Fi technical support in this application. If a SPROUT FIBER INTERNET technician is sent to the Subscriber’s home or business and the problem was caused by the Subscriber’s Wi-Fi equipment, then a $50 fee ($100 for Commercial accounts) will be applied to the Subscriber’s account.

12. RECONNECT FEE: Subscribers whose account has been voluntarily disconnected or involuntarily disconnected for non-payment or violations of the terms of service may be subject to a reconnection fee.

13. TECHNICAL SUPPORT. Subscribers have access to technical support by calling 256-737-3200, option 5, option 3. Onsite technical support is limited to business hours and will be scheduled with the Subscriber. Unless otherwise provided by the Terms of Service, SPROUT FIBER INTERNET does not provide technical support or assistance with third-party hardware or software.

14. PRIVATE NETWORK. The Subscriber agrees and understands that SPROUT FIBER INTERNET and CEC may utilize the wireless component in the ONT or Router/Gateway in order to extend coverage of a private network for internal or external use independent of the Subscriber’s network or services which will not impede or restrict access to the Subscriber’s services.

15. LIMITATION OF LIABILITY. The Subscriber agrees that in the event of a loss of service due to defective software or equipment provided by SPROUT FIBER INTERNET, Subscriber’s sole remedy shall be the replacement and repair of any such defective software or equipment provided by SPROUT FIBER INTERNET. Except as expressly stated in the preceding sentence, SPROUT FIBER INTERNET, its officers, operating managers, owners, parent company, employees, affiliates, and agents (“SPROUT FIBER INTERNET Parties”) will not be liable for any interruptions in service or the effects therefrom, or liable for any delay or failure to perform, nor for any indirect, incidental, special, punitive or consequential damages that arise out of or relate to this agreement or the Service provided hereunder, including without limitation business interruption, lost profits, computer failure or malfunction, any damages for loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions. In no event shall the SPROUT FIBER INTERNET Parties have any liability for special, indirect, incidental, or consequential damages relating to the equipment or resulting from SPROUT FIBER INTERNET furnishing or failing to furnish any services or equipment to the Subscriber or from any fault, failure, deficiency or defect in services or equipment furnished to the Subscriber.

16. NO WARRANTY. SPROUT FIBER INTERNET DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE, NOR DOES IT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, MALWARE, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS. SPROUT FIBER INTERNET DOES NOT WARRANT THAT ANY DATA OR FILES THE SUBSCRIBER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO THE SUBSCRIBER’S INFORMATION. THE SERVICE AND SPROUT FIBER INTERNET EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE, EQUIPMENT, AND SOFTWARE SPROUT FIBER INTERNET PROVIDES, AND SPROUT FIBER INTERNET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SPROUT FIBER INTERNET EQUIPMENT, SOFTWARE OR ANY SERVICE FURNISHED TO THE SUBSCRIBER, ALL OF WHICH WARRANTIES ARE EXPRESSLY EXCLUDED.

17. INDEMNITY. The Subscriber shall defend, indemnify, and hold harmless SPROUT FIBER INTERNET and CEC, along with their directors, officers, employees, affiliates and agents, from and against any third-party claims, damages, losses, attorney’s fees, and expenses relating to or arising from the Subscriber’s breach of the Terms of Service.

18. SUCCESSORS AND ASSIGNS. SPROUT FIBER INTERNET’s rights and obligations under this Agreement shall accrue to and inure to the benefit of SPROUT FIBER INTERNET’s corporate parent, affiliates, successors, and assigns. The Subscriber may not sell, transfer, or assign this Agreement to a third party without SPROUT FIBER INTERNET’s prior written consent.

19. JURISDICTION. The Subscriber agrees that exclusive jurisdiction for any claim or dispute with SPROUT FIBER INTERNET or CEC relating to this Agreement or any other Terms of Service shall be in the courts of Alabama and that this Agreement shall be governed by Alabama law. If legal action is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

20. CONSENT TO COMMUNICATIONS. The Subscriber consents to receive communications from SPROUT FIBER INTERNET relating to the Service by any commercially reasonable method, including regular U.S. mail, email, text messages, and phone calls. The Subscriber may opt-out of non-emergency or non-billing communications by contacting the SPROUT FIBER INTERNET office. The Subscriber is responsible for maintaining accurate account information including valid information such as 911 service location, USPS mailing address, telephone numbers including opt in/opt out to text message notifications, and email addresses. SPROUT FIBER INTERNET will use the contact information on the account and is not responsible for any failure to receive a communication due to inaccurate contact information or blocking methods imposed by the Subscriber.

21. SECURITY. The Subscriber agrees that using the Service presents certain security risks that may enable other Internet users to gain access to or use of Subscriber’s equipment or information. The Subscriber is solely responsible for taking all appropriate security measures when using the Service and agrees that neither SPROUT FIBER INTERNET nor CEC, nor their officers, employees, affiliates, or agents, shall be responsible for security or information breaches. The Subscriber agrees that SPROUT FIBER INTERNET may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam.

When speaking to a representative for technical or billing support, subscribers will be required to authenticate their identity by providing their account name, full service address, and six-digit account number. Subscribers may also be asked for a valid PIN (Personal Identification Number). Representatives will only discuss account details with the authenticated account holder and those persons listed on the account as authorized by the Subscriber, who are also subject to account authentication measures.

22. AMENDMENT OF TERMS OF SERVICE. SPROUT FIBER INTERNET reserves the right to modify the Terms of Service at any time by posting changes on the company website. The Subscriber’s continued use of the Service following online notice of such modification shall be deemed to be the Subscriber’s acceptance of any such modification. If the Subscriber does not agree to any modification of the Terms of Service, the Subscriber must immediately cease using the Service and notify SPROUT FIBER INTERNET that the Subscriber is terminating the Service.

23. ADDITIONAL POLICIES AND CONSUMER EDUCATION MATERIALS: Internet service accounts are also subject to other policies and conditions as mandated by law and as adopted by CULLMAN ELECTRIC COOPERATIVE. These policies and consumer education materials will remain posted on the company website

By accepting the Terms of Service, the Subscriber acknowledges these additional policies and notifications and agrees to adhere to the requirements as outlined.

This Agreement constitutes the sole and entire agreement of the Subscriber with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. This Agreement is binding on and shall inure to the benefit of the Installers and Subscriber and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Cullman, Lawrence, Morgan, or Winston County, Alabama and Subscriber hereby consents to the exclusive jurisdiction of such courts.

The Service Agreement may be electronically signed by the Subscriber by checking a box on the SPROUT FIBER INTERNET registration website, verbal acknowledgment of said agreement in the presence of a SPROUT FIBER INTERNET agent, or by signing the commercial service contract.