Terms & Conditions
MORNINGSIDE GROUP LLC - TERMS OF SERVICE
Welcome to Morningside Group LLC! This document outlines the terms and conditions of our internet service. By ordering, using, or paying for our services, you ("Customer," "you") agree to these Terms of Service ("Agreement").
1. Service Agreement & Billing
Service Term: Our services are provided on a month-to-month basis and will automatically renew each month until terminated by you or Morningside Group LLC ("Morningside," "we," "us").
Billing: Your first bill will be generated upon the successful installation and activation of your Service. Subsequent invoices will be issued monthly.
Payment: Payment is due on the date specified on your invoice. You agree to pay for all services, installation charges, equipment fees, and any applicable taxes, surcharges, or government fees.
Late & Returned Payments: Accounts with an outstanding balance after the due date may be subject to a late fee. A returned payment (e.g., NSF check, failed ACH) will incur a fee of $25.00. We reserve the right to suspend or disconnect service for non-payment.
Reconnection Fee: If service is disconnected due to non-payment, a reconnection fee of $25.00 may be required to restore service.
2. Installation and Access to Your Property
Grant of Access: You grant Morningside and its authorized contractors permission to enter your property to install, inspect, maintain, repair, and ultimately remove our fiber optic lines and associated equipment ("Equipment"). This access is necessary to provide the Service.
Easement: To facilitate service to the broader community, you grant Morningside a limited easement to place our fiber optic lines across your property to reach neighboring customers, typically following existing utility paths.
Authorization: You represent and warrant that you are at least 18 years of age and are the owner of the property or have obtained full, written authorization from the property owner to grant the access and easement rights described in this Agreement.
Standard Installation: A standard installation includes the placement of our Optical Network Terminal (ONT) and a wireless router at a mutually agreed-upon, technically feasible location inside your premises.
Custom Work: Any installation work beyond our standard scope, such as complex in-wall wiring, work in attics or crawlspaces, or integration with non-standard customer equipment, is considered "Custom Work." Custom Work may be performed at our standard hourly rate or may require you to hire a third-party contractor.
3. Equipment
Morningside Equipment: All Equipment installed by Morningside, including the ONT and router, remains the property of Morningside Group LLC. You may not alter, open, or attempt to service our Equipment. Customers may not connect their own ONT to our network.
Damage to Equipment: You are responsible for any damage, loss, or theft of our Equipment located on your property. In the event of damage, you will be invoiced for the full replacement cost of the Equipment plus a service fee for the technician's time to perform the replacement.
Return of Equipment: Upon termination of your Service, you must return the Morningside-provided wireless router and its power supply in good working condition. Failure to do so will result in a charge for the full replacement cost of the equipment. The ONT must remain attached to the premises.
4. Service Limitations and Disclaimer of Warranties
"AS IS" AND "AS AVAILABLE": THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MORNINGSIDE GROUP LLC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Power Requirement: The Service requires continuous electrical power at your premises. In the event of a power outage, the Service, including any associated voice services, will not function.
Force Majeure: Morningside Group LLC is not liable for any failure or interruption of Service due to causes beyond our reasonable control, including acts of God, natural disasters, fires, floods, pandemics, government orders, civil disturbances, strikes, or failures of third-party networks or suppliers.
5. Limitation of Liability and Customer Indemnification
Limitation of Liability: Morningside Group LLC's liability for any and all claims arising from or related to this Agreement is limited to the amount you paid for the Service in the preceding three (3) months. We are not liable for any indirect, incidental, special, or consequential damages.
Customer Indemnification: You agree to defend, indemnify, and hold harmless Morningside Group LLC, its employees, agents, and affiliates from any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (i) your use of the Service or Equipment; (ii) your violation of any provision of this Agreement; or (iii) your infringement of any third-party rights, including intellectual property rights.
6. Network Management and Security
Network Management: We may manage our network to ensure a high-quality experience for all customers. During periods of congestion, traffic for latency-sensitive applications like VoIP may be prioritized over general data traffic. All other internet traffic is managed on a best-effort basis.
Security: Morningside secures its own network infrastructure. However, you are solely responsible for the security of your own devices (computers, tablets, phones) and your internal home network. We strongly recommend the use of up-to-date antivirus software and firewall protection.
7. General Provisions
Account Transfer: The Service is provided only to the address of installation. You may not transfer your account or move the Service to another address without our prior written consent.
Code of Conduct: We are committed to providing a professional and respectful customer experience. We expect the same level of respect from our customers. We reserve the right to suspend or terminate service and communication with any customer who engages in abusive, threatening, or harassing behavior towards our employees or representatives.
Dispute Resolution: If you have a question or concern, please contact our Customer Support team first. Our contact information is available on our website. We will work in good faith to resolve any issues promptly.
Changes to this Agreement: We may update these Terms of Service from time to time. We will provide notice of any material changes. Your continued use of the Service after such notice constitutes your acceptance of the new terms.