General Terms & Conditions

THESE GENERAL TERMS & CONDITIONS (“Agreement”) govern the provision of broadband and telecommunications services (“Services”) by BEC Communications, LLC (“BECC”, “Provider”, “we”, “us”), with a principal place of business at 27492 State Highway 95, Bartlett TX 76511, and the undersigned customer (“Customer”, “you”, “End User”) at the address provided on the Application for the Customer. Each of Provider and Customer is a “Party” and, collectively, the “Parties”. This Agreement applies to all services delivered under any service order executed by Customer and accepted by BECC.

WHEREAS, BECC offers broadband services (as such terms are defined below); and

WHEREAS, Customer wishes to purchase from BECC certain Services (as defined below) as stated in service orders; and

WHEREAS, BECC is willing to provide said Services to Customer on the terms and conditions herein contained.

NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions

For all purposes of the Agreement, in addition to terms defined elsewhere in this Agreement, the following capitalized and bolded terms shall have the definitions set forth below:

“Affiliate” means an entity that (directly or indirectly) controls, is controlled by, or is under common control with a Party, where “control” means the direct or indirect ownership of more than fifty percent (50%) of the voting equity.

“Customer Premises” means the location or locations occupied by Customer to which Services are provided or delivered

“Device(s)” means such item(s) of equipment or personal property provided by BECC in connection with the Services.

“Effective Date” means the date set forth at the signing of this agreement.

“Facilities” means all fixtures, equipment or personal property provided by BECC and delivered or installed for use at Customer Premises to deliver Services, including without limitation, optical2 network units, terminals and other equipment, wiring, lines, ports, routers, switches, channel service units, and data service units.

“Service(s)” means, individually and collectively, those broadband and telecommunication services and facilities described in a then effective Service Order executed by Customer, and which has been accepted by BECC.

“Service Order” means a document which sets forth, at a minimum, (i) the Service that are the subject of such Service Order with Customer, and (ii) references to Provider’s rates and charges applicable to such Service, which may be by reference to Provider’s adopted and posted rates. "Service Order" expressly includes any upgrade Service Orders.

2. Terms and Termination

a. This Agreement shall commence upon the initial installation or activation of any Service and shall continue on a month-to-month basis unless earlier terminated in accordance with this section.

b. Customer Termination: Customer may terminate this Agreement at any time by providing notice to BECC. Upon termination, Customer remains responsible for payment of all sums due and unpaid through the end of the current billing period, including any unbilled charges. In addition, Customer must return all BECC-owned equipment, including but not limited to optical network terminals (ONTs), routers, battery backups, wireless extenders, and associated power cords, within fourteen (14) days of service termination. Failure to return such equipment in good condition (normal wear and tear excepted) may result in charges up to the full replacement cost.

c. BECC Termination or Suspension: BECC may suspend or terminate Services or this Agreement under any of the following circumstances:

   i. Customer fails to pay any undisputed invoice by its due date;

   ii. Customer becomes insolvent, files for bankruptcy, or makes a general assignment for the benefit of creditors;

   iii. Regulatory or legal mandates require BECC to discontinue Service;

   iv. Material changes in applicable law increase BECC’s costs or affect service delivery;

   v. Customer breaches any provision of this Agreement and fails to cure such breach following notice;

   vi. Customer or a household member engages in abusive, unlawful, or prohibited use of the Services, including violations of BECC’s Acceptable Use Policy.

d. All payment obligations incurred prior to the effective date of termination shall survive. BECC reserves the right to recover its Facilities and equipment following termination.

3. Rates and Charges

a. Rates and charges for Services shall be as specified in the applicable Service Order or Agreement accepted by BECC. In the absence of a specific rate, BECC’s then-current standard retail rates shall apply. BECC may provide Customer with a current standard rate schedule at the time of activation or upon request.

b. Customer agrees to pay all applicable charges, including but not limited to:

   i. Monthly recurring service fees;

   ii. One-time installation, activation, or equipment fees;

   iii. Charges for non-returned or damaged BECC-owned equipment;

   iv. Charges for infrastructure construction in excess of standard service distance.

c. BECC will cover up to 1,500 feet of new infrastructure construction from the existing network to the Customer’s location. If construction beyond this distance is required, the Customer will be responsible for construction charges as determined by BECC, which will be quoted in advance and must be approved before work begins.

d. If BECC dispatches technical support personnel to the Customer’s location and the service issue is determined to be the result of customer-owned equipment, misuse, or conditions unrelated to BECC’s network or infrastructure, a trip fee of $100 per hour (with a minimum charge of $100) will apply.

e. Billing for recurring charges shall begin upon installation, testing, and activation of Service, as confirmed by Customer signature or BECC’s deemed acceptance process.

4. Taxes and Surcharges

a. All applicable taxes, fees, and regulatory surcharges are included in the posted rates for BECC’s basic broadband and phone services. Customer will not be separately charged for such amounts unless otherwise specified.

b. However, certain optional or usage-based services such as directory assistance (411), operator assisted calls, or other non-standard calling features may incur additional fees, taxes, or surcharges. These charges will be imposed in accordance with applicable law and billed separately as they occur.

c. Customer is not responsible for taxes based on BECC’s net income or property. BECC reserves the right to modify rates or impose additional surcharges if required by changes in law or regulatory action.

5. Billing and Payment

a. BECC bills in advance for all recurring services. Monthly invoices are generated between the 11th and the 15th of each month, depending on the calendar month. Payment is due by the last day of the month in which the bill is issued.

b. The first bill may be higher than normal as it may include a prorated portion of the prior month, plus charges for the current and upcoming month, depending on the activation date.

c. If payment is not received by the due date, BECC may suspend or terminate Service without further notice. All past due charges plus a $25 reconnect must be paid before Service is restored.

d. Billing Disputes: Any disputes regarding invoiced charges must be submitted in writing prior to the due date of the disputed invoice. Failure to dispute within this period constitutes a waiver of the right to contest. Undisputed amounts must be paid in full by the due date. If the dispute is resolved in the Customer’s favor, a credit will be applied to the next bill. CLAIMS OF FRAUDULENT USAGE SHALL NOT CONSTITUTE A VALID BASIS FOR A DISPUTE.

e. In cases of nonpayment, BECC reserves the right to engage a collection agency. Customer agrees to pay all reasonable costs associated with collection, including attorneys’ fees, court costs, and collection agency fees, which may be up to 35% of the outstanding balance..

f. This Section 5 shall survive the termination or expiration of term.

6. Customer Responsibilities

a. Customer shall provide a safe, secure, and suitable environment at the service location, including sufficient access, power, heating, and cooling for the proper operation of Services and any installed equipment.

b. Customer agrees to:

   i. Ensure that a responsible adult (18 years or older) is present at the service location during any installation, service call, or equipment retrieval appointment;

   ii. Grant BECC safe access to the Customer Premises to the extent reasonably necessary for the provision of Services and for the installation, inspection and scheduled or emergency maintenance of Facilities;

   iii. Maintain a safe and hazard-free environment. BECC technicians have the right to refuse service or leave the premises if they determine, in their sole discretion, that conditions are unsafe or unsanitary. A $100 rescheduling fee will apply in such cases;

   iv. Be present and available during scheduled appointments. Missed appointments, failure to provide access, or failure to meet safety requirements will result in a $100 rescheduling fee;

   v. Not relocate, modify, service, or tamper with any BECC-owned equipment;

   vi. Assumes the risk of loss, theft or damage to all equipment at all times prior to the removal of the Facilities by Provider or the return of the Facilities to Provider by Customer;

   vii. Return all BECC equipment, including associated power cords, within fourteen (14) days of service termination.

c. BECC is not responsible for the performance, functionality, or support of any customer-owned equipment used in conjunction with the Services. This includes, but is not limited to, customerprovided telephones, networking devices, or internal cabling.

d. In the event that any Facility or portion thereof is destroyed, damaged, lost or stolen or has been tampered with, or is not returned to Provider within fourteen (14) days after termination, Customer shall be liable to Provider for the full replacement cost of the unreturned, destroyed, lost, stolen or damaged device.

7. Customer Provided Equipment

BECC has no obligation to install Customer provided equipment, even at the request of Customer. Customer shall be responsible for the operation or maintenance of any customer provided equipment, including interface or compatibility with the Facilities. BECC shall have no liability whatsoever for the configuration, management, or performance of the customer provided equipment.

8. Use of Services and Unauthorized Use

a. Services provided by BECC are intended solely for use by the subscribing Customer at the service location and may be used for personal, residential, or business purposes. They may not be resold, shared externally, or transferred to any other person or entity without BECC’s prior written consent.

b. Customer agrees not to:

   i. Tamper with, alter, move, or attempt to repair BECC-owned equipment or facilities;

   ii. Use the Services in any manner that is unlawful, abusive, or interferes with BECC’s network, other customers, or public safety;

   iii. Use predictive dialers for more than five percent (5%) of total outbound calls without BECC’s prior written consent;

   iv. Attempt to access unsupported call types such as 900/976 calls or other premium-rate services;

   v. Use the Services to transmit spam, malicious software, or engage in activities that threaten network integrity or security;

   vi. Permit unauthorized third parties to access or use the Services.

c. BECC reserves the right to monitor network usage and take protective action—including suspension or termination of Service—if necessary to prevent abuse, fraud, or threats to service quality. Customer is responsible for all use of the Services by any individual accessing the network through their account, whether authorized or not.

d. Customer shall defend, indemnify, and hold harmless BECC from and against any and all costs, losses, harm or damages (including without limitation reasonable attorney's fees) arising out of or relating to Customer's use of the Service, including claims resulting from use of the Service by Customer's End Users and/or the content of any communications transmitted via the Service.

9. Credit and Deposits.

a. BECC may, at its sole discretion, request credit information from the Customer prior to initiating Service. Based on the results of a credit review, BECC may require a deposit as a condition of service activation.

b. Deposits will not exceed the estimated charges for two months of service and will be held as security for payment of amounts due. BECC may apply the deposit to any unpaid balance on the Customer’s account. If the deposit is used in this manner, the Customer may be required to replenish the deposit to continue Service.

c. Upon termination of the Agreement, any remaining balance of the deposit will be credited to the Customer’s account or refunded, provided all outstanding amounts due have been paid in full.

10. Warranties and Limitation of Liability

a. BECC provides all Services and equipment “as is” and “as available,” and makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. No employee or representative is authorized to modify or extend these warranties.

b. Devices provided by BECC may include a manufacturer’s limited warranty, which will be passed on to the Customer when applicable. BECC does not warrant or guarantee the performance or reliability of any equipment provided by third parties.

c. BECC shall not be liable for:

   i. Any indirect, incidental, special, consequential, or punitive damages;

   ii. Service interruptions due to acts or omissions of third parties, equipment failure, or customer actions;

   iii. Loss of business, revenue, data, or goodwill;

   iv. Incompatibility of customer-owned equipment or software.

d. To the extent permitted by law, BECC’s total liability for any claim arising out of or relating to the Service shall not exceed the total amount paid by the Customer for Services during the three (3) months immediately preceding the event giving rise to the claim.

e. If you need to return or exchange any item purchased from BECC, please know that you can return or exchange the item within 15 days of installation or when item is picked up from BECC. All returns are subject to a limited inspection to look for signs of misuse or neglect. In the event misuse or neglect is found, the item will not meet the criteria for return or exchange.

f. These limitations apply regardless of the theory of liability, whether in contract, tort (including negligence), or otherwise, and shall survive the termination of this Agreement.

g. Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS CUSTOMERS.

11. Privacy and Customer Proprietary Network Information (CPNI)

a. BECC is committed to protecting the privacy of its Customers and complies with all applicable federal and state privacy laws, including those governing Customer Proprietary Network Information (CPNI). CPNI includes information about the quantity, technical configuration, type, destination, and amount of use of telecommunications services.

b. BECC will not sell, rent, or lease your personally identifiable information to third parties. Your information may be shared with affiliates, agents, or contractors solely for the purpose of providing or promoting BECC services, or in connection with a merger, acquisition, or sale of assets. Such entities are required to handle your data in accordance with BECC’s privacy policies.

c. BECC may also disclose your information when required to do so by law, regulation, subpoena, or court order, including to government or law enforcement agencies. Customer consents to such disclosure as part of this Agreement.

d. BECC uses third-party networks and the public Internet to deliver certain services and cannot guarantee the privacy or security of information transmitted over such networks. It is the Customer’s responsibility to take appropriate security precautions when using internet-connected services.

e. You may opt out of certain CPNI uses by sending a written request including your name, service address, telephone number, and account number to:

BEC Communications – Privacy Opt-Out
27492 State Highway 95
Bartlett, TX 76511
Attn: Member Services

12. Use of Marks

Neither Party shall use any trademarks, service marks, logos, or trade names of the other Party (individually and collectively the "Marks") in any manner whatsoever, including without limitation in any advertising, signage, marketing materials, website content, brochures or any other materials in any medium, without such other Party’s express advance written consent. Neither Party shall issue any press release, announcement or public statement with respect to the Agreement or the other Party without such other Party’s express advance written consent, and any such press release, announcement or public statement shall be subject to such other Party’s review and written approval.

13. Force Majeure

If a Party’s performance (other than payment) hereunder is delayed or prevented by reason of an event or circumstance not within the reasonable control of the Party claiming the excuse and that with commercially reasonable diligence cannot be prevented or overcome, including, without limitation, acts of God or of the public enemy; governmental requirements; changes in governmental laws or regulations; earthquakes; fires; floods or other catastrophes; epidemics or quarantines; freight embargoes; war; civil strife; insurrection; riot; materials shortages; or labor stoppages (each, a “Force Majeure Event”), then the Party whose performance is delayed or prevented shall promptly notify the other Party of the Force Majeure Event and shall be excused from performance to the extent delayed or prevented; provided, however, that the Party whose performance is delayed or prevented shall take all reasonable steps to avoid or remove such cause of nonperformance and shall continue to perform whenever and to the extent reasonably possible, and provided further that any time for performance set forth in this Agreement shall be extended for a period equal to the period of any such delay.

14. Dispute Resolution

a. In the event of a dispute regarding charges, service issues, or any other matter arising under this Agreement, Customer must notify BECC in writing prior to the due date of the invoice giving rise to the dispute. Failure to do so will result in the waiver of any right to contest the issue.

b. BECC and the Customer agree to attempt to resolve disputes in good faith through informal discussion and negotiation. During the resolution process, Customer must continue to pay all undisputed charges in full and on time.

c. If BECC initiates legal proceedings to recover unpaid amounts or enforce its rights under this Agreement and substantially prevails, Customer agrees to pay BECC’s reasonable attorneys’ fees, court costs, and any other related expenses incurred in connection with such proceedings.

15. Repair

BECC will make reasonable efforts to maintain its broadband system to respond to service calls in a prompt manner. BECC agrees to repair damage to the Facilities, or interruption of the Services, when due to reasonable wear and tear or technical malfunction of any of the Facilities. In the event of physical damage to the Facilities caused by negligent, willful or intentional misconduct by Customer or others, the Customer shall be solely responsible and shall pay BECC for the costs of repair or replacement of the Facilities so damaged.

16. Consent and Privacy

Providers utilize the public Internet and third-party networks to provide connectivity and broadband services. Accordingly, Provider cannot guarantee the security of internet-based communications of Customer. Provider is committed to respecting End User’s privacy. Provider will not sell, rent, or lease Customer’s personally identifiable information to others. Unless required by applicable law or subpoena or if End User’s prior permission is obtained, Provider will only share the personal data of End User with business partners that are acting on Provider’s behalf to complete the Service. Such Provider entities and/or national business partners are governed by Provider’s privacy policies with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, or court as required by law, Provider is permitted to disclose personally identifiable information, and Customer hereby consents to such disclosure by BECC and by those third parties who provide services to BECC to a government agency, a law enforcement agency, or court as required by law without liability or responsibility to Customer.