Fiberwave Residential Terms of Service
Fiberwave Internet services ("Services") are provided by Fiberwave Technologies LLC, located at 748 W Heritage Park Blvd #201, Layton, Utah 84041, United States, or one of its subsidiaries (collectively referred to as "Fiberwave").
The Fiberwave Terms of Service ("Terms") consist of the terms outlined below and the Fiberwave General Terms of Service. Any references to "Fiberwave" and "Services" in the Fiberwave General Terms of Service refer to Fiberwave LLC and the Fiberwave Services. In the event of any conflict between the Fiberwave General Terms of Service and these Fiberwave Residential Terms of Service, these Residential Terms of Service will control.
By agreeing to these Terms, you represent that you are at least eighteen (18) years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services. By signing up for or using the Services, you agree to these Terms. If you sign up for Phone Services, you also agree to the Additional Terms for Fiberwave Phone Customers.
Fiberwave may be required to provide certain disclosures, notices, and communications (collectively "Communications") to you in written form. We will deliver such Communications electronically, and your agreement to these Terms confirms your ability and consent to receive such Communications electronically.
Application for Services
You may apply for Fiberwave Services online here. Fiberwave strives to make its Services available to as many eligible customers as possible. However, Fiberwave reserves the right to determine whether Services are available at a particular address. If Fiberwave determines that the address at which you receive Services is not a residential address, Fiberwave may require you to transition to a business or community account to continue receiving Services, which may result in an increase in fees.
If you sign up for a Fiberwave Service with specific eligibility requirements, as indicated at the time of sign-up, you must provide documentation to verify that you meet those requirements when requested by Fiberwave or its authorized agents.
Service Usage and Responsibilities
You agree not to misuse the Services, including using them for illegal, improper, or infringing purposes, or in ways that adversely impact others' enjoyment of the Services. Examples of prohibited activities are outlined in the Fiberwave Acceptable Use Policy for Residential Customers, which is incorporated into these Terms.
You are responsible for all activity on the Services, whether undertaken by you or others in your residence. If you allow others to access or use the Phone Services, you are responsible for all activity conducted through those Services.
If you use the Services at a residence or location you do not own or control (e.g., a rental property, hospital, or hotel), you may have separate agreements with property owners or managers. Fiberwave is not a party to such agreements and is not responsible for or bound by them.
Equipment and Installation
Fiberwave may provide or rent equipment, such as routers, switches, modems, or phone boxes, to enable your use of the Services. Unless explicitly stated otherwise on our website, Fiberwave owns all equipment provided in connection with the Services. You agree not to use Fiberwave-owned equipment for any purpose other than using the Services. Fiberwave may install software upgrades on its equipment to ensure optimal performance.
You agree to provide Fiberwave with necessary access to your residence to install and configure equipment. This may include affixing equipment to the exterior or interior of your residence at reasonable locations and using existing wiring or facilities. If you rent or do not own your residence, you may be required to provide written evidence of permission for Fiberwave to perform installation services.
If you lose or damage Fiberwave-owned equipment after installation, you may be charged a replacement fee as outlined in the Fiberwave Fee Schedule. If you cancel your Services, you must return all Fiberwave-owned equipment (except purchased equipment, Fiber Jack, and inside wiring) in working condition within sixty (60) days of termination. Failure to do so may result in applicable replacement fees, plus taxes.
Fees and Billing
Fiberwave’s Fee Schedule outlines fees associated with the Services, including replacement fees for lost or damaged equipment and local access fees, which may vary by location and Service plan. Local access fees are passed directly to the local jurisdiction where you reside, as per agreements with local governments.
You may be charged construction or installation fees for setting up the Services. Fiberwave may allow some customers to pay these fees in installments. If you cancel or modify your Service plan, or if your Services are terminated due to non-compliance with these Terms, you agree to pay any outstanding construction fee balance.
Changes to Terms
Changes to these Terms will not apply retroactively and will take effect no sooner than fourteen (14) days after posting, except for changes addressing new Service functions, new Service launches, or legal requirements, which will take effect immediately. If you do not agree to the modified Terms, you should discontinue using the Services and contact Fiberwave to modify or terminate your Services.
Dispute Resolution
Unless otherwise agreed, any disputes arising under these Terms will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its rules. Arbitration hearings will take place in the county or parish of your residence. For claims valued at $10,000 or less, you may choose whether the arbitration is conducted via document submission, telephone, or in-person hearing. For claims exceeding $10,000, the AAA Rules will determine the hearing format.
The arbitrator will issue a reasoned written decision explaining the essential findings and conclusions. All issues are for the arbitrator to decide, except for issues relating to the scope, enforceability, or arbitrability of this arbitration provision, which are for a court to decide. The arbitrator may award the same individualized damages and relief as a court. Judgment on the award may be entered by any court with jurisdiction.
Fiberwave will pay all AAA filing, administrative, and arbitrator fees for any arbitration it initiates. The AAA fee schedule is available at www.adr.org.
Termination of Services
Fiberwave reserves the right to terminate some or all Services at its discretion, with or without notice, for any reason. If your account is terminated and has a credit balance, it will be refunded to the last payment method used in your Fiberwave account. If your Services include subscriptions to third-party services (e.g., cloud storage), Fiberwave will cease covering those costs upon termination, and you must arrange with the third-party provider to continue or cancel those services.
Contact Information
For questions about these Terms or Fiberwave Services, please contact us at support@fiberwavetech.com.