TV Services

1. SERVICES AND EQUIPMENT

a. Program Choices -- You must subscribe to a base channel package in order to add additional Services such as premium channel subscriptions or additional screens. All elective add-ons have their own rate in addition to your base channel package. For more information on these rates, please contact us at 509-826-0300 or at sales@ncidata.com.

b. Plans with Direct Video Recording (DVR) -- Customers subscribing to a plan with DVR will be able to access recordings of shows as long as their Real Choice TV service is active. Upon cancellation of an account, any saved program recordings are deleted and therefore inaccessible from the Real Choice TV app on Roku or any other mobile device.

c. Changes to Subscriptions -- You may change your programming selection by notifying us. Changing your subscription may result in additional charges for any increased monthly rates from your previous plan. You are not obligated to keep the same plan for the duration of your subscription; you may modify optional add-ons like premium channels and additional screens at any time during your subscription. For more information on these additional options, please contact us at 509-826-0300 or at sales@ncidata.com.

d. Programming Changes -- NCI reserves the unrestricted right to change, modify, add or
delete our programming packages, the channel lineups in those packages, pricing, technologies used to deliver the Service, and any other Service offered, at any time. NCI will endeavor to notify you of any change that is within our reasonable control, and when those changes will become effective.

e. Internet Connection -- For optimal performance of your Real Choice TV subscription, we recommend that your TV service is connected to a NCI Datacom provided internet connection of 7mbps or higher. Support and performance guarantees are not available on non-NCI Datacom Internet connections because we do not have access necessary for troubleshooting.

f. Private Viewing / Use - Unless specifically stated differently in your contract or Services Agreement, NCI Datacom provides Service only for your private, residential use, enjoyment and home viewing. The programming may not be viewed in areas open to the public or in commercial establishments. Customers may not rebroadcast or resell this service, which includes charging for admission for its viewing. You may not allow anyone who is not your immediate family or lives within your residence to use your account and login information to privately use as their own service. You may not use any
NCI Datacom or Real Choice TV trademarks.

g. Repair or Replacement of Equipment -- If you have purchased a Roku Stick Plus or Roku Ultra from NCI Datacom, you understand that this equipment belongs to you. NCI Datacom does not provide a warranty, return, or repair of any kind on Roku equipment, nor do we assume any liability for defective equipment. Roku equipment is available for purchase through NCI Datacom as a convenience, but not a requirement. You are welcome to purchase a compatible Roku product from a third-party retailer and are in no way obligated to purchase Roku equipment from NCI Datacom.

h. Restrictions Related to Equipment -- Real Choice TV is only supported on the Roku Stick Plus or the Roku Ultra. You will need a USB port on your TV to use a Roku Stick Plus, and you will need an HDMI cable & port to use a Roku Ultra.

i. Your Viewing Restrictions -- It is your responsibility to impose any viewing restrictions on other family members or guests as you feel is appropriate, as this is a personal matter. NCI Datacom assumes no liability or responsibility to anyone to restrict or censor the content of the Real Choice TV programming.

j. If you move from your current residence, please notify us immediately of any change in your name, mailing address, residence address or telephone number by contacting us at 509-826-0300 or at support@ncidata.com. This will ensure that we can continue providing the best possible services to you, including Real Choice TV, Internet and Phone service

2. PAYMENT - In return for receiving our Service, you agree to pay for services as follows:

a. Service Packages -- You will be billed for the month in advance, at our rates in effect at the time for all Service(s) ordered by you or an authorized person on your account, until the Service is canceled. Bundled Discounts for subscribing to multiple services through NCI Datacom will be applied to the amount due on the account. If you cancel Real Choice TV service, you are no longer entitled to receive the bundled discount for this service, but we will not collect the bundled discount amount for anything previously credited before cancellation. The outstanding balance on the account is due in full each month by the due date. We may, at our discretion, accept partial payments as part of an agreed-upon payment arrangement. Any partial payments will be applied to the oldest outstanding balance. If you do not pay your statements by the due date, we reserve the right to suspend your Service or deactivate your Service until payment is made in full.

b. Taxes -- NCI Datacom’s rates for Real Choice TV subscriptions do not include taxes, and therefore, Washington State Sales Tax will be added to invoice.

c. Reactivation Fee after Suspension for Nonpayment -- If we do not receive your payment by the due date on your bill, and no payment arrangements have been made, we reserve the right to suspend your services until payment has been made in full. In the event your account has been suspended for non-payment three times in a three-month period, we reserve the right to charge a $10.00 Reconnect Fee in addition to the balance owed on the account.

3. CHANGES IN CONTRACT TERMS - We reserve the right to change the terms and conditions on which we offer Service including adding new terms or deleting existing ones. We will provide you with notice of material changes either in your monthly bill or separately. You always have the right to cancel your Service, in whole or in part, at any time, and you may do so if you do not accept any such changed terms or conditions. See Section 5 below. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service constitutes acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5.

4. TERM AND CANCELLATIONS

a. Term & Termination -- This Agreement shall be effective immediately and shall commence on the date upon which the Service is made available for use by you, the Customer. This Agreement may be terminated by either party at the end of its Term by given written notice at least fifteen (15) days prior to termination. In the absence of such notice, this Agreement shall automatically renew on a month-to-month basis until receipt of advance written notice by either party expressly terminating this Agreement thirty (30) days in advance of the date of termination.

b. Your Cancellation. -- You may terminate your Service by giving written notice at least fifteen (15) days prior to the desired cancellation date. You will still be responsible for payment of all outstanding balances accrued through the end of the service month. If you cancel Service or change your Service package, you may be subject to an Early Termination Fee.

i. NCI CANCELLATION

1. We may cancel your Service at any time if you fail to pay amounts owing to NCI when due, subject to any grace periods; breach any other material provision of this Agreement; or act abusively toward NCI staff.

2. If you reside in a property that provides a base programming Service to each resident then we may disconnect, suspend or terminate your programming Services and any upgrade or a la carte programming if your account is past due or not in good standing with NCI Datacom.

3. If the property-provided bulk programming Services are disconnected, suspended or terminated, then each individual subscriber's a la carte or upgrade packages may also be disconnected, suspended or terminated.

4. Upon cancellation, you remain responsible for payment of all outstanding balances accrued through the effective date, which may include an Early Termination Fee.

5. NCI may terminate the Agreement and/or cease or suspend the provision of the Service upon default of Customer. Default includes:

6. The failure to pay any amount when due;

7. The filing of a petition in bankruptcy by or against Customer; and

8. Any material breach of this Agreement, including, but not limited to, violation of NCI’s Acceptable Use Policy “AUP”, a copy of which is made available at https://ncidata.com/nci-datacom-acceptable-use-policy/, or conduct that NCI, in its sole discretion, believes may subject NCI to civil or criminal litigation, charges, and/or damages. If NCI has suspended the Service, NCI shall require a reconnection fee in order to resume Service, and Customer agrees to pay such fee. Termination shall not relieve Customer of its obligation to pay all fees for Service accrued and owing up to and including the date of termination, nor shall it preclude NCI from pursuing any other remedies available to it, at law or in equity.

5. LIMITS OF NCI RESPONSIBILITY

a. Service Interruptions -- Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for such Service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES.

b. WARRANTY DISCLAIMER -- EXCEPT AS PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR EQUIPMENT, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT.

c. DISCLAIMER OF LIABILITY -- THE SERVICES OF NCI ARE PROVIDED “AS IS.” NCI MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. IN NO EVENT SHALL NCI, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE SERVICE OR THIS AGREEMENT WHETHER FOR, AMONG OTHER THINGS, BREACH OF WARRANTY OF ANY OBLIGATION ARISING THEREFROM, AND WHETHER LIABILITY IS ASSERTED IN, AMONG OTHER THINGS, CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT PRODUCT LIABILITY) WHETHER OR NOT NCI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. NCI’S LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT EQUAL TO THE AVERAGE MONTHLY RECURRING CHARGE FOR THE SERVICE PAID TO BY CUSTOMER PURSUANT TO THIS AGREEMENT. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. Customer acknowledges that NCI exercises no control over the quality, validity, nature, content or reliability of the information passing through the network. No oral or written information or advice given by NCI, its dealers, agents or employees shall create a warranty. Use of any information obtained from or through the Services provided by NCI will be at Customers own risk. Customer acknowledges that NCI is not liable for any errors or interruption in the Services, whether within our outside of control of NCI. Under no circumstances shall the customer hold NCI responsible for any form of damages or losses including direct, indirect, consequential or incidental damages of losses suffered from, but not limited to errors, delays, loss of information of interruptions in Services caused by the customer, NCI, or third party’s negligence, fault, misconduct of failure to perform. Customer understands that telecommunication and/or network access Services may be temporarily unavailable for scheduled or unscheduled maintenance and for reasons within or outside of the direct control of NCI.

d. Indemnification -- Customer agrees to defend, indemnify and hold NCI and its affiliate harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from:

e. Any breach of this Agreement by Customer;

f. The use of the Service or the Internet or the placement or transmission of any information, software or other materials on the Internet by Customer, including but not limited to any Customer data;

g. Acts or omissions of Customer, Customer’s agents or contractors in connection with, among other things, the installation, maintenance, presence, use or removal of equipment or software not provided by NCI connected or to be connected to the Service; and

h. Claims for infringement of any third party proprietary right, including copyright, patent, trade secret, and trademark rights, arising from the use of any services, equipment and software not provided by NCI.

i. Injunctive Relief Available -- In the event of a breach or threatened breach of any provision of this Agreement by Customer, Customer agrees that damages to be suffered by NCI will not be fully compensable in money damages alone, and accordingly, NCI shall, in addition to other available legal or equitable remedies, be entitled to an injunction against such breach or threatened breach.

6. MISCELLANEOUS

a. This Agreement shall be governed by the laws of the State of Washington with venue in Okanogan County, Washington. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such a claim or cause of action is barred. In any proceeding to enforce the terms of this Agreement, the party prevailing shall be entitled to recover all of its expenses, including, without limitation, reasonable attorney’s fees.

b. In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder of the provisions shall remain in full force and effect.

c. NCI’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any of its rights hereunder. In the event a law or regulatory action prohibits, substantially impairs, or makes impracticable the provision of Service under this Agreement, as determined by NCI, NCI may, at its option and without liability, terminate this Agreement, or modify the Service or the terms and conditions of this Agreement in order to conform to such action (“Regulatory Modification”); provided, however, that NCI shall provide sixty (60) days written notice prior to Customer of any such Regulatory Modification, unless NCI determines, in its good faith business judgment, that it is necessary to reduce the foregoing notice period. Use by Customer of the Service after implementation of a Regulatory Modification shall constitute acceptance by Customer of such changes.

d. Acceptable Use Policy -- Please click here to view an up-to-date Acceptable Use Policy.