Evolution Fiber Broadband Terms of Service (“Terms & Conditions”)
This Evolution Fiber Broadband Terms and Conditions (“Terms & Conditions”), along with the Service Agreement (as defined below) and all referenced documents, is entered into as of the date set forth in the Service Agreement between Evolution Fiber (“We,” “Us,” “Our,” or “Provider”) and the individual or entity listed on the Service Agreement (“You,” “Your,” or “Customer”). These Terms govern the services that the Customer has elected to receive (collectively, the “Service”).
By signing the Service Agreement, You confirm that You have read, understood, and agree to be bound by the Terms and Conditions.
1. Agreement to Terms
By using the Service, You agree to abide by these Terms, including our Privacy Policy, Open Internet Policy, Website Terms of Use, and any other documents referenced herein. If a conflict arises between these Terms and the Service Agreement, the Service Agreement shall prevail.
2. Modifications to Terms
We reserve the right to update or amend these Terms & Conditions, the Privacy Policy, the Open Internet Policy, the Website Terms of Use, and any referenced documents at any time. All changes will be posted on Our website, and it is Your responsibility to review these updates regularly. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
3. Services Covered
We will provide the version of the telecommunications service (the “TS Service” or “Service”) specified in the Service Quotation (“Quotation”) or Service Order (“Order”). The service period and associated fees for the TS Services will be outlined in the Quotation and/or Order. Commencement of TS Services is considered Your acceptance of these Terms.
4. Service Description
The TS Services provided are described in detail in the Service Agreement and may include telecommunication, internet, or other fiber-optic services.
5. Service Performance
Speed Guarantee:
We guarantee that You will receive at least 80% of the advertised internet speed, measured at the Optical Network Terminal (ONT) installed at Your service location. All speed testing will be performed by an Evolution Fiber or Open Infra representative.
This guarantee applies exclusively to the speed delivered to the ONT. It does not cover slowdowns or service degradation caused by Customer-owned equipment, Wi-Fi interference, or external factors beyond Our control, including but not limited to Customer’s internal network configuration or third-party hardware performance
Resolution Period:
If You experience speeds below the guaranteed threshold, You must notify Customer Support in writing. We will have up to ten (10) business days to diagnose and resolve the issue.
To facilitate timely diagnosis and resolution, You are required to be reachable via both email and phone during the resolution period. This includes responding to appointment scheduling requests, granting access for on-site visits if needed, and participating in necessary troubleshooting steps. Failure to be reasonably available may delay the resolution process and may void the right to terminate the Agreement under this clause.
Right to Terminate:
If We are unable to restore service to at least 80% of the advertised speed within the resolution period, You may terminate the Agreement without early termination fees.
Service Outage Credit:
If You experience a complete loss of service caused by a network issue, You may request a credit. The credit will equal a prorated portion of Your monthly service fee for each full 24-hour period of confirmed outage. To qualify, You must report the outage to Customer Support during the outage period.
6. Renewal and Cancellation
Renewal:
After the expiration of the initial service period, the Service will automatically renew on a month-to-month basis unless terminated by You or Us. To cancel, You must notify Us at least 30 days before the end of the initial term or the desired cancellation date. Notification must be sent via email. We may cancel Your Service at the end of any service term by providing 90 days’ written notice.
Your Right to Cancel (Federal Cooling-Off Period):
You are entering into a transaction that results in a binding agreement for the products and services described. Under federal law, You have the right to cancel this Agreement without cost, penalty, or obligation until midnight of the third business day after whichever of the following events occurs last:
- The date You signed this Agreement
- The date You received this notice of Your right to cancel
To cancel under this provision, You must send a written notice of Your intent to cancel to info@evolution-fiber.com no later than midnight of the third business day. No other method of cancellation will be accepted for exercising this specific right.
General Cancellation:
You may cancel the Service at any time after the initial service period by providing 30 days’ written notice. If You cancel during a service period, You must pay:
(a) all accrued fees up to the cancellation date, and
(b) an early termination fee equal to 80% of the remaining balance on Your Service Agreement.
Cancellation Due to Non-Delivery:
If the Service is not delivered and made available to You within 365 days from the date this Agreement is signed (the “Acceptance Due Date”), You may cancel this Agreement without any fees or penalties. To exercise this right, submit a written notice to info@evolution-fiber.com
7. Financial Terms
Service Fees and Payment:
Service fees will be outlined in the Service Quotation or Service Agreement. You agree to pay all fees as described, including any applicable taxes, surcharges, or other regulatory fees.
Payment for Services is due on the date specified in Your Service Quotation. All payments must be made in U.S. dollars. If You fail to pay any amounts due by the specified due date, We reserve the right to charge late fees and/or suspend or terminate Your Service. If payment is not received within 30 days of the due date, Your Service will be temporarily suspended until full payment is received.
AutoPay Enrollment:
You are automatically enrolled in AutoPay upon activation of the Service. This means that monthly charges will be automatically deducted from Your designated payment method. You may opt out of AutoPay by contacting Customer Support, but additional administrative fees may apply (see “Administration Fee” below).
Payment Options & Billing Fees:
Direct Debit Payment – No Processing Fee: When You pay via direct debit (AutoPay) using a debit card or bank account, there are no additional processing fees.
Credit Card Surcharge: If You choose to pay with a credit card, a 2.5% surcharge will apply to the transaction amount.
Administration Fee: An administration fee of $10 will be applied per invoice if You choose to opt out of AutoPay, pay by check, or request an invoice via mail.
Late Payments:
In the event You fail to pay the Service fees by the due date, We may impose a late fee of 1.5% per month (or the highest amount permissible by law, whichever is lower) on all overdue amounts. Continued failure to make payments may result in suspension (after 30 days) or termination of Services. You agree to bear any collection costs, including attorney fees and other associated costs, if legal action is required to collect unpaid amounts.
Disputed Charges:
If You dispute any portion of an invoice, You must notify Us in writing within 30 days of the invoice date. Failure to notify Us within this time frame constitutes Your acceptance of the charges. Disputes will not relieve You of Your obligation to pay any undisputed portions of the invoice by the due date.
Billing Cycle:
We will bill You monthly in advance for recurring fees and monthly in arrears for usage-based fees. The first invoice You receive may include prorated charges for the initial partial month of Service.
8. Domain Name Fees
All domain registration and maintenance fees are Your responsibility and may be billed directly by InterNIC or the applicable registrar.
9. Software
If We provide software, You are granted a non-exclusive, non-transferable license for use during the Service Period on Provider-approved hardware. You agree to:
- Not copy, modify, reverse-engineer, or create derivative works; and
- Maintain one backup copy for emergency use only.
The software remains the property of Evolution Fiber and its licensors.
10. Return of Equipment and Software
Upon termination or expiration of the Service, You must return all equipment and software provided by Us in good working condition (except for normal wear and tear). You must contact Customer Support to request a return label, which will be provided to You at no cost. All items must be shipped using the provided return label via a certified carrier, and You must retain tracking information. Failure to return equipment within ten (10) days will result in a charge equal to the undepreciated value of the equipment plus applicable fees.
11. Acceptable Use Policy
You must comply with Our Acceptable Use Policy. If violated, We will provide written notice. If not resolved within five (5) business days, We may demand the remaining contract balance within ten (10) business days.
12. Agreement Acceptance
By using the Service, You accept these Terms & Conditions. This Agreement may be executed via fax, email, or electronic signature and shall be treated as an original.
13. Confidentiality
You agree not to disclose pricing, terms, or Service-related information to third parties without prior written consent.
14. Servicemember Protections
Nothing in this Agreement limits Your rights under the Servicemembers Civil Relief Act (SCRA).
15. Termination by Provider
We may terminate this Agreement, in whole or in part, by providing written notice in the following circumstances:
For Cause (immediate termination):
- Unlawful or network-threatening use of the Service
- Failure to pay as described in Section 7
- Material breach of this Agreement not cured within ten (10) business days of notice
For regulatory or technical reasons:
- With 30 days’ notice if continued service is not possible due to external circumstances
For convenience:
- With 90 days’ written notice for any reason
If terminated for cause, You remain responsible for all unpaid amounts and early termination fees. If terminated for convenience or technical reasons, You are responsible only for charges up to the termination date.