Terms & Conditions

  1. Services. The Customer agrees to purchase (DSL) Digital Subscriber Line, and/or Internet access services (“Services”) from Firstgate.net. In addition to the equipment provided by Firstgate.net, the customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. The Customer shall be responsible for ensuring that such equipment is compatible with the Services.  The Services provided by Firstgate.net are for the sole use of the Customer and not for resale of any kind without the prior written consent of Firstgate.net, which may be given at its sole discretion. In the event the Customer attempts to resell the Services, Firstgate.net may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.

  2. Billing. The Customer agrees to pay Firstgate.net for Services at the price specified in the attached service order form. The initial partial-month service charge will be pro-rated. Such amount and installation charge, if any, is billed to the Customer or charged to the credit card given on the service order form when Services are successfully delivered. For each month thereafter, the recurring monthly service charge is due on the 1st day of the month. Monthly service charges are non-refundable. A security deposit, if required, will be billed to the customer or charged to the credit card given on the service order form when the CPE (Customer Premise Equipment) is delivered. The Customer agrees to pay a fee of $25.00 for each insufficient fund check. The Customer will be subject to a late payment fee of 1.5% per month of the outstanding balance on the Customer’s account or $25 dollars; whichever is greater (not to exceed the maximum rate permitted by law). The Customer agrees to pay all charges to the Customer’s account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide Firstgate.net with accurate and complete billing information, including Customer’s legal name, address, telephone number and credit card information. The Customer agrees to report to Firstgate.net all changes to this information within thirty (30) days of any change, including any change in the expiration date of the Customer’s credit card. If payment is not received by Firstgate.net within fifteen (15) days from the due date, a Customer’s account is considered delinquent and the Customer is responsible for all attorney and collection fees arising from our efforts to collect any unpaid balance. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of FirstGate.Net without prior notice.

  3. Intended Use of the Services. The Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to Firstgate.net’s Acceptable Use Policy (“AUP”) as set forth on Firstgate.net’s web site at http://www.firstgate.net. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. 

  4. Disclaimer of Liability. Firstgate.net operates state of the art enterprise class network and equipment. However, because the Internet is not controlled by a single entity, Firstgate.net makes no warranties of any kind, express or implied, regarding the usability or suitable for a particular purpose. Use of any information obtained though Firstgate.net’s network is at customer’s own risk. Under no circumstances shall the customer hold Firstgate.net liable for any form of damages or loses suffered from, but not limited to errors, delays, non-deliveries, miss-deliveries or service interruptions caused by the customer, Firstgate.net or a third party’s negligence fault, misconduct or failure to perform. The Customer understands that Services may be temporarily unavailable for scheduled or unscheduled maintenance and for other reasons within and outside of the direct control of company. Under no circumstances do any such errors, delays, interruptions in service, or loss of information nullity or modify this agreement.

  5. Privacy/Monitoring the Services. Firstgate.net is under no obligation to monitor the Services. However, Firstgate.net reserves the right to do so from time to time. Firstgate.net may disclose information regarding the Customer’s use of the Services for any reason, and at its sole discretion, in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect Firstgate.net and its customers.

  6. Terms/Termination. The Customer agrees to maintain the Services for the duration of the initial term specified in attached service order form. The Customer may terminate the Services by providing a thirty (30)-day written notice. The written notice must be mailed to: Firstgate.net, Attn. Cancellation Department, 32 Broadway, Suite 514, New York, NY 10004,  faxed to (212) 809-6630 or e-mailed to support@firstgate.net. Fail to provide the written notice will result in renewal of successive periods equal to initial term. Rental equipment, if any, must to be returned to Firstgate.net within 14 days of termination of the Services for deposit refund. If the Customer terminates Services prior to completion of the term commitment, the Customer agrees to pay the full amount due of the remaining monthly service charges, any promotional credit, discount, waived fee, equipment fee and cancellation fee as specified in section 10.    

  7. IP Addresses. Firstgate.net will provide IP addresses specified in the attached service order from. Additional IP addresses may be requested for an additional charge(s).  IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Firstgate.net and/or the American Registry for Internet Numbers (ARIN).

  8. Moving Policy.  If DSL service is available at the Customer’s new location, the Customer may be charged an installation fee in the event a new line needs to be provisioned.  Customer may be charged for a new modem or router if there is a change in carrier that requires a new modem or router. Customer will not be eligible to receive the same promotion at the new location if the promotion the customer original received expired. If DSL service is not available at the Customer’s new location, Firstgate.net will cancel the Customer’s service agreement after the customer provides Firstgate.net with written notice. In the event the Customer is unable to obtain the Customer’s current level of service at the Customer’s new location, and at the same price point, the Customer can elect not to accept alternative service, in which case the Customer will be treated as if no DSL service were available at the Customer’s new location.

  9. CPE.  In the event Firstgate.net provides free rental for Customer Premises Equipment (CPE), the Customer agrees to pay a security deposit at the price outlined in the attached service order form when the CPE is delivered.  CPE rented to the Customer is and will always be the property of Firstgate.net and must be immediately returned upon request.  In case the provided CPE is damaged, or changed from its original state, Firstgate.net will use the security deposit to offset the CPE cost. If CPE is returned in good condition after contract termination, the security deposit will be refunded upon return of the equipment.

  10. Other Fees (if applicable.)
    Field Technician Dispatch………$125.00 Per Hour
    Missed Appointment……………………….$200.00
    Downgrade of DSL Speed…………………$250.00
    Disconnect/Cancellation Fee (per circuit)….$200.00
    Reactivation Fee……………………………$100.00
    Insufficient Funds Check…….…$ 25.00 Per Check

  11. Additional Terms and Conditions. Firstgate.net may, from time to time, send e-mail messages or other forms of communication to the Customer containing advertisements, promotions and etc., which may be offered by third parties. Firstgate.net makes no representation or warranty with respect to the content of any such third party communications or goods or services which may be obtained in response to such communications and the Customer agrees that Firstgate.net shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writing by Firstgate.net. Additionally, Firstgate.net’s web site may contain links to web sites operated by parties other than Firstgate.net. Such links are provided for your convenience only. Firstgate.net does not control such web sites and is not responsible for their contents. Firstgate.net’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

  12. Entire Agreement. The Service Order Form and Terms and Conditions, and Acceptable Use Policy (AUP) contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. Terms and Conditions may be modified from time to time by Firstgate.net and the latest version may be found at http://www.firstgate.net. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  13. Assignment. All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of the Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of the Customer or Firstgate.net shall be assigned or delegated without the prior written consent of Firstgate.net. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, Firstgate.net may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.

  14. Indemnification. The Customer shall indemnify and hold Firstgate.net harmless against any and all claims, losses, damages and liabilities sustained by Firstgate.net resulting from, arising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of the Customer contained in these Terms and Conditions.

 
















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