Terms of Service and Company Policies

The evolution of the Internet has necessitated the implementation of an Acceptable Use Policy to ensure the continued reliability of our network. The following policies and practices are used when providing you with direct internet access and other services. We may change or revise them from time to time in order to keep abreast of changing Internet business practices and will notify you if that occurs.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.  Questions about the Terms of Service should be sent to us at info@bjscommunications.com

We will continue to review our policies and practices as part of our commitment to continually improve the quality of service we provide. We will send you a written notice either by postal mail or electronic mail and this notice will be considered as delivered when:

1. Deposited in the US Postal Service, or
2. Transmitted through electronic mail delivery service from BJ’s Communications.

If you find the change(s) unacceptable you have the right to cancel your service. However, if you continue to receive service after the effective date of the change, we will consider this as acceptance of the changes.  

This website is operated by BJ’s Communications. Throughout the site, the terms “we”, “us” and “our” refer to BJ’s Communications. BJ’s Communications offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Definitions

​”We”, “Company”, “us”, “our” “network” means your Internet company, BJ’s Communications, its employees, or its authorized agents.
“You”, or “your” means the customer identified on the customer sign-up form that was completed to activate your Internet service.
“Service” means the Internet connection, e-mail, telephone service or other service we provide to you.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Payment for Service

Upon order of service, BJ’s Communications will bill you for a full month of service, and will pro-rate the remaining days of the following months bill.  We require that you allow us to debit a credit card, or bank debit card each month on a monthly basis on the 27rd of the month prior to the start of your next monthly service on the 2nd of each month. WE DO NOT ACCEPT CHECKS, MONEY ORDERS, OR CASH FOR MONTHLY SERVICE PAYMENTS.

If your credit or debit card is declined, we will make one additional attempt on the last day of the month.  You can also go online to our website and make a payment with a different card.  If payment is not received prior to the 1st of each month, your account will be suspended until payment is received and could take up to 72 hours to reactivate. We are not responsible for any payments that arrive late due to slow delivery from any electronic or delivery service.

The invoice you receive will show the amount due for a) initial start-up charges including any pro-ration fees, set-up fees, advance payment fees and any hardware purchase fees, or b) regular billing for the successive months service only. Any delinquent amounts due will be reflected on a Statement of Account only. Your invoice may request that you pay by the Statement, which will be enclosed with your regular invoice, that will reflect a total amount due for all service months.

You agree to pay us by the payment method chosen at the time of service activation, by the due date and any payments due us for administrative fees due to late payments or returned check fees. In the event that you cancel service with us voluntarily, or if you are cancelled by us for any reason including, but not limited to non-payment, violation of our Acceptable Use Policy, or other reasons, you agree to return all equipment owned by BJ’s Communications that is in your possession within 30 days of cancellation in good working order. In the event that you do not return this equipment as agreed, you are allowing us to allow us to charge the payment method on file the remaining cost of the equipment.

If your service is disconnected for failure to pay the invoice by the due date, we may require you to pay all past-due charges, a reconnect fee, and a minimum of one month’s advance charges before we reconnect your service.

If there is a billing error you must bring the error to our attention within sixty (60) days of the date of the invoice in question.  

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

14 Day Trial period. If for any reason you are unsatisfied within the first 14 days from activation. You may return The devices for a refund. This does not include days used or activation and shipping fees. We will refund any remaining days left in the billing cycle and refund purchase price of any device. All devices must be returned with all original packaging and in new condition. After 14 days there are no refunds.

Company Changes in Service and Charges

Subject to applicable law, we have the right to change our service and equipment, prices and fees at any time. We may also rearrange, delete, or add to our services provided. If the change affects you, we will notify you of the change and its effective date. The notice may be provided in your monthly bill or by direct electronic-mail notification. If you find the change/s unacceptable you have the right to cancel your service. However, if you continue to receive service after the effective date of the change, we will consider this your acceptance of the change.

After a notice to you of a re-tiering of our services or rate increase, you may obtain changes in service tiers at no additional charge for the change. Otherwise, changes by you of the services you receive may result in upgrade, downgrade, or change of services charges. You may obtain information about our current fees and prices for any of our services by calling our offices and speaking with a customer service representative.

Termination of Service

Thanks for signing up with BJ’s Communications. If you are not entirely satisfied with your purchase, we’re here to help in any way we can.  Please visit us at our Contact Us page on our website with any concerns you may have. You will receive a timely reply to your request.  Please keep this e-mail as proof of receipt of your cancellation notice.  We will request that you provide a copy of this e-mail receipt in the event of any disputes over when the cancellation was requested by you.

You have the right to cancel your service for any reason at any time. All accounts will be terminated at the end of the current month’s service. We do not refund monies for partial month’s services.

1. If you fail to pay your bill when it is due, we have the right to terminate your service.
2. You may not assign or transfer the service without our written consent.
3. You MAY NOT allow neighbors, lessees, renters or anyone else not in your domicile or office to use our service without our receiving additional payment.  
4. The individual policies and practices in this document will continue and apply to your rights and those of the Company after the end of your service.
5. Once the account is terminated it will incur a $99.00 re-connection fee in order to restore services at any time in the future.

If you have any questions on how to return your equipment, please contact us immediately.  It is our wish to keep you as a happy customer and to depart as friends. We strive to do this whenever possible.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Service and Equipment

The Internet continues to offer more and more options to people for things such as voice telephone service and pay per view movie viewing/rentals. Currently BJ’s Communications offers some of these services to its subscribers and we are happy to allow our subscribers to purchase these services from other companies, using our bandwidth to transport these services to you. This has increased our cost to provide Internet services to you. This includes voice telephone service from companies such as Vonage, Skype, and Packet8. This also includes Pay Per View movie downloads such as Sling, Disney+, and Netflix. The Net Neutrality Law requires that we provide unrestricted access to these services at no cost to the company that provides them to you. Because these services increase the demand for bandwidth and infrastructure, we collect government-authorized compliance fees to recoup some of these added costs.  We also collect sales taxes on non-Internet services such as our hardware, etc where required by state or federal law.  We also collect Universal Service Fund fees where required by state or federal law.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

BJ’s Communications provides Wireless Internet networking solutions for Internet access.  Each new service agreement will require an LTE radio with a built in Wi-Fi router, paid for by the customer at a cost of up to $350.  After you purchase the equipment, you are responsible for any and all repair or replacement costs.  BJ’s Communications is not responsible for problems with your individual computer equipment and peripherals, software purchased elsewhere or downloaded from the Internet, and/or any wiring or delivery of service on your side of our equipment and by using this service, you agree to indemnify and hold harmless, BJ’s Communications for any damages, expenses, or other costs due to loss of service or damage to you or your property.

BJ’s Communications will do our best to provide support for any routers that are available for Internet access. There are instances where we cannot provide support for a specific router, and if this occurs, we may recommend that you contact the router manufacturer directly.  Any loss of service due to a router that you provide or purchase, or a computer, TV, gaming device, or any other piece of equipment or wiring that you provide and/or connect to your BJ’s Communications Internet service and/or provided equipment is your responsibility and BJ’s Communications will not be responsible nor will we refund any monies for service not provided in these instances.

NOTE: Apple routers and AirPorts may work on our service, but WE DO NOT provide support for them. In our opinion, Apple routers are very difficult to setup and operate. You DO NOT need an Apple router or AirPort to use your Apple computer. ANY router will work with an Apple computer.
BJ’s Communications makes what it believes is its best effort to provide you with high-quality service. We do not give refunds for service outages that occur for less than one week from the time that you notify us of the service issue. In the event of a dispute over the quality of service, we reserve the right to refund you the current month of service and terminate your service in the hopes that you may obtain service to your liking from a different Internet Service Provider.

This Internet service is provided to you on an unlimited basis.  By your continued use of this service, you acknowledge that we purchase LTE services on a wholesale basis from various LTE carriers and that while download and uploads are unlimited, due to technological limitations of LTE, these carriers may at times de-prioritize your service during peak times or overuse of the service by you or others using your service. De-prioritization means that your service may be placed at a lower response than others on a tower if you hit their specified thresholds for daily downloads and/or uploads.  It will not be limited; ie. you will still be able to use it, however it may lag during games or it may buffer some videos during periods of de-prioritization.

OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS   

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS   

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

INDEMNIFICATION AND SEVERABILITY   

You agree to indemnify, defend and hold harmless BJ’s Communications and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Acceptable Use

Your BJ’s Communications Services Account provides you with direct Internet Access which includes, but is not limited to, the World Wide Web, electronic mail services, and newsgroups. Your use of these services is subject to the following policy. Violations of this policy may result in the termination of your account in accordance with the Agreement and Disclaimer that you accepted upon account registration and in accordance with the policy herein stated and made available to you.

Abuse & Use Policy

This plan is designed to provide service that can often handle multiple devices streaming at once.  It is great for small and medium size families.  Speeds up to 100Mbps depending on equipment used and proximity to towers.

-Unlimited Service (reasonable usage)  

-Average Ping (Latency) under 50ms

-Plan is VPN capable

-VOIP supported

-Over 99% uptime

-Good for live streaming when speeds/capacity allows

-Not intended for streaming more than 2 devices simultaneously

-Defined as excessive data usage (after 400GB or more of usage)

-Not recommended for 4k streaming

-Plan will stream a max resolution of 1080 but resolution will be impacted by final speeds

-Actual speeds will be impacted by your proximity to tower location, obstructions, and area population.

Misuse/Abuse Policy

All of our plans are subject to cancellation for violation of the intended usage policy or the misuse policy of the network carrier.  Service can be cancelled without notice. Violations of misuse policy include but are not limited to, plan sharing or using our plans to provide Internet for multiple residences, use of multiple video gaming systems on a single plan.  Excessive gross data consumption of 450GB or more (BLUE PLAN), large amounts of data consumption over short periods or exceeding 450 monthly (PINK PLAN) and 500gb (RED PLAN),  conducting illegal activities or downloading illegal content.  Gamers that download huge online games beware.  Some of these games approach 100Gb in size.  Downloading many of these games in a short period of time puts you into an abuse category by the Carriers which can cause possible suspension of service. 

Shipping

If your package is stolen or marked as delivered but you did not receive it BJ’s Communications will not be responsible. Refunds are not approved for missing packages that are marked as delivered.  

We can also offer packages with multiple sim cards / accounts that cans spread consumption across both accounts for those that need lots of data. 

14 day trial Period

The 14 day trial applies to services purchased with one of our devices. There is no trial period for the service or sim when using your own device as we cannot guarantee compatibility with your device. Any activation or sign-up fees are non refundable only the device and unused service will be refunded.