Terms of Service

These Terms of Service (“Terms”) govern your use of the website, customer portal, and residential internet services offered by NextWave Internet (“we,” “us,” or “NextWave Internet”). By creating an account, checking out, or using our services, you agree to these Terms. Have qualified legal counsel review and customize this document before relying on it in disputes or regulatory matters.

1. Eligibility and your account

You must be at least 18 years old and able to form a binding contract. You are responsible for all activity under your account, for keeping your login credentials confidential, and for providing accurate contact and service-address information.

2. Service description

We provide internet access and related services as described on our site, in your order summary, and in plan materials. Service availability, speeds, and performance depend on network conditions, location, equipment, and other factors outside our control. We do not guarantee uninterrupted service or a specific speed at all times unless expressly stated in a written agreement for your account.

3. Fees, billing, and payments

• Recurring billing. Subscription plans renew automatically until canceled according to these Terms and our cancellation process. You authorize us and our payment processor (e.g., Stripe) to charge your selected payment method on each billing cycle.
• Taxes and fees. Amounts may exclude taxes, regulatory fees, surcharges, or third-party pass-through charges where permitted by law.
• Failed payments. If a payment fails, we may suspend or terminate service, retry the charge where permitted, and assess late or recovery fees if disclosed in your plan or required notices.
• ACH. Bank debits are subject to NACHA rules and your financial institution’s terms. You authorize debits in the amounts and frequency described at checkout and in your subscription.
• Price changes. We may change recurring rates with reasonable advance notice where required by law or contract.

4. Purchases, refunds, and sales final

All sales are final. Once you complete checkout and we accept your order, you agree that amounts paid for equipment (if any is sold), shipping, installation, activation, or similar one-time charges are non-refundable except where applicable law requires otherwise.

Subscription fees. Recurring monthly (or other cycle) service fees are earned as service is provided. Except for the limited first-order refund window below, subscription charges are not refundable, including after a billing date passes or after service has been used, unless we agree in writing or law requires a refund.

First order only — limited refund window. If your checkout is the first residential internet subscription order you place with NextWave Internet (we verify by account and payment profile), you may email nextwaveinternetsupport@gmail.com within 14 calendar days after the date on your order confirmation to request a refund of subscription fees actually paid for that first order during that window only (not future cycles). After that 14-day period, no refunds are available under this policy for that order, and second and later orders, renewals, plan changes, or new lines are never eligible for this first-order refund. We may deny the request if service was materially used in bad faith, if equipment was not returned when required, or if fraud or abuse is suspected. This section does not limit chargeback rules or rights that cannot be waived under law.

Charge and billing disputes. For any disagreement about a charge, you agree to follow Section 14 (Dispute resolution) before initiating a chargeback where reasonable.

5. Equipment

Customer premises equipment (including modems and gateways) may be leased, not sold, unless your order states otherwise. Leased equipment remains our property. Return, loss, damage, and non-return charges are governed by our Equipment Rental & Return Terms, which are incorporated by reference.

6. Acceptable use

You agree not to use the service to violate law; harm others’ networks; send unlawful spam; interfere with our network; attempt unauthorized access; resell service without permission; or use the service in a way that unreasonably degrades service for others. We may investigate and take action, including suspension or termination, for violations.

7. Suspension and termination

We may suspend or terminate service for non-payment, risk of fraud or abuse, legal requirement, emergency network operations, or material breach of these Terms. You may cancel according to the flows provided in your account and any written notice requirements. Provisions that by their nature should survive (including fee obligations for amounts accrued, equipment return, and limitations of liability) will survive termination.

8. Disclaimers

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WITHOUT ANY WARRANTY THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NEXTWAVE INTERNET NOR ITS SUPPLIERS OR PROCESSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS. OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IN ANY TWELVE-MONTH PERIOD IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THAT PERIOD (OR, IF GREATER, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

10. Indemnity

You will defend, indemnify, and hold harmless NextWave Internet and its personnel from third-party claims and costs (including reasonable attorneys’ fees) arising from your use of the service, your content or conduct, or your breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.

11. Changes to these Terms

We may update these Terms at any time. The current Terms are always the text posted on this page. We do not rely on a public “effective date” or version stamp on this page for all customers—see the notice at the top of this document. For material changes, we will provide any notice required by law or that we describe in your account, by email, or at checkout. Your continued use of the site, portal, or service after updated Terms are posted may constitute acceptance. For billing disputes and chargebacks, we may still use internal records (including what terms were presented at checkout) to show what you agreed to.

12. Electronic records and signatures

You consent to receive agreements, notices, and billing information electronically. Your electronic acceptance at checkout (including checkboxes) may be used to demonstrate agreement to these Terms and incorporated policies.

13. Third-party services

Payments may be processed by Stripe or other vendors subject to their terms and privacy practices. Your use of those services is also governed by the applicable third party.

14. Dispute resolution

Contact us first. Before filing a formal dispute, chargeback, or court claim (where permitted), you agree to send a written description of the issue, your account email, and the approximate date of the charge to nextwaveinternetsupport@gmail.com with the subject line “Billing dispute” or “Terms dispute,” as applicable.

Our process. We will acknowledge receipt within a reasonable time and work in good faith to respond with our position, any requested documentation, or a resolution. You agree to cooperate by providing accurate information and, where relevant, attempting any reasonable cure we propose (for example, service checks or payment correction) before escalating.

Timing. Nothing in this section prevents either party from seeking provisional or emergency relief in court, or from pursuing rights that cannot be waived by contract under applicable law. If a chargeback or regulatory complaint is filed, we may rely on these Terms and your checkout records.

15. Governing law and venue

These Terms are governed by the laws of the United States and the State of Texas, without regard to conflict-of-law principles that would apply another jurisdiction’s laws. Subject to applicable law, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.

Note: Have counsel set ISP_TOS_GOVERNING_LAW, ISP_TOS_VENUE, and ISP_TOS_LEGAL_ENTITY in .env to match your corporate structure.

16. Contact

Questions about these Terms: nextwaveinternetsupport@gmail.com.