Residential Terms & Conditions

1. Definitions

“Customer,” “you,” or “your” means the individual whose name appears on the Phonoscope Inc. (“Phonoscope”) account.

“Services” means the residential video, high‑speed internet, voice, support, and mobile application services that Phonoscope (or its Texas‑licensed affiliates) makes available at your service address inside the City of Houston or unincorporated Harris County, but excludes (i) any enterprise‑class, wholesale, or managed services provided under a separate written agreement and (ii) any customer‑owned or third‑party equipment.

“Equipment” means any gateway, set‑top box, modem, router, ONT, cabling, or other device that Phonoscope owns or rents to you for use with the Services.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS.

‍2. Incorporated Documents

This Agreement incorporates by reference the following, as each may be amended from time to time:

*Additional Terms of Service located at https://www.phonoscopefiber.com/policy#terms (collectively, the “Additional Terms”).

*Privacy Policy located at https://www.phonoscopefiber.com/policy#privacy (the “Privacy Policy”).

By using the Services after notice of any change, you accept the updated terms.

3. Term & Subscription

Your subscription begins on the earlier of (a) the date of installation or (b) the date Services first become usable (the “Activation Date”).  The initial term is twelve (12) months (the “Initial Term”).  After the Initial Term, the subscription renews annually unless either party gives at least thirty (30) days’ notice of non‑renewal.

‍4. Payment of Charges

*Due Date. All monthly recurring charges are due fifteen (15) days after the invoice date (“Due Date”).

*Late Fee. Balances unpaid as of the Day 16 incur a late charge equal to the lesser of 1.5% of the outstanding balance or the maximum rate permitted by Tex. Fin. Code § 302.002.

*Returned Payment. A $30.00 returned-payment fee applies to any dishonored check, ACH, or card chargeback.

*Application of Payments. Payments are applied to the oldest outstanding charges first.

*Cross-Default. Any delinquency on any Phonoscope account (residential or business) in your name constitutes a default on all accounts, and Phonoscope may suspend or terminate all Services until every account is brought current.

5. Fees & Taxes

You must pay all applicable federal, state, municipal, and local taxes, franchise fees, 911 fees, regulatory fees, broadcast or sports programming surcharges, and similar assessments that authorities impose on the provision of the Services or Equipment.

Additional non-recurring fees may apply, including installation, relocation, reconnection, early termination, truck roll, payment-assistance, and collection fees, each at Phonoscope’s then-current posted rates.

‍6. Early Termination

If you terminate the Services before the end of the Initial Term for any reason other than Phonoscope’s uncured material breach, you must pay—a liquidated-damages charge—$150.00 plus all accrued but unpaid usage-based charges. The parties agree this amount is a reasonable estimate of Phonoscope’s costs and not a penalty. The fee is waived if you provide written proof of a permanent move outside any Phonoscope-served area.

‍7. Force Majeure

Phonoscope is excused from performance—and no credits are due—if a failure or delay results from causes beyond its reasonable control, including acts of God, hurricanes, floods, fires, winter storms, lightning, power failures, utility curtailments, fiber cuts, strikes, labor unrest, war, terrorism, civil unrest, governmental orders, pandemics, or the inability to obtain rights‑of‑way, equipment, or materials.

8. Service Limitations & NO WARRANTY

THE SERVICES AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY TEXAS BUSINESS & COMMERCE CODE § 2.316 AND OTHER APPLICABLE LAW.

EMERGENCY CALLS. Voice Service uses VoIP technology and may not function during a power outage, network disruption, or if you relocate Equipment without notice. TO THE MAXIMUM EXTENT PERMITTED BY FEDERAL AND TEXAS LAW, PHONOSCOPE IS NOT LIABLE FOR ANY INABILITY TO COMPLETE 911 OR E911 CALLS.

‍9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHONOSCOPE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, AND LICENSORS (“PHONOSCOPE PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, PHONOSCOPE PARTIES’ AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PHONOSCOPE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

‍10. Customer Indemnification

You agree to defend, indemnify, and hold harmless the Phonoscope Parties from and against any third‑party claims, damages, or expenses (including reasonable attorneys’ fees) arising out of (a) your use or misuse of the Services or Equipment, (b) content transmitted, received, or stored by you, or (c) your breach of this Agreement.

11. Termination by Phonoscope

Phonoscope may suspend or terminate any or all Services after seven (7) days’ written notice if you (i) fail to pay charges when due, (ii) violate applicable law, or (iii) engage in conduct that interferes with Phonoscope’s network or the use of the network by others.

12. Dispute Resolution & Binding Arbitration

a.  Informal Resolution.  Before either party initiates arbitration, that party must send a written Notice of Dispute to the other and allow thirty (30) days to resolve the matter.  Notices to Phonoscope must be mailed to Phonoscope Inc., Attn: Legal Dept., 10555 Westoffice Drive, Houston, TX 77042.

b.  Arbitration.  If unresolved, any dispute, claim, or controversy (excluding individual small‑claims matters) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect on the date a demand is filed, as modified herein.

c.  Location & Procedure. The arbitration shall be held in Harris County, Texas unless you elect (i) telephonic or (ii) document‑only proceedings where the amount in controversy is $50,000 or less. A single neutral arbitrator shall render an award within the time limits set by the AAA rules.

d.  Small Claims You or Phonoscope may bring an individual action in a Texas Justice Court for claims not exceeding USD $20,000 (exclusive of interest and costs) in lieu of arbitration.

e.  Class Waiver.  NO CLASS ACTIONS.  The parties agree to bring claims only in their individual capacities; class, representative, private attorney general, or consolidated proceedings are waived and prohibited.

f.  Costs.  Phonoscope will pay the AAA filing, administrative, and arbitrator fees for claims of USD $10,000 or less.  For higher amounts, fees are allocated per AAA rules, subject to the arbitrator’s authority to reallocate fees if your claim is found non‑frivolous under Federal Rule 11.

g.  Governing Law. The Federal Arbitration Act governs the arbitrability of all claims; Texas substantive law governs all other issues.

13. Governing Law & Venue

Except as pre‑empted by federal law, the laws of the State of Texas, without regard to its choice‑of‑law rules, govern this Agreement.  Subject to § 12, exclusive venue for any allowed court proceeding is state or federal court located in Harris County, Texas, and the parties submit to such courts’ personal jurisdiction.

14. Severability

If any provision of this Agreement is held unlawful or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be re‑interpreted to the maximum extent permitted to effect its original intent.

15. Modification

Phonoscope may modify this Agreement by providing thirty (30) days’ advance written or electronic notice.  Continued use after the effective date constitutes acceptance.

16. Entire Agreement

This Agreement (together with the Additional Terms and Privacy Policy) constitutes the entire understanding between you and Phonoscope and supersedes any prior or contemporaneous oral or written agreements regarding its subject matter.

BY ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.