Billing Policy

Last update 01/09/19

 

Usage of Cherry Capital Communications products and services constitutes customer's acceptance of Cherry Capital Communications' billing policy, and all customers must comply with this billing policy.

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• Unless otherwise agreed in writing, all accounts are set up on a prepaid basis, and payment must be received by Cherry Capital Communications before any billable product or service is provided/activated.

• Customers are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees.

• Paper checks are only accepted if you prepay for one year of service or more.  E-checks acceptable.

• Subscription billing is based on availability of products and services, not based on usage.

• Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online through the Customer Portal.

• All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.

• All customers MUST have a credit/debit card on file. In the events the Customer uses the Customer Portal to pay their monthly fees, and Cherry Capital Communications has not received a payment 10 days after the fee is due, Cherry Capital Communications reserves the right to charge the card on file even though it is not set for Auto-Pay.

• All invoices generated after 01/01/17 are available in the Customer Portal.

• A signed reservation form is considered a 12-month commitment once service is established

• Upgrading service speeds is considered a 12-month commitment at the requested speeds once new service speeds are established

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BILLING CYCLE

• Credit/Debit Card Billing: All credit/debit cards are automatically charged on the 1st of the month.

• Late Fee: All past due accounts may be assessed a late fee.

• Delinquent Payments: In the event any payment is 15 days past due the account may be disabled until balances are paid in full. When disabled, all access will be suspended, and data will be unavailable.

• Deactivation: Once an account is delinquent 30 days, Cherry Capital Connection may throttle the connection due to non-payment. Once an account is greater than 90 days delinquent, Cherry Capital Connection may deactivate the service.  In this event of exceeding 90 days of non-payment, the account record and delinquent balance may be submitted to a third-party collection service.

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FEES

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• Returned Checks:

1. Pay amount of Dishonored check, draft plus $25.00 Fee   if paid within 7 days from notice.

2. Pay amount of Dishonored check, draft plus $35.00 Fee   if paid within 30 days from notice. 

If failure to pay either amount indicated above, your services could be disconnected and  you could be liable for: 

        - The full amount of the check, draft

        - Civil Damages of 2 times the amount of the dishonored check, draft of $100, whichever is great

• Collections Fee: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If you change your telephone number or other contact information without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or our collection agent as a result of any attempt to collect any debt through the telephone number or contact information you provided, including any costs or liabilities associated with misdirected calls.

 

• Re connection Fee: In case your service is disconnected due to non-payment (See billing cycle for terms associated with disconnection) or disconnected by request of customer, there will be a minimum $50 re connection fee.  Re connection fees associated with the actual cost of re connection may be assessed.  All re connections after a 45-day period of being disconnected will be a minimum of $200.  These re connection fees are in addition to all past due charges and other fees.

 

• If the Customer fails to give us a 24-hour notice for cancelling/rescheduling a scheduled appointment, the Customer may be charged a $125 nonrefundable fee. This charge is to cover actual expenses associated with the cancelling or rescheduling.

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INTERNET ACCESS SUBSCRIPTION BILLING

Invoices are generated on the 15th of the month and payments are collected on the 1st of each month. Customers must request to cancel their subscriptions at least 30 days prior to their next billing date in order to avoid being charged on the billing date. In the event of cancellation, customers will still have access to their applications through the end of their final billing period. Cherry Capital Communication will not prorate any portion of unused subscription services. All month-to-month subscription fees are nonrefundable.  Refer to separate billing terms for VoIP and other managed services.

 

TERMINATION OF THIS AGREEMENT BY THE CUSTOMER

 

All cancellations are processed once a week on Saturdays, and, customers will receive their confirmation by 5 pm on Saturdays.

 

Creating a Cancellation request: A request to cancel a Cherry Capital Communications service must be initiated at least 30 days prior to the next invoice date. Any request to cancel a Cherry Capital Communications service must be made in writing with a Cherry Capital Communications billing representative at least 30 days prior to the next invoice date. Emailed requests to cancel are acceptable. Customers are encouraged to keep records of all communications regarding cancellation.

A cancellation request is to be mailed to:

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Cherry Capital Communications

Billing Department

PO 866

Elk Rapids, MI 49629

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Simply canceling the credit/debit card associated with an Cherry Capital Communications account does not cancel the account. Cherry Capital Communications will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that you send your request if you wish to initiate cancellation of your Cherry Capital Communications account.

 

Finalizing the Cancellation: After a request to cancel has been initiated, you must receive a confirmation from a member of the billing team to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by billing team, subject to the terms of the "Subscription Billing" paragraph above.

 

Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled.

 

At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.

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CANCELLATION FEE CALCULATIONS

• Customers paying monthly with at least a 12-month commitment: the cancellation fee equals two monthly fees based on month-to-month service commitments or the remainder of the 12-month commitment whichever is less

• Customers subscribed to Seasonal Plans & customers who have prepaid for at least one year: when calculating rates associated with prepaying, these special rates are applied and offered as discounts associated with one-year commitments and Seasonal Plans. No refunds are issued without cause.  Refunds associated with Seasonal and annual prepaid requires General Manager or Cherry Capital Communications management team approval and require cause.

 

REFUNDS​​

• A Refund is to be requested to our billing department in writing either by email or mail. A Refund is to be approved by the General Manager of Cherry Capital Communications within 10 business days. In the events a Refund is approved, a check is to be mailed to you within 30 days.

• A Refund- full or prorated, of a prepaid Subscription of any kind requires cause and must be approved by the Cherry Capital Connection, General Manager or management team.

• Compliance and any other applicable fees are nonrefundable and not subject to credit.

 

CREDIT

• Cherry Capital Communications credits current customers for a referral. A credit is issued only after a successful installation is completed and the new customer has paid for at least one month of service. No more than one credit can be issued per month.  Referral credits are applied to the customers account.  Referral credits are not issues when associated with a Network Neighborhood project.  See web site for referral credit amount.

• Cherry Capital Communications may entitle a credit to a Customer due to lack of service in the following cases:

  • Business Customers: The Customer has been without service for at least 72 consecutive hours. The Customer must send a request for credit to the Billing Department in writing either by email or mail up to 10 days after the service is restored, after that the right for credit is forfeited.  The credit is based on the subscription and the duration of interruption of service. It cannot exceed the value of the monthly subscription.

  • Residential Customers: The Customer has been without service for at least 14 consecutive days. The Customer must send a request for a credit to the Billing Department in writing either by email or mail no later than 10 days after the service has been restored, after that the right of credit is forfeited. The credit is based on the subscription and the duration of interruption of service. It cannot exceed the value of the monthly subscription and it is usually in the range of a $1 per day of no service.

 

Disruption of Service

The service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the service(s) could lead to severe injury to business, persons, property, or environment (“high-risk activities”). These high-risk activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from high-risk activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our immediate control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the premises; failure of any signal at the transmitter; loss of use of poles, or other utility facilities; labor disputes; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, weather conditions, or other acts of god; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the service(s). In all other cases of an interruption of the service(s), you shall be entitled upon a request made within 10 days after the restoration of service after such interruption, to a credit for any service(s) interruption. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such service(s) and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S).

 

CHANGES TO SERVICES
Subject to applicable law, we have the right to change our service(s), Cherry Capital Communications equipment, rates and charges, at any time with or without notice to you. Cherry Capital Communications will make all reasonable attempts to contact customer using the primary e-mail associated with the account.  Additionally, all changes will be reflected on the Cherry Capital Communications web site.  All changes in price generally are posted for 60 days before taking effect.

 

ASSIGNABILITY
This Agreement and the Service(s) furnished hereunder may not be assigned by you. We may freely assign our rights and obligations under this Agreement with or without notice to you.

 

 

Cherry Capital Communications is a Cherry Capital Connection, LLC company.