Terms and Conditions

Updated: May 1, 2022

 

Introduction

Welcome to the Consolidated Smart Systems Terms and Conditions site.  The following terms and conditions govern any and all agreements between Consolidated Smart Systems (also dba Smartaira), also referred herein as “SMARTAIRA”, and any person who has been signed up as an authorized customer, hereafter referred to as “CUSTOMER”.  When SMARTAIRA and CUSTOMER are referred to jointly they will be listed as “PARTIES”. By using our Services, you are agreeing to these terms and conditions.

 

Definitions

A) “Cable Service” – Video and/or audio programming services such as basic, standard, digital and premium services, services provided on a per-channel or per-program basis, pay-per-view or VOD that are provided via coaxial cable service.

B) “Computer” – CUSTOMER’s personal laptop or desktop computer, tablet, or pad used to access the internet service.

C) “Customer equipment” – Any equipment that is owned by the customer, that of which SMARTAIRA may or may not service. This includes but is not limited to modems, routers, Wi-Fi extenders, AT&T/DirecTV receivers, televisions, telephones, wireless adapters, laptops, and computers, audio or video equipment.

D) “Customer Premises Equipment” – Any equipment provided by SMARTAIRA for use by the customer in their unit that is still owned by SMARTAIRA. This includes but is not limited to modems, routers, Wi-Fi extenders, SuperPods, amplifiers, power supplies, and VOIP adapters (ATA).

E) Digital Satellite Service – Video and/or audio programming services such as digital, high definition, ultra-high definition, 4K, and premium services, services provided on a per-channel or per-program basis, pay-per-view or VOD that are provided via digital satellite systems.

F) “HSD Service” and “High Speed Data Service” – Mean the online content, features, functions and Services (which may include Internet access) of the ISP or OLP selected by CUSTOMER, as provided over SMARTAIRA systems.

G) Latency – Latency is a term that refers to the time it takes for information to travel between your computer and your internet destination. It is affected by distance, network congestion, and the devices that it passes through along its journey. High latency, or “lag”, occurs when the time it should normally take for the information to make the trip becomes abnormally long. Most applications, such as email and websites, work well despite average latency. Highly interactive applications, such as multi-player games, do not work well with higher latency.

H)  “Service or Service(s)” – This refers to any of the services that SMARTAIRA provides and bills for such as Smart Care, Internet service, or Smart Squad service.

I) “Technician” – SMARTAIRA Service representative, either telephonic technical support or field service technician.

J) “Unreturned Equipment Fee” – Equipment fee assessed by SMARTAIRA for value of equipment at the current retail rate. CUSTOMER is liable for the replacement cost of said equipment if equipment is not recovered by SMARTAIRA.

K) “Cost Recovery Fee” – A charge assessed by Consolidated, associated with payment of government-imposed fees, and to recover those costs of compliance.

 

Section 1 Service and Authorization

1.1           SMARTAIRA will supply and the CUSTOMER will purchase SMARTAIRA and/or AT&T/DirecTV Service(s), hereafter referred to as “Service” pursuant to the plan selected from any of the following

a) A SMARTAIRA sales representative via telephone

b) An Order Form filled out at a promotional launch event and turned into an account executive

c) An online web submittal

d) Any device activated by the InstantON online portal

 

Section 2 Charges and Payments

2.1           SMARTAIRA shall bill and CUSTOMER shall pay all SMARTAIRA charges subscribed to by CUSTOMER. Payment shall be made on or before the due date of each bill. There is no grace period. Past due amounts are due immediately.

2.2           Late charges are assessed on all unpaid balances and will be applied every month or portion of month that payment is received after the Payment Due Date. On any bill rendered by SMARTAIRA under this Agreement for which timely payment has not been received, CUSTOMER will pay a late payment charge of 18% per annum.

2.3           Past due payments may cause a suspension of Services, if unpaid by the Payment Due Date shown on the statement where the charges first appeared. If Service is disrupted due to non-pay, Service will not be restored until full payments of amounts owed are received. CUSTOMER agrees to pay a Reconnect Fee to reinstate Services.

2.4           CUSTOMER agrees to pay SMARTAIRA the full replacement cost for any damage to or loss of equipment provided to CUSTOMER by SMARTAIRA (e.g. customer premises equipment) and hereby authorizes SMARTAIRA to charge CUSTOMER’s credit or debit account for said replacement cost and/or any other charges owed to SMARTAIRA. CUSTOMER is obligated to return equipment within 10 days after Service cancellation or disconnection. CUSTOMER account will be invoiced on the day of cancellation or disconnect.

2.5           CUSTOMER is liable for the replacement cost of said equipment at current retail value. CUSTOMER agrees SMARTAIRA has title and ownership of said equipment and that said equipment must be utilized exclusively as SMARTAIRA intends.

2.6           If CUSTOMER returns equipment after the 10-day return period, SMARTAIRA will refund the Unreturned Equipment Fee to the method of payment used. However, CUSTOMER is liable for a restocking fee.

2.7           CUSTOMER payment made by physical check, received through the mail or SMARTAIRA lockbox, may be converted to an electronic/ACH debit at SMARTAIRA discretion. In such a case, CUSTOMER’S original check will not be returned. Also, funds may be debited from CUSTOMER’S bank account on the same day the payment is received. CUSTOMER may choose to “opt-out” of the electronic/ACH debit conversion process, please contact SMARTAIRA customer billing department at billing@smartaira.com. SMARTAIRA reserves the right to charge CUSTOMER a Check Processing Fee for physical checks mailed.

2.8           SMARTAIRA has moved to paperless billing and now provides emailed invoices free of charge. If CUSTOMER requests physical mailed paper invoices, SMARTAIRA reserves the right to charge CUSTOMER a Paper Invoice Fee. CUSTOMER may view and download invoices via the SMARTAIRA Customer Portal at https://portal.smartaira.com.

2.9           SMARTAIRA will not provide CUSTOMER any refunds on overpayments or credit balances totaling ten dollars or less. Credit balances over ten dollars will be refunded upon CUSTOMER request. Such requests must be made within ninety (90) days of termination of Service(s).

2.10         Monthly recurring Service charges are billed one month in advance.

2.11         Prices and fees are subject to change without advance notice.

2.12        Call usage and toll charges are billed in arrears.

2.13         There is a $25.00 charge for all checks returned to SMARTAIRA as unpaid.

2.13         CUSTOMERS will be required to provide a valid debit or credit card for payment going forward if payment is returned.

2.14         SMARTAIRA is not responsible for payment of individual residential DirecTV accounts. Once installed and activated CUSTOMER is responsible for payment of AT&T/DirecTV account to continue programming.

2.15         If you have any questions regarding your monthly statement please email us at billing@smartaira.com, or write us ON A SEPARATE PIECE OF PAPER, no later than 30 days after the original billing date on your statement. Phone calls and notations that you make on your checks or material accompanying your statement will not secure your rights. You can mail your inquiries to Consolidated Smart Systems, 620 W 135th Street, Gardena, California 90248.

2.16        Automatic Bill Pay: CUSTOMER agrees to sign up for Automatic Bill Pay (ABP) upon rendering services from SMARTAIRA. This policy is mandatory for all SMARTAIRA customers, unless otherwise noted.

 

Section 3 Authorizations

3.1           CUSTOMER hereby authorizes SMARTAIRA to act as an intermediary agent with AT&T/DirecTV while arranging the installation of Services.

3.2           CUSTOMER hereby authorizes SMARTAIRA to act as an intermediary agent with AT&T/DirecTV while providing any repair Services.

3.3           Granting SMARTAIRA Permission to Enter (PTE) to CUSTOMER’s unit authorizes our technician to complete any and all installation and Service repairs as needed. The customer is responsible for notifying the property and following the properties guidelines for PTE access of vendors. If the technician is not allowed access on the scheduled date and time CUSTOMER may be charged a Missed Appointment Fee. It is the responsibility of CUSTOMER to contact SMARTAIRA to cancel or reschedule appointment up to 24 hours prior to CUSTOMER appointment date and time.

 

Section 4 Termination

4.1           CUSTOMER may terminate SMARTAIRA provided Service(s) at any time via telephone. A SMARTAIRA agent will try to reach out to CUSTOMER and confirm the termination notice, but CUSTOMER may also be notified by email on file.

4.2           CUSTOMER may terminate and discontinue SMARTAIRA Service at any time as COMPANY bills month to month and can be terminated at any time.

4.3           In order to be refunded or prorated upon termination, CUSTOMER must provide a 30-day notice via phone or email. Applicable Services will be prorated upon CUSTOMER request. Proration applies to CUSTOMER account only after 30-day notice has been provided and if customer account exceeds $10.00. See section 2.8.

4.4           If SMARTAIRA reasonably believes CUSTOMER is using Service illegally, unreasonably or in furtherance of any unlawful activity, SMARTAIRA may terminate customer Service(s) immediately.

4.5           In the case that CUSTOMER has moved out and failed to notify SMARTAIRA to cancel account and account continues to bill automatically SMARTAIRA will refund a total of three (3) months of payments to customer once the move-out date can be verified.

4.6           COMPANY reserves the right to terminate service(s) of CUSTOMER at any point, providing a 30-day written notice. Upon service termination, CUSTOMER is responsible for returning all SMARTAIRA equipment. (See Section 2.4)

 

Section 5 Interruption of Service and Out-of-Service Credit

 5.1           Interruptions, disconnections, errors, or other Out-of-Service conditions may occur. If a Service interruption, error, performance failure, or some other out-of-Service condition occurs and lasts more than twenty-four (24) consecutive hours after CUSTOMER gives SMARTAIRA notice of such out-of-Service condition, except for problems caused by CUSTOMER’s actions, inside wiring, or customer equipment (CPE), an out-of-Service credit will be applied to the CUSTOMER’s bill.

5.2           The credit shall be based on a thirty day (30) month and shall be calculated by: (a) dividing the monthly rate of the SMARTAIRA Service affected by thirty (30) days; and then (b) multiplying the daily rate by the number of days, or major fraction thereof, that the SMARTAIRA Service was interrupted. SMARTAIRA DOES NOT WARRANT THAT SMARTAIRA SERVICES ARE ERROR FREE AND EXCLUDES ALL WARRANTIES OF WHATEVER KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3           If interruption of Service is due to non-pay, please refer to section 2.3

 

Section 6 Infringement

6.1           The Digital Millennium Copyright Act (DMCA) (See Section 6.4) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. Infringements have a variety of requirements depending on the type of Infringement or reporting agency. As the registered owner of the infringing IP addresses, SMARTAIRA is required to take necessary measures to mitigate such infringements and support DMCA compliance.

6.2           SMARTAIRA receives a Copyright Infringement Notice and assesses an Infringement Fee to accounts as follows:

a) Service is suspended due to Infringement and Customer is notified of this via email.

b) Each offense may impose a fee of up to $50.00

c) By paying the $50.00 Infringement Reconnection Fee, CUSTOMER acknowledges the Infringement Warning Notice.

6.3           Our goal is not to disconnect customers; therefore this process is scrutinized prior to being executed. If CUSTOMER is issued three Copyright Infringement warnings, then SMARTAIRA reserves the right to terminate customer Service indefinitely and/or permanently.

6.4           The Digital Millennium Copyright Act  (DMCA)

 

Section 7 Smart Care Plans

7.1           SMARTAIRA Consolidated Smart Systems (SMARTAIRA) is responsible for the maintenance of our Master Satellite Systems and Internet Distribution Systems at communities we service. That makes SMARTAIRA responsible for all system related and system wide outage repairs. SMARTAIRA is not responsible for non-system related issues or individual unit or home issues.

7.2           Smart Care is REQUIRED for ALL Internet accounts where customer is provided SMARTAIRA equipment.

a) Customer may use their own personal internet equipment and opt-out of Smart Care.  See 7.3 regarding truck roll fees.

7.3           If CUSTOMER declines SMARTAIRA’ Smart Care Plan, CUSTOMER must pay a $100 Truck Roll Fee (price subject to change) to dispatch a technician. Technician will attempt to diagnose any Service issue. If the issue is SMARTAIRA system-related or outage-related, this Truck Roll Fee will be refunded to the CUSTOMER payment method within 24-48 hours of Service call. Refunded payment could take 3-5 days to reflect on the CUSTOMER account. If the Technician diagnosis is not system-related or outage-related the fee will not be refunded to CUSTOMER.

a) CUSTOMER may opt into a Smart Care Plan at any time, including when CUSTOMER calls in for a service call. As an alternative to the $100 Truck Roll Fee, CUSTOMER must pre-pay for the Annual Smart Care Plan, paying for the annual charge and the install/transfer order will be covered. CUSTOMER must be enrolled in Automatic Bill Pay via ACH or Debit or Credit Card.

7.4           Existing CUSTOMER’s who have no Smart Care plan, calling in to request an install of additional equipment or to request a transfer of services from one unit to another may:

a) Pre-pay for the Annual Smart Care Plan (VIDEO ONLY) and the

install/transfer order will be covered. OR

a) Opt into the monthly Smart Care plan, wherein an account is required to be set up on auto payment using a Debit or Credit card. CUSTOMER pays fees for install/transfer. OR

b) Refuse to opt into Smart Care plan. CUSTOMER is required to pay applicable install fees for service(s) being installed or transferred. Refer to Section 7.3.

7.5           If Smart Care balance is past due. The following guidelines apply:

a) Account is 1-60 days past due: CUSTOMER is informed about past due balance; account must be brought up to date and put on auto bill pay before the agent can schedule a ticket.

b) Account is 61 or more days past due: CUSTOMER is notified that the Smart Care Plan has lapsed, and they must pay a $100 Truck Roll Fee. This payment will zero the balance of the Smart Care account balance and cover the requested truck roll. This truck roll fee is non-refundable. If the CUSTOMER would like to opt in again for the Smart Care Plan, they may with auto bill pay and will cover future service calls as long as Smart Care remains on CUSTOMER account.

7.6           Exceptions for no Smart Care Plan.  There are three exceptions in which SMARTAIRA will roll a truck without pre-payment of the truck roll fee.

a) Previous Work – If a CUSTOMER has had a visit from a SMARTAIRA technician in the last 30 days and the service call is related to the work performed no truck roll fee will be collected.

b) Suspected Outage – If when CUSTOMER calls in there are two (2) or more calls from the same location or if there is already a known outage no truck roll fee will be collected, and a ticket can be made for tracking purposes.

c) Reoccurring Issue – If CUSTOMER has had several calls regarding the same issue within the last 45 days, no truck roll fee will be collected.

7.7           Annual Smart Care Plans (Video Only) are non-refundable or prorated if CUSTOMER cancels before the end of the term of coverage.

7.8           If CUSTOMER calls to cancel monthly Smart Care Plan within the first six months of service CUSTOMER will be charged applicable install fees that were waived when Smart Care Plan was started.

7.9           System-related issues and system-wide issues are defined as but not limited to: Satellite dishes, dish alignment, distribution cabling – that is cabling from the satellite dish to the junction box or cabling connecting junction boxes, passive devices, polarity lockers, amplification devices, power supplies/inserters, SWM, multiplexers, switches, nodes, taps, routers, servers, patch panels, CMTS devices.

7.10         Non-system related issues are defined as but not limited to: receiver failure, WVB failure, CCK Failure, modem failure, router failure, in-wall cabling, in residence cabling, power related failures, property power surge or outage, damaged equipment or cabling due to vandalism/abuse/misuse, battery replacement, TV input issues, TV or receiver set incorrectly by customer, reprogramming of remotes, SSID issues or reprogramming, re-connecting devices to Wi-Fi, DirecTV software download related failures, damage to equipment or cabling by pets, movement of the equipment after the initial install, access card removed/missing/damaged, equipment power cords, customer equipment (personal router, modem, video equipment) failures, customer computer issues, reinstallation of equipment for any reason, reconnection of services after a non-pay disconnection, rescheduling of appointments due to no one being home or no adult present at time of tech arrival, rescheduling due to televisions not present at time of install, equipment that cannot be replaced via DirecTV’s equipment replacement program (i.e. equipment that is outdated such as Hughes models), and customer education.

7.11         Issues not covered by warranty or Smart Care includes but are not limited to: In-wall cabling repairs, damaged equipment or cabling due to vandalism or abuse, battery replacement, equipment that cannot be replaced via DirecTV’s equipment replacement program (i.e. equipment that is outdated such as Hughes models).

 

Section 8 Limitation of Liability

8.1           SMARTAIRA SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFITS OR LOSS OF BUSINESS WITH THE EXCEPTION OF THE LIABILITIES SET FORTH IN SECTION 5 OF THESE TERMS AND CONDITIONS.

8.2           SMARTAIRA shall not be held responsible for any termination or cancellation fees incurred by any prior service providers used by CUSTOMER.

 

 Section 9 Force Majeure

9.1           With the exception of payment of charges due under these Terms & Conditions, SMARTAIRA shall be excused from performance if its performance is prevented by acts or events beyond its control including but not limited to; severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; or act of legislative, judicial, executive, or administrative authorities.

 

Section 10 Non-Waiver

10.1        The failure of either party to enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of its right to assert or rely upon such provision of these Terms & Conditions

 

Section 11 Governing Law

11.1       Interpretation of these Terms & Conditions shall be governed by the laws of the State of California. Any cause of action arising from these Terms & Conditions shall be brought in a federal or state court with appropriate jurisdiction in the City of Los Angeles, State of California.

 

Section 12 Successors and Assigns

12.1        These Terms & Conditions bind the Parties, their successors, and their assigns. Either Party may assign its rights and delegate its duties under these Terms & Conditions with the express, written permission of the other party, which permission shall not unreasonably be withheld;  provided, however, that SMARTAIRA may assign its rights and delegate under the agreement to its parent, a subsidiary, or any affiliate without prior, written permission.

 

Section 13 Offerings

13.1        CUSTOMER agrees SMARTAIRA may change speeds, pricing and other applicable limits or terms of any tiers by amending the prices, aspects and features of the HSD Service at any time and from time to time. Your continued use of the HSD Service will constitute acceptance of any new and revised limits and terms.

13.2        Price increases are to be implemented at COMPANY discretion.

13.3         It is the responsibility of the CUSTOMER to request a review of CUSTOMER pricing on account and up to COMPANY discretion to adjust CUSTOMER pricing, where applicable.

13.4        CUSTOMER accounts will not be retroactively refunded.

13.5        Not all advertised speed and pricing is available in all areas.

13.6        New customer promotions are not available to existing customers.

13.7        If an existing CUSTOMER cancel Service with SMARTAIRA, CUSTOMER is not eligible for new SMARTAIRA promotions and pricing if CUSTOMER creates new SMARTAIRA account within 12 months of original account disconnect or termination.

 

Section 14 DIRECTV

14.1        CUSTOMERS with any DIRECTV-related programming or billing issues shall always direct concerns to DIRECTV at 1-866-258-8766 .

14.2        SMARTAIRA will not and cannot provide a credit for DIRECTV programming or Services. SMARTAIRA will notify DIRECTV of SMARTAIRA system issues and outage information if requested.

14.3         DIRECTV services must be cancelled by calling DIRECTV at 1-866-258-8766 and talking to an authorized DIRECTV operator.  DIRECTV may require DIRECTV equipment be returned to them.  SMARTAIRA technicians will not take possession or responsibility for any DIRECTV equipment that is attempted to be returned to them.

14.4        Beyond the above terms, changes of ANY kind pertaining to DirecTV services including, but not limited to, programming, pricing, promotions, packages including HD access, HBO, and Showtime, or any other features as related to DIRECTV, is the responsibility of the CUSTOMER. Should CUSTOMER have any issues with changes mentioned above, CUSTOMER must notify DIRECTV by calling DIRECTV at 1-866-258-8766.

 

Section 15 AT&T TV or AT&T Internet Service(s)

 

15.1         CUSTOMERS with any AT&T TV or AT&T Internet-related installation, service or billing issues shall always direct concerns to AT&T at 1-800-288-2020.

15.2         SMARTAIRA will not and cannot provide a credit for AT&T Service(s).

15.3         AT&T services must be cancelled by calling AT&T at 1-800-288-2020 and talking to an authorized AT&T operator. AT&T may require AT&T equipment be returned to them. SMARTAIRA does not take possession or responsibility for any AT&T equipment that is attempted to be returned to them.

15.4         Beyond the above terms, changes of ANY kind pertaining to AT&T service(s) including, but not limited to, programming, pricing, promotions, packages or any other features as related to AT&T TV or AT&T Internet, is the responsibility of the CUSTOMER. Should CUSTOMER have any issues with changes mentioned above, CUSTOMER must notify AT&T by calling AT&T at 1-800-288-2020.

 

Section 16 VoIP and Residential Phone Service

16.1         FCC rules require that IP-based phone providers remind CUSTOMER about these important 911 facts: SMARTAIRA needs a correct service address to deliver your proper location information to E911.

16.2        If CUSTOMER moves phone equipment to a different address, call SMARTAIRA at 310-974-8776.

16.3        SMARTAIRA Phone uses the electrical power at CUSTOMER service address home. CUSTOMER may not be able to make 911 calls if there is a power outage, network or other technical problems, or if your SMARTAIRA Phone service is terminated or suspended.

16.4        CUSTOMER agrees that SMARTAIRA will not be responsible for any losses or damages arising as a result of the unavailability of the Telephone Service, including the inability to reach 911 or other emergency Services, or the inability to contact any CUSTOMER home security system, fire alarm system or remote medical monitoring service provider. CUSTOMER acknowledges that SMARTAIRA does not guarantee that Telephone Service will operate with CUSTOMER home security, fire alarm and/or medical monitoring systems, and that CUSTOMER must contact CUSTOMER home security or medical monitoring provider in order to test CUSTOMER system’s operation with the Telephone Service. CUSTOMER agrees that CUSTOMER is responsible for the cost of any such testing or any fees for configuring CUSTOMER home security, fire alarm or medical monitoring system to work with the Telephone Service.

 

Section 17 SuperPod, powered by Plume

17.1        As a subscriber of service with SMARTAIRA, in partnership with Plume, CUSTOMER agrees to the Terms and Conditions and End User  License Agreement outlined by Plume and listed here: https://www.plume.com/homepass/legal?tabId=EULA&countryId=us

17.2        The Plume SuperPod is the property of SMARTAIRA and will be returned to SMARTAIRA once the CUSTOMER terminates service.