Optico Fiber Terms of Service
Optico Fiber services (“Services”) and Optico Fiber equipment are provided by Critical Hub Networks, Inc. (“Critical Hub”), located at 652 Calle Hipodromo, San Juan, PR 00909.
The Optico Fiber Terms of Service (“Optico Terms”) apply exclusively to the usage of Optico Fiber "Services" incorporated with the Acceptable Use Policy and the Subscriber Agreement. In the event anything in Critical Hub’s Terms & Conditions conflicts with any of the Optico Terms as detailed below, the Optico Terms take priority.
By agreeing to Critical Hub Network's Terms of Service ("Terms"), (which includes the Critical Hub’s Terms & Conditions, these Optico Fiber Terms of Service, the Acceptable Use Policy, and the Subscriber Agreement for our products and service), you represent that you are at least eighteen (18) years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may utilize the Services.
By subscribing to or using the Services, you accept and agree to be bound by these Terms.
Communicating with Critical Hub
You agree to receive all communications about the Services and your account via email, including any confirmations, bills for Services and payment receipts. However, in the event that Critical Hub determines that it is necessary to contact you by other means, you also agree that Critical Hub may contact you regarding the Services at the contact points associated with your account, including by direct mail, email, telephone calls, and SMS/text messaging.
Eligibility for Optico Fiber Services
Although we hope to make Optico Fiber available to as many people as possible as quickly as we can, it is up to Critical Hub to determine whether any Services are made available to a particular address.
You may be required to pay a service initiation fee, construction fee, or other similar fee in connection with signing up for Services. Your payment of a service initiation fee, construction fee or any other similar fee for Services to be provided at a particular address does not obligate Critical Hub to provide any Services to a particular address. Service initiation fees, construction fees and other similar fees are subject to change.
If Critical Hub determines that the address at which you receive Services is not a residential address, Critical Hub may require you to transition to another type of account or service in order to continue receiving the Services. This transition may include an increase in fees for the Services.
Critical Hub Network services are non-transferable from one residential address or unit to another.
Social Security Number
Critical Hub requires subscribers to provide the social security number for tax reporting purposes. All subscribers are required to provide a social security number at the time of subscription.
Any subscriber, without their social security number on file, must fill out the W-9 form in the IRS page - https://www.irs.gov/pub/irs-pdf/fw9.pdf then send it via the email associated to the account at firstname.lastname@example.org or by fax at 787-728-9777.
All subscribers must maintain a valid credit card on file. We accept MasterCard, Visa, American Express and Discover. In addition to regular credit cards, we accept debit cards and prepaid debit cards with a Visa®, American Express®, or MasterCard® logo. We do not accept cash, checks or e-check/direct debit for Optico Fiber residential services. Subscribers may also use PayPal through the subscriber portal at https://portal.opticofiber.com/login
To pay the charges for the Services, you will be asked to provide a payment method when you sign up for our Services. This payment method will be automatically debited each month of service. You can access and change your billing information and payment method in Optico Fiber's portal visiting this direct link https://portal.opticofiber.com/login.
You authorize Critical Hub to use any updated account information and/or your payment methods for all charges due in your account. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
Changes to your account which might affect your service charges or fees, must be requested in writing via email to email@example.com or fax 787-728-9777 or by mail. Requests must be signed.
You agree to provide Critical Hub with all the necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed & configured. You agree that Critical Hub may install equipment on the exterior and interior of your residence (including affixing equipment to the outside of your residence) at any reasonable location. You also agree that Critical Hub may use, and that you have the necessary permissions to approve Critical Hub’s usage of existing facilities, including existing wiring in & around your residence, to complete the installation of services.
If you rent or otherwise do not own your residence, you may be asked to provide written evidence that you have received all permissions necessary for Critical Hub to perform installation. If Critical Hub incurs any costs, including legal fees, because you didn’t get the necessary authorization(s) for Critical Hub to install the equipment required for the Services, you are responsible for reimbursing Critical Hub for those costs.
Acceptance of the Terms does not guarantee that Critical Hub will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services
Special Construction Fee
In some special cases, you may be charged a fee in connection with the construction and installation of the equipment necessary to deliver the Services. If you cancel or make certain changes to your Service plan, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid your entire service fee, you agree to pay the outstanding penalty fee balance as of the date of such change, cancellation or termination. Constructions fees are subject to change. Please note, once we commence construction of services in your Fiberhood, you are responsible for the full penalty fee of $300.00. This charge applies for new Fiberhoods and new Multi Dwelling Units.
Critical Hub may provide, rent or resell various equipment – including cables - to you in connection with your Services. If you lose or damage the equipment after installation, Critical Hub may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated, Critical Hub owns all equipment provided in connection with the Services.
You authorize Critical Hub to install software updates & upgrades on any equipment provided by Critical Hub. You also agree not to use the Critical Hub equipment for any purpose other than using the Services.
Some of the equipment Critical Hub may provide, rent or resell are as follow:
Tap Box – a box that Optico Fiber will mount on the exterior of your home to connect the fiber optic cable to our network.
Network Box - An Optical Network Terminal (ONT) designed to be an outlet for internet services for fiber optic technology which connects to the Tap Box. Some models may include WiFi.
Battery Back Up – Designed to power Optico Fiber network boxes temporarily during a power failure. The micro UPS provides surge protection with Li-ion battery technology and on-demand battery backup charging of up to 8 hours or 24 hours. All batteries have a 30-day warranty with Critical Hub, after which, any warranty claims should go directly through the manufacturer (Precision Power). The battery will be property of the client at the moment of purchase.
Using the Services
The Service is a consumer grade service and is not designed or intended to be used for any commercial purpose. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type, capabilities and configuration of the devices using the Service.
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy, which is incorporated into the Terms. You are responsible for all use & activity on the Services, whether such activity is undertaken by you or someone else. Critical Hub reserves the sole discretion to deny or restrict your Service, or immediately suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Subscriber Agreement or other Critical Hub or Optico Fiber policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Optico Fiber network, or violates the terms of the Acceptable Use Policy.
If you are using the Services in a residence or location you do not own or control, you may have agreements related to the Services with the property owners or other third parties outside of these Terms. Critical Hub is not a party to such agreements and we are not responsible nor bound by such agreements.
The Service on the residence has a fee of $300.00 without a contract. This fee will be charged on the day of the installation or activation of the service. This fee will be waived if you subscribe to the service with a term of 24 months (2 years). Any subscriber without a contract who has paid the $300.00 fee will be exempt from cancellation penalty fees. There is a $10.00 deposit fee that will be charged at the moment of subscription that will be credited towards your first month of service once the Services are activated.
If a service contract is cancelled within the first 12 months of service, the penalty fee will be $300.00. If the service is cancelled after the 12 months of the contract, but before the 25th month of service, the penalty fee is $199.00. After the 25th month of services, there is no penalty fee for cancellation
You may be subject to a penalty fee if after forty (40) calendar days of being informed by email that your residence is ready for the installation or activation of the services.
You may be subject to a penalty fee If the account has been suspended for a month due to non-payment of the service. The account will be closed and a penalty fee may be applied including the remaining balance of the account.
All invoices are generated on the first day of each month. Service fees are charged in advanced of the applicable service period.
Critical Hub makes an effort to keep its network secure, but no network security is perfect. While we may offer technical assistance, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps necessary to ensure that your data is not accessed by unauthorized third parties. Critical Hub is not responsible for any damage to subscribers of the Services that may be caused by unauthorized third parties.
Transferring your phone number
If you want to keep your existing phone number, Optico Fiber will configure a temporary number in your Network Box first. Phone services will begin billing as soon as we complete the configuration of the phone number in your Network Box, and not when your phone number is transferred to us. A portability form must be filled to authorize the transfer from your current phone provider to Optico Fiber. Please make sure your account is current with your current phone provider and that you have not yet cancelled your service with your current phone provider, to avoid delays in the phone number transfer process. Phone numbers can only be ported from active accounts. We will also need a copy of the first page of your current bill where the phone number appears. To initiate the transfer, please contact us at 787-728-9790 or firstname.lastname@example.org.Once we have received all the required paperwork, the transfer process can take up to 7 labor days. We cannot guarantee the transfer of your phone number to Optico Fiber in the event that your provider does not release the phone number.
Resale & Redistribution
The Services are intended for the personal use of you and other occupants & guests within your residence. You agree not to resell, reprovision, rent or repackage the Services (either for a fee or without charge), or allow third parties to use the Service via a wired, wireless or other means, or otherwise make them available to anyone outside of your residence. If you wish to use the Services to provide or distribute Internet services to others outside of your physical residence, you must enter into a separate agreement with Critical Hub that authorizes you to do so, which may result in additional fees.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS.
ITS THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY CRITICAL HUB OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
CRITICAL HUB DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY CRITICAL HUB FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. CRITICAL HUB SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY CRITICAL HUB FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL CRITICAL HUB BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CRITICAL HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF CRITICAL HUB PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO CRITICAL HUB FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
You agree to defend, indemnify and hold harmless Critical Hub from and against all liabilities, costs and expenses, including reasonable attorney's and expert's fees, related to or arising from your use of the Service or any other equipment used in connection with the Service (or the use of your Service or any such equipment by anyone else): (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) in any manner that results in claims for infringement of any intellectual property rights.