Terms of Service

Billing summary. Billing is recurring and not prorated. No refunds are issued after a billing cycle begins. $15 late fee may apply to overdue balances.

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. Our services are digital in nature: access is delivered electronically through network activation, credentials, and/or equipment we provide or authorize, not as a physical “item” shipped for resale in the ordinary retail sense.

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. Recurring billing, billing cycles, and cancellation

• Recurring subscription. Plans renew automatically on each billing cycle until canceled according to these Terms and the cancellation tools in your account. Each cycle is billed as a full period (for example, one month where monthly billing applies).
• Charges for the current cycle. Once a billing cycle has started and your payment method is charged (or a charge is initiated) for that cycle, you remain responsible for the full amount of that cycle, except where applicable law requires otherwise. We do not provide prorated or partial-cycle refunds for subscription fees simply because you cancel mid-cycle, stop using the service, or remove equipment during the cycle.
• Cancellation. Canceling stops future recurring charges from the effective cancellation date we confirm, subject to successful processing with our payment processor. Canceling does not erase or refund amounts already earned or charged for the current or prior billing cycles under this policy.
• Payment method storage. You authorize us and our payment processor to store your selected payment method and to charge or debit it on each billing cycle for recurring service and any disclosed pass-through taxes or regulatory fees, until you cancel or replace the payment method according to our flows.
• 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 and retry the charge where permitted.
• Late payment fee. If a scheduled payment is not received and remains unpaid for more than 3 calendar days after the first failed charge attempt for that billing cycle, we may add a one-time late payment fee of $15.00 USD to your account (applied through our payment processor on a subsequent invoice). This fee is summarized at the top of these Terms and at checkout and may be assessed once per past-due episode until the past-due balance is resolved, in addition to any recovery fees described in your plan or the Equipment Rental & Return Terms.
• Processor dispute charges and collections costs. Where permitted by law and the rules of your card or bank network, we may invoice or add to your balance dispute or chargeback fees our processor passes through when a reversal is unjustified or abusive under Section 16 and Section 7 of these Terms. If your account is referred for collections after material default, you agree we may seek reasonable collections costs and attorneys’ fees awarded or permitted by law to recover amounts you owe.
• Price changes. We may change recurring rates with reasonable advance notice where required by law or contract.

4. Digital delivery, activation, and use as acceptance

Electronic delivery. Service is delivered digitally by enabling network access for your service address or account, provisioning credentials where applicable, and/or shipping leased equipment for self-install or verified install, as described in your order.

Delivery complete on activation. For internet service, digital delivery is complete when your subscription is active (or trialing where offered) and network access has been enabled for your line according to our systems, even if you have not yet run a speed test or connected every device in your home.

“Item not received” after activation. Once service is activated or confirmed delivered under the prior paragraph, claims that you “never received” the digital service in the chargeback sense are generally invalid, because delivery is measured by activation and account status—not by physical possession of an optional retail box alone.

Use counts as acceptance. Meaningful use of the service after activation (for example, sustained data sessions through our network, or continued use after credentials are issued) supports that the service was available and that you accepted these Terms for that billing relationship.

5. 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 service fees are earned as service is provided over each billing cycle. Except for the limited first-order refund window below, subscription charges are not refundable for partial cycles or after a billing date passes, 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 16 (Dispute resolution) before initiating a chargeback where reasonable.

6. Leased equipment, return, and non-return fees

Customer premises equipment (including modems and gateways) may be leased, not sold, unless your order states otherwise. Leased equipment remains our property. You are responsible for leased equipment from assignment through confirmed return processing.

Return windows, packaging, carrier instructions, loss/damage, and non-return or recovery fees are governed by our Equipment Rental & Return Terms, which are incorporated by reference. Non-return fees are intended to reflect reasonable replacement value for the unit type, not a punitive penalty, and may be updated by versioned equipment terms.

7. Fraudulent chargebacks and invalid payment disputes

You agree not to initiate a chargeback or payment reversal for amounts that reflect valid recurring subscription charges, disclosed one-time fees, or documented equipment recovery fees you agreed to at checkout.

If you file a chargeback or dispute that we reasonably determine to be fraudulent, materially false, or abusive, we may contest it with our processor using the records described in these Terms (including activation data, terms version, signature, IP address, and billing identifiers). We may also take lawful account actions, including suspension or closure, refer past-due balances to collections where permitted, and seek reimbursement of dispute fees we incur, in each case subject to applicable law.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Changes to these Terms

We may update these Terms at any time. When we do, we will post the revised Terms on this page and update the version and effective date shown in the notice at the top. For material changes, we will provide any additional 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 the updated effective date may constitute acceptance. For billing disputes and chargebacks, we may use our records (including which terms were presented at checkout) to show what you agreed to.

14. Electronic records and signatures

You consent to receive agreements, notices, and billing information electronically. Your electronic acceptance at checkout—including confirming the Terms of Service, equipment rental terms where applicable, recurring charges and stored payment method, plus typing your full legal name as shown—may be used to demonstrate agreement to these Terms and incorporated policies.

15. Third-party services

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

16. 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.

17. 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.

18. Contact

Questions about these Terms: nextwaveinternetsupport@gmail.com.