Bertram Communications

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letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
 
[redacted]

We appreciate the fact our customer has been with us for many years and have provided him with the service he signed up for. Although our customer has complained about the speed in his complaint, he was on the same 1.5Mpbs speed plan the entire time he has been with us. Our customer needed a new...

power supply in June 2015 and while in the office, had a conversation with us about the Freedom 450 service which provides plans up to 25Mbps. His son is a gamer and on a 1.5Mbps speed plan, that can definitely cause speed issues at times. Our customer stayed on the same speed and didn't want to upgrade with us. Our customer was still able to average 68GB of data month and while we do not bill for usage, it is an indicator that the service was performing well, especially on a 1.5Mbps speed plan. Our customer called in in September to cancel since he had gone with another provider and was told about the $250.00 early termination fee and 30 day letter. Our customer didn't want to pay the amount up front and decided to keep us through the end of his contract date of 02/12/16. Our customer called in again on Jan 5th and was told about our Freedom 450 service with higher speeds, but he wasn't interested as he had switched in September. The equipment pick up fee and 30 day letter were discussed and our customer said he would send in the letter and the equipment himself. Our customer called in again on Jan 8th upset about the contract, the pick up fee and the 30 day letter. He wanted either the last month free or the pick up fee waived. The phone tech support member said he would find out but was hung up on before he could do so. We appreciate his comment in the complaint about not "being the nicest of people" since there was some swearing on the phone. We understand our customers frustration but the 30 day is necessary to have the cancellation in writing from the customer, the $50.00 equipment pick up fee is for the mileage and labor to climb up and retrieve the equipment and the contract terms and cancellation procedures are on every monthly bill and receipt; " Payment can be made through the customer portal at https://powercode.bertramwireless.com. Please contact us for login information. BY PAYING THIS INVOICE YOU HEREBY AGREE TO THE CONTRACT AND USAGE POSTED AT WWW.BERTRAMWIRELESS.COM THE SERVICES AGREEMENT SHALL AUTOMATICALLY RENEW FOR A SUCCESSIVE ONE-YEAR TERM UNLESS YOU PROVIDE WRITTEN NOTICE DECLINING NO LESS THAN 30 DAYS PRIOR TO EXPIRATION OF TERM."We will perform the equipment pick up at no cost since our customer couldn't get the equipment down safely, and will not bill for the final month of the contract. Our customer has paid $158.20 since August, and although this is not the $250.00 early termination fee, we think this is a fair trade since our customer has been with us so long. It is unfortunate that this became a frustration for our customer especially when we had faster plans available on his current equipment throughout the entire time he was with us and had the Freedom 450 high speed available in his area since early 2015.

To whom it may concern,
We are very sorry.
The account is in Collections Status.
Meaning we cannot discuss this account further. Thank you for your time
Sincerely,
Bertram Wireless
[redacted]

In response to this complaint, our customer is in collections status with our company and we are therefore unable to divulge any information regarding the account. We have been instructed to direct any inquiries to the collection agency handling this account: [redacted] Thank you.

Regarding Complaint: [redacted]
Thank you for contacting Bertram
Wireless regarding complaint [redacted].
Mr[redacted] has been a loyal customer from June 21st of
with a year by year contract that ends June 21st 2015. We have read over Mr[redacted] complaint. Please allow us to tell you
our side of it
Attached I provide you a copy of our
most current contract. If you would like
the signature of the document he first signed back in 2010, with his approval
we will send that to youHowever he was provided a copy back then and recently. If he would like to provide that to you he
definitely is welcomed to. days
prior to the date of renewal, Mr.
[redacted] is reminded via his bill of his contract and policies. It states on the bill to provide a day
written notice to cancel the account.
The exact wording is:
"Payment
can be made through the customer portal at
https://powercode.bertramwireless.com
Please contact us
for login
information
BY PAYING
THIS INVOICE YOU HEREBY AGREE TO
THE
CONTRACT AND USAGE POSTED AT
WWW.BERTRAMWIRELESS.COM
THE
SERVICES AGREEMENT SHALL AUTOMATICALLY
RENEW FOR
A SUCCESSIVE ONE-YEAR TERM
UNLESS YOU
PROVIDE WRITTEN NOTICE DECLINING
NO LESS
THAN DAYS PRIOR TO EXPIRATION OF
TERM."
Mr[redacted] received notice this
notice per his email address at 3:A.Mon May 1st 2014. He paid his bill June 1st at
3:A.Mmeaning he accepted those termsHe is also reminded about the
contract details too and that he can find the contract at(WWW.BertramWireless.com)
If he cancels before the date of
renewal it is $plus tax or the pay out of contract. Whichever is less expensive Speeds are as is and up to. Please see the "Operation" paragraph under
our contract. This means the customer's
connection is burstible. The speed
depends on the customer's devices, software, line of site, and
frequencies. Again due to the variables,
we cannot provide the customer with an exact rate of speed. If they use it for constant streaming and
their router is not set up right, it can cause them to have hardly any speed
left.
The customer was getting the speeds sent
to their location. However, we only
support up to the pigtail cord and any further technical support should be done
with an IT person of their choosing. It
is entirely possible the customer was doing something that is not supported on a
connection. Such things that are not
supported are HD streaming or certain Voip devices. We have done everything we could in our power
to help Mr[redacted].
As for the technician, we are not
aware of any problems with the towers. Maybe
whatever he said did come off wrong? We
are very sorry, we cannot talk on behalf of him but we do apologize for the
misunderstanding. Again, if the customer
is doing something that demands more speed and less of burst this equipment,
this may not be for him. It is his
choice to go a different direction and we cannot fault him for that
We have tried to work with the
customer by providing a loyalty credit to offset the contract price. The customer is not willing to work with us
even though this is a completely legal contract. We do not have to do this for the customer
however we do appreciate him being such a loyal customerIf payment is not
received by 11/11/the account may go to Collection Status for the full
amount. We would be willing to allow the
customer to do a payment plan if he would like to. He should give us a call to discuss this
further. Please see the attached copy of the contract
Thank you for your time
Sincerely,
Bertram Wireless
[redacted]
-------Contract-------
(WWW.BertramWireless.com)
BERTRAM COMMUNICATIONS, LLC
a/b/a Bertram Wireless, Granite Wireless & Bertram
Broadband
Customer's use of
Bertram Wireless Internet Services constitutes Customer's acceptance of the
following Bertram Wireless Terms and Conditions (the "Usage Agreement"). Customer (hereby defined to include any
person or entity utilizing any service of Bertram Communications, LLC (d/b/a
Bertram Wireless, Granite Wireless and Bertram Broadband – all collectively
"Bertram Wireless" or "Provider", used interchangeably). Conferred rights and benefits thereof are
non-transferable. Use of the Bertram
Wireless network and services (collectively "Services") is expressly limited to
Customer
LIMITATION OF
LIABILITY
ALL SERVICES ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR
NONINFRINGEMENT. IN NO EVENT WILL
BERTRAM WIRELESS BE LIABLE TO YOU FOR ANY ALLEGED LOST PROFITS, LOST SAVINGS,
OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, ARISING OUT OF YOUR USE OR INABLITY TO USE SERVICES PROVIDED
HEREUNDER, EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBLITY OF ANY SUCH
DAMAGES, AS ANY AND ALL LIABILITY IS HEREBY EXPRESSLY RENOUNCED.
USAGE
The Services may only
be used for lawful purposes and in a manner consistent with any and all
applicable local, state, federal, and/or international laws. Customer shall not use Provider's Services to
transmit any material that violates or infringes upon any copyright, trademark,
patent, statutory, common law, trade secrets or proprietary rights of others,
or contains anything obscene, objectionable, or libelous, as any such usage is
prohibited. Customer hereby agrees to
fully indemnify, defend and hold harmless Provider from and against any claims
or damages (including reasonable attorney fees) resulting from Customer's use
of Service which damages Customer or any other party. Violation of any of these Terms and
Conditions may also cause irreparable injury to Provider, and that, in addition
to any other available remedies, Provider shall be entitled to obtain
injunctive relief against Customer without the necessity of proving any actual
monetary damage
Use of the Services for
(1) bulk and/or unsolicited email, commercial or otherwise; (2) spamming,
computer-hacking, or "War Driving"; (3) software distribution, cross-posting
messages to more than external email addresses or websites, and/or as an
advertising medium; (4) to promote or solicit competing Internet services
without the express written permission of Provider in advance; (5) to engage in
any conduct that interferes with Provider's ability to provide Services to
others, including but not limited to the use of excessive bandwidth; and/or (6)
any other improper or illegal purpose, is strictly prohibited and shall be
cause for immediate account closure and termination of Services, with or
without notice by Provider. Bulk email
is defined as the same or similar email messages sent to more than
recipients. Bertram Wireless must be
notified in advance of any intended bulk distribution of solicited email
materials. Pings, bots, and auto
checkers used to keep connection running are prohibited. Customer agrees to use only the email address
confirmed at time of signup for the "Return" and/or "Reply-To" Internet email
address. The use of a "Fake" email
address, email address belonging to another Internet user, or no email address
as a "Return" and/or "Reply-To" internet email address is prohibited, and such
use shall be cause for immediate account closure and termination of Services
with or without notice. Customer agrees
to utilize appropriate protocols for all data transmissions. Provider's Services may not be compatible
with, nor does Provider support, VOIP applications, and Customer assumes all
risk associated with the same; Provider
does not recommend that Customer rely on wireless internet or VOIP for
emergency contacts (such as calls), as Provider cannot guarantee, and
hereby expressly renounces, the reliability of such wireless internet
services. In addition, Provider's POP
server is not intended as a permanent mail storage facility; as such, any email
box storing messages for periods exceeding days will be subject to storage
fees and /or email box content deletions by Provider with or without
notice. Provider assumes no
responsibility at any time for any malfunctioning, deleted or lost mail and/or
attachments. Customer shall be liable
for any and all costs, including reasonable attorney fees, incurred by Provider
as a result of Customer's violation of any of these terms and conditions; this
includes but is not limited to costs and attorney fees resulting from
Provider's responses to complaints from, and clefor, unsolicited
commercial mailing, unauthorized bulk mailings, and/or server violations; for
any such matters, Customer shall be charged at Provider's current hourly rate
of $(U.SCurrency), and in all instances there shall be a minimum
charge of (1) hour to Customer. Use of
programs such as packet sniffers, hose and/or service monitoring and other
similar programs is prohibited. Provider
monitors all Services from time-to-time.
Customer is solely responsible for his/her/its account(s) and the
confidentiality of password(s). Provider
will suspend or change access to Customer Accounts upon written notification by
Customer that passwords have been lost, stolen, or otherwise compromised –
Provider may assess a reasonable fee for this service. For purposes of network use, Business Accounts
shall be those created and used by a Sole Proprietor, Partnership, Corporation,
Limited Liability Company or any other entity engaged in an active "Business
Enterprise". Personal Accounts are those
created and used by an individual for personal use, research, and
recreation. All account activations
require the disclosure of intended use, be it business, home business or
personal, and any misrepresentation of account purpose shall be cause for
immediate account closure and termination of Services with or without
notice. Unless Customer has specifically
subscribed for a Business Account, the Services are provided to Customer for
personal, non-commercial use only. The
Services cannot be used for any Business Enterprise purpose whatsoever, whether
or not the enterprise is directed toward making a profit. If it is your intentional to use the Services
for said purposes, please contact Provider to inquire whether Business Account
service programs are available. Unless
otherwise expressly authorized by Provider, the resale, transfer, or trade of
any Bertram Wireless Account and/or Services is strictly prohibited
Neither Bertram
Wireless nor any of its agents, shareholders, directors, officers, employees,
representatives, insurers or information providers shall be responsible for any
damages arising from Customer's use of, or inability to use, the Services. There is no guarantee of message
delivery. Email returned receipts may be
requested, but there is no guarantee that the recipient's mail system will process
or even acknowledge these requests.
Provider is not responsible for any Customer files or data residing on
Provider's network; Customer is solely responsible for independent backup of
all such data. Provider cannot, and does
not, exercise any control whatsoever over information passing through its
network or through the internet. If
Customer sends or posts materials through the Service, Customer is solely
responsible for the material and Customer represents that it has all necessary
rights to do so. Customer grants to
Provider, with no obligation to pay Customer, all rights needed in order to
allow Provider to complete Customer's transmissions or posting, if Provider
chooses to do so in its sole discretion.
If Provider determines that the transmission violates the terms and
conditions of this Agreement in any way, Provider may (but has no duty to)
delete the materials, block access to them or cancel Customer's account. Due to the potential threat of viral or other
nefarious attachments, Provider strongly recommends the practice of safer
computing to protect against these threats.
Provider is in no way responsible for any data loss or damage arising
from viral infection from the Services, network or internet. Customer undertakes browsing and downloading
of internet files at his/her/its own risk.
Provider recommends Customer consult with a computer vendor, systems
analyst, consultant, and/or management information systems personnel to
determine the appropriate protection program best suited to Customer's
needs. Customer is hereby warned that
some internet sites accessible via Provider's network allow posting, retrieval,
and/or electronic mailing of materials that may be considered obscene or
objectionable. Provider is not
responsible for inadvertent or deliberate access to such materials and cannot
prevent access to such material.
Provider recommends Customer closely monitor use of his/her/its account,
especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by
a parent or legal guardian upon such party's express consent.
Provider, in its sole
and absolute discretion, may immediately suspend or terminate Customer's access
to Services upon any breach of any of the Terms and Conditions by Customer,
including but not limited to refusal or failure to timely pay for services
provided or disruptive on-line behavior.
Provider reserves the right, in its sole and absolute discretion, to
delete any information entered by Customer into Provider's computer
system. Provider retains the right, but
no obligation, to review, accept, and/or reject publicly viewable
information. Provider may delete
Customer's personal files, including but not limited to personal Web page(s)
and email, for which a storage fee has not been paid or have not been accessed
within the prior days. Provider may
terminate access to Services for any Customer Account(s) which has/have been
inactive for months or longer.
Provider may, in its sole and absolute discretion, refuse or terminate
Services to any person or entity, for any reason or no reason, with or without
notice.
THIRD PARTY
CLAIMS
If a third party sues
us based upon Customer's use of the Services, Equipment or Provider-furnished
software (for example, claiming theft or copyright infringement based on
something Customer posted on-line using the Services), or based upon a breach
by Customer of this Agreement or any other Agreement between Customer and
Provider, Customer will indemnify and hold harmless Provider (in other words,
reimburse Provider) for any losses, including reasonable attorneys' fees,
incurred by Provider.
EQUIPMENT
Customer is solely responsible for all
equipment necessary to connect to Provider's network and use the Services. Any equipment furnished by Provider to
Customer shall become the sole property and responsibility of Customer;
notwithstanding the foregoing, upon termination of this Agreement for any
reason, Provider shall have the Option to buy back such Provider-furnished
equipment in working order from Customer for the sum of One Dollar and
Zero/100's ($1.00). If the
Provider-furnished equipment is not returned in working order and within days of termination of this Agreement, the customer
will be charged $Customer is solely responsible for any damage to such
equipment or software, whether caused by weather, ice, snow, hail, other
natural causes, abuse, vandalism or otherwise.
Provider may repair or replace any equipment or software under warranty,
if applicable and provided the damage or malfunction arises out of
usage. If the radio is not able to be
repaired through warranty and Customer does not have the assurance plan, the
Customer shall pay $to receive a new radioIf the Customer has the
assurance plan, they will have to pay a $deductible and will receive new
equipment(See specifics under policies listed on website). Provider will (at no charge to Customer)
diagnose and repair any network related problems that cause a disruption in
service up to the point at which Provider's furnished equipment ends. Provider is not responsible for any
Customer-installed equipment such as but not limited to computers, home
networking equipment, printers, storage devices, and other peripherals/devices. Should Customer request Provider furnish any
installation or repair services for customer-owned equipment, Customer will be
charged Provider's then prevailing/posted service rates depending on the type
of service performed. Provider utilizes
the latest security technology provided by applicable equipment manufacturers
for wireless communications but in no way guarantees, and hereby expressly
renounces, such wireless security or the extent thereof. If the equipment needs to be serviced,
collected due to non-payment, or collected due to cancelling; Bertram has the
right to work on this equipment or retrieve this equipment without notice to
the customer
OPERATION
Provider reserves the
right to change Services with or without notice including but not limited to
pricing access procedures, hours of operation, menu structures, commands,
documentation, and the extent of services offered. Notice of modification to these Terms and
Conditions will from time-to-time be published on Provider's Web Page. Customers are strongly encouraged to review
the current Terms and Conditions on a regular basis. Customer's use and enjoyment of Services
following such notice (which shall be deemed given upon publication on
Provider's Web Page) shall constitute Customer's acceptance of such Terms and
Conditions, however modified. Provider
reserves the right to require that Customer obtain new or additional Equipment
from Provider in order to obtain the full benefit of the Services. Customer understands that Services may be
interrupted from time-to-time for numerous reasons, including but not limited
to malfunctions, maintenance, and improvements or as required to protect
network resources in the event of malfunctions or misuse, or extreme weather;
Customer acknowledges and consents that advance notification of the foregoing
may not be provided. Provider shall not
be liable for any delay in or failure to provide Services caused by
circumstances beyond its control such as those occasioned by acts of God or
other causes of which it could not have reasonably foreseen any other cause
which similarly impedes the providing of service. Customer shall be entitled to no refunds or
credits for scheduled or unscheduled interruptions in the Services, which are
provided "as is" with no warranties or representations of any kind
Throughput Rates. Provider does not guarantee that Customer
will obtain the Maximum Throughput Rate for the Services at any given time or
on a continuous basisThe Throughput Rate experienced at any time will be affected
by a number of factors, including the nature of the Internet and its protocols,
our facilities, the bandwidth Provider devotes to carriage of protocol and
network information, the condition and configuration of our Equipment or
Customer-Owned Equipment at Customer's location, whether Customer uses an
in-home network (which can significantly limit the Throughput Rate
obtained by devices attached to it), Provider's use of Network Management
Tools, data volume and congestion on Provider's network and the Internet, the time
of day Customer is using the Services, the performance of the website servers
Customer attempts to access, and the priority, if any, Provider gives to
business subscribers' data traffic and specialized services Provider delivers
using Provider's equipment
BILLING
Customer bears the sole
responsibility to timely pay the monthly Services fees when due. Bills
will be sent by e-mail to the Customer's designated home or business
address. It is Customer's sole responsibility to have a valid and
functioning e-mail address on file with Provider. On-line billing is available if set up in
advance by Customer with Provider.
Customers must timely pay their monthly Bertram internet bill by cash,
check, credit or debit card (Master Card, Discover or Visa), or ACH (Automated
Clearing House; direct withdrawal from checking or savings account) only.
We may require a deposit or other guaranteed form of payment (such as a payment
card or bank account debit authorization) from Customer. If Customer owes money on any account,
Provider may deduct the amounts owed from any existing credit Customers has or
any security deposit provided or, if applicable, charge them to the bank or
payment card account Customer has authorized Provider to use. In the event Customer's credit card or
similar mode of payment is stolen, lost, or misplaced, Provider shall not be
responsible for any charges that accrue for any reason. NOTE: Customer must provide new credit card
information upon expiration of a credit card, even if the account/card number
remains the same. Payments made by Check
will require an additional $fee, each time a check is presented. A penalty fee of $will be assessed on
all returned checks or for insufficient ACH funds; a $fee will be
assessed for each rejected credit/debit card authorization, which is declined
for any reasonACH payments will post to Customer's bank account between
one (1) and fourteen (14) days after presentment. Provider shall not be liable for presentment
errors. Services will be billed on a
monthly basis. Payment in full for
Services must be received by the 11th day of each month. If full payment
is not received by the 11th day of each month, Customer's account may be deemed
delinquent, Services suspended or terminated and Customer's account closed, at
Provider's sole and absolute discretion with or without notice to Customer; in
such instance, Provider may require an additional reconnection fee of $25.00,
and a late payment charge equivalent to 12% per annum may be assessed. Failure by Provider to assess any such fees
or late charges shall not constitute Provider's waiver of the same. Customer shall be responsible for all costs
of collection, including reasonable attorney fees and collection agency fees
incurred by Provider or otherwise permitted by law.
BILLING ERRORS
Customer must bring any
billing errors to Provider's attention within days of the day Customer
receives the bill or Customer shall waive any right to (in other words, will
not be eligible to receive) any refund or credit
PROMOTIONS
If Customer is under a
promotional offering for a set period of time, the price charged for the
Services will not change during that time period, but will return to Provider's
billing rates in effect at the end of the time period. However, Customer is not assured that the
Services themselves will remain the same (Provider reserves the right to change
the Services at any time with or without notice) or that Provider's fees or
charges for items other than the Services (such as charges related to
equipment, late payment fees or charges for paying by check) will remain the
same. Special offers are special, and
Provider is not required to notify Customer of offers made available to others,
or to change Customer's prices to equal those contained in such offers.
TERMINATION
Per the accompanying
Services Agreement, Services shall automatically renew on an annual basis on
the month and day that initial service was activated, unless Customer provides
written notice of termination no less than days prior to expiration of the
term. Provider shall provide written
notice to Customer of such automatic renewal at least days but no more than
days prior to the scheduled effective date of the automatic renewal, and
such automatic renewal notice shall be sent by Provider via e-mail to the
Customer's designated home or business e-mail address. Termination notices must be sent by Customer
via email, fax, or U.SMail to Provider's then current address as published on
Provider's website and/or set forth in the Agreement; in addition, all
equipment and software furnished by Provider to Customer must be returned by
Customer to Provider within days of expiration of the term; failing the same,
Customer shall continue to be charged his/her/its monthly fees for all
Services. In the event of early
termination (prior to expiration of the term), Customer shall be charged the
greater of an early cancellation fee of $or the balance due (based on
Customer's regular monthly fees to be assessed) for the remainder of the
term.
COOPERATION
Customer shall afford
Provider access to personal/business files, records, facilities, and equipment
as reasonably requested by Provider to facilitate Provider's furnishing of the
Services hereunder. Customer may designate
in writing one or more primary "Contact Persons" with whom Provider may
primarily deal.
REPRESENTATIONS OF
CUSTOMERThe person accepting this agreement for the Customer is fully authorized to do so, and the
acceptance by such person is binding upon and enforceable against the Customer
MISCELLANEOUS
In the event of any
dispute or legal action between the parties concerning the enforcement or
interpretation of this Agreement, the county in which Provider's principal
business office is situated shall be the exclusive venue and jurisdiction for
any such legal action, and the law of such venue shall be controlling
(Wisconsin law). In the event of legal
action, unless otherwise expressly set forth herein, each party shall bear
responsibility for his/her/its own legal costs and fees including attorney's
fees. This Agreement (and the
accompanying Services Agreement) contains the entire agreement between the
parties, and no other enforceable understandings, oral or otherwise, exist
between the parties. This Agreement
shall be binding upon the parties' heirs, successors and assigns

Our customer signed up with us for service in 2010 on a 1.5Mbpsx384Kbps speed plan. We received a request from our customer on 07/21/15 to increase their plan to the next speed up. We did so that day, setting them up on the 3Mbpsx768Kbps plan. We received a phone call on 07/28/15 from our customer...

experiencing issues streaming video. We discussed with our customer that our new Freedom 450 equipment upgrade (which has been designed with video streaming capability) was not available in their area yet as the tower had not been upgraded. The existing equipment was not designed for streaming. We offered to revert our customer back to their original speed plan. Our customer declined, saying his wife would need to call in for that. our customer did say they were thinking about canceling service and so we discussed the cancellation procedures with them. We received a call on 11/25/15 from our customer who was experiencing streaming issues. Our tech tried to get some information on what video/device they were trying to use, but couldn't get any further information from him. Our customer's stats were excellent and improved still after we rebooted their equipment remotely. We would very much like to work with our customer to get some specifics to diagnose their service issues. The equipment and plan they are on do not support video streaming, but we have many customers on this equipment who are able to do so. We are doing everything in our power to complete the tower upgrade so that we can offer the new Freedom 450 in our customer's area. We will contact our customer and try to resolve this in a manner that is mutually agreeable.

We can’t discuss this account further when it comes to payment because it is in collections status. However again if there were problems with the installation she was activated in 2012.  It has been over two years. I think she probably spoke to the contractor. Other than that, she can discuss it further with the agency that will be contacting her.  Thank you! Sincerely,[redacted]Bertram Wireless[redacted]

We have not at any time
breached our contract; our speeds are defined in our contract as:"THROUGHPUT RATES Provider does not guarantee that Customer will
obtain the Maximum Throughput Rate for the Services at any given time or on a
continuous basis. The Throughput Rate experienced at any time will be affected
by a number of factors, including the nature of the Internet and its protocols,
our facilities, the bandwidth Provider devotes to carriage of protocol and
network information, the condition and configuration of our Equipment or
Customer Owned Equipment at Customer’s location, whether Customer uses an
in-home Wi-Fi network (which can significantly limit the Throughput Rate
obtained by devices attached to it), Provider’s use of Network Management Tools,
data volume and congestion on Provider’s network and the Internet, the time of
day Customer is using the Services, the performance of the website servers
Customer attempts to access, and the priority, if any, Provider gives to
business subscribers’ data traffic and specialized services Provider delivers
using Provider’s equipment."Our customer’s contract
expires yearly on 06/21 and he has had the option to not renew his contract
with us every year and has not done so.Our Contract Termination policy
is defined in our contract as follows:“TERMINATION Per
the accompanying Services Agreement, Services shall automatically renew on an
annual basis on the month and day that initial service was activated, once the
initial contract term has been fulfilled, unless Customer provides written
notice of termination no less than 30 days prior to expiration of the term.
Provider shall provide written notice to Customer of such automatic renewal at
least 30 days but no more than 60 days prior to the scheduled effective date of
the automatic renewal, and such automatic renewal notice shall be sent by
Provider via e-mail to the Customer’s designated home or business e-mail
address. Termination notices must be sent by Customer via email, fax, or U.S.
Mail to Provider’s then current address as published on Provider’s website
and/or set forth in the Agreement; in addition, all equipment and software
furnished by Provider to Customer must be returned by Customer to Provider
within 30 days of expiration of the term; failing the same, Customer shall
continue to be charged his/her/its monthly fees for all Services. In the event
of early termination (prior to expiration of the term), Customer shall be
charged the greater of an early cancellation fee of $250.00 or the balance due
(based on Customer’s regular monthly fees to be assessed) for the remainder of
the term. All cancellation fees including pick-up, damaged radio, early
termination, and late charges will be automatically charged the credit card on
file.”

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.Bertram & their sub-contractor are taking no responsibility in this issue. Both are pushing back to us as the consumer saying we are responsible for following their guidance. We requested a verification of services & we were told it was not necessary. Based on their guidance we moved forward. As a consumer, why wouldn't we follow the advice of the company and their contractor saying a test was not needed? Furthermore, Bertram's sub contractor told me personally in a phone call that he would refund us in full. However when he completed the removal he did not refund us for labor and in fact tried to charge us additional labor. This is entirely unacceptable business practice.Regards,
[redacted]

Our customer was originally on a 1.5Mbps by 384Kbps plan for $32.45 a month. This was increased at the customers request on 7/21/2015 to a 3Mbps by 768Kbps plan for $42.45 a month. The attachment is a snapshot of the speed settings for our customer. The settings show a 3Mbps download and 800Kbps upload. Our speeds are defined in our contract as: "THROUGHPUT RATESProvider does not guarantee that Customer will obtain the Maximum Throughput Rate for the Services at any given time or on a continuous basis. The Throughput Rate experienced at any time will be affected by a numberof factors, including the nature of the Internet and its protocols, our facilities, the bandwidth Provider devotes to carriage of protocol and network information, the condition and configuration of our Equipment or CustomerOwnedEquipment at Customer’s location, whether Customer uses an in-home Wi-Fi network (which can significantly limit the Throughput Rate obtained by devices attached to it), Provider’s use of Network ManagementTools, data volume and congestion on Provider’s network and the Internet, the time of day Customer is using the Services, the performance of the website servers Customer attempts to access, and the priority, if any, Providergives to business subscribers’ data traffic and specialized services Provider delivers using Provider’s equipment."This was a speed increase on the same equipment with the same streaming limitations and not an upgrade to our new Freedom 450 equipment which has been designed for HD streaming capabilities. We were not able to upgrade the tower that services our customer to our Freeedom 450 equipment. We have purchased land and are in process of building a replacement which we will have ownership of. We anticipate completion of this tower in the next few months as the base foundation has already been completed. We want to work with our customer and will either let them out of their contract with us or work with them to get them a free upgrade to our new equipment as soon as the tower is complete.

Our customer has had service with us since June of 2008. He has been on our basic 768K X 256K speed plan until 10/13/15, when he tried out our 2M X 768K speed plan. In July 2013, we tried to upgrade the equipment to a different frequency capable of higher speeds. This was not successful due to line...

of sight obstacles; the existing 900mHz equipment was built to penetrate these more effectively. In December 2013 we applied a $10 monthly discount for a one year period which expired in December 2014. Our customer has an annual contract which renews on June 11th. On 04/12/2015 we sent our customer a notification that his contract would automatically renew on 06/11/15 unless he contacted us to cancel service. We received several calls in October 2015 from our customer with speed issues. We sent out a tech and waived the $50.00 fee for a service on 10/06/15 to make adjustments to improve the service. Our customer's account was due to shut off for delinquency on 10/13/15 for non-payment. We applied a grace period through 10/16/15 for payment. This was not made and the account went delinquent on 10/16/15. Our customer did pay on 10/18/15 and we removed the $25.00 late fee. Our customer was still experiencing issues so we again sent a tech out, waiving the $50.00 fee again for a service call on 10/20/15. Our customers stats were improved, but there was still some interference occurring. We are still looking at identifying the source of the interference to see if we can make adjustments to avoid the frequency being affected. Our customer has used an average of 22.5GB of data per month over the last year on the slower 768K plan.Our customer used 18GB of data in October. The service has worked within the confines of the speed of the plan and the 900mHz antenna equipment necessary due to tree coverage until recently. We have sent out techs for service calls to try to eliminate our customer's service issues and are still working on this now. We are willing to wipe the balance owed on our customer's account for November and December service and release him from his 06/11/16 contract and waive the $250.00 early termination fee. We will also pick up the equipment and waive the $50.00 pick up fee. We are actively working on finding a solution to the interference issue our customer has been experiencing and will continue to do so until it is remedied.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
 
 What they have stated is a lie. There was no misunderstanding between myself and the tech, [redacted]. I was told it is their problem and not mine. The speed was not what I was paying for and consistency did not exist. If they truly believe I am a loyal customer, they would not be attempting to defend subpar internet service as verified by their own service personal. The bottom line is they cant supply the service they stated they could. Not in the speed offered or the consistency. They said they had sent me a copy of the contract I signed. That is not true. They sent me the last page of a contract with my name on it. They would send me a complete copy of the contract after three requests. The contract on their web site is different from the one I singed, but no response from Bertram. It appears to me I am just another unsatisfied customer from this inept company as is apparent from the number of complaints to the Revdex.com. There is absolutely no way I will pay their ridiculous cancellation fee. They can sent me to collection if they wish. I would be very happy to discuss this matter with a judge. There is a point in any contract that reasonable and customer service is provided based on industry standards. That has not happened in this instance. Their service is substandard and not at par or even near par with competing internet providers. I have told them all they have to do to receive whatever equipment they think is theirs is to make an appoint and I would be more than willing to return such equipment.   Revdex.com thanks for your help in this matter. I now understand why Bertram is not part of the Revdex.com.

Revdex.com:
bertrams policy doesnt matter when the law states differently. I forgot to point out in my previous post in response to bertrams pointing out I upped my speed back to 2mbs that this was only done because I was forced to pay for faster service because at the slower speed my wife was not even able to use a simple messenger to communicate with me while I was out of state and I needed to be able to communicate with her.I also find it interesting that bertram believes that providing zero internet access or slower than dialup speed as acceptable. I think that says it all. this is why I am now using expensive telephone based internet and very much happier with it.I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
[redacted]
 
  All though the credit may be applied Bertram Wireless applied this fee in a hope that the customer would not notice the fee and or did not inform the customer of the fee.  Regarding the internet speed Bertram wirelesses did not tell Mr. [redacted] that this speed was a promotional speed for a limited time but did implied that the speed and price was the normal pricing.  Bertram Wireless has a moral and ethical obligation to increase Mr. [redacted]'s speed to the original implied speed and pricing.  If Bertram Wireless would like to contact Mr. [redacted] regarding these issues they may do so.

We appreciate the opportunity to respond to our customer's complaint. Our customer was selected for a beta test of our new 450 equipment which provides faster speeds as this was part of the issue our customer was experiencing. We paid for the equipment and the installation of the new equipment and kept our customer's monthly payment the same as on the previous service level. This was to last one month, after which our customer was to choose a plan and sign a digital contract through the customer portal for continued service. This Beta period ended and our customer refused to sign the contract stating that she had bee in contact with the owner who was working with her. This was verified as a misunderstanding on the part of our customer and there was no other agreement in place aside from what had been discussed originally with our technical support staff.After many discounts, we feel we have gone above and beyond for our customer. After reviewing the account, it is being turned off as of 05/01/15 once the equipment is received back. We will pay for the pick up and the pro-rated April amount will be credited to her credit card.We hope this resolves our customers complaint and would be more than willing to provide service again for her in the future.

We are certainly concerned by the trouble this customer has experienced through business with us. I have looked back at our records and it was indicated that communication has been delivered to the customer. There has been three voice message left with the customer between April and May concerning...

balance due. We also send emails every month informing our customers with their billing status. Customer has been paying their bill every month through their customer portal provided by us for over two years. Last payment was received in March 2017. I will be reaching out to customer and hope for a better outcome.

In response to our customer's request, I have emailed a copy of our customer's contract which expires 06/10/2015. Our customer contracts renew annually unless we receive a letter of cancellation at least 30 days prior to the expiration date. This is stated on each invoice and receipt that we email to our customers. The exact text appears as follows:BY PAYING THIS INVOICE YOU HEREBY AGREE TOTHE CONTRACT AND USAGE POSTED ATWWW.BERTRAMWIRELESS.COMTHE SERVICES AGREEMENT SHALL AUTOMATICALLYRENEW FOR A SUCCESSIVE ONE-YEAR TERMUNLESS YOU PROVIDE WRITTEN NOTICE DECLININGNO LESS THAN 30 DAYS PRIOR TO EXPIRATION OFTERM.I also emailed a copy of our customer's invoice from June 2014 so that our customer could view the text as it appears on the invoice.I hope this information is helpful in resolving our customer's complaint.

In response to our customer's complaint. We contacted our customer after reviewing the account notes and agreed with our customer that they were not satisfactorily notified of the early termination fee. The fee has been removed from our customer's account and the account has been closed.

In response to our customer's complaint; we have been working with them to complete the cancellation process with no early termination fees, or equipment pick up fee. We have refunded the payments made from December and January and apologize the equipment has not been picked up. We have to schedule...

one of tower certified climbers to perform this and will do so as soon as possible. Our customer will not be billed any further.

We did relocate our customer's equipment on 10/21/2016 which has improved his signal dramatically. We called and spoke to our customer after the service call to confirm that the service was working to their satisfaction.Unfortunately we did experience a brief tower outage on 10/25/2016 and had it...

fixed in under 3 hours. We will continue to check in with our customer to ensure the service is working to his satisfaction.