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Service Agreement
Upon acceptance of this Agreement by ("Company") the customer subscribing to Company's services hereunder ("Customer") agrees to and shall be bound by each and all of the following provisions: 1. Unless otherwise specified on the face hereof, the minimum initial term hereunder shall be twelve (12) months after execution hereof, and customer agrees to maintain all services covered hereby for the full duration of such minimum term. Provided, that if this Agreement applies to add-on service(s) the minimum initial term shall be the unexpired portion of the current term of the Agreement covering Customer's original service. Following expiration of the initial term, this Agreement shall be automatically renewed for successive terms of the same duration as the initial term, or in the case of add-ons for the same duration as Customer's original Internet Service Agreement, unless either party shall notify the other in writing of non-renewal at least one month in advance of the expiration of the term then in force. Such termination notice shall be effective upon the later of (a) the last day of the term, or (b) the last day of the month following the month in which such notice is given. During each renewal term, the terms and conditions contained herein shall apply, except that during such term the rates charged Customer may be adjusted to reflect any changes therein implemented after date hereof. 2. In the event that Customer's service is discontinued by Company, either at Customer's request or for breach of Customer's obligations hereunder, Customer shall be required to pay, in addition to any other amounts owed Company, a service restoration charge of $20.00 per service (or such other amount as may be specified in any applicable tariffs), prior to reconnection. 3. The total charges
for all equipment and services to be supplied under this Agreement
for the full duration of each term are agreed to be fully earned
upon commencement of that term, irrespective of Company's agreement
to collect any part thereof in installments. In the event of
termination for any reason, Customer shall nonetheless be obligated
to pay Company in full all charges applicable to any remaining
portion of the term then in force, or until the units have
been returned, whichever is later, which charges, in addition
to any other amounts owed under this Agreement, shall accelerate
and become due and payable immediately upon termination, without
reduction or proration. 4. Company and its vendors shall not be liable for any failure or delays in service for any reason, nor for any consequential or incidental damages of any kind whatsoever. Customer acknowledges his/her/its understanding that Internet communications are subject to such delays and failures from time to time, and agrees that Company and its vendors shall have no liability therefore irrespective of cause beyond the actual direct loss of company provided internet services, but in no event for more than the maximum amount of $25.00 per occurrence or related series of occurrences or the maximum set forth in applicable tariffs, if different. All Internet addresses assigned for use with the service provided hereunder shall remain the sole property of Company or its vendors, and customer shall acquire no rights therein. Company may change or reassign such addresses at any time without liability of any kind. 5. Upon reasonable advance request, and subject to Customer not being in default of any obligations hereunder, Company shall repair and maintain any rental equipment provided hereunder and to the extent indicated on the face hereof, any applicable customer supplied equipment. The following non-exclusive list are outside the scope of Company's repair and maintenance service, and Customer shall be required to pay additionally therefore: (a) repair of any damage over and above normal wear and tear, such as through physical abuse, misuse, or tampering, (b) replacement of cases, batteries, or cables, irrespective of cause. 6. Company's invoices are payable upon presentation. Any charges not paid within thirty (30) days of invoice date shall be subject to a late payment charge until they are paid, with a minimum late payment charge of $0.50 in months when a charge is due, or at the maximum rate allowed by law, whichever is less. In the event that any check tendered in payment of amounts due Company is returned by the bank for any reason, the applicable Customer account shall be assessed a service charge which shall be in addition to any other legal rights available to company.
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7. Customer may, at its option, elect to avoid liability for loss or destruction of Company's equipment beyond the stated deductible values per unit specified on the face of this agreement, by payment of the applicable Waver of Liability Charge. Such payment shall protect Customer against liability for loss or destruction of such unit beyond the stated deductible for a period of one year from the date of payment. Protection will be renewed automatically each year and the renewal charges added to customer's account unless Customer or Company terminate Customer's service, or otherwise terminate Customer's Waiver of Liability coverage prior to expiration of the covered year. To avail himself of coverage, all of Customer's Company-supplied equipment must be covered, including any equipment which the Customer may add hereafter. Waiver of liability charges are not refundable or proratable for any reason, and are deemed fully earned upon payment. Customer shall continue to be responsible for the payment of the stated deductible values for any equipment which is lost, stolen, or destroyed while covered under the program. Waiver of liability on any particular unit is limited to one occurrence, and a separate Wavier of liability Charge shall be due and payable upon replacement of the lost, stolen or destroyed equipment by Company. Customer's entitlement to the benefits of the Waiver of Liability program may be terminated by Company in the event of nonpayment of any applicable charges or any fraud or other abuse of Company's equipment or services. All equipment found after being reported lost are Company's property, and a refund or a credit of the paid deductible will be issued to the original customer, less processing charges not to exceed $25.00 per occurrence. In the event that Customer's losses of equipment exceed statistically established losses for the industry, Company may, at its sole discretion, elect to cancel the Waiver of Liability program and issue a credit to Customer, on a prorate basis, for the unused portion of remaining Waiver of Liability Charges. Should Customer elect not to subscribe to the Waiver of Liability, Customer shall be responsible for reimbursement to Company to the replacement values set forth on the face of this agreement. Damage to rental equipment through physical abuse, misuse, tampering, is outside the scope of Company's Waiver of Liability , and Customer shall be required to pay additionally for any repairs necessitated thereby, as well as for regular maintenance charges as applicable. Company shall be the sole judge as to whether rental equipment has been physically abused, misused or tampered with. Customer has indicated on the front side hereof whether Waver of Liability protection is accepted or declined. 8. The person executing this Agreement on behalf of Customer warrants that he or she has all necessary authority therefore, and that Customer is the rightful owner of, or is otherwise lawfully entitled to the possession and use of, any Customer supplied equipment and addresses to be used or traded in to Company. 9. Internet services offered by Company are at all times subject to all rules, regulations and provisions of any applicable tariffs as well as any applicable statues of regulations of the Federal Communication Commission or State Agencies may lawfully direct in the exercise of their jurisdiction. 10. No representative of Company has any authority to vary these Terms & Conditions in any way, nor to make any representations in conflict herewith, or in conflict with any applicable tariffs. 11. This Agreement shall not become binding upon Company until its acceptance by Company, including approval of Customer's Credit. 12. If Company takes legal action to enforce this agreement, Company shall be entitled to an award of reasonable attorney's fees in addition to any other relief granted. 13. This Agreement shall not be transferable or assignable by Customer without the prior written consent of Company. 14. Taxes may be charged a applicable. 15. This Agreement is subject to the terms of the tariffs of Company, and revisions thereof, on file with local governments where applicable. Should any provisions in this agreement conflict with the provisions of the tarrif, these provisions shall be deemed modified to the extent necessary to comply therewith. 16. In the event that Customer fails to pay any amounts owed Company, including without limitation, amounts for damage or non-return of equipment as and when due hereunder, Customer hereby authorizes Company to charge or debit such amounts to any credit card account or checking/draft account of Customer in the Company's records, and to execute on Customer's behalf any necessary charge or debit forms, copies of which shall be mailed to Customer at the last address shown on company's records. 17. All rights to works designed by Company or its vendors shall remain the property of Company and shall not be transferred unless and until company transfers right(s) in writing.
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