TecInfo Communications, LLC Wireless Service Agreement
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
BY USING THESE SERVICES, (i) CUSTOMER ACKNOWLEDGE THAT THEY ARE AN ADULT (18 YEARS OR OLDER) AND (ii) HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED BY TECINFO COMMUNICATIONS, LLC FROM TIME TO TIME. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, ACKNOWLEDGES THAT TECINFO COMMUNICAITONS WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.
IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, CUSTOMER MAY NOT USE THE SERVICES AND SHOULD CANCEL ORDER. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, TECINFO COMMUNICATIONS WILL BE UNDER NO OBLIGATION TO PROVIDE THE SERVICES.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. THE LATEST VERSION OF THE TERMS AND CONDITIONS MAY BE FOUND AT HTTP://WWW.TECINFO.NET FOR PURPOSES OF THE TERMS AND CONDITIONS.
Terms and Conditions
1.Definitions: This Services Order Confirmation and Acknowledgment of Terms and Conditions shall serve as confirmation of the Wireless service order with TecInfo Communications, LLC and the acceptance of such order, including acceptance of all of the terms and conditions (“Terms and Conditions”) set forth below, and will authorize TecInfo Communications to provide Customer with the Services (as defined below) for period agreed to by the Customer upon placing an order for the Services.
2.Service: Customer agrees to purchase wireless and/or network access services (“Services”) from TecInfo Communications. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Customer shall be responsible for insuring that such equipment is compatible with the Services. Services provided by TecInfo Communications are for the sole use of the customer, and not for resale of any kind without prior written consent of TecInfo Communications, which may be given at its sole discretion. In the event an attempt to resell the Services, TecInfo Communications may, at its sole discretion, increase the fees associated with the Services, or terminate the Services entirely.
3.Term of Agreement: This agreement has an initial term of 24 months (the “Initial Term”) and will continue on a month-to-month basis thereafter. After the Initial Term, either party may terminate this Agreement upon thirty (30) days’ written notice. The Initial Term begins upon completion of “Service Turn-Up” If TecInfo Communications cannot successfully deliver the Service, this contract is implicitly terminated without penalty or cost.
4. Rates and Payment Terms: The rates for Wireless service (“Rates”) are set forth in the attached Rate Schedule. The Rates will be in effect for the Initial Term, and may be changed by TecInfo after the end of the Initial Term by giving a written or e-mailed notice of the new Rates at least thirty (30) days before their effective date. In addition to the Rates, TecInfo will bill for all federal, state, county, and local taxes, surcharges, fees, and universal service contribution on the Service. Charges for the Services will begin when the Services are installed. Payments for Services will be made through monthly charges to credit card or by bank draft, unless Customer has been approved for monthly invoicing. Customer may pre-pay by check or money order although a credit card or bank draft is required in all cases to initially secure an account with TecInfo Communications. Customer must keep TecInfo informed of any changes in the account information, or Customer will be in default under this agreement.
5. Default and Remedies: Customer will be considered in Default of the Agreement if 1) payment for any Service has not been made within fifteen (15) days after notice has been sent via e-mail that such payment is overdue and 2) for any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach, or for any breach of Acceptable Use Policy for Internet Access Service. Default of this Agreement may constitute terminating all Services under this Agreement without further notice and Customer will be charged an early termination fee of $250.
6. Early Termination Charges: Customer must notify TecInfo in writing of intention of termination no less that 30 days prior to termination date to avoid additional monthly charges. In the event that the Service is disconnected at customer’s location prior to completion of a full twenty-four (24) month in-service term, Customer shall pay termination charges calculated by multiplying the number of months remaining in the contract period by the contracted monthly rate by 85%. If this Agreement is terminated before the end of the Initial Term without a 30 day written notice, Customer will also be responsible for all service charges that would have been incurred for the next 60 days of the billing cycle and $250.00 early termination fee.
7. Limited Warranty – Wireless Service: TecInfo warrants that, subject to the limitations set forth below, the Wireless service will operate in substantial accordance with the terms of this Agreement. The limitations include:
7.1 NO 911 SERVICE. Customer is hereby notified that Wireless Service provides only point-to-point communication services, and does not provide 911, E911, or other emergency, operator or ancillary services that are usually available through local telephone services.
7.2 Quality of Service: Customer understands and acknowledges that the actual transmission speeds may vary from the transmission speeds that might otherwise be expected, due to such factors as the line-of-sight (LOS), distance to transceiver, and other operation characteristics of the facilities and equipment used in the Wireless Service. It is possible that there may be other operational impediments which may preclude or delay the actual installation, repair and maintenance of Wireless Services to the premises. TecInfo reserve the right to terminate this Agreement without liability to the Customer if unable to provide, repair or maintain Wireless Services to the premises. TecInfo will use commercially reasonable efforts to provide installation, repair and maintenance services. If Customer experiences a substantial reduction in transmission speed or significant interruption of service, please notify Tecinfo and every commercially reasonable effort will be made to restore the Wireless service. TecInfo will not be responsible for service issues relating to Customer’s computer, network or software.
7.3 Limitations: The limited warranty shall not apply if: 1) Customer equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes; 2) The Wireless Service or related equipment has been installed, repaired or altered by anyone other than TecInfo’s technical support or its subcontractors or affiliates, without prior written approval; or 3) the Wireless Service or related equipment is used in violation of applicable law or in violation of instruction furnished by TecInfo, if any.
7.4 Warranties The foregoing limited warranties shall be in lieu of, and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose.
8. Use of Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to TecInfo Communications Policy as set forth on TecInfo Communications web site at http://www.tecinfo.net. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.
9. Restrictions: Wireless Customers agree not to resale services of any nature from the Wireless connection to TecInfo Communications. In the event any Wireless Customer attempts to resale services on the network, TecInfo Communications may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.
10. Limitation of Liability:
10.1 ANY LIABILITY OF TECINFO COMMUNICATIONS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE PARTY HAS
ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10.2 NOTWITHSTANDING THE FOREGOING, TECINFO COMMUNICATION’S TOTAL LIABILITY TO ANYONE UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT THAT CUSTOMER WOULD HAVE PAID TECINFO COMMUNICATIONS UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR FIVE
HUNDRED DOLLARS ($500.00) WHICHEVER IS LESS.
10.3 CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
11. Force Majeure: TecInfo will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil
commotion, or any other force beyond our immediate and reasonable control.
12. Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all Attachments and Schedules referenced herein, if any, constitutes the entire Agreement between TecInfo concerning the subject matter hereof and supersedes an prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any changes to this Agreement, or any amendment or supplement to the Agreement must be in writing and signed by TecInfo Communications to be enforceable. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the original intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
13. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Greenville, Mississippi
by a single arbitrator who has special knowledge of the industry or technology involved in the dispute.
14. Repeat Signals: TecInfo Communications reserves the right to add additional antennas at the location to repeat signals to mesh our customer network.
15. Faxed Copies: Customer may sign this Agreement and fax it to TecInfo, and it will have the same effect as if Customer had returned the original signed document. In proving this Agreement, it will not be necessary for TecInfo to produce or account for the original document signed by Customer if TecInfo produces the faxed copy that was sent.