Internet Service Agreement
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED FROM TIME TO TIME BY WI-FIBER BROADBAND. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT WI-FIBER BROADBAND WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WI-FIBER BROADBAND WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH 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
https://wi-fiber.io/legal/agreement FOR PURPOSES OF THE TERMS AND CONDITIONS, YOU WILL BE REFERRED TO AS THE “CUSTOMER.”
Terms and Conditions:
1. Definitions: Customer’s request for wireless service and subsequent use hereby provides Confirmation and Acknowledgment of the Terms and Conditions of this agreement for Internet Service with Wi-Fiber, Inc d/b/a Wi-Fiber, a Utah corporation (“WI-FIBER”). Your acceptance of such order, including acceptance of all of the terms and conditions (“Terms and Conditions”) set forth below, and will authorize WI-FIBER to provide you with the Services (as defined below) for period agreed to by you (“Customer”) upon placing an order for the Services.
2. Installation and Equipment: You hereby authorize WI-FIBER and /or it’s authorized contractors to install antenna, transceivers, wiring and other equipment (the “Equipment”) at your home or office (the “Premises”) necessary to provide the Services, and that all installations have been approved by property owner or other governing authority. WI-FIBER will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets. You agree to allow WI-FIBER or its contractors access to the Premises to perform installation, repair, maintenance or removal of the Equipment.
3. Service: You agree to purchase VOIP telephone, IPTV, or Internet access services (“Services”) from WI-FIBER. You shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. You shall be responsible for insuring that such equipment is compatible with the Services. Services provided by WI-FIBER are for the sole use of you, the Customer, and not for resale of any kind without prior written consent of WI-FIBER, which may be given at its sole discretion. In the event you attempt to resell the Services, WI-FIBER may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.
4. Term of Agreement: This agreement has no initial term and is understood to continue on a month-to-month basis. At any time, either party may terminate this Agreement, effective at the end of any monthly term, upon written notice. The term begins after WI-FIBER has received and accepted your signed contract, and has installed Customer Premises Equipment (the “Equipment”). If WI-FIBER cannot successfully deliver the Service, this contract is implicitly terminated without penalty or cost. WI-FIBER retains the right to recover all Equipment provided but is under no obligation to do so. You agree to cooperate with such recovery during normal business hours.
5. Rates and Payment Terms: The rates for Internet, IPTV, or VOIP service (“Rates”) are set forth in the attached Service Rate Schedule and are billed monthly in advance and are due within ten days of receipt of electronic or postal billing. The Rates may be changed by WI-FIBER at any time by giving you written or e-mailed notice of the new Rates at least thirty (30) days before their effective date. In addition to the Rates, WI-FIBER will bill you for all federal, state, county, and local taxes, surcharges, fees, and universal service contributions that may apply. Charges for the Services will begin when the Services are installed. Payments for Services will be made automatically through monthly checking draft or billed to your credit card, unless you have been approved for paper billing. Paper Billing requires an administration fee of $5.00 per month to be added to your account. You may pre-pay by check or money order if you prefer not to pay via credit card or be billed monthly, but a credit card number is required in all cases to secure your account with WI-FIBER. You must keep WI-FIBER informed of any changes in your credit card information, or you will be in default under this agreement.
6. Default and Remedies: You will be considered in Default of the Agreement if:
Payment for any Service has not been made within ten (10) days after WI-FIBER has sent you a notice via e-mail that such payment is overdue or;
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 the current WI-FIBER “Acceptable Use Policy” (AUP) for VOIP telephone, IPTV, or Internet Access Service.
UNPAID ACCOUNTS & INTEREST CHARGES: In the event any balance due here under is not paid as agreed said account(s) are delinquent, the undersigned (you) jointly and severely agrees to pay all remaining amounts due plus court costs, reasonable attorney’s fees, a collection fee of 40% of the outstanding balance pursuant to Utah law, and interest thereon at the rate of 18% per annum. We reserve the right to charge interest at the rate of 1 ½% per month, 18 percent annually. In the event your account becomes delinquent and/or past due you expressly authorize this office its’ billing or collection company(s) which may be assigned, to use any contact information you have provided on any form or document to contact you. You expressly authorize us and/or our assigns to contact you by telephone by sending text messages or emails at any number or email you have listed, methods of contact may include the use of prerecorded artificial voice messages and/or the use of automatic telephone dialing system, as applicable. You acknowledge and agree that this authorization shall extend to any billing or collection company(s) which may be assigned. Furthermore, you understand certain forms of communication may not be secure and accept that risk holding harmless this office its’ billing or collection company(s) which may be assigned.
If you do not return wifiber equipement within 30 days of delinquency of the account(s), you will be charged a $250.00 equipment cost. Any equipment returned, later than 30 days past delinquency may or may not be accepted by Wi-fiber and any balance credit is at the sole discretion of Wi-fiber.
7. Termination Charges: For month-to month agreements there are no termination charges so long as the Equipment is returned in good working order.
8. Limited Warranty: Wireless Service: WI-FIBER 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:
8.1 Quality of Service: You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, 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 Service. It is possible that there may be other operational impediments that may preclude or delay the actual installation, repair and maintenance of Wireless Services to your Premises. WI-FIBER reserves the right to terminate this Agreement without liability to you if WI-FIBER is not able to provide, repair or maintain Wireless Services to your Premises. WI-FIBER will use commercially reasonable efforts to provide installation, repair, and maintenance of services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify WI-FIBER and we will undertake commercially reasonable efforts to restore the Wireless service. WI-FIBER will not be responsible for service issues relating to your computer, network or software.
8.2 Limitations: The limited warranty shall not apply if:
WI-FIBER Equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes;
The Wireless Service or related Equipment has been installed, repaired or altered by anyone other than WI-FIBER technical support or its subcontractors or affiliates, without prior written approval; or;
The Wireless Service or related Equipment is used in violation of applicable law or in violation of instruction furnished by WI-FIBER, if any.
8.3 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.
9. 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 WI-FIBER’s “Acceptable Use Policy” (“AUP”) as set forth on WI-FIBER’s website at https://wi-fiber.io/legal/acceptable-use-policy/ . 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 materials 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. You are responsible for all security for your personal network, computers, files, programs, transmissions, etc. WI-FIBER, it’s affiliates and contractors will not be liable for any security breaches on your system nor for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature.
10. Indemnity: You agree to indemnify, defend and hold WI-FIBER, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or Services by you or any user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
11. Limitation of Liability:
11.1 ANY LIABILITY OF WI-FIBER 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.
11.2 NOTWITHSTANDING THE FOREGOING, WI-FIBER’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 YOU WOULD HAVE PAID WI-FIBER UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR TWO HUNDRED DOLLARS ($200.00) WHICHEVER IS LESS.
11.3 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
12. Force Majeure: WI-FIBER will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond WI-FIBER’s immediate and reasonable control.
13. Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all Attachments and Schedules referenced herein, if any, constitutes the entire Agreement between parties concerning the subject matter hereof and supersedes any 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 WI-FIBER 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. The limitations on liability and indemnification inure to the benefit of and apply to any successor to WI-FIBER’s business by way of merger, purchase of assets, operation of law and to any WI-FIBER subcontractor.
14. Arbitration: At the election of either you or us, any claim, dispute or controversy (“Claim”) by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or your Account, or any transaction on your account shall be submitted to binding arbitration. You further agree that no class actions, joinder or consolidation of any Claim, with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us.
15. Agreement by using of the services: You may sign this Agreement and fax it to WI-FIBER, sign it and submit it Digitally, or continue to use the services of WI-FIBER and it will have the same effect as if you had returned the original signed document to WI-FIBER.