Wireless Internet Service Agreement Terms and Conditions
Hy-Tek Computer sales and services ltd reserves the right, in its sole discretion, to modify the Terms and Conditions of its Wireless Service Agreement with Customer, at any time. Customer acknowledges that its use of the Wireless Internet Service is expressly subject the Terms and Conditions, as the same may be amended, and recognizes that it is the Customer's duty to check the Provider's website from time to time to keep well informed of any changes to the Terms and Conditions of the Wireless Service Agreement. Customer agrees to pay for Wireless Internet Service pursuant to any revised rates, provided.
Table of Contents:
- Provision of Service
- Wireless Customer Connection
- Minimum System Requirements
- IP Numbers and Bandwidth
- Warranty of Equipment and Software
- Term of Service
- Payment of Service
- Credits or Refunds of Service
- Termination of Service
- Customer Acceptance
Provision of Service:
Connectivity is provided for Customer only. Resale or use of the connection by another user or organization is prohibited. This includes, but is not limited to, providing website hosting Services by Customer.
Provider makes no warranty either express or implied regarding the quality of the Internet access Service to be provided hereunder, including but not limited to, the condition, merchantability, fitness, adaptability or suitability for any particular purpose of the Internet access Service. The Internet access Service is provided on an "as is, as available" basis. Neither Provider nor anyone else involved in creating, producing or delivering the Internet access Service shall be liable for any indirect, incidental, special, punitive or consequential damages arising out of the use of the Internet access Service or inability to use the Internet access Service. This includes loss of data resulting from delays, non-deliveries, Customer's own errors or omissions. Use of any information obtained via Provider is at Customer's own risk. Provider specifically denies any responsibility for the accuracy or quality of information obtained through its Services. No advice or information given by Provider's employees, agents or contractors shall create a warranty.
Provider has no obligation to monitor the Service; however, Provider may monitor the Service and disclose information gained from such monitoring in order to satisfy any Law, regulation or other governmental or individual request, to operate the Service and administer Provider's network, or to protect itself or its Customer.
The Internet is not a secure network and third parties may intercept, access, use or corrupt the information Customer transmits over the Internet. Provider does not warrant that files or information downloaded through the Service will be free of viruses or other disruptive code or that the Service will provide Internet access that meets Customer's needs and it makes no warranty regarding any transactions executed through the Service.
Provider does not warrant that the Service will perform at any particular speed or provide any specific bandwidth or throughput, or that transactions through the Service will be uninterrupted, error- free or secure. Provider disclaims any and all warranties for the Service and any equipment provided in connection therewith (Including any Subscriber Module (SM)), whether express or implied, including any warranty of merchantability or fitness for a particular purpose, all of which are expressly excluded. In no event shall Provider be liable for any indirect, special, consequential or incidental damages, including damages for lost profits or revenue, or any damages for lost or damaged files or data, or any damages attributable to the use or inability to use the Service or any information obtained thereby, even if Provider has been informed of the possibility or likelihood of such damages.
If needed, Customer is responsible for providing access to their Premise as scheduled with Provider for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of Provider in connection with the equipment and Service.
Wireless Customer Connection:
As a Customer, I understand that my Wireless connection will be provided on a "best effort" basis and that the connectivity speed will depend on a number of factors, including:
- The distance between Customer computer location and the transmission tower.
(The radio signal is strongest closer to the transmission towers);
- The type of building that houses Customer computer.
(Metal buildings and mobile homes reflect radio signals and therefore may affect the outdoor antenna signal quality);
- The terrain between Customer computer location and the transmission tower.
(The radio signal will not penetrate the earth; therefore, if Customer is in a low spot, signal reception may be impossible);
- The amount of foliage near Customer computer location.
(The further away from the transmission tower, the more that heavy tree coverage and other foliage become an issue);
Note that weather conditions will not affect the radio signals; however, the Subscriber Module must be securely mounted so that high winds and heavy rains will not reposition the Subscriber Module or get the cable connections wet, and that the Subscriber Module is properly grounded. A surge suppressor is recommended on all installations.
Further, I understand that my computer system must meet the following minimum requirements.
Minimum System Requirements:
Operating System must be running Microsoft Windows® 2000 or later, or Macintosh® OS X. This includes Windows 2000, Windows XP, and Vista. Note that Windows 98 is NOT supported.
Memory of System must have a minimum of 128MB of RAM for Windows 2000 and XP and 512 MB for Vista. Customers can check how much Memory their system has by right clicking on "My Computer," and then choose "Properties." If Customer does not have the required minimum, then Customer must add additional RAM in order to meet system requirements.
A Network Card is required on all Customer desktop computers and laptop equipment.
IP Numbers and Bandwidth:
Customer shall have no proprietary rights to the IP Number(s) provided to it by Provider. Provider reserves the right to assign, designate or change access IP Numbers, at its sole discretion, such assignment, designation or change is reasonable or necessary in the conduct of its business.
In the event that Customer's IP Number(s) and equipment is lost, stolen or otherwise absent or misappropriated from Customer's possession and control, Customer shall nonetheless be liable for all use and other charges attributable to the Customer's account number until such time as Provider is notified of the loss, theft or other occurrence.
Customer agrees Provider reserves the right to restrict bandwidth to any user whose traffic or usage results in slowdowns of the entire network. The Wireless Internet system was not intended for server use such as hosting large web pages, hosting download pages, providing streaming media or hosting game servers. Provider at its sole discretion may limit a Customer's ability to house a server on the Wireless Network.
Warranty of Equipment and Software:
Customer acknowledges and agrees that Provider is not the manufacturer of equipment or Internet package software and Provider hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or Service or Internet package software (whether purchased or leased by Customer from Provider or another), including, but not limited to, any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. Provider, to the extent permitted by law, assigns to Customer any and all manufacturer's warranties relating to equipment or Internet package software purchased by Customer and Customer acknowledges receipt of any and all such manufacturer's warranties. Provider will provide Customer with a Subscriber Module (SM) that is leased to Customer under the terms hereof. This equipment is to be used only for the purpose of connecting to Provider's high-speed Wireless Internet Service.
The Subscriber Module is provided under lease only; the equipment shall at all times remain the property of Provider. Customer will maintain the equipment in good condition. Provider owns the equipment and has the right to repossess the equipment from Customer if Customer fails to pay for the Service. Upon any termination, the equipment shall be returned to Provider in good condition within fifteen (15) days of termination or Customer agrees to pay Provider the current retail cost of the equipment. The Service itself is provided as is and where is, and without warranty of any kind, and there are no warranties, express or implied, for the Service.
Customer is responsible for maintaining all hardware and software necessary to connect to the system. Provider's Technical Support will troubleshoot and support Customer on Service and Subscriber Module issues pertaining to the Provider's network and Service only, and reserves the right to determine that a problem or issue is the Customer's responsibility.
Term of Service:
This Agreement shall commence of the date of Service activation and remain in effect for the Term of one (1) year. At the end of the one (1) year term, this Agreement shall renew in accordance with the Customer's Payment Schedule Term (monthly, quarterly, semi-annual, or annual).
Payment of Service:
Monthly charges for Wireless Internet Service provided under this Agreement are invoiced in advance of the term in which the Wireless Service is provided. Charges that occur during the use of the Service will be included in the following month's invoice.
Payments received after the due date may incur a late payment charge of up to the highest rate permitted by law on the unpaid balance for each month or fraction thereof that such balance shall remain unpaid. Customer's Service may be interrupted or terminated at Provider's discretion if payment is not received on or before the due date.
Customer shall be responsible for all costs, including but not limited to the current retail value of equipment, associated with the replacement or repair of any equipment or damages caused as a result of misuse, abuse, neglect, or negligence by the Customer. A surge protector is recommended on all installations. Insurance of equipment owned by Provider is the responsibility of the Customer.
If Customer defaults on his/her account, Customer agrees to pay all cost of collection including attorney fees, collection fees, and contingent fees to collection agency of not less than 35%, such contingency fee to be added and collected by the collection agency immediately upon Customer default and Provider's referral of Customer account to said collection agency.
Provider will notify Customer thirty (30) days in advance of any adjustment in rates (such notice may be provided by e-Mail) unless Customer terminates this Agreement in accordance with the Terms and Conditions hereof.
Credits or Refunds of Service:
A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects, or curtailments in the Service caused by the negligence or wilful acts of Customer or any third party, or mistakes, omissions, interruptions, delays, errors or defects caused by the failure of equipment or Services not provided by the Provider.
No refunds will be given for cancelled accounts unless the account is clearly determined to be defective and non-working.
Termination of Service:
Customer may terminate the Agreement by written notification thirty (30) days prior to the Term renewal. In the event Customer terminates Service in whole or in part prior to the expiration of Term, Customer waives all rights to a refund of unused Service and subject to an earlier termination fee of $200 associated with Service.
Upon any termination, the Subscriber Module shall be returned to Provider in good working condition within fifteen (15) days of termination or Customer agrees to pay the Provider the current retail cost of the equipment. Returned equipment will be evaluated by Provider and Customer will be assessed any costs, including but not limited to the current retail value of equipment, if Provider determines the equipment is not in good working condition as a result of Customer negligence. Equipment returns and any arrangements pertaining herein are the sole responsibility of Customer. Equipment returns are to be mailed to: Hy-Tek Computers, 4920 51st ave, Rocky Mountain House, Alberta T4T 1J6.
All charges are to be paid in full, within fifteen (15) days of the date of the Provider's letter of Cancellation Notice. Payments are to be mailed to: Hy-Tek Computers, PO Box 2409, Rocky Mountain House, Alberta. T4T 1J6
If any payment due hereunder is not paid in full by the Customer within thirty (30) days of the date of the Cancellation Notice, Customer's account may be forwarded to a collection agency.
If Customer's Service is terminated for any reason, Provider has the right to delete all data, files and other information stored in or for Customer's account, without liability to Provider for any such deletion or any information lost.
Customer confirms that he/she has reviewed the Terms and Conditions of the Wireless Internet Service Agreement hereof and has determined that the provisions hereof are suitable for Customer's needs, and that Customer has had ample opportunity to consider whether to accept this Agreement. Customer confirms that the contractual allocations of risk and reward as set forth herein shall not be disturbed or overturned by any tribunal based on any extra-contractual considerations. And Customer understands that if he/she does not agree to these Terms and Conditions and the additional provisions as set forth, Customer may not use any of the Provider's equipment or Service. Customer agrees not to assert any argument contrary to these provisions in any forum.