This Wireless Internet Access/Lease/Installation Agreement (“this Agreement”) is entered into this day _____ of______________, 20___, between Impact Internetand ___________________________________ (“Subscriber”), located at ________________________________________________________________. Impact Internet shall provide Subscriber with a wireless connection to the internet.
Impact Internet agrees to lease/sell to Subscriber equipment necessary to establish a wireless Internet connection, “Leased Equipment”. With the exception of manufacturing defects, which shall be remedied by Impact Internet without charge to Subscriber at any time during the term of the Agreement, Subscriber shall bear all risk of loss in respect to the Leased Equipment, including, but not limited to damages caused by weather or other conditions existing at Subscribers location, and Subscriber shall return the Leased Equipment to Impact Internet in good working order within ten(10) days of the date of any termination of this Agreement, or subscriber is subject to a cost of replacement.
Impact Internet shall provide Subscriber with the labor necessary for the normal installation of wireless Internet equipment at the location set forth below. In consideration for the installation, Subscriber shall pay Impact Internet a one-time installation fee of $ 99.00, which shall be due along with one month of service at the time of installation.
Subscriber understands that the installation services included in this agreement are limited to the installation of an outdoor CPE which will be connected to an interior routervia one (1) hole through an exterior wall / roof of Subscriber’s structure. Impact Internet shall not be responsible for additional installation tasks not specifically listed in this Section 4, which may be deemed desirable or necessary by subscriber or the installer. Subscriber shall be responsible for the additional work subsequently requested by Subscriber.
Subscriber further agrees to maintain the equipment described in good repair. Impact Internet may require the subscriber to make equipment available to Impact Internet for removal.
All payments for service, lease and /or installation should be in the form of Major Credit Card or cash don’t think we want cash. If Subscriber does not return all the Leased Equipment to Impact Internet in good working order within ten (10) days of the date of the termination of this Agreement by either party, Subscriber authorizes Impact Internet to submit a charge on the Subscriber’s credit card account in the amount of the replacement value of the Leased Equipment not returned.
Impact Internet shall not be responsible or liable for any of the following:
Any obstruction(s) that might be erected or grow between the antenna at Subscribers’ location and the POP which causes degradation to loss of service.
Debris or ice on the antenna located at Subscriber’s location.
Aiming or re-aiming the antenna located at Subscriber’s location more than ten (10) days after its installation.
Repair or restoration of any structure or surface altered or penetrated by Impact Internet during the installation or removal of antenna, mast, tripod, wiring or any other Impact Internet Equipment located at Subscriber’s location.
Subscriber understands that wireless Internet connectivity requires direct radio line of site, and that any obstruction between the POP (tower?) and the antenna located at Subscriber’s location may block the signal and cause the failure of the Connection. In the event that foliage disrupts service, Impact Internet will attempt to reconfigure the equipment to restore service. Subscriber may incur charges for any extra hardware and service labor at that time. If service cannot be restored within fifteen (15) days of Subscriber’s notice to Impact Internet of a service interruption, either party may terminate this Agreement. Upon any termination of the Agreement pursuant to the preceding sentence, Subscriber shall receive a refund of a pro-rata portion of the service fee for any period in excess of forty-eight (48) hours that Subscriber has paid for service, but the Connection was not operational.
Subscriber acknowledges that all fees are non-refundable after the Connection becomes operational (the “Activation Date”).
Permitting and Landlord Approval.
It shall be Subscriber’s responsibility to obtain any required permits, consents or, for the installation of Impact Internet Equipment on property not owned by Subscriber, Landlord approval in the form set following: Landlord consents to the installation, maintenance and removal of equipment required for the Connection, _________________________ Signature of Landlord for Approval.
The term of this Agreement shall commence on the Activation Date and shall end 18 months after such date, at which time Subscriber will own in-home router.
Subscriber will be invoiced monthly in advance for all amounts due and owing to Impact Internet. All payments are due within 15 days after the date of such an invoice. Subscriber’s use of the Connection may be suspended if Impact Internet does not receive payment within ten (10) days of the date of the date of such an invoice. Payments shall be made online, via AutoPay, mailed to Impact Internet, PO BOX 878, West Seneca, NY14224 or by calling 716 507 0627 to pay with credit card.
Subscriber represents and warrants to Impact Internet that the Leased Equipment shall be at all times, prior to its return to Impact Internet, located at the address of Subscriber written above. Additionally, Subscriber understands and agrees that the equipment belongs to Impact Internet, unless purchased, and will allow Impact Internet access to equipment for maintenance / removal as deemed necessary solely at the discretion of Impact Internet.
The Connection is intended solely for use within the home, apartment, or office in which it is originally installed. Subscriber may not share the connection with other locations, unrelated parties, other business entities or their employees. Reselling Internet services obtained through the Connections is strictly prohibited.
Through the Connection Impact Internet provides Subscriber access to the Internet. Subscriber hereby acknowledges that the Internet is a separate and independent network of computers, which is not owned, operated or managed by Impact Internet or any way affiliated with Impact Internet or any of its affiliates. Subscriber’s use of the Internet shall be solely at Subscriber’s own risk and is subject to all applicable laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond the control of Impact Internet.
The Connection and Impact Internet network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Impact Internet to be inappropriate or improper, such as transmitting bulk e-mail messages, or using a peer-to-peer network.
Impact Internet makes no warranty, express or implied, including but not limited to, that the Connection is suitable for a particular purpose. Impact Internet shall not be responsible for any loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption, however caused. Use of any information obtained through Impact Internet’s network shall be at Subscriber’s own risk. Impact Internet specifically disclaims any and all responsibility for the accuracy or quality of information obtained through the Connection.
Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electrical breakdowns, may result in temporary impairment or interruption of service. As a result, Impact Internet does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice. Subscriber shall indemnify and hold Impact Internet and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities and fees incurred as the result of interruptions or omissions of service under this Agreement. Subscriber consents to the periodic monitoring of Subscriber’s use of the Connection and Impact Internet network by Impact Internet as may be reasonably required by Impact Internet to conduct its quality control activities.
Upon the occurrence of a breach by Subscriber of any provision hereunder, Impact Internet reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Subscriber therein.
Subscriber agrees to pay all costs incurred by Impact Internet in enforcing the terms of the Agreement, including, but not limited to reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including but not limited to, reasonable attorney fees.
This Agreement is deemed to be entered into in the State of New York and the parties agree that any dispute arising under this Agreement shall have its venue in Erie County, New York and any such dispute shall be governed by and constructed in accordance with the laws of the State of New York.
Impact Internet may assign this Agreement without Subscriber’s prior consent and all of Impact Internet rights, title, and interest herein shall insure to the benefit of such assignee, its successors and assigns. The Agreement shall not be assignable by Subscriber except with the written consent of Impact Internet. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns.
Neither party shall disclose any of the terms and conditions of the Agreement without prior written consent of the other.
Subscriber agrees to indemnify and hold Impact Internet harmless for any injuries or damages sustained during or as a result of the installation of the Leased Equipment by Subscriber or by any agent of Subscriber.
If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
All notices, elections, and waivers required or otherwise given hereunder shall be in writing and shall be served, unless otherwise provided, on the parties or their respective attorneys, if any, personally; by mail with postage prepaid and deposited into the United States mail, by facsimile transmission, or by electronic mail at the addresses set forth above. If mailed or transmitted as aforesaid, notices, elections, and waivers shall be deemed given on the date of such mailing or transmission (except as elsewhere provided herein).
This agreement contains the entire understanding between and among the parties and supersedes any prior understandings, and agreements among them respecting and subject matter of this agreement.