Customer Agreement

Subscriber Agreement

This agreement is between Broadband Corp known herein as the Company and Customer Named on the other side of this page known herein as the “Subscriber”. Company and Subscriber shall be in an Agreement for the term of the selected billing option which shall be effective upon completion of connection and shall remain in effect for the “term” of such option.

Options

Following are a set of billing options. The Subscriber will choose one during the sign-up process and be bound only by the terms of the selected options. If one is not chosen during the sign-up process, Standard Billing will be the default choice. All other contract terms will apply unless otherwise specified within the option terms. The Company reserves the right to change the availability of options to the Subscriber.

  • Standard Billing: With this option, the Subscriber agrees to a contract term of two (2) years at a specific service level. Early contract termination clause applies. At the end of the contract the Subscriber will be bound by a Month to Month term. Installation costs are due upon install.
  • Snowbird: The availability of this option depends on the Subscriber moving out of our service area for 4 or more months but not more then 7 months out of one year. The subscriber will be required to pay a reduced rate paid in advance instead of their normal per month during the period that the subscriber will be out of our service area. It is the Subscribers responsibility to inform the Company when they will leave the service area. The contract term is 2 years. Early termination clause applies. During noted time out of service area, service with the exception of e-mail service will be unavailable.
  • Month to Month: Subscriber is not bound by a specific contract term, but instead is bound by the terms of this contract on a month to month basis. To use this option, the subscription pays an additional one hundred dollar ($100) setup fee. Company still retains ownership of all radio equipment installed. Customer can cancel service per the Account Termination clause provided below.

Provisions

Provision of Services: Company will provide services on its computing and network systems and also provide the installation of necessary Equipment to Subscriber in exchange for payment of fees and compliance with the terms and conditions of this Agreement. Company’s services are defined as the use by the Subscriber of computing, telecommunications and information services provided by Company and any access to computing, telecommunications, software, and information services provided by others via the Internet or private interactions under the conditions of the AUP portion of this agreement. The Subscriber also agrees to be bound by an ongoing AUP that is available at http://www.broadband-mn.com/.

Connection/Installation Fees: Rates shall be defined on billing page of this Agreement and will be adhered to as per definitions outlined herein.

Payment Policies & Terms: Subscriber shall be billed on their “Expiration Date” of each month, ten (10) days in advance. Payment by Subscriber shall be due on the “Expiration Date”. Accounts remaining unpaid for fifteen (15) or more days shall be deemed delinquent. Delinquent accounts shall have all services to the Subscriber suspended until the account is paid in full. In the event that a balance is unpaid for and additional (30) or more days shall be subject to early termination fees, collection and be liable for any legal fees.

Account Termination: Subscriber may terminate this Agreement by submitting a written request for termination (e-mail, fax or U.S. Mail) to Company at the address listed in this agreement. In the event of termination under this provision by a Subscriber all amounts remaining due and owing to Company shall be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent. Company reserves the right to discontinue services to customer at any time for any reason.

Account Termination Fee: In the event of termination before the end of the two (2) year contract period and after the Trial Period. The Subscriber will be responsible for paying half of the remaining months of service.

Account Termination Exception: If Subscriber moves out of the service area, the Company has thirty (30) days to provide service to that area or the subscriber account is terminated with no termination fee. If an issue related to the Companies network causes Subscriber to lose access to the Companies services. Company has 30 days to resolve the issue or Subscriber maybe given an option to end services without early termination fees.

Trial Period: Subscriber has 30 days after the start of the contract to cancel service without any additional costs to the Subscriber. Subscriber may also be eligible for a full or partial refund determined by the Company of any costs paid by the Subscriber as part of the installation of service.

Additional Fees: In the event that special construction, or additional equipment including but not limited to, longer cable, grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed per the billing page.

Equipment & Scope of Work: All equipment, (radios, antennas & standard mounting equipment), except for equipment purchased and paid for in full by the Subscriber, will at all times remain the property of Company. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by Company in obtaining or attempting to obtain possession of any such equipment. On termination of this Agreement, Subscriber authorizes Company to retrieve from Subscriber’s premises equipment for appropriate disposition that is owned by Company.

Expedited Connections: If an expedited connection is requested within four (4) business days or less will incur a Five Hundred Dollar ($500) expedite charge.

Permitting & Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna and installation regarding the Subscriber building. Company may assist you or provide this service for you at an additional charge outlined on billing page. This is applicable to the property listed at the installation address contained on billing page that is under rental or lease contract by Subscriber. Company is not responsible for property contract violations, damage, or other results of this installation if subscriber or it’s affiliates proposes ownership or false landlord. No initial marked here implies ownership of premises. Intials            

Standard Maintenance: Company’s connection point ends at the wireless radio or LAN jack on our router. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Company’s network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but Company’s network is still functioning properly, a technician will be sent to trouble shoot during normal business hours ( 9AM-5PM, Monday-Friday). Standard hourly rates may apply.

Not Covered by Standard Maintenance: Maintenance, repair or replacement of parts damaged or lost through act of God, catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of Subscriber computer and/or peripheral equipment not installed by Company, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage. Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates and may be subject to equipment costs. Company is not liable for any damage to property as a result of above occurrences.

Best Effort Service: Service is provided on a best effort basis. In the event of a network outage Subscriber will not be reimbursed for the downtime or system congestion. If a scheduled downtime is expected to last longer than a reasonable time as determined by the Company, Subscriber will be provided with a reimbursement and/or alternative means for connecting to the internet.

Warranties: All Company provided equipment such as cables and antennas are covered under manufacturer warranty against defects for a period of no more than 1 year. If any part of the wireless equipment fails due to manufacturing defect prior to one year, it will be replaced at no charge pending testing of said equipment.

Use of Services: The use of services is determined in the AUP. The company reserves the right to change the AUP at any time due to changing technology. Abuse of the terms of the AUP may result in suspension or termination. A copy of the currant AUP is available on the company website http://www.broadband-mn.com, the link is at the bottom of the main page. The operation of server software on the network is expressly prohibited unless a written consent is provided by the company to the subscriber.

Change of Installation: The Company reserves the right to modify a Subscriber installation to better provide service to the Subscriber or performance for the network.

Indemnification/Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Company, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Company’s services hereunder including but not limited to, Subscriber’s access to content uploaded or down loaded using Company’s services from any source or to any recipient. Subscriber further releases Company from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Company’s systems and/or the wireless network. Subscriber’s release of Company includes any actions or inaction by Company, which amount to negligence. Subscriber further agrees to indemnify and hold harmless Company from and against any and all claims actions causes of action, losses or damages including attorney’s fees which in any way arise from Subscriber’s installation of, use of, termination of Company’s services herein.

Disclaimer: Company assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Company’s services. Company discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Company which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, Including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to Company that its use of Company’s services to access information, content or other services is at subscribers own risk.

Governing Law and Venue: The laws of the State in which this contract is executed shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be the county in which Company or it’s branches presides.

Arbitration & Attorneys Fees: The Subscriber and Company agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. Subscriber and Company agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

The Subscriber consents to the installation, maintenance and removal of the equipment described herein and required by Subscriber to receive Company’s services. Ver 03-28-11