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ECTISP Inc. Wireless Service Agreement
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Customer Name____________________________________________
Company_________________________________________________
Address__________________________________________________
City_____________________ State______________ Zip_________
Telephone number______________ Telephone number_____________
Name on Credit Card _________________________________________
Credit Card Billing Address_________________________________________
City_____________________ State______________ Zip_________
Installation and/or Wireless Service will be billed to your Credit Card Monthly.
Credit Card: Visa ___ MasterCard ___Card #_____-_____-_____-_____ Exp.___/___
I verify I am at least 18 years of age, have read this Service Agreement, and initialed the service that is to be installed.
Signed_____________________________________________Dated_______________
Definitions:
A. "Agreement" refers to both the Service Agreement and the Service Exhibit.
B. "Customer" and "Customer's" refer to the Customer described above. The person whose signature appears on this Service Agreement represents that he/she is the Customer or is authorized to accept this Service Agreement and its terms on behalf of the Customer.
C. "ECTISP Wireless" refers to ECTISP Inc.
D. "Service" or "Services" refers to any service as described in the Service Exhibit, for customer's type of service, as revised from time to time.
E. "CPE" refers to all equipment that has been installed by ECTISP Wireless.
F. The "Effective Date" as used herein, means the date when the Agreement is accepted by ECTISP Wireless or successful Enablement of Services has occurred on CPE.
G. "Successful Enablement means that ECTISP Wireless has enabled the transmission of TCP/IP packets between ECTISP's Access Point Equipment and CPE that is specifically designated for the service, and a Customer user name and password with respect to the service has been authorized by ECTISP Wireless.
H. "Operation and Maintenance" means the continued Enablement of transmission of TCP/IP packets between ECTISP's Access Point Equipment and CPE interface that is specified for the service provided.
I. "Service Period" is from the first day of the month to the last day of the month.
This AGREEMENT (collectively, the "Agreement") is by and between the above signed customer and ECTISP Inc. with its main office at 300 Boyce Road, Waxahachie, Texas 75165 for the provision by ECTISP Inc. of certain network services for the Customer. This agreement may be modified by ECTISP Inc. from time to time.
1. Term.
This Agreement shall come into effect on the Effective Date, as defined above. Once ECTISP Wireless achieves Successful Enablement, the Service will be presumed to be available for Customer's use, regardless of the status of the Customer's equipment. The initial term of the Agreement shall be monthly. This agreement shall extend thereafter for successive month for ECTISP's monthly Wireless rates and shall remain in effect until terminated in accordance with the Termination provisions of this Agreement (paragraph 4).
2. Rates, Charges and Payment; Rate Changes.
A. The Customer is responsible for the payment to ECTISP Inc. of the rates and charges specified in the Service Exhibit. All rates and charges, as defined herein, shall become payable when this Agreement comes into effect, pursuant to the terms contained. All charges specified in this Agreement are expressly exclusive of any applicable taxes, the later of which shall be payable by the Customer and which shall be itemized separately by ECTISP Inc.. Rates and charges shall be invoiced on or before fifteen (15) days prior to the due date and will be due monthly on the first day of the month. ECTISP Inc. billing statement shall be deemed correct and binding on the Customer, unless an objection in writing is received by ECTISP Inc. ten (10) days from the date of the billing statement. Interest on any overdue payments owing to ECTISP Inc. pursuant to this Agreement may accrue on a daily basis and will apply at a rate of 1.5% per month (18% per annum). Service interruption does not relieve Customer from the obligation to pay all charges and penalties.
B. All new accounts will be pre paid and the following month will be pro rated from the Effective Date. Invoices are due and payable In Full upon receipt for the specified period of service. ECTISP Inc. will temporarily deny service upon the failure of customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts not paid In Full by the specified period will result in service interruption and a late fee of $3.00. Credit/Debt card that are declined for any reason are subject to a $1.00 declination fee.
C. Customers that request to be invoiced will receive an invoice in the email account that has been specified as the primary email account. You should receive your invoice by the 20th day of the month if not contact ECTISP Inc Accounting Department; so that we can provide you with information to remit your payment prior to any cut off dates or late fee assessments. Accounting Department's hours: Monday through Friday from 9:00 a.m. 5:00 p.m. closed on all Holidays.
D. If payment is returned unpaid or rejected by the bank, your service will be interrupted and you will be assessed a $29.00 returned item charge.
E. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge.
F. Customer hereby authorizes ECTISP Inc. to report any payment default to credit reporting agencies. Under the Fair Reporting Act, Customer has the right to notify ECTISP Inc. if it believes ECTISP Inc. has reported inaccurate information about Customer's account to any credit reporting agency. Please include the specific item of dispute and why Customer believes the information reported is in error in any such notice. Such notice should be sent in writing and include Customer's name, current address, Social Security Number, telephone number, account number and type of account. Customer must send such notice to: ECTISP Inc. P.O. Box 2674 Waxahachie Texas 75168.
G. Accounts that are not collectable by ECTISP Inc. may be turned over to a collection agency for collection. If your account is turned over for collection, you agree to pay ECTISP Inc. a "Processing and Collection Fee" of not less than $50 not more than $150. If you dispute a charge to your credit card issuer that, in ECTISP Inc. sole discretion is valid, you agree to pay ECTISP Inc. an "Administrative Fee" of not less than $50 and not more than $150. All payments to ECTISP Inc. are non-refundable. This includes the installation fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
H. The rates and charges specified in this Agreement are subject to revision by ECTISP Inc. from time to time, and ECTISP Inc. will provide thirty (30) days notice to the Customer of any increase in such rates and charges. When Customer receives notice of rate increase, Customer may terminate this Agreement upon providing ECTISP Inc. a written notice within thirty (30) days of the receipt of the rate increase notice from ECTISP Inc... If the Customer fails to deliver such notice to ECTISP Inc. this Agreement shall continue in effect and the new rate shall apply and be billed to the Customer.
3. Customer Obligations.
A. Customer shall at its own expense undertake any and all preparations required to comply with ECTISP Inc.'s installation and maintenance instructions.
B. Customer shall be precluded from doing any of the following:
•1) Posting or transmitting any transmission constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national, or international law, including without limitation the U.S. export control laws and regulations.
•2) Post or transmit any information of software which contains a virus, worm, cancel bot, or other harmful component. Hacking, or otherwise attempting to access restricted areas of any network or computer system.
•3) Upload, post, publish, transmit, distribute, or participate in the transfer or sale, or in any way exploit any information, software, or other material obtained through the Internet which is protected by copyright of other proprietary right, or derivative works with respect thereto, without permission of the copyright owner.
•4) Abuse or fraudulently use the Service in any way.
C. Customer acknowledges that access to the Service under this Agreement is intended for the use of the Customer and its authorized users only. Customer and its authorized users shall not resell the Service to any other party without having executed a separate Reseller Agreement with ECTISP Inc...
D. Customer acknowledges that access to the Service as a Single PC Wireless Service Type is for the use of one non-switched or non-routed connection to the CPE only. Service and support will be for Single PC only directly connected to the CPE.
E. Customer warrants that he/she either owns the building at which the service is being provided or, if a tenant he/she has obtained permission from the landlord to allow ECTISP Inc. and its subcontractors, to make whatever alterations considered to be appropriate for the work to be performed, which may include drilling of holes in exterior and/or interior walls and/or roof. Customer agrees not to hold ECTISP Inc. and/or their subcontractors, harmless; and indemnify and ECTISP Inc. and/or their subcontractors, against any damage, loss or expense of any nature whatsoever caused or claimed to be caused by installation of CPE, service work performed hereunder, or as a result of Customer's failure to obtain proper consent of the owner of the premises.
4. Termination.
Either party may terminate this agreement, by providing the other party (30) days Written Notice. Notice can be emailed to accounting@ectisp.net or mailed to ECTISP Inc. PO Box 2674 Waxahachie TX 75168. Any termination shall not relieve the Customer of its obligation to pay any charges incurred hereunder for services rendered prior to the Termination date requested in Customer's written termination request. Service termination will be at the end of service period. Moreover, ECTISP Inc. may terminate this Agreement, or suspend the provision of Service to the Customer without notice at any time in the event of the occurrence of any of the following:
•1) Failure by the Customer to pay all required rates and charges under this Agreement to ECTISP Inc. on the payment date specified in ECTISP Inc.'s billing statements to Customer. Breach of any covenant, term or condition of the Agreement.
•2) The Customer makes an assignment for the benefit of creditors or becomes bankrupt of insolvent of takes benefit of or becomes subject to any legislation in force relating to bankruptcy or insolvency, it being understood that the appointment of a Receiver or Trustee of the property and assets of the Customer is conclusive evidence thereof.
•3) ECTISP Inc. is unable to provide the service by reason of any law, rule, regulation, or municipal, state or federal authority, including but not limited to, any regulatory authority having jurisdiction.
•4) Failure of customer to comply with ECTISP Inc. Terms of Service and Acceptable Use Policy. If, for any reason, ECTISP Inc. deems it necessary, and in the best interest of ECTISP Inc., that the user be removed from the service immediately.
•5) Failure to keep update on Credit/Debit Card on file.
5. Rights and Obligations of ECTISP Inc.; Disclaimer of Warranties.
A. ECTISP Inc. shall be responsible only for the Operation and Maintenance of the Service; however any failure or malfunction of any cabling, hardware, and software operated by ECTISP Wireless will not create any liability of ECTISP Wireless under this Agreement. Customer shall be responsible for maintaining and managing its own equipment that interface with the Service. ECTISP Inc. shall not be responsible for cabling that connects equipment not provided by ECTISP Inc. to ECTISP Inc. CPE or to the Service. Any interruption in the Service that is caused by the malfunction or interruption of any physical telecommunications media or facility including but not limited to, cables and fiber optic lines not under direct or indirect control of ECTISP Inc. or by any malfunction or manufacturer's defects of equipment either installed by ECTISP Inc. to the Customer or purchased by the Customer in connection with the Service will not be deemed a breach of ECTISP Inc.'s obligation under this agreement. Customer agrees that ECTISP Inc. assume no responsibility for service interruptions due to circumstances beyond their reasonable control, such as, but not limited to, acts of God and power failures. The foregoing states the Customers sole remedy for service interruption under the Agreement, and in no event shall ECTISP Inc. be liable for harm on business, lost revenues, lost savings, or lost profits suffered by Customer, regardless of the action, including without limitation, negligence of any kind, whether active or passive.
B. Customer understands that Customer and Customer's authorized users may access the Internet through the Service. Customer understands further that, except for certain products and services specifically identified as being offered by ECTISP Inc., neither ECTISP Inc. nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered or made available or accessed by Third Parties who are not affiliated with ECTISP Inc., its agents, or affiliates. Customer assumes total responsibility and risk for Customer's use and Customer's authorized user's use of the Service and the Internet. Neither ECTISP Inc., nor its agent's affiliates make any express or implied warranties, representations or endorsements whatsoever.
C. Wireless accounts include a backup dialup service, excluding Customers receiving the service from the Fulshear Texas tower. Customer understands that the backup dial account will only be active when the wireless service has an interruption due to ECTISP's CPE malfunction. The customer must notify ECTISP Inc. that the service is malfunctioning, to have the dialup account activated.
D. Customer understands that ECTISP Inc. is not responsible for maintaining customer's equipment configured to use the Wireless service. That there will be a fee of $75.00 per hour with a one hour minimum for on site service call, to reset customer's equipment for access to the Service after initial setup.
E. Customer understands that ECTISP Inc. OWNS ALL EQUIPMENT INSTALLED and upon termination of service, ALL EQUIPMENT must be returned to ECTISP Inc. in good working condition within 7 days after service termination. Upon termination your credit card on file will be charged $250.00 for deposit on the equipment and will only be refunded when equipment is returned in good working order. Customer understands ECTISP Inc. has the right to remove ALL EQUIPMENT INSTALLED by ECTISP Inc. from the customer's property at anytime. Customer understands that only ECTISP Inc. or its subcontractors may remove the CPE from Customer premises.
6. Services Exhibit Choose one of the following service types (Initial only one product):
Single PC Wireless Service Type:
WiFi Budget $29.95 Monthly Plus Taxes Speeds up to 256/128 Kbps
Installation $150.00 First Month of Service $29.95 Taxes $9.68 Total $189.63 INITIALS______
WiFi Basic $39.95 Monthly Plus Taxes Speeds up to 1000/768 Kbps
Installation $150.00 First Month of Service $39.95 Taxes $10.31 Total $200.26 INITIALS______
Annual Single PC Wireless Service Type:
WiFi Basic Year $479.40 Annually Plus Taxes (One Year Prepay) Speeds up to 1000/768 Kbps
Installation $100.00 One Year of Service $479.40 Taxes $17.46 Total $596.86 Savings of $53.13 INITIALS______
Network Wireless Service Type:
WiFi Pro-Network $59.95 Monthly. Speeds up to 1000/768 Kbps
Installation $200.00 First Month of Service $59.95 Taxes $14.68 Total $274.63 INITIALS______
WiFi Extreme-Network $74.95 Monthly. Speeds up to 2000/1500 Kbps.
Installation $200.00 First Month of Service $74.95 Taxes $15.62 Total $290.57 INITIALS______
WiFi Ultra-Network $94.95 Monthly. Speeds up to 3000/1768 Kbps
Installation $200.00 First Month of Service $94.95 Taxes $16.87 Total $311.82 INITIALS______
Annual Network Wireless Service Type:
WiFi Pro-Network Year $719.40 Annually One Year Prepay Speeds up to 1000/768 Kbps
Installation $100.00 One Year of Service $719.40 Taxes $32.46 Total $851.86 Savings of $106.25 INITIALS______
WiFi Extreme-Network Year $899.40 Annually One Year Prepay Speeds up to 2000/1500 Kbps.
Installation $100.00 One Year of Service $899.40 Taxes $43.71 Total $1043.11 Savings of $106.25 INITIALS______
WiFi Ultra-Network Year $1139.40 Annually One Year Prepay Speeds up to 3000/1768 Kbps
Installation $100.00 One Year of Service $1139.40 Taxes $58.71 Total $1298.11 Savings of $106.25 INITIALS______
Would you like to purchase Surge Protection? (UPS Battery Backup 350VA) $65.00 INITIALS Yes____ No____ (Office and Technicians Use Only) Equipment Usage
CPE MAC Address ___________________ Tower AP _______________________
WEP Key ___________________________
Equipment Usage
Wireless Equipment
Qty: # _____ CPE 14 dBi
Qty: # _____ CPE 18 dBi
Qty: # _____ 18V PoE Injector
Qty: # _____ NetGear Router
Mast
Qty: # _____ 32" Antenna Mast
Qty: # _____ 36" Tri-Pod Mast
Qty: # _____ 60" Tri-Pod Mast
Qty: # _____ 72" Mast Pole
Qty: # _____ 96" Mast Pole
Supplies
Qty: # Ft. _____ Cat5E Outdoor Cable
Qty: # _____ Drywall Screws
Qty: # _____ White Wall Plate(s)
Qty: # _____ Ivory Wall Plate(s)
Qty: # _____ Old Work Box (es)
Qty: # _____ RJ45 Connector(s)
Qty: # _____ Butyl
Qty: # _____ RJ45-ECS (RJ45 Pigtails) Qty: # _____ Lag Bolts
Qty: # _____ Zippy Ties
Qty: # _____ Misc. (Description)
__________________________________________________________________
Copyright © 1997 - 2009
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