A waiver of default by either party shall not be deemed a waiver of any subsequent or prior breach of any other or the same provisions of this Agreement. This Agreement contains the entire agreement between and between the parties and supersedes all prior agreements and understandings between them that comply with this Agreement and are the subject of this Agreement. This Agreement constitutes the entire agreement between [Sender.Company] and [Signer.Company] that is relevant to the content of the Agreement. All amounts due and due will be invoiced to the customer monthly in advance. All payments are due within 15 days of the invoice date. The use of the Connection by the Customer may be suspended if payment is not received by TH within thirty (30) days of the date of this invoice. Payments are due to TH in P.O. Box 1048, Nixa, MO 65714, or another address, as TH may later inform the customer, or send it to TH. .
Force majeure refers to any action beyond the reasonable control of either party, including but not limited to force majeure, fire and war. All notices, elections and waivers required under this Agreement or otherwise given must be in writing and, unless otherwise specified, will be served personally on the parties or their respective attorneys, as applicable; by postage-paid mail and deposited in the United States by mail, fax or email to the addresses listed below. If sent by mail or transmission as described above, notices, elections and waivers shall be deemed to have been given on the day such sending or transmission (unless otherwise specified herein). [Sender.Company] pays the PAYMENT to [Signer.Company] for the services listed in this Agreement. TH provides the customer with the work necessary for the normal installation of wireless Internet devices at the location indicated below. In exchange for installation, Customer shall pay TH a one-time installation fee of ______ due upon Customer`s performance of this Agreement. TH makes no warranty, express or implied, including, but not limited to, that the connection is fit for a particular purpose. TH is not responsible for loss of data resulting from delays, non-deliveries, incorrect deliveries or service interruptions, regardless of the cause.
The use of information obtained via the TH network is at the Customer`s own risk in the Customer`s network. In particular, TH declines all responsibility for the accuracy or quality of the information obtained via the link. Late payments are subject to a daily interest charge of PERCENTAGE OF LATE PAYMENT % of the amount still due. By using our Internet Service, you hereby expressly acknowledge and agree that accessing or transmitting information over the Internet poses significant risks to security, privacy and confidentiality, whether the connection is facilitated by wired or wireless technology. Security issues include intercepting transmissions, losing data, and introducing viruses and other programs that can damage or damage your computer. This document is private, confidential and contains valuable information intended only for privileged persons. Payment of invoices must be made within the payment period during which [Sender.Company] received the invoice. TH undertakes to rent to the Customer the equipment necessary to set up a wireless Internet connection, in particular a subscriber module, a surge protector, an injector and Ethernet cables (all these devices hereinafter referred to as “leased equipment”). With the exception of manufacturing defects, which must be corrected by TH at any time during the term of the contract at no cost to the customer, the customer bears the entire risk of loss in relation to the rented equipment, including, but not limited to, damage caused by weather or other conditions existing at the customer`s site, and the customer must cancel the rented equipment within ten (10) days of the date of each termination of this Agreement or the customer is subject to a replacement fee. The use of the wireless network is subject to the general restrictions listed below.
If abnormal, illegal or unauthorized behavior is detected, including high bandwidth consumption, the network provider reserves the right to permanently disconnect the device in question from the wireless network. If [Sender.Company] purchases equipment as part of the Service, [Signer.Company] grants [Sender.Company] a limited license to use the software provided with the devices in accordance with the following conditions: Customer terminates this Agreement at any time after implementation, but before expiration, Customer shall pay a lump sum equal to 30% of the fee for the remainder of the then-current Term of the Agreement. If TH terminates, the customer uses the connection due to a violation of the terms of use of TH, the customer immediately pays a lump sum of the amount of the fee for the rest of the term of the contract then in progress. The customer must cancel Total Highspeed (30) days in advance. The customer will receive a refund of a proportionate portion of the service fee if and only if it was done 30 days in advance. The Customer understands that a wireless Internet connection requires a direct radio line from the Site and that any obstruction between the POP and the antenna at the Customer`s location may block the signal and cause the connection to fail. In the event that Laub interferes with the service, TH will attempt to reconfigure the device to restore the service. Additional material and service work may be required for the customer at this time. If the Service cannot be restored within fifteen (15) days of Customer`s notification to TH of a service interruption, either party may terminate this Agreement. Upon termination of the Agreement in accordance with the preceding sentence, the Customer will receive a refund of a proportionate portion of the Service Fee for a period of more than forty-eight (48) hours paid by the Customer for the Service but the connection was not operational. The Customer represents and warrants to TH that the Rented Equipment will be at the Customer`s address below at all times prior to its return to TH. [Signer.Company] is responsible for any taxes or similar fees associated with the payment.
TH is not responsible for the following: Routine maintenance and regular repairs of the system, upgrades and reconfigurations, emergencies or public necessities, force majeure, legal restrictions, force majeure, force majeure, labor disputes and other situations, including mechanical or electrical failures, may result in temporary deficiency or interruption of activities. Therefore, TH does not guarantee continuous or uninterrupted service and has the right to temporarily reduce or suspend the service from time to time without notice. Customer indemnifies THJ and its directors, officers, employees and agents from all obligations, costs, claims, liabilities and expenses arising from interruptions or omissions of the Services under this Agreement. Customer agrees that TH will regularly monitor Customer`s use of the TH Connection and Network, as reasonably required by TH to carry out its quality control activities. Customer understands that the installation services included in this Agreement are limited to the installation of a subscriber module (SM), surge protection (SS), a cable to connect SM and SS, and a cable leading from the SS to Customer`s location via one (1) hole through an outer wall of Customer`s structure. TH is not responsible for any additional installation tasks not expressly listed in this Section 4 that may be deemed desirable or necessary by the Customer or installer. The customer is responsible for the additional work requested by the customer later. The transfer of technology across national borders is governed by United States law. [Sender.Company] undertakes not to export the technologies transmitted by [Signer.Company] until the relevant export permits or official regulatory approval have been obtained. You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) texas A&M does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or monitor your connection. The term of this Agreement begins on the date of activation and ends ______ months after that date.
If neither party notifies the other party at least thirty (30) days before the expiration of the original term, this Agreement will automatically renew for one or more additional terms equal to the original term. TH may change the monthly costs payable under this Agreement for a Renewal Period by notifying Customer of such Rate Change at least thirty (30) days prior to the commencement of any Renewal Period. Any amount mentioned in this Agreement will be in CURRENCY, unless otherwise stated. .