Internet Access Contract Service Agreement
1. Gtek Communications shall provide Client with a wireless dedicated connection(s) to the Internet from Gtek Communications’ closest Point of Presence (POP). Client will provide to Gtek Communications the requirements necessary to provide Client with the Connection, which shall include, but not be limited to router configuration information, local loop information and the demarcation point (the “Requirements”) and the date on which the Requirements must be fulfilled
2. Gtek Communications is not liable for any damage done to the customer’s property caused from Gtek Communications equipment or personne
3. Gtek Communications, solely, shall hold all password and authentication information on any Gtek Communications connected routers or any other Gtek Communications provided equipment at the customers’ location until termination of this agreement.
4. Upon termination of this agreement Gtek Communications shall provide the customer with passwords to all customer owned equipment that Gtek Communications hold
5. Gtek Communications is not responsible or liable for any of the following and, as a result, will charge the customer an hourly rate of $95.00 to restore proper signal strength and/or network/PC operability: a) Malicious Destruction b) Theft c) Tampering with or unauthorized servicing of the unit, d) If the issue is customer caused, due to new line-of-sight obstructions (e.g. new structure, etc.), e) Physically-damaged equipment (e.g. broken reflector dish, etc.), cut/damaged CAT5e cable, etc. In addition to the hourly rate, customers will be charged a $55.00 trip fee plus the cost of the equipment replaced. If all Gtek Communications equipment is replaced, due to customer caused issues, the customer will be assessed a $400 fee. Any labor after hours, M-F 6pm-8am & all day Saturday and Sunday, are subject to a $10 increase, therefore after hour rates will apply, $60 trip fee and $100/hour labor fee.
*All prices are subject to change without prior notice.
6. I understand that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between Gtek Communications and my antenna will probably block my signa Gtek Communications will make an effort to a maximum of 4 billable hours at no charge to the customer to restore proper signal strength. Any additional billable hours will be my responsibility at a rate of $95.00 per hour. A $95.00 Standard Relocation fee will apply if Gtek Communications has to go out and move equipment to a different area around the property or if customer moves to a new location. Standard Relocation fees consist of a mount up to 30ft pole with guy wire and re-run of the Cat5 cable that was done like the first install. If the mount or cable run has to be done differently where there is more labor or parts involved, then there will be an extra charge of $95.00 dollars/hour.
7. I understand that setup fees are non-refundable if the wireless connection is operable, and that setup fees are not refundable later than 14 days after installation. Setup fees are only refundable if the connection is not working within 14 days after installation.
8. The wireless radio, adapter card, reflector dish, cable and any other equipment as provided by Gtek Communications, are the property of Gtek Communications, and will be returned to Gtek Communications, in original condition, within 5 days of my service termination. I will allow Gtek Communications employees to remove the hardware from my computer and my property.
9. This Agreement does not include equipment or phone line charges other than the Cat V cable, antenna cable, lightning arrestor, antenna and mounting hardware which will be provided by Gtek Communications.
10. Client will be invoiced monthly at least fifteen (15) days in advance for all amounts due and owing to Gtek Communications. All payments are due within 15 days after the date of such an invoice. Client’s account will be suspended if full payment is not received within 30 days of the date of such an invoice and charged a minimum of $12.00 unsuspended fee. For a suspended account, the radio is subject to removal for non-payment and customers are charged a $60 radio reconnect trip fee.
11. Gtek Communications offers Client access to the Internet. Client hereby acknowledges that the Internet is not owned, operated, managed b y, or in any way affiliated by Gtek Communications or any of its affiliates, and that it is a separate network of computers independent of Gtek Communications. Client’s use of the Internet is solely at Client’s own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond Gtek Communications’ authority and control.
12. Gtek Communications’ network can only be used for lawful purpose 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 Gtek Communications to be inappropriate or improper such as bulk e-mail messages.
13. Access to other networks connected to Gtek Communications’ network must comply with the rules appropriate for that other network. Gtek Communications exercises no control whatsoever over the content of the information passing through its network.
14. Gtek Communications makes no warranty, expressed or implied, including, but not limited to, those of merchantability or fitness for a p articular purpose. This includes loss of data resulting from delays, non-deliveries, miss-deliveries or service interruption however caused. Use of any Information obtained by Gtek Communications network is at Client’s own risk. Gtek Communications specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
15. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force major restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, Gtek Communications does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice. Client shall indemnify and hold Gtek Communications and its directors, officers, employees, and agents harmless from any and all obligations, charges claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.
16. Gtek Communications serves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and th e services to Client there unde
17. Client shall indemnify Gtek Communications, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney’s fees arising from Client breach of any provision of this Agreement
18. This Agreement is deemed to be entered into the State of Texas and the parties agree that any dispute arising under this Agreement shall have its venue in San Patricio County, Texas and any such dispute shall be governed by and constructed in accordance with the laws of the State of Texa
19. Gtek Communications may assign this Agreement without Client’s prior consent and all of Gtek Communications’ rights, title, and interest herein shall inure to the benefit of such assignee, its successors and assign This Agreement shall not be assignable by Client except with the written consent of Gtek Communications. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
20. Neither party shall disclose any of the terms and conditions of this Agreement without prior written consent of the other, provided, however, in any of its sales and marketing materials, Gtek Communications may refer to Client as its customer.
21. Gtek Communications may modify these terms and conditions at any time.
22. If any one of the paragraphs in the Agreement is found to be unenforceable or invalid, users and Gtek Communications’ agreement on all other paragraphs is not affected.
23. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and superseded any other prior or simultaneous agreement related to such matte
24. Gtek Communications’ does NOT allow any rebroadcast or retransmission of its RF signal without express written permission from an authorized agent of Gtek Communications.
25. All equipment purchased through Gtek Communications has a warranty by its manufacture Within the first 14 days of purchase the equipment can be returned to Gtek Communications. After the 14 days, the equipment must be sent to the manufacturer for replacements only.
Gtek company policy does not offer credit for Residential and Commercial Internet services. Compensation due for down time is stated only in (SLA/Service Level Agreements ).
Gtek Communications is not liable for any damage done to the customer’s property caused from Gtek Communications equipment or personnel. The wireless radio, reflector dish, cable and any other equipment as provided by Gtek Communications, are the property of Gtek Communications, and will be returned to Gtek Communications, in original condition, within 5 days of service termination. I will allow Gtek Communications employees to remove the hardware from my property.
Signee agrees to take full liability with any penetrations made into the building.
This agreement shall commence on the date the Connection is activated (the “Activation Date”) at which time this agreement shall automatically renew for successive 1 month terms unless terminated by either to change its rates for any renewal term by notifying Client at least 30 days in advance of the effective date of such a rate change. Client acknowledges that circumstances beyond the control of Gtek Communications may cause a delay in turning up the Connection in which case the term of this Agreement shall commence on the date the Connection is activated; provided, however, in the event the delay in activating the connection is the result of Client’s failure to comply with or provide any of the Requirements of the term of this Agreement shall commence on the activation date.
Client agrees to a service commitment paid in monthly installments. In the event that Client terminates service and/or moves away from Gtek Communications service area, during the Contract Term, the Client will pay a $300.00 dollar Early Termination Fee Agreement to Gtek Communications upon termination.
*Client agrees to give a 30 day written notice to disconnect service.
NO REFUND WILL BE ISSUED AT ANYTIME.
*MAXIMUM THROUGHPUT RATES ARE CONFIGURED AS LIMITS, NOT AS GUARANTEES. MAXIMUM THROUGHPUT RATES ARE DEPENDENT UPON NETWORK CONDITIONS, SERVICE AREA, RADIO FREQUENCY BAND, AND USAGE PATTERNS. THERE IS NO COMMITTED MINIMUM RATE. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
*Signee agrees to take full liability with any penetrations made into the building.