Practical Support, Ltd.
Wireless Service Agreement
Send Payments to:
PO Box 628
Brunswick, OH 44212
Phone: (216) 502-4686 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
www.practicalsupport.net
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
BY USING THESE SERVICES, (i) YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND (ii) YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED BY Practical Support FROM TIME TO TIME. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT Practical Support WILL COMMENCE PROCESSING SUCH ORDER AND YOU WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, Practical Support IS UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. THE LATEST VERSION OF THE TERMS AND CONDITIONS MAY BE FOUND AT http://www.practicalsupport.net/tc.html. FOR PURPOSES OF THE TERMS AND CONDITIONS, YOU WILL BE REFERRED TO AS THE “CUSTOMER.”
Terms and Conditions
1.Definitions: This Services Order Confirmation and Acknowledgment of Terms and Conditions shall serve as confirmation of your Wireless service order with Practical Support, Ltd., a Ohio corporation (“Practical Support”) and your acceptance of such order, including acceptance of all of the terms and conditions (“Terms and Conditions”) set forth below, and will authorize Practical Support to provide you with the Services (as defined below) for period agreed to by you ("Customer") upon placing an order for the Services.
2.Service: You agree to purchase wireless and/or network access services (“Services”) from Practical Support. All equipment installed by Practical Support, shall remain property of Practical Support. Should the equipment be damaged in any way then you, the customer will be held responsible for any charges to repair/replace the equipment. You shall be responsible for obtaining and maintaining any additional equipment needed to access, connect to, or use the Services. You shall be responsible for insuring that such equipment is compatible with the Services. Services provided by Practical Support are for the sole use of you, the customer, and not for resale or distribution of any kind without the prior written consent of Practical Support, which may be given in its sole discretion. In the event you attempt to distribute the Services, Practical Support may, at its sole discretion, increase the fees associated with the Services, or terminate the Services. Servers are not allowed on any account types without prior written consent of Practical Support.
2.1 Permitting and Landlord Approval: It is Customer’s responsibility to obtain any required permits or Landlord approval for the installation of Practical Support’s Equipment on property not owned by Customer or subject to any restriction or building code provision requiring a building permit for such installation. Any fees relating to the termination of service relating to Landlord or building code disputes will be solely the responsibility of the Customer.
3.Term of Agreement: This agreement has an initial term of (the “Initial Term”) and will continue on a month-to-month basis thereafter. After the Initial Term you, the customer may terminate this Agreement upon thirty (30) days’ written notice. The Initial Term begins the day your wireless connection is successfully installed by Practical Support, as recorded in its database. If Practical Support decides it cannot successfully deliver the Service, this contract is implicitly terminated without penalty or cost.
CUSTOMER INITIAL______________
4. Rates and Payment Terms: The rates for Wireless service (“Rates”) are set forth in the Rate Schedule located at www.practicalsupport.net. The Rates will be in effect for the Initial Term, and may be changed by Practical Support after the end of the Initial Term by giving you written or e-mailed notice of the new Rates at least thirty (30) days before their effective date. In addition to the Rates, Practical Support will bill you for all federal, state, county, and local taxes, surcharges, fees, and universal service contribution on the Service. Charges for the Services will begin when the Services are installed. Before installation you, the customer, will be responsible for the pre-install payment, which is the first months service fee and the installation fee. Fees associated with installation, including site survey fees, are not refundable.
Pre-install payment amount:
5. Default and Remedies: You will be considered in Default of the Agreement if 1) payment for any Service has not been received by the tenth day (10) of each month, and 2) For any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach, or for any breach of our Acceptable Use Policy for our Internet Access Service. If you are in Default of this Agreement, we may terminate all Services under this Agreement without further notice to you and you will be charged an early termination fee. The early termination fee is the remainder of contract. You may also incur service charges to reinstate your service if it is suspended.
CUSTOMER INITIAL_________
6. Early Termination Charges: Customer must notify us in writing of intention to terminate. If Customer terminates this Agreement anytime after the initial thirty (30) day period, Customer will be responsible for the early termination fee The early termination fee is the remainder of contract.
6.1 Acceptable Use Policy: If Customer’s use of the connection is terminated by Practical Support for violation of Practical Support’s acceptable use policy, Customer shall pay, immediately, a lump sum equal to their remaining contract term plus a fee assessed for the extra time and effort for Practical Support’s staff enforcing the Acceptable Use Policy (AUP).
6.2 Deposits: All deposits for equipment will be returned within thirty (30) days after removal of equipment by Practical Support personnel.
CUSTOMER INITIAL_________
7. Limited Warranty – Wireless Service: We warrant that, subject to the limitations set forth below, the Wireless service will operate in substantial accordance with the terms of this Agreement. The limitations include:
7.1 Quality of Service: You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, due to such factors as the line-of-sight (LOS), distance to transceiver, and other operation characteristics of the facilities and equipment used in the Wireless Service. It is possible that there may be other operational impediments that may preclude or delay the actual installation, repair and maintenance of Wireless Services to your premises. We reserve the right to terminate this Agreement without liability to you if we are not able to provide, repair or maintain Wireless Services to your premises. We will use commercially reasonable efforts to provide installation, repair and maintenance services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify us and we the Wireless Service provider will undertake commercially reasonable efforts to restore the Wireless service. We will not be responsible for service issues relating to your computer, network or software.
7.2 Limitations: The limited warranty shall not apply if: 1) Your equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes; 2) The Wireless Service or related equipment has been installed, repaired or altered by any one other than our technical support or its subcontractors or affiliates, without prior written approval; or 3) the Wireless Service or related equipment is used in violation of applicable law or in violation of instruction furnished by us, if any.
7.3 Service Calls: Any service calls that are not directly related to Practical Support actions will incur additional charges. The rates for service calls are set forth in the Rate Schedule located at www.practicalsupport.net.
7.3 Warranties The foregoing limited warranties shall be in lieu of and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose.
8. Use of Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to Practical Support's Acceptable Use Policy (“AUP”) as set forth on Practical Support's web site at http://www.practicalsupport.net/policy. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.
9. Restrictions: Wireless Customers agree not to resale services of any nature from their Wireless connection to Practical Support. In the event any Wireless Customer attempts to resale services on the network, Practical Support may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.
10. Limitation of Liability:
10.1 ANY LIABILITY OF Practical Support ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10.2 NOTWITHSTANDING THE FOREGOING, Practical Support TOTAL LIABILITY TO ANYONE UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT THAT YOU WOULD HAVE PAID PRACTICAL SUPPORT. UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR ONE THOUSAND DOLLARS ($1000.00) WHICHEVER IS LESS.
10.3 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
11. Force Majeure: We will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control, including mechanical or electronic breakdowns. Customer shall hold Practical Support harmless from any and all obligations, charges, claims, liabilities and fees incurred as a result of interruptions or omissions of service under this Agreement.
12. Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all Attachments and Schedules referenced herein, if any, constitutes the entire Agreement between us concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any changes to this Agreement, or any amendment or supplement to the Agreement must be in writing and signed by Practical Support to be enforceable
13. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A single arbitrator who has special knowledge of the industry or technology involved in the dispute shall hold the arbitration in Brunswick, Ohio.
14. Faxed Copies: You may sign this Agreement and fax it to us, and it will have the same effect as if you had personally returned the original signed document to us. In proving this Agreement, it will not be necessary for us to produce or account for the original document signed by you if we produce the faxed copy that you sent to us.
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