T6
Wireless Agreement
This
Agreement is entered into on the activation date, between T6
Wireless, Inc. ("T6"), and the ("Client").
1.
If within 30 days of Activation of T6 Service you are not satisfied
with the service, you have the option to cancel your contract with no
early termination fees. Activation and installation fees are
non-refundable. Cancellation under this provision must be in writing
and received by T6 prior to the expiration of 30 days from the date
of Activation.
2.
If you move outside of our service area during the term of this
agreement you have the option to cancel your contract with no early
termination fees. Cancellation must be in writing and T6 may require
written evidence the Client has moved out of our service area before
permitting cancellation with no early termination fees.
Equipment
Agreement
1.
T6 agrees to loan to Client the following equipment to establish a
wireless Internet connection specifically, a Subscriber Module, power
supply and Ethernet cables (all such equipment referred to herein as
the "Loaned Equipment"). With the exception of
manufacturing defects, which shall be remedied by T6 without charge
to Client at any time during the term of this Agreement, Client shall
bear all risk of loss in respect to the Loaned Equipment, including,
but not limited to damages caused by weather or other conditions
existing or occurring at Client's site, and Client shall return the
Loaned Equipment to T6 in good working order, at client's sole
expense, within ten (10) days of the date of any termination of this
Agreement.
2.
If Client does not return all of the Loaned Equipment to T6 in good
working order within ten (10) days of the date of the termination of
this Agreement by either party, Client authorizes T6 to bill the
Client $300 or the replacement cost of the Loaned Equipment not
returned, whichever is greater.
3.
Client represents and warrants to T6 that the Loaned Equipment shall
at all times prior to its return to T6, be located at the address of
Client written below.
Installation
Agreement
1.
T6 shall provide Client with the labor necessary for the normal
installation of wireless Internet equipment as described on the T6
website. In consideration for the installation, Client shall pay T6 a
one-time installation fee of current published rate which the Client
has been provided, which shall be due upon Client's execution hereof.
2.
Client understands that the services included in this contract are
limited to the installation of a Subscriber Module (SM), aiming the
Subscriber module at the transmitting antenna, one cable to connect
the SM to the customer location via 1 hole through an exterior wall
of Client's structure. Cables shall be secured to the exterior of the
structure. T6 shall not be responsible for additional installation
tasks not specifically listed in this Installation Agreement which
may be deemed necessary by the installer or desirable by the Client.
Client shall be responsible for the additional charges for any such
additional work as well as additional work subsequently requested by
Client.
3.
T6 shall not be held liable for the workmanship of tasks performed by
the Professional Installer or its subcontractors for repair or
restoration of any structure or surface altered or penetrated by T6,
its installers or subcontractors during the installation or removal
of the antenna, mast, tripod, wiring or any other T6 Equipment
located at Client's location. T6 shall not be responsible for the
restoration of Client's location to its pre-installation status.
4.
Client acknowledges that installation fees are non-refundable after
the Connection becomes operational (the "Activation Date").
5.
Permitting & Landlord Approval. It shall be Client's
responsibility to obtain any required permits, consents or approvals
for the installation of T6 Equipment on Client's property or any
property leased by Client required by any Landlord, property owner or
governing body.
Access
Agreement
1.
T6 shall provide Client with a wireless connection to the Internet
(the "Connection"). In consideration for the Connection,
Client shall pay T6 the sum of the service selected each month during
the term hereof plus a one-time activation/installation fee which
shall be due upon Client execution hereof OR you may pay a monthly
service fee instead of the activation/installation fee up front. If
you cancel your service, you will be responsible for the full
activation/installation fee.
2.
Payment for service should be in the form of Major Credit Card (we
accept Visa, Master Card, Discover with processing fee of the current
published rate) or ACH Debit and will be automatically charged to the
Clients account monthly.
3.
Client understands that the Connection operates through an Ethernet
connection. The Ethernet card shall be provided and installed by
Client, at Client's expense.
4.
T6 shall not be responsible or liable for loss of service resulting
from any of the following:
-
Any obstruction(s) that might be erected or grow between the antenna
at Client's location and the transmitting antenna which causes
degradation or loss of service.
-
Debris or ice on the antenna located at Client's location.
-
Aiming or re-aiming the antenna located at Client's location.
-
Any change in the conditions at Client's location.
5.
Client agrees to comply with T6's published acceptable use policy,
which is
available on the T6 website at www.t6b.com
in respect to all use of the Connection including, but not
exclusively, excessive use of T6's network.
6.
Client understands that wireless Internet connectivity requires
direct radio line of sight, and that any obstruction between the POP
and the antenna located at Client's location may block the signal and
cause the failure of the Connection. In the event that foliage
disrupts service, upon request by Client, T6 will attempt to
reconfigure the equipment to restore service. Client may incur
charges for any extra hardware and service labor at that time. If
service cannot be restored within 15 days of Client's notice to T6 of
a service interruption, either party may terminate this Agreement.
Upon termination of this Agreement pursuant to the preceding
sentence, Client shall receive a refund of the pro rata portion of
the service fee for any period in excess of forty-eight (48) hours
that Client has paid for service, but the Connection was not
operational.
7.
Client acknowledges that activation the fee is non-refundable after
the Connection becomes operational (the "Activation Date").
8.
The term of this Agreement shall commence on the Activation Date and
shall end 24
month(s)
after the Activation Date. Unless notice is given by either party to
the other not less than thirty (30) days prior to the end of the
initial term, this Agreement shall automatically be renewed for
additional term(s) of equal length to the initial term. Monthly
charges are based on plan rates in effect at the time Service is
ordered. Rates are subject to change upon thirty (30) days written or
emailed notice.
9.
The Customer agrees that Broadband Service is for the Customer's use
only and may not be resold, licensed, assigned or shared in any
manner. Any Customer deemed selling Broadband Services will be
charged normal T6 Dedicated Internet Access (DIA) fees for each
service resold, licensed, assigned, or shared retroactive to the time
T6 Service was first rendered.
10.
Client will be invoiced monthly in advance for all amounts due and
owing to T6 for Client's use of the Connection may be suspended if
payment is not received by T6 within 14 days (38 days for Business
Clients) of the date of such an invoice.
11.
If Client terminates this Agreement anytime after implementation or
activation, but before expiration, Client will pay a lump sum equal
to 100% of the charges of the remainder of the then current term of
the Agreement or $250 whichever is least. If Client's use of the
Connection is terminated by T6 for violation of T6's acceptable use
policy, Client shall pay a lump sum equal to 100% the charges for the
remainder of the then current term of the Agreement or $250 whichever
is least.
12.
Through the Connection T6 provides Client access to the Internet.
Client hereby acknowledges that the Internet is a separate and
independent network of computers which is not owned, operated or
managed by T6 or in any way affiliated with T6 or any of its
affiliates. Client's use of the Internet shall be 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 T6's authority and control.
13.
The Connection and T6's network can only be used for lawful purposes.
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 T6 to be inappropriate or improper, such as transmitting
bulk e-mail messages. Violation of this provision in T6's sole
discretion shall result in termination of services to Client.
14.
T6 makes no warranty, express or implied, including, but not limited
to, that the Connection is suitable for a particular purpose. T6
shall not be responsible for any loss of data resulting from delays,
non-deliveries, miss-deliveries or service interruption, however
caused. Use of any information obtained through T6's network shall be
at Client's own risk. T6 specifically disclaims any responsibility
for the accuracy or quality of information obtained through the
Connection.
15.
Routine maintenance and periodic system repairs, upgrades and
reconfigurations, public emergency or necessity, 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, T6 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 T6 and its directors,
officers, employees, and agents harmless from any and all
obligations, charges, claims, liabilities and fees incurred as the
result of interruptions or omissions of service under this Agreement.
16.
Client consents to the periodic monitoring of Client's use of the
Connection and T6's network by T6 as may be reasonably required by T6
to conduct its quality control activities, in T6's sole discretion,
Client acknowledges client has no expectation of privacy regarding
Client's use of T6's Network..
17.
Upon the occurrence of a breach by Client of any provision hereunder,
T6 reserves the right, in addition to any other remedies which may be
available to it at law or in equity, to terminate this Agreement and
the services to Client there under. Client agrees to pay all costs
incurred by T6 in enforcing the terms of this Agreement, including,
but not limited to reasonable attorney fees and cost incurred.
18.
This Agreement is deemed to be entered into in the State of Illinois
and the parties agree that any dispute arising under this Agreement
shall have its venue in Winnebago County, Illinois and any such
dispute shall be governed by and constructed in accordance with the
laws of the State of Illinois.
19.
T6 may assign this Agreement without Client's prior consent and all
of T6's rights, title, and interest herein shall inure to the benefit
of such assignee, its successors and assigns. This Agreement shall
not be assignable by Client except with the written consent of T6.
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, T6 may refer to
Client as its customer.
21.
T6 may modify these terms and conditions upon written notice
published on its web site. T6 will attempt to notify Clients via
email of modified terms and conditions. Client's continued use of
service after such notice shall constitute Client's acceptance of the
modification of this Agreement. Where a client does not accept the
modifications set forth by T6, the client may terminate the Agreement
for 150 dollars.
22.
If any provision of this Agreement, or the application of such
provision to any person or circumstance, shall be held invalid, the
remainder of this Agreement, or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
23.
All notices, elections and waivers required or otherwise given
hereunder shall be in writing and shall be served, unless otherwise
provided, on the parties or their respective attorneys, if any,
personally; by mail with postage prepaid and deposited into the
United States mail; by facsimile transmission; or by electronic mail
at the addresses set forth below. If mailed or transmitted as
aforesaid, notices, elections and waivers shall be deemed given on
the date of such mailing or transmission (except as elsewhere
provided herein).
24.
This Agreement contains the entire understanding between and among
the parties and supersedes any prior understandings and agreements
among them respecting the subject matter of this Agreement.