Signature Wireless Internet - Terms and Conditions
This Agreement (the “Agreement”) is made between Signature Wireless and the
Customer identified below. Signature Wireless services and facilities are provided on
the terms and conditions contained herein. Customer and any person using any
Signature Wireless facilities accept these terms and conditions and agree to be bound
by them.
- Acknowledgment: Customer acknowledges and understands that Customer
is to receive the services detailed in this Agreement and the Customer is not
relying on any affirmation of fact, promise or description from any person or
entity, nor any other oral or written representation other than what is contained
in this Agreement.
- Installation: Service installation is complete once Signature Wireless verifies
Internet connectivity to Customer via a Signature Wireless wireless circuit
connection to a single point or Customer’s router. Signature Wireless will not be
responsible for any LAN equipment or connectivity beyond this single point connection.
- Billing and Payment: Signature Wireless shall bill Customer for services
rendered at the rates stated herein. Invoices shall include all applicable taxes,
service charges, fees and surcharges. Signature Wireless shall commence billing
upon completion of installation. As applicable, pro-ration of first month payment
is billed upon service installation and is due immediately. Authorized monthly
credit card payments are charged to Customer’s credit card on the first of the
month. Past due accounts will be charged a late fee of 1.5% per month on any
unpaid past due balance. Delinquent accounts are subject to immediate
termination or suspension of services at the sole discretion of Signature Wireless
Customer may reinstate services suspended due to nonpayment by paying
Signature Wireless within 30 days from the date the suspension commences a
Service Reinstatement Fee plus all outstanding amounts due, including the cost
of wireless service that would have been provided during the period of
suspension. If the Customer does not choose to reinstate service within 30
calendar days, Signature Wireless will deactivate the service without further
notice and any applicable Early Termination Fee or other Fees will become
immediately due and payable.
- Additional NRC (if Applicable): In addition to the standard NRC listed
above, the following NRC, if applicable, will apply:
Nonstandard
Installation$200 + $60/hr Inside wiring Repair/
Technical Service$60/hr Standard Inside
Move$200 Reconnection of
Service$25 Nonstandard Inside
Move$200 + $60/hr
plus materialsRejected Credit
Card/Unpaid Check$30 or
legal limitEmail Address
beyond 2$2.00/month Service Trip Charge
$40
- Domain Name Fee: Payment for domain name registration fees and
periodic maintenance fees are Customer’s responsibility. Such fees are not
included in the prices for services.
- IP Addresses: Upon IP address reassignment or expiration, cancellation, or
termination of the Agreement, Customer shall relinquish any IP addresses or
address blocks assigned to Customer by Signature Wireless.
- Term: This Agreement shall commence on the Effective Date and shall
continue for an initial term as indicated elsewhere in this agreement from the
date on which customer’s wireless circuit is installed. After expiration of the
initial term, this Agreement shall continue in effect on a month-to-month basis
until termination by either Party upon at least 30 days advance written notice to
the other party. Early termination charges of $20/month are due on remaining
contract balance. If by mutual agreement between both Signature Wireless and
Customer, acceptable service levels cannot be obtained in the first 30 days,
extended contracts may be terminated with no early termination charges.
Installation charges for customers who terminate in the first 30 days are not
refundable and Signature Wireless will remove any installed equipment.
- Termination: Signature Wireless may terminate services immediately upon
violation of any term of this Agreement. Upon Signature Wireless discontinuance
of services for such violation, Signature Wireless shall, in addition to all other
remedies available to Signature Wireless at law or in equity, assess and collect
from Customer any applicable Early Termination Fees. Customer must, at its own
expense, remove and return any Signature Wireless equipment within ten (10)
days of the Termination Date. Otherwise, Customer shall be financially
responsible and Signature Wireless shall invoice Customer for such equipment,
with payment due within 30 days of invoice date.
- Service Level Credits: Upon a Customer’s request, Signature Wireless will
credit to that Customer’s account an amount equal to the connectivity charges for
one (1) times the length of any wireless unscheduled service outage of at least
two hours duration, provided that Customer notifies Signature Wireless
immediately of such outage, and that Signature Wireless reasonably determines
that such outage was attributable to Signature Wireless and not to any actions or
inactions of Customer or any third parties, including failure of third party
equipment. Customer credit may not exceed one month’s service fees in any
single calendar month. Customer must request credit in writing or via e-mail
within 72 hours of service restoration.
- Acceptable Use Policy: Customer and all of its employees shall abide by
the terms of the Acceptable use Policy. Signature Wireless may immediately
terminate services for violation of this policy at any time without giving Customer
advance notice.
- Liability and Warranty Disclaimer: Customer recognizes that Signature
Wireless cannot control the content transmitted on its network and the Internet
and that communications on the Internet may not be secure and may be subject
to interception or loss. Signature Wireless disclaims liability for, and Customer
hereby releases Signature Wireless from, all damages (such as business losses,
liabilities, costs, attorney’s fee and expenses) incurred by Customer arising out of
or relating to use of Signature Wireless services. Except for the service level
credit commitment specifically provided for herein, Signature Wireless services
are provided “AS IS” without any representations or warranties either express or
implied. Signature Wireless HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. In no event shall Signature Wireless, Inc’s liability
exceed the amount prepaid by the customer for this service.
- Indemnity: Customer shall indemnify and hold harmless Signature Wireless
from and against any loss, cost, claim, liability, damage, or expense (including
reasonable attorney’s fees) to third parties, relating to or arising from the use of
or installation of Signature Wireless services and/or equipment by Customer or
any of their personnel, whether or not Customer has knowledge of or has
authorized such access or use, including, without limitation, claims for libel,
slander, invasion of privacy, infringement of copyright, patent infringement
(where Customer or User has used, connected, or combined the Service with the
products or services of others), negligence, or tortuous behavior. Customer
agrees to indemnify Signature Wireless along with any parties from whom
Signature Wireless obtains network services, and to hold them harmless from any
claims resulting from the use of Signature Wireless services by Customer that
damage another party or violate the law.
- Miscellaneous: This agreement shall be governed by, construed under, and
enforced in accordance with, the laws of the State of Iowa without reference to
its choice of law principles. For any action or suit to enforce any right or remedy
of the Agreement, (except for actions to enter or collect on judgments) the
parties consent to exclusive jurisdiction and venue in the courts from Polk
County, Iowa, and the prevailing party shall be entitled to recover its costs,
including reasonable attorney’s fees. In the event of a conflict between this
Agreement and any applicable tariff, the tariff shall prevail. Signature Wireless
may amend the terms and conditions of the Agreement by giving Customer 30
days prior notice via publication on the Signature Wireless web site. Signature
Wireless may assign this Agreement by providing written notice to Customer, but
Customer may not assign this agreement without Signature Wireless prior written
consent that shall not be unreasonably withheld. Signature Wireless reserves the
right, exercisable in its sole discretion, to expand or reconfigure its service areas
and to discontinue any services upon 30 days notice by e-mail or otherwise. This
Agreement shall be binding on the parties hereto and their respective personal
and legal representatives, successors, and permitted assigns. If any provision of
the Agreement is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of the Agreement shall not be affected
thereby.
