TERMS OF SERVICE AND ACCEPTABLE USE
TERMS OF SERVICE OF WYSPER TECHNOLOGIES, LLC:
TERMS OF SERVICE OF WYSPER TECHNOLOGIES, LLC:
BILLING and PAYMENT TERMS: The fees for service are as set forth in the service Order and Agreement. Customer shall also be responsible for payment of any applicable local, state, or federal taxes, fees, and government-imposed charges or surcharges which may include Universal Service Fund, 911 and TRS assessments, Regulatory Recovery Fees, Utility Gross Receipts Tax, among others. Unless otherwise specified, services are provided and invoices are issued on a monthly basis for actual usage of service and all subscription fees are due in advance of the start of service. In the case of a partial month's service, the initial invoice shall include any pro-rated charges for the current month and the first full month of service. Any setup, installation or equipment charges shall be paid in at the time of, or delivery of, equipment or service. As such, any setup, installation or equipment charges not paid by at the time of, or delivery of, equipment or service may result in delayed service activation and automated termination of service until the balance due is paid. Invoices for monthly recurring subscription services (service plans) not paid by the thirtieth (30th) day from the invoice date may result in automated termination of service until the balance due is paid. In the event of any dispute regarding a billing invoice, Customer shall notify Wysper Technologies in writing within fifteen (15) calendar days of the invoice date. Thereafter, said invoice shall be deemed to be correct and binding. Payment is due on the date set forth in the invoice as the due date, and if no such date is identified, then no later than 15 days from the date of the invoice. Any amount not paid within fifteen (15) days after the invoice date will result in degrading the service by half of the subscribed bandwidth. Any amount not paid within twenty-five (25) days after the invoice date shall bear interest commencing on the invoice date and continuing through the date payment is received, at a rate equal to the lesser of 2% per month or the highest rate permitted by law. In addition, invoices not paid by the thirtieth (30th) day from the invoice date may result in automated termination of service until the balance due is paid. Customer is responsible for paying the entire amount billed on the invoice, including reasonable disputed charges, whether or not documented in writing to Wysper Technologies. Any dispute resolved in Customer's favor shall be credited on Customer's next invoice. Customer shall not seek legal or equitable remedies, including, but not limited to, injunctive relief, which would require Wysper Technologies to continue providing service to Customer Accounts that are sixty (60) days past due will be deactivated and sent to collections. Wysper Technologies is not responsible for customer owned and/or managed equipment that is breached and in turn initiates and incurs fraud or other illegal activity from its own network or from an outside compromise. Customer is responsible for securing their own, self-managed equipment including, but not limited to, phone systems, routers, and firewalls.
SERVICE AND RATES
Initial rates for the service plan are set forth on the pages of the Service Order (Residential & Business) except where otherwise required by applicable law or the provisions of this agreement applicable to term plans. Wysper Technologies may revise the rates for service from time to time, without prior notice, to reflect changes in regulatory imposed fees, the cost to provide service, service charges and tariffs or otherwise. Wysper Technologies reserves the right to move Customer to a different service or rate plan if usage or other criteria are not met for the plan to which Customer has subscribed or in which Customer currently is enrolled.
Refunds shall be only made as a credit to the subscriber’s next monthly bill, not to exceed over twelve (12) months. If the credit owed is over twelve (12) months, e.g., twelve (12) months multiplied by the MRC (monthly recurring cost), then, upon acceptance and approval from Wysper LLC, customer may request a refund. Such refunds will be paid to the subscriber within reasonable time. Wysper holds the right and privilege to either pay the refund in full or a partial refund with credits applied to the subscriber’s account for the difference of the refund owed to the subscriber.
The parties agree that any and all Wysper Technologies equipment deployed to the above properties will remain the property of Wysper Technologies. Customer shall not permit others to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any equipment without the prior written consent of Wysper Technologies. The equipment shall not be used for any purpose other than that for which Wysper Technologies provides it. Customer agrees (which agreement shall survive the expiration or termination of this agreement) to allow Wysper Technologies full and complete access to remove its equipment from the property. Wysper Technologies may arrange to ship products or equipment to Customer. Title and risk of loss pass to Customer when Wysper Technologies' designated shipper delivers products to the address Customer specifies. Customer must notify Wysper Technologies of damaged or missing items from Customer's order within three (3) days after Customer receives product. The customer agrees to pay all agreed upon monthly rental fees for Wysper owned equipment installed at the Customer premises.
Wysper, LLC will be not financially liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service and internet equipment, natural catastrophes including floods, hurricanes, tornadoes, volcanic eruptions, earthquakes, tsunamis, storms, and other geologic processes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
TERMINATION AND CANCELLATION
In event of Customer's early termination of this agreement prior to the expiration of any fixed term, Customer shall pay Wysper Technologies all charges for service provided through the effective date of such termination, plus 100% of the balance of the term's Monthly Recurring Charges (MRC). It is agreed that Wysper Technologies' damages, if services were terminated prior to the expiration of the Agreement Term, would be difficult or impossible to ascertain. Accordingly, the terms of this paragraph are intended as liquidated damages and not as a penalty in the event of early termination. Termination of service shall not relieve Customer of its obligation to pay all fees for service accrued and owing up to and including the date of termination or any other amount payable to Wysper Technologies.
CANCELLATION: Wysper Technologies may discontinue service or cancel an application for service, without incurring any liability, for any of the following reasons:
Non-payment when due any sum payable to Wysper Technologies for service
Violation of any law, rule, or regulation of any governing authority having jurisdiction over the service
By order of a court or other governmental or quasi-governmental authority having such jurisdiction
In the event service charges exceed the amount of any deposit which Wysper Technologies may have required or any established credit limit
If Customer provides false or misleading credit information
If, in the sole discretion of Wysper Technologies, Customer's financial condition has deteriorated or if Customer is involved in any bankruptcy or similar proceeding
In the event of any violation giving rise to a right of termination as set forth in Wysper Technologies's Acceptable Use Policy ("AUP") (Available on Wysper Technologies' website: http://www.wysper.net/terms). This paragraph shall not operate to limit or waive any other rights Wysper Technologies may have.