CONTRACT
Thunder Mountain Wireless Customer Service Contract
1. INSTALLATION AND SERVICES.
a. You hereby authorize Thunder Mountain Wireless and/or its authorized
contractors to install an antenna, modem, software, wiring and other equipment
(the “Equipment”) at your home (the “Premises”) necessary to provide Thunder Mountain
Wireless service (the “Services”).
b. Any custom installation work
that you request, including placing cable carpet, through cabinets, through
interior walls or inside molding, may require additional charges.
c. Thunder Mountain
Wireless will not be liable for any alterations to the Premises that result from
the installation or removal of the Equipment, including, but not limited to,
holes in walls, cable wiring or antenna mounting brackets.
d. You warrant
that you are at least 18 years of age and that you own the Premises, or have
received permission from the owner of the Premises to make any changes to the
Premises needed to install the Equipment and receive the Services. Additionally,
it is your obligation to confirm that the placement of the antenna on the
Premises is not in violation of any restrictive covenants, conditions or
homeowners restrictions.
e. You agree to allow Thunder Mountain Wireless or its
contractors access to the Premises to perform installation, repair or
maintenance services in support of the Services.
f. You will use the Services
only for the plan that you signed up and are paying for. If you are a
residential customer and found to be using the service for business purposes
your account will be reviewed and you will be asked to upgrade to one of the
business plans
g. Thunder Mountain Wireless may revise, modify or discontinue any or
all aspects of the Services, including but not limited to service and Equipment
prices, any applicable tariffs, and any terms of this Agreement.
h. Notice to
you of any revisions or modifications will consist of updating the terms on the
Thunder Mountain Wireless web site (when available) or sending you an email.
i. Thunder Mountain Wireless assumes no responsibility or liability for interruption of the
Services.
2. PAYMENT TERMS.
a. Thunder Mountain Wireless will provide the Services to you subject to this
Agreement, and you agree to pay for the Services when due by check.
b. Installation and Equipment charges and first month’s service fee are due
immediately upon completion of installation.
c. If you fail to pay all
valid charges for the Services when due, Thunder Mountain Wireless may charge you interest
on those charges as well as any insufficient funds charges.
d. If you fail to
pay any amounts owing to Thunder Mountain Wireless within 30 days, Thunder Mountain Wireless will
have the absolute right to disconnect the Services without notice. Upon
disconnect, you agree to immediately pay all amounts owing to Thunder Mountain
Wireless.
3. TERM AND
TERMINATION; TERMINATION FEE.
a. This Agreement will have a twelve (12) month
initial Term.
b. At the end of the initial Term, this Agreement will
automatically renew for successive one-month periods unless you advise Thunder Mountain
Wireless in writing that you wish to terminate the Services.
c. If you
terminate this Agreement before the end of the initial Term, you agree to pay
Thunder Mountain Wireless a termination fee of the total sum of all payments due under the
terms of the contract (the “Termination Fee”) divided by the number of months in
the Term multiplied by the number of months remaining in the Term at the time of
termination.
d. If you move out of the Premises prior to the conclusion
of the initial Term, Thunder Mountain Wireless may terminate this Agreement and disconnect
the Services and you will be liable for the Termination Fee.
4. LIMITED WARRANTY, SERVICE AND REPAIRS.
a. Thunder Mountain Wireless will provide limited parts and
labor warranty for the Equipment and the installation thereof during the initial
Term.
b. This warranty excludes any damage resulting from abuse or
negligence, or Acts of God, as determined solely by Thunder Mountain Wireless.
c. This warranty is in lieu of all other warranties, express or implied, including but
not limited to any implied warranties of merchantability or fitness for a
particular purpose.
d. If Thunder Mountain Wireless damages the Premises during the
Services installation, Thunder Mountain Wireless will compensate the owner of the Premises
for reasonable, actual and documented costs of necessary repair, not to exceed
$500.
e. Thunder Mountain Wireless will sometimes hire subcontractors and independent
contractors to perform all aspects of installation and repairs of the broadband
system. Thunder Mountain Wireless is not liable for any death, injury or damages, which
may or does result from the work performed by these subcontractors and
independent contractors.
5. INTERNET ACCESS.
a. You hereby agree to abide by Thunder Mountain Wireless’s Acceptable Use
Policy. The Policy is set forth in full on Thunder Mountain Wireless’s website at http://tmwireless.com/pricing.html
b. You access the materials on the Internet at your own risk.
c. Thunder Mountain Wireless
may deny you access to all or part of the Services without notice if you breach
this Agreement, including, but not limited to, Thunder Mountain Wireless’s Acceptable Use
Policy.
d. You agree to comply with any bandwidth usage or other limitations
on the Services set by Thunder Mountain Wireless in its sole discretion. If
Thunder Mountain Wireless determines that you are exceeding bandwidth limits, you will be
notified by mail and given 15 days to bring your usage within appropriate
limits. If excessive use continues after the 15-day period, Thunder Mountain Wireless may
take any action it deems necessary, including, but not limited to, terminating
the Services, to ensure that your usage does not adversely affect Thunder Mountain
Wireless’s ability to provide the Services to other customers. Thunder Mountain Wireless
will notify you of any such action via mail or email.
e. Thunder Mountain Wireless’s network gathers information about Internet usage such as the sites visited,
session lengths, bit rates, and number of messages and bytes passed. Thunder Mountain
Wireless uses this information in the aggregate. Thunder Mountain Wireless may share this
aggregated information with other parties from time to time. Thunder Mountain Wireless
collects and uses personally identifiable information obtained from you and from
other sources for billing purposes, to provide and change service, to anticipate
and resolve problems with your service, or to identify, create and inform you of
products and services that better meet your needs. Thunder Mountain Wireless will NOT use
or disclose any personally identifiable information regarding Internet usage
unless compelled by a court order or subpoena, you consent to the use or
disclosure, or to Thunder Mountain Wireless services and facilities.
6. LIMITATION OF LIABILITY.
a. NEITHER THUNDER MOUNTAIN WIRELESS NOR ITS SUBCONTRACTORS WILL BE LIABLE
FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR
ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF THUNDER MOUNTAIN WIRELESS ‘S
SERVICE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP
YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT THUNDER MOUNTAIN WIRELESS
AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR
COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON
YOUR COMPUTER IN SUPPORT OF THUNDER MOUNTAIN WIRELESS’S SERVICE.
b. YOUR
EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF
EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING THUNDER MOUNTAIN WIRELESS’S OR ITS
SUBCONTRACTOR’S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO THUNDER MOUNTAIN WIRELESS UP
TO THE TIME THE DAMAGE IS DISCOVERED.
c. THE SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER THUNDER MOUNTAIN WIRELESS NOR ITS AFFILIATES WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
d. THUNDER MOUNTAIN WIRELESS, ITS AFFILIATES AND ITS
SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL
INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR
USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART
THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS,
PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,
TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
e. YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD THUNDER MOUNTAIN WIRELESS, ITS AFFILIATES AND SUBCONTRACTORS HARMLESS FROM
ANY CLAIMS MADE BY THIRD PARTIES ARISING OUT OF THE USE OF THE EQUIPMENT AND/OR
SERVICES BY YOU OR ANY AUTHORIZED USER OF YOUR ACCOUNT, INCLUDING THE PLACEMENT
OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE
INTERNET
F. THESE LIMITATIONS ON LIABILITY AND INDEMNIFICATION PROVISIONS
INURE TO THE BENEFIT OF AND APPLY TO :(1) ANY SUCCESSOR TO THUNDER MOUNTAIN WIRELESS
BUSINESS BY WAY OF MERGER, PURCHASE OF ASSETS, OR OPERATION OF LAW; AND (2) ANY
SUBCONTRACTOR PERFORMING WORK ON BEHALF OF THUNDER MOUNTAIN WIRELESS.
Signature
_____________________________
Date_____________________________
Service Plan ___________________________