This Service Agreement ("this Agreement ") is entered into on the day of installation of equipment, between Wood River Internet (“WRI”), and Customer stated above in this Service Agreement. ("Customer"). WRI shall provide Client with a connection to the Internet (the "Connection") at the above address in this Service Agreement. In consideration for the Connection, Customer shall pay WRI the sum of his/her selected package, each month during the term hereof. Cancellations will be processed at the end of the bill cycle. We will pro-rate service for unused time during that month of cancellation. Cancelation of service will be calculated at $17.50 a month for the remaining months on your 2 year contract. Plus a disconnection fee of $29.95 will be added to your invoice. Prices do not include additional applicable fees, surcharges, or taxes.
1: WRI agrees to lease to Customer equipment necessary to establish an Internet connection, specifically, a Subscriber Module, Power Injector, and Ethernet cables (all such equipment referred to herein as the "Leased Equipment") on a 2 year contract. With exception due to manufacturing defects, which shall be remedied by WRI without charge to Customer at any time during the term of the Agreement. Customer shall bear all risk of loss in respect to the Leased Equipment, including, but not limited to damages caused by weather or other conditions existing at Customer's location, and Customer shall return the Leased Equipment to WRI in good working order within ten (10) days of the date of any termination of this Agreement, or customer is subject to a cost of replacement.
2: WRI shall provide Customer with the labor necessary for the above normal installation of Internet equipment at the Customer's requested location. In consideration for the installation, Customer shall pay WRI a one-time installation fee, which shall be due upon Customer execution hereof.
3: Customer understands that the installation services included in this contract are limited to the installation of a Subscriber Module (SM) and one cable which will run from the SM into the customer location via one (1) hole through an exterior wall of Customer's structure. WRI shall not be responsible for additional installation tasks not specifically listed in this Section 3, which may be deemed desirable or necessary by customer or the installer. Customer shall be responsible for the additional work subsequently requested by Customer.
4: All payments for service, lease and /or installation should be in the form of Major Credit Card, cash, check, etransfer or bank payment. If Customer does not return all the Leased Equipment to WRI in good working order within ten (10) days of the date of the termination of this Agreement by either party, Customer authorizes WRI to submit a charge on the Customer's payment method in the amount of the replacement value of the Leased Equipment not returned.
5: Customer understands the Connection operates through a Wifi Connection. The WiFi router is provided and installed by WRI.
6: WRI shall not be responsible or liable for any of the following:
-Any obstruction(s) that might be erected or grow between the antenna at Customers' location and the POP which causes degradation or loss of service.
-Debris or ice on the antenna located at Customer's location.
-Aiming or re-aiming the antenna located at Customer's location more than ten (10) days after its installation.
-Repair or restoration of any structure or surface altered or penetrated by WRI during the installation or removal of antenna, mast, tripod, wiring or any other WRI Equipment located at Customer's location.
7: Customer understands that WRI connectivity may require direct radio line of site, and that any obstruction between the POP and the antenna located at Customer's location may block the signal and cause the failure of the Connection. In the event that foliage disrupts service, WRI 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 fifteen (15) days of Customer's notice to WRI of a service interruption, either party may terminate this Agreement. Upon any termination of the Agreement pursuant to the preceding sentence, Customer shall receive a refund of a prorated portion of the service fee for any period in excess of forty-eight (48) hours that Customer has paid for service, but the Connection was not operational.
8: Customer acknowledges that all fees are non-refundable after the Connection becomes operational (the "Activation Date").
9: Permitting and Landlord Approval.
It shall be Customer's responsibility to obtain any required permits, consents or, for the installation of WRI Equipment on property not owned by Customer., WRI's Landlord Approval Form in regards of the following: Landlord consents to the installation, maintenance and removal of equipment required for the Connection.
10: The term of this Agreement shall commence on the Activation Date and shall continue on a month-to-month basis for your 2 year contract. Unless notice is given by either party the other not less than thirty (30) days prior to the end of the Customer's active bill cycle, this Agreement shall automatically be renewed for additional term(s) of equal length to the initial term. WRI may change the monthly charges payable under this Agreement for any renewal term by notifying Customer at least thirty (30) days prior to the beginning of any renewal term of such a rate change.
11: Customer will be invoiced monthly in advance for all amounts due and owing to WRI. All payments are due within 15 days after the date of such an invoice. Customer's use of the Connection may be suspended if payment is not received by WRI within thirty (30) days of the date of such an invoice. Payments shall be made at, or mailed to WRI at 42 Main Street Lafleche, SK, S0H 2K0.
12: Customer represents and warrants to WRI that the Leased Equipment shall be at all times prior to its return to WRI be located at the address of Customer.
13: The Connection is intended solely for use within the home, apartment, or office in which it is originally installed. Customer may not share the connection with other locations, unrelated parties, other business entities or their employees. Reselling Internet services obtained through the Connections is strictly prohibited.
14: If WRI terminates, Customer's use of the connection for violation of WRI's acceptable use policy, Customer 2 year contract remainder of the then current term of the Agreement.
15: Through the Connection WRI provides Customer access to the Internet. Customer hereby acknowledges that the Internet is a separate and independent network of computers, which is not owned, operated or managed by WRI or any way affiliated with WRI or any of its affiliates. Customer's use of the Internet shall be solely at Customer's own risk and is subject to all applicable laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond WRI's authority and control.
16: The Connection and WRI'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 WRI to be inappropriate or improper, such as transmitting bulk e-mail messages, or using a peer-to-peer network.
17: WRI makes no warranty, express or implied, including but not limited to, that the Connection is suitable for a particular purpose. WRI shall not be responsible for any loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption, however caused. Use of any information obtained through WRI's network at Customer's network shall be at Customer's own risk. WRI specifically disclaims any and all responsibility for the accuracy or quality of information obtained through the Connection.
18: Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electrical breakdowns, may result in temporary impairment or interruption of service. As a result, WRI does not guarantee continuous or uninterrupted service and serves the right, from time to time, to temporarily reduce or suspend service without notice. Customer shall indemnify and hold WRI 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. Customer consents to the periodic monitoring of Customer's use of the Connection and WRI's network by WRI as may be reasonably required by WRI to conduct its quality control activities.
19: Upon the occurrence of a breach by Customer of any provision hereunder, WRI, reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Customer therein.
20: Customer agrees to pay all costs incurred by WRI in enforcing the terms of the Agreement, including, but not limited to reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including but not limited to, reasonable attorney fees.
21: This Agreement is deemed to be entered into in the Province of Saskatchewan and the parties agree that any dispute arising under this Agreement shall have its venue in Lafleche, Saskatchewan, and any such dispute shall be governed by and constructed in accordance with the laws of the Province of Saskatchewan.
22: WRI may assign this Agreement without Customer's prior consent and all of WRI's rights, title, and interest herein shall insure to the benefit of such assigner, its successors and assigns. The Agreement shall not be assignable by Customer except with the written consent of WRI. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns.
23: Neither party shall disclose any of the terms and conditions of the Agreement without prior written consent of the other.
24: Customer agrees to indemnify and hold WRI harmless for any injuries or damages sustained during or as a result of the installation of the Leased Equipment by Customer or by any agent of Customer.
25: 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.
26: All notices, elections, and, waivers required or otherwise given here under 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 Canada Post, by facsimile transmission, or by electronic mail at the addresses set forth on the front. If mailed or transmitted as aforesaid, notices, election, and waivers shall be deemed given on the date of such mailing or transmission (except as elsewhere-provided herein).
27: WRI may update or edit this agreement without prior notification by making a revised version available on our website. www.woodrivercontrols.com.
28: 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.
