Below, please find a copy of the service agreement you must sign before we install our equipment at your home or business.
C Spire 5G Internet Service Agreement
Pursuant to this Services Agreement (“Agreement”) entered into by and between Telepak Networks, Inc., a Mississippi corporation offering services under the C Spire® brand (“Company”), and the customer and all persons who use the Services (“Customer”), Company agrees to provide and Customer agrees to purchase the services (the “Service” or “Services”) and equipment (the “Equipment”) as described as on Customer’s order and/or activation at the prices stated therein, on the terms and conditions stated therein and below.
TERM OF SERVICE AND ACCEPTANCE
This Agreement will be effective and binding at the time of Customer’s acceptance of this Agreement to Company and Company’s acceptance of the Agreement. You may accept this Agreement by doing any of the following: (1) providing Company a written or electronic signature or confirmation of this Agreement, (2) telling Company orally that you accept this Agreement, or (3) activating, installing, using or paying for the Services. If you do not accept this Agreement, you should not take any of the above actions. By accepting this Agreement, you affirm that you are of legal age to enter into a contract. By accepting this Agreement for an organization, you affirm that you are authorized to bind that organization, and references to “you” in this Agreement applies to that organization.
Company may accept this Agreement by providing Services to Customer. Customer agrees and acknowledges that Company may refuse to accept this Agreement or provide Services to Customer if Company believes Customer is unable to perform, in whole or in part, its obligations hereunder.
SUBSCRIPTION AND PAYMENT
Your subscription to the Services will commence on the Installation Completion Date, and will continue month to month until you cancel your subscription, or we terminate it (“Subscription”). You may cancel your Subscription at any time, and you will continue to have access to the Service through the end of your monthly billing cycle. COMPANY DOES NOT PROVIDE REFUNDS FOR PARTIAL-MONTH SUBSCRIPTIONS. You must cancel your subscription to the Services before it renews each month in order to avoid billing of the next month’s subscription fee for the Service. You may cancel at any time by calling 855-438-1009. If you cancel after your renewal date, you will continue to have access to the Service through the end of your renewal cycle.
By providing Company with a valid credit card payment method for your subscription, you authorize us to charge and bill you a monthly fee for the Services at the then current rate along with any other charges you may incur in connection with your use of the Services or the Equipment (e.g., router, static IP address), taxes or transaction fees, to your payment method. You understand and agree that your monthly charge may vary from month to month based on any number of factors, and you authorize us to charge your payment method for such varying amounts. Pricing for the Service, and any aspect thereof may be changed at any time in Company’s sole discretion. Except as otherwise provided in this Agreement, any price changes to the Services will take effect after notice is provided to you by email. Charges are billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your Subscription. We automatically bill your payment method each month on or around the calendar day corresponding to the commencement of your paying Subscription. If the calendar day of your Subscription payment is not in a given month, then we will bill your payment on a day as we deem appropriate. For example, if your Subscription payment commenced on March 31, your next payment may be billed on or around April 30. We also reserve the right to change the timing of our billing, in particular, as indicated below, if your payment method has not successfully settled. Your renewal date may change due to changes in your Subscription. As used this Agreement, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your credit card payment method. Unless otherwise stated differently, month or monthly refers to your billing cycle. You are responsible for keeping your payment method current, and if Company is unable to charge your payment method you may be subject to late fees, or fees or charges assessed by your financial institution. Company is not responsible and shall not be liable for losses of any kind that you may incur as a result of payment made on charges incorrectly billed. Any decision to provide a credit, refund or any other type of consideration is in the Company’s sole discretion, and does not obligate Company to provide them in the future for similar instances or under any other circumstances.
Company may change, limit, suspend or terminate the Service or this Agreement in its discretion at any time for any reason, including if you engage in any of the prohibited uses described below, or if the Service is no longer available. If the change to your Service or Agreement will have a material adverse effect on you, we will provide 14 days’ notice of the change. By using your Service after effective date of the change, you agree to the change.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, PARTICULARLY THOSE PARAGRAPHS RELATING TO YOUR INDEMNIFICATION OF COMPANY AND ITS AFFILIATES AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, AND PROVIDERS, AND THE LIMITATION OF LIABILITY PROVISIONS IN THIS AGREEMENT.
If you intend to dispute a charge to your account, then you must notify Company in writing within sixty (60) days of the date of your bill. Customer waives any disputes that are not reported within sixty (60) days of the date of the bill.
Customer understands and acknowledges that, for Company to provide the Services, certain Equipment including but not limited to, antennas, wires, electronic devices, modems, routers, and any other hardware (including software or programming contained therein), must be provided or leased to Customer at the physical address where the Service will be provided and as specified on Customer’s order and/or activation (the “Premises”). Specifically, Customer acknowledges that Company must install certain Equipment on the exterior of the Premises and connect it to a power supply in the interior of the Premises. Customer acknowledges that the Equipment requirements are subject to change depending upon the specific installation environment provided by Customer, and Company makes no representation or warranty that additional Equipment will not be needed. Customer agrees to maintain in good working condition and repair, at Customer’s sole cost and expense, the Equipment requirements for each Service provided by Company. Company will install or arrange for the installation of the Equipment at the Premises. Customer agrees to provide an installation environment and electrical and telecommunications connections as provided for in any applicable supplier or manufacturer installation manual or as otherwise specified by the supplier or manufacturer of the Equipment. Customer agrees that the Equipment belongs to Company and will not be deemed fixtures or in any way part of the Premises. At Customer’s request, Company may relocate the Equipment for an additional charge. Unless expressly permitted by Company, the Equipment may only be used in the Premises, and Customer acknowledges that they may not remove, relocate or reinstall the Equipment at a location other than the Premises. Customer may not permit any other service provider to use the Equipment. Customer understands that Company may remove or change the Equipment at its discretion at any time the Service(s) are active or following the termination of your Service(s). Customer acknowledges that they are responsible for loss, repair and replacement of the Equipment. Upon termination of this Agreement, Customer shall return and/or provide Company the ability to remove the Equipment from the Premises. For unreturned, unrecoverable, damaged or inoperable Equipment, Customer will pay Company reasonable replacement costs of the Equipment, in addition to any other damages caused by Customer’s termination of the Agreement prior to the expiration of the Applicable Term.
COMPLIANCE WITH LAWS; PAYMENT OF TAXES
Customer agrees to comply with all laws, regulations and orders relating to this Agreement and its use of the Services. Customer agrees and acknowledges that it is solely responsible for the payment of all license fees, assessments and sales, rental, use, property, excise and other taxes or surcharges or fees now or hereafter imposed by any governmental body or agency upon the Services. Any fees, taxes or other lawful charges paid by Company in connection with the Equipment or use thereof or the provision of Services hereunder (exclusive of any taxes based on the net income of Company), shall become immediately due from Customer to Company. This provision shall survive the termination of this Agreement and the use of the Equipment or Services pursuant hereto.
Upon the occurrence of any default or breach of this Agreement by Customer, and at any time thereafter, Company may, in its sole discretion, do any one or more of the following: (a) terminate this Agreement; and/or (b) exercise any other right or remedy which may be available to it under applicable law. Customer shall be liable for all reasonable attorneys’ fees and other costs and expenses resulting from such default or the exercise of Company’s remedies. No remedy referred to in this paragraph is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Company at law or in equity. No express or implied waiver by Company of any default shall constitute a waiver of any other default by Customer or a waiver of any of Company’s rights. The parties agree and acknowledge that the remedies afforded by this paragraph are an agreed measure of damages and are not a forfeiture or penalty.
This Agreement and any contractual rights or remedies available to Company hereunder shall be freely assignable, in whole or in part, by Company. Customer shall not assign this Agreement or its rights hereunder without the written consent of Company to such assignment. Any such transfer without the consent of Company is void.
GOVERNING LAW, ARBITRATION
This Agreement shall be governed by the laws of the State of Mississippi without regard to its conflict of laws principles. THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN CUSTOMER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH CUSTOMER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $3,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $3,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You warrant that you are either the owner of the Premises, or that you have the authority to provide access for installation of Equipment and the Services, and the right of ways, easements, and other licenses or permissions granted in this Agreement.
INSTALLATION AND REMOVAL OF EQUIPMENT
We will install or arrange for the installation, and you agree to permit installation, of the Equipment on the Premises, within a reasonable time after this Agreement has been accepted by Company. We shall perform any re-installation, return of, change or transfer in the location of the Equipment at our rates in effect at the time of service. Company shall not be responsible for any damage to the Premises arising from the installation or removal of the Equipment except in cases of negligence or improper workmanship and then only to the extent of the actual damages thereof. Claims of negligence or improper workmanship must be made in writing to Company to: C Spire Claims, P.O. Box 429, Meadville, MS 39653, within thirty (30) days after installation or removal of the Equipment. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS ASSOCIATED WITH INSTALLATIONS AND YOU RELEASE AND HOLD HARMLESS THE INSTALLER, THE COMPANY, AND THEIR RESPECTIVE AGENTS FROM ANY LIABILITY RELATED THERETO. You hereby grant to Company an easement in gross covering the routing and access necessary for the installation, operation, and removal of the Equipment on, across, through, and inside the Premises at no cost or charge to Company.
LAWFUL, NON FRAUDULENT USE OF SERVICES
You agree to use the Services only for lawful purposes. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that: (a) interferes with our ability to provide Services to you or other customers; or (b) avoids your obligation to pay for Services. You further agree not to use the Services for transmitting or receiving any communication or material of any kind when in Company’s sole judgment the transmission, receipt or possession of such communication or material (a) would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or internal law, or (b) encourages conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Company has reason to believe that you or someone else is abusing the Services or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Services without advance notice. You are liable for any and all such use of the Services and/or Equipment by yourself or any person making use of the Services or Equipment provided to you and agree to indemnify and hold harmless Company from any and all liability for any such use.
PROHIBITED USES OF THE SERVICES AND EQUIPMENT
Customer acknowledges that this service is not designed for web hosting, game server hosting or other activities which could degradade the experience of other customers, and such practices are prohibited. You are prohibited from reselling or transferring the Services or Equipment to any other person for any purpose, without the express prior written consent of Company. In addition, you are prohibited from using the Services to operate fixed servers or for any uses that result in excessive usage inconsistent with normal usage patterns. Specifically, if Company determines, that you are in violation of its Home Services Acceptable Use Policy found at http://www.cspire.com/cms/home-services/support/Home-Services-Acceptable-Use-Policy/, Company reserves the right to immediately terminate without advance notice or modify the Services and to assess additional charges for each month in which the excessive usage occurred.
The Company uses reasonable network management practices to protect the network from harmful elements such as viruses, malicious internet traffic and spam, to ensure Customer compliance with this Agreement, and to avoid network congestion in order for Company to provide the best possible service for the most customers. We may, among other things and without advance notice, prioritize the usage of those a small percentage of customers who use the highest amount of data below that of other customers during “peak times” or locations experiencing network congestion. Our network management practices change frequently due to the evolving nature of Internet, and may be viewed on the Network Management Policy located on www.cspire.com.
COPYRIGHT; TRADEMARK; UNAUTHORIZED USAGE OF EQUIPMENT
The Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials provided to you (either personally or via Company’s or its affiliate’s website(s)), are protected by trademark, copyright, patent, and other intellectual property laws. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively the “Marks”) of Company and its affiliates are and shall remain the exclusive property of Company and its affiliates and nothing in this Agreement shall grant you the right or license to use any of such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Services or provided to you in conjunction with providing the Services or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modifications thereto) strictly in accordance with this Agreement. If you decide to use the Services through an interface device not provided by Company, which Company reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use the interface device with the Services and you will indemnify and hold harmless Company from and against any and all liabilities arising out of your use of such interface device with the Services. You shall not reverse engineer, reverse compile, decompile, or otherwise attempt to derive the source code from the binary code of the firmware or software.
TAMPERING WITH SERVICE OR EQUIPMENT
The Equipment will be configured for your exclusive use of the Services as designated by Company. Unless expressly authorized by Company you shall not tamper with the Equipment or modify its configuration. You agree not to change the electronic serial number or identifier of the Equipment, or perform a factory reset of the Equipment without prior written permission from Company. Company reserves the right to terminate your Services should you tamper with the Equipment, leaving you responsible for all applicable charges. You agree not to hack or disrupt the Services or to make any use of the Services which is inconsistent with its intended purpose.
CANCELLATION OF SERVICES
Company reserves the right to discontinue Services immediately and without advance notice for any reason, including but not limited to if Company deems such action is necessary to prevent or protect against fraud or to otherwise protect Company’s or its affiliate’s personnel, agents, facilities, or services. Without limitation, Company may take such actions if: (a) you refuse to furnish information or furnish false information that is essential for billing, or pertains for your creditworthiness or your use of the Services; (b) you indicate that you will not comply with a request for security for the payment of Services; (c) your Service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or fraud; (d) you have been given notice by Company of any past due amount and such amount remains unpaid, in whole or in part; (e) you refuse to pay when billed for Services; (f) you use, or attempt to use, the Services with the intent to avoid the payment, in whole or in part, of the charges for the Services by using or attempting to use Services by rearranging, tampering with, or making connections to Services in an unauthorized manner, or using fraudulent means or devices; (g) you act in a manner that is threatening, obscene, or harassing to Company personnel; or (h) you are in breach of the terms of this Agreement. The discontinuance of Services by Company does not relieve you of any obligation to pay Company for charges due and owing for Services furnished up to the time of cancellation.
PRIVACY AND SECURITY
CONSENT TO ELECTRONIC CONTACT:
It is important that Company be able to contact you from time to time. If you agree to give Company an email address (your “Primary Email Address”), then you are consenting to the receipt of emails from Company at Customer’s Primary Email Address for any purpose relating to this Agreement. Customer also agrees that Company may call or message Customer at the phone numbers Customer supplies Company and Customer agrees that calls may be made using any method including autodialing equipment, an artificial or recorded voice, or via text or email messages sent to a wireless device. If your wireless provider charges you for text or email messages you are responsible for any such charges. Customer agrees that if Customer provides Company with a wireless telephone number that Company is authorized to send Customer Service related text messages during the Term of this Agreement. Customer must notify Company immediately if Customer’s Primary Email Address or wireless telephone number changes.
NO CREDIT ALLOWANCE FOR INTERRUPTION OF SERVICES
You acknowledge and agree that the Services are provided “as is.” Credit allowances for interruption of Services shall not be provided.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF YOUR SERVICES, RELATING TO OR ARISING OUT OF THE SERVICES, THE EQUIPMENT OR ITS INSTALLATION, OR THIS AGREEMENT. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEYS’ FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
LIMITATION OF LIABILITY
COMPANY’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ACCESS AND/OR USE OF THE SERVICES, ANY CONTENT PROVIDED VIA THE SERVICES, OR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY’S NEGLIGENCE, OR ON ACCOUNT OF ANY ACT OR OMISSION OF COMPANY, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY COMPANY’S INTENTIONAL MISCONDUCT OR RECKLESSNESS, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. COMPANY AND ITS AFFILIATES AND EACH OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
Company will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of Service that is caused by any of the following: (a) acts or omissions of an underlying carrier, service provider, vendor or other third party; (b) Equipment, network, or facility failure; (c) Equipment, network, or facility upgrade or modification; (d) force majeure events such as, but not limited to, acts of god, hurricane, fire, war, acts of terrorism, and government actions; (e) Services, Equipment, network, or facility failure caused by loss of power to you; (f) outage of your broadband service provider; (g) your acts or omissions or the acts or omissions of any person using the Services or Equipment provided to you; or (h) any other cause that is beyond Company’s control including, but not limited to, failure of or defect in any Equipment, the inability of communications connections to be completed, or the degradation of voice quality. Furthermore, Company will not be liable to you or others for any damages arising from the content of any data transmission, communication, or message transmitted or received by you, or losses resulting from any goods or service purchased or messages received or transactions entered into through the Service.
Company’s aggregate liability for: (i) any failure or mistake, (ii) any claim with respect to Company’s performance or nonperformance hereunder, or (iii) any act or omission of Company hereunder, shall in no event exceed the charges for the Services for the affected time period.
NO WARRANTIES ON SERVICE
THE SERVICES ARE PROVIDED TO YOU “AS IS.” COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICES OR EQUIPMENT, IF ANY, BY COMPANY OR ITS AGENTS OR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. COMPANY DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, COMPANY EMPLOYEES, AGENTS, OR REPRESENTATIVES TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
NO WARRANTIES OR LIMITED WARRANTIES ON EQUIPMENT
If you received Equipment from Company and the Equipment included a limited warranty from the manufacturer at the time of receipt, you must refer to the separate limited warranty document provided with the Equipment for information about such warranty. You acknowledge that Company is not the manufacturer of the Equipment and you agree to look solely to the manufacturer for any remedies associated with the malfunction of the Equipment. Company makes no warranties of any kind, express or implied, in connection with the Equipment.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Time is of the essence with respect to this Agreement. Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement. All indemnifications, releases, limitations of liability, disclaimers of warranties, limitations of remedies, the agreement to arbitrate, the restrictions upon use of the Services and/or the Equipment and the rights of Company to take action necessary to remain in compliance with any Applicable Tariff or license, including its right to retake possession of or disable the Equipment, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.
ENTIRE AGREEMENT; MODIFICATION
This Agreement correctly sets forth the entire agreement between Company and Customer with respect to the Services, installation and maintenance services, and Equipment provided by Company to Customer.
Copyright of Telepak Networks, Inc. dated March 28, 2018. [00091301-2]