This form must be signed and returned within 5 business days of DSL activation. Otherwise, first month's payment of DSL services denotes agreement to the terms and conditions set forth below. Any questions may be directed to EONET at 409-833-1700.
I. GENERAL TERMS AND DEFINITIONS. Any individual or entity receiving any product or service from Lanware Technology, LLC dba EONET ("EONET") shall hereafter be referred to as "Client". By accepting products and/or services provided by EONET, Client agrees to observe and abide by all of the provisions, terms, and requirements specified in this agreement. Client's continued use of the services constitutes acceptance of this agreement, including any modifications. II. BILLING. EONET shall bill Client for services, rendered at the published rate of such services on the date of Client's receipt of EONET's service order form. Unless otherwise specified, monthly recurring service charges are pre-billed one month in advance due upon receipt, and considered late on the 15th of the month. Where applicable, service charges for the initial partial month of service will be pro-rated and billed on the first recurring monthly bill. For each month thereafter, the full monthly fees are due for any part of a month in which services are provided. Monthly fees are non-refundable. 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 EONET. Customer is still responsible for any fees owed on terminated accounts, a reconnect fee may also apply.
III. DISCLAIMER OF LIABILITY. Client acknowledges that all services are provided on an "As Is" basis and that EONET makes no warranty of any kind, expressed or implied, regarding the reliability or suitability for a particular purpose of its services. EONET disclaims any warranty of merchantability or fitness for a particular purpose. No oral advice or written information given by EONET, its employees, directors, agents or other representatives, shall create or expand any representation or warranty nor shall Client be entitled to rely on any such information or advice. Client acknowledges and understands that EONET exercises no control over the nature, content, or reliability of the information delivered to Client from the Internet via EONET. Under no circumstances shall EONET be held responsible for damages or loss suffered by Client, including but not limited to special, incidental, consequential, or punitive damages, as a result of Client's direct or indirect use of EONET services including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Client's or EONET's or a third party's negligence, fault, misconduct, or failure to perform. Client acknowledges that Internet access service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and outside of the control of EONET. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract entered into by EONET and Client. EONET reserves the right to refuse or terminate service to Client at any time.
IV. CLIENT RESPONSIBILITY. Client is responsible for protecting all account passwords and for any authorized or unauthorized use made of Clients account. Client agrees to comply with the rules appropriate to any network to which Client may gain access via the services of EONET. Clients acknowledges that any proprietary, confidential, or otherwise valuable information that Client desires to keep confidential should not be transmitted over any part of the Internet, nor reside on computers connected to the Internet. Client will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against EONET or its clients. Client agrees that under no circumstances will the Client use EONET's equipment and/or electronic mail addresses in connection with the sending of, unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of EONET's service, equipment or any EONET electronic mail address.
V. SURVIVABILITY. The covenants, agreements, representations, and warranties contained in or made pursuant to this Agreement shall survive the Signing for a period of one (1) year or the term of this contract, whichever is greater, and any delivery of the purchase price by Purchaser, irrespective of any investigation made by or on behalf of any party. The statements contained in any other document executed by EONET relating hereto or thereto or delivered to Client in connection with the transactions contemplated hereby or thereby, or in any statement, certificate, or other instrument delivered by or on behalf of EONET pursuant hereto or thereto or delivered to Client in connection with the transitions contemplated hereby or thereby, shall be deemed representations and warranties, covenants and agreements, or conditions, as the case may be, of EONET hereunder for all purposes of this Agreement (including all statements, certificates, or other instruments delivered pursuant hereto or thereto or delivered in connection with the transactions contemplated hereby or thereby).
VI. SERVICE PLANS AND TERM COMMITMENT. Client agrees not to use the services purchased from EONET in a manner prohibited by any federal or state law. Cancellation by client prior to line installation is subject to a disconnect/cancellation fee as outlined under paragraph VIII. If Client terminates service after line installation and prior to completion of the minimum 1 year term commitment, Client agrees to pay 50% of Client's remaining monthly service fees or $200 whichever is greater pursuant to this agreement and the full amount due of Client's equipment charge and the applicable cancellation fee as outlined in Section VIII. Termination of service must be in writing to EONET with a thirty-day notice. Past due accounts are subject to termination without prior notice. To restore service, a $150 reactivation charge will apply. Customer will be liable for all past due charges and any early termination fees if account is not brought current and service restored
VII. SERVICE LEVEL AGREEMENT. In the event Client experiences a service outage on a business DSL Speed line for more than two (2) consecutive hours and is unable to transmit and receive information from EONET's Internet Data Centers to other portions of the Internet and Client notifies EONET immediately of such event and EONET determines that such inability was caused by EONET's failure to provide said services for reasons within EONET's reasonable control and not as a result of any actions or inactions of Client or any third party providers (including failure of third party equipment), to include but not limited to upstream bandwidth providers, and such inability is not a result of standard scheduled maintenance of EONET's equipment or services, EONET will, upon Client's' request, credit Client's account the connectivity charges for five (2) times the length of the outage. Client credit may not exceed one month's service fees in any single calendar month. Client must request in writing or via e-mail the credit within 72 hours of service restoration.
VIII. REFUNDS. If within the first thirty-days of your DSL circuit installation you are dissatisfied with the performance of your DSL line, you may cancel your line without penalty. A cancellation fee will apply to contracts terminated prior to line installation. A full refund will be given for equipment returned in new resalable condition and for any remaining portion of prepaid monthly service charges pro-rated daily .All other payments are non-refundable. Defective hardware will be repaired or replaced within 15 days of purchase date; leased hardware or customers with service contracts will be repaired or replaced within 24 hours.
IX. OTHER ONE-TIME FEES (if Applicable).
Standard Installation (inside wiring NID to RJ45) $200.00
Nonstandard Installation (materials extra) $200 + $40/hr after 2nd hour
Standard Inside Move $150.00
Nonstandard Inside Move (materials extra) $150 + $40/hr after 2nd hour
Outside Move Same as Installation
Early Termination Fee (per circuit) Prior to Installation $200.00
Early Termination Fee (per circuit) After Installation $500.00
Inside Wiring Repair $150 + $40/hr after 1st hour
Reschedule Visit Due to Lack of Access $150.00
Facilities Management Riser Connection $250.00
Router Configuration $100.00
On-site Networking and Troubleshooting $100.00/hrX. ATTORNEY FEES. In any litigation or other proceeding by which one party seeks to enforce its rights under this agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations to the agreement, the prevailing party shall be awarded reasonable attorneys fees, together with any costs and expenses, to resolve this dispute and to enforce the final judgment.
XI. CHOICE OF LAW; VENUE; JURY TRIAL. This agreement shall be construed in accordance with and governed by the internal laws of the State of Texas, without given effect to choice of law. Any legal action or other legal proceeding relating to this agreement or the enforcement of any provision of this agreement shall be brought or otherwise commenced in a state or federal court located in the County of Jefferson. Each of the parties hereto irrevocably waives the right to a jury trial in connection with any legal proceeding relating to this agreement or the enforcement of any provision of this agreement
XII. ASSIGNMENT. The provisions of this agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of the parties hereto. Client may not assign or transfer its rights or obligations under this agreement without the prior written consent of EONET, and any attempted assignment without such consent shall be null and void.
XIII. ENFORCEABILITY. If any provision of this agreement is held to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.
Due to DSL technology characteristics, service availability and the maximum speed deliverable to your location cannot be guaranteed until the date of line installation. In the event that DSL cannot be provided at the maximum speed, you will automatically receive DSL at the applicable lower speed.
I have read and understand the above Terms and Conditions, and I agree to act in accordance with this Agreement.
Business Name: ___________________________________________________________Purchaser Authorized Name (Print):___________________________________________
Purchaser Authorized Signature: _____________________________________________
Date: _____________________
Phone # 409-833-1700 Fax # 409-833-7612 [email protected] http://www.eonet.net
