This agreement serves as the Terms of Service for High Rapid Networks, a WyomingLimited Liability Company. High Rapid Networks (“HRN”) may modify the policies of this agreement at any time to sustain compliance with local, state, and federal governments.
SERVICE TO BE PROVIDED: HRN, under the terms of this agreement, will furnish to subscriber the selected services of Wireless Internet Service agreed upon at time of installation.
TERMS OF THE AGREEMENT: This Agreement shall be in the effect for an initial term commencing with service inception and continuing for as long as service is being provided. Subscriber has the right to cancel subscription to service(s) at any time. HRN owns all equipment, antennas, cables, and upon any termination all equipment must be returned to HRN apart from any cabling affixed to a building. Any unreturned or un-retrievable equipment will be billed to subscriber in the amount of $500.00.
CHANGES TO SERVICE: Subscriber may choose to change their Wireless Internet Service package/speed without violating the terms of this agreement. A move of service will incura minimum fee of $55.00. Excess cabling and other additional items necessary for moves will incur normal hourly rates of $75.00 beyond the basic $55.00 equipment move fee.
VACATION STATUS: Subscriber may choose to put a billing hold on their Wireless Internet Service package without violating the terms of this agreement. Subscriber is allowed a minimum hold of thirty-one (31) calendar days and a maximum of one hundred eighty-six(186) calendar days. If subscriber chooses a thirty-one (31) calendar day holdthen subscriber is allowed 2 holds per calendar year. If subscriber chooses a one hundred eighty-six (186) calendar dayhold then subscriber is only allowed 1 hold per calendar year. Subscriber mustrequest for this or they are liable forthefull balance on account once activated. This status does not allow for the subscriber to have active Wireless Internet Service during the terms duration.
Subscriber will be billed the appropriate rates for the Wireless Internet Service speed
selected at the time of Installation.
Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay proceeding monthly service charges by the last day of the preceding month, shall give HRN the right, to temporarily disconnect Wireless Internet Service. HRN is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet Service account. A returned check will be considered non-payment of the account.
Restoration of service will require payment of any unpaid balance. If service is not reconnected with sixty (60) calendar days, the Wireless Internet Service will be permanently disconnected. To restore service after a permanentdisconnect, payment of the full unpaid balance and pre-payment of new installation charges may apply.
A $25.00 processing fee will be charged on all returned checks. Returned checks not paid within thirty (30) calendar days will be reported to the MoffatCounty Attorney’s Office for enforcement.
SUBSCRIBER PROVIDED EQUIPMENT:
Any on-site equipment not owned by HRN is subscriber provided equipment. HRN is not
responsible for support of subscriber provided equipment and subscriber will be liable
for the expense of a service call if such equipment is requested to be serviced.
In the event a subscriber installs an internal network utilizing the provided Wireless Internet Servicemodem, it is with the clear understanding that HRN is not responsible for any problems that may occur. HRN will not dispatch a technician to subscriber’s location to resolve any computer and/or network-related problems without an associated fee. HRN will not perform work on any of subscriber provided equipment without an associated fee.
SUBSCRIBER INSTALLATION: The installation date and time will be determined by HRN and communicated to the subscriber after a site survey has been completed. HRN Internet Service is available to subscribers 18 years of age and older. An adult, 18 years of age minimum, must be present during installation. Prior to installation on rented or leased properties, subscriber is fully responsible for obtaining any permissions required by landlord for Internet Service installation. If HRN requests from subscriber to have an Installation Letter of Permission signed, then it needs to be completed by time/date of installation or installation will be rescheduled until Letter is signed by the appropriate person(s). HRN will not be responsible for the removal of mounts and cabling or patching of holes for mounts and cabling upon termination of Internet Service. Subscriber hereby grants HRN and itscontractor’s full unobstructed access to HRN’s Outdoor Customer Premise Equipment upon termination of services from HRN. Subscriber agrees to indemnify, defend and hold harmless HRN and its’ contractors against any and all claims and expenses (including attorney fees) resulting from uninstallation of HRN’s Internet Service.
SERVICE CALLS: If HRN is called to subscriber’s site and it is determined that the problem is not related to the Wireless Internet Service, a minimum service fee of $75.00 will be charged for the first hour and in half hour increments thereafter during regular business hours. Weekend and holiday rates are billed at $150.00 an hour.
SERVICE DELIVERY: Internet Service connection speed (50.0 Mbps to 1.0 Gbps, depending on package chosen) is measured between subscriber’s location and HRN main fiber optic Internet access point. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by HRN.
DELAY: HRN will not be liable to any delay in the delivery or installation of Wireless Internet Service or for any damages suffered by subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by HRN.
CONSEQWENTIAL DAMAGES: HRN is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Services. Subscriber agrees to indemnify, defend and hold harmless HRN and its’ contractors against any and all claims and expenses (including attorney fees) resulting from the use and installation of HRN’sInternet Service.
VOICE OVER IP (VoIP): HRN does support but does not guarantee Voice Over IP Protocol. Any numberof factors can affect the quality of a VoIP telephone line. We suggest a router with QoS (quality of service prioritization) to ensure good voice quality if you use VoIP services.
TV OVER IP (IPTV): HRN does support but does not guarantee TV Over IP Protocol. Any number of factorscan affect an IPTV stream. We suggest a router with QoS (quality of service prioritization) to ensure smooth streaming of IPTV services.
WARRANTIES AND LIMITATION OF LIABILITIES: Subscriber acknowledges and agrees that the Internet Service supplied is provided on an “as is” or “as available” basis. The use of HRN technical support is at your own risk and is not warranted. HRN does not warrant or guarantee that service can be provided to your location indefinitely or without interruption. HRN makes no warranty regarding any transactions executed, using the service or the Internet. All limitations and disclaimers stated in this Agreement also apply to HRN contractors.
ADDITIONAL TERMS: If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Moffat County, Colorado shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Colorado.
COMMITMENT OF SERVICE: HRN continually strives to be the premier
Wireless Internet Service Provider in North West Colorado. As part of this commitment,
our Network Operations Center (NOC) Engineers proactively monitor performance on our
network backbone to ensure HRN has adequate backbone bandwidth to accommodate high-speed
servicefor our entire subscriber base. HRN takes great pride in our state of the art
high speed network and will do everything possible to proactively monitor, evaluate and
control the factors within our direct control. In addition, we continually evaluate new
technologies to ensure we continue to deliver rock solid Internet Service to our
subscribers for decades to come.
By using any service provided by High Rapid Networks you are agreeing to adhere by the terms set forth in this agreement. Any subscriber who does not agree to adhere to the terms set forth in this agreement shall immediately cease use of any service provided by High Rapid Networks and notify High Rapid Networks for termination of service.