1. Affordable Internet Solutions will also be known as AIS in this document.
2. AIS Network, Access and Interconnection:
(a) Responsibilities. AIS will own and control the wireless equipment, cable and facilities installed and operated by AIS for provision of the Services to Customer (“AIS Network”). The AIS Network will remain AIS’s personal property regardless of where located or attached. AIS has the right to upgrade, replace or remove the AIS Network in whole or in part, regardless of where located, so long as the Services continue to perform. AIS has the right to limit the manner in which any portion of the AIS Network is used to protect the technical integrity of the Network. Customer may not alter, move or disconnect any parts of the AIS Network and is responsible for any damage to, or loss of, the AIS Network caused by Customer’s (or its end users’) breach of this provision, negligence or willful misconduct. AIS has no obligation to install, maintain or repair any equipment owned or provided by Customer, unless otherwise agreed to in a writing executed by the Parties. If Customer’s equipment is incompatible with the Service, Customer is responsible for any special interface equipment or facilities necessary to achieve compatibility. Customer has furthermore agreed to the “Acceptable Use Policy” document located on the AIS Website.
(b) Access. AIS may require access to Customer’s premises to install and maintain the Services and the AIS Network. Customer must provide AIS with a contact number that can be reached for service equipment upgrades. Customer also must provide reasonable access rights and/or rights of way from third parties, space, power and environmental conditioning as may be required for the installation and maintenance of the AIS Network at Customer’s premises.
3. Installation and Maintenance:
(a) Installation. AIS will notify Customer when the Service has been successfully installed and is available for Customer’s use (“Service Date”). Unless Customer notifies AIS by the close of business on the Service Date that the Service is not operational, the Service Term will commence. If Customer so notifies AIS, the Service Date will occur and the Service Term will commence when the Service is operational. The Service Date will not be delayed or postponed due to problems with Customer’s equipment or Customer’s lack of readiness to accept or use Service.
(ii) Emergency Maintenance. If AIS has to perform maintenance outside of the Scheduled Maintenance window, then AIS will provide as much prior notice to Customer as is practicable under the circumstances.
4. Charges, Billing, Taxes and Payment:
(a) Services are billed on a monthly basis commencing with the Service Date. Services are invoiced in advance, but usage charges are invoiced in arrears. Any installation or other non-recurring charges, which are non-refundable, will appear on the first monthly invoice.
(b) AIS may require a deposit prior to the provision of any new Service. AIS also may require a deposit as a condition to its obligation to continue to provide Service(s) if Customer has failed to timely pay for Service(s) on two occasions during any six month period.
(c) AIS will invoice Customer for applicable Taxes and, whenever possible, will identify such charges as a separate line item on the invoice. Customer will be liable for Taxes which were assessed by or paid to an appropriate taxing authority within the applicable statute of limitations period. If Customer fails to pay any Taxes properly billed, then as between AIS and Customer, Customer will be solely responsible for payment of the Taxes, and penalty and interest.
“Tax” or “Taxes” mean any federal, state or local excise, gross receipts, value added, sales, use or other similar tax, fee, tax-like fee or surcharge of whatever nature and however designated imposed, or sought to be imposed, on or with respect to purchases by Customer from AIS for consideration under this Agreement.
If either Party is audited by a taxing or other governmental authority, the other Party agrees to cooperate reasonably by responding to the audit inquiries in a proper, complete and timely manner. AIS will cooperate, at Customer’s expense, with reasonable requests of Customer in connection with any Tax contest or refund claim. The Customer will ensure that no lien is attached to or allowed to remain on any asset of AIS as a result of any Tax contest. Customer will indemnify and hold AIS harmless against any liabilities, damages, losses, costs or expenses arising out of such Tax proceedings, including without limitation any additional Taxes, interest, penalties and attorney’s fees.
If Customer claims an exemption for any Taxes, Customer must provide AIS with a proper tax exemption certificate as authorized by the appropriate taxing authority. Customer must pay the applicable Taxes to AIS until it provides AIS with a valid tax exemption certificate. If applicable law exempts a Service under this Agreement from a Tax, but does not also provide an exemption procedure, then AIS will not collect such Tax if Customer provides AIS with a letter signed by one of its officers: (i) claiming a right to the exemption; (ii) identifying the applicable law that allows such exemption and does not require an exemption certificate; and (iii) agreeing to indemnify and hold AIS harmless from any tax, interest, penalties, loss, cost or expense asserted against AIS as a result of its not collecting the Taxes from Customer.
(d) Payment for all undisputed amounts due under this Agreement must be received by AIS on or before the due date specified on the bill (“Due Date”). Any payment or portion thereof not received by the Due Date is subject to a late charge on the unpaid amount at the lesser of 1.5% per month or the maximum rate permitted by law.
5. Disputes: If Customer disputes any charges, it must log the dispute by completing and submitting a dispute letter. All disputes must be submitted to AIS in the manner specified above within 60 calendar days of the date of the invoice associated with the disputed charges, or the invoice shall be deemed correct and all rights to dispute such charges are waived.Withheld disputed amounts determined in favor of AIS must be paid by Customer within five (5) business days following written, electronic or telephonic notice of the resolution, and will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law from the Due Date until the date paid. Amounts that were disputed but paid by Customer will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law from the date paid through the date of resolution if the resolution is determined in Customer’s favor.
6. Governmental Regulation – Changes:
(a) This Agreement is subject to all applicable federal, state and local laws, rules and regulations, and each Party must comply with them in performing its obligations hereunder. To the extent any provision herein conflicts with any applicable law, rule or regulation, such law, rule or regulation will supersede the conflicting provision.
(b) AIS may discontinue or impose additional requirements to the provision of Service, if necessary to meet regulatory requirements or if such requirements have a material, adverse impact on the economic feasibility of AIS providing the Service.
7. Indemnification: Each Party (“Indemnitor”) shall indemnify, defend and hold harmless the other Party (“Indemnitee”) from all losses or damages arising from or related to bodily injury or physical damage to tangible property caused by the negligence or willful misconduct of Indemnitor. Customer shall indemnify, defend and hold AIS harmless from all losses or damages arising from Customer’s violation of third party intellectual property rights, all claims of any kind by Customer’s end users, or any act or omission of Customer associated with any Service.
8. Limitation of Liability: Neither Party is liable to the other for indirect, consequential, special, incidental, or punitive damages of any kind or nature whatsoever (including without limitation lost profits, lost revenues, lost savings, lost opportunity or harm to business), whether or not foreseeable, whether or not the Party had or should have had any knowledge, actual or constructive, that such damages might be incurred, and regardless of the form of action, nature of the claim asserted or the frustration of either Party’s purpose. Indirect damages include, but are not limited to, damages of the kinds specified in the preceding sentence that are incurred by a third party and are asserted against a Party (including attorneys’ fees and expenses). AIS’s liability to Customer for direct damages may not exceed one month’s calculation of the applicable MRCs regardless of the form of action, nature of the claim asserted or the frustration of either Party’s purpose. AIS has no liability for the content of information that Customer passes through AIS’s Network, Customer’s transmission errors, or any failure to establish connections outside of the AIS Network.
9. Termination by AIS:
(a) Termination With Notice. AIS may disconnect all Service(s) associated with a delinquent account upon ten (10) days of invoice for Customer’s failure to pay amounts due under this Agreement which remain uncured at the end of the notice period; or upon thirty (30) days written notice for: (i) Customer’s breach of a non-economic, material provision of this Agreement or any law, rule or regulation governing the Services which remains uncured at the end of the notice period; (ii) Customer’s insolvency, bankruptcy, assignment for benefit of creditors, appointment of trustee or receiver; and/or (iii) any governmental prohibition or required alteration of the Services. If service(s) are disconnected due to any of the above. Customer will be charged $10.00 per re-hookup of suspended service.
(b) Termination Without Notice. AIS may terminate or suspend Services without notice if: (i) necessary to protect AIS’s Network; (ii) AIS has reasonable evidence of Customer’s illegal, improper or unauthorized use of Services; or (iii) required by legal or regulatory authority.
(c) Post Termination. Any termination or disconnection shall not relieve Customer of any liability incurred prior to such termination or disconnection, or for payment of unaffected Services. AIS retains the right to pursue all available legal remedies. Customer agrees to return wireless equipment and power adapter and any pertaining equipment owned by AIS within 7 days of disconnection or pay a fee of $300.00 May be charged to my credit card for purchase of this equipment. All terms and conditions of this Agreement shall continue to apply to any Services not so terminated, regardless of the termination of this Agreement. If AIS terminates Service in accordance with this section, and Customer wants to restore such Service, Customer first must pay all past due charges, a reconnection charge and a deposit equal to 2 months’ recurring charges. All requests for disconnection will be processed by AIS in 30 days or less. Customer must pay for Services until such disconnection actually occurs.
10. AIS Internet Speeds to customer.
(a) Unless customer has Signed SLA (service level agreement) from AIS. Our advertised speeds are “best effort” to the end user.
(b) AIS Internet speeds vary by customer location. AIS will try our best
to meet a customer’s connection up to the maximum advertised speed, but actual speed
experienced by the customer may vary based on many factors, such as customers local network, customers local wireless router, general RF interference, and computer performance; network congestion. These items stated above can cause Internet access service to perform at less than maximum advertised speeds. AIS does not and will not guarantee speeds unless you are provided with Signed SLA from AIS