1. Services

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Beacon Wireless Inc. (“Beacon”) agrees to provide the Customer with Broadband Services, specified in the “Beacon Wireless Service Packages” document (“Service Packages”) accompanying this Agreement.

 

2. Term

 

This Agreement comes into effect when signed by both Customer and Beacon, and will remain in effect for the Minimum Term of 1 (one) year unless terminated earlier. The Minimum Term for a Service begins on the date the Service is provide, as determined by Beacon’s records.

 

This Agreement comes into effect when signed by both Customer and Beacon, and will remain in effect for the Minimum Term of 1 (one) year unless terminated earlier. The Minimum Term for a Service begins on the date the Service is provide, as determined by Beacon’s records.

 

3. Charges and Payment

 

Beacon will bill the Customer for, and the Customer shall pay, all charges specified in the Service Packages or elsewhere in this Agreement and all assessments, levies, fees, government charges or applicable taxes relating to the Service. Recurring charges will be billed monthly upon installation of any Service. Payment in full, without deductions or set off, of the amounts in each bill is due on the due date shown on the bill or, if no due date is shown on the bill, within 30 days of the date of the bill. The Customer shall pay interest on all overdue amounts at the rate shown on the bill or, if no interest rate is shown on the bill, at the simple interest rate of 2% per month (24% per year).

 

4. Beacon’s Property Rights

 

Title to, ownership of, and all intellectual property rights in, any facilities, equipment, software, systems, proc- esses and documentation used to provide the Services (“Service Components”) shall be and remain with Bea- con, or its suppliers and licensors. Unless expressly state elsewhere in this Agreement, this Agreement does not grant to the Customer any intellectual property or other rights or licenses in or to any Service Components.

 

5. Customers Responsibilities

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The Customer shall comply with any restrictions on use of the Services in this Agreement, and with any use poli- cies or instructions communicated to the Customer by Beacon, and the Customer shall not:

 

a) tamper with or change the Services or any Service Components;

b) abuse the Services or use them in a manner that interferes with any Service Components, Beacon’s network, or the use of Beacon’s services by other persons, or in a manner that avoids the payment of any charges; or

c) use the Beacon Service in violation of any law;

 

The Customer is responsible and shall indemnify Beacon for, and save Beacon harmless for and against, all charges, losses, costs, liabilities and damages (“Liabilities”) of any kind whatsoever related to the use of the Broadband Services by the Customer or any person other than Beacon, including the manner in which the Broadband Services are used and the Customer’s data, equipment and software (if any) used with the Broad- band Services, but not including any Liabilities caused by Beacon.

 

The Customer is responsible for the selection, supply, installation and maintenance of all data, equipment, soft- ware and services necessary for use or used in conjunction with the Broadband Services.

 

The Customer is responsible for any environmental changes that may impact the performance or operations of the Customers Service Components. Example of such environmental changes would include foliage growth, natural and human caused disasters, electrical surges, etc., that my interfere with and/or damage the Customers Service Components.

 

6. Changes and Restrictions

 

The Customer may only move, make additions to or deletions from, or change the Services if provided for, and upon payment of any changes specified, in the Service Packages. For Service Packages that support service suspension, no service suspension shall extend beyond 6 (six) months, of the Minimum Term for the Service contract shall extend for the equivalent period of time. Where Service Packages are offered to non-island resi- dents only, Beacon may determine, in its sole discretion, if a Customer qualifies as a non-island resident.

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7. Suspension and Termination

 

Beacon may restrict, suspend or terminate some or all of the Broadband Services or terminate this Agreement as it applies to the Broadband Services if the Customer fails to pay any amounts due under this Agreement for the Broadband Services, or if Beacon determines, in its sole discretion, that the Customer is an unacceptable credit risk, provided that Beacon gives 5 days advance notice to the Customer, and, despite any other provision in this Agreement, Beacon may immediately restrict, suspend or terminate some or all of the Broadband Service with- out notice to the Customer:

 

a) to prevent damage or degradation to Beacon’s network or any Service Components that may be caused by the Customer or any person using the Broadband Services;

b) to comply with any law, regulation, court order or other governmental request or order;

c) for a violation (as deemed by Beacon in its sole discretion) or any provisions of this Agreement relating to the use or misuse of the Broadband Services by the Customer, including any policies or instructions communicated to the Customer by Beacon; or

d) to protect Beacon from legal liability or from other acts or omissions of the Customer that may be deemed, in Beacon’s sole discretion, to be illegal.

 

In addition to Beacon’s rights above, either Beacon or the Customer may terminate this Agreement as it applies to the Broadband Services and the Broadband Services by giving notice to the other if the other:

 

e) is in material default of any provision of this Agreement as it applies to the Beacon Services, and does not remedy that default within 30 days after receiving notice of the material default;

f) becomes insolvent or bankrupt;

g) appoints, or has appointed for it, a receiver or trustee in bankruptcy;

h) makes an assignment or takes any other action for the benefit of its creditors;

i) has instituted against it any proceeding in bankruptcy, receivership or liquidation ,and such proceedings continue for 30 days without being dismissed; or

j) is wound up or dissolved.

 

The Customer may terminate some or all of the Broadband Services or this Agreement as it applies to the Broadband Services at any time by giving at least 30 days advanced notice to Beacon, and provided that it pays the required termination charges.

 

8. Exclusion of Warranties

 

Beacon does not guarantee error-free or uninterrupted operation of the Broadband Services, and the Broadband Services are provided on an “as is” and “as available” basis. Beacon makes no warranties, representations or conditions of any nature whatsoever, either express or implied, and all warranties, representations and conditions are, to the extent permitted by applicable law, excluded.

 

9. Limitation of Liability

 

Except for the obligations of indemnity in this Agreement with respect to the Broadband Services, neither party (nor its suppliers or customers) shall be liable to the other party for any damages for loss of profits or business, loss or damage to data or failure to realize expected savings, or for any punitive, consequential, incidental or indirect damages, related to the use of or inability to use the Broadband Services, even if the party could reasonably foresee or has been advised of the possibility of such damages.

 

The aggregate liability of Beacon and its Affiliates to the Customer relating to or arising out of this Agreement as it applies to the Broadband Services, whether in contract, tort or otherwise, shall not exceed the total charges paid by the Customer for the Broadband Services in question during the one-year period immediately preceding the event which gave rise to the claims.

 

10. Customer Information

 

All information which Beacon has about the Customer is confidential. Beacon may only disclose confidential Customer information if: (a) the Customer provides express consent; (b) Beacon is ordered to disclose the information by a court or administrative tribunal of competent jurisdiction; or (c) Beacon is otherwise legally empowered to disclose the information. Express consent may be taken to be give by the Customer where the Customer provides: (a) written consent; (b) oral confirmation verified by an independent third party; (c) electronic confirmation through the internet; or (d) consent through other methods, as long as an objective documented record of the Customer consent is created by the Customer or by an independent third party.

 

A printable version of the terms of service can be found here: Beacon Wireless Terms of Service