Commercial Customer Agreement
Installation: SUBSCRIBER(s) warrant that they are at least 18 years of age and own the premises or have received permission from the owner of the premises to make any changes to the premises needed to install the equipment, power the equipment and receive the Services. Additionally, it is a SUBSCRIBER obligation to confirm that the placement of the transceiver on the premises is not in violation of any building owner or zoning restrictions. SUBSCRIBER agrees to allow Konceptio Data Services, LLC or its contractor’s access to the premises to perform installation, repair, or maintenance activities in support of the Services. SUBSCRIBER will NOT use Konceptio Data Services, LLC services to: 1.) OPERATE any Internet Service Provider enterprise, 2.) COMPETE in any way with Konceptio Data Services, LLC or 3.) RESELL in any way without Konceptio Data Services, LLC’s prior written approval.
SUBSCRIBER hereby authorizes Konceptio Data Services, LLC and/or its authorized contractors to install the equipment necessary to provide Konceptio Data Services, LLC wireless Services. SUBSCRIBER will be the sole interface between the building owner/manager and Konceptio Data Services, LLC. Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, may require additional charges and will be approved by the building owner/manager in writing prior to the installation of Konceptio Data Services, LLC services. Konceptio Data Services, LLC will not be liable for any alterations damage to the premises that result from installation or removal of the equipment or subsequent Acts of God including, but not limited to; holes in walls, cable wiring, power cabling, antenna mounting brackets, wind or lightning. The SUBSCRIBER will additionally provide Konceptio Data Services, LLC with code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical service.
Konceptio Data Services, LLC may revise, modify or discontinue any or all aspects of the Services including, but not limited to service, installation and activation prices, any applicable tariffs, and any terms of this Agreement. Notice to you of any revisions or modifications will consist of updating the Service Terms and Conditions on the Konceptio Data Services, LLC Web site (www.kdsmt.com) or sending an e-mail to your primary account. Konceptio Data Services, LLC assumes no responsibility or liability for interruption of the Services.
Payment Terms: Konceptio Data Services, LLC will provide Services to SUBSCRIBER subject to this Agreement, and SUBSCRIBER agrees to pay for the Services when due by valid credit or debit card, personal check, or cash.
SUBSCRIBER authorizes Konceptio Data Services, LLC to perform a credit check prior to providing any equipment or Services. If Subscriber’s payment is not received by the end of the workday on the tenth of the month will be considered past due. A $15.00 late fee will be charged. If the tenth falls on a Saturday or Sunday, the payment will be considered late if not received before the end of the workday on Monday. If an account becomes two months past due services provided by Konceptio Data Service will be interrupted until the account is paid in full. To reactivate services a reconnection fee of $50.00 will be required. If payment is not made in full, Konceptio Data Services, LLC has the right to repossess the subscriber unit to offset monies owed without liability for damage or trespass.
Terms and Termination Fees: This Agreement will have an initial term as designated on the Service Order. At the end of the term, this Agreement will automatically renew for successive one-month periods unless you advise Konceptio Data Services, LLC in writing that you wish to terminate the Services.
Standard Limited Warranty, Service, Repairs and Interference: Konceptio Data Services, LLC will provide a limited parts and labor warranty for the equipment and the installation thereof during the initial term, or for 30 days from the date of installation whichever is longer. This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined by Konceptio Data Services, LLC. This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
Should Konceptio Data Services, LLC damage the premises during the Services installation or maintenance, Konceptio Data Services, LLC will compensate the owner of the premises for reasonable, actual and documented costs of necessary repairs, not to exceed $1,000.
If at any time any electrical output, electromagnetic output, radio frequency or other interference (collectively, “Interference”) resulting from apparatuses on the SUBSCRIBERs property, in the sole opinion of Konceptio Data Services, LLC, adversely affects the operation of its Services, upon notification of Konceptio Data Services, LLC, the SUBSCRIBER will immediately suspend operation of apparatus until the interference has been corrected to the satisfaction of Konceptio Data Services, LLC.
Internet Access: SUBSCRIBER agrees to comply with any bandwidth usage or other limitations on the Services provided by Konceptio Data Services, LLC in its sole discretion. If Konceptio Data Services, LLC determines that you are exceeding bandwidth limits, you will be notified by mail and given five days to bring your usage within appropriate limits. If excessive use continues after the five-day period, Konceptio Data Services, LLC may take any action it deems necessary, including but not limited to, terminating the Services to ensure that your usage does not adversely affect Konceptio Data Services, LLC’s ability to provide Services to other customers. Konceptio Data Services, LLC will notify SUBSCRIBERs if this occurs by mail or e-mail.
As a SUBSCRIBER of the Konceptio Data Services, LLC Internet Service, you may be assigned an IP address. This address is controlled by Konceptio Data Services, LLC and may be provided to you during the time that you use the Konceptio Data Services, LLC Internet Service. Any IP addresses assigned to you are controlled by Konceptio Data Services, LLC and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the Konceptio Data Services, LLC Internet Service. Konceptio Data Services, LLC may change this address at any time without liability and without prior notice to you. Konceptio Data Services, LLC will use reasonable efforts to avoid any disruption to you by notifying you at least 7 days via e-mail before changing your address. All outgoing and incoming ports are not blocked. The exceptions are ports 80 and 443 which are blocked for incoming traffic. These ports will remain blocked for the protection of all involved parties.
Konceptio Data Services, LLC and its partners and affiliates gather information about Internet usage such as the sites visited, session lengths, bit rates and the number of messages and bytes passed. Konceptio Data Services, LLC uses this information in the aggregate to manage its network. Please refer to www.kdsmt.com to review our Privacy Statement.
Occasionally, personally identifiable information obtained from you and from other sources for billing purposes, may be used to provide Services, to anticipate and resolve problems with your Service or to identify, create and inform you of products and Services that better meet your needs. Konceptio Data Services, LLC will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena; you consent to the use or disclosure, or to protect Konceptio Data Services, LLC’s broadband Services and facilities.
SUBSCRIBER hereby agrees to abide by Konceptio Data Services, LLC’s Acceptable Use Policy. The policy is located at www.kdsmt.com and is hereby incorporated by reference. SUBSCRIBER accesses materials on the Internet at their own risk. Konceptio Data Services, LLC may deny SUBSCRIBER access to all or part of the Services without notice if this Agreement is breached, including but not limited to, Konceptio Data Services, LLC’s acceptable use policy.
Service Level Agreement: The Konceptio Data Services, LLC “carrier-class” network provides, and will continue to offer the latest technical advances and highest speeds in fixed wireless services to its subscribers and will make all commercially reasonable efforts to maintain its services.
Konceptio Data Services, LLC’s goal is to provide each SUBSCRIBER access to its network 99.5% of the time. This does not include scheduled maintenance, maintenance window outages or testing time. Access and throughput to the Internet will vary, but not be a result of Konceptio Data Services, LLC network access services.
Limitations of Liability and Indemnification: Neither Konceptio Data Services, LLC nor its subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer in support of Konceptio Data Services, LLC Services. SUBSCRIBER agrees that it is their responsibility to completely backup your computer prior to installation. SUBSCRIBER further agrees that Konceptio Data Services, LLC and/or its contractors or affiliates are not responsible for any problems with your computer following the installation of or any subsequent service performed on your computer in support of Konceptio Data Services, LLC Services.
Your exclusive remedy for any and all losses resulting from this installation of equipment and your use of the Services, including Konceptio Data Services, LLC or its subcontractors’ negligence, will be limited to fees paid to Konceptio Data Services, LLC up to the time the damage is discovered.
These Services are provided on an “as is” and “as available” basis without warranties of any kind either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither Konceptio Data Services, LLC nor its affiliates warrant that these Services will be uninterrupted or error free or that any information, software or the material accessible on the Services are free of viruses or other harmful components.
Konceptio Data Services, LLC, its affiliates and its subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature including personal injuries, property damage or loss of business that result in any way from your use or inability to use the Services or to access the internet or any part thereof, or you reliance on or use of offers, claims, representations, promotions and transactions, information, service or merchandise provided on or through this Internet or the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
SUBSCRIBER agrees to indemnify, defend and hold Konceptio Data Services, LLC, it affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the equipment and/or the Services provided by SUBSCRIBER or an authorized SUBSCRIBER of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
These limitations on liability and indemnification provisions inure to the benefit of and apply to: Konceptio Data Services, LLC, subsidiary and affiliated companies, any successor to Konceptio Data Services, LLC’s business by way of merger, purchase of assets, or operation of law, and any subcontractors performing work on behalf of Konceptio Data Services, LLC.
Execution of Agreement:
This Agreement will become effective by the signing of the final service order.