Provider, under the terms of this agreement, will furnish to Client the selected package of Wireless Internet Access Service agreed upon at the time of installation.

TERMS OF AGREEMENT 

This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. The client has the right to cancel the service(s) at any time. AxxessAirmax owns all equipment, antennas, cables, and select software and upon any termination, all equipment must be returned to AxxessAirmax. Any unreturned equipment will be billed to the Client in the amount of $100.00 for equipment fees.

CHANGES TO SERVICE

The client may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. A change fee may be required to implement the change. A move of service will incur a minimum fee of $100.00. Early termination charges Fee None.

PAYMENT SCHEDULE

The client will have the options to be billed Monthly, for the Wireless Internet Access Service speed selected at the time of the Installation. Provider reserves the right to request payment of $50 for any and all equipment associated with the initial installation for wireless Internet access in advance.  Wireless Internet Access Service charges are due upon the day service to commence. Failure to pay the following month by the day of the month when service first commences shall give Provider the right, without liability, to temporarily disconnect Wireless Internet Access Service.

CLIENT PROVIDED EQUIPMENT

Any equipment not purchased from Provider is Client provided equipment. The provider is not responsible for support of Client provided equipment and Client will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.

CLIENT INSTALLATION

The installation date and time will be determined by the Provider and communicated to the Client as early as possible. Prior to or during installation, Client and Provider will determine if the Client’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, the Client will be required to purchase or provide the appropriate hardware for the service to work.  In the event a Client installs a network utilizing the provided Wireless Internet Access Service Router, it is with the clear understanding that Provider is not responsible for any problems that may occur. The provider will not dispatch a technician to the Client’s location to resolve any computer and/or network-related problems without an associated fee. The provider will not perform work on any of the Client’s computers without an associated fee.

CONSEQUENTIAL DAMAGES

The provider is not responsible for any incidental or consequential damages resulting from the failure of, or suspension of, Wireless Internet Access services.

SERVICE CALLS

All Service Calls to Client’s will be charged a fee of $50.00 per call the stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be Charge At a Rate of $100.00 per call. Manufacturer warrants the provided Wireless Internet Access Service hardware for a period of one (1) year. During the one (1) year manufacturer’s warranty period Provider will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service Router will be charged to the Client.

SERVICE DELIVERY

Wireless Internet Access connection speed is measured between the Client’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. 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 that cannot be controlled by Provider.

DELAY

The provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Client by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.

EXCESSIVE USE POLICY

As with all Internet service providers, AxxessAirmax does have an Excessive Use Policy. The vast majority of AxxessAirmax Clients use their connection in a manner that does not infringe on other Clients. An extremely small percentage of Clients use their connection excessively, or at such extremely high volumes, that they use more than their share of the overall connection. While this high volume use among our Clients is very rare (less than 1%), AxxessAirmax reserves the right to throttle the network speed of any offending Client down to a lower sustained rate. AxxessAirmax would like to stress that this is an extremely rare occurrence and that it only affects those Clients who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. AxxessAirmax expects that almost all its Clients will remain unaffected by this as they maintain their normal Internet usage.

COMMITMENT OF SERVICE

Our Network Operations Center (NOC) Engineers proactively monitor performance on our network backbone to ensure AxxessAirmax has adequate backbone bandwidth to accommodate high-speed service for our entire Client base. Finally, AxxessAirmax takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our Clients reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that AxxessAirmax 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 evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our clients.