NOVA Wireless - High Speed Broadband Internet - Subscriber Agreement

Subscriber Agreement
Last Updated: January 1, 2019

INTRODUCTION

SERVICE AVAILABILITY

NOVA WIRELESS SUPPLIED EQUIPMENT

CUSTOMER SUPPLIED EQUIPMENT

30-DAY SATISFACTION GUARANTEE

WARRANTIES

LIABILITY

BILLING, PAYMENTS AND TERMINATION

MISCELLANEOUS

UPDATES

SUBSCRIBER AGREEMENT

INTRODUCTION: This Subscriber Agreement (the "Agreement") defines the general scope of what is required for you ("You", "Customer", "Subscriber") to obtain and subscribe to the NOVA Wireless ("Our", "Us", "We") high speed Internet service (the "Service"). By having NOVA Wireless install equipment at your home or business in order to subscribe to our high speed Internet Service, you represent that you are of legal age to enter into this Agreement and that you have read, fully understand and agree to the terms and conditions of this Agreement and the NOVA Wireless Acceptable Use Policy.

SERVICE AVAILABILITY: The Service requires a fixed wireless radio and antenna, which needs unobstructed line-of-sight between the customer's antenna location and a NOVA Wireless access point. Sufficient signals, low interference levels and high link capacity test efficiencies are required in order for the Service to operate properly. Service is not available in all areas and is subject to final confirmation by NOVA Wireless. Actual Internet speeds may be limited by any number of factors including but not limited to: the customer's distance from a NOVA Wireless access point, interference, equipment problems, Internet congestion, home/office networking shared by multiple users and/or simultaneous usage. Due to the nature of the Service technology, NOVA Wireless reserves the right to deem the Service unavailable to You up to, including, and after the installation. NOVA Wireless assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in Your geographical area, for any reason, even where such unavailability occurs after installation of the Service.

NOVA WIRELESS SUPPLIED EQUIPMENT: NOVA Wireless will provide you with the authorized wireless equipment for use with your Service. Only NOVA Wireless supplied or authorized Customer Premise Equipment (“CPEs”) and modems/wireless routers are permitted to be connected to the Service. Only NOVA Wireless will change the firmware and settings in the CPE and modem/wireless router as NOVA Wireless determines to be necessary and appropriate. A Basic Installation includes: the wireless radio and antenna (CPE), basic mounting bracket, up to 75 feet of outdoor-grade Cat 5 network cable, a Power Over Ethernet (PoE) power supply, a NOVA Wireless managed modem/wireless router (required) and up to 3 hours of free labor. Home and office networking may require additional equipment (installed and sold separately). 6 Mbps and higher Internet accounts require a more advanced CPE and a NOVA Wireless supplied and managed modem/wireless router.

CUSTOMER SUPPLIED EQUIPMENT: It is Your responsibility to ensure that Your computer system is working properly and meets the current minimum system requirements stated by NOVA Wireless as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, Your computer equipment may cease to be adequate to access the Service. In such event, Your sole remedy will be to upgrade your computer equipment or terminate the Service. Lesser equipment may perform adequately, but NOVA Wireless cannot ensure acceptable System use.

(I) Windows System Desktop or Laptop Microsoft Windows NT 4.0/2000/XP/VISTA/Windows 7/8, Pentium Processor 400 MHz or equivalent, 32 MB of memory (RAM), 75 MB of free hard drive space, 256 colors at 800×600 resolution, Ethernet card (NIC), CD-ROM drive

(II) Macintosh System MAC OS 8.0 and Open Transport 2.6 installed, 32 MB of memory (RAM), 75 MB of free hard drive space, 256 colors at 800×600 resolution, Ethernet card (NIC), CD-ROM drive

30-DAY SATISFACTION GUARANTEE: If for any reason you decide that you are not happy with our high speed Internet Service within thirty (30) days of the installation completion date we will remove the wireless equipment and refund up to $150 of the equipment/installation cost. The satisfaction guarantee only applies to basic installations.

WARRANTIES: The equipment provided to the Customer by NOVA Wireless carries the standard manufacturers’ warranties against manufacturing defects. NOVA Wireless warranties installation labor for one (1) year after the work completion date. NOVA Wireless makes no other warranties or guarantees, expressed or implied, for the User’s equipment. It is the customer’s responsibility, and expressly not NOVA Wireless’ responsibility, to provide any User desired grounding and lightning protection devices for the customer’s equipment. NOVA Wireless strongly recommends the use of a battery backup "UPS" and Ethernet surge protector by all customers.

LIABILITY: NOVA Wireless assumes no liability associated with the use of our Service, equipment, or the installation process. This includes, but is not limited to, attached computer equipment and user data. NOVA Wireless is expressly not responsible for or liable for any damages to the Customer's equipment or any other damages caused by electrical outages and overloads, severe weather, lightning, or other acts of God. Local conditions, such as customer's distance from NOVA Wireless’ equipment, User’s computer configuration and other Internet traffic can affect the performance of User’s Internet connection. NOVA Wireless reserves the right to limit bandwidth utilization pursuant to its Acceptable Use Policy. NOVA Wireless will not be held liable for any loss or other damage that is incurred because of any failure in service or because of any defect in any equipment, whether that equipment be supplied by NOVA Wireless or by someone else, or because of any failure in the performance of that equipment. Customer agrees to waive any and all claims against NOVA Wireless and any shareholders, manager, officer or employee of NOVA Wireless for any act or omission by that person in the performance of this agreement, including but not limited to all claims based on implied warranties of merchantability and fitness for a particular purpose, and all damages, whether direct, indirect, consequential or otherwise.

BILLING, PAYMENTS AND TERMINATION: Unless a prior authorization for billing is made in advance, payment for the installation is due in full upon work completion. All Customers are billed for Service on a pro-rated quarterly basis. Upgrades, downgrades and suspension to Service must be for at least a 30 day period and must be submitted in writing (such as E-mail) by the account holder. All customers who do not own the property where the equipment will be installed and/or where the Service will be used are required to provide NOVA Wireless a valid VISA or MasterCard to keep on file for payment of all invoices. For all other customers, we can mail a paper invoice or a VISA or MasterCard can be kept on file for payment of all invoices. Customers are responsible for upholding the non-transferability and account security of their Service. Customers are responsible for providing accurate and up to date contact information including their first and last name, mailing and physical addresses, phone numbers and E-mail addresses. You agree that if the most basic level of Service of chosen, it will be used exclusively for personal, residential or home business use and not for use in a commercial or small business use. For this purpose, a commercial or small business is defined as having walk-in clients, customers and/or employees other than the sole owner that use this Service. Service is available for use in a commercial or small business but the minimum monthly fee is $79.95 per month. Service not for resale or public distribution (including any tenants or lessees regardless if they are in the same household or in another building). The customer is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account. If at any time the customer fails to make timely payments to NOVA Wireless or fails to perform any obligation under this Agreement, NOVA Wireless, in addition to all other rights and remedies, may suspend or terminate Internet access, this Agreement, any payments incurred by charging the customer’s credit card or by other means, recover from the customer the total monthly fees remaining due, and collect from the customer all costs incurred in enforcing the terms of this Agreement. The customer is not an agent of NOVA Wireless, and customer has no authority to obligate NOVA Wireless by contract or otherwise.

MISCELLANEOUS: You agree that: this Agreement and your use of this Service shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws principles, and NOVA Wireless shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the Commonwealth of Virginia in Fauquier County, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely between you and the owner/operator of this service. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or this Service shall be solely against the owner/operator that is providing this Service to you by NOVA Wireless, and not any other party. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Agreement will continue to have legal effect. You agree that any legal notices given by you to NOVA Wireless must be given by registered postal mail to: NOVA Wireless, L.L.C., 5501 Merchants View Square, # 808, Haymarket, VA 20169.

UPDATES: NOVA Wireless may update this Agreement from time to time without notice by posting a new version of this document on the NOVA Wirless web site at http://www.novawireless.net (or any successor URL(s)). All revised copies of the Agreement are effective immediately upon posting. Accordingly, subscribers and users of the NOVA Wireless high speed Internet Service should regularly visit our web site and review this Agreement to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Agreement, the terms of this Agreement will govern.

SUBSCRIBER AGREEMENT: By having NOVA Wireless install equipment at your home or business in order to subscribe to our high speed Internet Service, you agree to this Subscriber Agreement.

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