NOVA Wireless - Fixed LTE Broadband Internet - Subscriber Agreement

Fixed LTE Broadband Internet - Subscriber Agreement
Last Updated: April 13, 2022

INTRODUCTION

SERVICE AVAILABILITY

NOVA WIRELESS SUPPLIED EQUIPMENT

CUSTOMER SUPPLIED EQUIPMENT

30-DAY SATISFACTION GUARANTEE

WARRANTIES

LIABILITY

TERM, BILLING, PAYMENTS AND TERMINATION

MISCELLANEOUS

UPDATES

SUBSCRIBER AGREEMENT

INTRODUCTION: This Fixed LTE Broadband Internet 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") Fixed LTE broadband Internet Service (the "Service"). By having NOVA Wireless install equipment at your home or business in order to subscribe to our Fixed LTE Broadband 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 Fixed LTE Broadband Internet Acceptable Use Policy.

SERVICE AVAILABILITY: The Service requires a fixed LTE modem/antenna (the Customer Premise Equipment "CPE"), which needs to be installed outdoors. Sufficient signal from a tower is 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.

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 routers are permitted to be connected to the Service. Only NOVA Wireless will change the firmware and settings in the CPE and router as NOVA Wireless determines to be necessary and appropriate. A Basic Installation may include: the CPE, basic mounting bracket, up to 75 feet of outdoor-grade Ethernet cable, a Power Over Ethernet (PoE) power supply, a Netgear Nighthawk wireless router with remote management enabled (required) and up to 3 hours of free labor. Home and office networking may require additional equipment and labor (sold separately).

CUSTOMER SUPPLIED EQUIPMENT: It is Your responsibility to ensure that Your attached laptops, tablets, smartphones, etc. ("Devices") are working properly to use the Service. From time to time, your Devices required to access and use the Service may change. Accordingly, Your Devices may cease to be adequate to access the Service. In such event, Your sole remedy will be to upgrade your Devices or terminate the Service.

30-DAY SATISFACTION GUARANTEE: If for any reason you decide that you are not happy with our fixed LTE broadband Internet Service within thirty (30) days of the installation completion date we will remove the installed equipment and refund all but $200 of the installation cost. The satisfaction guarantee only applies to basic installations and does not include the monthly Internet Service fees.

WARRANTIES: 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" surge protector by all customers.

LIABILITY: Actual Internet speeds and ping times can and will vary depending on various factors including but not limited to: nearby trees and terrain, the customer's distance from the tower site, the capacity of the tower site, the number of other users connected to the same tower site, Internet congestion, equipment problems, home/office networking shared by multiple users and/or simultaneous usage. Typical speeds are not guaranteed and individual results will vary. NOVA Wireless reserves the right to limit bandwidth utilization pursuant to its Fixed LTE Broadband Acceptable Use Policy. Our upstream Internet provider also reserves the right to limit bandwidth utilization on their network. 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 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. 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 customer Devices and user data. NOVA Wireless is expressly not responsible for or liable for any damages to the CPE, Customer's equipment or any other damages caused by electrical outages and overloads, severe weather, lightning, or other acts of God. 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.

TERM, BILLING, PAYMENTS AND TERMINATION: As of October 12, 2021 all new Fixed LTE Broadband Internet Customers are required to sign a 12 month commitment period with NOVA Wireless. If Service is suspended or cancelled within 12 months of the start date (aside from the 30-day satisfaction guarantee), you will owe NOVA Wireless $300 for the installation labor that was free upon the basic installation. 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 in advance for Service on a pro-rated quarterly basis. Termination of Service must be submitted in writing (such as E-mail) by the account holder no later than the 10th of any month for the next month's Service. Any terminations received after the 10th of any month will result in the Customer being responsible for the following months Service payment. All customers are required to provide NOVA Wireless a valid VISA or MasterCard to keep on file for payment of all invoices. Quarterly funds need to be available by the 15th of the month prior to the start of a new quarter (for example: March 15, June 15, September 15, December 15). If the Customer's card is declined, they will be notified by E-mail. The Customer will have until the 19th of the month to provide a valid card (for excample: March 19, June 19, September 19, December 19). If a valid card has not been provided by 6:00 PM on the 19th of the month, the Customer's Service will be terminated starting day 1 of the new quarter. After the 19th of the month, the only way to re-establish Service would be for NOVA Wireless to perform a service call at the Customer's location. A $125 fee would apply. 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. 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 Fixed LTE Broadband Internet Service, you agree to this Subscriber Agreement.

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