Service agreement

This Wireless Network Subscriber Agreement (“Agreement”) is made and entered into by and between Outer Limit WiFi, A California Corporation, and Customer and shall become effective upon successful installation by Outer Limit WiFi at Customer’s service address. This Agreement incorporates by reference the Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer while completing our on-line signup form and set forth herein, and any Bandwidth Plan subsequently put into effect by Outer Limit WiFi and selected by Customer.

Definitions
“Customer”, for purposes of this Agreement, shall be defined as a single individual, corporation, partnership, or other entity, or any subsidiary or branch office, which operates or resides at a single physical location (street address) and makes use of a device or devices at that single location in order to use the services provided by Outer Limit WiFi under this Agreement.

“Date of Activation” for purposes of this Agreement, shall be defined as the date the service is turned on and active.

Duties of Outer Limit WiFi
Outer Limit WiFi will provide the services provided herein (the “Service”) to Customer upon the terms and conditions at the rates and charges specified herein or then in effect.

Availability of the Service
The Service provided by Outer Limit WiFi is “Fixed Wireless Internet Access” operating in the Unregulated Frequencies. The Service shall be available to Customer when within the effective working range of Outer Limit WiFi’s wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of Outer Limit WiFi necessary for the proper or improved operation of the Service. As part of the service Outer Limit WiFi will provide access to the Internet to each device, which is directly connected to Outer Limit WiFi’s network. 

Outer Limit WiFi is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is Outer Limit WiFi responsible to provide any networking services to the Customer other than Internet Access as previously stated. All networking services required by Customer to devices including router, switch, wireless access point, or other networking (multiple computer) setups are NOT the responsibility of Outer Limit WiFi. 

Hardware, Installation and/or consultation, maintenance, or repair services are offered at an additional cost for Local Area Network configuration.

Customer hereby acknowledges that it understands that the bandwidth and connection speed represent the maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues. 

Customer understands that Outer Limit WiFi provides no guarantee that the bandwidth and connection speed will be achieved during normal operation.

Outer Limit WiFi will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. Outer Limit WiFi makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. Outer Limit WiFi controls access to the Outer Limit WiFi network. Outer Limit WiFi will perform due diligence to provide security for Customers, however, 

Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer. 

At the time of Installation of Service, Outer Limit WiFi or its designee shall perform a signal test at the Customer location. If, in the professional opinion of Outer Limit WiFi, or its designee, adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties as provided herein. If, however, in the professional opinion of Outer Limit WiFi, or its designee, adequate radio signal is not available, the Customer shall have the option to terminate this Agreement or enter into a new Subscriber Agreement. In the event the original Agreement is terminated, by the Customer, and the Customer does not enter into a subsequent or revised Subscriber Agreement, Outer Limit WiFi shall credit Customer’s account for all amounts collected by Outer Limit WiFi, or its designee. In the event the original Subscriber Agreement with a particular customer is voided, and a new Subscriber Agreement is obtained by Outer Limit WiFi, or its designee, the amount collected pursuant to the original Subscriber Agreement shall be credited to the Customer’s account and Outer Limit WiFi shall collect the balance due from the Customer, if any, prior to the activation of service.
If the amount due prior to activation pursuant to the revised Subscriber Agreement is less than the amount collected pursuant to the original Subscriber Agreement Outer Limit WiFi shall credit the Customer’s account the difference.

Billing and Disputes
Customer agrees to pay Outer Limit WiFi a one-time installation, setup, and/or hardware fee. Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future. Service charges will be billed from the Date of Activation and on the 1^st of every month thereafter. If the Date of Activation takes place on a date after the 1^st of any month, the customer will be credited on a prorated basis for the days that the service was not activated during that month. Monthly fees will be charged until termination of the Month-to-Month Agreement. Customer must pay monthly service fees by a Visa, MasterCard, Discover or American Express or Debit card. Any inquiries, objections and complaints regarding invoices or other matters should be directed to Outer Limit WiFi in writing (email is acceptable). If Outer Limit WiFi does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.

When a customer’s service is activated, the billing will begin on that day. Customer receives an email confirmation of charges that will appear on the credit card statement for the month.

Outer Limit WiFi retains the right to credit/refund customers for service outages based on legitimate network outages or issues based on Outer Limit WiFi defined criteria. Credits/refund amounts are based on per day pricing specific to each plan. Customer is responsible for reporting outages at their location in a timely manner as to allow Outer Limit WiFi the opportunity to correct any “Outer Limit WiFi caused” outage. Outer Limit WiFi will not credit/refund for customer outages that are caused by customer owned hardware, customer performed actions, customer system or configuration changes, or new software at location.

Please contact us at: (855) 729-9434 or support@outerlimitwifi.com

Automatic billing notifications will be sent as credit cards are charged to the customers primary Outer Limit WiFi email address.

If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 15 days, Outer Limit WiFi will terminate the connection no later than the 15th of the month. Customer can re-establish connection by paying a $25 re-connection fee. Outer Limit WiFi reserves the right to modify or delete any rate plan at its sole discretion with at least 30-day notification to customer.

Limitation of Outer Limit WiFi Liability
Customer expressly agrees that the use of the Outer Limit WiFi High-Speed Internet connection is at the customer’s sole risk. This connection and the Internet are provided “AS IS” and “AS AVAILABLE” for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Outer Limit WiFi provides the Outer Limit WiFi Internet service on a commercially available and reasonable basis and does not guarantee customers will be able to access the service at a time or location of their choosing.

A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in Service caused by the negligence or willful act of Customer or others.

Force Majeure
Outer Limit WiFi shall in no event be liable and shall be held harmless for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, power outages, governmental authorities or other causes beyond Outer Limit WiFi’s control.

THE LIABILITY OF Outer Limit WiFi IN CONNECTION WITH THE SERVICE PROVIDED BY Outer Limit WiFi IS SUBJECT TO THE FOREGOING LIMITATIONS AND Outer Limit WiFi MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.

Outer Limit WiFi shall not be responsible or liable for any of the following:

• Any obstruction(s) that might be erected or grow between the antenna at Clients’ location and the POP (Point of Preference, i.e., Cell Tower) which causes degradation or loss of service.
• Debris or ice on the antenna located at Client’s location.
• Aiming or re-aiming the antenna located at Client’s location after its installation. Any additional adjustments will be made at Outer Limit’s discretion. If customer desires a relocation of the antenna there will be an additional charge.
• Repair or restoration of any structure or surface altered or penetrated by Outer Limit WiFi during the installation or removal of antenna, mast, tripod, wiring or any other Outer Limits WiFi equipment located at Client’s location. (See Limited Liability clause below)

Client understands that Outer Limit WiFi Internet connectivity may require direct radio line of site, and that any obstruction between the POP (point of preference, i.e., cell tower) and the antenna located at Client’s location may block the signal and cause the failure of the Connection. In the event that foliage disrupts service, Outer Limit WiFi will attempt to reconfigure the equipment to restore service. Client may incur charges for any extra hardware and service labor at that time. If service cannot be restored within fifteen (15) days of Client’s notice to OUTER LIMIT WIFI of a service interruption, either party may terminate this Agreement. Upon any termination of the Agreement pursuant to the preceding sentence, Client shall receive a refund of a prorated portion of the service fee for any period in excess of forty-eight (48) hours that Client has paid for service, but the Connection was not operational.

Client acknowledges that all fees are non-refundable after the Connection becomes operational (the “Date of Activation”).

Liability Limitation Clause for WIFI Installation
By entering into this agreement for WIFI installation services, the customer acknowledges and agrees to the following liability limitation clause:

The customer assumes full responsibility for obtaining any necessary permissions, permits, or approvals required for the installation process, including any modifications to the structure. The installer shall not be held responsible for any legal consequences arising from the customer’s failure to comply with such requirements.

The customer agrees to indemnify and hold the WiFi installer and/or Outer Limit WiFi and any associated personnel harmless from any claims, damages, losses, or expenses incurred as a result of any damage caused to the structure(s) during the WIFI installation process, including drilling, screwing, bolting, or other modifications needed to install the customer’s WIFI system. This includes the customer’s structure(s), indoors or outdoors, including but not limited to homes or buildings.

The installer will exercise reasonable care and skill during the installation process. However, the customer acknowledges that certain risks and uncertainties are inherent in drilling, screwing, bolting, or other methods commonly used in WIFI installations. The installer shall not be liable for any unforeseen complications, damages, or delays arising from such activities.

The liability limitation clause extends to the installer’s employees, agents, subcontractors, and any third parties acting on their behalf.

This liability limitation clause shall survive the completion of the WIFI installation services and remain in effect thereafter.

Warranty
In the event that Outer Limit WiFi installs the equipment at Customer’s location, it shall warranty the equipment for Twelve (12) Months from date of installation and shall provide a Thirty (30) Day warranty on its workmanship. Outer Limit WIFI will repair or replace equipment and/or fix an installation workmanship problem free of charge while under warranty. Where computer equipment is involved, the customer is responsible for maintaining proper data back-up procedures prior to equipment installation or subsequent service maintenance to assure no loss of data. Under no circumstances will Outer Limit WiFi or its designee be responsible for data loss or hardware damage that occurs during installation or subsequent service maintenance.

Appropriate Use of Service
The Service is designed and priced for residential customers and is not offered as a business solution, network server, or P2P peer-to-peer network server solutions. The Service is for use by Customer for any lawful purpose. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact or transmit information in any form to another person as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of Outer Limit WiFi’s users.

Billing Plan Charges
Customers shall be charged for the services provided by Outer Limit WiFi in accordance with the effective Bandwidth Plan. Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence is prohibited. Outer Limit WiFi reserves the right to monitor bandwidth of each account to ensure single party usage of the connection.

Disconnection and Termination of Service by Outer Limit WiFi for Cause
Upon non-payment of any sum when due Outer Limit WiFi or upon a violation of any of the conditions governing the furnishing of Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between Customer and Outer Limit WiFi. Outer Limit WiFi may upon notice to Customer in writing (email) or by telephone without incurring any liability to Customer, either temporarily discontinue or permanently terminate the furnishing of Service to Customer at Outer Limit WIFI’s sole discretion, either in whole or in part.

Service may be refused, discontinued, or terminated without notice in the event the Service is used in such a manner that will adversely affect Outer Limit WiFi’s service to any of its other users or if it is determined by Outer Limit WiFi that Customer’s Equipment adversely affects Outer Limit WiFi’s service to any of its other users. This includes excessive P2P (peer to peer) network usage, servers, or heavy use for the purpose of running a business. Outer Limit WiFi offers business solutions and pricing options for such customers.

Customer will pay attorneys’ fees, collection fees, and similar expenses incurred by Outer Limit WiFi in the enforcement of any right or privilege hereunder. All other provisions herein notwithstanding, Outer Limit WiFi reserves the right to interrupt and or disconnect service of Customer at any time for any reason.

Equipment and Maintenance
Outer Limit WiFi supplies and sells the equipment necessary (based on a specific or special offering) to access Outer Limit WiFi’s network for a one-time setup and install fee.

Outer Limit WiFi maintains only Outer Limit WiFi supplied hardware for the warranty period of 12 months (See Warranty Section Above). Once the signal is confirmed at Outer Limit WiFi hardware, Customer is solely responsible for the home network or connected computer or network hardware. Outer Limit WiFi may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, fixes or enhancements will be provided at an additional cost to customer.

Any costs incurred in retrieving any equipment, as a result of Customer’s failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney’s fees and costs, shall be paid by Customer.

Outer Limit WiFi shall be responsible for maintenance of all equipment provided by Outer Limit WiFi so long as the equipment is still under warranty and the maintenance is not required as a result of Customer’s misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to Outer Limit WiFi for any damages thereto. Once the warranty expires on purchased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.

Customer will provide reasonable access to Outer Limit WiFi hardware. Outer Limit WiFi will notify customer of required maintenance and will schedule service appointment.

Term of Agreement
Outer Limit WiFi Month-to-Month plan. This Agreement shall become effective on the date that Outer Limit WiFi activates service at Customer’s location.

Service Cancellation Notice
Any requests for cancellation of the Service or other communications with Outer Limit WiFi must be submitted in writing (email accepted), prior to the next billing date (the 1st of the month). Outer Limit WiFi will provide an online method of account cancellation. This statement must include Customer Name, Address, and Customer’s signature (or digital signature).

Please contact us 855-729-9434 or support@outerlimitwifi.com

Customer shall remain responsible for all outstanding charges and fees for service rendered following the termination, cancellation, or expiration of the initial term or any renewal thereof.

If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 15 days, Outer Limit WiFi will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.

Assignment
This Agreement shall not be assigned in whole or in part by Customer and any attempt to do so shall be deemed a breach of this Agreement by Customer and Outer Limit WiFi shall have the right of disconnection and termination as allowed herein. Outer Limit WiFi may, however, assign all of its rights, duties, and obligations hereunder to any third party.

Waiver
Any failure on the part of either party hereto to exercise, not to exercise, or to delay in exercising, any right, power, or remedy hereunder shall not operate as a waiver thereof.

Privacy
Outer Limit WiFi shall provide equipment and service in accordance with IEEE Standard 802.11. Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless Outer Limit WiFi and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to Outer Limit WiFi’s Network.

Governing Law
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Entire Agreement
This Agreement, the Schedule of Rates and Charges executed by the parties hereto supersedes all prior discussions and Agreements between the parties with respect to the subject matter hereof and contains the sole and entire Agreement between the parties with respect to the matters covered hereby.
This Agreement can be changed at any time by Outer Limit WiFi. to view the up-to-date Agreement, visit our Terms of Service page.

By signing this agreement for WIFI installation services, the customer acknowledges that they have carefully read, fully understood, and agreed to all the terms and conditions outlined herein.