Nexgen Wisp LLC Services Agreement
Terms and Conditions of Service In this Agreement, "We", "Ours", or "Us" means Nexgen Wisp LLC, ("Nexgen Wisp"), and their affiliates. "You" or "Yours" refers to the applicant(s) who sign this Agreement and requests to receive internet service ("Services") from Nexgen Wisp LLC.
1. Scope of Agreement. We agree to provide, and You agree to purchase, Internet service under the terms and conditions of this Agreement. You will select the level of service You would like by signing an application for internet Service. We will not be obligated to continue providing internet service to You unless You comply with the terms and conditions, including the payment requirements, contained in this Agreement. Provision of internet to You depends upon the availability of the required equipment, and We may substitute, change, or rearrange the equipment used to provide internet service to You if We feel it is necessary for any reason.
2. Use. You may use the Services for any lawful purpose. However, you may not interfere with or impair service or the privacy of any other person's communication over Our system. WE MAY IMMEDIATELY SUSPEND, TERMINATE, OR OTHERWISE INTERRUPT YOUR SERVICE IF WE HAVE REASON TO BELIEVE THAT YOU HAVE USED THE SERVICE IN VIOLATION OF THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") OR OTHER LAWS, OR IN VIOLATION OF ANY BOARD POLICY ESTABLISHED BY THE VEA BOARD OF DIRECTORS. You may receive a copy of the DMCA and current Board Policy regarding acceptable use of the Services. The Nexgen Wisp Board of Directors may establish or alter its policies regarding acceptable use of the Services, and You agree that Your Service is subject to those policies as they may be amended from time to time. We will inform You if those policies change, and You will have the right to discontinue Service if You do not wish to comply with current policies.
3. Service Date and Term. This Agreement shall take effect when it is signed and shall continue in effect for as long as You purchase broadband service from Us. If We agree to build a new line extension to reach Your location, you may be required to pay for those facilities in a different agreement. As consideration for the subscription, Customer agrees to pay the applicable subscription fees set forth on our web site, TXT or Quote at the time of your selection, or, if applicable, upon receipt of your invoice from Nexgen Wisp. All fees are due immediately and are non-refundable, except as otherwise expressly noted below, Termination and Expiration. Unless otherwise specified on our web site, each Nexgen Wisp service plan is for a one-month initial term. After the initial term, unless Customer renews the one-month subscription, residential service will be supplied on a month to month automatically renewing basis. Business services will renew for a like term unless service is terminated by written notice to Nexgen Wisp prior to 30 days before the end of the current term. Any renewal of your services is subject to the then current terms and conditions. customer acknowledges that at the time of renewal the subscription fee may be higher or lower than the price paid for the initial term of service. Notwithstanding any other part of this agreement, Customer will be required to pay for service for each month of the current term.
4. Termination/Cancelation
1. Termination by Customer.
Customer may only terminate the Agreement by written notice to Nexgen Wisp. The obligation of Customer to pay for the remaining service term shall survive such termination. All related charges and fees may be billed to Customer or charged to Customer's credit card. Customer agrees and acknowledges that the payment obligations set forth herein apply to Customer's termination of the Agreement for any reason whatsoever.
2. Customer Obligations Upon Termination.
To request a cancelation since the service agreement is month to month, we request a 30-day cancelation notice, in advance. Customer agrees that upon termination of the Agreement, Nexgen Wisp’s equipment must be returned in good working condition or will be subject to a $150 non-returned equipment fee. Customer will permit Nexgen Wisp, and its employees, agents, contractors, and representatives, to access Customer's premises to remove Nexgen Wisp’s equipment, or customer may remove equipment and return it to Nexgen Wisp in good working condition within 5 days of the effective date of termination or Customer will be subject to a $150 non-returned equipment fee.
3. Termination by Nexgen Wisp.
Nexgen Wisp may terminate the Agreement immediately should Customer violate any of the terms of the Agreement. Nexgen Wisp may also terminate the service for any other reason at any time by providing Customer with written notice of such termination no later than 30 days prior to the date of termination. In the event Nexgen Wisp terminates the service for any reason other than Customer's violation of the Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges that have been paid in advance for any full month of canceled services will be refunded.
5. Prorated Billing. Our New Billing Module
In an effort to optimize billing and payments and maintain our competitive pricing while upgrading our services, your Monthly bill will be charged a prorated amount depending on your current due date. This will always be less than a full month of service. Starting in the month of [MONTH], we will be sending out your bill for Internet services via email on the 25th of each month. A reminder email will be sent out each sequential day after. Payments are due on the 1st for the following month’s Internet service through your new home page. https://customer.nexgenwisp.com/login/ Outstanding accounts will start being automatically suspended between the 2nd and the 4th of each month. Service will start at the beginning of the month and will expire at the end of the month. If you choose, you can choose to have your account automatically paid with your preferred credit/debit card, e-check, or EFT (Electronic Funds Transfer).
Below are two examples of how your bill may look:
Example 1: If you pay $20/month and your account is now due on the 10th of July, the prorated amount for July will be $13.15, instead of $20.00.
Example 2: If you pay $60/quarter and your account is now due on the 10th of July, the prorated amount for July/August/September will be $53.15, instead of $60.00.
If you are paying quarterly or for more than one month at a time, this will only be the pro-rated amount for the first month. If your payment is due on the 28th or later, we will waive the prorated amount for your convenience.
If you typically pay by check or cash during the month of [MONTH] (after the month of service has started), you may want to sign up to pay by bank debit or credit card in [MONTH] to avoid any possible service interruptions. You will receive an email invoice or statement showing the amount due for [MONTH] in late [MONTH] as a reminder.
6. Demarcation Point. We will designate the Demarcation point ("Demarc") where You will receive the Services. You are responsible for all wiring, equipment, access, or other things needed for Your use of internet on Your side of the Demarc. While We may be able to help You set up or troubleshoot Your internet, we are not required to do so, and We are not required to pay for any equipment on Your side of the Demarc. Explained more in paragraph 7.
7. Customer Responsibilities. You will pay all monthly service charges, as they appear on Your bill. You will arrange for access within Your premises as necessary for Our personnel to install, repair, inspect, maintain, replace, or remove the equipment We provide. You are responsible for notifying Us if there is any problem with Your service.
8. Equipment. We will continue to own all equipment that We provide for Your internet service. Upon disconnection of the Services, we collect a $50 cancelation fee at this time we will remove any equipment necessary.
Nexgen Wisp charges various install fees to cover the installation of cabling, hardware selection and alignment, router setup and initial device connectivity. The radio is covered under your monthly subscription (Nexgen Wisp Property), this is so we are responsible for replacing the device and troubleshooting, it at no cost to the client. Customer understands and agrees that the service requires that certain equipment be provided by customer such as a personal router of choice, a personal computer with an ethernet jack and the appropriate operating system (the "Customer Equipment"). Customer represents that it owns the Customer Equipment or otherwise has the right to use same in connection with the service. It is the responsibility of customer to provide and maintain all equipment that is not provided by Nexgen Wisp. It is customer’s responsibility to ensure that all Customer Equipment is functioning properly and to troubleshoot and resolve any and all problems with such equipment if it is not functioning properly. Nexgen Wisp provides certain equipment such as the radio (radios may vary depending on site specific locations and frequencies) as part of its monthly subscription. It is the responsibility of Nexgen Wisp to ensure that Nexgen Wisp's equipment is working properly. We will continue to own all equipment that We provide for Your internet service. At the point of termination Nexgen Wisp will come remove the equipment or the client can mail it back to
222 Lost Lake Dr. Baytown TX, 77523
9. Access to Customer's Premises. Customer authorizes Nexgen Wisp and its employees, agents, contractors, and representatives to enter customer's premises (the "Premises") in order to install, maintain, inspect, repair, and if necessary, remove the Nexgen Wisp equipment. All such services will be conducted at a time agreed upon by Nexgen Wisp and customer. If customer is not the owner of the premises, upon request, customer will supply Nexgen Wisp with the owner's name and address, evidence that customer is authorized to grant access to the premises on the owner's behalf, and (if needed) written consent from the owner of the Premises to install the necessary Nexgen Wisp equipment. Nexgen Wisp assumes no responsibility for any damage, personal or property, to the Premises or the Customer Equipment as a result of the installation or removal of the Nexgen Wisp equipment. In the event Customer elects to remove or move any Nexgen Wisp equipment, Customer assumes all responsibility for any damage, personal or property, caused by such action.
10. Limitation of Liability. Your sole and exclusive remedy under this Agreement for any breach by Us shall be to terminate this Agreement. IN NO EVENT Nexgen Wisp LLC, (Nexgen Wisp) OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO THE SERVICES OR VEA'S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.
11. Termination. You may terminate this Agreement for any reason, but all sums for Services You have received at the time You terminate shall become immediately due and payable, along with a $50 cancelation fee. You may request cancellation by providing us by email thirty (30) days written notice. Except for situations covered by Section 2 of this Agreement, we may terminate this Agreement at any time if We give You at least thirty (30) days written notice.
12. Indemnity. If any claims are made against Us that were caused by Your use of the Services, you will be responsible for all costs arising from that claim, and You will reimburse Us for Our defense of the claim and any costs We pay as a result. Repair calls are subject to $75 an hour fee with a minimum of one hour, for issues diagnosed as rendered by your use of the service. For instance, you may incur a charge when a technician visits your home and repairs problems with the In-Home Wiring used with your Nexgen Wisp services, or diagnosis a problem with the connection between Customer Equipment and your Nexgen Wisp services. (Terms defined below). Examples are device being unplugged, router firmware updates, not inquiring for appointments when remodeling, building, or having a roof repaired or replaced. Obstructions in the line of sight such as trees or building a building in the way.
13. Assignment. You may not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party. In some circumstances we will allow the account to be transferred for a $75 transfer fee.
14. Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.
Nexgen Wisp LLC does not charge for service appointments to repair Nexgen Wisp-owned facilities or equipment rented to you by Nexgen Wisp LLC. However, charges may apply for service appointments when the source of your service problem is not Nexgen Wisp LLC owned facilities or equipment rented to you by Nexgen Wisp LLC. For instance, you may incur a charge when a technician visits your home and repairs problems with the In-Home Wiring used with your Nexgen Wisp LLC services, or diagnosis a problem with the connection between Customer Equipment and your Nexgen Wisp LLC services.
SERVICE PROTECTION PLAN
(Optional) $15 a month
Service Protection Plan Coverage SERVICE PROTECTION PLAN COVERS: Replacement or repair of defective installed In-Home Wiring used with your covered Nexgen Wisp LLC Internet services; Diagnosis of problems with the connection between your Customer Equipment and your Nexgen Wisp LLC services; and On-site education about your Nexgen Wisp LLC Internet services.
SERVICE PROTECTION PLAN DOES NOT COVER: Wall Fishing of In-Home Wiring; Repair of electrical wiring; Repair or replacement of Customer Equipment; Installations of new Internet outlets, TV outlets or telephone jacks, or optional moves or reconfigurations of existing Internet, TV outlets or telephone jacks; Repairs to wiring used to deliver:
1) non-standard telephone systems such as PBX; or 2) video, telephone or data services delivered by a non-Nexgen Wisp provider; or Replacement of wiring destroyed by fire, natural disaster, vandalism, gross negligence or deliberate damage. PLAN DEFINITIONS "Demarcation Point" refers to a point beginning twelve (12) inches from where wiring enters your residence. Repair and maintenance of wiring outside the home, beyond the Demarcation Point, is the responsibility of Nexgen Wisp except for where the wiring is owned by a third party, including, but not limited to, another video, telephone, or data service provider. "Equipment Rented to you by Nexgen Wisp LLC " means any equipment that is provided to you by Nexgen Wisp LLC and is either included in your service package or separately charged (e.g., Radio). Jumper cables, cable connectors and splitters are not considered equipment rented to you by Nexgen Wisp LLC; they are Customer Equipment, even if provided to you by Nexgen Wisp LLC. "In-Home Wiring" means wiring you own or control from the Demarcation Point to the individual phone jacks, TV and Internet outlets in the home that work with your Nexgen Wisp LLC services, as well as all cable jumpers, cable connectors and splitters used for Nexgen Wisp LLC Internet services. "Wall Fishing" refers to an installation technique that requires breaching the structure to repair or replace wiring that is behind sheetrock, brick, metal, cinder block, plaster, dry wall, or similar structural elements. In most areas, Nexgen Wisp LLC technicians do not perform Wall Fishing in connection with the repair of In-Home Wiring and Nexgen Wisp LLC cannot do that work, you would perform the Wall Fishing yourself or arrange for an outside contractor to do so. Nexgen Wisp LLC would not bill you for that work, and it would not be covered by the Service Protection Plan. "Customer Equipment" means equipment or components owned or provided by you including, but not limited to, TVs; third party set top boxes; modems; wireless gateways; streaming devices or media players; computers; home audio equipment; faxing equipment, scanners, or printers; and telephones.
SERVICE PROTECTION PLAN TERMS AND CONDITIONS
Protection Plan Service Fee $15 a month
The Service Protection Plan covers charges related to service appointments by Nexgen Wisp LLC technicians:
1) for the diagnosis and repair of In-Home Wiring used with your Nexgen Wisp LLC Internet services; (2) for the diagnosis of issues relating to the connection between your Customer Equipment and your Nexgen Wisp LLC services; and (3) for education about Nexgen Wisp LLC Internet services. The Service Protection Plan is only available to residential Nexgen Wisp LLC Internet customers. The Service Protection Plan is optional. You do not need to purchase the Service Protection Plan to receive support for any issue affecting our outside plant or network, Nexgen Wisp LLC services or for any Equipment Rented to you by Nexgen Wisp LLC. The Service Protection Plan may be cancelled at any time; however, if the Service Protection Plan is cancelled within 30 days (about 1 month) of enrollment and a chargeable in-home service appointment occurs, you will be charged for the service appointment. The Service Protection Plan is no longer available for purchase. If you cancel your Service Protection Plan, you will not be able to add it back onto your account. The Service Protection Plan does not cover repair to Nexgen Wisp LLC Equipment. However, as a Service Protection Plan customer, you will not pay for a service appointment if the Nexgen Wisp LLC technician discovers that the trouble is caused by your Nexgen Wisp LLC Equipment. The Service Protection Plan does not cover installations of new Internet outlets, TV outlets, or telephone jacks, or optional moves or reconfigurations of existing Internet, TV outlets or telephone jacks. If the work is not covered under the Service Protection Plan you may: (1) make the repair yourself; (2) hire an outside contractor at your cost; or (3) or if it is work that we perform, have us perform the work at our standard billing rate. See the Agreement for Residential Services for more information. The Service Protection Plan does not cover rewiring after a residence is destroyed or damaged by fire, natural disaster, vandalism, gross negligence, or willful damage. The Service Protection Plan is effective the day you order the Service Protection Plan. Charges for the Service Protection Plan and terms or conditions applicable to the Service Protection Plan may change at any time with at least 30 days (about 4 and a half weeks) prior written notice. Except as expressly set forth herein, and as permitted by law, Nexgen Wisp LLC shall not be liable for any damages (including indirect, incidental, punitive or consequential damages of any kind) arising from work performed under the Service Protection Plan. Nexgen Wisp LLC makes no warranties, express or implied, under the Service Protection Plan and specifically disclaims any warranty of merchantability or fitness for a particular purpose. The Service Protection Plan terms and conditions are in addition to and not in lieu of the Agreement for Residential Services. Other restrictions may apply.
APPLICATION FOR INTERNET SERVICE
The undersigned member of Nexgen Wisp LLC. ("Nexgen Wisp"), hereby applies for Residential Broadband Internet Service of specified Mbps @ specified per Month for wireless internet (depending on the service available in your area). By paying for service or signing this document, the undersigned agrees to the terms of Nexgen Wisp Retail Member Master Service Agreement, Nexgen Wisp Acceptable Use Policy, and any other Rules and Regulations now in effect or which may be hereafter amended, adopted, or repealed. If your electric membership is a joint account, both members must sign this application.
Applicant
Nexgen Wisp Account Number
Nexgen Wisp Member (provided by Nexgen Wisp)
E-mail:
Social Security Number:
Driver’s License Number:
Phone Number:
2nd Phone Number:
Mobil Provider for SMS Text:
Employer:
Work Number:
Co-applicant:
Co-applicant Email:
Social Security Number:
Driver’s License Number:
Phone Number:
2nd Phone Number:
Mobil Provider for SMS Text:
Employer:
Work Number:
Physical Address or property:
Mailing Address:
Do you rent or own?
Do you give Nexgen Wisp consent to install cat5 lines, antennas, equipment, and devices at the residence?
During installation it may be necessary to penetrate the structure of the residence to install the equipment. Do you give Nexgen Wisp consent to perform this as needed?
Applicant's signature/Date:
Co-applicant's signature/Date:
Other info: locked gates, dog, etcetera.:
The installation date for service at your residence is dependent upon your location and Nexgen Wisp build-out schedule. Signing this agreement does not guarantee the actual installation date. It is your responsibility to take appropriate precautions to secure your own network by installing and maintaining anti-virus and anti-malware software. Nexgen Wisp does not assume any responsibility for any content stored, accessed, or transmitted using Nexgen Wisp broadband services. You are solely responsible for all content offered or received using Nexgen Wisp broadband services.
Nexgen Wisp Landowner/Landlord Approval Form Dear Applicant, thank you for choosing Nexgen Wisp as your wireless internet provider! To ensure you have a smooth installation experience, if you do not own the premises where service will be installed, we require that you obtain landowner/landlord approval prior to installation. Installation of Nexgen Wisp equipment may involve modifications to the premises. While these modifications are often minor, standard professional installation many times includes drilling holes in order to run cable and attach equipment securely to the outside of the premises. Any such type of modification may be forbidden pursuant to the terms of your lease/rental agreement or may require pre-approval by the landowner/landlord. Please be advised that landowner/landlord approval is required before any modifications to the premises. Please request that the landowner/landlord, or its authorized representative, complete the section below to acknowledge authorization for the installation and provide this signed form to Nexgen Wisp at the address below before scheduling an installation. By presenting this form to Nexgen Wisp, you are granting permission to install Nexgen Wisp equipment and are releasing Nexgen Wisp from the obligation to remove your system after it is installed. This signed installation permission form releases Nexgen Wisp (including any installation technician) from any liability related to damages your landowner/landlord may claim as a result of an alleged violation of your lease/rental agreement as it relates to the installation of your new Nexgen Wisp equipment. Should your landowner/landlord only approve the Nexgen Wisp installation subject to specific requirements that make the actual installation more expensive (or exceed what Nexgen Wisp offers as part of its standard professional installation), you will be asked to pay a corresponding charge, to be agreed upon by you and Nexgen Wisp, for the additional services. Upon installation, all equipment is still Nexgen Wisp equipment and proper care must be taken of the equipment. Any damages to the equipment will be charged to the subscriber. Please remember that technical issues may still prevent installation of your Nexgen Wisp equipment. Though this is rare, unforeseen challenges may prohibit installation of Nexgen Wisp equipment.
I, (Landowner/Landlord/Authorized Representation) Hereby authorize (Tenant/Lessee/Applicant) to install Nexgen Wisp LLC equipment at (Location) (Date)
Applicant's signature/Date __________________________
Co-applicants signature/Date _______________________