EMERALD BROADBAND, LLC
INTERNET LEVEL SERVICE AND SUBSCRIPTION AGREEMENT
ACCEPTANCE OF THIS AGREEMENT
This agreement is entered into by and between you the subscriber (Subscriber) and Emerald Broadband, LLC (Emerald) the provider, with offices at 859 Willamette Street, Suite 250 Eugene Oregon 97401, for the purpose of establishing the terms and conditions under which Emerald will furnish Internet service. Upon scheduling and installation, paying for your service invoice and/or use of any Emerald services or otherwise, subscriber indicates the acceptance of the Service(s), and has accepted this Agreement and agree to be bound by its terms.
TERMS OF THE 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. Subscriber has the right to cancel subscription to service(s) at any time. Unless the subscriber has purchased or provides all necessary equipment, Emerald owns all equipment, antennas, cables, and select software—and upon any termination all equipment must be returned to the Emerald Broadband office at 859 Willamette Street, Suite 250 Eugene, OR 97401, by the Subscriber within 30 days of service termination. Any unreturned and/or damaged and/or lost equipment can be billed to the Subscriber at the original equipment purchase price. Emerald reserves the right to bill Subscriber accounts after cancellation to cover any and all equipment fees, losses, damages or otherwise disappearance of leased Emerald equipment under Subscriber responsibility.
SERVICE TO BE PROVIDED
Emerald, under the terms of this agreement, will furnish to Subscriber the selected package of Internet service agreed upon at the time of installation. Emerald Internet service packages DO NOT guarantee download/upload internet speeds/service and actual connections will vary depending upon location of property and natural landscape conditions.
CHANGES TO SERVICE
Subscriber may choose to change their Internet access package/speed without violating the terms of this agreement. If additional or new equipment is necessary, a change fee may be required to implement the change. Emerald reserves the right to charge a $100.00 fee if a location change of service is incurred. Excess cabling and multiple workstation moves can incur normal hourly labor rates beyond the basic equipment move fee.
Internet access connection speed is measured between Subscriber’s location and the Emerald access point via the Emerald Internet Protocol (“IP”) Network. 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 which cannot be controlled by Emerald. For the purposes, hereof service for access will be deemed available if access can be achieved through the system from some point within the Subscriber’s Location during some portion of a day, even if access is not available throughout the Location. Emerald shall not be responsible for the non-availability of Network access due to failures on the part of Subscriber’s equipment.
Subscriber will be billed installation charges and first month of selected Internet service package at the time of initial installation. Emerald reserves the right to request payment for any and all equipment associated with the initial Internet access installation in advance. Internet access service charges are due and payable monthly. Failure to pay monthly service charges within 30 days of initial due date, shall give Emerald the right, without liability, to temporarily disconnect Internet access service. Emerald is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance and a reconnect charge of $25 may be applied. If service is not reconnected within seven (7) calendar days, the Internet access service will be permanently disconnected. To restore service after a permanent disconnect, payment of the full unpaid balance and pre-payment of new internet service charges may apply.
LATE PAYMENT FEES
A late payment fee of $10.00 per month may be added on account invoices not paid within thirty (30) days of the invoice due date.
RETURN CHECK CHARGE
A $25.00 processing fee will be charged on all returned checks.
Cancellation requests are not accepted via email or through the Emerald website interface. Subscriber’s can call the Emerald Broadband office at (541) 363-0260 during normal business hours to request cancellation. Because charges are prepaid each billing period, when you call to cancel your Subscription Services, your subscription will continue, and you will be able to enjoy your Subscription Services through the end of, the then-current billing period. Refunds are not issued for a partial billing period. We are not obligated, and you are not entitled and hereby waive any right, to any credit, refund, price adjustment or any other discount, compensation or recompense for any partial-use, early cancellation or un-used pre-paid services.
In the event that service is totally unavailable throughout the Network for an entire 24 hour day due to a failure of Emerald equipment, the Network, or a cause that could be controlled by Emerald, Emerald will credit to the Subscriber the monthly service charge for the Service at the rate of the fees attributable to the number of days during which Services were completely unavailable within the Network. In order for the Subscriber to receive a credit on its account, the Subscriber must promptly notify Emerald of the deficiency of Availability and request such credit within ten (10) business days after it experienced a lack of Availability. The Subscriber must request credit by sending an electronic mail message to Emerald at email@example.com. The body of this message must contain the Subscriber’s physical address where the service is installed, the dates and times of the unavailability of the Service, and contact information. Credits will usually be applied within sixty (60) days of the Subscriber’s credit request. Credit to the Subscriber’s account shall be its sole and exclusive remedy in the event that there is no Availability.
Credit shall not be provided to Subscriber in the event that it experiences a lack of Availability resulting from:
i. Scheduled maintenance as posted.
ii. Subscriber’s behavior or the performance or failure of its equipment, facilities or applications
iii. Circumstances beyond Emerald’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Subscriber’s Service.
Emerald reserves the right to terminate services to any Subscriber or user that violates this provision or uses its access to the Network in any manner that causes damages to the Network or impairs the level of service provided to other customers of Emerald on the Network.
SUBSCRIBER PROVIDED EQUIPMENT . Any equipment not purchased from Emerald is considered customer provided equipment. Emerald is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Internet access service. If equipment is purchased and installed by Emerald, Emerald will provide 90 days of support service after initial installation. After the initial 90 days, Subscriber can be subject to a service call charge.
The installation date and time will be determined by Emerald and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Emerald will determine if Subscriber’s computer(s) are configured appropriately for the Internet access service connection. If not, Subscriber will be required to lease or purchase from Emerald, or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Emerald for a fee. In the event a Subscriber installs a network utilizing the provided Internet access service modem, it is with the clear understanding that Emerald is not responsible for any problems that may occur. Emerald will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems without an associated fee. Emerald will not perform work on any of Subscriber’s computers without an associated fee. Standard installation includes up to 50’ of Ethernet cabling. Installations requiring over 50’ will incur an additional custom cable charge beyond the basic installation price.
If Emerald is called to Subscriber’s site and it is determined that the problem is other than the wired or wireless Internet access service and/or the wired or wireless Internet access interface, a minimum service fee of $75.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply.
Emerald will not be liable for any delay in the delivery or installation of Internet access service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Emerald.
Emerald is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Internet access services.
TRANSFER AND ASSIGNMENT
Emerald reserves the right to subcontract the products, work and any of our other obligations set out in this Agreement without Subscriber consent.
If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Lane County, Oregon shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Oregon.