This is a similar copy of our contract for internet service which must be signed before we provide service.
TNT Communications, Inc.
Wireless Service Agreement
Send Payments to:
2504 NW Tackle Box th Rd.
Lawton, OK 73507
Phone: (580)713-4526 Email:
support@tnt-ok.com
www.tnt-ok.com
PLEASE READ THE TERMS
AND CONDITIONS CAREFULLY.
BY USING THESE SERVICES, (i) YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND (ii) YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED BY TNT Communications FROM TIME TO TIME. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT TNT Communications WILL COMMENCE PROCESSING SUCH ORDER AND YOU WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.
IF YOU DO NOT AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND
SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS, TNT Communications IS UNDER NO OBLIGATION TO PROVIDE YOU WITH THE
SERVICES.
THE TERMS AND
CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. THE LATEST VERSION OF THE
TERMS AND CONDITIONS MAY BE FOUND AT http://www.tnt-ok.com/policy. FOR PURPOSES OF THE TERMS AND CONDITIONS,
YOU WILL BE REFERRED TO AS THE “CUSTOMER.”
Terms and Conditions
1.Definitions: This Services Order
Confirmation and Acknowledgment of Terms and Conditions shall serve as
confirmation of your Wireless service order with TNT Communications, Inc., a
Oklahoma corporation (“TNT Communications”) and your acceptance of such order,
including acceptance of all of the terms and conditions (“Terms and
Conditions”) set forth below, and will authorize TNT Communications to provide
you with the Services (as defined below) for period agreed to by you
("Customer") upon placing an order for the Services.
2.Service: You agree to purchase
wireless and/or network access services (“Services”) from TNT Communications.
All equipment installed by TNT Communications, shall remain property of TNT
Communications. Should the equipment be
damaged in any way then you, the customer will be held responsible for any
charges to repair/replace the equipment.
You shall be responsible for obtaining and maintaining any additional
equipment needed to access, connect to, or use the Services. You shall be
responsible for insuring that such equipment is compatible with the Services.
Services provided by TNT Communications are for the sole use of you, the
customer, and not for resale or distribution of any kind without the prior
written consent of TNT Communications, which may be given in its sole
discretion. In the event you attempt to distribute the Services, TNT
Communications may, at its sole discretion, increase the fees associated with
the Services, or terminate the Services.
Servers are not allowed on any account types without prior written
consent of TNT Communications.
3.Term of Agreement: This
agreement has an initial term of (the “Initial Term”) and will continue on a
month-to-month basis thereafter. After the Initial Term you, the customer may
terminate this Agreement upon forty-five (30) days’ written notice. The Initial
Term begins the day your wireless connection is successfully installed by TNT
Communications, as recorded in its database. If TNT Communications decides it
cannot successfully deliver the Service, this contract is implicitly terminated
without penalty or cost.
CUSTOMER INITIAL______________
4. Rates and Payment Terms: The
rates for Wireless service (“Rates”) are set forth in the Rate Schedule located
at www.tnt-ok.com. The Rates will be in effect for the Initial Term, and may be
changed by TNT Communications after the end of the Initial Term by giving you
written or e-mailed notice of the new Rates at least thirty (30) days before
their effective date. In addition to the Rates, TNT Communications will bill
you for all federal, state, county, and local taxes, surcharges, fees, and
universal service contribution on the Service. Charges for the Services will
begin when the Services are installed. Before installation you, the customer,
will be responsible for the pre-install payment, which is the first months
service fee and the installation fee.
Pre-install payment amount:
5.
Default and Remedies: You
will be considered in Default of the Agreement if 1) payment for any Service
has not been received by the tenth day (10) of each month, and 2) For any other
breach of this Agreement that is not remedied within ten (10) days after notice
of such breach, or for any breach of our Acceptable Use Policy for our Internet
Access Service. If you are in Default of this Agreement, we may terminate all
Services under this Agreement without further notice to you and you will be
charged an early termination fee. The
early termination fee is the remainder of contract. You may also incur service charges to reinstate your service if
it is suspended.
6.
Early Termination Charges:
You must notify us in writing of your intention to terminate, no less than 30
days prior to termination date to avoid additional monthly charges. You will be
responsible for the early termination fee.
If you terminate this Agreement before the end of the Initial Term
without a 30-day written notice, you will also be responsible for all service
charges that would have been incurred for the next 60 days of your billing
cycle and an early termination fee. The
early termination fee is the remainder of contract.
7. Limited Warranty – Wireless Service:
We warrant that, subject to the limitations set forth below, the Wireless
service will operate in substantial accordance with the terms of this
Agreement. The limitations include:
7.1 Quality of Service: You
understand and acknowledge that the actual transmission speeds may vary from
the transmission speeds that you might otherwise expect, due to such factors as
the line-of-sight (LOS), distance to transceiver, and other operation
characteristics of the facilities and equipment used in the Wireless Service.
It is possible that there may be other operational impediments that may
preclude or delay the actual installation, repair and maintenance of Wireless
Services to your premises. We reserve the right to terminate this Agreement
without liability to you if we are not able to provide, repair or maintain
Wireless Services to your premises. We will use commercially reasonable efforts
to provide installation, repair and maintenance services. If you experience a
substantial reduction in transmission speed or significant interruption of
service, please notify us and we the Wireless Service provider will undertake
commercially reasonable efforts to restore the Wireless service. We will not be
responsible for service issues relating to your computer, network or software.
7.2 Limitations: The limited
warranty shall not apply if: 1) Your equipment has been subjected to unusual
physical or electrical stress, misuse, neglect, accident or abuse, or damaged
by any other external causes; 2) The Wireless Service or related equipment has
been installed, repaired or altered by any one other than our technical support
or its subcontractors or affiliates, without prior written approval; or 3) the
Wireless Service or related equipment is used in violation of applicable law or
in violation of instruction furnished by us, if any.
7.3 Service
Calls: Any service calls that
are not directly related to TNT Communications actions will incur additional
charges. The rates for service calls
are set forth in the Rate Schedule located at www.tnt-ok.com.
7.3 Warranties The foregoing limited
warranties shall be in lieu of and shall exclude all other express or implied
warranties, including without limitation, warranties of merchantability, and
fitness for a particular use or purpose.
8. Use of Services: Customer agrees
not to use the Services in a manner prohibited by any federal or state law or
regulation. Customer further agrees to adhere to TNT Communication's Acceptable
Use Policy (“AUP”) as set forth on TNT Communication's web site at
http://www.tnt-ok.com/policy. Transmission of any material in violation of
federal or state law or regulation, including, but not limited to any
copyrighted material, material protected by a trade secret or material or
messages that are unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable in any manner or nature or that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation, is prohibited.
9. Restrictions: Wireless
Customers agree not to resale services of any nature from their Wireless
connection to TNT Communications. In the event any Wireless Customer attempts
to resale services on the network, TNT Communications may, at its sole
discretion, increase the fees associated with the Services, or terminate the
Services.
10. Limitation of Liability:
10.1 ANY LIABILITY OF TNT Communications ARISING UNDER THIS AGREEMENT SHALL BE
LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND NEITHER PARTY SHALL HAVE
ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT
LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF
USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE
PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10.2 NOTWITHSTANDING THE FOREGOING, TNT Communications TOTAL LIABILITY TO
ANYONE UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION (WHETHER IN
CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE)
SHALL NOT EXCEED THE AMOUNT THAT YOU WOULD HAVE PAID TNT COMMUNICATIONS. UNDER
THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR
ONE THOUSAND DOLLARS ($1000.00) WHICHEVER IS LESS.
10.3 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL
ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
11. Force Majeure: We will
not be responsible for any failure to perform any obligation or provide any
Services hereunder because of any Act of God or nature, strikes, work stoppage,
equipment or facilities shortages, governmental acts, directives or abuse, war,
riot or civil commotion, or any other force beyond our immediate and reasonable
control.
12. Entire Agreement; Amendments in
Writing; Severability: This Agreement, which includes all Attachments
and Schedules referenced herein, if any, constitutes the entire Agreement
between us concerning the subject matter hereof and supersedes any prior
agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, with respect to the subject matter
expressly set forth herein. Any changes to this Agreement, or any amendment or
supplement to the Agreement must be in writing and signed by TNT Communications
to be enforceable
13. Arbitration: Any
controversy or claim arising out of or relating to this Agreement, or the
breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial Arbitration Rules,
and judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. A single arbitrator who has special
knowledge of the industry or technology involved in the dispute shall hold the
arbitration in Lawton, Oklahoma.
14. Faxed Copies: You may
sign this Agreement and fax it to us, and it will have the same effect as if
you had personally returned the original signed document to us. In proving this
Agreement, it will not be necessary for us to produce or account for the
original document signed by you if we produce the faxed copy that you sent to
us.
Installation Cost
Monthly Payment
Account Email Address:
Customers
Information:
Name:
Title:
Company:
Address:
City: State: ZIP:
Phone:
How
did you hear about us?:
By
signing below I agree to the terms of this contract.
Signature:
Date:
Internal Use Only- Radio MAC: Installed
Network Card? Antenna: Yes No Notes:
___________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ AP Connected To: Grid: