IT SERVICE TERMS & CONDITIONS

IT SERVICES TERMS & CONDITIONS
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INSTALLATION AND SERVICES.
‍- You hereby authorize Hyper Networks, LLC (the "Company”) and/or it’s authorized contractors to install an antenna, router, software, wiring and other equipment (the “Equipment”) at your office (the “Premises”) necessary to provide Internet service (the “Services”).
- Any custom installation work that you request, including placing cable carpet, through cabinets, through interior walls or inside molding, may require additional charges.
- The Company will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.
- You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the antenna on the Premises is not in violation of any restrictive covenants, conditions or homeowners restrictions.
- You agree to allow the the company or its contractor’s access to the Premises to perform installation, repair or maintenance services in support of the Services.
- The Company assumes no responsibility or liability for interruption of the Services.
- The Company may revise, modify or discontinue any or all aspects of the Services, including but not limited to prices, any applicable tariffs, and any terms of this Agreement. Client’s continued use of service shall constitute Client’s acceptance of the modification of this Agreement.
- Notice to you of any revisions or modifications will consist of updating the terms on the Company web site, making adjustments to your bill or sending you an email.
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PAYMENT TERMS.
‍- The Company will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by Visa, Master Card or American Express or Automatic withdrawal from a bank account (ACH).
- Your first month’s service fee and Installation are due upon completion of installation.
- All reoccurring telecom charges are subject to a minimum 5.5% fee for taxes and cost of management. Price may increase up to 4% each year, based on current market values and an increase in business costs. All equipment and support costs are billable when customer delays are greater than 60 days.
- All payments are due as outlined on the billing invoice. Late payments will incur a fee of 1.5% for every 30 days past due.
- If you fail to pay any amounts owing to Service Provider within 30 days, Service Provider will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Service Provider for services rendered, remaining contract value, collection and attorney’s costs.
- Service Provider has the right to charge you full retail price of the Equipment and a $100 recovery fee for a) any damage to the Equipment resulting from your abuse or negligence as determined solely by Service Provider, or b)your unwillingness to allow us to recover the equipment upon termination.
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TERM AND TERMINATION; TERMINATION FEE.
‍- This Agreement will have a term as stated on an order form or a Twelve (12) month initial term (Initial Term) unless otherwise dictated in order form.
- At the end of the Initial Term, this Agreement will automatically renew for successive twelve-month periods unless you call the Company regarding the intent to terminate the agreement and also advise the Service Provider in writing. All outstanding balances must be paid in full.
- If you terminate this Agreement before the end of the Initial Term, you agree to pay the Company a termination fee of 100% of the total sum of all remaining payments due from the time of cancellation to the end of the Initial Term as well as any outstanding balance on the account. After calling the Service Provider regarding the intent to terminate the agreement, the Client must also advise the Service Provider in writing.
- The Company has the right to recover all Equipment provided by the Company, but is under no obligation to do so. You will cooperate fully with Service Provider to allow them to recover any and all Equipment related to the Services during regular business hours.
- If you move out of the Premises prior to the conclusion of the Initial Term, the Company may terminate this Agreement, disconnect the Services, and recover all Equipment related to the Services and you will be liable for the Termination Fee.
- You have seven (7) days from the date the Services are installed to cancel without penalty. Any cancellation or termination after installation and before the completion of the initial Term will be subject to the Termination Fee listed in section 3 (c).
- Upon occurrence of a breach by Client of any provision hereunder, the Company reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client hereunder. Client agrees to pay all costs incurred by the Company enforcing the terms of this Agreement, including, but not limited to collection agency fees, not to exceed 50% of any past due balances, and reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including, but not limited to, reasonable attorney fees.

 REFUND AND CREDIT POLICY.
1. Refund Eligibility
- Company, operates under the principle of providing exceptional services to our valued customers. We understand that there may be circumstances where are refund or credit is necessary. This policy outlines the terms and conditions under which refunds and credits are granted.- Refunds will not be issued except under the circumstances outlined in section2 of this policy.

2. Exceptions for Refunds
- Customers who have terminated all services with the Company are eligible to receive a cash refund for any remaining credit on their account. The refund amount will be calculated based on the unused portion of the services paid for, minus any applicable fees.

3. Credit Towards Current Services
- In cases where a refund is not eligible under section 2, the Company will issue a credit to the customer's account, which can be applied towards the payment of their current services.
- The credit amount will be equal to the amount paid by the customer for the services in question, minus any applicable fees.
- The customer may use this credit towards any current or future services provided by the Company.

4. Process for Requesting Refunds or Credits
- Customers who wish to request a refund or credit must contact their account manager within 90 days of the occurrence of the event that necessitates there fund or credit.
- The customer will be required to provide relevant details and supporting documentation for the refund or credit request to be considered.
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5. Discretion of the Company
- The Company reserves the right to review and evaluate each refund or credit request on a case-by-case basis.
- The Company's decision regarding the issuance of a refund or credit is final and binding.

6. Modification of Terms
- The terms of this Refund and Credit Policy are subject to change without notice. Any changes will be communicated to customers through our official communication channels.

7. Contact Us If you have any questions about our refund and credit policy. By engaging in services with the Company, you acknowledge and agree to the terms and conditions outlined in this Refund and Credit Policy.

‍LIMITED WARRANTY, SERVICE AND REPAIRS.
‍- The Company will replace faulty Equipment originally provided and owned by the Company during the initial Term.
- This warranty excludes any damage to Equipment resulting from abuse or negligence as determined solely by the Company.
- This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
- If the Company damages the Premises during the Services installation or maintenance, the Company will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $500.
- The Company may hire subcontractors and independent contractors toper form some aspects of installation and repairs of the broadband system.
- The Company is not liable for any death, injury or damages which may or does result from the work performed by these subcontractors and independent contractors.
- Speeds can vary based on many factors at any time and the Company is not liable and will not issue refunds for any difference between actual speeds and listed speeds.

INTERNET ACCESS.
- You access materials on the Internet at your own risk.
- The Company may deny you access to all or part of the Services without notice if you breach this Agreement, including, but not limited to, the Company’s Acceptable Use Policy.
- You agree to comply with any bandwidth usage (transfer rates) or other limitations on the Services set by the Company in its sole discretion. You will be billed according to the schedule in Section 7(b) for exceeding any of the limitations set on your service.
- The Company’s network gathers information about Internet usage including but not limited to the number of bytes passed.
- The Company uses this information in the aggregate.
- The Company may share this aggregated information with other parties from time to time.
- The Company collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products and services that better meet your needs.
- The Company will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect the Company’s broadband services and facilities.
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LIMITATION OF LIABILITY.
‍- NEITHER SERVICE PROVIDER NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF SERVICE PROVIDER’S BROADBAND SERVICE.YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT SERVICE PROVIDER AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF SERVICE PROVIDER’S SERVICE.
- YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING SERVICE PROVIDER’S OR ITS SUBCONTRACTOR’S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO SERVICE PROVIDER UP TO THE TIME THE DAMAGE IS DISCOVERED.
- THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SERVICE PROVIDER NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREEOF VIRUSES OR OTHER HARMFUL COMPONENTS.
- YOU ARE RESPONSIBLE FOR ALL SECURITY FOR YOUR COMPUTERS, FILES, PROGRAMS,TRANSMISSIONS, ETC. SERVICE PROVIDER, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY SECURITY BREACHES ON YOUR SYSTEMS.
- SERVICE PROVIDER, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, ORYOUR RELIANCE ON ORUSE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS,INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPITIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
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- You agree to indemnify, defend and hold Service Provider, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Services by you or any authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
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These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) any successor to the Company’s business by way of merger, purchase of assets, or operation of law; and (2) any sub contractor performing work on behalf of the Company.
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CONTACT:
‍For any inquires or complaints regarding the Service or Website, please contact by email at info@hypernetworks.com via https://hypernetworks.com/connect/

EffectiveDate: 08/25/2023