Home Broadband Installation and Service Agreement
In this INTERNET SERVICES CUSTOMER AGREEMENT (this “Agreement”) Customer will find the terms and conditions applicable to the Services provided by WeLink Communications and its affiliates (collectively, “WeLink”). PLEASE READ THE AGREEMENT TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING CUSTOMER’S RIGHTS AND OBLIGATIONS.
NOTICE OF ARBITRATION AND WAIVER OF CLASS ACTION. JURY TRIAL: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION, RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS.
NOTICE OF EARLY TERMINATION FEE: IN THE EVENT THAT CUSTOMER SELECTS A PLAN WITH A MINIMUM TERM OR EQUIPMENT REMOVAL NOTICE PERIOD AND CUSTOMER ELECTS TO TERMINATE THIS AGREEMENT PRIOR TO THE EXPIRATION OF SUCH TERM, CUSTOMER WILL BE CHARGED AN EARLY TERMINATION FEE. SEE SECTION 2.5 FOR ADDITIONAL DETAILS.
ACCEPTANCE OF AGREEMENT
The customer order form (the “Order Form”) accepted by Customer is included as part of this Agreement. Terms and conditions are part of this Agreement. This Agreement also incorporates WeLink’s Privacy Policy (https://welink.com/privacy/). By accepting this Agreement, Customer is bound by the terms and conditions set forth herein, in the Order Form and in the Privacy Policy. Acceptance of this Agreement begins on the earlier of the date that the Order Form was accepted digitally by Customer and the date on which the Services commence.
1. Installation, Equipment, and Services
WeLink will install the internet system(s) (each a “System”) including all equipment installed as part of the System or that WeLink otherwise provides to Customer (the “Equipment”). WeLink will provide and install the Equipment as a part of the provision of the Services at no charge to Customer. Two (2) Mesh WiFi units are provided at no cost. Additional units may be purchased for $99 per unit. “Services” mean any and all data, internet services that are available now or in the future from WeLink.
2. Monthly Service Fee
For Services rendered, Customer agrees to pay WeLink as follows:
60 month service agreement (Initial Term). $0 installation and equipment fees.
60 month service agreement (Initial Term). $0 installation and equipment fees.
2.1 “Services” mean any and all data, internet services that are available now or in the future from WeLink and provided to the Customer.
2.2. The Initial Term of this agreement starts on the day the Customer is activated (receives active internet service).
The total amount Customer will pay WeLink for the Services during the initial term is $60.00 ($1 x 60 months, not including applicable taxes). The total Services Fee for the Initial Term is due at the beginning of the Initial Term and on every 60 month anniversary thereafter.
Amounts quoted on any Order Form do not include applicable taxes if any. Taxes and fees imposed by federal, state, or local governments or authorities will be added to the total Service Fee, where they apply. Many areas do not impose taxes on internet service. There is no financing charge or cost of credit (0% APR) associated with this Agreement.
2.3 Following the Initial Term, this Agreement will automatically continue for another sixty (60) month term unless either Party provides notice to the other Party of non-renewal at least one hundred and twenty (120) days prior to the end of the Initial Term. Either party may terminate this Agreement at any time upon at least one hundred and twenty (120) days prior written notice to the other Party, provided that the Customer may elect to stop paying for Services. If terminated, this Agreement ends on the last day of the one hundred and twenty (120) day notice period. Customer agrees to notify WeLink of any move and or change of ownership of the Premises, during and after the initial term of this agreement, within one-hundred-eighty (180) days prior, or as soon as reasonably practicable, in accordance with Section 3 of this agreement. Customer is obligated to return all WeLink equipment to avoid any fees or charges. Customer will be charged for the cost of any WeLink equipment that is not returned. Thereafter, this Agreement shall continue in full force and effect.
2.4. Customer may elect to stop receiving Services from WeLink at any time by notifying WeLink via phone at the phone number listed on its website. If Customer chooses to stop receiving Services, WeLink will stop providing Services at the end of the billing period after the date the Customer requests to stop receiving Services. Customer will be obligated to pay for Services up until the date the Services are no longer provided. Customer acknowledges that this agreement shall continue in full force and effect even if Customer is no longer receiving Services.
2.5 Customer acknowledges that WeLink cannot remove or deactivate equipment at the Customer’s premise without impacting its network and that such impacts could result in outages for other customers. Customer agrees to allow WeLink up to three-hundred-sixty-five (365) days to uninstall and remove WeLink equipment from the premises in the event that the Customer chooses to terminate services or end this agreement. This period is necessary due to the time and effort required for WeLink to replace the Customer service location within the network. In the event that customer cancels Services, Customer will still provide WeLink with this three-hundred-sixty-five (365) day period to uninstall and remove equipment. Customer acknowledges that the reduced rate for Services (relative to WeLink’s standard offer) is consideration for this right and for electricity to power equipment.
2.6 If Customer does not allow WeLink the equipment uninstallation and removal period referenced in section 2.5 or section 3, Customer agrees to pay a $249 dollar fee.
3. EQUIPMENT OWNERSHIP, USE, NOTIFICATION OF MOVING
3.1 Customer acknowledges that WeLink owns all Equipment and that WeLink retains the right to exclusively and perpetually use the Equipment for any of WeLink’s commercial purposes (and the commercial purposes of any third-parties with whom WeLink has an agreement or other commercial relationship), as determined by WeLink in its sole discretion, and Customer agrees that it is not entitled to any compensation as a result of said use. Customer agrees to use the Equipment exclusively in connection with its receipt of the Services.
3.2 Customer warrants that it is the owner of the Premises and/or that Customer has the right and authority to grant WeLink the rights set forth in this Agreement and to comply with this Agreement. If at any time Customer is no longer the owner of the Premises or has the right to grant access and use of the Premises in accordance with this Agreement, Customer warrants that he/she will take all reasonable steps to assign this agreement to the subsequent owner and will use reasonable efforts to cause the subsequent owner to grant WeLink the rights set forth in this Agreement and comply with this Agreement. If Customer is unable to assign this agreement to the subsequent owner, or if that subsequent owner requires WeLink to uninstall, or remove, or depower, the equipment before the end of the three-hundred-sixty-five (365) day period referenced in Section 2.5, Customer will be pay WeLink a $249 fee. Customer agrees to notify WeLink one-hundred-and-eighty (180) days prior, or as soon as reasonably practicable, that the Customer is moving from the Premises as a result of a transfer of ownership of or property rights to the Premises. All provisions of this Agreement that relate to WeLink’s rights and Customer’s obligations with regard to the Equipment and Premises shall survive any termination or expiration of this Agreement or the Services.
4. LIMITATION OF LIABILITY
4.1 The limitation of liability set forth in this section applies to any acts, omissions, and negligence of WeLink and its third-party providers, agents, and suppliers (and each of their respective officers, employees, agents, contractors, and/or representatives). To the extent permitted by law, Customer agrees that WeLink will not be liable to Customer or any third-party for direct, indirect, special, incidental, consequential, punitive, or exemplary damages whether arising under this Agreement or otherwise arising out of or related to the Agreement or Services, including any acts or omissions by third-party providers, agents or subcontractors of WeLink, or relating to any service furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails. In no event shall WeLink’s aggregate liability under or arising out of this Agreement exceed the amounts paid by Customer for the Services in the twelve (12) months prior to the incident giving rise to the claim; provided, that notwithstanding the foregoing, in the event that WeLink’s system installation, or regular service or maintenance causes damage to Customer’s Premises, WeLink shall use commercially reasonable efforts to repair any such damage as soon as reasonably practicable.
4.2 Customer shall have no liability for injuries to WeLink personnel or subcontractors suffered during the installation process or during maintenance/service visits; provided that Customer shall inform WeLink prior to installation or maintenance of any areas of the Premises where WeLink should not enter because of hazards on the Premises, including unrestrained dogs or animals.
4.3 WeLink personnel and subcontractors will utilize proper safety measures, including but not limited to, personal protective equipment and fall protection, during installation and maintenance activities.
5. CONSENT TO MOBILE CALLS/TEXTS
You expressly authorize WeLink and its affiliates to call you at the telephone number(s) (Including cell phone numbers) Provided above regarding this account and additional offers, products or services using an automated dialer or a prerecorded or artificial voice. You understand that you are not required to give this authorization as a condition of subscribing to the services.
6. CONSENT TO ELECTRONIC SIGNATURE AND DELIVERY OF ELECTRONIC RECORDS
By initialing electronically below, I certify that I have access to an internet connection and an electronic device with a modern browser, equipped with ability to view a PDF file, and that I have access to an email account, through which I can view, download, and retain these documents as necessary. I consent to the use of electronic signatures in connection with this Agreement and to receive all notices and a copies of documents, including those that are legally required to be delivered to me in writing at the email address I have provided to WeLink. I also understand that I may withdraw this consent at any time by sending an email to optout@welink.com with the subject line “Opt-Out.”
7. Price promise
WeLink will not increase the rate shown in the monthly Service Fee before, during, or after the Initial Term of this agreement so long as the customer maintains an active internet service subscription with WeLink and continues to pay for Services. Customer acknowledges that the Service Fee as described in this agreement may be subject to federal, state, and local taxes. Customer also acknowledges that they are responsible for paying all such taxes and fees. WeLink will add any applicable taxes and fees to the Customer invoice amount each month, in accordance with such jurisdictions.
8. REPAIR SERVICE/RELOCATION
Customer agrees to notify WeLink of any damage, abnormality, or malfunctioning of the System. During the term of this Agreement, WeLink will repair or service the System at no charge to the customer. In the event that a Customer schedules an appointment for service with WeLink, the Customer is expected to either be at the Premises or have a designated individual over the age of 18 at the Premises. WeLink can service or repair the System in any commercially reasonable manner within its sole discretion and may keep all replaced parts. WeLink will make commercially reasonable efforts to notify the Customer b service the system and make any necessary repairs as soon as possible and during WeLink’s normal business hours. To request repair service, Customer must call or write to WeLink at the address and telephone number at the top of this Agreement and provide a detailed description of the System issue.
9. Installation of broadband network system and equipment
Customer grants WeLink permission to install all standard rooftop and wall-mounted Equipment. Standard Equipment includes up to 5 network receiver devices (measuring approximately 4.5” x 4.5” each) mounted to the Premises using non-penetrating roof mounts, 1 WeLink network power device containing electronics and backup batteries mounted to an exterior wall and connected to the Premises’ existing electrical system, and 1 WeLink high-speed modem mounted on the inside of the Premises. The Customer acknowledges that all such Equipment must be installed in the specified location(s) for each item and such a manner as to comply with applicable state laws and regulations fully. WeLink will schedule a designated time with the Customer to install all such Equipment as stated above. The Customer acknowledges that multiple visits may be required to complete all necessary installations and Equipment setup prior to activation of services. Following the installation of such Equipment, the Customer grants WeLink uninterrupted access to the Premises to perform network and Equipment maintenance through the life of the agreement. WeLink will use commercially reasonable efforts to provide notice by SMS, email, telephone, or by any other means before WeLink accesses Customers Premises. Customer will approve locations where the Equipment will be installed, which may replace Customer’s existing devices. WeLink is not responsible for installation delays due to Force Majeure Event (as defined below). Customer has an affirmative duty to inform WeLink, prior to WeLink beginning installation, of every location at the Premises where WeLink should not (because of concealed obstructions or hazards such as pipes, wires, or asbestos) or structural issues or existing damage such as damaged siding or fascia enter or drill holes or otherwise disturb the Premises. WeLink will take reasonable precautions to avoid concealed obstructions or hazards but has no means of determining with certainty if they exist. WeLink will not be liable in any way for any costs associated with damages to the Premises unless caused by WeLink and not directly attributable to preexisting damages or conditions. If asbestos or other hazardous material is encountered during installation, WeLink will cease work until Customer has, at Customer’s sole expense, obtained clearance from a licensed asbestos abatement or hazardous material contractor that continuation of work will not pose any danger to WeLink personnel. In no case shall WeLink be liable for discovery or exposure of hidden asbestos or other hazardous material. Unless so notified, WeLink will determine where to place all standard Equipment. Customer shall also inform WeLink prior to installation of any areas of the Premises where WeLink should not enter because of hazards on the Premises, including unrestrained dogs or animals. Customer will have the right to review and inspect all Equipment after WeLink completes the installation of such Equipment.
10. MAINTENANCE OF THE SYSTEM
Customer will permit WeLink and its personnel, sub-contractors, or third-party representatives, access to the exterior of the Premises, including the roof, for the purposes of maintenance to ensure Equipment is properly functioning. WeLink will notify the Customer of such work by email, phone, text/SMS, knocking on the door, or any other means to alert Customer of the need for WeLink to maintain, repair, replace, or install additional Equipment on the site.
11. POWER
Customer agrees to maintain power at the Premises and to allow WeLink’s Equipment to remain connected to this power. Customer will not be reimbursed for this power, provided that the power used by the equipment is measured or estimated to be under one-hundred-and-fifty kilowatt hours (150 kWhs) per month.
12. SUSPENSION OR CANCELLATION OF THIS AGREEMENT
Customer understands that WeLink may stop or suspend the Services for any reason upon thirty (30) days prior written notice, and immediately if: (A) a Force Majeure Event (as defined below) occurs or Customer’s Premises becomes so severely damaged or otherwise encumbered that continuing the Services would be impractical; (B) there is an interruption or unavailability of the Services; (C) for reasons outlined in Section 8; or (D) Customer becomes a debtor in a bankruptcy proceeding. If the Services are canceled or this Agreement is terminated for any reason, Customer authorizes WeLink to remotely disconnect Customer’s System and/or enter Customer’s Premises to disconnect Customer’s System and/or remove the Equipment, in WeLink’s sole discretion. WeLink does not waive the right to any other legal remedy for Customer default of this Agreement. WeLink agrees that it will remove Equipment from Premises within 180 days of the cancellation or termination of this Agreement.
13. ASSIGNEES AND SUBCONTRACTORS
WeLink may transfer or assign this Agreement to any other Internet service provider, as collateral to a financial institution, in connection with the change of control of WeLink or to any affiliate of WeLink. Customer may assign this Agreement to a subsequent owner of the Premises with sixty (60) days written notice to WeLink, subject to the execution of a form of customer agreement substantially similar to this Agreement. WeLink may use subcontractors to provide installation, the Services, and this Agreement shall apply to them and the work or services they provide and protect them in the same manner as it applies to and protects WeLink.
14. PRIVACY POLICY
Please review WeLink’s Privacy Policy and Terms of Use by accessing (https://welink.com/privacy/), the terms of which are incorporated herein by reference.
15. LIMITED WARRANTY AND DISCLAIMER
Customer shall assume full responsibility for the selection of Services and products to achieve the intended purpose. WeLink warrants that it will use reasonable efforts to render Services pursuant to this Agreement in a timely manner. Claim for breach of the foregoing warranty must be brought within sixty (60) days after your actual discovery of any defect. Other than as set forth in the preceding sentence, the Services and any Equipment provided to Customer by WeLink are provided “as is,” without warranty of any kind, including without limitation, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. WeLink makes no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of the data and/or information available on or residing on or passing through its networks or that the Services will be uninterrupted or error free. Customer shall be solely responsible for independent backup of their own data files.
16. PIRACY
It is a violation of several U.S. federal and state laws to receive any of the Services, or any portion of the Services, without paying for them. The penalties for violating such laws can range from imprisonment to civil damage awards of up to $110,000 per violation.
17. COMMUNICATION ASSISTANCE FOR LAW ENFORCEMENT ACT
Customer understands that WeLink, as an internet service provider, is subject to the Communications Assistance for Law Enforcement Act (“CALEa”), CALEa requires that WeLink provide certain information about Customer upon Government request, which includes but is not limited to, a subpoena, warrant or court order. In response to such Government request, WeLink may be required to disclose to law enforcement agencies the content of and records relating to telephone calls, emails messages (including attachments), internet usage data. WeLink is not required to provide notice to Grantor/Customer of law enforcement demand for information.
18. OWNERSHIP OF RESIDENCE/LANDLORD PERMISSION
Customer represents and warrants that Customer either owns the Premises at which the installation or the Services work is being performed, or, if a tenant, the Customer has obtained permission from the owner of the Premises to allow WeLink and its subcontractors to make whatever alterations considered to be appropriate for the work to be performed, which may include drilling holes in exterior and interior walls, placing screws in the roof, mounting or installing antennae masts on the roof, and/or attaching equipment or system parts to structural parts of the Premises. Customer agrees to hold WeLink, including its employees, agents, subcontractors and affiliates harmless, and indemnify and defend such parties against any claim that WeLink was not authorized or did not have proper consent of the Premises owner to enter the Premises, install the equipment, and/or provide the Services.
19. COPYRIGHT, TRADEMARK, AUTHORIZED USAGE
Nothing in this Agreement grants you the right or license to use any of WeLink’s trademarks or other intellectual property. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a non-transferable, revocable license to use such firmware or software in accordance with the terms and conditions of this Agreement, the Privacy Policy and Terms of Use.
20. ENTIRE AGREEMENT
The entire and only agreement between the Parties is written in this Agreement. It replaces any earlier oral or written understanding or agreements. It may not be changed by any oral statements or representations made by a WeLink sales representative. It may only be changed by a written agreement signed by both of the Parties unless such modification relates to a WeLink concession to Customer, in which case WeLink may unilaterally modify the Agreement by providing written notice to Customer. Customer agrees that WeLink may save and store all agreements and other documents executed by Customer in an electronic media, and all such agreements and other documents shall be given the same force and effect as the paper form originals.
21. WAIVER
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22. APPLICABLE LAW
This Agreement, including all matters relating to its validity, construction, performance, and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the State of Delaware, except to the extent state and local law where the Services are provided requires otherwise. These terms and conditions are subject to amendment, modification, or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.
23. ARBITRATION
The following is important with respect to the Agreement between WeLink and Customer. PLEASE READ CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. This Agreement requires arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, WeLink and Customer agree to arbitrate disputes and claims arising out of or relating to this Agreement, the Services or marketing of the Services Customer has received from WeLink. Notwithstanding the foregoing, either Party may bring an individual action on any matter or subject in small claims court. THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS. A Party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to WeLink should be addressed to Attn: Legal Department 1881 West Traverse Pkwy E-525 Lehi, UT 84043 The Notice must describe the basis of the claim or dispute and the specific relief sought. If the Parties do not reach an agreement within thirty (30) days after the Notice is RECEIVED, they may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”). EACH PARTY SHALL BEAR ITS OWN COSTS IN CONNECTION WITH ANY ARBITRATION. CUSTOMER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT CUSTOMER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND WELINK ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Right to Opt-Out. If Customer does not wish to be bound by these arbitration provisions, Customer must notify WeLink in writing within thirty (30) days following the date that we first give CUSTOMER notice of CUSTOMER’s right to opt-out. Customer may opt-out by mail to the Arbitration Notice Address provided above. Such written notice must include Customer’s name, address, and WeLink account number as well as a clear statement that Customer does not wish to resolve disputes with WeLink through arbitration.
Exclusions. Customer and WeLink agree that the following claims or disputes shall not be subject to arbitration: 1. Any individual action brought by Customer or WeLink on any matter or subject that is within the jurisdiction of a court that is limited to adjudicating small claims; 2. Any dispute over the validity of any Party’s intellectual property rights; 3. Any dispute related to or arising from allegations associated with unauthorized use or receipt of Services. The foregoing arbitration provisions shall survive the termination of this Agreement. If any arbitration clause is found to be illegal or unenforceable, that specific clause will be severed from this arbitration provision and the remainder of the arbitration provisions will be given full force and effect.
24. WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS
NEITHER CUSTOMER NOR WELINK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS, OR ARBITRATE CLAIMS IN A REPRESENTATIVE CAPACITY, INCLUDING WITHOUT LIMITATION AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Unless both Customer and WeLink agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
25. FORCE MAJEURE
WeLink shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of WeLink including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown or power outage (each a “Force Majeure Event”), provided that, if the event in question continues for a continuous period in excess of thirty (30) days, Customer shall be entitled to give notice in writing to WeLink to terminate this Agreement.
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
27. PROVISIONS
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under the law, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in full force and effect.
