Service Contract:

Customer understands, acknowledges and agrees that this service contract and the MSA are subject to a binding Arbitration Agreement to resolve disputes, rather than jury trials or class action lawsuits, and also limits the remedies available to Customer in the event of a dispute.

Please read and understand the following:

  1. The Term of this Contract is month-to-month.
  2. Standard installation includes a single wire run from the radio/antenna to the router through an exterior wall. Should you require it, wire runs through attics and interior walls (INTERNAL WIRE RUNS) are assessed on a case-by-case basis and may be available for an additional fee of $125.00/hour.
  3. A Router is required to connect multiple computers or devices and is not included with installation. Pre-programmed wireless routers – owned and managed by unWired – are available for a monthly fee. On a case-by-case basis our Installation technicians can re-program customer-owned routers. Our installation crew will verify the connection is working on their laptop if they cannot connect to your computer or router. Customers can call unWired Broadband technical support for assistance with programing routers not provided by unWired Broadband, for an additional charge.
  4. Additional charges, such as a Technician Roll-Out Charge of $170.00, may be assessed if the Customer cancels the agreed upon installation appointment with less than 24-hour notice or requires additional service trips due to being unprepared for the installation.
  5. Customers are responsible to maintain current payment and contact information with UBI using the unWired Customer Hub

Terms & Conditions

In consideration of the terms and conditions listed in this Service Contract and in the MSA, the Customer (as indicated above) and unWired also agree as follows:

Terms

The Customer agrees that the Service Term of this Contract starts on the Service Activation Date.

Early Termination of Contract

In consideration for the Services, Customer has received benefits, sometimes including but not limited to reduced monthly service fees. Accordingly, upon early termination of the Contract during the Contract Term, Customer shall pay the ETF amount, a sum of which the Customer agrees represents a reasonable approximation of unWired’s damages for early termination and is not a penalty or forfeiture. Customer must provide notice of early termination according to the requirements in Section 7 of the MSA. If via email (billing@getunwired.com), or postal mail to unWired Broadband, Inc., 215 W. Fallbrook Ave., Ste. 203, Fresno, CA 93711, or by calling unWired Customer Care at 559-261-4444.

Installation Fees

Customer shall pay for any installation fee(s) listed in this Contract in full as detailed in the first monthly invoice.

Authorization

Customer authorizes unWired’s Authorized Parties, to enter onto the Property to install and maintain unWired Equipment necessary for Customer to receive the Services.Customer represents and warrants to unWired that Customer has full authority to enter into this Service Contract, without obtaining approval of any other person, and acknowledges that unWired is replying upon such representation and warranty to proceed with installation of any required unWired Equipment. Customer agrees to indemnify unWIred for any liability arising out of or in any way connected to acts reasonably preformed by unWired’s Authorized Parties in reliance on Customer’s representations of authority. Additionally, in the event that unWired arrives on location for the installation of the unWired Equipment, of activation of the Services, and the Customer does not or did not have the authority to authorize the installation, resulting in unWire having to remove equipment, relocate its equipment or reschedule the installation, Customer may be subject to a “Technician Roll-out Charge” of ONE HUNDRED SEVENTY DOLLARS ($170.00 US).

Service Fees

The Customer agrees to pay the Monthly Recurring fee indicated above for each month of the Service Term. The Due Date for all payments are twenty (20) calendar days after invoice date when paying by check or due upon receipt if paying by credit card. All payments received ten (10) calendar days past the Due Date for Standard Internet Services will be considered late and subject to a $10.00 Late Fee for each month overdue. Accounts past due fifteen (15) calendar days or more may be suspended without notice. All accounts shut off for non-payment or suspended outside of Service Contract terms may be subject to a Service Reinstatement fee of $25.00.

Invoicing

Bill cycle date is established by your installation date. Monthly invoices will be generated for a service period starting and ending on the same day of the month as your initial installation date going forward.

Single prices shown above for multiple services or multiple locations will be allocated among the individual services for the purpose of applying applicable taxes and regulatory fees and also may be divided on the Customer’s invoice by location served. Invoices and account history can be viewed through the unWired Customer Hub at https://hub.myunwired.com.

Payment

Installation fees and first month’s Monthly Recurring Fee are billed immediately upon service activation. Payment may be made by credit/debit card or ACH. Customers on higher level plans may submit a request for permission to pay via check with a Net 20 term. Recurring Monthly Fees will be automatically debited monthly using the debit card or credit card on file.

Credit/Debit Card or ACH Authorization; (If Applicable)

Customer authorizes unWired to charge Customer’s credit card or debit card for the Services, and all recurring charges due to unWired under the Service Contract, including any applicable Early Termination Fees. In the event Customer’s ACH payment method fails to provide payment to unWired for any reason, Customer shall pay a $25.00 (US) ACH Fee and remain liable for amounts due under this Service Contract and shall provide another method of payment to unWired. Customer is responsible to maintain current payment information with UBI using the unWired Customer Hub at https://hub.myunwired.com.

I hereby authorize unWired Broadband, Inc. to charge the indicated credit/debit card or bank account Monthly Recurring Fees associated with Services provided, including, if necessary, adjustments for any changes to my account. I agree that the periodic charge will be applied to my credit/debit card or bank account according to my unWired account billing cycle. In order to cancel the recurring billing process, I am required to arrange for an alternative method of payment. Payment information can be managed using the unWired Customer Hub at https://hub.myunwired.com. If unWired is unable to process my payment; I will be responsible for an alternate payment arrangement and any resulting processing fees that may be incurred. I also agree that I will not dispute any charges with my credit/debit card or bank account company without first making a good faith effort to remedy the situation directly with unWired.

Managed Services

When Customer subscribes to any Managed Service unWired offers, Customer agrees to the terms set forth in this Service Contract and payment of the additional monthly fee. Subscription to any Managed Service may be terminated with a ten (10) calendar day advance notice. unWired will provide remote assistance for Managed Services at no additional costs. If unWired is unable to troubleshoot Managed Service equipment remotely or on site, Customer will return the Managed Services equipment to unWired Managed Services, 215 W. Fallbrook Ave., Ste. 203, Fresno, CA 93711, in person or by mail. If the Customer chooses to mail the equipment, use the same address as noted in this section; please package the equipment with care to reduce the potential for equipment damage. If the Managed Service equipment is received in damaged condition Customer will be billed and is responsible to pay market value replacement cost for the Managed Service item(s) unless damage is caused by shipper can be verified.

Guarantee of Service

unWired offers “Asymmetrical,” “Symmetrical” and “Enterprise” plan types. The Guarantee of Service for “Asymmetrical” and “Symmetrical” plans are 75% of the Maximum Information Rates (MIRs). The Guarantee of Service for “Enterprise” plans are 100% of the Maximum Information Rates (MIR’s). unWired guarantees it will provide service and reasonably undertake to meet these specifications.

Service Level Agreements (SLA’s) and PerformanceGuarantees

Only Enterprise Internet Service include SLA’s. (For more information, please see details on our website at (www.getunwired.com/slas/). Tier 1-4 Standard Internet Services, and Tier 5 Premium Internet Services are subject to performance Guarantees as detailed in Section 4 of the MSA

Upgrading or Downgrading Service Plan Levels

The Customer may “Upgrade” or “Downgrade” to a higher or lower “tier level” of Services at any time during the Contract Term, except as noted otherwise herein and in the MSA. Enterprise Level Plans Customers receiving a Special Incentive or Promotion may not be downgraded until the original contract term has been completed. Further, Customer understands, acknowledges and agrees that unWired may change the terms of this Service Contract, including the above reference Monthly Recurring Fee with 30-days written notice prior to the expiration of the Service Contract Term.

Equipment Recovery

Upon termination of a Service for any reason, unWired or its representative will contact Customer to schedule a mutually acceptable time and date for retrieval of unWired Equipment located on Customer’s Property. Alternatively, unWired may request that Customer package unWired Equipment within ten (10) calendar days following unWired’s contact, or if Customer does not ship the unWired Equipment to unWired within the 10 days, then Customer is responsible to pay the market value replacement cost of such equipment, up to five-hundred dollars ($500 US) for an individual piece of equipment.

Upon Termination of a Managed Service, Customer is responsible to return the Managed Service equipment to unWired Managed Services, 215 W. Fallbrook Ave., Ste. 203, Fresno, CA 93711, in person or via shipping company with tracking information supplied to unWired. If the Customer chooses to ship, use the same address as noted in this section; please package the equipment with care to reduce the potential for equipment damage. If the Managed Service equipment is received in damaged condition, or not received, Customer will be billed and is responsible to pay market value replacement cost for the Managed Service item(s). If a tracking number is not provided or the equipment is not returned in person within 10 calendar days, the customer will be billed for the replacement cost of the equipment.

Moving or Transferring Service

If Customer moves to a location outside of the unWired coverage area, Customer shall pay the ETF as stated previously. Customers understand, acknowledge and agree that in addition to any ETF, Enterprise Internet Services that utilize Enterprise level connections may be subject to FCC relicensing fees. These fees will be disclosed at the time of the transfer or move request.

Moving or Transferring Service

If Customer moves to a location outside of the unWired coverage area, Customer shall pay the ETF as stated previously. Customers understand, acknowledge and agree that in addition to any ETF, Enterprise Internet Services that utilize Enterprise level connections may be subject to FCC relicensing fees. These fees will be disclosed at the time of the transfer or move request.

Text Messaging and Telephone Calls

You hereby agree that unWired may contact you by telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with an unWired account. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Customer and the individual signing represent that such individual has the authority to bind Customer to this Service Contract and authorizes unWired to be able to contact and send text messages to any/all contacts listed on said account. You also understand that you may opt out of receiving text messages from unWired at any time, either by replying the word “STOP” using the mobile device that is receiving the messages, or by contacting unWired support to Opt-Out.

I hereby certify that I have read and that I understand, acknowledge and agree to this Service Contract and unWired’s MSA, Privacy Policy and AUP, which have been incorporated by reference.