1. AGREEMENT
This Service Agreement governs customer’s purchase and use, in any manor, of all Services (or simply “Service”) as described in the Order Form (Order) and ordered by customer and accepted by NextMetro, LLC (DBA “BroadAspect”). Services such as Voice, Cloud IaaS and Information Technology shall be bound by the specific Service Agreements described in this section. If Order contains Voice Service(s), then the Voice Service Agreement found at https://www.broadaspect.com/voice-services-agreement shall govern the customers purchase and use of the specific Voice Service line items contained on the Order. If Order contains Cloud IaaS Services or Information Technology (IT) professional services then the Cloud IaaS Services Agreement found at https://www.broadaspect.com/cloud-iaas-services-agreement shall govern the customers purchase and use of the specific Cloud IaaS and IT service line items contained on the Order. All other service line items contained on the Order shall be governed by this Agreement. This Agreement describes the terms and conditions that apply to such purchase and conditions contained in this Agreement (along with any Addendum and any policy or guideline incorporated by reference) and may be updated by BroadAspect from time to time in its sole discretion. Any modifications will be effective upon posting of the revisions to this web site. BroadAspect may post changes or modifications to be referenced policies and guidelines without notice to you. By establishing an account or using the Services listed on the Order, you agree to be bound by this Agreement or the Voice Services or the Cloud IaaS Services Agreement. Your continued use of the Services following BroadAspect posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY BROADASPECT OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANOR DESCRIBED BELOW.
2. TERM
The initial term of this agreement is stated on the Service Order or if not stated, is twelve (12) months from the date that the Service is first installed ("Activation Date"). The agreement will auto-renew for additional twelve (12) month periods ("Renewal Term") after the initial term and at the end of each successive renewal Term unless customer provides written notice to BroadAspect thirty days (30) in advance of the end of each Term. BroadAspect reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other BroadAspect services may change at any time upon 30 days notice and will be posted on the BroadAspect website: www.BroadAspect.com Current rates may also be obtained by calling 703-443-8274.
3. CANCELLATION
If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply.
Cancellation of the Service by you before the initial term (or renewal terms) of the agreement ends will result in the balance of all monthly payments becoming due and payable unless you subscribe to BroadAspect’s Non-Stop Internet Service. An early cancellation fee of $99 will be charged if you cancel prior to installation (although no early-termination penalty will apply.) If customer orders and receives Non-Stop Internet service, customer may cancel the service if two or more outages occur in consecutive months and are each thirty (30) minutes or greater in duration.
If you need to cancel your Internet Access Service, we request that you email a 30-day cancellation notice to billing@broadaspect.com. If you are unable to send an email then you may fax your notice to (703) 996-4443. Once we receive your notice, a cancellation ticket will be opened and BroadAspect will respond to your notice. Cancellation is not complete until you have received confirmation from BroadAspect that your notice has been received and processed. To process your cancellation request, we require that you provide the following in your written notice: (1) Your name and company name (2) Current phone number and address (3) Date you wish to cancel (4) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received.
Given 30 day notice, BroadAspect may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if BroadAspect, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing. Sections 1, 4, 6 of this Agreement shall survive termination of this Agreement.
4. ACCOUNT REQUIREMENTS
In order to receive the Service, customer will ensure that:
Company Officer or Authorized person executes agreement
CAT 5e cabling exists between main telephone room and customers office
5. PAYMENT
You will be charged a one-time installation/activation fee according to the Service level ordered and installed (see attached service order document). The Service will have a monthly fee based upon the Service level ordered and installed (see attached service order document). Current rates may be obtained by calling 703-443-8274 or visiting www.BroadAspect.com. BroadAspect may offer from time to time certain promotions with different terms, activation fees and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to BroadAspect at 703-443-8274. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage or services. BroadAspect is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by BroadAspect. You agree to maintain valid and current credit card information on file with BroadAspect at all times. If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay BroadAspect any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Accounts that are thirty (30) days past due on remittance of payment will result in an automatic $15 late fee. Accounts that are forty-five (45) days past due on remittance of payment will result in an automatic suspension of service. In order to reinstate service, payment for the full past due amount, including a $20 reconnection fee, must be made by credit card or check and received prior to reinstatement of service.
6. INSTALLATION
BroadAspect will provide you with professional installation of Business Broadband service as well as specific equipment ("the Equipment"). If the relationship is terminated by You or BroadAspect after the Activation Date, you will be responsible for the return of “the Equipment. Contents of the Equipment may change from time to time. The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all existing computer files. BroadAspect and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or Broadband card.
You acknowledge that this is a fixed-location service for one location only. Moving to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account.
BROADASPECT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, BROADASPECT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
BroadAspect will make its best effort to provide the Service. Because of the complex nature of high speed internet services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, BroadAspect may cancel the installation process and refund any money that you have paid. BroadAspect will notify you of its intent to cancel as soon as reasonably possible. It may take 30 to 60 days to determine if BroadAspect is able to provide service. BroadAspect shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
7. Monitoring The Service - Breach of Service
BroadAspect has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if BroadAspect, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Acceptable Use Policy (AUP) and Privacy Policy which are located at http://www.broadaspect.com/legal. BroadAspect will notify Customer if it believes that Customer has breached either the Acceptable Use or Privacy Policy. If Customer does not remedy such breach within forty eight (48) hours of receiving notice, then BroadAspect may immediately terminate service to Customer.
8. Taxes, Fees, Surcharges
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or surcharges now in force or initiated in the future, that arise from or as a result of your subscription or use or payment for the Service or a Equipment. Such amounts are in addition to payment for the Service or Equipments and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of taxes, you shall provide BroadAspect with an original certificate that satisfies applicable legal requirement attesting to tax exempt status. Tax exemption will only apply from and after the date BroadAspect receives such certificate.
9. DISCLAIMERS
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH BROADASPECT TO YOU AT NO ADDITIONAL CHARGE. BROADASPECT WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INTITIAL TERM, BROADASPECT OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF BROADASPECT’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN BROADASPECT OR ITS CONTRACTOR. BROADASPECT RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BROADASPECT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. BROADASPECT MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH BROADASPECT OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY BROADASPECT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. BROADASPECT AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, BROADASPECT’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
BROADASPECT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF BROADASPECT, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST BROADASPECT IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
BROADASPECT PROVIDES EMAIL COMMUNICATION TO CUSTOMERS AS A CONVIENENCE. BROADASPECT RECOMMENDS THAT CUSTOMERS "WHITE LIST" EMAILS FROM BROADASPECT TO IMPROVE DELIVERY OF IMPRORANT MESSAGES FROM BILLING AND CUSTOMER SUPPORT. HOWEVER, GIVEN THE TECHNICAL DIFFERENCES IN HOW THIRD PARTY EMAIL SERVICES OPERATE AND PERFORM MESSAGE VERIFICATION, BROADASPECT CAN NOT GUARENTEE THAT THESE MESSAGES WILL BE RECEIVED BY CUSTOMER.
10. ASSIGNMENT
The Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of BroadAspect, and any attempted assignment or delegation without such consent will be void. BroadAspect may assign this Agreement in whole or part. BroadAspect also may delegate the performance of certain Services to third parties, including Affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
11. JURISDICTION
This Agreement is governed by Virginia law without regard to conflict of law provisions. The federal and state courts located in Loudoun County, Virginia alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in Richmond, Virginia with respect to such matters or otherwise between you and NextMetro, LLC (DBA: BroadAspect) and waive your rights to removal or consent to removal.
I have read the terms and conditions stated in this agreement and I authorize BROADASPECT to provide our firm with the Business Class Internet service.
Internet Access Service Agreement - (unmanaged service) - Version 6.0