Beruflich Dokumente
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The following terms and condition apply to Broadband Internet Service, in addition to EZ
Comm general terms and conditions, which can be seen on the EZ Comm. website at
www.myezcomm.com or obtained in the hard copy from any EZ Comm Office.
None of the terms below limit any of your rights under EZ Comms general terms and
Conditions
1. Service Agreement. By executing the EZ Comm Service agreement, EZ COMM
agrees to provide, and Customer agrees to accept, Service in accordance with the
terms and conditions set forth below and in the Service Agreement.
2. EZ COMMs Obligations: EZ COMM will provide the customer with internet
services and necessary IP network addresses for use on the network. Additional IP
addresses requested by the customer will attract a fee. EZ COMMs responsibility
shall end at the point where the wireless equipment connects to the customer's
computer or Network.
3. Customers Obligations: EZ COMM assumes that the customer has a qualified
Network Administrator to take care of all internal Network problems once in
place.
4. Interconnection: This Agreement applies to the client's interconnection to a
EZ COMM Network through a dedicated link installed at the customer's premises.
It does NOT include maintenance or troubleshooting of any internal problems on
the customer's network.
5. Technical Support: The EZ COMM Technical Support Centre points of contact
will be given to the client during the service startup period. The support team will
be available to help the client with problems regarding the optimum Internet
connectivity into EZ COMM and the Internet. However, in the event of an
inevitable site visit, the client will be required to pay an onsite consultation fee if
the problem encountered is internal and not EZ COMMs fault.
6. Term of the Agreement: The term commitment is a minimum of one year.
Any longer term should be indicated on the first page of this Agreement. Upon the
expiration of the term, this agreement will automatically renew unless either party
terminates this Agreement pursuant to section 14.
7. Disclaimer Of Warranty: EZ COMM exercises no control over the content of
the information passing through its network. EZ COMM makes no warranties of
any kind, whether express or implied for the service it is providing. EZ COMM
will not be responsible for any damage suffered by the client as a result of use of
the EZ COMM network or hub. This includes loss of data resulting from delays,
non-deliveries or service interruptions. Use of any information obtained via
EZ COMMs network is at the client's own risk. EZ COMM specifically denies any
responsibilities for the accuracy or quality of information obtained through its
services.
8. Limitation Of Liability: Notwithstanding anything else to the contrary stated
or implied herein, neither party shall have any liability to the other or any third
party, including clients, whatsoever for any indirect incidental, consequential,
punitive or special damages, including Joss of revenue, or loss of business
suffered by the other or by any assignee or other transferee of the other, or any
third party even if informed in advance of the possibility of such damages, except
in connection with the indemnification provisions of section 7 of this agreement.
9. Assignment: In the case of a merger, acquisition, sale of an, or substantially
all, assets associated with this Agreement, EZ COMM may also at any time assign
this agreement to an EZ COMM subsidiary. The client will be notified in writing 30
days prior to such assignment.
10. No Publicity: The terms of this agreement, including without limitation, both
parties shall hold the prices, confidential, except as required or appropriate to be
disclosed to a party's legal, financial, or accounting advisers. Other than
identifying EZ COMM to the clients neither party shall publicize the existence of
this agreement without the consent of the other, except as may be required by
applicable law or regulation. All press release materials shall be reviewed and
approved by both parties.
11. Downtime: If the client notifies EZ COMM corporate support immediately
upon failure to access EZ COMM host computers and points of presence
(EZ COMM Network) and EZ COMM determines in its reasonable commercial
judgment that EZ COMMs Network was unavailable to the client, the remedies set
forth shall apply if service was unavailable more than 24 hours. EZ COMM shall
provide the customer with a credit equal to
1/30 of the recurring monthly charge for service for each twenty-four hour period from
time of notice of interruption until service restoration. The remedies set forth shall not
apply if unavailability of EZ COMM 's Network is due to mistakes, omissions,
interruptions, delays, errors, defects or curtailments caused by the negligence or
willful act of the customer or others or failure of client's equipment or servers,
client access connections, network unavailability outside EZ COMMs Network
Credits will not apply to charges for credit access or any charges for services other than
IP connectivity. Clients with multiple connections will not receive credits pursuant to this
paragraph if at least one connection continues with service available. Clients
account shall not be credited more than once per month pursuant to this
paragraph. There shall be no credits, reductions, or setoff against the charges for
customer and EZ COMM will not be held liable for any security breaches
suffered by the customer as a result of hackers. By signing this
agreement, the customer undertakes to take all necessary measures to
secure their local network from possible external breaches.
19. Operating Systems and Patches: The customer undertakes to
insure that all the computers that will be connected to this service are
running secure operating systems with all recommended security patches
and service packs. EZ COMM may restrict use of this service if any
computer in the customer's network is deemed to be responsible for
unauthorized port scans, generation of virus or worm activities that affect
other Internet hosts. The customer shall be notified and requested to take
remedial measures before normal services can be restored. If the
customer engages EZ COMM to cleanup the network or computers, a
standard callout charge shall be demanded from the customer.
20. Bandwidth Allocation: The customer understands that this is a
shared service and therefore at certain times the service may be slower or
faster depending on the number of subscribers online at any given time.
For this purpose, EZ COMM has provided a guide on how many
computers can be connected to the link on a particular service plan.
EZ COMM may, however, allocate more bandwidth than what the
customer has subscribed to during off-peak.
21. Modem Return Policy: EZ COMM makes every effort to adequately
advise customers regarding the performance and signal availability of the
wireless modem. However, in the event that the customer purchases the
equipment and finds that it does perform according to expectation,
EZ COMM will refund the full cost of the equipment provided the
following conditions are met:
The equipment must be returned within 2 working days from
the date of purchase
The equipment and all accessories must be returned in its
original packaging and in working state.