M3 Wireless Internet Service Agreement
This is an agreement between you (the Customer) and M 3 Wireless, for high speed wireless internet service.
Terms of Agreement-This agreement will start upon activation of service. It will continue until Customer or M3 Wireless terminates service. Customer may end service and this Contract by giving M3 Wireless notice at any time following contract period. During the Contract period, Customer may end service at any time by paying remainder of contract in full or a $200.00 early termination fee, whichever amount is less.
Account Responsibility-Customer is the sole individual responsible for all activity on Customer account. This includes Customer computer or other computers used in association with Customer account.
Assignment-Customer’s rights under this Agreement may not be assigned to any third party
Availability of Service-The Service is available to Customer’s Customer Premise Equipment (“CPE”) only when the CPE is within the operating range of M3 Wireless’ Internet system. Service availability is subject to limitation or interruption due to various factors including governmental actions or regulations; acts or omissions of underlying Internet access providers; topographic, geographic and other environmental conditions; problems with the installation, operation or maintenance or the CPE; acts of God; strikes; riots; wars; and other causes beyond the control of M3 Wireless. Service availability is further subject to limitation or interruption due to capacity or transmission limitations or measures taken to prevent misuse of the Service. Customer hereby waives any claim for consequential or incidental damages related to or arising from an interruption, limitation or other unavailability of the Service and agrees that M3 Wireless’ liability for any such event shall be limited to the service fee attributable to the affected period. This Section shall survive termination of this Agreement.
SPAM-Spam is prohibited. M3 Wireless has a Zero Tolerance for Spamming. Do not Spam from a M3 Wireless Account. As explained in the Acceptable Use Policy, Spamming is information that is sent out in mass to recipients who did not solicit the information.
Costs-Customer will pay M3 Wireless a monthly service fee. The monthly service fee will be $_____ for the first six months. It will increase to $_____ after the introductory period. The monthly service will be billed in advance on a monthly basis. The initial amount of the monthly service fee is set forth above. After the end of the initial term, M3 Wireless may change the monthly service fee by giving not less than 30 days advance written notice to Customer. Non-recurring charges such as installation and maintenance charges will be billed to Customer as soon as practicable after the services have been provided. If Customer authorizes M3 Wireless to charge monthly installments to a credit card, no additional notice or consent will be required for billings to the credit card. If payment is received more than 7 days after the monthly due date, a $5 late fee will be assessed. Once Customer account is 31 days past due, service will shut off. All checks that are returned due to insufficient funds will be assessed a $45 returned check fee.
Collections-If Customer fails to pay for any service fees or other charges, Customer breeches the agreement. M3 Wireless shall be able to recover all expenses of collection, including all court costs.
CANCELLATION POLICY
You can cancel your service one of three ways.
By mail to:
M3 Wireless Inc.
841 North Van Dyke Road
Bad Axe, MI 48413
By Phone to: 989-269-2306 (9 am - 5 pm EST)
By email to: [email protected] Please include your name, address, contact phone number, customer number and the date you want the cancellation to occur.
Cancellations are processed at the end of each billing cycle. (ie. if your account invoices on the 1st day of each month and you call to cancel on the 10th, your cancellation date would be the last day of the current month). We do not offer prorated refunds.
SERVICE REFUNDS AND CREDIT POLICY
There are no refunds on installation charges. There are no refunds on equipment purchases once an order is placed and shipped from our vendor. Payment for Internet service is accepted on a month to month basis in advance. If a customer has paid more than one month in advance and cancels service with a balance on their account, M3 Wireless Inc. will refund the remaining balance as long as all equipment is returned in working order and their contract is fulfilled. Refunds will be issued after all equipment is picked up or dropped off at our store location. This refund will be issued within 30 days of receipt of all equipment. If all equipment is not returned to M3 Wireless Inc. in working order, then M3 Wireless Inc. reserves the right to subtract the cost of the equipment from the account balance.
All wireless Internet plans are sold on a monthly basis. We do not extend credit for equipment purchases, monthly Internet service, or service calls. All invoiced balances are due on the 1st of the month.
DOWNTIME /M3 Wireless Inc. RESPONSE
It is the policy and full intention of M3 Wireless Inc. to deliver the best possible service to its customers. M3 Wireless Inc. enjoys an annual uptime average in the 98% bracket translating to 357.70 days of uninterrupted service. Credit or refunds will not be given for outages due to network issues on our end until the 15th day of interrupted service. Network outages caused by other outside circumstances will be given no consideration for refund or credit.
Liability and Warranty Limitations-M3 Wireless is only responsible for M3 Wireless equipment. If M3 Wireless equipment installed at Customer location is damaged due to an Act of God or if the M3 Wireless equipment fails, M3 Wireless will be responsible for replacing the equipment. If Customer equipment is damaged, M3 Wireless is not liable. Customer equipment is the sole responsibility of the Customer. M3 Wireless will not be held responsible if there is failure or damage to equipment causing internet down time.
Non-Waiver-M3 Wireless’ delay in exercising or its failure to exercise any right hereunder shall not constitute a waiver of the right to exercise the same or any other right at any time thereafter.