Terms of Service
Services Contract ("Agreement") is made and entered into, by and
between SkyNet Communications LLC., a Montana Limited Liability Company, having
its place of business at 101 East Mendenhall Suite F, Bozeman MT 59715 ("SkyNet")
and all service customers
("Customer"). In consideration
of the following mutual covenants and promises, and other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto
mutually agreed to terms of service as follows:
Term : The term of this agreement shall be defined on the
Customer service order. If not stated
service will be provide on a month-by-month basis.
Option to Extend : If the customer wishes to extend the term of this
Agreement, the cost of services will be re-negotiated at that time, on a monthly
basis, until final termination of the Agreement.
At the termination of the original term and extensions
described above Customer shall have the right to extend the term of this
agreement on a monthly basis, at the current SkyNet rates as long as SkyNet
Services : SkyNet will supply those services set forth and described
in the attached letter agreement ("Customer Service Order"), as
accepted by Customer, the terms of which are incorporated herein by this
reference. The Customer Service Order delineates the services to be performed
by SkyNet for Customer ("Services"), estimates of the costs of SkyNet
Services and/or the schedules of fees applicable to the Services. The parties
hereto understand and agree that the terms of the Customer Service Order may be
changed, modified, renewed or extended in whole or in part. Such changed,
modified, renewed or extended Customer Service Order shall likewise be referred
to herein, collectively as " Customer Service Order".
Invoicing : Invoices shall be submitted by E-Mail to Customer on a
monthly basis for the fees outlined in attached "Customer Service Order".
Payments for services are due on the Service anniversary date of each month.
The Customer shall pay by credit card all submitted SkyNet invoices on or
before the Service anniversary date of each month. If SkyNet does not receive
payment by the Service anniversary date of each month, service will be suspended
within 3 days. A $10.00 will be assessed
for each time that an account must be re-activated. Should the account balance remain unpaid for
more than 15 days it will be terminated and referred for collection of both the
unpaid balance and any fees associated with termination and collection.
Taxes : The Customer agrees to and shall pay all federal, state
and local service, sales, use and excise taxes, which may be assessed in
connection with services performed by SkyNet hereunder.
Unforeseen Interruption of Services : SkyNet shall notify Customer as soon as it is practicable
in the event that SkyNet is required to interrupt, either partially or fully,
the Services being provided by SkyNet to Customer. Such interruptions are shall not be deemed a
EXCEPT AS EXPRESSLY SET FORTH
IN OR CONTEMPLATED BY THIS AGREEMENT, IN THE CASE OF REFUND FOR LOST SERVICES,
CREDIT WILL BE ISSUED ONLY FOR PERIODS OF LOST SERVICE GREATER THAN FORTY EIGHT
In the event of lost services greater than 48 hours, SkyNet
will prorate the refund for the lost service time in respect to the Customer’s
monthly access charges. No refund will
be given for any lost time under 48 hours. However, SkyNet will expedite the
repair and or replacement of any equipment that SkyNet maintains ownership of. SkyNet will not be held responsible for the external
Internet connections provided to us from our vendors.
Assignability : The customer herein agrees not to assign this contract in
whole or in part without first obtaining the consent of SkyNet in writing.
Legal Expenses : Should it be necessary for either party hereto to resort
to legal action to enforce any of the provisions of this contract, it is agreed
that the court shall award a reasonable attorney’s fee and court cost to the
substantially prevailing party.
Prior Agreement and Agreement Binding Upon Successors in Interest : This agreement supersedes all prior agreements and
understandings between the parties hereto relating to the subject matter hereof
and there are no agreements or representations between the parties hereto
relating to the subject matter hereof and there are not agreements or
representations between the parties relating to the subject matter hereof other
than those expressly contained herein.
This agreement may not be modified orally and no attempt at modification
or amendment shall be binding unless it is in writing and signed by the parties
This agreement shall be binding upon and insure to the
benefit of the heirs, executors administrators, personal representatives,
successors or assigns of each of the parties hereto.
THE AGREEMENT AND REMEDY PROVIDED ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AGREEMENTS.
Interpretation : Both SkyNet and Customer have read each and every term to
this agreement and fully understand the meaning thereof such that any canon of
interpretation construing ambiguities against the drafting party shall not
Right of Termination : Either party shall have the right to terminate this
Agreement, as well as those obligations set forth in any then current Customer
Service Order upon not less than forty-five (45) days prior written notice to
the other party. “Customer” may choose
to not have service installed without cost prior to SkyNet dispatching
installation personnel. Any cancellation
of service after the dispatch will be assessed a service call fee equivalent to
the install/activation fee. However, should the “Customer” elect to, or SkyNet
require termination because of Customer abuse or late payment, terminate
earlier than the term of signed contract, such termination shall carry a
penalty to be calculated as the remaining monthly reoccurring service payments
plus all costs associated for the recovery of SkyNet equipment or $500 which
ever is greater. This payment is
immediately due to SkyNet upon contract termination.
Customer agrees to provide immediate restitution upon
termination by having any termination charges billed to the current credit card
on file with SkyNet. SkyNet at its
option may accept Money Order, or Cashiers Cheque as well.
At time of termination Customer agrees to return
all SkyNet equipment in good working order within 2 weeks of termination. Customer agrees to provide immediate
restitution upon non return of equipment by having a $500 equipment charge
billed to the current credit card on file with SkyNet.
Indemnity and Liability :
OTHERWISE SPECIFIED SKYNET SHALL NOT BE LIABLE FOR ANY LOSS, INCONVENIENCE, OR
DAMAGE, INCLUDING DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR INABILITY TO USE A PRODUCT, WHETHER RESULTING FROM
BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF SkyNet HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH INCONVENIENCE, DAMAGE, OR LOSS.
(b) IN THE EVENT SKYNET IS UNABLE TO ASSIST YOU IN
A TIMELY FASHION, OR THE SERVICE PROVIDED HEREIN OTHERWISE FAILS ITS ESSENTIAL
PURPOSE, OR THE CUSTOMER HAS ANY OTHER CLAIM ARISING OUT OF ITS USE OF THE
SERVICE (EXCLUSIVE OF A CLAIM FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE
PERSONAL PROPERTY), CUSTOMER'S RECOVERY OF ANY DAMAGE OR LOSS SHALL BE LIMITED
(c) SkyNet liability to Customer for any direct
losses (INCLUSIVE OF A CLAIM FOR PERSONAL INJURY) or damages to tangible
property, arising out of this Agreement shall be limited to the actual value of
such property and/or costs incurred for such injury. SkyNet’s total liability
for any loss arising from Services, damage or injury under this Agreement shall
not exceed $500.00.
(d) The Customer shall give written notice to SkyNet
of any losses or damages to such property and shall provide SkyNet with a
reasonable opportunity to remedy such loss or damage. In no event shall SkyNet
be liable for any consequential or incidental damages, such as loss of profits
and/or loss of use, arising from the services to be performed hereunder.