Download Riptide Service Agreement pdf

By using the services you acknowledge that you are an adult (18 years or older) and you have read and understand the terms and conditions and agree to be bound by the terms and conditions. Riptide Wireless will commence processing the order and will incur expenses and obligations immediately.

If you do not agree to be bound by the terms and conditions, then you may not use the services and you should cancel your order. If you do not agree to be bound by the terms and conditions, Riptide Wireless will be under no obligation to provide you with the services.

The service order and terms and conditions form the agreement between Riptide Wireless and the customer for purchase of all services offered by Riptide Wireless.

1. Services: Customer agrees to purchase telecommunication and / or access services from Riptide Wireless. Customer shall be responsible for obtaining and maintaining equipment needed to access, connect, or use the services. Customer shall be responsible for insuring that all equipment is compatible with the services. Services provided by Riptide Wireless are for the sole use of the customer and not for resale of any kind without the prior written consent of Riptide Wireless. Customer agrees to pay all fees and charges incurred on its account for the service. Riptide wireless reserves the right to change the rates and charges for renewal term by providing customer with 30 day written notice in advance of the change.

2. Billing: Customer agrees to pay all charges to customer account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide Riptide Wireless with all accurate and complete billing information including customer's legal name, address, telephone number and credit card information. Customer agrees to report all changes in this information within 30 days including any change on credit card, or expiration date of credit card. The monthly fee is due the first day of each month and considered late by the 5th. Customer agrees to pay all charges for rejected checks or credit cards. If payment is not made within five (5) days from the date payment is due a fee of 1.5% per month of the outstanding balance on customer's account or $15 dollars whichever is greater (not to exceed the maximum rate permitted by law). Customer is responsible for all attorney and collection fees arising from our efforts to collect any unpaid balance. Accounts unpaid after 30 days may result in termination of account. Such interruption of service for failure to pay odes not relieve customer of the obligation to pay for the outstanding balance and for the remaining balance owed under the service agreement. Customer agrees to pay a $250.00 fee to reactivate service following interruption.

3. Intended use of service: Customer agrees not to use the services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to Riptide Wireless acceptable use policy (AUP) as set forth on Riptide's Website and maybe amended from time to time. Transmission of any material in violation of federal or state law or regulation, including, but not limited to copyrighted material, messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation is prohibited and Riptide Wireless reserve the right to suspend or terminate the service in the event of such a violation.

4. Term and Termination: These terms are effective on the date the customer complete and sign the service order. The service order shall automatically renew for successive periods equal in length to the initial term until terminated in writing. All termination notices must be sent to the address on the service order. Either party may terminate the service order agreement with a 30 day (30) written notice prior to the automatic renewal date. Customer acknowledges that Riptide Wireless will incur significant expense once a customer orders service. Customers will be subject to a $250.00 termination charges once service has been ordered. A customer who terminates the services after installation of the service but prior to the end of initial term, may be liable for any or all of the following termination charges: 1. An amount equal to the monthly recurring charge multiplied by the number of months remaining on the initial term, 2. An additional termination charge in the amount equal to any promotional credit, discount, or fee waiver. Termination charges are billed in one lump sum and shall be payable immediately upon termination.

5. Services: The services provided by Riptide Wireless are provided "as is", and Riptide Wireless makes no warranty of any kind, expressed or implied including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement, or any warranty regarding the reliability or suitability for a particular purpose of its services. Riptide Wireless will make all efforts to provide service and avoid downtime. Customer acknowledges that Riptide Wireless is not liable for any errors or interruption in the service. Under no circumstances shall customer hold Riptide Wireless responsible for any form of damages or losses suffered from delays, direct or indirect, incidental losses, including loss of business, loss of earnings, or failure to perform. Neither party shall be liable for any failure or delay caused a result of acts of god, earthquake, flood, riot, sabotage, governmental acts, acts of nature, loss of line of sight, or radio interference.

6. Choice of Law: These terms and conditions shall be construed in accordance with the laws of the state of California (excluding rules regarding conflicts of law) and the United States of America. Applicable to agreements made and to be performed entirely in the state of California.

7. Entire Agreement: Agreement, the Service order, and all references herein constitute the entire agreement between the parties with the respect to the subject matter hereof, and supersede all prior or current agreements, agreements, or proposals, oral or written, all previous negotiations, and all other communications between the parties with respect to the subject matter hereof.

8. Assignment: Any assignment of this agreement without prior written approval shall be void.

9. Customer Requirement: Unless otherwise specified customer shall provide and maintain all its own security/ i.e. firewall/ and or router, and own networking including IP addressing.

10. Sever ability: In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these terms and conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the terms and conditions will remain in full force and effect.

11. Arbitration: Any controversy, claim or dispute between the parties arising out of or in connection with this agreement, which cannot be amicably settled between the parties, for damages in excess of five thousand dollars shall be settled by binding arbitration in accordance with the rules of conciliation and arbitration for the international chamber of commerce by and arbitration board consisting of three (3) arbitrators selected in accordance with said rules. Arbitration shall take place in Orange County, California. The arbitration shall be final and binding on both parties of this agreement and shall not be subject to appeal.

12. Indemnification: Customer shall indemnify and hold harmless Riptide Wireless from any and all claims, losses, damages, and liabilities sustained by Riptide Wireless resulting from or arising out of any breach of, or nonfulfillment of any representation, warranty, covenant or agreement made by or other obligation of customer contained in these terms and conditions. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, RIPTIDE WIRELESS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, HOWEVER CAUSED.

13. Restrictions: Customers who subscribe to residential services agree not to run any servers in conjunction with such residential services, including but not limited to, web, electronic mail, nat, dhcp, and dns servers. In the event a residential customer attempts to utilize a server on the network, Riptide Wireless may at its sole discretion increase the fees associated with the services, suspend or terminate. Customer acknowledges responsibility for all necessary approvals, permission from property manager / or owner, and applicable permits and / or use fees to be attained, if any for full access by Riptide Wireless prior to installation of service and while service is provided.

15. Property: Any Riptide wireless equipment, install devices, or cabling, placed in customer premise for service shall remain the sole property of Riptide Wireless. Customer agrees to return or allow Riptide Wireless to retrieve all property once it is not longer required for service. Customer agrees to reimburse Riptide Wireless for all cost of any Riptide wireless equipment, install devices, or cabling, Riptide Wireless is prevented from retrieving from the customer's property. Payment to Riptide Wireless for any unreturned equipment or devices shall be made within 30 days from billing date.