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Supplemental Agreement for EONI Wireless Internet Service

Supplemental Agreement for EONI Wireless Internet Service (hereafter called “Service”)

Revised January 23, 2014

  1. Unless provided to you in a specific, separate written agreement which you and EONI have both executed in a signed contract stating otherwise, all conditions and provisions below apply to all Customers and Users of the Service.
  2. EONI does not assert or claim that Service is available at all locations. Where available, actual Service speed varies depending on Service location, environmental conditions, computer performance/configuration, network/Internet congestion and other factors. Service is provided on an AS IS basis and throughput speeds and availability of the Service is not guaranteed. Uninterrupted or error-free service is specifically not guaranteed. Service is provided on a best effort basis. Additional terms and conditions apply to this agreement that may be found on the Internet athttp://home.eoni.com/legal/ (hereafter referred to as “Policy Page”).
  3. This Service is NOT to be used to host a server for other applications, e.g., FTP server, web site hosting, file-sharing services, email servers and so forth. If you have needs other than as described here, please contact EONI to discuss your Service requirements.
  4. Service Speeds and Data Transfer:
    • EONI Bronze wireless service speed is up to 2 Megabits per second (Mbps) download and up to 256 Kbps upload.
    • EONI Silver wireless service speed is up to 5 Megabits per second (Mbps) download and up to 1 Megabits per second (Mbps) upload.
    • EONI Gold wireless service speed is up to 10 Megabits per second (Mbps) download and up to 2 Megabits per second (Mbps) upload.
    • EONI Platinum wireless service speed is up to 15 Megabits per second (Mbps) download and up to 2 Megabits per second (Mbps) upload.
    • There is not a limit or specified amount of data transfer included with these plans. Usage and data transfer is governed by the EONI Fair Use Policy which can be found at the EONI Policy Page.
  5. Payment: Monthly payments will be made automatically by valid credit card, debit card, or ACH only, unless other payment arrangements have been authorized by EONI. Service Date will commence the first day Service is installed and tested at the Customer’s site. First month’s Service fee and any applicable setup fees are due on the Service Date. Subsequent monthly payments will be due one month from the Service Date. If payment is not received within ten (10) days of the due date, or Customer does not keep a valid credit card or bank account number on file with EONI, or make other payment arrangements suitable to EONI, EONI may immediately terminate all services and retrieve all wireless equipment.
  6. Installation Fees: Basic installation is subject to the fees noted on our web site at: http://wireless.eoni.com. Additional components and labor beyond those listed on the Basic Installation Components list will be charged on a time and materials basis. The Service installation process will include the attachment of EONI equipment, cables and other components to the premise receiving the Service. At any time EONI shall have the right to remove EONI installed equipment, cables and other components at the discretion of EONI.  EONI does not warrant or guarantee that the building will be restored to original condition upon termination of Service. By ordering the installation or move of Service, Customer affirms customer is authorized to give permission for the EONI equipment, cables and other components to be installed at Customer service address.
  7. Wireless equipment installation components: The basic components installed at the customer premise to establish the Service consist, at a minimum, of the following elements: a subscriber radio unit with or without a separate antenna which will be installed to the exterior of the User’s premise; a Power-over-Ethernet (PoE) unit and power supply which is installed indoors and accesses the User’s AC electrical supply, typically located near a User computing device; a mounting unit (also identified as an arm mount, mount, short mast or other descriptions); and cable to connect these items. In special circumstances, additional installation components may be required to establish service. Additional fees apply for additional components. The User will be advised if additional components are required and the User will approve such additional components and their cost prior to installation requiring additional components. Examples and limited descriptions of the installation equipment can be found on EONI’s web site athttp://home.eoni.com/accessWireless_components.cfm.
  8. The basic components, and any additional installation components, that are installed to deliver the Service at the Customer location remains property of EONI and are leased to the Customer for the sole purpose of Customer obtaining Service. Customer is responsible for the material condition of the equipment accepted by the Customer at the Customer site. EONI is under no obligation to repair or replace equipment that has failed due to abuse or misuse by Customer. Customer is responsible for the cost of any equipment not returned to EONI or if EONI is not allowed to recover such equipment. Customer is responsible for the cost, including all materials and all labor billed at EONI’s prevailing on-site labor rate, to repair or replace any equipment damaged by the Customer or their agent. No failure or delay by EONI in exercising recovery of such equipment will operate as a waiver of the conditions in this agreement.
  9. Equipment replacement costs. In the event that, at the end of receiving Service, Customer does not return the equipment in acceptable and serviceable condition, or if EONI is not allowed to recover the equipment, the Customer will be charged the replacement cost of such equipment. The cost for the subscriber radio unit, whether or not this includes a separate antenna, is Four Hundred Dollars ($400.00). The cost of the Power-over-Ethernet unit and power supply is Sixty-Five Dollars ($65.00). The cost of any basic mounting equipment is Fifty Dollars ($50.00). Such cost is determined in the sole discretion of EONI and is subject to change at any time.
  10. Installation is a wired connection from EONI equipment to one qualified computer (see Minimum System Requirement) or to one router. Multiple computers may be used on the connection; however, Service does not include network configuration, management or support. Additional networking equipment may be required and is not included in Service. For network configuration, installation or support, you can choose EONI or another qualified networking agent; for these services, additional fees will apply.
  11. A Site Survey may need to be done in order to determine if Service is available at the Customer location. Normally, there is no charge for the site survey. A non-refundable “Special Site Survey” fee of $50.00 is required, however, before EONI will do a site survey at a location where EONI has good reason to believe Service will not work.
  12. If Customer requests Service and Service is available to Customer location, but Customer does not accept scheduled installation of Service within thirty (30) days from application date, then Customer will be required to pay a $50.00 survey fee.
  13. Early Termination Fee: the term of this agreement is the length chosen by the Customer at the time the order for Service is placed. If for any reason the Customer terminates this contract early, or if EONI terminates this lease for cause, then early termination fees apply as follows. If the Customer chose a two (2) year Service agreement term and the contract is terminated in the first year of such contract, then a Two Hundred Dollar ($200.00) early termination fee applies. If the contract is terminated within the last twelve (12) months of any contract, then a One Hundred Dollar ($100.00) early termination fee applies. If EONI is unable to deliver the Services to the initial requested Customer location on the initial order for Service, this contract shall be considered null and void; all fees paid to EONI, except for the Special Site Survey fee, shall be refunded to the Customer. If, after EONI installs Service and Customer accepts Service at the initially requested Customer location, the provision in this paragraph to void the contract is not applicable.
  14. Subsequent service: At the end of any contract period, the Customer may elect to receive, and EONI may agree to continue to supply, Service under the same conditions specified herein on a month-to-month basis. Pricing for such subsequent service will be EONI’s then current pricing and pricing is subject to change or modification at any time.
  15. Moving fee: if a Customer moves and a) can still obtain Service, and b) still desires the Service, then a minimum fee of Seventy-Five Dollars ($75.00) will apply in order for EONI to install the Service at the new location. Additional fees beyond the minimum Seventy-Five Dollars ($75.00) fee may apply if the actual time to install the Service at the new location exceeds 90 minutes. Additional fees beyond the allowed 90 minutes will be charged at Seventy-Five Dollars ($75.00) per hour, with services billed in one-half (1/2) hour increments.
  16. If customer moves to a location where Service is not available, any and all applicable Early Termination Fee(s) shall apply.
  17. Your computer(s) must meet the minimum system requirements. (See Policy Page in Paragraph 2 of this agreement for the Minimum System Requirement)
  18. Liability: EONI at no time will be held liable for any damage or injury to any person(s) or property(s) caused by the equipment it installs or supplies. Customer agrees to assume all liability and hold harmless EONI for equipment installed on the Customer site.
  19. Tampering: Customer agrees that if any of the EONI wireless equipment (including but not limited to, antenna, radio, electronics enclosure, cable or power supply) is removed, rearranged, moved, disassembled, or damaged in any way, customer shall be in breach of contract and EONI may terminate Service. Early termination fees may apply. In addition customer shall be required to pay EONI a minimum charge of $75.00 for each occurrence of tampering. Additional charges beyond the $75.00 minimum fee may also apply.
  20. By accessing or using the Services, Customer agrees to and is subject to all the applicable terms and conditions, and supplemental policies, published at the Policy Page described in Paragraph 2 of this agreement. All EONI terms, conditions, acceptable use and other policies related to EONI Services are subject to change at any time. EONI may change or modify the conditions, access speeds, pricing and other terms of this Service at any time without notice. It is the sole responsibility of the Customer to review the Web site for the current terms and policy.

» also see minimum user requirements for EONI service