Wireless/Broadband Service Contract
Customer agrees to the following terms of this Contract as well as those listed on additional pages of this Contract and with the User’s Policy listed on www.wtconnect.com and is binding between WESTEX CONNECT and Customer.
Customer understands that this Contract is a SERVICE CONTRACT for WESTEX CONNECT’S Wireless/Broadband Internet Services and that unless the equipment was paid in full at time of install, the equipment ALWAYS remains the property of WESTEX CONNECT. Customer must maintain, in good standing, his/ her account for the full term specified above. The Contract may NOT be cancelled by Customer prior to the end of the term set forth above except by mutual agreement of the Customer and WESTEX CONNECT. A Contract Buyout (if any), listed on Page 1, plus any applicable taxes may be paid at time of cancellation ONLY if terms of this Agreement are met and the minimum number of months but less than agreed months of said Contract have been fulfilled. A Contract Buyout is ONLY honored if account is in good standing at time of cancellation, request has been made in writing, AND equipment has been returned in its entirety. Any amounts not paid on time are subject to late fees and interest at rate of 28% APR plus any applicable collection fees as stated in WESTEX CONNECT’S User Policy. Customer understands that the monthly charges do not cease until ALL equipment has been received by WESTEX CONNECT in good working condition AND this service contract’s terms have been fulfilled.
Customer agrees to hold harmless WESTEX CONNECT for any and all damage to Customer’s property, equipment, loss of income, or any other which might occur from Customer’s use and/or the installation of the equipment, software, and services that are subject of this Contract. Customer understands that WESTEX CONNECT cannot guarantee a constant speed or uninterrupted, error free service. Customer also understands that speeds may vary due to height of equipment and distance and that certain plans offered may be limited to the area the Customer is located. Customer understands that the need for an amplifier may arise at any time during Contract. If said need arises, Customer will be responsible for any additional charges for services to continue working (if Customer refuses the additional charges, Contract will still be owed and will be cancelled immediately). Customer understands that if interference issues due to trees or structures occur, Customer is responsible for removal and/or correction of interference and any service call or relocation to equipment made. Customer understands that if interference cannot be corrected and service cannot be provided by relocation, Customer is still responsible for balance of Contract.
Customer may not allow the use of the WESTEX CONNECT connection to provide connections to any party not in the Customer’s immediate household/office. Residential service accounts may not use the WESTEX CONNECT ‘residential’ connection for any purpose that could be deemed a commercial endeavor. Customer may not use or allow another party to use the WESTEX CONNECT account, equipment, or services for any activity not consistent with federal, state, and local law or WESTEX CONNECT’S internet services user policies. Scanning the network or attempting to access any device in any way not intended by its owner is not acceptable. Misuse of the network may result in termination of services and legal prosecution. In the event of such misuse by the Customer, the Contract shall be terminated immediately and the full balance through the remainder of the Contract shall be owed for services under the Contract shall be immediately due and payable and all equipment and supporting software shall be returned to WESTEX CONNECT immediately. Examples of prohibited uses of the WESTEX CONNECT internet service include, but are not limited to, web hosting, ftp hosting, and mail server hosting or any other type of web server without the express written consent of WESTEX CONNECT. The operation of temporary game servers is acceptable.
Due to security issues with today’s technology, WESTEX CONNECT does not allow other wireless equipment to be used in conjunction with WESTEX CONNECT broadband equipment. Customer understands that the unauthorized use of other wireless equipment or any equipment that may cause interference or security risks with WESTEX CONNECT equipment is not allowed or permitted. In the event of such violations by the Customer, the Contract shall be terminated and the full balance through Contract owed for services under the Contract shall be immediately due and payable and all equipment and supporting software shall be returned to WESTEX CONNECT. Customer also understands that they will be responsible for any charges incurred in time and equipment to correct issues caused by interference of such unauthorized equipment.
All equipment and supporting software supplied by WESTEX CONNECT under rental or lease shall remain the property of WESTEX CONNECT and MUST be returned to WESTEX CONNECT upon WESTEX CONNECT’s request OR termination of Contract (whichever occurs first). Customer shall not sell, transfer, assign, or convey the equipment or software (or service) to anyone or pledge the equipment as collateral for any loan or permit a security interest or other lien to attach to the equipment. Customer agrees to allow WESTEX CONNECT or its agents access to Customer’s premises where the equipment is located and to any computer to which WESTEX CONNECT equipment is installed or attached for the purpose of removing any WESTEX CONNECT equipment and supporting software from that premises or computer. Removal of WESTEX CONNECT equipment shall be during reasonable business hours. Customer agrees to allow this access by WESTEX CONNECT to remove said equipment within a reasonable time from the date of request. Early Contract termination may result in removal charges and service fees by WESTEX CONNECT, to be charged at the rates then in effect. Charges for removal of equipment and supporting software may be removed if customer elects to remove and deliver the same to WESTEX CONNECT’s place of business at customer’s expense, together with all documentation and software media and any copies thereof made by Customer. WESTEX CONNECT reserves the right to require proof that all software provided by WESTEX CONNECT has been removed from Customer’s computers. Customer may NOT move any equipment from its installed location without written consent from WESTEX CONNECT. Any labels or markings indicating that the equipment and supporting software are the property of WESTEX CONNECT shall NOT be removed from the equipment. No reverse engineering or other attempts to alter the equipment or software shall be conducted or permitted by the Customer. If WESTEX CONNECT’S equipment/service is connected through a PBX, DSLAM, or any other equipment, permission MUST be received in writing prior to installation and the monthly rate will be quoted with a minimum charge of $200/month unless stated otherwise and agreed upon by both parties.
Theft, loss, or damage to equipment: Customer agrees to make use of a quality battery backup and surge protection device at all times and with all equipment that is in anyway attached to the computer or network in which WESTEX CONNECT equipment is installed. Customer is responsible for the service call and replacement cost of equipment and software that is lost, stolen, damaged, or destroyed, whether by accident, customer’s neglect or misuse, power surges in the electrical distribution system, or by lightning, flood, or other acts of God. Customer is also responsible for any and all related labor charges needed to replace or repair the equipment and software. Customer may purchase insurance from agents or a company of Customer’s choosing, which might provide insurance affording coverage for such damage to the equipment. Customer also understands that in the event a service call is performed and the problem is not due to WESTEX CONNECT’s said equipment or is the result of an electrical loss to said equipment, a service call fee and any applicable mileage or equipment charges will be owed. Customer also understands that credits are not issued unless approved and for more than two consecutive 24 hour periods for commercial accounts and three consecutive 24 hour periods for residential accounts of downtime. These periods are days during regular operating hours and do not include weekends or holidays. NO CREDITS will be issued if due to electrical loss on either party’s end or due to fiber cuts, acts of nature, or other actions deemed uncontrollable on either party’s end.
Moving/Relocating: Customer understands that in the case of moving to another area NOT serviced by WESTEX CONNECT that they are still bound by this Contract and must cancel in writing and pay in full all fees associated with termination. Customer understands that in the case of relocating residences in an area that WESTEX CONNECT does service or in the case that said equipment needs to be relocated at the current residence all applicable transfer/relocating and labor fees will apply and this request MUST be made in writing. If Customer will be moving/relocating and another party at that location wishes to continue the service, contact with WESTEX CONNECT MUST be made immediately to discuss possible options. Any agreed upon terms then MUST be made in writing. Allowing the transfer/relocation of equipment is at the discretion of WESTEX CONNECT. WESTEX CONNECT has the right to refuse transfer/relocation of the service and/or equipment. Customer understands that they are responsible for all charges and termination fees that may apply whether the transfer/relocation is granted or denied by WESTEX CONNECT. If Customer is ACTIVE military and all parties in household will be moving due to military orders, the orders MUST be immediately provided along with cancellation request in writing to WESTEX CONNECT. Customer affected by these orders will be offered a buyout option of $250 (plus tax) if cancellation within 6 months of when service began or $100 (plus tax) if cancellation after 6 months through Contract service period of when service began.
Vacation Rate: Customer understands that a special vacation rate may be available. Customer understands that if a vacation rate is used the following apply…
Customers’ request for a vacation rate MUST be made in writing and takes place beginning of month following request. (ex: notice received in February will become effective March 1). Customer agrees that the amount of time (in months) that the account is on vacation WILL be added to the back of the contract.
Customer agrees that if put on vacation rate during the first 12 months where a buyout is offered after 12 months will NOT take effect until a contract’s full 12 months has been paid for. A vacation rate does NOT count towards any fulfillment to this Contract. Customer understands that the internet will NOT be active during the vacation rate time and to turn back on MUST be submitted in writing. Customer understands that to place an account on vacation rate, ALL outstanding balances MUST be paid prior to placing on vacation. A vacation rate is LIMITED to four (4) consecutive months. If more than one (1) vacation rate is requested, a reconnect fee of $25 (plus tax) will be owed at time of reconnection. If Customer does not request to be reconnected prior to the four (4) month limit, Customer’s rate will revert to regular rate but service will NOT be turned back on until request in writing has been made.
Requests in writing: Requests for any changes or additions to this Contract in any way MUST be made in writing and approved by WESTEX CONNECT in writing prior to installation. Customer may email such requests to billing@wtconnect.com ~ or mail or bring request in person to 500 Chestnut St Suite 1901, Abilene TX 79602. Any requests for technical support may be made via phone at 325/673-1930 or via email at support@wtconnect.com. Requests made to WESTEX CONNECT are not made to the Contract unless APPROVED by WESTEX CONNECT and such requests are APPROVED in WRITING by WESTEX CONNECT and signed by BOTH Customer and WESTEX CONNECT. Any changes to this Contract MUST be submitted as an Amendment to this Contract, agreed to by both parties, and submitted by Customer PRIOR to installation. No alterations to this said Contract may be made by Customer directly on this Contract. Once installation has been completed all terms of said Contract are binding by Customer and may not be changed by Customer unless submitted in writing and agreed upon by both parties.