"The Company" means AvantWireless, LLC, 112 North Curry
Street, Carson City, Nevada, 89703.
refers to an individual, corporation or legal entity who incurs
usage charges from The Company services, for its own use or behalf
of a third party user.
a. General. The Subscriber shall pay to The Company charges associated
with the rate plan selected, including without limitation; deposits,
set-up fees, equipment purchase and/or rental, service charges, etc.,
all as set forth on the subscriber information page ( www.avantwireless.com/subscribers
b. Usage Based Pricing.
The Company reserves the right to establish incremental service
charges for use of Company's services exceeding stated thresholds
as set forth from time to time on the subscriber information page
(www.avantwireless.com/subscribers ). Said usage based pricing will
be billed at the end of that month’s service. For example,
incremental usage above the threshold for the month of January will
be billed on February's invoice.
c. Changes. All charges
are subject to change at Company's discretion upon thirty days advance
With the exception of usage-based fees, which will be billed in arrears,
payment of all charges, are due, on the first day of the service period
selected by The Subscriber. All periods of service shall begin on
the first day of the month. Accounts more than 5 (five) days overdue
will be temporarily disabled until payment in full is received. A
$10.00 reconnect fee will be assessed on all disabled accounts. Returned
checks will be charged a fee of $25.00. With the exception of the
first month of service, MONTHLY SERVICE IS NOT PRORATED.
3. Terms and Termination.
This agreement commences upon activation of service by The Company
and remains in effect for the selected rate plan period, or until
terminated as herein provided.
Subscriber may terminate
this agreement upon ten days advance, online, or other written notice.
Unless Company has increased fees or charges within one month prior
to subscribers' notice of termination, subscriber shall pay to company
upon discontinuance of service, a termination charge equal to the
applicable monthly fees and charges multiplied by the number of
months remaining in the term. The Company shall have the right to
suspend or terminate this agreement at any time without prior notice
to subscriber. The Subscriber also agrees that The Company has the
right to delete all data, files or other information that resides
or is stored on The Company's hardware if either party terminates
The Subscriber’s account with The Company for any reason.
Subscriber and User shall indemnify and hold harmless The Company,
its agents and employees from and against any loss, cost, claim,
liability, damage, or expense (including reasonable attorneys' fees)
to third parties, relating to or arising from the use of the service
by Subscriber, User, or any of their personnel, whether or not Subscriber
or User has knowledge of or has authorized such access or use,
Including, without limitation, claims for libel, slander, an invasion
of privacy, infringement of copyright, patent infringement (where
Subscriber or User has used, connected, or combined the service
with the products or services of others), negligence, breech of
security, or tortuous behavior. Subscriber agrees to indemnify The
Company along with any parties from whom The Company obtains network
services, and to hold them harmless from any claims resulting from
the use of the service by Subscriber or its users that damage another
party or that violate the law.
All materials, information, software, products, equipment, and services
included in or available through the company (the "content")
are provided "as is" and "as available" for subscriber’s
use. The content is provided without warranties of any kind, either
expressed or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
The company and its licensors, agents and employees do not warrant
that the content is accurate, reliable or secure, the services will
be available at any particular time or location, any defects or errors
will be corrected, or that the content is free of viruses or other
harmful components. Your use of this system is solely at your risk.
6. Limitation of Liability.
Company shall not be liable for interruptions caused by failure of
equipment or services not provided by company, failure of communications,
power outages, or other interruption not within the complete control
of company. Nor shall company be liable for performance deficiencies
caused or created by subscriber's or its user’s equipment. Subscriber
and user hereby release company from liability arising from any content
accessed via the service. Company's performance under this agreement
shall be excused in case of labor difficulties, governmental orders,
civil commotions, acts of god, or other conditions or circumstances
beyond its reasonable control. Company shall not be liable if changes
in operation, procedures, or services require modification or alteration
of subscriber's or its users equipment, render the same obsolete or
otherwise affect its performance. In no event shall company be liable
for any incidental, special, consequential, or punitive damages including,
but not limited to, loss of profits, loss of business or business
opportunity, loss of use, etc. The liability of company for actual
proven damages for any cause whatsoever, including, but not limited
to, any failure of or disruption of service regardless of the form
of action, whether in contract or in tort or otherwise, including
negligence, shall be limited to an amount equivalent to charges payable
by subscriber under this agreement for the service during the period
such damages occur. Company makes no other warranties or representations,
either expressed or implied, concerning the service, and expressly
disclaims warranties of fitness for a particular use or purpose, the
warranty of merchantability and any other warranty implied by law.
7. Use of Service.
Subscriber shall insure that its users shall comply with the terms
and conditions of the AvantWireless, LLC Acceptable Use Policy.
8. Broadband Availability.
Company reserves the right to establish and enforce usage limits,
limiting the speed of uploads and downloads of any kind and in all
protocols, including without limitation, file downloads (FTP's), e-mails,
Web browsing, etc., from time to time, for all wireless, DSL or other
9. Service Calls.
Subscriber is responsible for the entire cost of service calls including
labor, materials and equipment for all failures which are not the
fault of the Company including without limitation, acts of God, weather
phenomena, failure of Subscriber's equipment, etc., including service
calls to reinstall software. Current rate for customer service calls for customer equipment (excluding our antenna) is $225/hour with 1/2 travel time included.
In the event the Company is required to engage the services of an
attorney because of a breach by the Subscriber of any of the terms
herein contained or arising out of the Subscriber's use of the services
provided by the Company in any other manner, the Subscriber agrees
to pay all of the Company's reasonable attorney fees and court costs.
Upon breach of this Contract, all of subscriber’s rights and
privileges shall be immediately terminated and upon any such termination
for breach of the provisions of this Contract, or the breach of any
applicable law or statute governing the use of the services provided,
all Subscriber fees shall be forfeited as liquidated damages to the
Company. In the event of litigation, both parties agree that the law
of Washington shall apply and both parties consent to the jurisdiction
of the courts of Carson County, Nevada. Both parties expressly waive
a jury trial.
The Company shall have the sole right to decide what information (Web
Page content, etc.) can or cannot be uploaded onto, or reside upon,
the Company's system and the Company has the right to delete all such
data, or files that it decides cannot reside on the Company's hardware.
12. Contract Amendments.
The Company reserves the right to amend this contract from time to
time, in its sole discretion, and any such amendments shall become
effective upon promulgations, subject to the terms of this agreement.
13. Subscriber Regulations.
The Subscriber certifies that he or she is at least 18 years of age
or that a parent or guardian has given their expressed consent. The
parent or guardian acknowledges responsibility for the minor's actions.
14. AvantWireless, LLC Contract.
This Contract represents the complete understanding between the parties
as to the subject matter hereof, and supersedes all prior written
or oral negotiations, representations, guarantees, warranties, promises,
orders, statements or agreements between the parties or any statement
or representation made or furnished by any other person representing
or purporting to represent either party.
16. Service Performance .
Service is a burstable service and bandwidth commitments are based upon an
unloaded circuit. Continuous loading of circuit will result in lower than
maximum available bandwidth. AvantWireless makes no guarantee as to
performance with a circuit with constant high load
17. Agreement Revisions.
Company reserves the right to change this agreement at anytime without
notice. You can check the AvantWireless, LLC website (www.avantwireless.com)
for the most recent revision of this document.