This service agreement (hereinafter referred to as “Agreement”) is a legally binding contract between SyncWave, LLC, with its principle mailing address at 499 W US Highway 10 31, Scottville, Michigan 49454 and any individual, corporation, association, agency, company or other entity (hereinafter referred to as “Customer”, “you”, or “your”), who accesses or uses the systems, or services of SyncWave, its constituents or its subcontractors (hereinafter referred to as “SyncWave”, “we”, “our”, or “us”).
Legal Authority: SyncWave customers must be at least eighteen (18) years of age. Parent or legal guardian assumes all liabilities resulting from the minor’s use of SyncWave Services. SyncWave reserves the right to terminate any and all services to the customer at any time, without prior notice or liability, for any conduct which SyncWave, in its sole discretion, believes violates the terms and conditions of this Agreement, or is otherwise harmful to SyncWave interests or the interest of other customer.
By subscribing, using, or paying for the Services, you agree to the terms and conditions in this Agreement, including the prices, fees, and terms and conditions provided to you in all marketing materials and on our website at www.SyncWave.net, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, immediately stop use of any and all Services and notify SyncWave immediately so that we can close out terminate said services.
Updates: This Agreement may be updated or changed from time to time. You can review the most current version of this Agreement at any time at: SyncWave.net. If SyncWave makes a change to this Agreement and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.
You will be responsible for payment of service charges for visits by SyncWave or its subcontractors to your premises when a service request results from causes not attributable to SyncWave or its subcontractors. You will provide SyncWave and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that SyncWave may drill, cut, and otherwise alter the premises to accommodate installation of Services. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations SyncWave deems appropriate for the work to be performed.
Fees and Charges
You agree to pay all fees and charges for the Services associated with your SyncWave Account, including recurring and nonrecurring charges, taxes, fees, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. Fees and charges associated with special arrangements made are controlled within the context of that particular arrangement and are not subject to terms and conditions associated with any previously concluded arrangement in any way. It is the responsibility of the Customer to abide by all policies, regulations and agreements set forth as such.
If the entire amount of payment due is not received by the payment due date, a non-payment late fee will be charged to you. If, after two billing cycles, payments have not been received services will be disconnected and a reconnect fee will be issued in addition to the late fees and past due service charges. SyncWave may assign unpaid late balances to a collection agency for appropriate action; circumstances causing this are arbitrary and are the right of SyncWave LLC. You agree to reimburse SyncWave for all costs and expenses incurred to recover monies owed, including the fees of any collection agency, attorneys’ fees and other legal expenses.
If you signed up for Services for a specified term, you agree that if you cancel your plan before the end of the term, you will pay any applicable early termination fee. At the conclusion of your term, SyncWave will automatically begin charging the applicable month-to month fee. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. SyncWave may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
Billing and Payment
Billing for the Services SyncWave provides will commence when SyncWave LLC has activated your Services. Recurring charges for each month’s Services will be billed one month in advance. The first billing cycle will generally include your first month’s service charge and any non-recurring charges including but not limited to service installation, Indoor Equipment purchases, and professional services requested. Your first bill for services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination, if applicable, you will receive a credit for any balance of payments for Services billed in advance. Billing is based on a 30-day cycle starting on the 3rd or every month.
If you believe you have been billed in error for the Services, please notify us within forty-five (45) days of the billing date by notifying SyncWave, LLC. Requests for credits/refunds outside of this forty-five (45) day time period will be authorized at the discretion of SyncWave’s billing department.
You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on SyncWave’s website, or in other materials. Changes to default pricing, promotional pricing for service subscription as we as other benefits can be utilized so long as you meet the qualifications set forth for that particular offering. These offerings may or may not be associated with a particular time or quota limit, and therein a return to the default pricing structure will resume.
Lawful Use of Service
Customer will not directly, indirectly or passively engage in any activities that are criminal or unlawful in nature, this includes acquisition through SyncWave broadband services, transmissions, creation, storage of any type of material (programs, code, files or other electronic forms of data) in violation of Local, State or Federal Law. Or that is in violation of United States Copyright Laws, that is in violation of United States Trade Secrets Laws, that is in violation of United States Trademark Laws, that is in violation of the Electronic Communications Privacy Act of 1986.
Unlawful use of service could result summons, subpoenas or other functions of law enforcement that would legally require SyncWave to store and provide upon legal request, usage patterns, usage statistics or usage data. SyncWave does not monitor usage activities.
Equipment may be new, refurbished and therein fully inspected and tested. Depending on your service needs or due to special arrangement, your services will include one or more of the following equipment configurations: Customer Premise Equipment (CPE), Outdoor wireless Access Point (AP) and Power Over Ethernet (POE) brick aka AP power supply (This service-specific equipment herein collectively referred to as “Outdoor Equipment,” Indoor distribution via gateway (wired or wireless) or Ethernet switch (This service-specific equipment herein collectively referred to as “Indoor Equipment,” Return of Outdoor Equipment.
Upon termination of the Services, for whatever reason, you must return the Outdoor Equipment, undamaged, within twenty one (21) calendar days to SyncWave. If the Equipment is not returned within twenty one (21) calendar days, or is returned damaged, you will be charged for the value of the Outdoor Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Outdoor Equipment within this time period. If the Outdoor Equipment is returned within ninety (90) days of termination, any fees charged for the Outdoor Equipment will be refunded (other than fees for damages). No refunds will be made for any Outdoor Equipment returned more than ninety (90) days after termination.
SyncWave will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment outside of a defined support contract or SLA (Service Level Agreement). The Indoor Equipment and Outdoor Equipment require electrical power from your premises to operate, which you are responsible for providing in all circumstances (standard or unique).
SyncWave is not responsible for lightning or static damage or strikes to the dish or any part of the CPE (Customer Premise Equipment). It is the homeowner’s responsibility to understand and perceive the ramifications of installing metal components and wiring outside, the installation or operation of any form of system outside increases the risk of lightning or static damage or lightning strikes. It is the homeowner’s full responsibility to be properly protected against lightning and static damage.
SyncWave installs wireless systems with carrier grade equipment and top-tier supplies under the supervision of experienced professional installers. SyncWave takes every precaution to design and deploy systems designed for safe and worry-free long-term use, SyncWave acknowledges that forces exist that can bypass, defeat or overpower the protections already in place. The design and deployment of wireless systems contains protections implicit and intrinsic to the base design.
SyncWave offers supplemental grounding and surge control systems; homeowners and clients are educated regarding these suppression and protection systems. Utilizing these systems does not offer 100% protection; they decrease the risk of serious damage in the event a strike or any type does occur. These systems DO NOT decrease the risk of a strike and are not a silver-bullet defense against strikes of any type.
SyncWave, during the course of requested work, survey work, contractual work, repair work, consulting work, adjunct work, including any other form of work may cause damage to the homeowner/clients property. This includes but is not limited to depressions in the ground, torn or damaged turf, damage to brush or small trees, removal of branches or foliage during work or buried systems of any type. It is the homeowner’s responsibility to accurately describe to SyncWave the location of systems such as septic systems, drain fields, irrigation conduits, and electrical runs. Damage to disclosed/undisclosed systems is the sole fault of the homeowner. SyncWave will make every attempt to avoid, evade and/or bypass disclosed systems. SyncWave is not responsible for damage to undisclosed/disclosed systems buried in the ground for any reason.
SyncWave, during the course of requested work, survey work, contractual work, repair work, consulting work, adjunct work, including any other form of work may be required to perform manual or mechanized trenching. SyncWave is not responsible for damage to undisclosed buried systems such as septic systems, drain fields, irrigation conduits, and electrical runs. It is the sole, full and prime responsibility of the homeowner to declare the existence and accurate location of such buried systems. SyncWave does not provide landscaping services of any type, execution of job duties relating to requested work will result in marks and damage to the turf and/or foliage that SyncWave is not responsible for.
You agree to indemnify and hold SyncWave and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys’ fees, made by any party against SyncWave, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this Agreement, or your violation of any rights of another.
Interruptions, Limitations, and Modifications to Service
The Customer understands that usage of Services SyncWave provides is on an “AS IS” and “AS AVAILABLE” basis. We are not responsible for outages associated with downstream providers equipment or associated services for any reason. The Internet is a collection of government, educational, commercial and private systems linked together without direction or management. SyncWave does not control the accessibility, or content of systems which comprise the Internet. SyncWave shall provide the Customer a connection(s) to the Internet from SyncWave closest Point of Entry (POE) up to the bandwidth (the “Connection”) plan purchased from our Services offering. SyncWave is committed to improving and expanding it’s infrastructure in order to stay competitive and improve our customer offering, therefore SyncWave reserves the right to schedule maintenance upgrades and cause temporary outages.
SyncWave is not responsible or liable for any of the following: Any obstruction(s) that might be erected or grow between Customer’s antenna and SyncWave causing degradation or loss of service, debris or ice an antenna, re-aiming the antenna later than 14 days after installation, installing hardware and/or software in a different computer after initial installation, re-configuration of Network settings due to, but not limited to: tampering, reinstallation of operating system, accidental removal, or moving the hardware to another computer. Customer understands that Wireless Internet connectivity requires direct radio line of sight, and that any obstruction between SyncWave and the Customer’s antenna will probably block/degrade the signal. Customer understands that because tree leaves hold water, they absorb the microwave signal and that will degrade or disrupt my connectivity. By having equipment installed during a time of year when there are little or no leaves in the trees, there is a risk of losing connectivity when the leaves come back on the trees (customer may require extra hardware and setup at that time). Wireless speeds may vary depending on service location, computer performance/configuration, Internet congestion or other factors. Uninterrupted or error-free service is not guaranteed.
SyncWave is not responsible or liable for any damages whatsoever (including without limitation, damages relating to lost revenues or profits, lost data, work stoppage, server failure or malfunction), resulting from or in any way related to, the hosting of Web pages on the Customer’s Server. Customer is solely responsible for storage maintenance and all related services as the Host Server. SyncWave shall not be held liable for any charges, nor will Customer be entitled to any type of refund. Provision of SyncWave services: Your purchase of SyncWave service(s) or equipment does not mean that we must provide services to you. We may decide not to provide services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for services. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. You may not resell, lease, transfer or share services/equipment to anyone. Services are available within the operating range of the coverage and quality of services may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in services. SyncWave reserves the right to, from time to time, monitor the Customer’s activity. Upon the occurrence of a default by the Customer of any provision hereunder, SyncWave reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and services to the Customer hereunder. Customer must provide, at Customer’s own cost, all software and other equipment necessary to access and use the Internet service, and shall be responsible for all charges necessary for such access and use. Control over the receipt, display, transmission, or storage of all files and material is the sole responsibility of the customer who is accessing the Internet. Customer is solely responsible for user access security and network access. SyncWave does not and cannot monitor or control the content and information accessed by the Customer. SyncWave shall not be liable or held responsible in any way for any content or information accessed through our service by the Customer. Customer shall not permit others to use Customer’s account and shall notify SyncWave of any known or suspected unauthorized use of Customer’s account. Customer is responsible for maintaining the confidentiality of his/her password. Customer shall fully be liable for all use of his/her account, including any unauthorized use of the account prior to SyncWave receipt of notice from Customer regarding such unauthorized use. No more than one login session (Session described as – access to SyncWave service and/or the Internet via Customer’s equipment) can be used at any time by the Customer on any Internet service account. If multiple connections are verified by SyncWave, Customer will be responsible for additional charges.
Services can only be used for lawful purposes in compliance with all existing State of Michigan, Federal and International laws including, but not limited to: storing, distributing or transmitting of any illegal data. Anyone using the service (incoming or outgoing), will not use the service so as to interfere with or disrupt Network users, services or equipment. Disruption includes, but is not limited to: distribution of unsolicited advertising, propagation of computer worms, Trojan horses or other viruses, using the Network to make unauthorized entry to any other machine accessible via the service, mass posting, or receiving of messages to any e-mail box (Spamming) whether it be on SyncWave or another Internet Service Provider, refrain from sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail and Usenet news postings.
DISCLAIMER OF WARRANTY: CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMER’S SOLE RISK. NEITHER SyncWave NOR ANY OF ITS AFFILIATES, CONSTITUENTS, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS WARRANTS THAT THE SERVICES OR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SYSTEM IS FREE OF MALWARE, SPYWARE, VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR EFFECTS; NOR DOES SyncWave OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE SERVICES OR USE OF THE SYSTEM. THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NO ADVICE OR INFORMATION GIVEN BY SyncWave ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SyncWave NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY A THIRD PARTY THROUGH THE SYSTEM OR THE INTERNET. IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED BY THIRD PARTIES THROUGH THE SYSTEM OR THE INTERNET. LIMITATION OF LIABILITY: NEITHER SyncWave NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR OPERATING THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE. THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, OR OTHERWISE CAUSED OR ALLEGEDLY CAUSED BY USE OF THE SYSTEM OR INABILITY TO USE THE SYSTEM, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER SyncWave NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SYSTEM OR THE INTERNET BY THIRD PARTIES. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION BASED ON THE SUBJECT MATTER OF THIS AGREEMENT IS TO TERMINATE THIS AGREEMENT EFFECTIVE IMMEDIATELY. Routine maintenance and periodic System repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, SyncWave does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Customer shall indemnify and hold SyncWave and it’s directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.
The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. Severability/Entire Agreement: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.