general terms and conditions

APPLICATION OF TERMS AND CONDITIONS: The following terms and conditions apply to all SpringWave Networks, LLC services.

INITIAL REQUIREMENTS: The Customer will be invoiced in advance for the requested services. The invoice must be paid before services are established.

CONTRACT RENEWAL: Following the expiration of the agreement term, the contract shall automatically renew in successive ONE month terms unless either party shall notify the other party of its intent not to renew by giving at least thirty (30) days written notice prior to end of the current term.

PAYMENT AND CANCELLATION: Payment for all charges for Services implemented by SpringWave Networks, LLC are due within 20 days of receipt of invoice. In the event the customer fails to pay SpringWave Network's invoice in full, the Customer may be required to pay a late fee of 1.5% of the unpaid balance. After one attempt by SpringWave Networks, LLC to collect the unpaid balance, service is subject to cancellation.

ACCEPTABLE USE POLICY: The Customer agrees to abide by all provisions of the Acceptable Use Policy as described on SpringWave Network's website. The policy is located at www.springwave.net/aup.html.

TERMINATION OF SERVICE: In the event the service is terminated by the Customer, the Customer shall be subject to Termination Fees equal to the number of months remaining under the original or successive contract term.

FORCE MAJURE: Not withstanding anything to the contrary, SpringWave Networks, LLC shall not be liable to Customer or any other party for any failure of performance if such failure is due to any cause or causes beyond the reasonable control of SpringWave Networks, LLC including, but not limited to, fire, explosion, vandalism, storm or other similar occurrences, governmental action or any national emergencies, insurrections, riots, wars, strikes or labor difficulties, supplier failures or shortages.

LIMITATION OF LIABILITY OF SPRINGWAVE; WARRANTIES: THE ENTIRE LIABILITY OF SPRINGWAVE NETWORKS OF WHATEVER NATURE ARISING OUT OF THE PROVISION OF ANY SERVICE HEREUNDER, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PROPORTIONATE FIXED MONTHLY CHARGES TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, OR DEFECT IN THE SERVICE OR EQUIPMENT OR ANY OTHER EVENT OR ACTION GIVING RISE TO CLAIM OCCURS. IN NO EVENT SHALL SPRINGWAVE NETWORKS BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFITS, REVENUES OR DATA OR INACCURATE DATA, EVEN IF ADVISED OF THE FORESEEABILITY OF SUCH DAMAGES. SPRINGWAVE LLC, DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO SERVICE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CHANGES TO TERMS AND CONDITIONS: Any and all changes to the General Terms and Conditions must be approved by the President of SpringWave Networks, LLC before becoming applicable.

ADDITIONAL PROVISIONS: (a) SpringWave Networks, LLC. shall be entitled to attorneys fees and related expenses in the event suit is brought or an attorney is retained to enforce the terms of this Service Agreement or to collect any moneys due hereunder or to collect money damages for breach thereof; (b) The service provided by SpringWave Networks, LLC is subject to the condition that it will not be used for any unlawful purpose; (c) any modifications to this Agreement must be in writing and signed by both parties and the Customer acknowledges that no representation, promise, inducement, or statement of intention has been made by SpringWave Networks, LLC which is not included herein; (d) if any part of this Agreement shall be unenforceable, the remainder of this Agreement shall remain in full force and effect.

CHOICE OF FORUM: Any dispute arising from this contract shall be heard in the state courts of Williamson County, Tennessee, and the parties hereby waive any objections based on the personal jurisdiction or venue of that forum.

LEASED EQUIPMENT PROTECTION: It is the customer’s responsibility to protect all leased equipment from damage due to misuse, vandalism, power surges, etc.