NATEL INTERNET & VOIP PHONE SERVICE TERMS & CONDITIONS
1. Services. Natel agrees to provide to the Customer those services specified in this contract, which may be amended in writing to reflect revised or additional services (the Services). Said Services are hereby expressly agreed to be subject to the terms and conditions of this Agreement. The Provisioning Date of this Agreement shall be the date Natel turns up the Services for the Customer. All services provided under this Agreement are for the use of the Customer only, including any serving or hosting of web services, and may not be provided or resold to any person not a party to this Agreement. If services cannot be provisioned as per the chosen Service level, Natel will refund Customer’s initial fees in full. If Customer receives acceptable Service but the Service becomes compromised and cannot be restored to chosen Service level, Customer may discontinue said Service and be entitled to a refund of any prepaid Service fees.
2. Service Levels. Natel provides specified Service Levels defined in kilobits per second (kbps) or megabits per second (mbps). These levels are defined as the allocation of shared bandwidth up to which Customer can burst and is provided on best-efforts basis and not guaranteed. Connection to the Natel network will be at specified Service Level less network overhead for Ethernet & TCP/IP. Customer can expect to maintain 65% – 85% of rated speed on a sustained download. Speed of an actual download is also dependent on the speed of download source site and Internet network at large and is not grounds for contract termination. Brief service interruption can occur occasionally and Natel will normally respond within 24 hours of notification. Contract is terminable only if an interruption longer than 72 consecutive hours occurs and Natel has not taken any corrective action. Interruption due to power failure, equipment damage, or any event at the user’s end is not the responsibility of Natel and service charges may be applicable in restoring service.
3. Term/Renewal. This Agreement shall be effective for a term of 12-24 months, commencing on the Provisioning Date. At the expiration of the term, this Agreement will automatically renew for successive one-month terms, unless the Agreement has been terminated on at least 30 days prior written notice. Any such extension or renewal shall be upon the same terms and conditions as provided in this Agreement. Notices from one party to the other shall be in writing and shall be made to the party at its address on the face of this contract.
4. Payment. For Services provided by Natel, the Customer shall pay the sums specified on this contract to Natel, 907 W Burlington Ave., Fairfield, Iowa 52556. Upon execution of this Agreement the Customer shall pay the non-recurring installation related charges together with one monthly recurring charge. In addition to the payment requirement herein, the Customer shall pay on receipt of invoice, any additional installation charges specifically approved by Customer, monthly recurring charges, taxes including sales tax, user fees, permit fees or similar charges arising from the services provided herein. Additionally, Customer shall pay the invoiced reasonable cost of any service call necessitated by a cause not attributable to Natel equipment or access point, or not attributable to a cause within Natel’s reasonable control.
5. Right to Discontinue Services. The Customer shall have the right at any time to discontinue the use of any of the Services by written notice to Natel. Such notice shall terminate any continuing obligations of either party regarding such services and installation charges except for any indemnification for acts or omissions occurring prior to the date of such notice and except that the Customer shall pay with its notice the remaining payments that would otherwise have come due during the remaining term for such Services. Natel shall have the right to discontinue Services upon written notice to Customer and shall thereupon refund any payments for unused pre-paid Services.
6. Network Ownership and Performance. Ownership and control of the Natel network and appurtenances thereto shall at all times be and remain with Natel and Natel shall have the right to remove its Service, cable, and any equipment used in connection therewith upon termination of this Agreement. Natel shall be responsible for the operation and maintenance of its network. Performance of Natel under this Agreement shall be subject to all regulatory approvals.
7. Limitation Of Liability/Indemnification. Under no circumstances shall either party be liable to the other for any indirect, incidental, special or consequential damages (including but not limited to loss of business, loss of use, or loss of profits) which arise in any way, in whole or in part, as a result of any action, error, mistake or omission. Subject to the limitations of the preceding sentence, each party agrees to indemnify, defend and hold the other harmless for any and all claims, demands, suits, losses, damages or expenses, including reasonable attorney’s fees and costs which may at any time be incurred by, or asserted against, any or all of them, directly or indirectly, on account of or in connection with the indemnifying party’s material default under any provision herein, or on account of, relating to or arising out of the acts or omissions of employees, contractors and agents of the defaulting party.
8. Default/Termination. Failure of either party to cure a default under this Agreement (a) within 10 days in the case of a failure to pay money when due, or (b) as soon as reasonably practical, but not less than ten (10) days after receipt of written notice thereof, shall entitle the other party to immediately terminate this Agreement. A non-monetary default, which is not susceptible to cure within such ten (10) days, shall not give rise to a right of termination provided cure is commenced within ten (10) days and diligently pursued to completion. In lieu of a notice given by mail or courier, a facsimile (fax) is also acceptable within this Agreement.
9. Force Majeure. A party shall be excused from performance under this Agreement, other than performance of obligations to pay money when due, if its performance is prevented by acts or events beyond the party’s reasonable control including, but not limited to, strikes or other labor unrest, severe weather and storms, fires, floods, earthquakes, and other natural occurrences, power failures, nuclear or other civil or military emergencies, or acts of legislative, judicial, executive or administrative authorities.
10. Other Considerations. This Agreement constitutes the entire Agreement and the complete understanding between the parties. No other oral or written representations or agreements of any kind affect the rights or the obligations of the parties regarding any of the provisions in this Agreement. No modification or waiver of any provision of or right under this Agreement shall be effective unless it is in writing and signed by the party against whom enforcement is sought. This Agreement is governed by the laws of the State of Iowa. This Agreement and actions by the parties under this Agreement shall comply with all applicable federal, state and local laws, rules and regulations and the orders, rules and regulations of any court or governmental agency of competent jurisdiction. The mere failure of a party to assert any of its rights under any provision of this Agreement shall not constitute a waiver or termination of such rights. If any provision of this Agreement is held to be unenforceable as written, the remainder of this Agreement shall be enforced as written, and the unenforceable provision shall be modified to the limited extent required to permit its enforcement in the manner most closely approximating the intention of the parties as expressed herein.
11. Acceptable Use Policy. By signing this Agreement, Customer agrees to be bound by Natel’s acceptable use policies with respect to the use of the Internet. These policies change from time to time based upon our upstream providers and can be referenced via our website.