WorldConnX Wireless Internet Access Agreement Terms and Conditions
This Agreement shall be for an initial term, a minimum of one year, and shall continue thereafter on a monthly basis. After the initial term, this Agreement may be terminated by Subscriber upon thirty (30) days written notice. This Agreement may be terminated, by WORLDCONNX, at any time, upon thirty (30) days written notice to Subscriber-including during the initial term hereof. Termination by the Subscriber by request or for nonpayment before the one year initial term has expired will result in an early disconnect fee of $200.
All reference herein to "service" and /or "equipment", shall mean the service and/or equipment referenced above in the "Service Plan" and "Equipment Information" portion of this Agreement.
By using the equipment and services provided by WORLDCONNX, the subscriber agrees to the terms and conditions stated in this document.
WORLDCONNX shall provide communication service to Subscriber as set forth in this Agreement.
Prices charged by WORLDCONNX, for service rendered pursuant to this Agreement, are subject to change without notice, at any time during the term of this Agreement- including the initial term hereof.
WORLDCONNX shall supply Subscriber with the communication equipment listed herein. However, prior to the supply and/or installation of said equipment, Subscriber shall pay the one time installation fee and lease payment for said equipment.
Subscriber shall use the equipment and services provided hereunder in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of said equipment and services.
Subscriber shall not program any of the equipment, or alter the electronic serial number or MAC address in any way, and any such act shall be deemed to be a breach of this contract, and fraud, and shall result in immediate termination, without notice, of this Agreement.
This Agreement constitutes a lease or bailment of the equipment referenced herein, and not a sale, or the creation of a security interest. The Subscriber shall not have or at any time acquire any right, title or interest in the property except the right of possession and use as provided in the Agreement. WORLDCONNX shall at all times be the sole owner of said equipment.
Subscriber shall assume all obligations and liability with respect to the possession of the equipment, and for its use, operation, maintenance, condition and storage during the term of this Agreement. WORLDCONNX shall provide service, maintenance, repairs or parts for the equipment. If the equipment is rendered unusable because of misuse by the subscriber, or the subscriber fails to return the equipment no longer being used, the subscriber will be required to pay $600 for the replacement of the equipment.
WORLDCONNX warrants that installation of wireless equipment, if required, shall be free from defects in materials and workmanship. In the event of such defects, WORLDCONNX's sole responsibility shall be either to repair such defect(s) or to refund the cost of installation to Subscriber. WORLDCONNX's obligation to Subscriber in this regard shall apply only to installations made by WORLDCONNX, and shall expire thirty (30) days after installation, unless WORLDCONNX receives written notice from Subscriber, prior to such expiration, specifying the existence of defects.
Upon the expiration, or earlier termination of this Agreement, Subscriber shall forthwith deliver to WORLDCONNX, at a place specified by WORLDCONNX, the equipment referenced herein, in good condition, normal wear and tear exempted.
Subscriber promises to pay WORLDCONNX, on a monthly basis, all charges for service. All such payments shall be due and payable, as specified in the invoice regarding same. If payment is not received by WORLDCONNX by its due date, Subscriber shall be subject to the same conditions as dial in users, that is: payment due by the first, if not paid by the first, access is shut off. Reinstatement of service is subject to a reconnection fee. Subscriber waives any right of offset regarding payments due hereunder.
If Subscriber fails to make any required payment when due; defaults on any of the terms and conditions of this Agreement; gives WORLDCONNX any false or misleading credit information at any time, or misrepresents their identity at any time; or if WORLDCONNX in good faith, deems itself insecure for any reason; then, in any such event, WORLDCONNX, at its option, may immediately terminate this Agreement and all sums owing by Subscriber to WORLDCONNX, in addition to service charges for the unexpired initial term of this agreement, shall be immediately due and payable without demand or notice, both of which subscriber waives. In addition, WORLDCONNX shall have the right to repossess the equipment without legal process free of all rights of the Subscriber in and to said equipment. Subscriber authorizes WORLDCONNX, or WORLDCONNX's agent to enter upon any premises where the equipment is located and repossess and remove it. Subscriber specifically waives any right of action Subscriber might otherwise have arising out of said entry and repossession, and releases WORLDCONNX of any claim for trespass or damage caused by reason of entry, repossession or removal. WORLDCONNX shall also be entitled to recovery of attorney fees expended as a result of the exercise of its remedies hereunder.
A default by Subscriber of any of the terms and conditions of this Agreement shall constitute an event of default with respect to all internet contracts in effect between Subscribe and WORLDCONNX; and, upon such event, WORLDCONNX shall be entitled to exercise any and all remedies available in this Agreement and in such other agreements.
IF THIS AGREEMENT IS TERMINATE, FOR ANY REASON, PRIOR TO THE INITIAL TERM HEREOF, THEN SUBSCRIBER AGREES TO PAY WORLDCONNX THE SUM OF TWO HUNDRED DOLLARS ($200.00) AS LIQUIDATED DAMAGES. THIS LIQUIDATED DAMAGE PROVISION IS IN ADDITION TO, AND NOT IN SUBSTITUTION OF, ANY OF THE RIGHTS AND/OR REMEDIES AVAILABLE TO WORLDCONNX REFERENCED HEREIN
If the Subscriber is a Corporation, Partnership, Limited Liability or Sole Proprietor then the individual signing on behalf of Subscriber personally guarantees to WORLDCONNX, all sums due and owing by Subscriber hereunder.
All remedies provided in this Agreement are cumulative. In addition to the rights referred to therein, WORLDCONNX shall have all rights and remedies provided by law with respect to Subscriber's default.
Subscriber promises to pay an additional charge of $35.00 per item for an dishonored check or other instrument given for payment on this Agreement.
The failure of WORLDCONNX to insist upon strict performance by Subscriber any provisions of this Agreement or to exercise any option or right herein conferred shall not be deemed as a waiver or relinquishment of any such provision, option or rights, unless such relinquishment or waiver is in writing, signed by WORLDCONNX.
All notice required or permitted to be given hereunder, may be given in writing by ordinary US mail and addressed to the party for which notice is intended at the address listed herein, or at such other addresses as either party may hereinafter designate by notice to the other. Notice to the Subscriber is effective when sent. Notice to WORLDCONNX is effective when received.
This Agreement is in addition to any agreement or contract the Subscriber currently has with WORLDCONNX for any other Internet services and shall not void or in any way alter any provisions of any existing contracts or agreements with the Subscriber or their agents. This agreement includes the terms and conditions of WORLDCONNX Internet Subscriber use located at www.worldconnx.net/tac.php.
Subscriber shall indemnify WORLDCONNX against, and shall hold WORLDCONNX harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney fees, arising out of, or in connection with, the possession, operations, use, or supply of the equipment and services which are the subject of this Agreement, including, but not limited to loss, injury or damage, consequential or otherwise, resulting from mistakes, omissions, interruption of service or delays in the transmission of any message or signal, or from any incident involving the equipment.
Subscriber consents to the obtainment by WORLDCONNX of any and all personal credit an/or financial information pertaining to Subscriber and hereby consents to WORLDCONNX's use thereof. Subscriber agrees to release, hold harmless, indemnify and forever discharge WORLDCONNX for and against any claim made as a result of the use, dissemination, and/or obtainment of said credit information.
This document contains the entire Agreement between the parties and no representations, promises, provisions, terms, warranties, conditions, or obligations whatsoever, expressed or implied, other than herein set forth shall be binding upon WORLDCONNX. This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania. If any one or more of the provisions contained herein shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
This Agreement, the equipment/service referenced herein and the rights and obligations hereunder may not be assigned by Subscriber. However, WORLDCONNX may assign this Agreement without notice.
WORLDCONNX has the right to changes the terms and conditions of this Agreement without notice. Please refer to http://www.worldconnx.net/wireless_tac.php for changes.
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