Please review our service agreement and its terms and conditions

 

You are hereby entering into this service agreement by and between Preferred Networks Inc. (PNI) for a service contract term of ONE (1) YEAR from the date of signed install sheet. The terms and conditions of this agreement are as follows:

 

Installation Fees: Professional Installation is required. The total fee for installing company owned equipment at your location is stated on the attached “Installation and Service Agreement” which is attached to and made a part of this agreement. Payment is due upon completing the installation. This fee is non-refundable.

 

Monthly Service Fees: Monthly service fees are based on the service level selected on the attached “Installation and Service Agreement” and will be billed on the billing cycle selected by the customer. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds vary based on the amount of traffic on the internet, overall performance of your computer and other non-controllable variances.

 

Data Caps: Each service level has a maximum data cap. Refer to the “Installation and Service Agreement” for the data cap on the service you’ve selected and any overage charges that may apply for exceeding these limits. These overages will be billed monthly as an after-usage compilation with the next month’s pre-paid billing.

 

Term of Agreement: The initial term of this Agreement is ONE (1) YEAR from the date this Agreement is signed and/or becomes operable for this Subscriber and thereafter for consecutive terms of MONTH TO MONTH until such time as either party, upon 90 days’ written notice, (via U.S. Certified Mail) prior to the expiration of this Agreement, advises the other party of its intent to terminate the Agreement at the end of the then current term. It is further agreed that after two years from the date of this Agreement, the Contractor may periodically adjust the service charge fee. If the Subscriber does not want to pay the increase then the Subscriber must notify the Contractor within 30 days of such notice of increase. If Subscriber notifies Contractor that it will not pay the increase then the Contractor has the option of rescinding the increase and continuing the Agreement, or terminating the Agreement. Contractor assumes no liability for delay in installation of the system or interruption of service due to strikes, riots, floods, fires, acts of God or any cause beyond the control of the Contractor including noncooperation of the Subscriber or his agents in providing access to the area of the premises where the equipment is to be located. Contractor shall have the right to assign this Agreement to any other person, firm or corporation without notice to Subscriber and shall have the further right to subcontract any services which it may perform. It is understood and agreed by and between the parties hereto, that if there is any conflict between this Agreement and Subscriber’s purchase order, or any other document, this Agreement will govern. THE CONTRACTOR DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OTHER THAN THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED, OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE SERVICE FOR WHICH IT IS INTENDED. Contractor and Subscriber agree that in the event any legal action becomes necessary arising out of the terms and conditions of this Agreement, venue shall lie in Storey County, NV. In the event one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not render any other provision invalid, illegal or unenforceable and this Agreement shall be construed as if the invalid, illegal or unenforceable provision was contained in it. In the event of an assignment of this Agreement, the provisions hereof shall be binding upon and shall inure to the benefit of the parties hereto, their executors, administrators, successors and assigns.

Limit of Liability:  Since it is impractical and extremely difficult to fix actual damages which may arise due to the faulty operation of the system or failure of services provided, if notwithstanding the above provisions, there should arise any liability on the part of the Contractor, such liability shall be limited to the amount of $250.00. This sum shall be complete and shall be paid and received as liquidated damages and not as a penalty.

 

Billing Policy: Refer to the Billing Policy for billing procedures to include payment options, fees, upgrades, downgrades, & collection procedures.

 

Policy Changes: All service contract agreements shall remain in force during the period of this contract. Upon expiration, the customer may enter into a new contract with fixed policy terms and agreements. If a new service contracted period is not initiated, it is the customers’ responsibility to periodically go to our website, www.preferred-networks.com/legal, to check for updates to our current billing policies and/or terms and conditions for non-contracted service periods.

 

PNI Owned equipment: PNI owns any and all equipment installed on the customers’ premises UNLESS a purchase agreement is stated in writing by both the customer and PNI personnel. The Customer does not have the rights to sell, give away, remove, relocate or tamper with PNI owned equipment at any time while installed at the customers’ location. It is the customers’ responsibility to maintain the equipment in good working order. It is highly recommended that you protect PNI owned equipment by using a high-quality surge protector or a UPS (battery backup) many of which come with a data port surge suppressor which will also help protect your router or computer. Power failures, lightning strikes and power surges and many other acts of nature can be highly damaging to electronic equipment and are not covered by PNI. If the PNI equipment gets damaged while on the customer premise, the customer will be charged for a replacement unit. It is recommended that PNI equipment be covered by your insurance policy. If the equipment is found to be faulty by the manufacturer defect, PNI will replace the equipment under the manufactures warranty process. If the PNI equipment needs to be reinstalled or moved from its original installed location, it shall be performed by a PNI approved service tech and billed to the customer at our current service rates in effect at the time of service. It is understood and agreed by the parties hereto that Contractor is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Subscriber’s premises shall be obtained by the Subscriber; that the Contractor is being paid for the installation and maintenance of a system for internet usage and that the amounts being charged by the Contractor are based solely upon the value of the services herein described, are not related to the value of the Subscriber’s property or the property of others located in or on the Subscriber’s premises, and are not sufficient to guarantee that no loss will occur. It is not the intention of the parties’ Contractor assume responsibility for any loss or damage sustained through burglary, theft, robbery, fire or other cause, or any liability on the part of the Contractor by virtue of the Contractor’s direct or indirect negligent or non-negligent performance or failure to perform any obligation under this Agreement, and Subscriber hereby releases Contractor for any loss or damage sustained. It is agreed by the parties that the equipment installed on Subscriber’s premises shall at all times remain solely the property of the PNI, with which title to such property shall remain and be vested irrespective of the manner of its attachment to real property. The Subscriber agrees not to tamper with, alter, adjust, add to, disturb, injure or remove or otherwise interfere with installed equipment nor to permit the same to be done, and the Subscriber shall be responsible for this equipment during the term of this Agreement, and until same is returned to the possession of the Contractor. It is further agreed that the equipment shall remain in the same location as installed and any removal or disturbance thereof (resulting from painting, altering or remodeling the fixtures or any changes whatsoever) necessitating any work by way of repairs, relocation or otherwise, shall be paid for by the Subscriber in accordance with standard charges of the Contractor in addition to all other charges mentioned herein. In the event any services or repair to the subscriber’s premises equipment becomes necessary, Contractor shall within a reasonable time dispatch a representative to the Subscriber’s premises for the purpose of making the necessary services or repair. Having done this, Contractor shall be deemed to have fulfilled all its obligations under this Agreement. The subscriber does hereby for itself and all parties claiming under it release and discharge the Contractor from and against all hazards covered by insurance, it being expressly understood and agreed that no insurance company or insurer shall have any rights of subrogation against the Contractor. An additional charge shall be made for any repairs necessitated by other than ordinary wear and tear in accordance with standard charges of contractor or manufacturer’s replacement cost of equipment.

 

Service Commitment: PNI Service Plan Commitment periods are stated on the “Installation and Service Agreement”. Per your selection, you are required to adhere to the commitment period agreed upon. If you terminate service prior to fulfilling your service commitment period, your credit or debit card will be charged the remaining balance of the unused portion of this service contracted as stated on your “Installation and Service Agreement” and/or any unreturned equipment purchase fees as described below. If a credit or debit card is not on file with PNI or if it is declined for any reason, it is the customer’s responsibility to pay the remaining balance on account within 7 days to avoid collection procedures. This Agreement is not assignable by the Subscriber except upon the written consent of the Contract first being obtained. The Subscriber may not assign any rights inuring under this contract or under the relationship created hereby either voluntarily or by operation of law without having first obtained the written consent of the Contractor. Any assignment made by Subscriber without the written consent of Contractor shall be deemed a default under this Agreement.

Networking: PNI is not responsible or obligated to configure your networking system. If networking is needed you will need to consult your networking hardware manufacture or an operating system software technician. PNI can recommend service techs that can assist with your networking needs however; we will not be held liable for any outside contracted services performed on your networking system.

 

Voluntary Termination of Service Agreement: Upon terminating the service agreement, the customer agrees to contact PNI to schedule a pickup date for equipment retrieval by PNI service personnel. Customers are required to return the CPE, Power Supply, POE, Mounts and any other special equipment installed at the customers’ location within 30 days of terminating service. The equipment must be returned in good working condition to avoid the unreturned equipment purchase fees. If the equipment is not in the possession of PNI within 30 days of the disconnection of service date or if the equipment is not returned in good working condition, the customer shall purchase the standard equipment at current market value rates on the 30th day after the termination was requested. Partial returns shall be given partial credits towards the customers purchase. Purchase price is based on current market value and is subject to change as market values change without notice. If PNI equipment is not returned to the company within 30 days of disconnection of service or returned in poor working condition and payment cannot be retrieved by credit or debit card, the company shall enforce its right to lien.

 

Termination: If your service is terminated by PNI for non-payment or any other violation of this agreement, this service agreement will be accelerated to fulfil the service contract period value as stated on the “Installation and Service Agreement”. Any unreturned equipment purchase fees, as stated above shall be charged to your account immediately upon notification of cancellation. Upon returning the PNI owned equipment consisting but not limited to, the CPE, Power Supply and POE, in good working order, PNI will issue a refund check in the amount of the returned equipment purchase fees charged to the customers’ account within 15 days of receiving the equipment. It is further understood and agreed that the contractor may remove or abandon said system, in whole or in part, upon termination of this Agreement by lapse of time, default of any monies due hereunder, or otherwise without any obligation to repair or redecorate any portion of the protected premises, that such removal or abandonment shall not be held to constitute a waiver of the right of the Contractor to collect any charges which have accrued or may accrue hereunder. In the event Subscriber defaults in the performance of any of the terms or conditions of this Agreement, including the failure to make any payment as agreed herein, or the Contract is terminated otherwise before all the terms set forth in the Contract are complied with, the balance of the monies due for the unexpired term of this Agreement shall become immediately due and payable as liquidated damages and not as a penalty. In the event of default on the part of Subscriber, Contractor may, without notice or demand or legal process, enter any premises where the equipment may be found and take possession of it. After said repossession, the equipment may be sold in accordance with the laws of the State of Nevada or reused. Such action will not constitute a waiver of Contractor’s right to recover any deficiency due after sale or damages sustained as a result of the reuse of the equipment. At its option, the Contractor may accept late payments of delinquent fees. However, the acceptance of any late payments at any time shall in no way act as a waiver of Contractor’s rights as to future delinquencies. The subscriber agrees to pay all costs of collection, including attorneys’ fees incurred by Contractor in collection of any past due sums, regardless of whether litigation be undertaken, including the fees incurred in any appellate proceeding, and 1.5% per month on all unpaid balances. If the Subscriber shall become insolvent or if bankruptcy proceedings shall be begun by or against the Subscriber, before the end of said term, the Contractor is hereby irrevocably authorized at its option, to forthwith cancel this Agreement. The Contractor may elect to accept service charges from such receiver, trustee or other judicial officer during the term of their usage in their fiduciary capacity without affecting Contractor’s rights contained in this Agreement but no receiver, trustee or other judicial officer shall ever have any right, title, interest, in or to the internet equipment which is the subject matter of this Agreement and which is the property of the Contractor. All notifications from subscriber to Preferred Networks, INC. should be by certified mail.

PNI is not obligated to uninstall permanently installed cables. If you wish to have a complete un-installation of cables you will be responsible for all un-installation charges for professional services provided to you.

 

THE CONTRACTOR DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OTHER THAN THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED, OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE SERVICE FOR WHICH IT IS INTENDED.

 

YOU AGREE AND ACCEPT THAT IF YOU PROVIDE PREFERRED NETWORKS INC (PNI) WITH YOUR CREDIT OR DEBIT CARD INFORMATION, PNI IS AUTHORIZED TO USE YOUR CREDIT OR DEBIT CARD ON FILE FOR THE PURPOSE OF: (1) CHARGES FOR ANY INSTALLATION FEES AS STATED ON THE INITIAL “INSTALLATION AND SERVICE AGREEMENT” (2) CHARGES FOR YOUR MONTHLY SERVICE FEES, LATE FEES, OVERAGE FEE’S, AND/OR ANY OTHER SERVICE FEES THAT MAY APPLY; AND (3) CHARGES TO FULLFILL THIS SERVICE CONTRACT PERIOD AND/OR UNRETURNED EQUIPMENT PURCHASE FEES.

I agree to the terms and conditions of this service agreement.

 

It is also agreed and understood by the parties that this Agreement constitutes the entire agreement between the parties, and there are no verbal understandings changing or modifying any of the terms of the Agreement. This contract may not be changed, modified or varied except by writing and signed by an authorized representative of the Contractor. This Agreement shall not become binding on the Contractor until approved by the Contractor’s Management as provided below.

 

SUBSCRIBER HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THIS ENTIRE AGREEMENT, INCLUDING THE TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN AND FORM A PART OF THIS AGREEMENT.

 

PNI Signature:  ____________________________________ Date:  ___________

 

 

By:

SUBSCRIBER Signature: __________________________________

Date:  _______________________________

 

 


 

Preferred Networks Inc. 

Affiliate of Highlands Wireless Inc.

Corporate Internet Installation and Service Agreement

 

Date:_______/________/_______,            Start time:____:____ Finish time:____:____  Hours :____.____ 

Account Name:                                               Billing Contact:                         Technical Contact:

Service Address:                                             City:                                  Zip:

Billing Address:                                               City:                            Zip:

Billing Phone:                                                  Evening Phone:

E-mail address invoices will be sent to: _____________________________________________

E-mail address for technical messages to be sent to: _____________________________

 

USPS billing is available, however to cover mailing costs, $1 will be added to each invoice sent via USPS.     Email Billing is at no cost to Customer.

 

Standard commercial installation includes 3 hours of technician installation time, and is billed at $80.00 per hour with a 1Hr minimum, after that billing is in ¼ Hr.

 

Corporate Credit Application must be on file.  

The speed chosen below will represent the amount due at time of install.  One month’s prepayment is due at the time of the install with a ONE YEAR SERVICE CONTRACT period. The installation fee will be a minimum of $240.00 and will not exceed $500.00.  The funds collected will be applied to your initial invoice with any credits or balance due carried forward to the next billing period.

 

Your Signature here and below is your agreement to this:

 

___________________________                                                 Signature

 

Package Selection and Prices

 

Download               Upload         Data Cap      Price            Extended Price

 

 

 

 

Total One Year Contract:

 

                                                                                                                                               

PNI Contract Representative Signature                           Contract Authorized Signature, Title

 

 

                                                                                                                                                           

Installer Signature                                                          Install Completed Signature (must be over 18)

 

By signing this agreement, you are stating you have read and you agree to the Terms of Service, Billing Policy, and the Acceptable Use Policy as well as the plan you have chosen and signed above.

I understand that the equipment will remain the property of Preferred Networks Inc. however any damage or loss of equipment is the customers responsibility.  I agree that upon the termination of service I will allow Preferred Networks Inc. or it’s agent to retrieve the equipment from my property during the hours of 8am to 6pm, Monday through Saturday.

 

PLEASE MAKE CHECKS PAYABLE TO:

PREFERRED NETWORKS INC., 28 N. Main St., Yerington, NV 89447

 

For service and billing departments call: 775-847-4000 ext. 2

 

 

 

Start:_____:____ Finish:____:____  Hours :___.___  Start:____:____ Finish:____:____  Hours :____.____

Additional parts, hardware or electronics:

Description ________________________________________________________________

Cost $______________

Additional Labor Amount past the first 180 minutes: $ _________________

Total Due at time of install: $____________

Funds collected   yes   no | If cash installer Signature  _______________ 

Customer Signature ______________

Installer notes:___________________________________________________________________

_____________________________________________________________

_____________________________________________________________

NB22  NB25  300  400  Rocket  Dish           MAC               :        :        :        :       :      

Site pointed at  ______________  _____

Referred by  ________________________