Internet Terms and Conditions

Last Modified: January 19th, 2024

INTRODUCTION

KONVERGENCE TECHNOLOGIES, INC., hereby known as "The Company" provides its customers a high-speed wireless Internet connection, which we refer to as "THE SERVICE". The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing The Company to fairly share its network to all customers. The Company may modify the Terms and Conditions of this agreement at any time. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using The Company’s service.

USE OF SERVICE AT YOUR OWN RISK

The customer is solely responsible for the content of communications on the Internet. The service provided by The Company is "as is" and at your own risk. The Company denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. The Company is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

SERVICE DISRUPTION

The Company does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults, acts of god, equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. The Company does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or "life-line" telecommunications service.

INSTALLATION

The customer authorizes The Company and/or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). The Company and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS

Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our fiber ISP partner(s). The Company will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. The Company will make every reasonable effort to relocate or realign the SU. However, The Company cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

PAYMENT POLICY

The Company will Automatically charge its customers on the 1st of every month for the agreed amount on this service plan. All payments will be posted to the enclosed form of payment within this agreement. If service is started after the 1st of the month, a prorated charge will be made. A payment arrangement can be made upon request if an Automatic payment isn’t desired. Details about payments will be Emailed to the customer on a monthly basis when an invoice is generated. All invoices will be due at the 1st of the month, with a 7 day grace period to allow for delays in the United States Postal service. After payment has not been received by the 8th day, The Company reserves the right to suspend service until past-due invoices are settled.

UNACCEPTABLE USE

The Company may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on The Company’s wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person’s computer.

EXCESSIVE BANDWIDTH CONSUMERS

Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via The Company’s network, streaming movies and music and some types of gaming software. When excessive consumption of bandwidth over the Pricing Plan Limit by a customer prevents any other customers fair access to The Company’s wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

SERVICE SHARING

If at any time The Company discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of The Company, service will be immediately terminated to the customer with no refunds of any kind. Future service to the customer may not be guaranteed.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless The Company, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of material and are not part of this Agreement.

SPAMMING

Spamming is the sending of unsolicited communications. The Company will not tolerate any type of spamming originating from The Company’s wireless network. Internet service of a customer found to be engaged in spamming will be immediately disconnected without prior notice and will not be eligible for any refund for termination of service due to spamming.

CANCELLATION

All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. There is a $300 fee for all non-return lease equipment. The Company will not refund any "set-up" or "installation" fees after the first 30 days. Any discounted rates or service referral credits shall be forfeited on any cancellations. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.

MAINTENANCE

The Customer authorizes The Company and/or its contractor(s) to access the equipment, and any necessary wiring at any time to repair any and all issues. The terms of the Manufacturer’s Warranty, to the Customer for the Equipment installed, are set out in the product documentation. Failure to adhere to this information by the customer which leads to the void of Manufacturer Warranties of equipment installed by The Company is not covered by The Company lease agreement and The Customer will be liable to pay for any and all replacement equipment.

MISCELLANEOUS

This Service Agreement, Terms and Conditions and AUP constitutes the entire Agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written agreements. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force. Nothing contained in this agreement shall be construed to limit The Company’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. This agreement may not be assigned or transferred by you. This agreement is or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.