Intellipop Internet Service: Terms of Service Agreement

INTERNET ACCESS SERVICE FEES

The Internet Access Service Fee is billable on a monthly basis for the duration of the service term. The Internet Access Service Fee is based upon the selected Package agreed upon at the time of service or at a later time as chosen by the Subscriber.

BANDWIDTH SPEEDS

Bandwidth refers to how much data you can send through a network connection. It is measured in Megabits per second “Mbps”. The advertised speeds are based on estimated throughput from the Intellipop Demarcation Point at the Subscriber Home to the Access Point. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors that cannot be controlled by Intellipop. Intellipop will give best effort to provide maximum speeds at all times.

SUBSCRIBER INSTALLATION

The installation date and time will be determined by Intellipop and communicated to the Subscriber as early as possible. Prior to or during installation, Subscriber and Intellipop will determine if the Subscriber’s computers(s) and/or home network configuration are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Most makes and models of routers will work acceptably with Intellipop’s internet services.

It is understood that equipment needs to be installed on the exterior of the Subscriber Home or Business. The equipment needs to be fastened into the structure using, but not limited to, screws and drilling holes. Intellipop assumes no liability for damage to property from equipment installation or removal.

It will be assumed that by scheduling the installation we have the appropriate Land or Real Estate Owners permission to install equipment on the building and drill necessary holes. This includes, but is not limited to, landlords, relevant homeowners associations, property owners or property managers. The Subscriber will assume all liability to the property owner for installations.

INSTALLATION FEES

Intellipop or its agents will install the Intellipop equipment necessary for internet service. The Subscriber will be billed separately for the installation according to the selected billing plan. All plans are based on Standard Installations. Additional Charges may apply for out of scope work.

STANDARD INSTALLATION

Standard Installation is defined as a single story home with clear pathways to run Ethernet cable (less than 100’) without obstructions or special material required. Additional charges may apply for non-standard installations.

Examples of Non-Standard Installations include, but not are not limited to: Tripods, Antenna Masts, Chimney Mounts, Tree Mount, Tower Sections, Burying Cables, Aerial Cables, Demarcation Extension, and Multistory Buildings, 40-Foot Ladder Charge, Multiple Computers, and Multiple Cable Runs.

SINGLE ENTITY ONLY

The services provided hereunder are provided ONLY to the single Location and Entity. Subscriber is not allowed to share, retransmit, or connect this service to any other residence, building, business or tenant including those at the same address without written permission from Intellipop.

OWNERSHIP, SAFETY AND RETURN OF EQUIPMENT

Subscriber acknowledges and agrees that all installed equipment remains the property of Intellipop. Subscriber is responsible for the return of equipment to Intellipop upon termination of service. Intellipop will remove all Intellipop owned hardware at no charge to Subscriber upon termination of service within 30 days. Failure to return equipment will result in Subscriber being charged replacement cost value of all installed hardware. Subscriber may be charged replacement cost in the event of theft of any Intellipop owned equipment from Subscriber location.

LINE OF SIGHT

Subscriber understands that Wireless Internet connectivity requires radio line of sight to the tower or relay site, and that any obstructions between Intellipop Access Points and the Client Antenna may cause decreased performance. Any obstruction(s) such as foliage, erection of building or structures may interfere with or degrade the connection. It will be the sole responsibility of the Subscriber to maintain a clear Line of Sight and notify Intellipop of any obstructions that may arise.

DELAY

Intellipop will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscribers by reason of such delays regardless of whether such delay is directly or indirectly caused by Intellipop.

CONSEQUENTIAL DAMAGES

Intellipop is not responsible for any incidental or consequential damages resulting from failure, disconnection of or suspension of Wireless Internet Access Service.

PAYMENT AND FEES

Automatic Payments – Your account can be set to process automatically each month to ensure service is uninterrupted. Accounts set to automatic payment will be processed within 5 business days of your statement being released. All statements are released via e-mail address(es) on the account. For this reason it is important to keep your e-mail address up to date on your account.

Late Payment Fees – A late payment fee may be added on accounts not paid within standard residential (5) days of billing. Statements will be sent via e-mail 5 days prior to statement due date.

Returned Check Charge – A $35.00 processing fee will be charged on all returned checks.

Service Reconnect Fee – A returned check, insufficient funds or declined credit card will be considered non-payment. Restoration of service will require payment of unpaid balance, and reconnect charge of up to $15.00 may be applied.

Service Reactivation Charge – If service is not reconnected within (30) calendar days, the Wireless Internet Access Service may be permanently disconnected. To restore service after a permanent disconnect, payment of the full unpaid balance is due. A reactivation fee of $99.00 may be applied.

Invoice Mailing Fees – Intellipop relies primarily on paperless invoicing, an additional $5.00 will be applied to every Invoice generated by customer request via mail.

Network Management Fee – A $1.40 per month ‘network management fee’ is added to some plans to subsidize cost of bandwidth.

Radio Insurance Fee – This fee covers the ‘Radio’, ‘Dish’, or other parts of the radio transmission equipment attached to the service location. The fee is based on plan and type of equipment at service location. Included coverages include theft, and damage due to weather or wear. This fee does not include coverage from Subscriber negligence or removal of the equipment by non-Intellipop personnel. This fee may be waived by a deposit amount 1.5 times equipment cost. The deposit will be refunded after termination of services with Intellipop.

SERVICE GUARANTEES AND REFUND POLICY

Intellipop offers residential subscriber plans starting at 30 Mbps download speeds. This speed is affected by, but not limited to, distance to wireless facilities, radio interference and objects that block the direct line of sight to Intellipop wireless facilities. Intellipop wireless service is “Best Effort” for maximum speed and we guarantee 24/7 HD Content Streaming at all times, on related packages, to be verified by an external network with “Utah Education Network” on speedtest.net. Their speed test site can be reached at www.speedtest.net. Intellipop offers no guarantee of upload speeds. Subscriber will be offered a full refund of the installation cost if Subscriber is unable to receive advertised minimum download speed ONLY at the time of installation. By accepting the installation, Subscriber is stating that installation speeds were satisfactory and any type of refund for installation will not be honored. No oral agreement will be accepted in lieu of this policy. If Subscriber is receiving less than the guaranteed minimum speed after installation and accepting services, Intellipop will pro-rate your monthly rate with service credits according to length of any issue based on the Service Level Agreement Policy.

PRO-RATED SERVICE CREDITS

Pro-rated service credits will be offered if minimum speeds are not being delivered as promised by Intellipop. Credits will be pro-rated based on length of outages or speed issue and must be documented by our ticketing system. Customers can open a ticket within their own account or by calling our customer care center at 801-851-1770.

Length of issue will be determined by the time the ticket is opened and verified by a customer care representative. Once resolved, customers can request a pro-rated discount on their next statement based on length of issue. For example, if a service issue lasted 3 days in a month containing 30 days, 10% of their next statement would be deducted.

SERVICE CALL POLICY

If any support issue cannot be resolved via telephone or email Intellipop will send out a technician to diagnose the problem. If the problem/issue is found to be with any of the Intellipop equipment or setup of said equipment Intellipop will repair/replace or fix it at no charge to Subscriber. If the issue is not due to Intellipop equipment, Subscriber will pay Intellipop rates for the service call (currently $65.00).

TERMS OF SERVICE

Subscriber acknowledges and agrees that Terms of Service may be revised, updated, replaced or discontinued, in whole or in part, at any time by Intellipop. Subscriber will be notified of changes to the Terms of Service by (i) posting such revised Terms and Conditions on the Intellipop Web Site at (http://www.intellipop.co, and/or (ii) sending Email to Subscriber notifying Subscriber of such changes.

CANCELLATION

This Agreement and the provision of Equipment and Wireless Internet Services hereunder, shall be for the term and account price under “Installation Cost & Term” and “monthly service type”. Upon the expiration of the Term, either party may provide written notice to the other party at least thirty (30) days prior to the last day of any month. Any termination following written notice shall be effective on the last day of the month during which timely notice has been received. Service is on a month to month basis therefore Intellipop cannot prorate cost of Service for partial use of a monthly term. Customer consents to Intellipop by placing Credit or Debit card on file, to bill the Credit or Debit Card placed on account for unpaid or past due balances, charges, and/or damaged or non returned equipment.