{"id":46,"date":"2019-01-05T04:58:18","date_gmt":"2019-01-05T04:58:18","guid":{"rendered":"http:\/\/www.airfiberfl.com\/?page_id=46"},"modified":"2022-04-15T16:56:19","modified_gmt":"2022-04-15T16:56:19","slug":"commercial-agreement","status":"publish","type":"page","link":"https:\/\/florida-wifi.com\/?page_id=46","title":{"rendered":"Commercial Agreement"},"content":{"rendered":"\n<p>\n<strong>Installation:<\/strong>&nbsp;SUBSCRIBER(s)\nwarrant that they are at least 18 years of age and own the premises\nor have received permission from the owner of the premises to make\nany changes to the premises needed to install the equipment, power\nthe equipment and receive the Services. Additionally, it is a\nSUBSCRIBER obligation to confirm that the placement of the\ntransceiver on the premises is not in violation of any building owner\nor zoning restrictions. SUBSCRIBER agrees to allow Florida WiFi, LLC\nor its contractor&#8217;s access to the premises to perform installation,\nrepair, or maintenance activities in support of the Services.\nSUBSCRIBER will NOT use Florida WiFi, LLC services to: 1.) OPERATE\nany Internet Service Provider enterprise, 2.) COMPETE in any way with\nFlorida WiFi, LLC or 3.) RESELL in any way without Florida WiFi,\nLLC&#8217;s prior written approval.<\/p>\n\n\n\n<p>\nSUBSCRIBER\nhereby authorizes Florida WiFi, LLC and\/or its authorized contractors\nto install the equipment necessary to provide Florida WiFi, LLC\nwireless Services. SUBSCRIBER will be the sole interface between the\nbuilding owner\/manager and Florida WiFi, LLC. Any custom installation\nwork that you request, including placing cable under carpet, through\ncabinets, through interior walls or inside molding, may require\nadditional charges and will be approved by the building owner\/manager\nin writing prior to the installation of Florida WiFi, LLC services.\nFlorida WiFi, LLC will not be liable for any alterations damage to\nthe premises that result from installation or removal of the\nequipment or subsequent Acts of God including, but not limited to;\nholes in walls, cable wiring, power cabling, antenna mounting\nbrackets, wind or lightning. The SUBSCRIBER will additionally provide\nFlorida WiFi, LLC with code-compliant 110 VAC, 0.25-0.45 Amps (30-54\nWatts) electrical service.<\/p>\n\n\n\n<p>\nFlorida\nWiFi, LLC may revise, modify or discontinue any or all aspects of the\nServices including, but not limited to service, installation and\nactivation prices, any applicable tariffs, and any terms of this\nAgreement. Notice to you of any revisions or modifications will\nconsist of updating the Service Terms and Conditions on the Florida\nWiFi, LLC Web site&nbsp;(www.kdsmt.com)&nbsp;or\nsending an e-mail to your primary account. Florida WiFi, LLC assumes\nno responsibility or liability for interruption of the Services.<\/p>\n\n\n\n<p>\n<strong>Payment\nTerms:<\/strong>&nbsp;Florida\nWiFi, LLC will provide Services to SUBSCRIBER subject to this\nAgreement, and SUBSCRIBER agrees to pay for the Services when due by\nvalid credit or debit card, personal check, or cash.<\/p>\n\n\n\n<p>\nSUBSCRIBER\nauthorizes Florida WiFi, LLC to perform a credit check prior to\nproviding any equipment or Services. If Subscriber&#8217;s payment is not\nreceived by the end of the workday on the tenth of the month will be\nconsidered past due. A $15.00 late fee will be charged. If the tenth\nfalls on a Saturday or Sunday, the payment will be considered late if\nnot received before the end of the workday on Monday. If an account\nbecomes two months past due services provided by Konceptio Data\nService will be interrupted until the account is paid in full. To\nreactivate services a reconnection fee of $50.00 will be required. If\npayment is not made in full, Florida WiFi, LLC has the right to\nrepossess the subscriber unit to offset monies owed without liability\nfor damage or trespass.<\/p>\n\n\n\n<p>\n<strong>Terms\nand Termination Fees:<\/strong>&nbsp;This\nAgreement will have an initial term as designated on the Service\nOrder. At the end of the term, this Agreement will automatically\nrenew for successive one-month periods unless you advise Florida\nWiFi, LLC in writing that you wish to terminate the Services.<\/p>\n\n\n\n<p>\n<strong>Standard\nLimited Warranty, Service, Repairs and Interference:<\/strong>&nbsp;Florida\nWiFi, LLC will provide a limited parts and labor warranty for the\nequipment and the installation thereof during the initial term, or\nfor 30 days from the date of installation whichever is longer. This\nwarranty excludes any damage resulting from abuse or negligence, or\nActs of God, as determined by Florida WiFi, LLC. This warranty is in\nlieu of all other warranties, express or implied, including but not\nlimited to any implied warranties of merchantability or fitness for a\nparticular purpose.<\/p>\n\n\n\n<p>\nShould\nFlorida WiFi, LLC damage the premises during the Services\ninstallation or maintenance, Florida WiFi, LLC will compensate the\nowner of the premises for reasonable, actual and documented costs of\nnecessary repairs, not to exceed $1,000.<\/p>\n\n\n\n<p>\nIf\nat any time any electrical output, electromagnetic output, radio\nfrequency or other interference (collectively, &#8220;Interference&#8221;)\nresulting from apparatuses on the SUBSCRIBERs property, in the sole\nopinion of Florida WiFi, LLC, adversely affects the operation of its\nServices, upon notification of Florida WiFi, LLC, the SUBSCRIBER will\nimmediately suspend operation of apparatus until the interference has\nbeen corrected to the satisfaction of Florida WiFi, LLC.<\/p>\n\n\n\n<p>\n<strong>Internet\nAccess:<\/strong><strong>&nbsp;<\/strong>SUBSCRIBER\nagrees to comply with any bandwidth usage or other limitations on the\nServices provided by Florida WiFi, LLC in its sole discretion. If\nFlorida WiFi, LLC determines that you are exceeding bandwidth limits,\nyou will be notified by mail and given five days to bring your usage\nwithin appropriate limits. If excessive use continues after the\nfive-day period, Florida WiFi, LLC may take any action it deems\nnecessary, including but not limited to, terminating the Services to\nensure that your usage does not adversely affect Florida WiFi, LLC&#8217;s\nability to provide Services to other customers. Florida WiFi, LLC\nwill notify SUBSCRIBERs if this occurs by mail or e-mail.<\/p>\n\n\n\n<p>\nAs\na SUBSCRIBER of the Florida WiFi, LLC Internet Service, you may be\nassigned an IP address. This address is controlled by Florida WiFi,\nLLC and may be provided to you during the time that you use the\nFlorida WiFi, LLC Internet Service. Any IP addresses assigned to you\nare controlled by Florida WiFi, LLC and are not transferable to any\nother party. You will not be allowed to maintain this IP address if\nyou discontinue your use of the Florida WiFi, LLC Internet Service.\nFlorida WiFi, LLC may change this address at any time without\nliability and without prior notice to you. Florida WiFi, LLC will use\nreasonable efforts to avoid any disruption to you by notifying you at\nleast 7 days via e-mail before changing your address. All outgoing\nand incoming ports are not blocked. The exceptions are ports 80 and\n443 which are blocked for incoming traffic. These ports will remain\nblocked for the protection of all involved parties.<\/p>\n\n\n\n<p>\nFlorida\nWiFi, LLC and its partners and affiliates gather information about\nInternet usage such as the sites visited, session lengths, bit rates\nand the number of messages and bytes passed. Florida WiFi, LLC uses\nthis information in the aggregate to manage its network. Please refer\nto&nbsp;www.kdsmt.com&nbsp;to\nreview our Privacy Statement.<\/p>\n\n\n\n<p>\nOccasionally,\npersonally identifiable information obtained from you and from other\nsources for billing purposes, may be used to provide Services, to\nanticipate and resolve problems with your Service or to identify,\ncreate and inform you of products and Services that better meet your\nneeds. Florida WiFi, LLC will not use or disclose any personally\nidentifiable information regarding Internet usage unless compelled by\na court order or subpoena; you consent to the use or disclosure, or\nto protect Florida WiFi, LLC&#8217;s broadband Services and facilities.<\/p>\n\n\n\n<p>\nSUBSCRIBER\nhereby agrees to abide by Florida WiFi, LLC&#8217;s Acceptable Use Policy.\nThe policy is located at&nbsp;www.kdsmt.com&nbsp;and\nis hereby incorporated by reference. SUBSCRIBER accesses materials on\nthe Internet at their own risk. Florida WiFi, LLC may deny SUBSCRIBER\naccess to all or part of the Services without notice if this\nAgreement is breached, including but not limited to, Florida WiFi,\nLLC&#8217;s acceptable use policy.<\/p>\n\n\n\n<p>\n<strong>Service\nLevel Agreement<\/strong><strong>:<\/strong>&nbsp;The\nFlorida WiFi, LLC &#8220;carrier-class&#8221; network provides, and\nwill continue to offer the latest technical advances and highest\nspeeds in fixed wireless services to its subscribers and will make\nall commercially reasonable efforts to maintain its services.<\/p>\n\n\n\n<p>\nFlorida\nWiFi, LLC&#8217;s goal is to provide each SUBSCRIBER access to its network\n99.5% of the time. This does not include scheduled maintenance,\nmaintenance window outages or testing time. Access and throughput to\nthe Internet will vary, but not be a result of Florida WiFi, LLC\nnetwork access services.<\/p>\n\n\n\n<p>\n<strong>Limitations\nof Liability and Indemnification:<\/strong>&nbsp;Neither\nFlorida WiFi, LLC nor its subcontractors will be liable for any loss\nof data or damage to hardware that occurs during installation of or\nany service performed on your computer in support of Florida WiFi,\nLLC Services. SUBSCRIBER agrees that it is their responsibility to\ncompletely backup your computer prior to installation. SUBSCRIBER\nfurther agrees that Florida WiFi, LLC and\/or its contractors or\naffiliates are not responsible for any problems with your computer\nfollowing the installation of or any subsequent service performed on\nyour computer in support of Florida WiFi, LLC Services.<\/p>\n\n\n\n<p>\nYour\nexclusive remedy for any and all losses resulting from this\ninstallation of equipment and your use of the Services, including\nFlorida WiFi, LLC or its subcontractors negligence, will be limited\nto fees paid to Florida WiFi, LLC up to the time the damage is\ndiscovered.<\/p>\n\n\n\n<p>\nThese\nServices are provided on an &#8220;as is&#8221; and &#8220;as available&#8221;\nbasis without warranties of any kind either expressed or implied,\nincluding but not limited to warranties of title, non-infringement or\nimplied warranties of merchantability or fitness for a particular\npurpose. Neither Florida WiFi, LLC nor its affiliates warrant that\nthese Services will be uninterrupted or error free or that any\ninformation, software or the material accessible on the Services are\nfree of viruses or other harmful components.<\/p>\n\n\n\n<p>\nFlorida\nWiFi, LLC, its affiliates and its subcontractors will not be liable\nfor any indirect, incidental, special, exemplary, punitive or\nconsequential damages of any nature including personal injuries,\nproperty damage or loss of business that result in any way from your\nuse or inability to use the Services or to access the internet or any\npart thereof, or you reliance on or use of offers, claims,\nrepresentations, promotions and transactions, information, service or\nmerchandise provided on or through this Internet or the Services, or\nthat result from mistakes, omissions, interruptions, deletion of\nfiles, errors, defects, delays in operation, transmission or any\nfailure of performance.<\/p>\n\n\n\n<p>\nSUBSCRIBER\nagrees to indemnify, defend and hold Florida WiFi, LLC, it affiliates\nand subcontractors harmless from any claims made by third parties\narising out of the use of the equipment and\/or the Services provided\nby SUBSCRIBER or an authorized SUBSCRIBER of your account, including\nthe placement or transmission of any message, information, software\nor other materials on the Internet.<\/p>\n\n\n\n<p>\nThese\nlimitations on liability and indemnification provisions inure to the\nbenefit of and apply to: Florida WiFi, LLC, subsidiary and affiliated\ncompanies, any successor to Florida WiFi, LLC&#8217;s business by way of\nmerger, purchase of assets, or operation of law, and any\nsubcontractors performing work on behalf of Florida WiFi, LLC.<\/p>\n\n\n\n<p>\n<strong>Execution\nof Agreement:<\/strong><br>This\nAgreement will become effective by the signing of the final service\norder.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Installation:&nbsp;SUBSCRIBER(s) warrant that they are at least 18 years of age and own the premises or have received permission from the owner of the premises to make any changes to the premises needed to install the equipment, power the equipment and receive the Services. Additionally, it is a SUBSCRIBER obligation to confirm that the placement &#8230; <a title=\"Commercial Agreement\" class=\"read-more\" href=\"https:\/\/florida-wifi.com\/?page_id=46\" aria-label=\"More on Commercial Agreement\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-46","page","type-page","status-publish"],"_links":{"self":[{"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/pages\/46","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/florida-wifi.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46"}],"version-history":[{"count":3,"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/pages\/46\/revisions"}],"predecessor-version":[{"id":323,"href":"https:\/\/florida-wifi.com\/index.php?rest_route=\/wp\/v2\/pages\/46\/revisions\/323"}],"wp:attachment":[{"href":"https:\/\/florida-wifi.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}