Online Sign Up – Step 2 of 3 – MetroNets Terms & Conditions

Please read over these Terms and Conditions for the use of the MetroNets system and click the Accept button to continue or the Decline button to cancel.

Notice:

(a) MetroNets2000 (M2K) is not affiliated with or endorsed by Unit Owners Association or the property management firm; (b) The Unit Owners Association and the property management firm will not be responsible for any inadequacy of the services delivered by MetroNets2000.

PART 1. Service Level Agreement

M2K will provide up to two shared T1 or SDSL circuits to each building. The price to each unit will be based on the number of clients signing up for the M2K service. The current price will only be changes with a 45 day advanced written notice. The term of the agreement will be one month from Service Activation with automatic renewals for additional one month terms unless thirty (30) days prior notice is given.

M2K will not increase prices for services provided during the Billing Period identified above. M2K reserves the right to change prices beyond the billing period upon notice to Customer 45 days in advance of any change. All prices are exclusive of any tax, levy customs duty, import tax or similar governmental charge that may be assessed by any jurisdiction. All such taxes are the responsibility of Customer.

PART 2. Billing & Payment

2.1 Payment and Rendering of Bills. Billing shall occur monthly and in advance of any services provided. All payments will be made through the Customer's Visa, or Mastercard. A check will be accepted if paying for the entire year.

2.2 Payment of Bills. All bills declined by Customer's credit card issuer, are due ten (10) days from the date of issuance of the notice of denial by M2K. If any portion of the payment is received by M2K after the payment due date as set forth above, interest on the unpaid balance shall be due at a rate of 1.5% per month (18% per annum). In the event that Customer disputes any portion of the charges contained in a bill Customer must pay the undisputed portion of the invoice in full and submit a documented claim for the disputed amount. All claims must be submitted to M2K within 25 days of the billing date for those Services. If Customer does not submit a claim within such period and in the manner stated above, Customer waives all rights to dispute such charges.

2.3 Fraudulent Use of Services. Customer shall be solely responsible for all charges incurred using  Customer's Services or Products, even if such charges were incurred through or as a result of unauthorized use of Customer's Services or Products by an end user or other third party.

PART 3. Termination of Service

3.1 Termination of Service by M2K. M2K may, without prior notice to Customer, terminate service for any reasons including non-payment, declined payment, any violation of law or this Agreement, Customer's material misrepresentation, sending Unsolicited Commercial E-mail, bankruptcy or for any other reason that M2K deems appropriate. M2K shall incur no liability for termination.

3.2 Resumption of Service or Delivery of Products. M2K shall have the sole and absolute discretion to restore such Services or Products. A nonrecurring charge of $25.00 for items such as staging, installation, etc.) shall apply to restored Services or Products.

PART 4. Delivery of Services

4.1 M2K Service Obligation. M2K reserves the right, at any time, to substitute any M2K supplied technology with another level of technology that provides equal or better service to Customer.

4.2 M2K Access to Premises. Customer shall allow M2K reasonable access and right-of-way to the Premises to the extent reasonably determined by M2K to be appropriate to the provision of Services or Products, or the maintenance of equipment, facilities and systems relating to the Services or Products.

4.3 Service Commencement Dates. M2K may undertake in any Service Order to use reasonable efforts to make Services or Products available to a Customer on or before a particular date. M2K does not guarantee availability by any such date and shall not be liable for any delays in commencing Service or delivering Products to any Customer.

4.4 Title and Power. Title to all facilities (except such equipment and/or facilities as are sold to a Customer) shall remain with M2K. The electric power consumed, if any, by such equipment on the Premises of Customer shall be provided by and maintained at the expense of Customer.

4.5 Customer Provided Equipment. M2K shall not be responsible for the operation or maintenance of any Customer provided equipment. M2K may at its option, install certain Customer-provided equipment. Upon installation of equipment, however, M2K shall not thereafter be responsible for the operation or maintenance of such equipment. Customer takes full responsibility for the data contained on customer's data disk.

4.6 Service Charges. Customer shall be responsible for the payment of service charges for visits by M2K's authorized agents or employees to the Premises when the Service difficulty or trouble report results from customer owned equipment or the use of equipment or facilities by Customer or End Users.

4.7 Removal of Equipment. Customer agrees to return all M2K-owned equipment to M2K, upon demand, in good working condition (excepting normal wear and tear only).

4.8 Services and Products Subject to Availability. The furnishing of Service and Products under these Terms and Conditions is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of M2K's facilities. Nothing in these Terms and Conditions shall be construed to obligate Customer to submit, or M2K to accept Service Orders.

4.9 No Liability for Failure to Transmit Messages. M2K does not undertake to transmit messages, but offers the use of its Service and Products when available and, shall not be liable for errors in transmission or for failure to establish connections.

PART 5. Obligations and Liability Limitation

5.1 Limitation of Liability. The liability of M2K for damages arising out of the furnishing of any Services or Products shall be limited to the extension of credit allowances or refunds of funds paid under each applicable Service Order during the current billing period. The extension of such credit allowances or refunds shall be the sole remedy of Customer or any End User and the sole liability of M2K. In no event shall M2K or the Customer be liable to each other or any third party for any indirect, incidental, consequential, exemplary or punitive damages (including but not limited to damages for lost profits or lost revenues) which either party may suffer, whether or not caused by the intentional acts or omissions or negligence of M2K's or the Customer's employees or authorized agents, and regardless of whether M2K or the Customer has been informed of the possibility or likelihood of such damages.

WARNING: DATA SHOULD BE BACKED UP ON A REGULAR BASIS AS IT IS THE ONLY WAY TO PREVENT ACCIDENTAL LOSS OF IMPORTANT DATA. M2K TAKES NO RESPONSIBILITY FOR THE LOSS OF CUSTOMER'S DATA UNDER ANY CIRCUMSTANCES.

PART 6. Software Terms

6.1 License. If Customer requires the use of Licensed Software, then Customer shall have a nonexclusive, nontransferable license to use such Licensed Software only to the extent required to permit delivery of the Services or use of the Products. Customer shall not be entitled to claim any ownership interest in any Licensed Software (or any derivations or improvements thereto), and Customer shall execute any documentation reasonably required by M2K to document any manufacturer's existing and continued ownership of Licensed Software provided to Customer.

PART 7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN ANY AGREEMENT PROVIDED TO CUSTOMER, M2K MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.

If you accept these terms and conditions, click the I Accept button and enter your name, building, unit number and phone. Questions should be directed to .

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