Customer shall immediately return, in satisfactory condition, any equipment provided by QuickTel and Customer hereby grants QuickTel reasonable access to his/her/its premises for the purpose of removal of any equipment. Failure to cancel this Agreement within such 30 days of renewal shall be deemed an acceptance of the rates and charges applicable to such renewal period.  QuickTel reserves the right to modify or delete any rate plan at its sole discretion, except during the initial contract term as provided, and except upon 30 days written notice by QuickTel to Customer.  No hardware installation costs will be refunded. QuickTel hardware must be returned in good condition.

If Customer desires to terminate this Agreement, notice must be given in writing 30 days prior to the last effective day of service. QuickTel will not prorate the monthly fee associated with the month that a Customer account is terminated for any reason. Any QuickTel  customer purchasing  QuickTel services under contract shall, upon cancellation of such contract for any reason other than for non-performance on the part of QuickTel, be charged 100% of the remainder of the fees due under that contract plus any additional fees including the removal cost of the equipment, charges, and/or penalties as determined by QuickTel.

Not withstanding any other provisions that are applicable upon termination, the Agreement is not considered terminated or fulfilled until the Equipment is recovered in good condition by QuickTel.

EARLY TERMINATION

If desires to terminate this Agreement, notice must be given in writing 30 days prior to the effective day of service. 

QuickTel will not prorate the monthly fee associated with the month that a Customer account is terminated for any reason.

Any QuickTel customer purchasing QuickTel services under contract shall, upon cancellation of such contract for any reason other than for non-performance on the part of QuickTel, be charged 100% of the remainder of the fees due under that contract plus any additional fees including the removal cost of the equipment, changes, and/or penalties as determined by QuickTel.

Not with standing any other provisions that are applicable upon termination, the agreement is not considered terminated or fulfilled until the equipment is recovered in good condition and returned to QuickTel.

ACCOUNT PAYMENT TERMS:

The customer will pay all installation fees and first month service fee before execution of any work order.  

The customer understands and agrees that all QuickTel Internet access and services are pre-paid. 

Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future.

 When a customer’s service is activated, the billing will begin on that day. The customer’s Visa/Master credit card or Visa/Master debit card charge will be prorated to the 1st or the 15th of the month (30 day cycle). The billing period for your account is from the first through the last day of the calendar month. The first month's prorated fee is based on the per day pricing specific to the service agreement plan  the customer chooses and applied to the day the account is activated to the end of the current billing cycle.  The prorated charge will not exceed the normal monthly rate/plan that the customer has chosen. Monthly service charges will be then be billed at the beginning or middle of the month for the current month's service.  

Customer agrees to pay monthly service fees by Visa/Master Credit Card or by Visa/Master Debit Card.  Customer is providing credit or debit card information and further authorizes QuickTel to automatically charge the subscriber' credit card and/or debit card account each month in order to maintain uninterrupted service.  Customer acknowledges that it is not convenient to come to the QuickTel store to pay for the monthly service so that the customer’s card can be swiped through the card terminal. Therefore, the customer authorizes QuickTel to hand entered the card information provided by the subscriber into the terminal for payment processing.    

The customer understands and agrees that QuickTel reserves the right to charge the customer’s credit or debit card for service in the full amount due to QuickTel.

The customer agrees that QuickTel is not responsible for overdrawn accounts or exceeding credit card limits as a result of the charges billed by QuickTel.

No matter what form of payment the customer uses?  QuickTel requires all customers to provide to QuickTel a current valid credit and/or debit card

If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, QuickTel will terminate the connection.  Any amount not paid such period shall bear interest at the lesser of the rate of 1% per month, or the highest rate permitted by applicable law.

In order to maintain accurate billing information the customer will provide legal name, address, telephone number and credit and/or debit card billing information and inform QuickTel promptly of any charges in this information.

Automatic email billing notifications maybe sent as credit and/or debit cards are charged to the customer's primary QuickTel email address of the charges that will appear on the credit and/or debit card statement for the month.

QuickTel will not credit/refund for customer outages that are caused by the customer owned hardware.

All accounts will be suspended 3 days after the account is 30 days past due.

Accounts past due 30 days are subject to a 1% per month finance charge, or the highest rate permitted by applicable law.

Termination of your account does not eliminate your responsibility under this agreement to pay in full all fees incurred up to the date the account was terminated, including late payment charges, a $10.00 disconnection service fee, any collection fees, and any collection fees incurred by QuickTel.

Any inquiries, objections and complaints regarding invoices or other matters should be directed to QuickTel in writing.  If QuickTel does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.

QuickTel reserves the right to charge customer for customer telephone technical support calls after notification to customer by regular or electronic mail that QuickTel intends to begin charging customer for such support. ON-SITE TECHNICAL SUPPORT PROVIDED BY QUICKTEL IS BILLABLE TO CUSTOMER.

A service fee of $25.00 will be charged for all returned checks.  Payment will be deemed made when received by QuickTel.

Customer billing statements must be requested. Automatic billing notifications will be sent as credit or debit cards are charged to the customer’s primary QuickTel email address.

QuickTel reserves the right to implement new payment policies in its sole discretion.

EQUIPMENT AND MAINTENANCE

Customer may either: (1) purchase the equipment necessary to access the QuickTel network, or (2) QuickTel will provide the equipment necessary (based on a specific or special offering) to access QuickTel’s network. In the event Customer purchases such equipment from QuickTel, customer shall notify QuickTel of any change in the equipment MAC address or additional network devices.

QuickTel maintains only QuickTel supplied hardware. Once signal is confirmed at QuickTel’s hardware, Customer is solely responsible for the home network or connected computer or network hardware. QuickTel at may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, fixes or enhancements will be provided at an additional cost to customer.

QuickTel shall be responsible for maintenance of all equipment provided by QuickTel so long as the maintenance is not required as a result of Customer’s misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to QuickTel for any damages thereto. The expense to repair and/or replace the QuickTel equipment due to damage caused by customer will be charged to the QuickTel account of the customer. Once the warranty expires on purchased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.

Customer will provide reasonable access to QuickTel hardware. QuickTel will notify customer of required maintenance and will schedule service appointment.

In the event that Customers computers are configured in a Local Area Network, Customer agrees that the Customer shall be responsible to configure, at its expense, its network with a dedicated Ethernet card so that data requests intended to be confined to its LAN are not broadcast across QuickTel’s Wireless Network.

The terms and conditions of this agreement apply to any equipment of any kind that may be substituted for the original equipment. References made to equipment are not applicable when Subscriber shows proof of ownership and furnishes the equipment, or purchases equipment.

Any costs incurred in retrieving any equipment, as a result of Customer’s failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney’s fees and costs, shall be paid by Customer.

EQUIPMENT TITLE

Title to the equipment of this agreement shall be and remain the property of QuickTel at all times during the term hereof and, except as set forth in the agreement; the Subscriber shall have no interest therein.

LOSS, DAMAGE, OR REPAIR OF EQUIPMENT

Subscriber assumes full responsibility for loss, theft, or damage to all QuickTel equipment in the Subscribers possession or otherwise until returned according to the terms of this agreement. Subscriber agrees to pay to QuickTel the fair market value of such equipment which is lost or stolen, or the actual cost of the repairs to damaged equipment. It is the subscriber’s responsibility to bring the equipment in need of repair to QuickTel.

RETURN OF EQUIPMENT

In the event of a termination of services, loss or theft of equipment, or suspension of services for non-payment, the regular monthly charges shall continue in full force effect and shall continue to accrue until such time as all equipment of QuickTel used by the Subscriber is returned to QuickTel or until Subscriber has paid to QuickTel the value of said equipment set forth on QuickTel "Equipment Schedule” in effect on the date hereof.

Additionally, in the event Subscriber fails to return the said leased equipment or fails to pay QuickTel the value of the non-returned equipment set forth on said Equipment Schedule within thirty (30) days from the date of termination of service, loss of equipment or suspension of services, Subscriber agrees to purchase such non-returned (or unpaid for) equipment at the ‘Equipment Schedule” price, and QuickTel shall have no obligation to accept return of said equipment after expiration of said thirty (30) day period.

LIMITS OF LIABILITY

Unless otherwise prohibited by law, neither QuickTel Wireless nor its Underlying Providers will have any liability to Customer or to any third party for: any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of or otherwise arising in connection with, installation, modification or removal of QuickTel Wireless Equipment, the Customer Equipment, the use of the Service by Customer or any other user of the QuickTel Wireless Equipment or other Service-related equipment, including, without limitation, any damage resulting from or arising out of Customer's reliance on or use of the QuickTel Wireless Equipment, the Customer Equipment (and any installation instructions) or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the QuickTel Wireless Equipment or Service; and

any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the installation or use of the Beacon Wireless Equipment, Customer Equipment or Service by Customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party, or based upon a contention that opening Customer Equipment in order to install any Ethernet card required to use the Service invalidates any warranty governing the Customer Equipment.

give rise to a cause of action in contract, tort or any other legal doctrine.

The limitations set forth in this Section apply to the acts, omissions, and negligence of QuickTel Wireless and its underlying Providers (and their respective officers, employees, agents, contractors or representatives) which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.

Customer's sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the

 limitations or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply.

Customer expressly agrees that the use of the QuickTel Wireless Internet connection are at the customer’s sole risk. This connection and the Internet are provided "AS IS" and "AS AVAILABLE" for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

QuickTel shall in no event be liable for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond QuickTel’s control.

In the event that QuickTel installs the equipment at Customer’s location, it shall warrant the equipment for the period of time and to the extent warranted by the manufacturer of said equipment and shall provide a ninety (90) day warranty on its workmanship.

THE LIABILITY OF QUICKTEL IN CONNECTION WITH THE SERVICE PROVIDED BY QUICKTEL IS SUBJECT TO THE FOREGOING LIMITATIONS AND QUICKTEL MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.

 NO WARRANTIES

QuickTel and the operators of any other networks which are used as a result of a QuickTel connection do not make any express or implied warranty of any kind.  Specifically, there is no expressed or implied warranty of merchantability or fitness for a particular purpose.  Neither QuickTel nor the operators of attached networks will be responsible for any loss from delays, non-deliveries, incorrect deliveries, service interruptions, including those caused by negligence, errors, omissions or other losses or damages.  Use of information obtained via the services provided by QuickTel is at the individuals or organization’s own risk.  The individual or organization is solely responsible for (1) the accuracy and/or quality of information obtained or data transmitted and (2) assuring that each message sent has been received.

Neither QuickTel nor the operators of any attached networks shall be liable for any damage arising from any event that is out of its control.  Neither QuickTel or the operators of any attached networks shall be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the provision of service by QuickTel or by the operators of any other attached networks, whether based in contract, tort, or any other legal theory, and whether or not QuickTel or the operators of any attached networks has been made aware of the possibility of such damages.

Neither QuickTel nor the operators of any attached network shall be liable for any software downloaded from the web.  Or to any damages that may result from using the web or from downloading software to any component on your personal or networking system.

QuickTel will not be responsible for any hardware or software damage caused by the installation of any software which it distributes or any technical advice provided by our company.

INDEMNITY

Customer agrees to defend, indemnify and hold QuickTel and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from: (a) any breach of this Agreement by Customer or Users; (b) the use of the Service or the Internet or the placement or transmission of any information, software or other materials on the Internet by Customer or Users, including but not limited to any Customer Data; (c) acts or omissions of Customer, Customer's agents or Contractors in connection with, among other things, the installation, maintenance, presence, use or removal of equipment or software not Provided by QuickTel connected or to be connected to the Service; and (d) claims for infringement of any third party proprietary right, including copyright, patent, trade secret and trademark rights, arising from the use of any services, equipment and software not provided by QuickTel.

MISCELLANEOUS

Customer will notify QuickTel of any change of occupancy or ownership or tenancy. If customer vacates premises, this Agreement will be subject to termination and QuickTel will have the right to disconnect services and remove its equipment.

Customer warrants that customer owns premises to which services will be provided, or customer has the valid consent of the owner of the premises for any necessary changes to premises or premises wiring that arise out of the installation, maintenance, repair and removal of equipment. In addition, customer has reviewed any restrictive covenants or homeowners' association rules to confirm that customer may place an antenna on premises. If later it is determined that the installation of the equipment violates any restrictions or that the customer failed to obtain appropriate permission, QuickTel may terminate this Agreement and discontinue services and may charge customer for all expenses associated with the removal of QuickTel’s equipment. Customer agrees to hold harmless QuickTel for any damages or losses caused by (i) failure of customer to comply with the restrictions or (ii) failure of customer to secure appropriate permission.

QuickTel's failure to enforce or insist upon strict performance of any provision of this Agreement or to exercise any of QuickTel's rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment to any extent of QuickTel's right to rely on any such provision, right, or remedy in that or any other instance. Neither the course of conduct between parties nor trade practice will act to modify any provision of this Agreement.

Customer grants to QuickTel, or any QuickTel appointed subcontractors, permission to enter into or onto customer' premises during normal business hours, Monday through Friday, in order to install, repair, replace, or remove equipment. This permission will be effective whether or not customer is present during the service call.

If customer changes addresses, customer will notify QuickTel of Customer's new address before the move.
 

QuickTel will assign an account password to the Subscriber. QuickTel accounts are for individual users and the Subscriber therefore agrees not to share the password of the account. The Subscriber acknowledges that QuickTel will terminate the account without notice if the Subscriber does not comply with the QuickTel Policies and Conditions presented in this agreement. The Subscriber acknowledges that their QuickTel account is subject to all of the terms and conditions listed in this Agreement EVEN IF THE SUBSCRIBER IS NOT PERSONALLY USING THE ACCOUNT! Any use of the QuickTel account is considered to be authorized and billable to the Subscriber. In addition, the Subscriber is responsible for any obligations to third parties that are incurred through the use of the Subscriber's QuickTel account.

QuickTel Referral Program - QuickTel subscribers may earn a referral credit equal to one free month of Internet access service for each new subscriber that signs up for a QuickTel account. The referral credit for one free month of Internet access service is only available to those QuickTel account holders who are receiving services. The new referred subscriber must keep their QuickTel account current with no delinquent balances recorded for a period of 90 days before the referral credit will be posted to the account of the person who made the referral.

QuickTel reserves the right to refuse service to anyone.

The subscriber agrees that QuickTel may contact the subscriber from time to time using email, direct mail, phone, or other method in order for QuickTel to provide various promotional offers and materials. Subscribers that do not wish to receive such offers and materials should notify QuickTel in writing by email, or by postal mail sent to QuickTel, 224 West Wine Country Road, Grandview, WA 98930.  Voice:  509-882-4009.

ASSIGNMENT

This Agreement shall not be assigned in whole or in part by Customer and any attempt to do so shall be deemed a breach of this Agreement by Customer and QuickTel shall have the right of disconnection and termination as allowed herein. QuickTel may, however, assign all of its rights, duties, and obligations hereunder to any third party. The “Internet” connection provided by QuickTel shall not be used/shared beyond the customers’ property or business location. Customer agrees to not share this connection with other users through the use of any wireless network equipment not authorized by QuickTel.

PRIVACY

QuickTel shall provide equipment and service in accordance with IEEE Standard 802.11. Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless QuickTel and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to QuickTel’s Network. QuickTel will not release any information about you or your account unless required by law, a subpoena, or a court order.

GOVERNING LAW

This Agreement is subject to applicable Federal laws, Federal or State tariffs, if any, and the laws of the State of Washington. Any lawsuit against QuickTel must be brought in Yakima County, Washington. Where QuickTel’s service, terms and conditions are regulated by Washington State and or Federal law, and if there are inconsistencies between this Agreement and the State or Federal law, the State or Federal law will amend this Agreement.