Internet Service Level Agreement (SLA) and Terms and Conditions Edge Internet Services Inc.

 

1. Introduction

This Internet Service Level Agreement (SLA) and Terms and Conditions (the "Agreement") is entered into by and between Edge Internet Services Inc.("Edge") and the customer ("Customer"). This Agreement governs the use of Edge’s internet services (the "Service").

 

2. Definitions

• "Customer" refers to the individual or entity using the Service.

• "Service" refers to internet access and any additional services provided by Edge.

• "Equipment" refers to the hardware and infrastructure owned by Edge and provided to the Customer for service delivery.

 

3. Service Availability & Performance

Edge commits to maintaining uptime guarantee, excluding scheduled maintenance, force majeure events, and Customer-related issues. In case of service interruptions exceeding the agreed downtime threshold, Customers may be eligible for service credits as outlined in Edge’s refund policy.

 

4. Access to Customer’s Premises

Customer hereby grants Edge and its Affiliates, and their respective employees, contractors, and agents the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the Edge Equipment or Edge’s network, retrieving Edge Equipment, or fulfilling its obligations or exercising its rights under this Agreement. Edge shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Edge, an emergency or other exigent circumstance exists that would require Edge to immediately enter Customer’s property and premises.

 

5. Customer’s Obligation to Maintain Power to Edge Equipment

Customer understands, acknowledges, and agrees that:

• (i) Customer must provide electrical power and a continuous connection to the power grid to Edge Equipment at all times (including, without limitation, when Customer is not using the Service), and

• (ii) Customer’s failure to provide such power and continuous connection may result in damage to the Edge Equipment or to Customer’s computer, equipment, property, or premises, for which damage Customer will be solely responsible.

 

6. Replacement and Upgrade of Edge Equipment

1. Customer will be solely liable for, and Edge shall have no obligation to repair, replace, or otherwise upgrade, any Edge Equipment that has been, as determined by Edge in its sole discretion, damaged or otherwise requires repair, replacement, or upgrade as a result of damage or disruption caused by misuse, neglect, or otherwise caused by Customer, including without limitation, damage or disruption caused by Customer’s failure to comply with this Agreement.

2. Customer understands and agrees that Edge’s ability to provide an appropriate quality of Service to Customer and other customers on Edge’s network may from time to time require upgrades or replacement of the Edge Equipment, and Customer will be obligated to pay the then-applicable "Equipment Upgrade Fee" as established by Edge from time to time, at such time as Edge determines, in its sole discretion, that the Edge Equipment needs to be upgraded or replaced for Customer’s current service plan. Customer understands, acknowledges, and agrees that upgrades in equipment may be necessary when the Customer upgrades their service plan.

 

7. Customer Responsibilities for Equipment Servicing

Customer understands, acknowledges, and agrees that prior to Edge servicing any Customer equipment or Edge Equipment under contract with Customer, it is Customer’s responsibility to:

1. Back-up the data, software, information, or other files stored on Customer’s computer or other devices, including but not limited to disk drives, peripherals, MP3 players, DVD players, camcorders, digital cameras, and other electronic storage devices.

2. Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media from Customer’s equipment.

3. Customer agrees that whether or not they request back-up services from Edge and/or its service providers, neither Edge nor its service providers shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, or files.

 

8. Service Limitations

Edge does not recommend Customer rely on wireless Internet or VoIP for emergency contacts (such as 911 calls) and cannot guarantee the reliability of such services.

 

9. Customer’s Representations, Responsibilities, and Warranties

(a) If Customer is an individual, Customer represents and warrants that they are at least the age of majority in their state of residence and have legal authority to execute this Agreement. If Customer is a business or commercial entity, the individual executing this Agreement represents and warrants they have legal authority to execute this Service Agreement on behalf of Customer.

(b) Customer agrees that the Service is personal to them and agrees not to assign, transfer, resell, or sublicense Customer’s rights under this Agreement unless specifically permitted. For residential Customers, Customer agrees that the Service and the Edge Equipment shall be used only by Customer and by members of Customer’s immediate household living at the same address. For business Customers, Customer agrees that the Service and Edge Equipment shall be used only by Customer and by authorized members of their business located at the same address. Customer acknowledges they are executing this Agreement on behalf of all persons who use the Service through the Edge Equipment.

(c) Customer represents and warrants that they will not use the Service in a manner that:

• (i) Infringes or violates intellectual property, privacy, or proprietary rights of any third party;

• (ii) Violates any local, state, or federal law;

• (iii) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, or otherwise objectionable;

• (iv) Accesses, discloses, or disposes of personally identifiable information without authorization;

• (v) Transmits any virus, malware, or harmful computer code.

(d) Edge reserves the right to suspend Customer’s access to the Service at any time upon receipt of claims or allegations from third parties or if Edge is concerned that Customer may have breached this Agreement.

(e) Customer agrees to provide and maintain accurate information with Edge, including legal name, email address, service address, billing address, and payment details. Failure to maintain accurate information constitutes a breach of this Agreement.

 

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state OF COLORADO which is where Edge is headquartered, without regard to conflicts of law principles.

 

11. Acceptance

By using Edge’s Service, the Customer acknowledges they have read, understood, and agreed to this Agreement.

 

Customer will automatically be charged a fifty-dollar ($50.00 US) fee for any check returned for non-payment or insufficient funds, “Check Non-Payment Fee.”

 Edge shall not be obligated to provide the Service during Monthly Billing Cycles for which Customer has not paid the applicable Monthly Fees in advance. If at any time Customer’s account has past due amounts or upon Customer’s violation of this Agreement (including any documents incorporated by reference herein), Edge may, in Edge’s sole and absolute discretion, suspend provision of the Service to Customer and/or terminate this Agreement. Amounts are past due if not paid by the twentieth calendar day of Customer’s Monthly Billing Cycle. Customer understands, acknowledges and agrees that Edge is not required to provide notice before suspending or disabling the Service and/or terminating the Customer’s account or this Agreement, and Edge will not be liable to Customer or any Authorized User for any such suspension, disabling or termination or any damages that may result therefrom. In order to restore service after a disconnection, Customer agrees to pay the applicable “Re-installment Fee” set forth in the COS.

 For the Edge Service generally, Customer also agrees to pay all applicable federal, state, and local taxes and fees, including without limitation those imposed after the date of execution of the COS.

 In the event Customer experiences a Service outage for more than two (2) consecutive hours and is unable to transmit and receive information through Edge’s network to other portions of the Internet and Customer notifies Edge immediately of such event and Edge determines that such inability was caused by Edge’s failure to provide said services for reasons within Edge’s reasonable control and not as a result of any actions or inactions of Customer or any third parties (including failure of third party equipment), and such inability is not a result of scheduled maintenance of Edge’s equipment or services, Edge will, upon Customer's request, credit Customer's account the connectivity charges for the length of the outage. Customer credit may not exceed the Monthly Service Fee in any single calendar month.

Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between Edge Equipment and other components of Edge’s network, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Edge’s control and system failures, modifications, upgrades and repairs.

 Customer understands, acknowledges and agrees that Edge is NOT responsible for: obstructions that might be erected or grow between Customer’s antenna and Edge’s network antenna causing a degradation or loss of service; equipment upgrades necessary over time to address changes in foliage or other reasons; debris or ice on antenna; re-aiming the antenna; reconfiguration of network settings due to, but not limited to, tampering or re-installation of operating systems; physical or electronic damage to Customer’s or third party’s person or equipment, including without limitation to damage caused by lightning or by the equipment itself; damage caused by hackers or viruses; or loss of data, whether such data resides on Edge servers or not.

Customer understands, acknowledges and agrees that Edge may in the future offer other Customers on Edge’s network Service with specific minimum service standards (including, without limitation, minimum standards for speed, bandwidth, latency or availability) (such minimum service standards that may be offered in the future “Future Enhanced Service”).

Refunds. If Service cannot be supplied by Edge for any reason, a full refund will be given for any prepaid service fees and equipment returned in new resalable condition. At the discretion of Edge Management, service may be cancelled without penalty within thirty (30) days of service installation for quality of service issues. A full refund will be given for equipment returned in new resalable condition and for any remaining portion of prepaid monthly service charges pro-rated daily. All other payments are non-refundable. In addition, EDGE may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by EDGE to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s).

14. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE EDGEEQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND EDGEEQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN SECTION 3 HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER EDGENOR ITS AFFILIATES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA, FILES, OR CUSTOMER MATERIAL CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES WITHOUT LIMITATION INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR EDGE EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM EDGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT EDGE AND ITS AFFILIATES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT EDGE AND ITS AFFILIATES, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NON-PERFORMANCE.

(c) EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER EDGE NOR ITS AFFILIATES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, OR LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON Edge’S NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO Edge’S NETWORK WILL BE AVAILABLE TO CUSTOMER.