1. Customer Cooperation. Customer will have the following obligations in regard to the services: (a) customer will pay monthly recurring charges and non-recurring charges (plus taxes and other fees or charges, as applicable) (b) customer will allow Panora Fiber (the Company) access as reasonably required for the services to be installed, activated, maintained and provided as contemplated herein; and (c) customer will ensure that the location at which Panora Fiber installs, activates, maintains or provides services is a safe working environment, free of hazardous materials and reasonably suitable for the services.
2. Scope of Service. From time-to-time the Company may change or delete its services, and may change its service and other charges. The Company will give you reasonable prior notice of increases or other changes in its charges in conformity with applicable law. You understand and agree that, without liability to the Company, the content, programs, and/or formats of the services may be discontinued, modified, or changed by the owners of such services at any time without prior notice to you. The Company cannot control the lawful “blacking out” of certain special events or programs, and the Company has no responsibility for such matters.
3. Equipment. To provide service, the Company will install one or more items of hardware or software (collectively, “Installed Equipment”) including 1 wireless router and, if needed, 1 mesh extender, is provided to customer as part of the service. Addition-al mesh units may be leased for an additional monthly recurring charge. All Installed Equipment is owned by and remains property of the Company, even if such Installed Equipment is located on customer premises or integrated with customer or third-party equipment during the term of this Agreement. In the event Installed Equipment is destroyed, damaged (ordinary wear and tear excepted), lost or stolen while in customer’s possession, customer is responsible for the full cost of repair or replacement. If within ten (10) days from cancellation or termination of service, all Installed Equipment has not been returned to Panora Fiber in good working condition), customer may be charged for the full cost of replacement. Note: The Company assumes no responsibility for the operation, maintenance, or repair of any customer-owned equipment, including but not limited to Wireless routers, TVs, DVD players, Blu-ray players, streaming devices, audio receivers, or other devices.
4. Warranty. Services are provided on a best-efforts basis. Panora Fiber is not the manufacturer of, nor a dealer in, any Installed Equipment. If any Installed Equipment is defective when installed or provided, Panora Fiber will either repair or replace the defective item at no additional cost to customer. The foregoing warranty is exclusive and is in the place of all other warranties, whether written or implied, in fact or in law. Panora Fiber disclaims any and all warranties of merchantability or fitness for a particular purpose.
5. Exclusions. Service does not include: (a) repair or replacement of any Installed Equipment, electrical work, or repair of damage resulting from operator error, force majeure events, vandalism, electrical or environmental issues, or maintenance provided by a party other than the Company or its authorized personnel; (b) maintenance or support outside of the standard mainte-nance and support window set forth in Section 2 above; nor (c) extraordinary maintenance or support due to equipment or configuration changes made by customer or any party other than the Company or its authorized personnel.
6. Limitations of Liability. The extent permitted by law, the Company’s total liability for any claim arising in connection with this service relationship including for any express or implied warranties, is limited to the amount customer has paid for the services provided, whether such claim or remedy is sought in contract or tort, including negligence, strict liability or otherwise. To the extent permitted by law, the Company shall not be liable to customer or any third party for any consequential, incidental, indirect, punitive, special or enhanced damages, including, but not limited to lost profits, lost business, or other commercial or economic loss, whether such damages are claimed for breach of contract, negligence or otherwise and whether or not we have been advised of the possibility of such damages.
By signing below, you affirmatively request service and agree to be bound by and comply with all the terms, conditions and provisions contained in this Agreement.