All references to "service" shall mean "Internet access service" only unless otherwise specified. The term “Company” shall at all times refer to Wave Bermuda Ltd., Trading as Horizon Communications. The term “Subscriber”, or “Customer” shall at all times refer to the Subscriber named herein. Any reference to the term “Agreement” or to the term “Contract” is understood to refer to the same. Please also note and initial schedules that may be attached to the “Agreement”.
2. Service Availability Notice:
Service Capability Speed (internet speed) is the rate we deliver internet traffic to and from your home or business. Many factors affect the internet service purchased from the Company and influence the actual internet speed you experience at any given time. The Company does not guarantee uninterrupted service. The availability of the Internet access service provided by the Company will be subject to power outages and other conditions affecting Internet use, which are outside the control of the Company. By accepting the contract, the Subscriber will be deemed to have considered and accepted the qualification with respect to the Subscriber's application of the service to the use of VolP telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections. The Subscriber hereby releases the Company from all claims it may have against the Company in the future arising from damage or losses suffered by the Subscriber as a result of interruption of service due to conditions beyond the control of the Company.
For Customers who add an in building wireless signal distribution system utilizing WiFi devices the range and coverage specifications are based upon test results under normal usage conditions. Actual wireless transmission rate and wireless coverage are not guaranteed and will vary as a result of:
Payment is due on completion of equipment installation and initialization of the Internet service. The Company requires that a deposit be paid, in the amount of 50% of the total installation charges prior to commencement of work. The deposit will be fully refunded to the customer and the Agreement cancelled without further obligations by either party if service cannot be installed within 60 days. Balance of payment is due upon completion of installation and provisioning of service. The term “installation” refers to the antenna located on a structure and cable run to shortest distance to the router within the structure or business location.
b. Internet Service:
On initiation of service, the Subscriber will be billed for the service from the date the service is commenced (anniversary date) to one day prior to that date in the following month. Thereafter, service charges will be billed from anniversary date to anniversary date (billing period). All service payments must be made by Credit Card or Bank Account electronic transfer.
Payment is due in full upon billing. Accounts are considered active until cancelled by the Subscriber.
All accounts will be billed automatically for each billing period. A notice of billing will be sent to the Subscriber via e-mail. A service charge of 1.5% per month will be charged on all past due amounts. If the Subscriber account is referred to collection, the Subscriber agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
Payment for internet services is due 10 days from date of billing. Failure to pay the balance due before the next billing date will result in the account automatically switching to an “Inactive” status, at which time the internet service may be deactivated. To reactivate the service, payment must be made on all balance due.
4. Change in Terms:
The company reserves the right to change the terms and conditions as required to conform with changes in additional services contracted by the Subscriber or changes with Regulatory actions, such action to be taken only in so far as such changes in regulations affect the contract.
5. Applicable Law:
The Subscriber agrees that the service is governed by the laws of Bermuda. The Subscriber agrees that Hamilton Bermuda, in which the registered office of the Company is located, shall be the forum for any legal action relating to the services provided.
6. No Redistribution:
The Subscriber is not permitted to resell or redistribute their Internet connection to other parties without prior written consent. A violation of the term will result in the immediate termination of the Subscriber account. Hospitality and retail service operators, such as hotels, resorts, clubs, marinas, etc. may provide temporary Internet access to their on-premises paying customers and guests, subject to the overall bandwidth limitations of the service plan herein provided.
7. Subscriber Responsibility:
The Subscriber is responsible for.
a. Creating their own back-up copy of any important or critical information that they may have stored on their system or on The Company server.
b. Establishing, maintaining, modifying, and protecting the Subscriber name and password.
c. Ensuring that battery backup is available to the Subscriber radios, routers, etc. during power outages; otherwise, the Internet connection will not be available during a power outage.
d. Ensuring equipment is disconnected or suitably protected from lightning strikes or power surges, the Subscriber is liable for damage to company's equipment resulting from the Subscriber’s failure to protect Company equipment in a prudent manner.
e. Providing adequate virus and spyware protection to the Subscriber's system.
8. Illegal or Inappropriate Use of the Service:
a. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company, or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
b. Subscribers are responsible for the content of messages sent from their account, whether sent as mail or as electronic postings.
c. Subscribers shall not use their account to create or distribute any images, sounds, messages or other material, which are or may be considered in law to be obscene, pornographic, harassing, racist, malicious, fraudulent or libelous, nor use the account for any activity that may be considered unethical, immoral, illegal or against the public interest.
d. Subscribers shall not intentionally seek information about, browse for, obtain copies of or modify files, passwords, tapes or any electronically or digitally formatted or stored information belonging to other individuals, businesses or corporations, no matter where they are located, unless specifically authorized to do so by the owners of or persons having control over such information.
e. Subscribers shall not attempt to decrypt any encrypted material unless authorized to do so.
f. The use of the subscriber account to send out any bulk and or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar email messages sent to 25 or more recipients where the recipient has not specifically requested such email. Any violation of the policy may result in the immediate termination of the account, at the sole discretion of the Company.
g. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. Posting to any newsgroup in contravention of the newsgroup charter is prohibited. The Company reserves the right to determine whether a post constitutes a prohibited act. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists or continued posting of articles that are off topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company.
h. Impersonating another Subscriber or otherwise falsifying one's Subscriber name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
i. A violation of any term in the section will result in the immediate termination of the service.
9. Remedies and Penalties:
The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to breach by the subscriber of any term or condition of the contract. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, the Subscriber shall be held liable for any and all costs incurred by the Company as a result of the Subscriber’s violation of any terms and conditions of the Agreement. The includes, but is not limited to, legal fees and costs resulting from responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for responses to complaints and clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $150 per hour, with a minimum one (1) hour. These rates are subject to change at any time without notification.
10. Common Use Policy:
The Subscriber agrees that the personnel of the Company and its subcontractors (together recognized as the "Service Providers") will be allowed at their sole discretion to install, upgrade, repair and maintain the radio transmission equipment (the "Equipment") to:
a) provide service to the Subscriber; and:
b) operate the network (including without limitation the Equipment at the Subscriber’s premises) for the benefit of, and to provide services to, all Subscribers.
The Subscriber specifically agrees to:
a. Provide space sufficient to install the Equipment on its buildings, structures, or towers (the "Facilities")
b. Allow the Service Provider free access to the Facilities.
c. Allow the Service Provider to always access any applicable outdoor Equipment.
d. Where applicable, provide access to the interior of the Facilities during regular hours of operation for the Service Provider to maintain the Equipment, its power and network connections.
e. Provide reasonable care and protection for the Equipment.
f. Prevent anyone from moving, altering, or modifying the Equipment, its installation, and configurations.
11. Effective Date:
The Agreement is effective upon the date it is executed by both parties, whether or not the subscriber uses the Company's services, and continues in full force and effect until service terminated by either party. If either party terminates the Agreement, the Subscriber is responsible for any charges on the Subscriber account.
If at any time during the term of the Agreement the Subscriber fails to abide by all or any of the terms and conditions in the Agreement, Wave Bermuda Ltd., Trading as Horizon Communications reserves the right to immediately cancel the Subscriber account. The contract may be terminated at any time for default in payment but fees for the remaining contracted period are due in full. In the event the Subscriber wants to cancel the Service, the Subscriber must notify the Company in writing, no later than thirty (30) days prior to such cancellation, provided that such cancellation shall be deemed to be effective no earlier than the date upon which the term of the Agreement or any subsisting renewal thereof expires. The notice must be e-mailed, faxed or mailed to the Company or otherwise delivered in accordance with the Company's policies.
All contracts will be automatically renewed on a month-to-month term at the expiry of the term unless cancelled in writing by the subscriber. Notice of cancellation of a contract must be received by Wave Bermuda Ltd., Trading as Horizon Communications no later than 30 days prior to expiry of the term. The Company reserves the right to refuse renewal of an existing contract upon the expiry of that contract, as well as the right to renew a contract on altered terms, on notice in writing to the subscriber delivered no later than 15 days prior to expiry of the existing contract.
All Company owned equipment supplied on the Subscriber’s premises by the Company to provision the Service remains the property of Wave Bermuda Ltd., Trading as Horizon Communications, or its agents. Any equipment belonging to the Company that is not returned upon termination of service will be billed to the subscriber at full acquisition cost. All relocates for equipment supplied on customer premises by the Company to provision the Service will be extra costs and will be determined per site per customer. The Subscriber agrees that the Company retains the right to remove the Company’s equipment from the Subscriber’s premises for any reason and at any time, determined at the Company’s sole discretion, and further agrees that the Customer’s consent is not required by the Company for the removal of the equipment.
15. Prior Agreements Void:
The approval of an Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between the Subscriber and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
In providing Internet access service. The Company, its officers, directors, employees, representatives, and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SECURITY, AND SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM PROVISION OF OR FAILURE TO PROVIDE THE SERVICE. WTHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET, RELIANCE ON INFORMATION OBTAINED THROUGH THE INTERNET, INTERRUPTIONS IN SERVICE FOR ANY REASON, DELETION OF FILES OR E- MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, DAMAGES TO COMPUTERS AND STORED INFORMATION DUE TO VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF PERFORMANCE.
17. Binding Agreement:
Agreements shall be binding upon the successors and assigns or, as the case may be, the heirs and personal representatives, of the Company and the Subscriber.
If any part of the Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
19. Entire Agreement:
Customers acknowledge that upon signing approval of a service contract the terms and conditions of the contract as set out above have been read, and are understood, and agreed to.
Wave Bermuda Ltd., Trading as Horizon Communications, or its agent may undertake a credit check if required, through the Bermuda Credit Association (BCA), install equipment and provide services as requested.
All Contracts are subject to final site survey and the provisions found in Company Fair Use Policy. Upon completion of the final site survey a decision of service availability and installation price will be determined.
Fair Use Policy
The purpose of this Fair Use Policy is to support the consistent supply of internet services to all customers and end users recognizing that networks are a shared resource, and the activities of one person or business can detrimentally affect their use by other persons or businesses.
You must not, and you must ensure your personnel do not, engage in unfair use.
You must ensure that the contracts you enter into with downstream customers and end users (if applicable) also prohibit them from engaging in unfair use.
Examples of conduct that may constitute unfair use include:
Examples of your responsibilities to ensure fair use include:
Access to Cloud Services assumes reasonable and fair use of the facility on your part. This includes:
In Building Coverage (WiFi)
Range and coverage specifications are based upon test results under normal usage conditions. Actual wireless transmission rate and wireless coverage are not guaranteed and will vary because of:
Thank you for choosing Horizon Communications as your wireless internet provider. To ensure you have a smooth installation experience, if you do not own the premises where service will be installed, we require that you obtain landowner/landlord, condo association Etc. approval prior to installation.
Installation of HORIZON COMMUNICATIONS equipment may involve modifications to the premises. While these modifications are often minor, standard professional installation many times includes drilling holes in order to run cable and attach equipment securely to the outside of the premises. Any such type of modification may be forbidden pursuant to the terms of your lease/rental agreement or may require pre-approval by the landowner/landlord. Please be advised that landowner/landlord approval is required before any modifications to the premises.
Please request that the landowner/landlord, or its authorized representative, complete the section below to acknowledge authorization for the installation and provide this signed form to Horizon Communications at the address below before scheduling an installation.
By presenting this form to HORIZON COMMUNICATIONS you are granting permission to install HORIZON COMMUNICATIONS equipment and are releasing Horizon Communications from the obligation to remove your system after it is installed. This signed installation permission form releases HORIZON COMMUNICATIONS (including any installation technician) from any liability related to damages your landowner/landlord may claim as a result of an alleged violation of your lease/rental agreement as it relates to the installation of your new Horizon Communications equipment.
Should your landowner/landlord only approve the Horizon Communications installation subject to special requirements that make the actual installation more expensive (or exceed what HORIZON COMMUNICATIONS offers as part of its standard professional installation), you will be asked to pay a corresponding charge, to be agreed upon by you and Horizon for the additional services. Depending on the terms and costs associated to the installation, all equipment may belong to Horizon Communications and proper care must be taken of the equipment. Any damages to the equipment will be charged to the subscriber.
Please remember that technical issues may still prevent installation of your HORIZON COMMUNICATIONS equipment. Though this is rare, unforeseen challenges may prohibit installation of HORIZON COMMUNICATIONS equipment.