Contracts & Policies
INTERNET OPERATING AGREEMENT
Bertram Communications LLC
1. INTRODUCTION
This Agreement is between Bertram Communications, located
at 300 Industrial Drive,
Random Lake, WI
53075, (hereinafter called “Bertram”) and “Customer” as noted at the bottom
of Agreement. Customer agrees to
all terms and conditions outlined below.
2. DEFINITIONS.
The terms below will be used throughout Agreement and will
be interpreted as follows:
WIRELESS: This will
refer to both Residential and Business Wireless Customers.
RESIDENTIAL: This
refers to a Customer that will use wireless equipment to access the Internet
and the Bertram network.
Connections under this category will be subject to specific limitations and
pricing as outlined below.
SMALL BUSINESS:
This refers to a Customer that will use wireless equipment to access the
Internet and the Bertram network.
Connections under this category will be subject to specific
limitations and pricing as outlined below.
BUSINESS: This refers
to a Customer that will use wireless equipment to access the Internet and
the Bertram network.
Connections under this category will be subject to specific limitations and
pricing as outlined below.
3.
TERM.
The initial term for Agreement will commence on the date
of signup for the installation date of the wireless access equipment for
Wireless Customers. The initial terms for Wireless Customers is twelve
(12) months. Upon completion of the initial yearly term, the contract
will be automatically renewed unless written notification is given prior to
each term. Bertram reserves the right to terminate the services of
the Customer for any violation of the Terms of the Agreement. Accounts
not paid within 11 days will be deemed delinquent and subject to service
shut off. Delinquent fees for turning service back on after shut off is $25. If the
Customer elects to terminate the Agreement, notice must be given in writing.
The basic service fee will not be prorated for the month of termination.
The Customer’s account will remain active until the end of the current
billing period. Wireless accounts terminated prior to expiration of
the yearly term will be subject to a $200.00 disconnection fee in addition
to any other charges that have been incurred. The Customer is required
to pay all amounts in full to Bertram within thirty (30) days of
termination. This will be considered a disconnection and will result in a
$200.00 penalty. Equipment will be returned to Bertram Wireless in working
order. Equipment can be picked up after termination for $50. All fees are subject to
review or increase. If a increase is made by Bertram Wireless, an email will
be sent to the customer in advance. It is the responsibility of the customer
to have a email address on file for notification. Bertram shall not be held liable for any incidental or consequential
damages that result from the termination of the Agreement.
4.
DISCLAIMER.
Customer agrees use of the Internet is at Customer’s sole
risk. Bertram does not warrant
the service will be error-free or uninterruptible and will not be
responsible for any damages Customer may incur as a result.
The service is distributed on an “as is” and “as available” basis
without warranties of any kind.
Bertram does not warrant that the services will be free from viruses or
other harmful components.
Bertram is not responsible for any of the actions that Customer performs while using the service.
Customer agrees to hold Bertram harmless from all claims resulting
from Customer’s violation of state and federal laws including, but not
limited to, copyrighted material.
Bertram is not responsible for the truthfulness or reliability of
nature of content available on the Internet.
If network is down, Bertram will not be held responsible for any lost
time, data, emails etc., and will get the network running as soon as possible.
This service is not to be used for last mile or 911 emergency calls
at any time. Violations are the
responsibility of the customer.
5.
PAYMENT.
It will be the sole responsibility of the customer to pay
monthly Internet bills.
Bills will not be sent to the customer’s home.
Customers will need to pay their monthly Internet bill by cash, debit
card, credit card (Master card, Discover or Visa) and check only.
Check paying will will have a $2.00 fee for each time a check is used. A penalty of $35.00 will be assessed on returned checks.
Payment must be received by the 11th day of every month.
If payment is not received by the 11th of every month, the
account will be deemed delinquent and service will be suspended.
If Customer is delinquent on payment and service is shut off, a
reconnection fee of $25.00 will be applied.
Failure to remit payment may result in suspension of service or may
be reason for termination of Agreement without notice to Customer and at the
sole discretion of Bertram.
6.
WIRELESS EQUIPMENT.
Wireless Customers will be charged a non-refundable one
time usage fee upon signing the internet agreement.
Equipment installed for wireless service will at all times remain the
property of Bertram.
Customer shall pay the full retail
cost of the repair/replacement cost
of any lost, stolen, unreturned, damaged, sold, acts of god incidences, or
transferred equipment. The full retail cost is ($450.00).
In addition, Customer will be liable for any costs incurred by
Bertram in obtaining or attempting to obtain any such equipment.
7.
WIRELESS INSTALLATION.
Installation of wireless equipment will be installed by
Certified Insured installers only. Bertram Wireless has a listing of
independent installers that fit this criteria. These installers are
not Bertram Wireless employees and will be working for you, but are expected
to install equipment to Bertram Wireless' specifications. Installers will be
paid on the day of the install. No Self installs.
8.
CONTRACTS WITH MINORS.
Customers must be at least eighteen (18) years of age to
subscribe to our services. An
adult who will be legally responsible for the contract must sign contracts
for minors.
9.
INDEMNIFICATION/RELEASE.
Customer, its agent, and/or successor agrees to indemnify
and release Bertram, its affiliates, employees, agents, or subcontractors
from any liability for any claims, losses, actions, damages, or suits
arising from the installation, use, or termination of Bertram services.
10.
GOVERNING LAW AND VENUE.
The laws of the State of
Wisconsin shall govern the terms of the Agreement.
The parties hereto stipulate and agree that the exclusive venue for
the resolution of all disputes concerning this Agreement shall be
Sheboygan County, Wisconsin.
Internet Signal or Resale Theft
of Bertram Wireless Communications
Internet signal theft is the illegal
interception of Internet services without the authorization of or payment
to Bertram Wireless. While laws vary from state to state, according to the
Federal Telecom Act of 1996 (47 USC 553 and 605), Internet Signal theft is a
crime that is punishable by a financial penalty of $250,000 and or 10 years
jail time. This pertains to anyone that may steal, resell the signal and
anyone helping this person, without express permission of Bertram Wireless.
Wireless
networking is a great system, but when using a wireless network subscribers
should always secure their home networks from unauthorized
users. Unsecured wireless networks allow others to access a subscriber's
network and potentially see all of the subscriber's personal files, allow
potential criminals and terrorists to send untraceable communications or
allow an individual to download illegal materials, such as copyrighted or
obscene material that would lead back to the subscribers modem /router/switch.
11.
MODIFICATIONS.
Bertram reserves the right to modify this agreement at its
sole discretion and with ten (10) days prior notice to Customer.
Notice of changes does not need to be in writing but may be handled
through website, e-mail, or other manner.
12.
NO WARRANTY.
Bertram makes no warranty whatsoever, express or implied,
in connection with the provision of the service and, specifically, without
limited makes NO WARRANTY OF MERCHANTABILITY and NO WARRANTY OF FITNESS OR
SUITABILITY FOR PURPOSE.
13.
LIMITATION OF LIABILITY.
Bertram is not liable to the Customer for ordinary
negligence and the Customer releases any claim against Bertram which the
Customer might otherwise have based on ordinary negligence in connection
with the provision of the service.
14.
LIMITATION OF DAMAGES.
In any event, Bertram shall not be liable for indirect,
incidental, special, punitive or consequential damages arising from or related
to the Service, regardless of the legal theory under which such liability is
asserted and regardless of whether Bertram has been advised of the possibility
of such liability, loss, or damage.
Further, in any event, if there should be liability for any reason whatsoever,
the Customer’s right to damages hereunder shall be limited to any amount not
exceeding one month’s payment for the service.
15.
INDEMNIFICATION.
Customer agrees to indemnify Bertram and hold harmless against
any third party claims, demands, suits, or actions, relating to or based upon
the Service provided (or defectively or not at all provided) to the Customer.
16.
REPRESENTATIONS OF CUSTOMER.
The person accepting this agreement for the Customer is fully
authorized to do so, and the acceptance by such person is binding upon and
enforceable against the Customer.
Dated this ______ day of _________________, 20____.
_____________________________________
Customer’s Printed Name
____________________________________
Business Name (if applicable)
_____________________________________
Customer’s Signature
PRINT CONTRACT HERE
It is
REQUIRED that all Bertram Wireless customers read this policy.
Disobedience of the rules outlined here can result in termination of the
Internet Access from Bertram Wireless. Even if you have not read the policy,
all rules must be followed, so please take the time to read it.
Bertram Wireless sets forth an Acceptable Use Policy
with the intent of protecting service, our customer and other users of the
Internet from potentially abusive actions taken by Bertram Wireless
customers. The following policy in non-exclusive; any action about which
there is doubt should be referred to Bertram Wireless for evaluation. Bertram wireless reserves the right to edit this policy at any timed deemed
necessary.
Acceptable Use: Dial Up
There are no refunds given for annual service
plans, these plans are based on discounted monthly rates with the
understanding that they will be maintained for the full year. Monthly
service plans can be cancelled as of the end of the current billing
cycle.
Dial up connections to Bertram Wireless that are
idle for 30 minutes or longer or connected for more than 5 hours
continuously, will be disconnected. Idle time is defined as a period
during which no input or out-put is sent or received across the modem
connection.
Multiple simultaneous logins to a single Bertram
Wireless dial-up account are prohibited.
This is not a dedicated modem connection. Use of
Bertram Wireless dial up service as a dedicated modem connection through
use of re-dialers and idle-time traffic generators is prohibited. There
is a 360 hour monthly cap on unlimited dial up connections.
Dial up accounts are considered abandoned if not
accessed for three consecutive months. Bertram Wireless will remove
abandoned accounts on the first of the month without notice unless you
make special arrangements.
Bertram Wireless enforces these policies with
respect to Bertram Wireless customers only. We are not responsible for
abusive actions which originate from other sites or networks on the
internet.
Bertram Wireless reserves the right to revoke or
discontinue service at any time with or without reason. If a user is
found to have violated any portion of the AUP, said user is subject to a
penalty fee billed by Bertram Wireless of $250 or a rate or $125/hour
for the time it takes to research the incident in question. Said account
will not be reactivated until penalty fees and existing invoice amounts
have been paid in full.
If the Customer elects to terminate
service, notice must be
given in writing.
Acceptable Use: Email
Acceptable use of email
does NOT include:
Sending unsolicited mass mailings of any nature,
including those with a “negative option” for continuation. The negative
option is inviting those who do not wish to receive more email to reply
to you.
Sending large number of email messages, or
singularly large email messages to a single address in order to floods
someone’s mailbox.
Forging email headers to obscure the true
originator of the message.
Sending harassing email, either by language, size
or frequency. This includes sending email (or real time) messages to a
person who has asked explicitly that you do not.
Acceptable Use: Wireless
Bertram Wireless is not responsible for damage to your receiver or
computer due to lightening damage, power surges or other acts of god.
Insurance is offered from Bertram Wireless for an additional $5 per
month with a $30 deductible. Insurance plan covers one radio failure per
year only. If you decline Bertram Wireless insurance, you are
responsible for the equipment or the coverage under your homeowners policy.
After the receiver leaves our Corporate office, it
is the customer’s sole responsibility to maintain equipment and return
to Corporate at the end of the service agreement.
In the event of connectivity problems, Bertram
Wireless will help address any issue from the antenna to the end of the
Motorola power pigtail via phone service. We will not support router or computer issues over
the phone. If a service call is needed to solve these problems,
arrangements can me made for a fee to be determined by Bertram Wireless.
Internet Signal or Resale Theft of
Bertram Wireless Communications
Internet signal theft is the illegal
interception of Internet services without the authorization of or payment
to Bertram Wireless. While laws vary from state to state, according to the
Federal Telecom Act of 1996 (47 USC 553 and 605), Internet Signal theft is a
crime that is punishable by a financial penalty of $250,000 and or 10 years jail
time.
This pertains to anyone that may steal,
resell the signal and anyone helping this person, without express permission of
Bertram Wireless.
Wireless
networking is a great system, but when using a wireless network subscribers
should always secure their home networks from unauthorized
users. Unsecured wireless networks allow others to access a subscriber's network
and potentially see all of the subscriber's personal files, allow potential
criminals and terrorists to send untraceable communications or allow an
individual to download illegal materials, such as copyrighted or obscene
material that would lead back to the subscribers modem /router/switch.
Acceptable Use: Web and FTP Sites
Acceptable use of
Bertram Wireless web/ftp space does NOT include:
The posting of pornographic or otherwise indecent
or offending materials.
Distribution of restricted software materials in
violation of copyrighters or distribution licenses. (mp3s/Warez/etc.)
Distribution of material which violates local,
state or federal statutes.
The posting of slanderous or defamatory materials
or articles.
Bertram wireless
reserves the right to restrict or terminate service without refund in the
event of an AUP violation. Bertram Wireless also reserves the right to take
action on abuse which is not specifically named in this AUP at the sole
discretion of Bertram Wireless. Use of the Bertram Wireless systems or
network constitutes understanding and agreement of this policy. Any and all
legal expenses incurred by Bertram Wireless resulting from failure to follow
AUP guidelines will be borne by the account holder responsible for the
infraction.
Acceptable Use: Existing Customer Policy
(Customers that were transferred from another service provider)
If you purchased or rented your receiver from another service
provider and your receiver fails, you will have to pay a $200 one time rental
for your receiver. At that time you have the option to place our insurance
policy on your receiver for an additional $5 per month and the receiver is owned
by Bertram Wireless .
Acceptable Use: Insurance Policy
If you do not put an insurance plan on your
new receiver and your receiver fails you will have to pay $450 per our contract,
this does not include the reinstall.
Our Insurance is for new radios only unless it is checked by our staff or one of
our installers. If a customer would like to add our insurance to an existing
receiver, a $35 charge for the testing will be charged. If the receiver tests
out without errors, then insurance can be placed on the receiver.
No claim will be made within 30 days of purchasing insurance and only
one claim per year.
Please don't forget to read our
contract.
