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Master Services Agreement

MASTER SERVICES AGREEMENT

This Master Services Agreement ("Agreement") governs the provision of services by Unwired Access, LLC ("Unwired Access," "we," "us," or "our") to the customer ("Customer," "you," or "your").

This Agreement is effective upon the earliest of:

  • • Scheduling of installation,
  • • Activation of service,
  • • Use of any Unwired Access service or equipment, or
  • • Payment of any invoice.

1. ACCEPTANCE OF TERMS

  • • THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH UNWIRED ACCESS PROVIDES SERVICES AND/OR EQUIPMENT, WHETHER OR NOT YOU HAVE READ IT.
  • • If you do not agree, you must notify Unwired Access immediately and service will not be provided.
  • • Use of the services constitutes express acceptance and creates a legally binding agreement.
  • • Cancellation of service does not relieve you of obligations incurred prior to cancellation.

2. SERVICES

2.1 Services Defined

"Services" means broadband internet access and related services provided by Unwired Access, whether now offered or introduced in the future.

2.2 Service Availability

Services depend on factors including but not limited to:

  • • Line-of-sight
  • • Network capacity
  • • Power availability
  • • Environmental conditions
  • • Infrastructure access

Unwired Access does not guarantee availability at any location and may refuse or discontinue service if delivery is not technically feasible.

2.3 Residential vs Business Use

  • • Residential services are for private, non-commercial use only.
  • • Business services are limited to the subscribed service address.
  • • Resale, redistribution, or public access without written authorization is prohibited and may result in termination and reclassification at commercial rates.

3. INSTALLATION & SPI INCORPORATION

  • • All installations are governed exclusively by the Standard Professional Installation Policy ("SPI"), which is incorporated by reference.
  • • The SPI defines scope, pricing, exclusions, rescheduling requirements, and liability limits.
  • • In the event of any conflict, the SPI controls all installation-related matters.

4. BILLING & PAYMENTS

4.1 Charges

You agree to pay all charges associated with:

  • • Services
  • • Installation
  • • Equipment
  • • Taxes, fees, and regulatory assessments

Invoices are billed in advance unless otherwise stated.

4.2 Payment Method

  • • You authorize Unwired Access to charge the payment method on file for all amounts due.
  • • Failure to maintain a valid payment method may result in suspension or termination.

4.3 Late & Failed Payments

Unwired Access may:

  • • Assess late fees
  • • Suspend service
  • • Require reconnection fees
  • • Convert term plans to month-to-month

5. EQUIPMENT

5.1 Ownership

All Unwired Access–provided equipment remains the exclusive property of Unwired Access and is not a fixture of real property.

You may not:

  • • Modify
  • • Relocate
  • • Access
  • • Reset
  • • Tamper with

the equipment.

5.2 Loss or Damage

  • • You are responsible for loss, theft, or damage beyond normal wear.
  • • Failure to report theft promptly may result in replacement charges.

6. DISCLAIMER OF WARRANTIES

  • • THE SERVICES AND EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."
  • • UNWIRED ACCESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
    • - MERCHANTABILITY
    • - FITNESS FOR A PARTICULAR PURPOSE
    • - NON-INFRINGEMENT
    • - UNINTERRUPTED OR ERROR-FREE SERVICE
  • • No oral or written statements create any warranty.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • • UNWIRED ACCESS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  • • UNWIRED ACCESS SHALL NOT BE LIABLE FOR LOSS OF DATA, REVENUE, BUSINESS, OR USE.
  • • INSTALLATION-RELATED LIABILITY IS STRICTLY LIMITED AS SET FORTH IN THE SPI.

8. FORCE MAJEURE

Unwired Access is not liable for delays or failures caused by events beyond its reasonable control, including but not limited to:

  • • Acts of God
  • • Power failures
  • • Weather
  • • Government action
  • • Network or upstream provider failures

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Unwired Access and its officers, employees, contractors, and agents from any claims arising out of:

  • • Your use of the services
  • • Violation of this Agreement
  • • Violation of law
  • • Unauthorized distribution or resale
  • • Equipment misuse

10. DISPUTE RESOLUTION & ARBITRATION

  • • MANDATORY ARBITRATION. NO CLASS ACTIONS. NO JURY TRIALS.
  • • Any dispute shall be resolved by binding arbitration in Colorado, under AAA Commercial Rules.
  • • Each party bears its own costs unless otherwise required by law.

11. GOVERNING LAW

This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

12. MODIFICATIONS

This Agreement may only be modified:

  • • In writing
  • • Signed by an authorized officer of Unwired Access

No employee or contractor has authority to alter these terms.

13. INCORPORATED DOCUMENTS

This Agreement incorporates by reference:

  • • Standard Professional Installation Policy (SPI)
  • • Acceptable Use Policy (AUP)
  • • Privacy Policy
  • • Any applicable Service Addenda (e.g., VoIP)

14. ENTIRE AGREEMENT

This Agreement supersedes all prior agreements and representations.