NIASAT End User Agreement
Agreement: These Terms and Conditions are part of the Network
Innovation Associates, Inc. (hereafter referred to as “NIA”) Agreement
("Agreement") by and between the Customer
identified in the Agreement ("Customer") electronically accepted or
executed by Customer and the provider of NIASAT Services, Network Innovation
Associates, Inc. doing business as NIA. Pursuant to the Agreement and subject
to availability, NIA shall provide to Customer the NIASAT Services ordered in
the Agreement ("Services"). NIA recommends that Customer print out a
copy of these Terms and Conditions and retain the copy with the rest of
Customer's NIASAT Contract. IF CUSTOMER IS NOT A BUSINESS, CUSTOMER HAS A RIGHT
TO A HARD COPY OF THIS AGREEMENT FREE OF CHARGE.
Billing
and Payment: Commencing with the first full month of service, NIA shall
invoice Customer applicable service charges and fees listed in the Contract
Order Form, as well as applicable taxes and government surcharges. The first
invoice will include any non-recurring charges incurred and the pro-rated
monthly recurring charge for service rendered prior to the invoice date, as
well as the monthly recurring charge for service to be provided during the
month in which the invoice is sent. Payment by Customer of invoiced amounts in
U.S. dollars is due within twenty (20) days of the invoice date. Authorized
monthly credit card payments are charged to Customer's credit card within the
first week of the month. Past due accounts will be charged a late fee of 1.5%
per month (or legal limit, if less) on any unpaid past due balance. NIA may sell, assign, or transfer Customer's
account to a third party without notice. In the absence of a notice of such
sale or transfer, Customer must continue to make all required payments to NIA
in accordance with Customer's billing statement.
Additional
NRC (if Applicable): In addition to the standard NRC listed above, the following
NRC, if applicable, will apply:
|
Customer
Premises Equipment: NIA’s Customer Premises Equipment ("CPE") is the
sole property of the customer and is purchased by the Customer solely to
utilize NIASAT Services. CPE is not to
be used with any other service, and any violation of this term will result in
immediate deactivation of NIASAT service.
Customer is responsible for maintaining the CPE in good working
condition. Customer shall reimburse NIA, on a time and materials basis as
documented in an invoice, for the cost to repair and/or replace NIA CPE in the
event of (a) misuse, (b) failure to exercise reasonable care, (c) physical
damage, (d) theft, or (e) disaster. The
warranty of the CPE shall be 365 days from installation. The warranty covers all failures except those
previously listed.
Support
and Escalation Procedure: Customer may contact NIA for
any and all service and hardware issues by calling 559-271-5500 24 hours a day,
seven days a week or emailing techsupport@getnia.com.
The NIA escalation procedure involves a tiered troubleshooting guideline as
follows: Tier 1 handles all initial inbound calls and escalates them after
performing basic hardware and service troubleshooting. Tier 2 handles all issues beyond tier 1
troubleshooting. Tier 3 handles all NOC
(
Standard
Installation: The NIA installation process at Customer premises should take
approximately four to six (4-6) hours to complete (please note that 360 minutes is the allotted time for the
Standard Installation NRC for all NIASAT systems. Additional time, if needed,
will be invoiced as described above). The installer will provide and install up
to one-hundred (100) feet of RG6 coaxial cable. The installer will provide and
install an appropriate surface- mounted wall jack, the proper CPE (router,
bridge, etc.), an appropriate cable to connect your P.C. to the CPE and other
minor materials required to complete the installation. The installer will install
(in an accessible basement or crawl space area or externally along a convenient
route) the wire needed to connect the outdoor satellite equipment or NIASAT
demarcation located outdoors to a reasonably accessible location within
Customer's premises at or near the primary personal computer location, which
must be within six (6) feet of a grounded, 110 VAC, electrical outlet. The
installer will test the satellite connection to confirm its operability,
connect and configure one (1) non-networked P.C., and verify complete
connection functionality. If the bandwidth is migrated from another ISP, its
installation for the purpose of billing shall be complete upon post-migration
activation by NIA. All Installations
require a VSAT Certified, NIA approved installer.
Domain
Name Fee:
The registration and maintenance of Customer's domain names are Customer's
responsibility and not included in the NIASAT Service.
IP
Addresses: Upon IP address reassignment or expiration, cancellation, or
termination of the Agreement, Customer shall relinquish any IP addresses or
address blocks assigned to Customer by NIA.
Services
Availability: Once installed, Services will be available 24 hours a day, 7
days a week, except in the event of any scheduled preventive maintenance, for
which NIA will use commercially reasonable efforts to provide prior
notification via electronic mail to Customer, or of any unscheduled emergency
maintenance which shall be concluded as soon as practicable.
Service
Performance: To test the quality of NIASAT services, customer will contact techsupport@getnia.com for correct,
current, and reliable procedures. Test
performed at internet speed test sites are not acceptable service meters, since
throughput varies from site to site. The service utilizes satellite technology,
and NIASAT is required to spool data in a different matter to meet customer
specifications, and this can cause misleading data rates when performing
internet speed tests (either to high or too low). Customer understands that NIA
does not guarantee nor promise any specific throughput outside of a separate
service level agreement.
Minimum
Service Term: THE MINIMUM SERVICE TERM SHALL BE THAT STATED IN THE CONTRACT
ORDER FORM FOR THE RESPECTIVE SERVICE ORDERED BUT SHALL BE NO LESS THAN 365
DAYS FROM THE DATE ON WHICH NIA INSTALLS THE OPERABLE SATELLITE SERVICE ORDERED
OR SUBSEQUENTLY ACCEPTED BY CUSTOMER. The one-year Minimum Service Term will
automatically renew for consecutive one (1) year Minimum Service Terms unless
Customer provides to NIA written notice of termination, or either party
provides to the other written notice of non-renewal, at least 30 days prior to
the expiration date of the then-current Minimum Service Term. (Early
termination fees discussed in the Agreement shall apply to termination during
any Minimum Service Term.)
Suspension
and Termination of Services: Customer may terminate Services upon 30 days prior
written notice to NIA, provided that Customer pay to NIA the early termination fee
if the termination occurs within the minimum Services Term. Such termination
notice from Customer must be in the form of an email sent to customerservice@getnia.com, and/or
a formal letter sent to NIA via
Effect of
Termination: Upon termination of NIASAT, NIA will disconnect the service
and invoice Customer for all remaining charges, including but not limited to:
early termination, extra install costs, and remaining balance. Likewise, for
any termination of NIASAT that occurs after Customer submits its NIA Agreement
with Service Order but within 365 days of the Services installation date, NIA
shall invoice Customer, and Customer shall pay, an
Early Termination Fee of $500 or 70% of remaining contract value (whichever is
greater). NIA will waive the Early Termination Fee if (i) Customer cancels its
order within 5 business days of placing it; (ii) NIA cannot install ordered
Services within 50 days after NIA accepts the NIA Agreement executed by
Customer, and Customer chooses not to wait for NIA to complete the
installation; or (iii) for a period of more than 20 business days after Customer
informs NIA of the problem, Customer's Services circuit is inoperative or
unable to transport data reliably at the sync rate accepted at the time of
installation, and Customer then chooses to deactivate.
Service
Level Credits: Upon Customer's request, NIA will credit to Customer's account
an amount equal to the connectivity charges for three (3) times the length of
any unscheduled satellite connectivity outage of at least two hours duration,
provided that Customer notifies NIA immediately of such outage, and that NIA
reasonably determines that such outage was attributable to NIA and not to any
action or omission of Customer or any third parties (including failure of third
party equipment). Customer credit may not exceed 75 % of one month's service
fees in any single calendar month. Customer must request credit in writing or
via e-mail within 72 hours of Services restoration.
Acceptable Use Policy: Customer and all of its employees shall
abide by the terms of the Acceptable Use Policy ("AUP") set forth at http://www.getnia.com/aup/legal/aup.html
and incorporated herein by reference. Reselling the Services without NIA’s
express written authorization is prohibited by the terms of the AUP. By
accepting this Agreement, Customer agrees to this AUP and any subsequent
modifications thereto. NIA reserves the right to modify this AUP from time to
time, effective upon posting the AUP as modified at the URL shown above. If,
following, receipt of Customer's. NIA does not endorse or
in any way warrant the accuracy, completeness, truthfulness, or reliability of
any service, opinion, advice, communication, information, or other content on
or made available through the Services unless created by NIA. Content, not created
by NIA, does not constitute or reflect the views or opinions of NIA and has not
been approved by NIA. NIA does not recommend that such content be relied upon
in making decisions or conclusions without appropriate verification by the Customer
or user and, as appropriate, professional advice. Customer relies on such
content at its own risk. CUSTOMER
ACKNOWLEDGES THAT INTERNET SITES NOT CREATED, CONTROLLED OR MAINTAINED BY NIA
MIGHT CONTAIN OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES, OR
OTHER CONTENT THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE
TO MANY ADULTS. CUSTOMER ACKNOWLEDGES THAT NIA IS NOT RESPONSIBLE FOR SUCH
CONTENT OR MATERIAL AND AGREES THAT ACCESS TO SAME THROUGH USE OF THE SERVICES
OCCURS AT CUSTOMER'S SOLE RISK. The reliability, availability, legality,
performance, and other aspects of resources accessed through the Internet are
beyond NIA reasonable control and are not in any way warranted or supported by
NIA, its affiliates or its third-party contractors. Customer acknowledges that
such Internet sites and the content contained therein do not always contain
safeguards relative to copyright, ownership, appropriateness, reliability,
legality, and integrity of content. Customer confirms that Customer assumes all
risk and liability of any use of the Internet through Customer's account,
including Customer's continuous compliance with the Agreement. The Services permit Customer and Customers
employees, guests or others authorized by Customer to use the system on a 24 x
7 basis while on the premises of the Customers installation address. The
service cannot be resold or shared for compensation with any other entity or
provided on a paid-basis to any customers of Customer. The service cannot be
attached, for free or on a paid basis, to any "open" or public
wireless or other public connection-sharing technology. The service is not to
be used as a back-haul for any ISP type of use. The NIA bandwidth is provided
on a shared, as available basis and the NIA is configured to provide an
acceptable business-grade level of service to all customers. NIA will not allow
a small fraction of its users to monopolize the network to the detriment of
other users, therefore NIA reserves the right to limit
the available speed or amount of throughput available to any customer who
exceeds a 90% utilization threshold. This means that NIA has the right to
limit, when necessary, the use of the network by the users who are in the
highest 10% of network bandwidth consumption in order to keep their usage
patterns from negatively affecting other users. There is no set daily, weekly
or monthly throughput allowance other than as described above.
Disclaimer
of Warranties and Limitation of Liability: EXCEPT FOR THE SERVICE LEVEL CREDIT
COMMITMENT SPECIFICALLY PROVIDED FOR HEREIN, NIASAT IS PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES EITHER EXPRESSED OR IMPLIED.
NIA HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT
NIA CANNOT CONTROL THE CONTENT TRANSMITTED ON ITS NETWORK OR THE INTERNET AND
THAT COMMUNICATIONS ON THE INTERNET MAY NOT BE SECURE AND MAY BE SUBJECT TO
INTERCEPTION OR LOSS. NIA DISCLAIMS, AND CUSTOMER HEREBY RELEASES NIA FROM, ANY
LIABILITY ARISING OUT OF OR INCIDENTAL TO USE OF NIA OR CPE. IN NO EVENT SHALL
NIA’S LIABILITY UNDER THE AGREEMENT SHALL NOT EXCEED THE AMOUNT OF SERVICE
CHARGES PAID BY CUSTOMER DURING A SERVICE YEAR.
Indemnity: To the fullest
extent permitted by law, Customer shall defend, indemnify, and hold harmless
NIA against any liability arising from or incidental to (1) the use of NIASAT
Services provided to Customer, whether or not Customer has knowledge of or has
authorized access for such use, and (2) any damage to or destruction of NIA CPE
not caused by NIA or its agents.
Force Majeure: If NIA’s performance of this Agreement is prevented,
restricted or interfered with by any cause beyond its reasonable control,
including but not limited to acts of God, fire, terrorism, labor strike, cable
cut, supplier breaches or delays, government order, law, or government
directive, then NIA shall be excused from such performance on a day-to-day
basis to the extent of such prevention, restriction or interference and NIA
shall use reasonable efforts to avoid or remove such cause of non-performance
and shall perform with reasonable dispatch whenever such causes are removed or
cease.
Entire Agreement: The Agreement constitutes the complete and
exclusive statement of the understandings of NIA and Customer with respect to
the subject matter of the Agreement and supersedes all prior oral and written
statements relating to the NIASAT services provided hereunder. The Agreement
may be modified or amended only by a written or electronic document executed by
NIA and Customer or electronically accepted by Customer and confirmed in a
written or electronic document by NIA. This Agreement, as
published in the Web Site, and the Service Order, Terms of Use and the
additional documents contained in the Web Site which are referred to herein,
constitute the entire and only agreement with respect to the subject matter
hereof between NIA and Customer, applicable also to all users of Customer's
account. This Agreement supersedes all representations, proposals, inducements,
assurances, promises, agreements, and other communications with respect to the
subject matter hereof except as expressly set forth in
this document. By executing this document online, in person, via fax or e-mail
or through any NIA automated sign-up procedure, Customer agrees to the terms
and conditions of this Agreement. This Agreement can be amended only in the
manner expressly provided for in this Agreement.
Miscellaneous: The Agreement shall
be construed under, and enforced in accordance with, the laws of the state of