Wireless Internet Service Agreement
In consideration of the use, and privilege of use, wireless internet service and equipment necessary for same by the St. Joe Wireless Services, the customer agrees to the following:
Router Rental and Support Package Service Agreement
This Router Rental and Support Package Service Agreement (“Agreement”) is part of the Service Agreement between the “Customer” and St Joe Wireless and shall be deemed to be incorporated by reference in the Service Agreement. This Agreement governs the Router Package.
In order to receive Router Package, Customer must also receive our Internet Service. The Term for the Router Package is offered on the same Term as your Internet Service set forth in the Service Agreement and may only be cancelled or terminated by the Customer on such terms and conditions as Customer may terminate Internet Service.
By installing the router, you affirm that (a) you understand the Agreement between you and St Joe Wireless and (b) you accept this Agreement and its terms and conditions, even if you choose not to read it. If you do not agree to all of the terms and conditions of this Agreement, you must notify St Joe Wireless prior to or at the time of installation of the Router.
1. You will be billed monthly the rental rate quoted to you at the time of purchase plus applicable taxes. Late charges at the then-currently applicable rate for late charges will apply to late payments. Rental payments are due for every month you rent the Router and rental payments do not count towards a purchase of the Router. If you wish to purchase the Router you must terminate this Agreement and enter into a separate Router Purchase Agreement under which you will be required to pay the full purchase price of the Router, regardless of your past rental payments.
2. The Router is St Joe Wireless’s property. You may not assign, rent, or transfer the Router or your rights or duties under this Agreement to another without St Joe Wireless’s prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Router, including using the Router with equipment electrically or mechanically incompatible with, or of inferior quality to, it, and if the Router is damaged by you and/or non-operational or malfunctioning for reasons other than a manufacturing defect at anytime during the term of this Agreement or upon termination of this Agreement, St Joe Wireless may charge you for it full retail cost.
3. Subject to any applicable rules or laws, St Joe Wireless may (a) stop offering to rent the Router, (b) change any of the terms and conditions of this Agreement, and/or (c) increase the rental for the Router. When significant changes in the terms and conditions of this Agreement or increases to the rental occur, St Joe Wireless will notify you 30 days prior to the effective date of the change or increase, and if applicable, a new Agreement will be provided to you. The notice may be included with your monthly bill and your failure to return the Router within 30 days or payment of the rental after such notice means you agree to it. Price decreases may be made with less than 30 days notice. You may terminate this Agreement at any time by calling St Joe Wireless. Upon termination, you must promptly return the Router to the business office of St Joe Wireless at 812 S. 10th Street, St. Joseph, MO 64501 M-F 8am to 5pm. St Joe Wireless will continue to charge you the monthly rental charge for the Router until it receives the Router. To avoid additional monthly rental charges, please follow the outlined procedures closely. If you St Joe Wireless internet service is terminated, or is subject to termination, for any reason, such as but not limited to your cancellation of that service or failure to pay, this Agreement will be deemed terminated, except for your obligation to continue to pay monthly rental charges, as of the termination of the St Joe Wireless internet service, and you will be obligated to return the Router to St Joe Wireless in accordance with the return process.
4. St Joe Wireless provides Customers who subscribe to the Router Package with up to 30 minutes of troubleshooting and support per (“T&S”) per month at no additional charge. This T&S is limited to assisting you in (a) connecting your devices to the Rental Router, (b) connecting the Rental Router to St Joe Wireless equipment at your location. St Joe Wireless will make reasonable efforts to perform the T&S, and you specifically acknowledge and agree that there are some issues that our T&S will not be able to resolve.
5. St Joe Wireless extends a Limited Warranty for the Router. The terms of the Limited Warranty are set out below (the “Limited Warranty”) and are part of this Agreement. A copy of the Limited Warranty is also available, upon request, from St Joe Wireless at no charge. Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty. St Joe Wireless does not guarantee the compatibility of the Router with your computer, operating system, or networking equipment, nor does St Joe Wireless’s Limited Warranty cover any defect present in your computer or network systems.
St Joe Wireless does not refund or credit rent, so please call St Joe Wireless immediately if the Router is not working properly for a replacement Router. St Joe Wireless is under no obligation to provide a replacement Router except as provided in the Limited Warranty, however, if you require a replacement Router and the Limited Warranty does not apply, St Joe Wireless may choose to provide you with a replacement Router. If St Joe Wireless provides you a replacement Router outside the Limited Warranty, you will be charged the full retail cost of your non-operational or malfunctioning Router plus a monthly rental charge for the replacement Router. Replacement Router may or may not be the same model.
6. ST JOE WIRELESS, ITS AFFILIATES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE ROUTER OR ITS FAILURE TO MEET ANY SPECIFICATIONS INCLUDING THE LIMITED WARRANTY OR ANY OTHER OBLIGATION, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER ST JOE WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE ROUTER, AND/OR FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH ST JOE WIRELESS WILL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO ST JOE WIRELESS UNDER THIS AGREEMENT DURING THE MOST RECENT SIX-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE SEPARATE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE ROUTER, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE. ST JOE WIRELESS IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. NO ADVICE OR INFORMATION GIVEN BY ST JOE WIRELESS, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT.
8. LIMITED WARRANTY ROUTER RENTAL
8.1 This Router is warranted by St Joe Wireless to the person renting the Router, and no others, to be free of manufacturing defects during the term of the Router Rental Agreement (“Rental Agreement”), only. This Limited Warranty covers only the basic operations of the Router, and St Joe Wireless does not warrant the compatibility of the Router with any computer, operating system, or networking equipment, nor does this Limited Warranty cover any defect present in any computer, network, or operating or other system. If the Router malfunctions due to a manufacturing defect, before the termination of the Rental Agreement, St Joe Wireless will replace or repair it, at its option, without charge, so long as: (a) you notify St Joe Wireless by calling the correct number, report that the Router’s basic operations are not functioning properly, and cooperate with the St Joe Wireless representative to evaluate the circumstances; (b) the Rental Agreement for the Router is in effect and has not been terminated; and (c) you promptly return the Router or schedule a service call. St Joe Wireless will: (1) replace or repair the Router, at its option, and return the replacement or repaired Router to you, within thirty (30) days after you comply with (a) through (c), above; (2) such other option that you and St Joe Wireless may agree to. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.
8.2 Repaired/Replacement Router. St Joe Wireless may use new or reconditioned parts to repair the Router, or replace the Router with a new, repaired, or reconditioned Router, all at the sole discretion of St Joe Wireless. This Limited Warranty will apply to the replaced or repaired Routers, during the term of the Rental Agreement, only. All replaced products or parts become the property of St Joe Wireless and will not be returned.
8.3 Exception and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God or the elements.
8.4 No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty extended by St Joe Wireless in connection with the Router. Implied warranties which may not be disclaimed are limited in time to the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8.5 This Limited Warranty is extended to the person renting the Router, and not others, by:
(a) St Joe Wireless, 812 S. 10th Street, St. Joseph, MO 64501
(b) Service, please call 816-279-3077
(c) If you have questions or comments, call or write us at the above number or address.
8.6 This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state-to-state.
- Customer shall comply with St. Joe Wireless Services' (Midwest Mobile Radio Services) Internet service agreement and terms of service agreement. The terms are incorporated herein by reference and located on the Internet at St. Joe Wireless Services' home page, www.stjoewireless.com.
- St. Joe Wireless Services will apply the use of UN-amplified equipment necessary to make a sufficient connection to the Internet service. St. Joe Wireless retains ownership of the equipment provided. If it is determined that an amplifier is needed to make a sufficient connection it will be the responsibility of the customer. Cable runs over 100 foot or tall tower installations will be custom quoted. Customer shall be responsible for all costs associated with the replacement or repair of any equipment or damages caused as a result of misuse, abuse, neglect, or negligence by the customer. Surge/lightning protection is recommended on all installations. Insurance of equipment owned by St. Joe Wireless services is the responsibility of the user.
- Customer shall hold St. Joe Wireless harmless for any problems relating to installation of internal or external hardware necessary for operation of wireless system. Although not required, it is highly recommended that all customers back up necessary files prior to installation of wireless equipment.
- Internet service is subject to transmission limitations caused by traffic, bottlenecks, and other causes. Additionally, wireless internet service can be adversely affected by atmospheric, topographical, and other conditions. Service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations, actions or orders, or because of equipment modifications, upgrades, repairs, reallocations, or similar activities necessary for the operation or improvement of St. Joe Wireless Internet System.
- St Joe Wireless reserves the right to restrict bandwidth to any user whose traffic usage results in slowdowns of entire network. The wireless internet system was not intended for server use such as hosting large web pages, hosting download pages, providing streaming media or hosting game servers. St Joe Wireless at its sole discretion may limit a customer's ability to house a server on a Wireless Network.
- Customer must use approved equipment as provided for as part of the usage Internet service agreement.
- Either party may terminate this agreement at any time. When terminated, all equipment provided by St. Joe Wireless Services must be returned to 812 S. 10th Street, St. Joseph, Missouri in a satisfactory condition. St Joe Wireless may at its option, have a representative remove the equipment for the customer. Customer shall be solely responsible for the cost of any equipment which is damaged, is not in good working order, or is not returned. Further, customer shall be responsible for payment of all charges and cost incurred for the service provided by St. Joe Wireless up to the date of termination.
- Customer agrees that if any charges are not paid under the terms of this agreement, if any equipment is not returned, or if any damages to the equipment are not paid by the customer, then St. Joe Wireless Services shall be entitled to terminate any service to the customer until said charges are paid or equipment returned. Customer shall be responsible for payment of any attorney fees and cost that are incurred for collection of any fee or charges owned by the customer pursuant to this agreement.
- Customer must make his equipment reasonably accessible to St. Joe Wireless or its agents for equipment changes and upgrades.
Router Rental and Support Package Service Agreement
This Router Rental and Support Package Service Agreement (“Agreement”) is part of the Service Agreement between the “Customer” and St Joe Wireless and shall be deemed to be incorporated by reference in the Service Agreement. This Agreement governs the Router Package.
In order to receive Router Package, Customer must also receive our Internet Service. The Term for the Router Package is offered on the same Term as your Internet Service set forth in the Service Agreement and may only be cancelled or terminated by the Customer on such terms and conditions as Customer may terminate Internet Service.
By installing the router, you affirm that (a) you understand the Agreement between you and St Joe Wireless and (b) you accept this Agreement and its terms and conditions, even if you choose not to read it. If you do not agree to all of the terms and conditions of this Agreement, you must notify St Joe Wireless prior to or at the time of installation of the Router.
1. You will be billed monthly the rental rate quoted to you at the time of purchase plus applicable taxes. Late charges at the then-currently applicable rate for late charges will apply to late payments. Rental payments are due for every month you rent the Router and rental payments do not count towards a purchase of the Router. If you wish to purchase the Router you must terminate this Agreement and enter into a separate Router Purchase Agreement under which you will be required to pay the full purchase price of the Router, regardless of your past rental payments.
2. The Router is St Joe Wireless’s property. You may not assign, rent, or transfer the Router or your rights or duties under this Agreement to another without St Joe Wireless’s prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Router, including using the Router with equipment electrically or mechanically incompatible with, or of inferior quality to, it, and if the Router is damaged by you and/or non-operational or malfunctioning for reasons other than a manufacturing defect at anytime during the term of this Agreement or upon termination of this Agreement, St Joe Wireless may charge you for it full retail cost.
3. Subject to any applicable rules or laws, St Joe Wireless may (a) stop offering to rent the Router, (b) change any of the terms and conditions of this Agreement, and/or (c) increase the rental for the Router. When significant changes in the terms and conditions of this Agreement or increases to the rental occur, St Joe Wireless will notify you 30 days prior to the effective date of the change or increase, and if applicable, a new Agreement will be provided to you. The notice may be included with your monthly bill and your failure to return the Router within 30 days or payment of the rental after such notice means you agree to it. Price decreases may be made with less than 30 days notice. You may terminate this Agreement at any time by calling St Joe Wireless. Upon termination, you must promptly return the Router to the business office of St Joe Wireless at 812 S. 10th Street, St. Joseph, MO 64501 M-F 8am to 5pm. St Joe Wireless will continue to charge you the monthly rental charge for the Router until it receives the Router. To avoid additional monthly rental charges, please follow the outlined procedures closely. If you St Joe Wireless internet service is terminated, or is subject to termination, for any reason, such as but not limited to your cancellation of that service or failure to pay, this Agreement will be deemed terminated, except for your obligation to continue to pay monthly rental charges, as of the termination of the St Joe Wireless internet service, and you will be obligated to return the Router to St Joe Wireless in accordance with the return process.
4. St Joe Wireless provides Customers who subscribe to the Router Package with up to 30 minutes of troubleshooting and support per (“T&S”) per month at no additional charge. This T&S is limited to assisting you in (a) connecting your devices to the Rental Router, (b) connecting the Rental Router to St Joe Wireless equipment at your location. St Joe Wireless will make reasonable efforts to perform the T&S, and you specifically acknowledge and agree that there are some issues that our T&S will not be able to resolve.
5. St Joe Wireless extends a Limited Warranty for the Router. The terms of the Limited Warranty are set out below (the “Limited Warranty”) and are part of this Agreement. A copy of the Limited Warranty is also available, upon request, from St Joe Wireless at no charge. Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty. St Joe Wireless does not guarantee the compatibility of the Router with your computer, operating system, or networking equipment, nor does St Joe Wireless’s Limited Warranty cover any defect present in your computer or network systems.
St Joe Wireless does not refund or credit rent, so please call St Joe Wireless immediately if the Router is not working properly for a replacement Router. St Joe Wireless is under no obligation to provide a replacement Router except as provided in the Limited Warranty, however, if you require a replacement Router and the Limited Warranty does not apply, St Joe Wireless may choose to provide you with a replacement Router. If St Joe Wireless provides you a replacement Router outside the Limited Warranty, you will be charged the full retail cost of your non-operational or malfunctioning Router plus a monthly rental charge for the replacement Router. Replacement Router may or may not be the same model.
6. ST JOE WIRELESS, ITS AFFILIATES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE ROUTER OR ITS FAILURE TO MEET ANY SPECIFICATIONS INCLUDING THE LIMITED WARRANTY OR ANY OTHER OBLIGATION, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER ST JOE WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE ROUTER, AND/OR FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH ST JOE WIRELESS WILL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO ST JOE WIRELESS UNDER THIS AGREEMENT DURING THE MOST RECENT SIX-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE SEPARATE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE ROUTER, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE. ST JOE WIRELESS IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. NO ADVICE OR INFORMATION GIVEN BY ST JOE WIRELESS, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT.
8. LIMITED WARRANTY ROUTER RENTAL
8.1 This Router is warranted by St Joe Wireless to the person renting the Router, and no others, to be free of manufacturing defects during the term of the Router Rental Agreement (“Rental Agreement”), only. This Limited Warranty covers only the basic operations of the Router, and St Joe Wireless does not warrant the compatibility of the Router with any computer, operating system, or networking equipment, nor does this Limited Warranty cover any defect present in any computer, network, or operating or other system. If the Router malfunctions due to a manufacturing defect, before the termination of the Rental Agreement, St Joe Wireless will replace or repair it, at its option, without charge, so long as: (a) you notify St Joe Wireless by calling the correct number, report that the Router’s basic operations are not functioning properly, and cooperate with the St Joe Wireless representative to evaluate the circumstances; (b) the Rental Agreement for the Router is in effect and has not been terminated; and (c) you promptly return the Router or schedule a service call. St Joe Wireless will: (1) replace or repair the Router, at its option, and return the replacement or repaired Router to you, within thirty (30) days after you comply with (a) through (c), above; (2) such other option that you and St Joe Wireless may agree to. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.
8.2 Repaired/Replacement Router. St Joe Wireless may use new or reconditioned parts to repair the Router, or replace the Router with a new, repaired, or reconditioned Router, all at the sole discretion of St Joe Wireless. This Limited Warranty will apply to the replaced or repaired Routers, during the term of the Rental Agreement, only. All replaced products or parts become the property of St Joe Wireless and will not be returned.
8.3 Exception and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God or the elements.
8.4 No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty extended by St Joe Wireless in connection with the Router. Implied warranties which may not be disclaimed are limited in time to the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8.5 This Limited Warranty is extended to the person renting the Router, and not others, by:
(a) St Joe Wireless, 812 S. 10th Street, St. Joseph, MO 64501
(b) Service, please call 816-279-3077
(c) If you have questions or comments, call or write us at the above number or address.
8.6 This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state-to-state.