Updated: October 1, 2022
General Terms and Definitions: Any individual or entity receiving any product or service from Beyond Internet Inc. shall hereafter be referred to as Customer. By accepting products and/or services provided by Beyond Internet Inc, Customer agrees to observe and abide by all of the provisions, terms, and requirements specified in this document. Customer agrees to abide by Beyond Internet Inc’s Acceptable Use Policy (AUP). The AUP is available for review at http://www.beyondinternet.com website. Billing: Monthly Service charges shall be charged monthly on the 1 st day of each month of Service. Accounts are considered active until canceled by the Subscriber or otherwise terminated by Beyond Internet. Beyond Internet shall bill Customer for services rendered at the published rate of such services upon installation of service as stated on contract form hereafter be referred to as Contract. Where applicable, service charges for the initial partial month of service will be pro-rated and charged upon installation of services. Monthly fees are non-refundable. Delinquent accounts are subject to immediate termination or suspension of services at the sole discretion of Beyond Internet.
Equipment: Subscriber is responsible for all internal wiring required to interface its computers and other equipment and Subscriber’s network to the Carrier network equipment installed by Carrier provided as part of the Service (“Equipment”). Excluding certain Subscriber purchased devices sold by Carrier for which separate terms and conditions may apply, Carrier will repair and/or replace damaged or defective Equipment, if any, as long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. Carrier shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Carrier is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to, connected devices, mobile devices, home telephones, computers, modems, televisions, or any other related Subscriber-provided equipment. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Carrier’s system or Equipment. Carrier makes no warranties, with respect to Equipment or Service provided by Carrier or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment. ALL EQUIPMENT AND WIRING ARE PROVIDED "AS IS", AND CARRIER HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE. CARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT OR WIRING. Carrier’s sole obligation and Subscriber’s sole remedy with respect to any liability or damage caused by Subscriber’s use or deployment of Equipment shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.
Taxes: In addition to the rates and charges for the Service(s), Subscriber shall be responsible for payment of all local, state and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services and any Equipment, excluding taxes based on Carrier’s net income. Carrier reserves the right to pass new taxes, fees, and surcharges onto the Subscriber in the monthly billing should there be any new regulations or legislation enacted regarding same during the term of this Agreement.
Client Responsibility: Customer is responsible for protecting all account passwords and for any authorized or unauthorized use made of Customer's account. Customer agrees to comply with the rules appropriate to any network to which Customer may gain access via the services of Beyond Internet. Customer acknowledges that any proprietary, confidential, or otherwise valuable information that Customer desires to keep confidential should not be transmitted over any part of the Internet, nor resides on computers connected to the Internet. Customer will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against Beyond Internet or its Customers . Customer agrees that under no circumstances will the Customer use Beyond Internet equipment and/or electronic mail addresses in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of Beyond Internet’s service, equipment or any Beyond Internet electronic mail address.
Term and Termination: The initial term of the Service Order is reflected by the term option referenced in the signed Service Order, commencing on the date the Service is made available for use by Subscriber. Upon expiration of the initial term, the Service Contract will renew for successive Renewal Terms equal in length to the Initial Term unless and until terminated as provided herein. Should Subscriber terminate the Service prior to the end of the initial term for any reason other than an uncured default by Carrier, Subscriber will be responsible for payment of all charges (monthly or otherwise) which would be payable for the remainder of the initial term, together with any standard Service installation fees that may have been waived, which amount shall be paid to Carrier in one payment within ten (10) days after receipt of an invoice from Carrier. Upon termination, Subscriber will return all of Carrier’s Equipment to Carrier, and should Subscriber fail to return the Equipment within thirty (10) days of termination, Subscriber shall be liable for the cost of replacing the Equipment.
Gramm-Leach Bliley Act:
Client has informed Beyond Internet that Client is required to comply with the provision of 12 CFR, Part 216, Privacy of Consumer Financial Information (Regulation P), also known as Gramm-Leach-Bliley Act, Article 5 (the “Privacy Act”). Pursuant to Section 216.14 and 216.15 of the Privacy Act, Client is allowed to disclose nonpublic personal customer information to a nonaffiliated third party, such as Beyond Internet, that performs services for Client, so long as such disclosure is in compliance with Section 216.13 (a) (i) and (ii) of the Privacy Act.
Section 216.13 (a) (i) of the Privacy Act requires Client to provide the initial notice to its customers in accordance with Section 216.4 of the Privacy Act (the “Initial Notice”). Customer confirms to Beyond Internet that the Initial Notice was delivered to its customers in full compliance with Section 216.4 of the Privacy Act.
Further, Section 216.13 (a) (ii) of the Privacy Act, requires the Client to enter into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Client disclosed the information, including use under an exception described in Section 216.14 or 216.15 of the Privacy Act in the ordinary course of business to carry out those purposes.
In order to comply with the requirement of Section 216.13 (a) (ii), Beyond Internet agrees that it will not disclose or use information provided to it pursuant to this Agreement other than to carry out the obligations of Beyond Internet as set out in this Agreement, or as otherwise allowed by state and federal law.
Beyond Internet will not use the nonpublic personal information for any purpose whatsoever; however, Client also understands that, due to the nature of the use of the Internet, Beyond Internet will not be liable for any disclosure of nonpublic personal customer information received by it from Client as a result of a breach or “hacking” into its system as a result of Internet transmittal of the nonpublic personal customer information.
Beyond Internet will hold any third party or sub-contractors who is providing services, on behalf of Beyond Internet, to RKS as part of this contract, to the same GLBA and confidentially terms stated in this contract.
Authorized representatives of Client and Beyond Internet have read the foregoing and all documents incorporated therein and, by executing the Service Contract Form(s), agree and accept such terms effective as of the date indicated below the Client signature on the initial Service Contract Form.
