An agreement made on this………day of ………….in the year…………...between R and R ROOFNET CO.,LTD of #37 Southern Main Road, Mc Bean Couva, hereafter called “ROOFNET”  and ……………………………………………..  called the customer.

WHEREAS

1.    Roofnet is conditionally offering to the Customer Wireless Broadband Internet access to computer and    computer networks and services owned by the Third Parties both locally and internationally and    Incorporating Internet known and WIRELESS BROADBAND INTERNET SERVICE.

2.      The Customer has applied for this WIRELESS BROADBAND INTERNET SERVICE.

3.      Roofnet has agreed to accept the Customer as a subscriber thereto in accordance with the terms and conditions outlined herein.

IT IS HEREBY AGREED AS FOLLOWS:

1.      PROVISION OF SERVICE

1.1    The contract begins when the Customer signs up for the service. Once this is done, the contract as described by these terms and conditions begins.

1.2    Wireless Broadband Internet Service will be provided to the Customer who has been supplied with a unique means of identification comprising a service number – and who satisfies conditions outlined at       Appendix I hereto. The Customer Premise Equipment (CPE) shall remain the property of ROOFNET, and shall be maintained and repaired by ROOFNET.

1.3    Charges for the WIRELESS BROADBAND INTERNET SERVICE shall be in accordance with the     rates set out in Appendix II hereto as may be amended from time to time.

1.4      All charges associated with WIRELESS BROADBAND INTERNET SERVICE shall be paid in by the           Customer. Abatement of ROOFNET’s charges is at the sole discretion of ROOFNET. 

1.5      The WIRELESS BROADBAND INTERNET SERVICE is provided by ROOFNET to the Customer. The            Customer may not assign the benefit of this Agreement or otherwise transfer the service to a third party. In the event of any such transfer, the third party will be deemed the agent of the Customer who will remain primarily liable to ROOFNET for all costs and charges arising from the provision of WIRELESS BROADBAND INTERNET SERVICE.

1.6      Billing will be rendered monthly with payment due upon receipt off bill. Bills not paid within seven (7) days of bill date by the Customer shall be deemed delinquent. ROOFNET reserves the right to            suspend the WIRELESS BROADBAND INTERNET SERVICE, without prior notice, to any delinquent            Customer.

1.7      The Customer may not provide access to the INTERNET to third parties for reward or otherwise resell this WIRELESS BROADBAND INTERNET SERVICE.

2.           HOW TO START

2.1         We need to do the following before we can be certain that we can provide you with the service:

A.      Successfully complete a site survey and

B.      Successfully activate the service

If it is not possible to provide the service because one of the above cannot be completed successfully, we will notify you as soon as possible.   

2.2         If any equipment needs to be installed at your premises, we may give you some advice on this preparation. You will need to provide a suitable location for any equipment purchased from         ROOFNET.

2.3         When service is being activated at your premises, the normal expectation is that we may alter your Network setting of your PC.

2.4         We will use all reasonable efforts to activate the service by the date agreed with you; however it should be noted that all dates are estimates and we can not guarantee that they will be met.

3.           ACCESS TO YOUR PREMISE

3.1         From time to time, we (or our agents) may require access to your premises (for example, for repairs maintenance or upgrades). If access is required, we will provide advance notice and, so long as            appropriate identification is shown, you agree to allow us access. We will meet your reasonable            requirements, and you must meet ours, concerning the safety of people on your premises.

4.           ENSURING THAT THE SERVICE IS SECURE

4.1         ROOFNET has the following security protocols –

MAC ADDRESS

4.2         If we consider that there is likely to be a breach of security, or misuse of the service, we may:

A.  Change your WEP key remotely and then notify you that we have done this; and/or

4.3         If you suspect that any security has become breached you should contact us immediately.

4.4         If any of the information that you provide when signing up for the service, including any changes to your payment details, is changed at a later date, you must inform us immediately.    

5.           OTHER THINGS WE MAY HAVE TO DO

5.1        We may need to temporarily suspend the service for operational reasons (e.g. for planned maintenance, repairs, or upgrades), in which case we will give you as much advance notice as possible. We guarantee to restore the service as soon as possible after any suspension.

5.2        We may need to alter code or access details or technical specifications associated with the service for operational reasons. Where we need to inform you about this, we will give you as much notice as is reasonably possible.

5.3         ROOFNET may be required to carry out work either on site (i.e. Customer premises) or ROOFNET Offices (Located at: #37 Southern Main Road, Mc Bean Couva, Trinidad West Indies). We cannot be held responsible for data loss.

6.           REPAIRING SERVICE FAULTS

6.1         Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.

7.           YOUR INTERNET USE

7.1         The service enables you to access the internet. The internet is separate from the service, and use of internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials which you may obtain when using the internet. The Customer is responsible for virus software installation.

8.           PAYMENTS, CHARGES, BILLING AND REFUNDS

8.1         The Customer shall pay to ROOFNET in advance the rentals and charges specified in Appendix ”I”, attached hereto and made part hereof. If it is agreed to vary any of the details set out Appendix “I”, a revised Appendix “I” shall be issued by ROOFNET and signed by the parties hereto. Such revised Appendix “I” (Appendix “I” (Revised) shall be attached to this agreement and form an integral part thereof.

8.2         When you register for the service, we will ask you to select a payment method and payment frequency. Our activation charge and initial ongoing payment charge will be taken in advance of activation. Ongoing charges are also paid for in advance and will be dated from the date the service is activated and available for you to use. We will advise you of the date the service will be activated.  

8.3         Invoices will be e-mailed to the Customer. The Customer agrees to accept emailed invoices in lieu of mailed Invoices.

8.4        Late payment notices will be emailed to the Customer. If payment is not received within seven (7) days of late payment notice, the service will be disconnected. A re-connection fee will be charged for resumption of service. Delinquent Customers who persist with late payments may have the service terminated permanently at the discretion of Roofnet

9.           TERMIINATION OF CONTRACT

9.1         This agreement may be terminated in whole or part, as follows:-

(i)      By the Customer by at least thirty days notice in writing given to ROOFNET.

(ii)     By ROOFNET as provided in Clause 3.3 and 4 below.

9.2         If this agreement is terminated by the Customer before the end of the agreed period, the Customer shall pay to ROOFNET the balance of all rentals and charges due as outlined in Appendix “I”.

9.3         ROOFNET reserves the right to discontinue provision of the WIRELESS BROADBAND INTERNET      SERVICE if for reasons over which ROOFNET has no control.  Nevertheless, ROOFNET undertakes to give the Customer the maximum length of notice practicable in the then prevailing circumstances of any intended discontinuation of the provision of the WIRELESS BROADBAND INTERNET SERVICE under this Clause.

10.         GIVING NOTICE

10.1      If either of us gives notice to the other under this contract, this must be done either by email using the service or in writing and delivered by hand, or sent by pre-paid post to the addressee at the following address:

To Us:  R & R ROOFNET CO. LTD, # 37 Southern Main Road, Mc Bean Couva, an email address which we may give you ( roofnettt@yahoo.com ).

To You:  At the postal address you specify when registering for the service or an alternative address which you may give us, or at the e-mail address provided to you as part of the service.

10.2      You are responsible for checking the mail sent to you the e-mail address provided to you as part of the service.

11.         DISCONNECTION OF SERVICE

11.1      ROOFNET may discontinue or suspend service for any of the following reasons:

11.1.1       If the Customer is indebted to ROOFNET for any service previously rendered;

11.1.2       If the WIRELESS BROADBAND INTERNET SERVICE is going to be used or is used in violation of any statute, law or of any regulation, rules or orders made under any statute on law.

11.1.3       If circumstances indicate an intention to defraud;

11.1.4       If it causes annoyance, inconvenience or needless anxiety.

11.1.5       If used for any profane, offensive or immoral purpose, knowingly receive, upload, download, abusive, defamatory, obscene, or in breach of copyright, confidence, privacy or any other rights.

11.1.6       If the Customer is in breach of any term of this agreement, including but not limited to default of payment of any charges herein.

11.1.7       To spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

11.1.8       In any way which, in our opinion, is or is likely to be detrimental to the provision of the service to you or any of our customers; 

11.1.9       In an unlawful manner, in contravention of any legislation, laws, license, or third party rights, or in Contravention of our Acceptable use policies as may be amended from time to time. 

11.1.10    In a way that does not comply with any instructions provided to your use only. Therefore, the service Must not be re-sold, transferred, assigned, or sub-licensed to anyone else.           

11.1.11    The service we supply to you is intended for your use.

11.2   Without prejudice to the above, we can suspend the service or end this contract ( or both) at any time:

A.      With immediate effect if you materially breach this contract

B.      With immediate effect if we believe that the service is being used in a way as described on paragraph 1.1, even if you do not know that the service is being used in such a way.

C.     Upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so, or

D.     With immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.

E.      If we have suspended or terminated this contract under clause 11.2 (a), (b) or (d), we will inform you of such suspension or termination as soon as reasonably possible and explain as to why we have taken this action.

12.         SUSPENSION OF THE SERVICE

12.1      If we choose to suspend the service, we will restore it (if neither of us have ended this contract) when you satisfy us that you will use the service only as we have agreed.

12.2      If we choose to suspend the service under clause 14, this contract will continue during the period of suspension and you will be required to pay all relevant charges.

13.         OUR LIABILITY TO YOU.

13.1      We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contracts starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, or data being lost or corrupted, loss of files and/or operating systems caused by viruses and/or fire, also loss of property and equipment caused by fire as a result of faulty electrical wiring or by any other reason..

13.2      We do not have any liability of any sort (including liability for negligence) for the acts or omissions of    the other providers of the telecommunication services, or for faults in (or failures of) their networks and equipment.

13.3      Each provision of this paragraph 6 operates separately in itself and survives independently of the others.

14.         RESPONSIBILITIES OF THE CUSTOMER

14.1      WIRELESS BROADBAND INTERNET SERVICE is supplied from the completion date of the installation of service.

14.2      The Customer shall be responsible for providing all and any end user hardware and software required to access the WIRELESS BROADBAND INTERNET SERVICE as well as any licenses required therefore.

14.3      It is the Customer’s responsibility to ensure that any and all equipment acquired and / or used by it is appropriate for the purpose for which is required.

14.4      The Customer shall be responsible for any professional Customer Premise Equipment or server configuration required to support its business operations.

14.5      The Customer shall maintain in good condition the Customer Premise Equipment provided by ROOFNET.  ROOFNET shall not be liable for any damage to, repairs or replacements required for the Customer Premise Equipment. That is not caused by normal wear and tear. The Customer shall be responsible for any repairs or replacements of this kind and will be billed for the cost of repairs or replacement of this kind.

14.6      The Customer shall pay promptly all charges incurred pursuant to Article 1.3 hereof.

15.         INDEMNITIES

15.1      ROOFNET SHALL NOT BE RESPONSIBLE OR LIABLE for the unauthorized access by the Customer or users to information held by other persons or organizations participating in the INTERNET (known as “HACKING”) or for any virus or harmful program which may be introduced by the Customer or user, or for any unlawful or unauthorized or fraudulent access to or use of the Customer WIRELESS BROADBAND INTERNET SERVICE by any person.

15.2      Customers are not guaranteed service availability in all areas. Actual Broadband speeds will depend on several factors including the Customer location, computer performance and configuration, network or internet congestion, and web sites accessed. Speed of service, uninterrupted and/or error free service is not guaranteed.

15.3      ROOFNET shall not be liable for any loss, damage or expense arising out of failure in this        WIRELESS BROADBAND INTERNET SERVICE howsoever caused. Nothing in this agreement shall be construed as an undertaking or guarantee by ROOFNET to provide a WIRELESS BROADBAND INTERNET SERVICE which is free from fault or which offers unchanging speed or quality of service.

15.4      ROOFNET, and our officers, directors, employees, shall be indemnified by the Customer immediately on demand from and against any and all direct and indirect loss, liability, damage cost and expenses, including legal fees and liability whatsoever arising out of the user by the Customer of the WIRELESS BROADBAND INTERNET SERVICE.

15.5      ROOFNET shall not be liable for any profane, offensive, immoral, or undesirable use of the WIRELESS BORADBAND INTERNET SERVICE. Nothing in this agreement shall be constructed as an undertaking or guarantee by ROOFNET to provide a WIRELESS BROADBAND INTERNET SERVICE, which is free of same.

16.         TERMS AND CONDITIONS OF SERVICE

16.1      ROOFNET reserves the right to vary the terms and conditions of this agreement from time to time and set upon giving not less than sixty (60) days to the customer.

17.         SUPPORT

17.1      ROOFNET offer full support on general connection issues / internet explorer / ROOFNET settings / Outlook - Outlook express.

18.         UNSUPPORTED INTERNET APPLICATIONS

18.1     ROOFNET DOES NOT SUPPORT FILE SHARING (Peer-to-Peer Networking) OR INTERNET GAMING. Either of these applications may work on our network; however, ROOFNET do not offer support / advice or tips on how to make these applications work with our system.

19.        YOU WILL NOT HOLD US RESPONSIBLE IN RESPECT TO ANY EVENT OF DEFAULT OR ANY CONSEQUENTIAL LOSS INCLUDING BUT NOT LIMITED TO THE FOLLOWING HEADS OF LOSS:

·        lost profit;

·        lost business;

·        lost opportunity;

·        loss of goodwill;

·        loss of reputation;

·        loss of revenue or savings you expect to make;

·        liability to third parties;

·        wasted expenditure or data being lost or corrupted;

·        loss of equipment or property caused by fire as a result of faulty Electrical work done or by any other reason;

·        loss of files and/or operating systems caused by viruses contracted from the internet

PERIOD OF AGREEMENT

This agreement shall be deemed to have become effective on and from the ……………..day of         ……………… in the year…... and shall continue in force for a period of……………………Unless terminated earlier by the either party pursuant to the provisions of Clauses 3 and 4.

Signed for and on behalf of the Customer by

…………………………………………………………..

…………………………………………………………..

Of

Witnessed by

………………………………………………………….

Of

Date …………………………………………………...