Broadband Service Contract

BROADBAND SERVICE CONTRACT

Provider Information

Client Information

Recitals

WHEREAS, Provider, identified above as Provider Legal Name: , owns or operates communications facilities and provides broadband access and related services; and

WHEREAS, Client, identified above as Client Legal Name: , desires to obtain broadband access and ancillary services under the terms set forth herein; and

WHEREAS, the parties agree that the terms of this Broadband Service Contract will govern the provision and receipt of the services beginning on the Effective Date below.

Effective Date:

Scope of Work

Provider shall deliver broadband service and associated installation, maintenance, and support as described in the scope below. Provider warrants that services will be performed in a professional manner and consistent with industry standards, subject to the Service Levels defined in this Agreement.

Residential broadband (shared)    Business broadband (prioritized)    Dedicated fiber / leased line    Static IP addresses (additional charge)

Payment Terms

Client shall pay Provider for Services in accordance with the following fees and schedule. All amounts are in U.S. dollars unless otherwise agreed in writing.

Billing cycle:    Payments due: Day

Late fee: . Returned payment fee: . Provider may suspend service for nonpayment after written notice and applicable cure period.

Client is responsible for all taxes (federal, state, local), fees, and surcharges levied on the service unless Provider is required to collect such taxes; any pass-through charges for rights-of-way, pole attachments, or third-party fees shall also be payable by Client.

Term and Termination

This Agreement commences on the Start Date below and continues until the End Date below or until earlier terminated in accordance with this section.

Start Date:

End Date:

Notice of non-renewal or termination for convenience must be provided in writing at least days prior to the requested termination date. Provider may terminate immediately for material breach, nonpayment, illegal use of service, or for safety and regulatory reasons.

If Client terminates this Agreement prior to the End Date without Provider's written consent, Client shall pay an early termination fee equal to the greater of: (a) outstanding unpaid charges through the End Date, or (b) .

Confidentiality

Each party shall treat as confidential and not disclose to third parties without prior written consent any non-public business, technical, or commercial information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information does not include information that is or becomes publicly known through no breach of this Agreement, was in the receiving party's possession prior to disclosure, is received from a third party without restriction, or is independently developed.

The receiving party may disclose Confidential Information to its employees, contractors or advisors who have a need to know and are bound by confidentiality obligations at least as protective as those herein. The receiving party shall use commercially reasonable efforts to protect Confidential Information from unauthorized use or disclosure.

Limitation of Liability and Indemnity

Except for each party's indemnification obligations and breaches of confidentiality, neither party shall be liable to the other for consequential, incidental, indirect, exemplary or punitive damages, including lost profits. Provider's aggregate liability for claims arising out of this Agreement shall not exceed the total fees paid by Client to Provider under this Agreement during the twelve (12) months immediately preceding the claim.

Client shall indemnify, defend, and hold Provider harmless from and against any third-party claims arising from Client's misuse of the service, violation of law, or failure to pay fees.

Service Levels; Maintenance and Outages

Provider will use commercially reasonable efforts to meet advertised speeds and availability. Scheduled maintenance, emergency repairs, or force majeure events may result in temporary service interruptions. Where Service Level Credits are applicable, such credits are Client's sole remedy for downtime and are limited to the pro rata portion of monthly fees for the affected service for the period of outage, subject to Provider's provisioning and maintenance policies.

Notices

Notices required under this Agreement shall be given in writing to the addresses provided above and shall be deemed delivered when received in person, by nationally recognized courier, by certified mail (return receipt requested), or by confirmed electronic mail receipt.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement

This Agreement, including any attachments, exhibits, and accepted order forms, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship.

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