Internet Service Renewal

INTERNET SERVICE RENEWAL AGREEMENT

Parties and Account Information

Service Address:

Account Number:     Contact Phone:     Contact Email:

Recitals

WHEREAS, Service Provider and Client previously entered into an internet service agreement governing the provision of internet connectivity and related services (the "Existing Agreement") effective as of ; and

WHEREAS, the parties desire to renew and amend the Existing Agreement to set forth renewed service obligations, fees, and service levels for the Renewal Term described below; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Payment Terms

Client agrees to pay Service Provider the Renewal Fee in accordance with the schedule below. The Renewal Fee and payment schedule replace any conflicting payment provisions contained in the Existing Agreement.

First Renewal Invoice Date:     Payment Method:

Late Payment: Invoices not paid within days of the invoice due date shall accrue a late fee of % per month on the outstanding balance, or the maximum permitted by applicable law, whichever is less.

Term and Termination

Renewal Term: This Renewal Agreement shall commence on and continue until unless earlier terminated in accordance with this Agreement.

Notice of Non-Renewal: Either party may elect not to renew by providing written notice to the other party at least days prior to the expiration of the then-current Renewal Term.

Termination for Cause: Either party may terminate this Agreement upon written notice if the other party materially breaches any provision and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach. Termination shall be without prejudice to any remedies available at law or equity.

Early Termination Fee: If Client terminates this Agreement without cause prior to the expiration of the Renewal Term, Client shall pay an early termination fee equal to or the remaining pro rata fees due for the remainder of the Renewal Term, whichever is less.

Confidentiality

Each party shall maintain as confidential and shall not disclose to any third party any Confidential Information of the other party except as necessary to perform its obligations under this Agreement or as required by law. "Confidential Information" includes nonpublic business information, customer data, network configurations, and pricing, but does not include information that becomes public through no fault of the receiving party or is independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but no less than reasonable care. Upon termination or expiration of this Agreement, the receiving party shall promptly return or destroy Confidential Information as directed by the disclosing party.

Service Levels and Remedies

Service Provider shall use commercially reasonable efforts to meet service availability and repair time objectives described in the Existing Agreement or the Scope of Work above. If Service Provider fails to meet agreed service levels, Client's sole and exclusive remedy shall be service credits as set forth in the Existing Agreement or, if none, a credit equal to one day's pro rata service fee for each full day of unavailability beyond a reasonable cure period.

Representations, Warranties and Liability

Each party represents that it has the authority to enter into this Agreement. Service Provider warrants that services will be provided in a professional manner consistent with industry standards. EXCEPT FOR THE FOREGOING WARRANTY, SERVICES ARE PROVIDED "AS IS" AND SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO SERVICE PROVIDER DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Governing Law and Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties: , without regard to its conflict of laws principles.

This Agreement, together with the Existing Agreement and any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral.

Acknowledgment and Acceptance

By checking the box below and signing, Client acknowledges receipt of, and agreement to, the terms of this Renewal Agreement.

  I acknowledge and accept the terms of this Internet Service Renewal Agreement.

Additional Provisions

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