Terms of Contract

The term of this Agreement with respect to each service described in the Service Agreement shall be 12 months from the date WNM equipment is fully installed and certified as operational by WNMC and service begins. Estimated time to provision the public access is approximately 30 days after execution of this Agreement. Provisioning time does not apply if this is a renewal agreement. This Agreement shall automatically renew in 1-month intervals, at the then current rate(s) including per-minute and monthly recurring charges, unless either Party provides the other Party with (30) thirty-day written notice of cancellation or changes to the scope of the Agreement prior to the last month of service this Agreement then covers. Any changes to the scope of the Agreement are subject to mutual agreement of the Parties.
Premises: You agree to allow us and our agents the right to enter your property at which the Service(s) and/or the placement of WNM Communications transmission/rebroadcast and/or termination equipment will be installed (the “Premises”) at reasonable times, for purposes of installing, configuring, constructing, maintaining, inspecting, upgrading, replacing and removing the Service(s) and/or WNM Communications Equipment used to receive and/or transmit any of the Service(s). You warrant that you are either the owner of the Premises or that you have the authority to provide and give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if requested, the owner’s name, address, and phone number and/or evidence that the owner has provided such authorization if requested.
Customer agrees to pay WNMC a monthly charge at the rate(s) as set forth under the above referenced “Service Charges Terms of Payment” schedule. Payments for recurring charges will begin with the commencement of services provisioned by WNMC at the demarcation location. Customer is responsible for PCI compliance and their own equipment deliverable exclusive of WNM provisioning except where outlined in this agreement as described herein. Any installation charges are due with the first invoice. Line services (facilities) are billed one month in advance. Any payment received by WNMC later than 20 days after invoice shall be considered late and will be subject to an additional service fee on delinquent amounts at the rate of 11⁄2% per month on the outstanding balance.
Any applicable federal, state, county or local use, excise, sales, property, gross receipts, franchise or privilege taxes, duties or similar charges, including applicable surcharges and fees, that are chargeable against WNMC by any governmental entity or authority because of the services provided to Customer (other than income taxes) shall be charged to and are payable by the customer in addition to the regular charges under this Agreement.
When payment in full is not made by Customer on or before any due date, WNMC shall have the right, on or after the 30th calendar day after the “due date”, after notification by WNMC of non-payment to Customer and Customer’s failure to remedy such non-payment within ten (10) calendar days, to suspend service to Customer (either completely or only with respect to any affected service as WNMC may at its option elect) until such time as Customer has paid all arrearages, including any additional service charges as specified herein. Further, the service provided Customer is subject to the condition that it is not to be used for any unlawful propose or in any unlawful manner or in violation of WNMC’s acceptable use policy and may be terminated or suspended by or at WNMC’s option, upon notification by WNMC to Customer and Customer’s failure to remedy such prohibited use within one (1) business day, if any such prohibited use occurs. The rights of WNMC set forth in this paragraph are not an exclusive remedy for Customer’s breach and WNMC’s exercise of any right set forth in this paragraph does not constitute a waiver of any other right or remedy of WNMC under this Agreement.
Early Termination by Customer: Customer has the right to terminate this Agreement prior to term for any reason with 30day written notice, provided that Customer pays WNMC an early termination fee consisting of the following, which sum shall be due and payable by Customer upon receipt of invoice from WNMC:
a) Customer agrees to pay WNMC the full amount of the monthly recurring charges for the leased lines (if applicable) at the monthly charge then effective under this Agreement multiplied by the month remaining in the term to satisfy the fulfillment of the Agreement.
b) Customer agrees to pay WNMC for the refurbishment cost of any equipment provided by WNMC, if applicable, as then in service under this Agreement.
c) Customer agrees to pay for any engineering and construction costs incurred that is associated with providing service to the premise divided by the remaining term of the agreement.
If by formal order by the FCC or other governmental agency with jurisdiction over the service that WNMC supplies to Customer, WNMC is unable to provide services to Customer under the provisions of this Agreement or at the rates contained herein, WNMC shall retain the right to terminate services without liability to itself or Customer. All orders shall be tendered to Customer for inspection including the wind-down period and date the service shall end. All provisions for payment to WNMC by Customer as contained in this agreement shall remain in full force and effect through the date the service ends.