Enhanced Service Agreement
Wood County Telephone Company
1. Service. Subject to the terms and conditions of this Agreement and the Solarus End User Master Service Agreement (the “MSA”) and the Polices described below, Solarus agrees to provide to you the enhanced technical support services (the “Service”) as selected by you and as described below and in the Attachment to this Agreement (select one):
2. Service Subject to MSA and Policies. Service under this Agreement are subject to the terms and conditions of the MSA and our Acceptable Use, Web Hosting and Privacy Policies, each as in effect from time to time as posted at www.solarus.net, and which you acknowledge and agree that you have read. The MSA and each of these policies are incorporated by reference into this Agreement as if fully set out in this Agreement.
3. Service Provided. The Service consists of technical support provided by Solarus for your Internet service and the software related to your Internet service and the connectivity software for your Devices (and if you have selected Platinum Service, technical support for the connectivity software for your home entertainment devices) located at your “Service Location”. “Devices” include desktop, laptop, and tablet computers, and other Internet enabled devices running Windows or Mac OS operating systems, and routers. Service does not include installation or setup of hardware, except as to printers and scanners under Platinum Service. Service is provided in one or more of the following ways, as described in the Attachment:
Call in Help Desk, available 24 hours a day, 7 days a week, every day of the year at 888-676-8638;
Live Chat, available 24 hours a day, 7 days a week, every day of the year online at livesupport.www.solarus.net;
Remote Support, available 24 hours a day, 7 days a week, every day of the year, where, during a call or live chat session, Solarus technicians will connect to your Device and make software repairs and upgrades; and
On Site Support, available Monday through Saturday 8:30 am-4:30 pm, after phone or live chat support has failed to resolve troubles, Solarus technicians will come to your Location to troubleshoot and resolve troubles.
Service will be initiated when you call the Help Desk or begin a live chat session.
4. Service Software. You will be required to download and install software to use the Service (the “Software”). Solarus or its licensors, providers and suppliers own the Software. We reserve the right to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or other device on which the Software runs, and you agree to permit such changes and access to your computer or such other device. You may use the Software only in connection with the Service. Your use of the Software is governed by the terms of one or more software license agreements, which may be viewed at http://www.bomgar.com/term-eula, and by this Agreement. Your use of the Service constitutes your agreement with the terms of all applicable software license agreements.
5. Service Exclusions. Solarus shall have no obligation to provide equipment or services other than those specifically and expressly defined and identified in this Agreement. The Service does not include maintenance and repair services for computer or other hardware. Solarus shall have no obligation to provide Service to devices using operating systems other than Windows and Mac OS.
6. Term. This Agreement shall become effective on the first date on which we make any Service available for your use (the “Effective Date”). The term of this Agreement shall begin on the Effective Date, and shall remain in effect for one (2) years. After the expiration date of the initial term, this Agreement shall automatically renew on a month to month basis, at the then-current month to month rate at the time of renewal, unless either of us provides the other with one month written notice prior to such anniversary that it intends to terminate the Agreement effective as of the end of the then current term.
7. Payment. Solarus will bill you the monthly fee in advance for the Service package you have selected. Any charges for any partial month shall be prorated.
8. Acceptable Use. You shall not, and shall not permit or assist others to, abuse, fraudulently use, or otherwise use the Service for any purposes other than those for which they were intended.
9. Customer’s Responsibilities.
(a) You agree to provide Solarus’ employees, agents, representatives and independent contractors the right to enter, and reasonable access to, your premises to provide the Service on site. You agree to provide adequate space, required environment and grounding for the Equipment and to ensure that light and an adequate separate AC power source is available for the Equipment. You agree to provide access to your Devices to enable Solarus to provide Remote Support Service.
(b) You agree to operate any router or other equipment provided to you by Solarus according to Solarus’ and the equipment manufacturer’s instructions and to use due care in handling and operating the equipment. You shall not damage or alter or permit alteration or damage of the equipment in any manner.
(c) It is solely your responsibility to monitor the operation of your Devices. Solarus does not monitor your Devices, and will initiate Service only upon a request from you by a call to the Call Center, by sending an email to email@example.com, or by initiating an online chat session.
(d) You are solely responsible for obtaining Internet access service, including a functioning web browser. You are solely responsible for complying with any minimum computer system requirements, and for obtaining and maintaining suitable equipment and software, including any necessary hardware or software upgrades, patches or other fixes which are or may become necessary to access the Service and to operate your computer or other devices used to access the Service.
(e) You are solely responsible for any person’s use of the Service we provide to you, regardless of whether that use is with or without your consent. You may not resell or distribute Service, or otherwise directly or indirectly generate income from the Service. You will not modify, make derivative works of, disassemble, decompile, or reverse engineer the Service or any component thereof. You will not modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Service, or any products or other services (including software) obtained therefrom, or permit access to the same by any unauthorized person or entity.
10. Service and Equipment Limitations.
(a) The Service is intended to enable Solarus to troubleshoot and when possible repair issues with your Internet access service and the software used to operate your Devices. YOU USE THE SERVICE ENTIRELY AT YOUR OWN AND SOLE RISK.
(b) Disruption of electric or telephone service to your home may impair the Service.
(c) Solarus will perform service in workmanlike manner and will make reasonable efforts to identify and if possible repair the functionality of your Devices. Solarus does not guaranty any particular level of performance of your Devices or your Internet access service. You agree that NEITHER SOLARUS NOR ITS VENDORS HAS ANY LIABILITY TO YOU FOR ANY LOSS, INJURY OR DAMAGE THAT RESULTS FROM THE FAILURE OF, OR YOUR INABILITY TO USE, ANY OF YOUR DEVICES OR YOUR INTERNET ACCESS SERVICE FOR ANY REASON, EVEN IF SOLARUS IS YOUR INTERNET ACCESS PROVIDER.
(d) Solarus is not responsible for any loss of data or content, or access to data or content, regardless of whether your data or content is stored in your Devices or on Solarus’ or any other party’s servers. You are encouraged to regularly backup your data storage devices and services.
11. Indemnification. YOU AGREE TO INDEMNIFY AND DEFEND SOLARUS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS AND VENDORS, AND TO HOLD EACH OF THEM HARMLESS FROM ANY DAMAGES, COSTS, EXPENSES (INCLUDING ATTORNEYS’ AND EXPERTS’ FEES AND EXPENSES) AND LIABILITIES INCURRED FROM ANY CLAIM, LAWSUIT OR CAUSE OF ACTION OF ANY SORT ARISING FROM YOUR USE OF THE SERVICE, OR THE USE BY OTHERS OF THE SERVICE PROVIDED TO YOU, OR YOUR BREACH OF THIS AGREEMENT. WE AGREE TO GIVE YOU PROMPT NOTICE OF ALL CLAIMS AND TO COOPERATE IN DEFENDING AGAINST THE CLAIM.
12. Warranties; Limitation of Liability.
(a) If you receive any equipment or software new from Solarus and the equipment or software includes a limited warranty at the time of receipt, you must refer to the separate limited warranty provided with the equipment or the software for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If your equipment or software does not include a limited warranty at the time of receipt, you agree that you accept the equipment or software AS IS and that you are not entitled to replacement or refund in the event of any defect. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN, SOLARUS DOES NOT WARRANT THE SERVICE, AND ALL SERVICE PROVIDED AND ANY EQUIPMENT ARE PROVIDED “AS IS, AS AVAILABLE.” OTHER THAN WARRANTIES AS TO THE EQUIPMENT EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE EQUIPMENT, SOLARUS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE EQUIPMENT OR ANY SOFTWARE OR THE SERVICE IS “ERROR FREE” OR WILL MEET YOUR REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT.
(b) In addition to all other limitations and waivers of liability in this Agreement, you agree that IN NO EVENT SHALL SOLARUS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF THE EQUIPMENT OR THE SERVICE OR ANY DELAY OR FAILURE OF PERFORMANCE BY SOLARUS. IN NO EVENT SHALL SOLARUS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF SOLARUS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. SOLARUS’ LIABILITY TO YOU HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO SOLARUS BY YOU. Solarus’ pricing of the Service reflects the allocation of risk and limitation of liability set out in this Agreement.
13. Termination Charges.
If you terminate this Service during the contract period, you will be liable for a termination fee. The termination fee is calculated by taking 35% of the contracted monthly fee times the number of months unfulfilled in the contract to be terminated.
Example: Contract monthly fee is for a 12 month contract
Contract is in month 7 and is to be terminated
(Monthly Fee x .35) x (12 months – 6 months) = Termination Fee
14. Force Majeure. You acknowledge that Solarus’ ability to provide the Service may be impeded by events or actions outside of Solarus’ reasonable control, including, without limitation, acts of God, floods, fires, hurricanes, earthquakes, acts of war, labor actions, loss of power, failure of third-party suppliers, changes in applicable laws and regulations, or any other similar action or event (“force majeure event”). Solarus shall not be responsible to you for any failure to provide the Service due to such a force majeure event. You shall not be liable for payment under this Agreement during the period of the existence of any such force majeure event during which Solarus is unable to provide the Service.
CUSTOMER’S RIGHT TO CANCEL
You may cancel this Agreement by mailing a written notice to P.O. Box 8045, Wisconsin Rapids, WI 54495 before midnight of the third business day after you signed this Agreement. If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this page is provided by us for your records.
ATTACHMENT TO SOLARUS ENHANCED SERVICE AGREEMENT
All packages include 24/7/365 phone, live chat, and remote support
- Setup/support all email clients
- Verify Internet connectivity
- Support all browsers
- Support basic router setup (includes 3rd party routers)
- Internet troubleshooting for all desktops, laptops, and tablets (non-hardware related)
- On-site support (only after phone or live chat support and limited to Wisconsin Rapids, Nekoosa, Port Edwards and Rudolph
- Virus and malware removal (must have Internet connectivity)
Includes all services of Silver Package PLUS:
- Rental of Solarus Wi-Fi router
Includes all services of Gold Package PLUS:
- Support connectivity of home entertainment devices
- Windows tune-up/cleanup (remote support only; must have Internet connectivity)
- Third party software setup (remote support only; must have Internet connectivity)
- Printer and scanner setup
*Minimum 1-year contract. (limited to Windows and Mac OS X). Services do not include PC hardware repair or TV mounting.