(b) Hospitality Wireless does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer's clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 CFR §164.501 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI shall be random, infrequent and incidental to Hospitality Wireless's provision of Service and is not meant for the purpose of accessing, managing, creating, or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules, or supports the health care industry, Hospitality Wireless and Customer agree that Hospitality Wireless is not a "Business Associate" or "Covered Entity" under the HIPAA Rules for the purposes of this Agreement.
(c) You understand and agree that Hospitality Wireless and its partners, agents, and contractors may send you emails at the addresses you have provided, place phone calls and text messages to the phone numbers you have provided, or use automated telephone dialing equipment or artificial and prerecorded voice messages to contact you by phone or text messages in connection with the following: marketing offers or advertising content about Services or other Hospitality Wireless- provided services or information about Services or other Hospitality Wireless-provided services which may include messages and calls related to installations, appointments, repairs, or collections. For phone calls and text messages, you understand and agree that Hospitality Wireless may contact you at any phone numbers you have provided or will provide in the future, including wireless or mobile phone numbers. You understand that standard per minute and text message charges apply for phone calls or text messages to wireless or mobile phone numbers. You may revoke this express written consent by contacting Hospitality Wireless at
Residential Customer Service (Consumer/Residential accounts),
Small Business Customer Service (Small Business accounts), or
Enterprise Class Customer Service (Large Business & Government accounts), or by expressly opting-out on our
Marketing Preferences website. You understand and agree this express written consent is not a condition of purchase.
11. Rates and charges; payments
(a) Rates and charges
All Service and Equipment is provided to you at the amounts shown on your Hospitality Wireless bill. If you believe the amounts shown on your Hospitality Wireless bill differ from the amounts disclosed to you during the ordering process as reflected in your order confirmation or master service agreement, please immediately contact Hospitality Wireless customer service at the phone number on your bill or via the methods at the following websites:
Residential Customer Service (Consumer/Residential accounts),
Small Business Customer Service (Small Business accounts), or
Enterprise class Customer Service (Large Business & Government accounts).
You are responsible for any charges associated with the Service, Software, and Equipment, including without limitation Equipment purchase and/or lease charges, monthly Service charges, any applicable usage charges and charges related to installation or activation, maintenance, delivery, shipping and handling, changes to Service, Taxes, fees, surcharges and other charges. Also, certain additional features and applications may be provided as part of the Service and additional charges may apply. Hospitality Wireless may impose fees or surcharges to recover amounts assessed to it by third parties or related to Hospitality Wireless's provision of Service or Equipment to you. These fees or surcharges are not Taxes and are not required by law but are set by Hospitality Wireless and may change. Other than promotional MRCs, plans with MRCs that don't change, and MRCs offered with a term commitment, your MRCs for Service, Leased Equipment, fees, or surcharges are not guaranteed and may increase during the period in which you subscribe to Service. In the event Hospitality Wireless offers the ability to pay any of the charges in installment payments over time ("Installment Option"), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment.
You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service and/or Equipment, unless the discount or promotional offer specifically states that existing customers are eligible, and in that instance, you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service, or disconnect and reconnect Service, may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period.
(b) Payment
(i) Billing
Charges are billed monthly with MRCs and NRCs billed in advance and usage charges billed in arrears. Your first invoice covers both the partial month of Service and Leased Equipment from the date your Service is activated up to the first day of your first full month of Service, and your first full month of Service and Leased Equipment. Depending on your location, discounts and promotions may not apply during the partial month of Service. However, you still will receive all applicable Service discounts and promotions for the entire promotional period. You will pay all billed charges by the due date set forth in your billing statement, as well as any Late Charge. All payments must be made in U.S. currency.
(ii) Payment services
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(A) Effect on Paper Invoices. You may view and pay your invoices from Hospitality Wireless through Payment Services. Certain Hospitality Wireless offers or promotions may require you to enroll in specified Payment Services as a condition to receiving such offer or promotion. Your failure to enroll or maintain enrollment in the required Payment Services may affect the amounts at which Hospitality Wireless provides you Service or Equipment. Certain Payment Services send an email notification to you each month when your new invoice is available for review. However, if you are unable to view your invoice electronically or online for any reason, you are still required to make your payment on time. In such situations, you are responsible for obtaining an invoice copy and/or account balance by contacting Hospitality Wireless via the methods described on the following websites:
Residential Customer Service (Consumer/Residential accounts),
Small Business Customer Service (Small Business accounts), or
Enterprise class Customer Service (Large Business & Government accounts). To the extent permitted by applicable law, Hospitality Wireless reserves the right to cease providing you a paper invoice via U.S. postal service once you elect to use or enroll in a Payment Service on a recurring basis. In such instances, you will no longer receive a paper invoice from Hospitality Wireless. Hospitality Wireless also reserves the right to assess additional charges to you if you are enrolled in a Payment Service but request Hospitality Wireless to provide you with a paper invoice on either a one-time or continuing basis.
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(B) Applicable Policies; Online Payments, Website, Acceptable Use and Privacy. You agree to comply with applicable Hospitality Wireless policies, including the Hospitality Wireless Electronic and Online Payment Terms and Conditions, Hospitality Wireless Website User Agreement, Hospitality Wireless Acceptable Use Policy, and Hospitality Wireless Privacy Notice, all as posted to
http://www.hospitalitywireless.net/legal (or successor URL) and incorporated by this reference, when you use Payment Services. If you do not agree with the terms of any of these policies, do not use Payment Services. Hospitality Wireless may, but is not obligated to, monitor the Payment Services for various purposes, and Hospitality Wireless and its third-party vendors may access and use information regarding performance of Payment Services to perform maintenance, support, and other service-quality activities.
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(C) Unlawful, Abusive, or Fraudulent Purposes. Payment Services will not be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using Services in a way that: (1) interferes with Hospitality Wireless's ability to provide Hospitality Wireless Services or Payment Services to Hospitality Wireless customers, (2) avoids your obligation to pay for Hospitality Wireless Services, (3) constitutes a criminal offense, (4) gives rise to a civil liability, or (5) otherwise violates any laws.
(iii) Account information; account security; authorized users
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(A) You will provide all information necessary for Hospitality Wireless to provide and bill for the Service and Equipment. You affirm that the information you supply to Hospitality Wireless is correct and complete, and you will promptly notify Hospitality Wireless whenever your personal or billing information changes. To use or enroll in a Payment Service, you must provide Hospitality Wireless with your email address for the receipt of notices. You agree to keep your email address updated and understand it is your responsibility to provide any changes or updates to your email address to Hospitality Wireless. Some Payment Services require you to pay by credit card. If you elect to pay by credit card, you are responsible for directly updating or notifying Hospitality Wireless of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service.
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(B) You are solely and fully responsible and liable for all activities that occur under your Hospitality Wireless account, password, user ID, credit card/debit card/account numbers, or bank or financial institution information, including all activities related to Payment Services. You agree to immediately notify Hospitality Wireless if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your Hospitality Wireless account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information, provided to Hospitality Wireless by contacting our customer service. You also agree to periodically change your passwords.
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(C) You authorize Hospitality Wireless to provide information about, and to make changes to, your Hospitality Wireless account, including changes within Payment Services, upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Payment Services on your behalf, such as through the Internet. You acknowledge this risk as inherent to the nature of the Payment Services and you agree to take adequate security precautions to safeguard your data.
(iv) Payment information
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(A) Payment Services. For your convenience, you may elect to have Hospitality Wireless retain your payment information, including but not limited to your billing name, address, telephone number, credit card/debit card/charge card information or numbers, bank or financial institution information, applicable expiration dates, and permit such information to be used in future transactions with Hospitality Wireless that you authorize. You are responsible for adding, updating, maintaining, deleting, and verifying the accuracy of any payment information that you ask Hospitality Wireless to retain for you. Additional fees may be assessed to you when using Payment Services, and you agree to pay all such fees.
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(B) Another Company or Financial Institution. If you arrange for payment using Payment Services through another company or financial institution, you will be subject to that company's terms and conditions and you agree that you are responsible for any charges you may incur from the financial institution in order to make such online payments and that Hospitality Wireless will not be responsible or liable for any loss or damage caused or created by that company. In the event that any amount on a third party site does not match the same amount presented at the Hospitality Wireless Website or on your printed Hospitality Wireless invoice, Hospitality Wireless's listed amount is deemed to be the accurate amount. In the event the amount listed at the Hospitality Wireless Website and on your printed Hospitality Wireless invoice do not agree, the printed Hospitality Wireless invoice should be considered the correct invoice and should be used to determine the amount to be paid.
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(C) Credit Card Policies. Regarding payments made by credit card, Hospitality Wireless reserves the right to only accept certain card providers and may modify the list of such providers, including no longer accepting any credit card payments of any kind from any card providers, at any time without prior notice to you. If you provide Hospitality Wireless your credit card information, you authorize Hospitality Wireless to automatically charge your provided credit card for all charges on your account, and Hospitality Wireless will automatically charge your credit card for all such charges on the applicable billing due date shown on your billing statement, to the extent possible. No chargebacks are available or permitted.
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(D) Partial Payment. Partial payments are acceptable, however Hospitality Wireless's acceptance of such payments are not to be construed as an acceptable payment arrangement that automatically extends your Service beyond the normal disconnect date. Hospitality Wireless's acceptance of late or partial payments (even those marked, "PAID IN FULL") and Late Charges will not constitute a waiver of any of Hospitality Wireless's rights to collect the full amount due. If you are unable to pay an invoice in full prior to the due date, please contact Hospitality Wireless using the phone number on your bill or through the website.
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(E) Invoice Charges; Collections; Other Restrictions. Hospitality Wireless may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Additionally, you may be subject to Service suspension or account termination at Hospitality Wireless's discretion. You will be informed of such action if required by law. If Hospitality Wireless uses a collection agency or initiates any legal action to recover amounts due, you agree to reimburse Hospitality Wireless for all expenses Hospitality Wireless incurs to recover such amount or pay all such costs and expenses associated with such collections efforts, including attorneys' fees. You will be charged a Late Charge on any amounts withheld that are undisputed or ultimately determined to have been correctly charged. You will not pay for the Services (as defined above), or any related services you may purchase, with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Hospitality Wireless to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an Amendment to this Agreement. Hospitality Wireless reserves the right to terminate access to Payment Services for any account at any time.
(v) Disputes
If you have any questions about your invoice or dispute a charge on your invoice, please contact Hospitality Wireless customer service before the due date at the phone number on your bill or through the website. The charges will continue unless you inform Hospitality Wireless promptly of any dispute and it determines that any charges were incorrect. IF YOU ARE UNABLE TO RESOLVE YOUR DISPUTE AFTER CONTACTING HOSPITALITY WIRELESS CUSTOMER SERVICE YOU MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN SECTION 16 OF THIS AGREEMENT.
(vi) Deposit
Hospitality Wireless may reasonably modify the payment terms or require other assurance of payment, including a deposit, based on Customer's payment history, lack of established credit, or a material and adverse change in Customer's financial condition. Refunded deposit amounts will be credited to your account and any credit balance will be refunded. If you make a cash deposit, you will receive interest at the rate required in the state you receive Service, Equipment, or Software from the date Hospitality Wireless received the deposit until the date Hospitality Wireless refunded the deposit. If you receive Service, Equipment and/or Software in a state that does not require Hospitality Wireless to pay interest on deposits, Hospitality Wireless will not pay any interest on such deposits.
12. Term and termination
(a) Month-to-month term
Unless otherwise specified herein, Service is offered on a monthly basis for a term that begins on the date your Service order is completed, ends on the last day of the billing cycle during which you placed the order for Service, and automatically renews monthly.
(b) Term commitment and early-termination charge
IF YOU ORDER SERVICE WITH A TERM COMMITMENT, YOU AGREE TO MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD. IF YOU OR HOSPITALITY WIRELESS TERMINATE THAT SERVICE BEFORE THE END OF THE TERM COMMITMENT PERIOD, YOU WILL BE REQUIRED TO PAY THE EARLY-TERMINATION CHARGE SET FORTH IN THIS AGREEMENT, WHICH IS EQUAL TO 100% OF THE MRC MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE TERM COMMITMENT PERIOD. FOR PURPOSES OF THIS SECTION, MOVING, CHANGING YOUR INTERNET SERVICE PROVIDER, OR MAKING A CHANGE TO ANY PART OF YOUR SERVICE THAT CARRIES A TERM COMMITMENT IS CONSIDERED TERMINATION OF THE ENTIRE SERVICE. THE EARLY-TERMINATION CHARGE IS NOT A PENALTY. RATHER, IT IS AN OFFSET OR RECOVERY OF HOSPITALITY WIRELESS COSTS RELATED TO EARLY TERMINATION AND THE DISCOUNTS ASSOCIATED WITH YOUR TERM COMMITMENT. Hospitality Wireless may waive the early-termination charge. If you move or upgrade Service, your original term commitment period may start over. After the term commitment period, Service will continue month-to-month until terminated by you or by Hospitality Wireless.
(c) Termination
You may terminate this Agreement and your use of the Services at any time and for any reason by calling Hospitality Wireless at the number listed on your bill or through the website; YOU CANNOT TERMINATE YOUR SERVICE BY E-MAIL. Hospitality Wireless does not monitor, and will not automatically cancel, Service for problems relating to domain name transfers. If you have trouble transferring your domain name and you wish to terminate Service, you must contact Hospitality Wireless as indicated above. Whether or not your domain name transfers, you will be responsible for paying any outstanding amounts owed on your account through the date of termination. Hospitality Wireless may terminate this Agreement, your password, your account, and/or your use of the Service, without notice and for any reason, including, without limitation, if you fail to pay any charges when due, or if Hospitality Wireless believes you or someone using your account has violated this Agreement. Hospitality Wireless may, but is not obligated to, send notice of any violations to you before termination. When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of Hospitality Wireless and is subject to applicable charges. If residential Services are terminated by you or Hospitality Wireless on any day other than the last day of your applicable billing cycle, your payment for that month of Services and Leased Equipment will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle. For all other Service customers, if Services are terminated by you or Hospitality Wireless prior to the end of a monthly term, you will be required to pay a prorated amount of the MRCs for the month and the full amount for any NRCs or other charges for the month and any accrued but unpaid amounts related to Service and Equipment through the effective date of termination.
(d) Return of leased equipment
After you notify Hospitality Wireless of your intent to terminate Service, you must promptly return your Leased Equipment to Hospitality Wireless within 30 days after termination. After receiving your intent to terminate Service, Hospitality Wireless will send customers with a Consumer/Residential account an email with a link to print a shipping return label to return the Leased Equipment to Hospitality Wireless. For customers with Small Business or Enterprise Class accounts, you will print a shipping return label at
www.hospitalitywireless.net/returns to return the Leased Equipment to Hospitality Wireless. Hospitality Wireless will, at its option, either: (1) charge you an amount up to the Equipment Charge if Hospitality Wireless does not receive the Equipment within 30 days after termination; (2) charge you an amount up to the Equipment Charge upon termination and credit you back for such charge ONLY if Hospitality Wireless receives your Equipment within 30 days following termination; or (3) continue to charge you for the Equipment until Hospitality Wireless receives the Equipment. Upon your termination of Fixed Wireless, we may dispatch a technician to uninstall and remove Fixed Wireless Equipment at no cost to you.
(e) Deletion of data upon termination
Upon termination of your Service, Hospitality Wireless may immediately delete all data, files, and other information stored in or for your account or on your Website without notice. In certain circumstances you may request that Hospitality Wireless reactivate your account and restore your deleted Web hosting and e-mail data. Hospitality Wireless must receive your request no later than 90 days after termination.
(f) Seasonal Service (Vacation Service)
Residential customers with qualifying Service may temporarily suspend Service ("Seasonal Service" or "Vacation Service") for a minimum of 30 days up to a maximum of nine months at Hospitality Wireless's then-current Vacation Service rates and charges. If you put your Service on Seasonal Service, your Service will be unavailable for your use. And, if you use your Service to support Internet-based calling (e.g., voice over Internet protocol (VoIP)), you will not be able to make any incoming or outgoing calls, including 911 calls, from your service address unless and until you have Hospitality Wireless re-activate your Service. While you are on Seasonal Service, any partial or whole months will not be counted towards your term commitment period, and your term commitment period will be extended.
13. Limitation of liability
THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 APPLY REGARDLESS OF THE CAUSE OR LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), EXCEPT AS TO A PARTY WHOSE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE CAUSED YOUR DAMAGES OR LOSSES. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, THE LIMITATION(S) NOT PERMITTED SHALL BE REDUCED OR MODIFIED TO THE MAXIMUM LIMITATION ALLOWED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 16(B)(II).
(a) YOU ASSUME TOTAL RESPONSIBILITY FOR USE, RESULTS OF USE, AND PERFORMANCE OF THE SERVICE, SOFTWARE, EQUIPMENT, AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. HOSPITALITY WIRELESS EXERCISES NO CONTROL OVER AND DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE SERVICE, SOFTWARE, OR EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET. HOSPITALITY WIRELESS RECOMMENDS YOU DO NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR COULD CAUSE ANY DAMAGE OR INJURY.