GENERAL CONTRACT FOR
SERVICES
This Contract for Services
(this "Contract") is made effective as of __________________, by and
between ________________ of ________________, ________________, ____ _______,
and Worldwide Technologies, Inc. of 7 Creekview Bend, Lexington, MO.
64067. In this Contract, the party
who is contracting to receive services will be referred to as
"________________," and the party who will be providing the services
will be referred to as "TurboNet."
1. DESCRIPTION OF SERVICES. Beginning
on __________________, TurboNet will provide to ________________ the following
services (collectively, the "Services"):
Wireless Internet Service
And/or
Custom Technology Solutions
2. PAYMENT FOR SERVICES. In
exchange for the Services ________________ will pay TurboNet according to the
following schedule:
Standard Residential Service - $39.95 per month
Standard Business Service - $79.95 per month
Custom Service - _____________
3. TERMS AND CONDITIONS:
Residential Service available
in coverage area only, 128K aggregate CIR. Service requires in home
installation of Wireless equipment, one time equipment and installation fee
required. Requires customer
commitment to 24 month service agreement and acceptance of all terms and
conditions. Unlimited Service
implies no limits on access duration.
Commercial Service available
in coverage area only, 256K aggregate CIR. Service requires in business
installation of Wireless equipment, one time equipment and installation fee
required. Requires customer
commitment to 24 month service agreement and acceptance of terms and
conditions. Unlimited Service
implies no limits on access duration.
General
Terms and Conditions:
Equipment
specials available. Installation
within 30-45 days of sign-up, billing to begin upon installation.
Offer(s)
available to new TurboNet Wireless customers. Services not available
everywhere. Limited time offer(s) subject to change or cancellation without
notice. Additional restrictions may apply. Contact TurboNet for details.
TurboNet Wireless 24 Month
Promotional Pricing:
TurboNet Wireless promotional and month-to-month pricing varies by market.
TurboNet Wireless 24 Month
monthly rate will apply for 24 consecutive months. After 24 months, the
standard month-to-month rate will apply.
TurboNet Wireless price does not include voice telephone service
charges. Customers who order TurboNet Wireless at the 24 Month promotional
price and cancel early will be charged each month for the remainder of the
initial 24 month period.
TurboNet Wireless Package
Discount:
Customers who pay in advance annually or semi-annually will receive an
additional 10% or 5% respectively, monthly discount off the TurboNet
Wireless-monthly pricing. Customers will continue to receive the monthly
discount for the 24 month period, as long as they remain a customer in good
credit standing of services, or unless or until TurboNet may cancel the
discount.
*Actual performance may vary
due to conditions outside of TurboNet network control. These conditions may
include variables such as customer location, physical equipment limitations,
network congestion, and server and router speeds of web sites accessed,
location, distance from wireless distribution point, antenna specifications
and/or location. No minimum level of speed is guaranteed..
4. CONFIDENTIALITY.
TurboNet, and its employees, agents, or representatives will not at any
time or in any manner, either directly or indirectly, use for the personal
benefit of TurboNet, or divulge, disclose, or communicate in any manner, any
information that is proprietary.
TurboNet and its employees, agents, and representatives will protect
such information and treat it as strictly confidential. This provision will continue to be
effective after the termination of this Contract.
5. WARRANTY.
TurboNet shall provide its services and meet its obligations under this
Contract in a timely and workmanlike manner, using knowledge and
recommendations for performing the services which meet generally acceptable
standards in TurboNet's community and region, and will provide a standard of
care equal to, or superior to, care used by service providers similar to
TurboNet on similar projects.
6. REMEDIES. In
addition to any and all other rights a party may have available according to
law, if a party defaults by failing to substantially perform any provision,
term or condition of this Contract (including without limitation the failure to
make a monetary payment when due), the other party may terminate the Contract
by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature
of the default. The party
receiving such notice shall have sixty days from the effective date of such
notice to cure the default(s).
Unless waived by a party providing notice, the failure to cure the
default(s) within such time period shall result in the automatic termination of
this Contract.
7. ENTIRE AGREEMENT. This
Contract contains the entire agreement of the parties, and there are no other
promises or conditions in any other agreement whether oral or written
concerning the subject matter of this Contract. This Contract supersedes any prior written or oral
agreements between the parties.
8. SEVERABILITY. If any
provision of this Contract will be held to be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that
any provision of this Contract is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
9. AMENDMENT. This
Contract may be modified or amended in writing, if the writing is signed by the
party obligated under the amendment.
10. GOVERNING LAW. This
Contract shall be construed in accordance with the laws of the State of
Missouri.
11. NOTICE. Any
notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt
requested, to the address set forth in the opening paragraph or to such other
address as one party may have furnished to the other in writing.
12. ASSIGNMENT. Neither
party may assign or transfer this Contract without the prior written consent of
the non-assigning party, which approval shall not be unreasonably withheld.
Service Recipient:
________________________
By: ________________________________________
___________________________________
Service Provider:
Worldwide Technologies, Inc.
By: ________________________________________
___________________________________