Service Agreement

  

SERVICE AGREEMENT

THIS SERVICE AGREEMENT, made and entered into on this ____ day of _______, 2009, by and between LRC GROUP, L.L.C., hereinafter referred to as "Provider" and ___________________________________, who is hereinafter referred to as "Customer".
RECITALS
1.     Provider is in the business of providing wireless high speed internet access and Customer is desirous of purchasing from Provider said access.
2.     The parties desire to enter into a written agreement memorializing their understanding.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows:

SECTION ONE
SERVICES

Provider shall furnish to Customer, at the address set forth hereinafter, wireless high speed internet access.

SECTION TWO
LOCATION

The location to which Provider shall furnish Customer with said internet access is: _______________________, ________________,
Oklahoma.

SECTION THREE
INVOICING

Invoices shall be issued monthly through e-mail.  That said e-mail invoices shall be directed to Customer's e-mail, which is more

fully set forth hereafter opposite Customer's signature.  The monthly charges for Provider's services shall be paid in advance each month and shall be due on or before the 1st day of said month.  In the event payment is not received by Provider by the 10st day of the subject month, Provider may, at its discretion, terminate said services.  In the further event that payment has not been received by the 20th day of the month, Provider may, at its election, remove its equipment.

SECTION FOUR
CREDIT CHECK

Customer herewith consents to Provider conducting a credit check on Customer.

SECTION FIVE
TERM

This Agreement shall be for a term of month to month.  In the event either party desires to terminate this Agreement, notice of said election to terminate shall be delivered, by e-mail, to the other party at the address provided below, no later than thirty (30) days from the date of the desired discontinuation of said services.

SECTION SIX
PROVIDER'S PROPERTY AND EQUIPMENT

a.   All material and equipment provided by Provider and used in the servicing of the requested services shall, at all times, be and remain the exclusive property of Provider.

b.   Nothing in this Agreement contemplates, constitutes or creates a transfer of license of any intellectual property from Provider to the Customer.
c.   Provider may, in its absolute discretion and without notice to the Customer, at Provider's cost, make changes to or replace the Provider's equipment and any other equipment used in connection with the provision for the services.
d.   The removal or replacement of Provider's equipment may occur without Customer being on the premises.

SECTION SEVEN
SERVICE CHARGES

In the event, for whatever reason, the services provided herein to Customer are discontinued, and Provider is required to reconnect said services, Customer shall be liable to Provider for the sum of Twenty-Five Dollars ($25) for each reconnection.
In the further event a check representing payment to Provider is returned, Customer agrees to pay an additional Twenty-Five Dollar ($25) service charge.

SECTION EIGHT
RECEIPT OF SERVICES

Customer will be deemed to have accepted the services of Provider after the completion of the installation of equipment, unless Customer provides a written notice of a defect within three (3) days from the installation of the services.

SECTION NINE
REPAIR

Provider will monitor and maintain the services agreed to be provided herein on an every day basis throughout the term of this Agreement.  Provider's obligation under this Agreement does not extend to any relocation, maintenance, repair, alteration, modification or adjustment which becomes necessary due to, resulting from, or in any way related to, damage, misuse or failure on the part of Customer.

SECTION TEN
MAINTENANCE AND DAMAGE

Provider shall be the sole contact for reporting trouble with respect to the services.  The telephone number, and other such numbers, to provide for contact is more fully set forth opposite the signature block of this Agreement.  Upon receipt of a trouble notice, Provider shall take that action to best address the present situation.  Provider may be required to suspend the services of Customer for a reasonable period.  Provider reserves a right to charge Customer for unnecessary service calls requested by Customer, which calls are caused by Customer or third party equipment, services or actions.
In the event the equipment provided herein for the services to Customer are damaged while on the property of Customer, Customer shall be responsible for damages not exceeding Two Hundred Dollars ($200) or in the event the damages may be occasioned by an "act of God", up to One Hundred Dollars ($100).

Subsequent to the required installation of the equipment by Provider, Customer shall execute a receipt evidencing that neither the roof or building suffered any damage during the installation.

SECTION ELEVEN
INDEMNITY

Customer shall indemnify and hold Provider harmless from any and all loss, liability or damage arising from any and all claims by any third party in connection with the use of the services provided herein.  The indemnity contained within this Agreement shall survive the termination of this Agreement.

SECTION TWELVE
CHANGE REQUEST

In the event Customer desires to make a change to its services or add additional services, Customer shall, by e-mail, submit said changes to Provider and Provider agrees to respond to said request, by e-mail, within seven (7) business days from the receipt of said request.

SECTION THIRTEEN
DISPUTE RESOLUTION

In the event any dispute, controversy or alleged breach respecting this Agreement occurs during the term of this Agreement, said dispute shall be submitted for mediation.  In the event a mediator cannot be agreed upon between the parties, each of the parties shall appoint a mediator who, in turn, shall agree upon the third mediator to hear said dispute.

SECTION FOURTEEN
INDEPENDENT CONTRACTORS

The parties agree that the relationship created herein is that of independent contractors.

SECTION FIFTEEN
GENERAL PROVISIONS

a.   All amendments to this Agreement shall be in writing, duly executed by each of the parties.
b.   Customer shall not assign this Agreement without the prior written consent of Provider.
c.   This Agreement constitutes the entire agreement between the parties.
d.   This Agreement shall be governed by the laws of the State of Oklahoma.
e.   All notices provided for herein shall be given, in writing, and transmitted, either by letter or e-mail, to the addresses more fully set forth by the parties' signatures.
f.   The invalidity or enforciblity of any one or more provisions of this Agreement shall not effect or impair any other provision of this Agreement.
g.   This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute but one in the same instrument.

DATED the day and year first above written.
"PROVIDER"

Address: 7801 N.Turtle Creek          LRC GROUP, L.L.C.
Lexington, Ok  73051
E-Mail:  pipkin@lrcnet.net
BY:_____________________________
Manager

"CUSTOMER"

Address:_____________________       
_____________________
E-Mail:______________________      ________________________________

 

ACKNOWLEDGMENT

____ day of          , 2009

Pursuant to Section Ten of the above Service Agreement, Customer acknowledges that the equipment contracted herein has been properly installed on the premises identified in Section Two of this Agreement, and that no damage occurred either to the building or roof.
“CUSTOMER”

                        
_____________________