Services Agreement
Updated on Oct/31/2006

This service agreement is made as of the________________, between Customer, here in after referred to as____________________________________ and Broadband Internet Via Air, here in after referred to as “BIVA”. Whereas BIVA agrees to provide and customer agrees to pay for services specified in this agreement and all other attachments after this one. Additional terms, restrictions and limitations may be set forth in authorized service plan descriptions provided to you by BIVA or posted at www.bivapr.net , and all such terms, restrictions and limitations are incorporated herein by reference and are binding upon you.

This agreement governs both the service and any equipment described below used in conjunction with the service.

Billing Disputes, Invoices, Payments and Service Term:
It is necessary to have an electronic mail account or create one through BIVA Telecommunications in order to receive monthly invoices. The electronic mail will be the principal means of communication with our client. BIVA will not send invoices by mail. Also the client must acquire a checking or savings account; or a credit card to make his payments, be it by direct debit or voluntarily, on his anniversary date using our web page www.bivapr.net. You must notify BIVA in writing via email to servicio@bivapr.net, 7 days after receiving your statement if billed directly through a credit card, debit card or banking account if you dispute any BIVA charges on that statement by e-mail or such dispute will be deemed waived. Charges that are not in dispute will be paid in accordance with the terms of this agreement. BIVA shall resolve all disputes at its sole discretion.

In brief, the customer invoices would be available on their anniversary date, according as estipulate in your service agreement. The customer will have 7 days to pay the invoice or the service will be disconnected, and a charge of $25.00 will be added to the customer's account in order to reactivate the service.

A commercial customer agrees to pay invoices as set forth in the service order form, invoices will be due in advances on the anniversary date of each month. Any amount not received within 15 days after the date of the applicable invoice will be subject to the BIVA standard late charge of $20.00 per month. Payments via check, credit card, debit card, direct debit to bank account or bank transfer that is reversed for any reason will be due immediately and service may be terminated at BIVA’s discretion. A $30.00 charge shall be applied to payments that are reversed from the bank.

Customer will be fully liable to BIVA for all charges accrued before termination and for all cost incurred by BIVA in collecting such amounts but not limited to collection cost and attorneys fees. Customer agrees to pay any sales, use, gross receipts, bypass or other local, state, and federal taxes or charges imposed on or based upon the provision, sale or use of the services provided. Charges or taxes above described required to be collected by BIVA will be separately stated in customers invoice.

Service term for this agreement is 1 year unless otherwise specified in the service order attachment. After the end of the term of this agreement, this agreement will be automatically renewed at the same agreed term and rates unless customer shall have given BIVA written notice of service termination 30 days prior to the date of the termination of this agreement via email to servicio@bivapr.net . BIVA will not refund payments in cash nor will they make refunds to checking or savings accounts. All refunds will be made by means of a check within 30 days of the date of return. All requests for refund on payments made on activation, that were paid using a credit card, shall be processed within a period of 2 working days of the day of return. Such refund will be applied directly to the credit card account.
Use

Customer may use the services for any lawful purpose, for which they are intended, provided that the customer will not use the service to interfere with any BIVA service or equipment. You will not use the service in a manner prohibited by any federal, state or local law or regulation. Customer acknowledges that BIVA may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other site. BIVA reserves the right to terminate service to customers using the service to violate federal, state or local laws or regulations. This service contract is strictly residential. Should a client utilize this service for commercial purposes or for Small Business (SOHO), BIVA reserves the right to cancel the service and charge the corresponding fees, including penalties if applicable.
Age Limit: User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement might not be suitable for individuals under the age of 18.

Sexually Explicit Materials:
User understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

User May Not:
Send SPAM, or bulk email when connected into the network; Post offensive, threatening, or SPAM, when using the newsgroups; Use their personal FTP site for business sites; Post or transmit viruses or any harmful component to others; Transmit, receive, download anything that is protected by copyright without permission; Attempt to violate the security of any computer network; Engage in any illegal activity.

For details on our policy of privacy, visit our web page, www.bivapr.com.
Equipment If Customer purchases equipment, a 1-year warranty will apply from the date that the customer receives the equipment. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God. If Customer fails to comply with these instructions or any other instruction published on www.bivapr.com, BIVA shall have the sole discretion to determine whether to repair or replace the equipment. If equipment is rented from BIVA as specified on your Order Form, BIVA will retain title to and ownership of such Equipment at all times. You must return all rented equipment in good working order to BIVA upon the termination of the Agreement or upon the request of BIVA. Failure to return the rented Equipment to BIVA in good working order upon request will result in a charge to your account, for the amount of $399.00. You may not modify any rented Equipment in any way.

Customer Responsibilities:
Customer is responsible for arranging necessary access for BIVA to provide services. Such access must allow BIVA authorized personnel or agents conduct and not limited to, maintenance, repair, and inspection of BIVA equipment. Customer shall be responsible for all charges including and not limited to fraud. If needed customer must provide the necessary interface equipment not limited to, routers, CSU, DSU, switches and multiplexers.
Customer may not copy, duplicate, resell, sell or exploit any portion of the service without BIVA’s prior written consent. Customer may not use the service or take any action that will result in excessive consumption or utilization of BIVA Network, all as determined in BIVA sole discretion. You acknowledge that the service does not function in the event of power failure. Voice services, such as and not limited to VOIP, and IP Telephony is prohibited unless authorized by BIVA.

Limitations of liability:
BIVA shall not be liable for any type of service interruption; customer sole remedy is the credit allowances policy described in this agreement. BIVA will not maintain or be responsible for any software, cables, or hardware attached to the equipment.

Service available in the Metropolitan Area and Ponce. Our BIVA service requires you to rent a Next Net modem. BIVA cannot be held responsible should some brands or models of computers not be compatible with our service. BIVA is available in the Metropolitan Area (Dorado, Toa Baja, San Juan, Bayamón, Carolina, Guaynabo, Canóvanas, Trujillo Alto, Cataño and Caguas) and Ponce. There could be areas in these Municipalities that due to topographical, structural or architectural conditions, our service may not be accessible. In the event that there is no coverage using an indoors Next Net modem, the client has the option of using an outdoor antenna for an additional installation charge. Under no circumstances may a client keep both equipment simultaneously. Should the client wish to maintain the Next Net modem and the outdoor antenna, he must pay for both services separately. This requires a minimum one-year contract. Other restrictions may apply.

Credit Allowances Policy:
Credit allowances do not apply to interruptions caused by the customer, by power failure or failure of equipment provided by the customer or others. Interruptions during any period in which BIVA is not given access to the service premises or due to a scheduled maintenance and or repair does not apply to credit allowances.

The interruption period starts when the customer reports BIVA the interruption and ends when BIVA authorized personnel certifies that service is completely restored. In the event that the customer claims that the interruption is due to BIVA network failure and BIVA personnel certifies by visiting the customer premises that the interruption is due to customer equipment or other equipment, BIVA may charge a fee up to $25.00 per hour, payable at the moment of the service. On interruptions of less than three hours credit allowances does not apply. On interruptions of three hours or more a per hour credit shall be given at BIVA sole discretion.
No additional warranties

Except as expressly set forth in this agreement, all BIVA products and services are provided “As is, as available, and with all faults”. BIVA makes no that products or services will be error free, uninterrupted, secure, always available or available with sufficient capacity. BIVA makes no guarantees that products or services will work on every computer or computer system. BIVA shall have no responsibility for damage or destruction to any computer, computer system, data, information or equipment. BIVA shall have no responsibility for any third party content, data, information, programs or other material that may be accessed using BIVA products or services. The speed will depend on the configuration of the destination server (processor, memory, concurrent users, bandwidth of the destination server, witch is the one you are accessing in that time. BIVA can't give any guarantees of the contracted speed (Bandwidth) in all the cases; BIVA will do the best effort to give you technically the top bandwidth available.

System Backups:
BIVA do not and will not perform system backups on any Users E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, BIVA will not provide historical data, to any party for any reason, regarding any system or Internet activity. BIVA do not perform backups on the mysql databases. BIVA shall not be held responsible for any lost of data. User should always keep their own backup of their database content.
Termination

BIVA may terminate this agreement without obligation or liability and customer’s payment obligation will be prorated accordingly. BIVA will send a 30 days notice to notify customer of the agreement termination and customer also has the right to do so. If customer terminates this agreement before the agreed termination date, a penalty of 50% of the monthly charges after the cancellation date will be due immediately. Charges due before the cancellation date will be due immediately. This penalty may be waved by BIVA at its sole discretion. If the customer does not immediately return the equipment in good working order, BIVA may charge $399.00 to your credit card, bank account or your BIVA billing statement.