WebPerception, LLC

1701 Novato Blvd., Suite 103

Novato, CA.  94947

415.892.7711

Name Name Address Phone Number Email Address Account Number
Brendan Kuhlman 538 Shagbark St, Windsor CA 95492 707.334.7693 bkuhlman.kuhlman12@gmail.com 1452
Description One Time Charge Monthly Recurring
Premium Internet Service $100
Pro-Rated Amount $53
Install Fee $199
Equipment $69
Tax @ 8.5% $5.87
Subtotal $273.87 $153
Total Initial Payment $426.87
Description

Terms of Agreement


 


This Contract for Internet Services is entered into as of  Nov 17, 2017 (the “Effective Date”, billing will start once the actual installation is completed) by and between WebPerception, LLC, a California Limited Liability Company (hereinafter “WebPerception”) and (hereinafter “Client”),   


 


Client Name:  Test Account    Physical Address:538 Shagbark St., Windsor, CA 95492


 


and based on the following facts and representations:


 


1.    Client requires Internet Access and/or related services for their business.


2.    WebPerception is an Internet Service Provider.


3.    Client desires to engage the services of WebPerception and WebPerception desires to provide Internet connectivity and/or related services to Client on the terms and conditions set out in this Contract.


 


NOW, THEREFORE, the parties agree as follows:


 


TERMS AND CONDITIONS:


 


  • A.SERVICES PROVIDED.  WebPerception shall supply Internet Access to Client, as well as any other services specifically identified in Section C, below. In order to assist WebPerception accomplish this objective, Client hereby agrees to assign a specific person(s) responsible for the success of this project to work with WebPerception.  The person(s) so assigned by Client shall be responsible for all formal communications with WebPerception.
  • B.ADDITIONAL SERVICES.  Any additional work not specifically covered by this Contract shall require written authorization from Client.  WebPerception's internet installation is the Wide Area Network connection (WAN) for your company or home.  That is from the WAN or Internet port on your router to the internet and back.  WebPerception is not responsible for the client's Local Area Network (LAN) unless there is a prior written agreement.
  • C.COMPENSATION. For services and consulting rendered under this Contract Client hereby agrees to pay WebPerception for services rendered as follows: 
  • D.TERM AND TERMINATION OF SERVICES. The term of this Contract shall commence upon the Effective Date and shall continue in effect for a minimum term of one (1) year.  Thereafter, Client agrees to notify WebPerception in writing thirty (30) days prior to its termination of any services hereunder.  Notwithstanding the forgoing, WebPerception, at its sole option, may terminate service under this Contract at any time, without penalty, if Client fails to comply with the terms of this Contract.  All clients are bound by the “Terms of Service” and “Acceptable Use Policy” both of which can be found at our website- http://www.webperception.com
  • E.INTERNET ETIQUETTE.  Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of WebPerception may not be used to impersonate another person or misrepresent authorization to act on behalf of others or WebPerception. All messages transmitted via WebPerception should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
  • F.LIMITATION OF LIABILITY.  IN NO EVENT SHALL WEBPERCEPTION HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST DATA OR LOST PROFITS, IN EACH CASE REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT OR IN TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.
  • G.LAWFUL PURPOSE. Client may only use WebPerception’s service for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is strictly prohibited.
  • H.ASCERTAINABLE STANDARD OF SERVICE. Service shall be provided at a reliability of 99.9% Uptime measured over a period of one year.  The following shall be excluded from reliability accounting: service interruptions due to severe weather, verifiable power failures caused by the electric company, Acts of God (such as fire, flood, and lightning strike), and prescheduled equipment or network maintenance on 24 hours’ advance notice.   Reliability shall be measured from the connection point at the receiving antenna on the roof of the building before it is plugged into client’s network.  Should Client seek a termination of this Agreement due to connection unreliability, as defined herein, it shall do so only if such unreliability has caused a material and significant interruption of Client’s operations, and any such cancellation shall only be effective for the balance of the unused portion of the contract.
  • I.INDEMNIFICATION. Client agrees that it shall defend, indemnify, save and hold WebPerception harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against WebPerception, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WebPerception against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with WebPerception’s Service; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on WebPerception’s service.
  • J.MODIFICATION. WebPerception and Client agree that this Contract shall be modified only by a written agreement duly executed by persons authorized to execute agreements on their behalf.
  • K.SEVERANCE. If any part of this Agreement is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this Agreement, and the effect shall be confined to the part immediately involved in the controversy adjudged.
  • L.GOVERNING LAW. This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California.  All parties hereto hereby consent to the exclusive venue of the state court located in Marin County, California.
  • M.ATTORNEYS’ FEES. If any legal action is necessary to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
  • N.ACCEPTANCE.  The signature below of an authorized Client representative indicates acceptance of the terms and conditions of this Contract by Client. If this Agreement is not signed by an authorized Client representative and received by WebPerception within 14 days of issuance, then WebPerception reserves the right to rescind all offers contained herein.

 


Description   One Time Charge  Monthly Recurring     


*

      Mbps Wireless Internet Access




       


       Monthly Recurring    


      *   Represent down and upload speeds in that order.


      Your first/next invoice will be sent on the 1st of the month


       


      Note: All hardware and cabling supplied by WebPerception remains the property of WebPerception and shall be returned in the event of this contract being terminated for any reason whatsoever. Average installation time is four hours for exterior cabling, and it is to a minimum point-of-entry (MPOE). Additional wiring, complicated installs, interior/invisible cabling, etc. will be defined as “Additional Services” covered in the paragraph below.

       

      Additional Services: Prices for any additional services performed hereunder will be submitted in writing by Web Perception and approved by client before any “Additional Services” are performed.

      Monthly recurring billing:

      Monthly invoices will be sent by email only. All monthly recurring payments pursuant to this Section C are due and payable on the first of each month in which services are to be performed. There will be a 10% late fee applied to any recurring monthly payment that is more than FIFTEEN days late. Web perception may choose to temporarily disconnect service if a monthly payment is not received within 30 days of due date, in which case reconnection of service will require all balances due PLUS a $50.00 reconnection fee.

      Additional Services:

      For all additional services, payments are due upon completion of work or invoice date. Any payments not received within TEN days of date of invoice shall be subject to a liquidated damage charge equal to 2% of the unpaid balance per month to compensate WebPerception for additional handling and costs which such late payment shall cause.

      1. TERM AND TERMINATION OF SERVICES. The term of this Contract shall commence upon the Effective Date and shall continue in effect for a minimum term of two (2) years. Thereafter, Client agrees to notify WebPerception in writing thirty (30) days prior to its termination of any services hereunder. Notwithstanding the forgoing, WebPerception, at its sole option, may terminate service under this Contract at any time, without penalty, if Client fails to comply with the terms of this Contract. All clients are bound by the “Terms of Service” and “Acceptable Use Policy” both of which can be found at our website- http://www.webperception.com
      1. INTERNET ETIQUETTE. Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of WebPerception may not be used to impersonate another person or misrepresent authorization to act on behalf of others or WebPerception. All messages transmitted via WebPerception should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
      1. LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPERCEPTION HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST DATA OR LOST PROFITS, IN EACH CASE REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT OR IN TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.
      1. LAWFUL PURPOSE. Client may only use WebPerception’s service for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is strictly prohibited.
      1. ASCERTAINABLE STANDARD OF SERVICE. Service shall be provided at a reliability of 99.9% Uptime measured over a period of one year. The following shall be excluded from reliability accounting: service interruptions due to severe weather, verifiable power failures caused by the electric company, Acts of God (such as fire, flood, and lightning strike), and prescheduled equipment or network maintenance on 24 hours’ advance notice. Reliability shall be measured from the connection point at the receiving antenna on the roof of the building before it is plugged into client’s network. Should Client seek a termination of this Agreement due to connection unreliability, as defined herein, it shall do so only if such unreliability has caused a material and significant interruption of Client’s operations, and any such cancellation shall only be effective for the balance of the unused portion of the contract.
      1. Client agrees that it shall defend, indemnify, save and hold WebPerception harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against WebPerception, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WebPerception against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with WebPerception’s Service; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on WebPerception’s service.
      1. WebPerception and Client agree that this Contract shall be modified only by a written agreement duly executed by persons authorized to execute agreements on their behalf.
      1. If any part of this Agreement is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this Agreement, and the effect shall be confined to the part immediately involved in the controversy adjudged.
      1. GOVERNING LAW. This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. All parties hereto hereby consent to the exclusive venue of the state court located in Marin County, California.
      1. ATTORNEYS’ FEES. If any legal action is necessary to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
      1. The signature below of an authorized Client representative indicates acceptance of the terms and conditions of this Contract by Client. If this Agreement is not signed by an authorized Client representative and received by WebPerception on or before 11/14, 2017 then WebPerception reserves the right to rescind all offers contained herein.

      Please sign on the line above using your mouse or touch screen. You will be emailed a copy of the contract after signing.