Customer enters into this Agreement with OptConnect and agrees to rent the equipment described in this Online Wireless Order, to subscribe to the Wireless Plan Specifications in this Online Wireless Order and to be bound by and subject to the following terms and conditions:
LIFETIME EXTENDED MAINTENANCE PLAN
The Lifetime Extended Maintenance Plan provides for a replacement by OptConnect, LLC (
OptConnect) of the equipment specified in this Online Wireless Order in the event such equipment fails. This obligation of OptConnect remains in effect under this Wireless Service Agreement (this
Agreement) as long as you (
Customer) continue to pay the monthly Wireless Service Charge described in this Online Wireless Order. Upon written notification from Customer and upon OptConnect's diagnosis of the problem with such equipment, OptConnect will ship to Customer, by agreed upon shipping methods and at no cost to Customer, new or refurbished replacement equipment. Customer must return the faulty equipment to OptConnect using the prepaid shipping label provided by OptConnect. If Customer fails to ship the faulty equipment to OptConnect within 30 days of Customer's receipt of the replacement equipment, Customer shall pay OptConnect the shipping cost of the replacement and the replacement shall be added to the
Customer's existing contract and monthly billing.
OptConnect may fill Customer's order with new or refurbished equipment as described in this Online Wireless Order. Rental: Customer agrees to pay OptConnect an up-front, one-time only rental payment of $0.01 for OptConnect's use of the equipment described in this Online Wireless Order for the duration of the term of this Agreement.
Customer agrees to subscribe to the Wireless Plan Specifications in this Online Wireless Order and to pay OptConnect the monthly Wireless Service Charge as stated in this Online Wireless Order.
PAYMENT OF CHARGES
The one-time only rental payment of $0.01 and the first month's Wireless Service Charge, plus shipping and handling, will be billed to Customer and a payment will be processed by OptConnect to Customer's bank account via Automated Clearing House (ACH) prior to OptConnect's shipping of the equipment described in this Online Wireless Order. Subsequent month's Wireless Service Charges for all Wireless Service Agreements entered into by Customer will be consolidated, billed, and payment will be processed via ACH to Customer's bank account on or near the same day of each month. However, OptConnect reserves the right to pro-rate Customer's first month's Wireless Service Charges on Wireless Service Agreements to accommodate consolidating Customer's billing. In the event that ACH payment is returned unpaid to OptConnect, Customer agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item.
CHANGES TO SERVICES
OptConnect reserves the right to modify the terms of service provided hereunder at any time during the term of this Agreement.
This Agreement shall be for a term of twenty-four (24) months and shall commence upon the date hereof. This Agreement shall be automatically renewed after the initial term for successive one (1) month terms; provided, however, that either party may, by giving the other party thirty (30) days prior written notice, terminate this Agreement at any time after the initial term.
Upon termination of this Agreement, Customer agrees to return the equipment described in this Online Wireless Order in good working order. In the event that this Agreement is terminated prior to the end of the initial term, Customer agrees to immediately pay OptConnect an
early termination fee equal to the lesser of (a) $300.00 or (b) the amount that is equal to the number of months remaining in the initial term multiplied by the monthly Wireless Service Charge.
ASSIGNMENT OF RIGHTS
Customer grants OptConnect the right to assign all or any part of its rights or obligations under this Agreement at any time to anyone that it chooses. Customer shall not assign or in any way dispose of all or any part of its rights or obligations under this Agreement without the prior written consent of OptConnect or its successors or assigns.
Customer represents and warrants to OptConnect that Customer has the right and power to enter into this Agreement and that any and all action necessary to approve Customer's entering into this Agreement has been taken.
OptConnect's sole liability to Customer shall be to remedy any breach of this Agreement in a timely manner. OptConnect shall not be liable to Customer or others for any losses, expenses or costs (including but not limited to any consequential or special damages) incurred by Customer or others due to breakdown or malfunction of the equipment described in this Online Wireless Order or otherwise. In any dispute between the parties, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs including, without limitation, reasonable attorneys' fees. The prevailing party shall include, without limitation, a party who dismisses an action for recovery in exchange for sums allegedly due, performance for covenants allegedly breached, or consideration substantially equal to the relief sought in the action.
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Utah. The jurisdiction and venue for any legal proceeding to interpret or enforce this Agreement shall be in Salt Lake County, Utah.
Any notice required by the terms of this Agreement shall be given in writing and shall be deemed effective upon personal delivery or upon deposit with the appropriate postal service, by registered or certified mail with postage and fees prepaid and addressed to the party entitled to such notice at that party's business address.
The parties understand and expressly agree that (a) this Agreement contains a complete statement of all understandings, arrangements, and agreements between the parties and constitutes the entire agreement between the parties as to the subject matter hereof, and completely supersedes all negotiations and all prior arrangements, understandings, courses of dealing, and agreements related to the subject matter hereof; and (b) there are no representations, warranties, understandings, arrangements, agreements, conditions, or contingencies, whether express or implied, or oral or written, except as expressly set forth in this Agreement. Customer has executed this Agreement as of the date stated herein.
Please read the following information carefully. If you have questions about the Online Wireless Ordering and Device Manager, please contact OptConnect toll free at 877-678-3343. By proceeding with authorizing an Online Wireless Order through the Online Wireless Ordering and Device Manager, you expressly acknowledge and accept these terms and conditions. If you do not agree to be bound by these terms and conditions of use, please exit the Online Wireless Ordering and Device Manager.
In the Online Wireless Ordering and Device Manager you will authorize OptConnect to deduct a monthly payment directly from your checking or savings account pertaining to any Wireless Orders submitted using the Online Wireless Ordering and Device Manager or via any other ordering method.
YOU ARE RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION YOU ENTER INTO THE ONLINE WIRELESS ORDERING AND DEVICE MANAGER. YOU ARE RESPONSIBLE TO ENSURE THE CHECKING OR SAVINGS ACCOUNT YOU SPECIFY IS YOUR PERSONAL ACCOUNT. OPTCONNECT ACCEPTS NO RESPONSIBILITY TO CONFIRM OWNERSHIP OF THE CHECKING OR SAVINGS ACCOUNT YOU USE. YOU ARE RESPONSIBLE TO ENSURE THE BALANCE IN YOUR CHECKING OR SAVINGS ACCOUNT IS SUFFICIENT TO COVER THE AMOUNT OF THE WITHDRAWAL YOU AUTHORIZE IN THE ONLINE WIRELESS ORDERING AND DEVICE MANAGER.
We will disclose information about your checking or savings account to third parties ONLY in the following circumstances:
• When it is necessary to complete a funds transfer.
• In order to comply with a governmental agency or court order.
• If you give OptConnect written permission to do so.
OptConnect uses Secured Socket Layer (SSL) for secure transmissions. SSL applies encryption between two communicating applications, such as your PC and the OptConnect Online Wireless Ordering and Device Manager server. When your data is transmitted over the Internet, it is encrypted or "scrambled" at the sending end and then decrypted or "unscrambled" at the receiving end. We use 128-bit encryption, the highest level generally available today.
ACCESS TO PERSONAL INFORMATION
You should never share your OptConnect username and password with anyone. Anyone with whom you share your username and password will have access to your personal information. The Online Wireless Ordering and Device Manager browser window should be closed when exiting to avoid any unauthorized use and/or theft of the temporarily stored information by unauthorized third parties. You agree to indemnify and hold OptConnect harmless from any and all damages resulting from unauthorized access to your personal information resulting from your failure to comply with this or any other section of the OptConnect Online Wireless Ordering and Device Manager Terms and Conditions of Use.
USING THE ONLINE WIRELESS ORDERING AND DEVICE MANAGER
The Online Wireless Ordering and Device Manager allows you to submit Wireless Orders via the OptConnect website. Any orders placed on weekends or holidays will be be fulfilled on the next business day or as soon as is possible. A confirmation page will be displayed after you authorize an Online Wireless Order. You are encouraged to print and keep the payment confirmation page or record the payment confirmation number.
A confirmation e-mail of your Online Wireless Order will be sent to the e-mail address you provide with your Customer account information. In the event you desire to cancel or revoke an Order, you may do so by calling OptConnect at 877-678-3343. Revocation or cancellation of an Order must occur prior to the fulfillment of the Order.
DISCLAIMER OF LIABILITY
OptConnect IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGE RELATED TO YOUR USE OF THE ONLINE WIRELESS ORDERING AND DEVICE MANAGER.
Specifically, OptConnect will not be liable under the following circumstances:
• If, through no fault of OptConnect, you do not have enough money in your account to make the Order.
• If OptConnect was unable to complete the Order because its system was not working properly and you knew about the system malfunction when you authorized the Order.
• If circumstances beyond OptConnect's control such as, but not limited to: natural disaster, flood, earthquake, fire, war, act of terrorism, and acts of third parties in violation of federal, state, or international law, render OptConnect unable to make complete the Order despite reasonable precautions under the circumstances.
• You provide erroneous information in authorizing the Order. OptConnect is not responsible for the submission of erroneous information by you and accepts as true and accurate the information you provide. OptConnect assumes no responsibility to verify the information you provide.
• If, through no fault of OptConnect, the bank or credit union at which you have your checking or savings account fails to make payment for the Order, commits any errors during payment in any form whatsoever, or provides OptConnect erroneous information.
Completion of a Online Wireless Order is contingent upon both the authorization of payment by the applicable bank or credit union and acceptance of your payment by OptConnect. In the event your payment is unable to be processed, OptConnect will attempt to notify you at least once using the current contact information contained in OptConnect's records. OptConnect shall not bear any responsibility in the event your authorized OptConnect Online Wireless Ordering and Device Manager Order is not completed and shall not extend credit under such circumstances.
CHOICE OF LAW AND VENUE
These terms and conditions are entered into in the State of Utah and shall be governed by and construed in accordance with the laws of the State of Utah. Each party to these terms and conditions submits to the exclusive jurisdiction of the state and federal courts located in the County of Salt Lake, in the State of Utah, and hereby waives any jurisdictional, venue, or inconvenient forum objections to such courts.
Any claim or controversy arising out of or relating to your use of the Online Wireless Ordering and Device Manager, OptConnect's provision of the Online Wireless Ordering and Device Manager, or these terms and conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association and shall be enforceable in any court having competent jurisdiction.
AVAILABILITY OF ONLINE ORDERING
OptConnect is under no obligation to provide any online ordering option and may modify or revoke access to or discontinue the service at any time without notice.
I HEREBY ACCEPT THE FOREGOING TERMS AND CONDITIONS OF USE AND INTEND TO BE FULLY BOUND THEREUNDER BY CHECKING THE "ACCEPT TERMS AND CONDITIONS" BOX BELOW.