Confirmation of Sale

Customer understands, acknowledges and agrees that Customer has been provided with and has reviewed the unWired MSA, that this Online Service Contract, together with the MSA and the other documents referenced in the MSA, forms an agreement between unWired and Customer, and that by signing below Customer agrees to enter into this Online Service Contract. Customer/Subscriber understands, acknowledges, and agrees that this Online Service Contract memorializes in writing the specific terms of Customer’s subscription to unWired Standard Internet Service that will be in effect after installation. Customer further understands, acknowledges, and agrees that this Online Order Form and MSA shall be effective as of, and shall govern the terms of Customer’s subscription with unWired as of the Installation Date.

In consideration for the Services, Customer acknowledges that it will receive benefits, sometimes including but not limited to reduced monthly service fees. Accordingly, upon early termination of the Contract during the Contract Term, Customer shall pay the ETF amount, a sum of which the Customer agrees represents a reasonable approximation of unWired's damages for early termination and is not a penalty or forfeiture. Customer must provide notice of early termination according to the requirements in Section 7 of the MSA . If via email (billing@getunwired.com), or postal mail to unWired Broadband, Inc., 215 W. Fallbrook Ave., Ste. 203, Fresno, CA 93711, or by calling unWired Customer Care at 559-261-4444.

Customer acknowledges that additional charges, such as a Technician Roll-Out Charge of $170.00, may be assessed if the Customer cancels the agreed upon installation appointment with less than 24-hour notice or requires additional service trips due to Customer being unprepared for the installation.

Customer understands, acknowledges and agrees that Customer is required to provide electrical power and a continuous connection to the power grid to unWired Internet Equipment at all times (including when Customer is not using the Service) and that Customer’s failure to provide such power and continuous connection may result in damage to the unWired Internet Equipment or to Customer’s computer, equipment, property or premises, which will be Customer’s sole responsibility.

Customer understands, acknowledges and agrees that prior to unWired servicing any Customer equipment or unWired Equipment under contract with Customer, it is Customer’s responsibility to (A) back-up the data, software, information or other files stored on Customer’s/Subscriber’s computer, tablet or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (B) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Customer agrees that whether or not Customer requests back-up services from unWired and/or its Operational Service Provider(s), neither unWired nor its Operational Service Provider(s) shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

Customer acknowledges that it has read, understands, and agrees to this Online Order Form, the MSA, the Privacy Policy, the Open Internet Transparency Statement, the Acceptable Use Policy and other documents incorporated by reference in the MSA.

Customer agrees that Customer is required to pay all applicable federal, state, and local taxes and fees, including, but not limited to, those imposed after the date of execution of this Online Order Form.

Customer understands that Customer is responsible for maintaining current payment and contact information with unWired using the unWired Customer Hub (https://hub.myunwired.com).

Customer agrees to pay the Monthly Recurring Fee indicated above for each month of the Service Term. The Due Date for all payments are twenty (20) calendar days after invoice date when paying by check or due upon receipt if paying by credit card. All payments received ten (10) calendar days past the Due Date for Standard Internet Services will be considered late and subject to a $10.00 Late Fee for each month overdue. Accounts past due fifteen (15) calendar days or more may be suspended without notice. All accounts shut off for non-payment or suspended outside of Service Contract terms may be subject to a Service Reinstatement Fee of $25.00.

Customer authorizes unWired’s Authorized Parties, to enter onto the Property to install and maintain unWired Equipment necessary for Customer to receive the Services. Customer represents and warrants to unWired that Customer has full authority to enter into this Service Contract, without obtaining approval of any other person, and acknowledges that unWired is replying upon such representation and warranty to proceed with installation of any required unWired Equipment. Customer agrees to indemnify unWired for any liability arising out of or in any way connected to acts reasonably preformed by unWired’s Authorized Parties in reliance on Customer’s representations of authority. Additionally, in the event that unWired arrives on location for the installation of the unWired Equipment, of activation of the Services, and the Customer does not or did not have the authority to authorize the installation, resulting in unWired having to remove equipment, relocate its equipment or reschedule the installation, Customer may be subject to a “Technician Roll-out Charge” of ONE HUNDRED SEVENTY DOLLARS ($170.00 US).

CUSTOMER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THE MSA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.

CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT UNWIRED REGULARLY UPDATES AND AMENDS THE MSA AND THAT CUSTOMER WILL BE BOUND BY THE TERMS OF THE MSA AS THEN-IN-EFFECT UPON NOTICE OF SUCH CHANGES UNLESS FURTHER NOTICE OR STEPS ARE REQUIRED BY LAW.