This is an Internet Service Provider service agreement (contract) with a mythical
company to provide internet access and services. This contract has a liquidated damages provision in paragraph 3(E) to be paid if the Use Policy is breached. Pursuant to a liquidated damage provision, upon a party's breach, the other party will recover this amount of damages whether actual damages are more or less than the liquidated amount.
Bronx New York: Service Agreement for Internet Service Provider and Subscriber with Liquidated Damage and Exculpatory Provision Introduction: A Service Agreement is a legally binding contract between an Internet Service Provider (ISP) and a subscriber, outlining the terms and conditions of the internet service being provided. In the borough of Bronx, New York, various types of Service Agreements exist, including those that incorporate provisions related to liquidated damages and exculpatory clauses. This article aims to provide a detailed description of the Bronx New York Service Agreement between an ISP and a Subscriber with a Liquidated Damage and Exculpatory Provision, along with different variations of such agreements. I. Overview of the Bronx New York Service Agreement: The Service Agreement defines the relationship between the ISP and the subscriber, clarifying the responsibilities, obligations, and rights of both parties. It covers essential elements such as the scope of the internet service, maintenance and support, pricing, usage policies, termination, and dispute resolution. II. Liquidated Damage Provision: 1. Definition: A liquidated damage provision outlines the predetermined amount of damages the subscriber agrees to pay in the event of a specified breach of the Service Agreement. This provision aims to mitigate the difficulties of proving actual damages incurred by the ISP due to a breach and provides a fair and predetermined compensation. 2. Types of Liquidated Damage Provisions: a. Breach of Contract: This provision specifies the amount the subscriber will pay if they fail to fulfill their contractual obligations, such as non-payment of fees, violation of usage policies, or unauthorized transfer of service. b. Service Interruptions: Should the ISP fail to provide the agreed-upon level of service, this provision determines compensation for the subscriber for the time period during which the service was interrupted or not meeting the promised quality standards. III. Exculpatory Provision: 1. Definition: An exculpatory provision limits or releases one party (usually the ISP) from liability for certain types of damages or claims arising from the internet service, except where prohibited by law. It aims to protect the ISP from legal action stemming from unforeseen circumstances or events beyond their control. 2. Types of Exculpatory Provisions: a. Force Mature: This provision relieves the ISP from liability for service interruptions or delays caused by events beyond their control, such as natural disasters, power outages, or acts of terrorism. b. Third-party Services: It disclaims responsibility for any damages resulting from the subscriber's use of third-party services or websites accessed through the ISP's network, protecting the ISP from any liabilities arising from such usage. c. Limitation of Liability: This provision caps the total liability of the ISP towards the subscriber, delineating the maximum amount for which the ISP can be held responsible, excluding damages arising from intentional misconduct or gross negligence. Conclusion: The Bronx New York Service Agreement between an ISP and a Subscriber with a Liquidated Damage and Exculpatory Provision establishes the terms and conditions under which internet services are provided. Liquidated damage provisions determine the predefined compensation in case of breach, while exculpatory provisions protect the ISP from certain types of liability. These agreements ensure a fair and transparent relationship between the ISP and the subscriber, fostering reliable and efficient internet services in the Bronx area.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
