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.
A New Mexico Service Agreement between an Internet Service Provider (ISP) and Subscriber with a Liquidated Damage and Exculpatory Provision, is a legally binding contract that defines the terms and conditions under which the ISP will provide internet services to the Subscriber. This type of agreement is designed to protect both parties' interests and establish clear guidelines for service delivery, usage, and disputes. The agreement typically starts with an introduction section that identifies the parties involved, including their legal names and contact information. It also mentions the effective date of the agreement and its purpose. The agreement should clearly state that it is governed by the laws of the state of New Mexico. The next section outlines the services that the ISP will provide to the Subscriber. This includes details about the type of internet connection, speed, data limits, and any additional features or services offered. It may also mention any equipment, such as modems or routers, provided by the ISP and any associated fees or rental charges. The agreement specifies the payment terms, including the subscription fee, billing cycle, accepted payment methods, and any late payment penalties or charges. It's important for the agreement to outline the consequences for non-payment or termination due to non-payment, including the ISP's right to suspend or disconnect the service. A liquidated damage provision is included to specify the amount of damages that will be due if either party breaches the agreement. This provision serves to estimate in advance the actual damages that would be difficult to determine at the time of the breach. It helps to protect the ISP's investments and compensates for losses caused by the Subscriber's failure to abide by the agreement. An exculpatory provision is included to limit the liability of the ISP. It outlines any limitations of liability, disclaimers of warranties, and conditions under which the ISP will not be held responsible for certain circumstances, such as interruptions or delays in the service due to external factors beyond their control. The agreement also covers terms related to the Subscriber's use of the internet service, including acceptable use policies, prohibited activities (e.g., illegal activities, bandwidth abuse, copyright infringement), and consequences for violating these terms. It may also include provisions related to the privacy and security of the Subscriber's personal information and data. The agreement typically addresses issues related to service interruptions, maintenance, and support. It specifies the ISP's obligations to maintain the service, resolve any technical issues, and provide customer support. It may also include provisions related to force majeure events and the ISP's ability to suspend or terminate the service temporarily or permanently in certain situations. If there are different types of agreements, they could be categorized based on the duration of the service commitment. For example, there may be month-to-month agreements, annual agreements, or multi-year agreements. The provisions within the agreement would remain largely consistent, but the terms and conditions related to termination, renewal, and early termination fees would vary depending on the type of agreement. It is important for both the ISP and Subscriber to carefully review and understand all the terms and conditions outlined in the agreement. If necessary, legal counsel should be consulted before signing to ensure that both parties' rights and obligations are adequately protected.
