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Nevada Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision

State:
Multi-State
Control #:
US-00448BG
Format:
Word; 
Rich Text
Instant download

Description

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.

The Nevada Service Agreement between an Internet Service Provider (ISP) and a subscriber is a legally binding contract that outlines the terms and conditions of the internet service provided by the ISP to the subscriber. This agreement is designed to protect the rights and interests of both parties involved. The agreement typically begins with an introduction that states the names and contact information of the ISP and the subscriber. It also includes a statement declaring the intent of the agreement, which is to establish a reliable and continuous internet service for the subscriber. The agreement covers various essential terms and conditions related to the internet service provided. These may include the nature of the service, such as the type of connection (e.g., DSL, cable, fiber-optic), the speed of the connection, and any limitations or restrictions placed on the service. One key aspect of the Nevada Service Agreement is the inclusion of a Liquidated Damage provision. This provision specifies the amount of money the subscriber agrees to pay to the ISP in case of any breach of contract or damage caused by the subscriber to the ISP's equipment or network infrastructure. The provision helps to ensure that both parties are aware of the potential costs associated with any violation of the agreement. Additionally, the Nevada Service Agreement may also include an Exculpatory Provision. This provision states that the ISP is not held responsible for any damages, losses, or liability resulting from interruptions in the internet service caused by circumstances beyond its control, such as natural disasters, power outages, or acts of terrorism. This provision is essential for protecting the ISP from legal claims or obligations that could arise due to factors beyond their control. It's important to note that there may be different types of Nevada Service Agreements available, depending on various factors, such as the type of service being provided (residential or business), the duration of the agreement (monthly, yearly), or the specific terms negotiated between the ISP and the subscriber. For instance, there could be separate agreements for residential subscribers and business subscribers, with different terms and conditions depending on the intended usage, required bandwidth, and any additional services or features provided for business customers. In conclusion, the Nevada Service Agreement between an ISP and a subscriber is a comprehensive legal document that details the rights, responsibilities, and obligations of both parties. The inclusion of a Liquidated Damage provision helps protect the ISP's interests in case of a breach, while the Exculpatory Provision safeguards the ISP from liability for circumstances beyond their control. Different types of agreements may exist depending on the specific circumstances and needs of the subscriber.

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FAQ

Liquidating damages in a contract limits the time, cost and difficulty of proving or challenging actual damages and, equally importantly, provides the parties with valuable information to use in assessing their risks and in determining what actions to take during construction.

Definition. Liquidated Damages are a variety of actual damages. Most often, the term "liquidated damages" appears in a contract, and often is the title for a whole clause or section. Parties to a contract use liquidated damages where actual damages, though real, are difficult or impossible to prove.

In summary, a liquidated damages clause in a real estate sales contract will be enforceable if it is a fair approximation of damages and provides for the mutuality of remedies between the parties.

An example of this would be how a contract for a university dorm rental may state: Students who cancel their dormitory housing agreement after moving into their room shall pay liquidated damages amounting to $5.00/day for the remainder of the rental term (not to exceed $500.00).

A provision for liquidated damages will be regarded as valid, and not a penalty, when three conditions are met: (1) the damages to be anticipated from the breach are uncertain in amount or difficult to prove, (2) there was an intent by the parties to liquidate them in advance, and (3) the amount stipulated is a

What Are Liquidated Damages? Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.

Liquidated damages is the sum a party to a contract agrees to pay if he breaks some promise, and which, having been arrived at by a good faith effort to estimate in advance the actual damages that will probably ensue from the breach, is legally recoverable as agreed damages if the breach occurs.

Liquidated damages clauses are generally enforceable, but most courts will not enforce a liquidated damages provision if (1) it constitutes a penalty as opposed to a reasonable estimate of the actual damages likely to be incurred due to delay, or (2) the party benefitting from the liquidated damages clause is

Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.

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Nevada Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision