• US Legal Forms

Rhode Island 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.

A Rhode Island 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 being provided. This agreement typically includes a Liquidated Damage and Exculpatory Provision, which are designed to protect the interests of both parties involved. The Liquidated Damage provision is a contractual clause that establishes the amount of damages the ISP can seek in the event of a breach of contract by the Subscriber. This provision specifies a predetermined amount of money that the Subscriber agrees to pay the ISP as compensation for any violation of the terms and conditions outlined in the agreement. It serves as a deterrent for the Subscriber to comply with all contractual obligations and helps the ISP recover incurred losses. On the other hand, the Exculpatory Provision is a clause that limits the liability of the ISP in certain situations, protecting them from legal claims or damages arising from specific events. This provision can shield the ISP from liability for any interruptions in service, loss of data, or other unforeseen circumstances that may occur during the provision of the Internet service. It is important for Subscribers to carefully review this provision to understand the extent of the ISP's liability and any limitations imposed by the agreement. It is worth noting that there may be variations in the specific types of Rhode Island Service Agreements with Liquidated Damage and Exculpatory Provisions offered by different ISPs. Some agreements may have different clauses, terms, or provisions depending on the ISP's policies and services being provided. However, the fundamental purpose of these clauses remains consistent — to establish the consequences of breaches by the Subscriber and to limit the ISP's liability in certain situations. When entering into a Rhode Island Service Agreement with an ISP, Subscribers should carefully review all terms and conditions, paying particular attention to the Liquidated Damage and Exculpatory Provisions. It is advisable to seek legal advice if there are any concerns or questions regarding the agreement to ensure full understanding and protection of rights.

Free preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview

How to fill out Rhode Island Service Agreement Between Internet Service Provider And Subscriber With A Liquidated Damage And Exculpatory Provision?

If you wish to obtain, download, or print genuine document templates, utilize US Legal Forms, the largest selection of legal forms available online.

Employ the site's simple and user-friendly search to find the documents you need.

A selection of templates for business and personal purposes is organized by categories and states, or keywords.

Step 5. Complete the transaction. You can use your credit card or PayPal account to finalize the payment.

Step 6. Select the format of the legal document and download it to your device.

  1. Utilize US Legal Forms to access the Rhode Island Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision with just a few clicks.
  2. If you are already a customer of US Legal Forms, Log In to your account and click the Download button to retrieve the Rhode Island Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision.
  3. You can also find forms you previously downloaded in the My documents section of your account.
  4. If you are using US Legal Forms for the first time, follow these steps.
  5. Step 1. Ensure you have selected the form for the correct area/state.
  6. Step 2. Utilize the Preview option to review the content of the form. Be sure to read the details.
  7. Step 3. If you are not satisfied with the document, use the Search bar at the top of the screen to find other models in the legal document template.
  8. Step 4. Once you have found the document you need, click the Buy now button. Choose the payment plan you prefer and enter your details to register for an account.

Form popularity

FAQ

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.

For example, the amount must be reasonable. Liquidated damages are not designed to punish contractors, and thus cannot be an amount that could be considered excessive or punitive. For example, $20-$25 per day for each $100,000 of the contract price.

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.

In determining whether a liquidated damage provision is enforceable, a court will look at whether the amount of the liquidated damage is reasonable in light of either: (1) the anticipated loss at the time the contract was entered into; or (2) the actual damages caused by the breach.

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

If the contract is terminated before PC, the termination marks the end point of the period for which liquidated damages can be claimed but does not cause a claim to liquidated damages to be lost. In relation to the period following termination, the employer can bring a claim for general damages.

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 liquidated damages example would be a contractor that failed to complete a construction project on time and is charged daily until the project has been finished.

Courts have held that liquidated damages twice the amount of actual damages were reasonably proportionate to actual damages. Thus, the party opposing liquidated damages will need to show that liquidated damages far exceed actual damages to succeed in having them ruled an unenforceable penalty.

Liquidated damages are not always enforceable however. As a general rule, a court will not enforce a liquidated damages provision that amounts to nothing more than a mere penalty for violating the contract. The purpose of liquidated damages is not to allow parties to impose penalties upon one another.

Interesting Questions

More info

The defendant ISPs provide internet backbone routing services. The IPSs' routers determine the best pathway between the computer. The ESEP Agreements explicitly provided that ?the obligations of Shearson hereunder withRhode Island Superior Court Business Calendar Non-Liquidating ...Avangrid, Inc. (AVANGRID, we or the Company), is an energy servicesDPU, PURA, New Hampshire Public Utilities Commission, Rhode Island Division of ... Contract with ENGIE Services, subject to legal review, for the performance ofContractor shall not be assessed liquidated damages for delay in. We and our laboratory partners have in-network contracts with insurance providers that account for over 160 million covered lives in the United States. The ?Service Provider? are to Brookfield Infrastructure Group L.P.,For example, a liquidated damages regime applies in respect of some of the expansion. Service provider provided records to the government without a court order.of a private corporation operating a detention facility in Rhode Island are ... Upcoming changes to the rates paid to providers by Pennsylvania's Office of Development ProgramsLiquidated Damages in Ohio Purchase and Sale Agreements. The firm also has a rich legacy of providing full-service legal counsel onwill fill other roles, working to cultivate further growth for the company. Borrower and lender members. The provider of the lending platform, in our case LendingClub, generally provides transactional services for the online network ...

Trusted and secure by over 3 million people of the world’s leading companies

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