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

State:
Multi-State
County:
Fulton
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.

Fulton Georgia Service Agreement between Internet Service Provider and Subscriber with a Liquidated Damage and Exculpatory Provision Introduction: A Fulton Georgia Service Agreement is a legally binding document between an Internet Service Provider (ISP) and a subscriber. This agreement outlines the terms and conditions governing the provision of internet services by the ISP to the subscriber in Fulton, Georgia. Some types of Fulton Georgia Service Agreements may differ based on the specific terms agreed upon between the ISP and subscriber. Two common types are: 1. Residential Service Agreement: This type of Service Agreement is designed for residential subscribers in Fulton, Georgia. It defines the rights, responsibilities, and expectations for both the ISP and the subscriber in the provision of internet services. It covers various factors such as internet speed, data usage limits, support services, payment terms, and cancellation policies. Additionally, this agreement may include a Liquidated Damage and Exculpatory Provision, which establishes the amount of damages to be paid by the subscriber in case of a breach and the release of liability for the ISP under certain circumstances. 2. Business Service Agreement: The Business Service Agreement caters to business entities located in Fulton, Georgia. It includes all elements covered in the Residential Service Agreement, with additional provisions tailored to meet the unique needs of commercial subscribers. These may include service-level agreements, dedicated support channels, network uptime guarantees, and enhanced security features. Like the Residential Service Agreement, the Business Service Agreement may include a Liquidated Damage and Exculpatory Provision, outlining the consequences of breaching the agreement and protecting the ISP from certain liabilities. Key Clauses in the Fulton Georgia Service Agreement: 1. Service Description: This clause specifies the type and level of internet service being provided, including bandwidth speed, data limits, and any additional services or features. 2. Term and Termination: This clause outlines the length of the agreement, including options for renewal. It also details the conditions under which either party can terminate the agreement, such as non-payment or breach of contract. 3. Payment Terms: This section specifies the amount, frequency, and method of payment for the internet services provided. It may also include penalties or late fees for overdue payments. 4. Limitation of Liability: The Limitation of Liability clause outlines the extent to which the ISP is responsible for any damages or losses suffered by the subscriber. It often includes the Liquidated Damage and Exculpatory Provision, which sets a predetermined amount of damages to be paid by the subscriber in the case of a breach, limiting the ISP's liability to this predetermined sum. 5. Dispute Resolution: This clause establishes the procedure for resolving any disputes that may arise between the ISP and the subscriber. It may require mediation or arbitration before resorting to legal action. Conclusion: A Fulton Georgia Service Agreement between an Internet Service Provider and a subscriber is a crucial document that ensures a clear understanding of the rights and responsibilities of both parties. By including a Liquidated Damage and Exculpatory Provision, these agreements provide a framework for resolving disputes and provide a level of protection for both the ISP and the subscriber in Fulton, Georgia.

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FAQ

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.

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.

A liquidated damages clause specifies a predetermined amount of money that must be paid as damages for failure to perform under a contract. The amount of the liquidated damages is supposed to be the parties' best estimate at the time they sign the contract of the damages that would be caused by a breach.

Although the non-breaching party cannot recover both liquidated damages and the actual damages that the parties liquidated, merely agreeing to liquidate one category of damages does not by itself bar the non-breaching party from recovering actual damages for other categories of damages that the parties did not

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

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.

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).

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.

To enforce a liquidated-damage provision, the party enforcing the contract must prove that, at the time the contract was formed: (1) the harm anticipated from a breach was difficult to predict; and (2) the liquidated damage amount was a reasonable estimate of the harm.

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.

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