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 Wake North Carolina Service Agreement between an Internet Service Provider (ISP) and Subscriber with a Liquidated Damage and Exculpatory Provision is an essential legal contract that outlines the terms and conditions governing the provision and use of internet services in the Wake North Carolina area. This agreement ensures a mutually beneficial relationship between the ISP and the subscriber, safeguarding both parties' rights and responsibilities. Key components included in a typical Wake North Carolina Service Agreement with a Liquidated Damage and Exculpatory Provision may vary depending on the specific terms negotiated between parties, but generally encompass: 1. Parties Involved and Effective Date: Clearly identifies the ISP and the subscriber entering into the agreement, along with any authorized representatives. This section further establishes the agreement's effective date, indicating when the services will be provided. 2. Scope of Services: Defines the internet services being offered by the ISP, such as broadband internet access, email services, and technical support. Additionally, it may specify any limitations or exclusions regarding the services. 3. Subscriber Obligations: Outlines the responsibilities of the subscriber, including the payment of fees, correct usage of services, compliance with applicable laws, and the obligation to maintain the confidentiality of account information. 4. Service Fee and Payment: Specifies the agreed-upon fees for the internet services and provides information on how and when these fees will be invoiced and paid. This section may also describe any late payment penalties or procedures for discontinuation of services due to non-payment. 5. Term and Termination: Establishes the duration of the agreement, typically expressed in months or years. Moreover, it outlines the conditions under which either party can terminate the agreement, such as non-compliance with the terms or mutual agreement. 6. Liquidated Damage and Exculpatory Provision: This crucial provision defines the agreed-upon liquidated damages in case of a breach of contract, serving as a predetermined amount of compensation to be paid by the party in default. The exculpatory provision, on the other hand, limits the liability of the ISP in certain circumstances, protecting them from claims or damages arising from the subscriber's use of the services. 7. Intellectual Property: Clarifies the ownership rights of intellectual property, ensuring that the subscriber does not infringe upon the ISP's proprietary information or software while using the services. 8. Limitation of Liability: States the extent of liability on the part of both the ISP and the subscriber, including any disclaimers of consequential damages or exclusions of certain types of liability. 9. Change of Services and Amendments: Describes the process by which either party can make modifications or amendments to the agreement, acknowledging that changes may occur as technology advances or business needs evolve. 10. Governing Law and Jurisdiction: Identifies the governing law for the agreement, specifically indicating Wake North Carolina, and any jurisdictional requirements in case of legal disputes. Different types of Wake North Carolina Service Agreements with a Liquidated Damage and Exculpatory Provision may exist based on variations in service packages, subscription tiers, or additional services provided by the ISP. However, the primary elements mentioned above are typically present in all agreements to protect both the ISP and the subscriber's interests.The Wake North Carolina Service Agreement between an Internet Service Provider (ISP) and Subscriber with a Liquidated Damage and Exculpatory Provision is an essential legal contract that outlines the terms and conditions governing the provision and use of internet services in the Wake North Carolina area. This agreement ensures a mutually beneficial relationship between the ISP and the subscriber, safeguarding both parties' rights and responsibilities. Key components included in a typical Wake North Carolina Service Agreement with a Liquidated Damage and Exculpatory Provision may vary depending on the specific terms negotiated between parties, but generally encompass: 1. Parties Involved and Effective Date: Clearly identifies the ISP and the subscriber entering into the agreement, along with any authorized representatives. This section further establishes the agreement's effective date, indicating when the services will be provided. 2. Scope of Services: Defines the internet services being offered by the ISP, such as broadband internet access, email services, and technical support. Additionally, it may specify any limitations or exclusions regarding the services. 3. Subscriber Obligations: Outlines the responsibilities of the subscriber, including the payment of fees, correct usage of services, compliance with applicable laws, and the obligation to maintain the confidentiality of account information. 4. Service Fee and Payment: Specifies the agreed-upon fees for the internet services and provides information on how and when these fees will be invoiced and paid. This section may also describe any late payment penalties or procedures for discontinuation of services due to non-payment. 5. Term and Termination: Establishes the duration of the agreement, typically expressed in months or years. Moreover, it outlines the conditions under which either party can terminate the agreement, such as non-compliance with the terms or mutual agreement. 6. Liquidated Damage and Exculpatory Provision: This crucial provision defines the agreed-upon liquidated damages in case of a breach of contract, serving as a predetermined amount of compensation to be paid by the party in default. The exculpatory provision, on the other hand, limits the liability of the ISP in certain circumstances, protecting them from claims or damages arising from the subscriber's use of the services. 7. Intellectual Property: Clarifies the ownership rights of intellectual property, ensuring that the subscriber does not infringe upon the ISP's proprietary information or software while using the services. 8. Limitation of Liability: States the extent of liability on the part of both the ISP and the subscriber, including any disclaimers of consequential damages or exclusions of certain types of liability. 9. Change of Services and Amendments: Describes the process by which either party can make modifications or amendments to the agreement, acknowledging that changes may occur as technology advances or business needs evolve. 10. Governing Law and Jurisdiction: Identifies the governing law for the agreement, specifically indicating Wake North Carolina, and any jurisdictional requirements in case of legal disputes. Different types of Wake North Carolina Service Agreements with a Liquidated Damage and Exculpatory Provision may exist based on variations in service packages, subscription tiers, or additional services provided by the ISP. However, the primary elements mentioned above are typically present in all agreements to protect both the ISP and the subscriber's interests.
