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112 North Curry Street
Carson City, NV, 89703
800-859-9121
info@avantwireless.com

Locally Owned and Operated

 

 

Subscriber Contract
AvantWireless, LLC

For Basic Reno Home Service ( Washoe Valley, Spanish Springs, Arrow Creek to Diamonte Ranch and North! ):
For Mount Rose Area ( Mt Rose HWY above the Chevron Station ):

THIS IS A LEGALLY BINDING CONTRACT AND BY USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


1. Definitions.
"The Company" means AvantWireless, LLC, 112 North Curry Street, Carson City, Nevada, 89703.

"The Subscriber" refers to an individual, corporation or legal entity who incurs usage charges from The Company services, for its own use or behalf of a third party user.

2. Price.
a. General. The Subscriber shall pay to The Company charges associated with the rate plan selected, including without limitation; deposits, set-up fees, equipment purchase and/or rental, service charges, etc., all as set forth on the subscriber information page ( www.avantwireless.com/subscribers ).

b. Usage Based Pricing. The Company reserves the right to establish incremental service charges for use of Company's services exceeding stated thresholds as set forth from time to time on the subscriber information page (www.avantwireless.com/subscribers ). Said usage based pricing will be billed at the end of that month’s service. For example, incremental usage above the threshold for the month of January will be billed on February's invoice.

c. Changes. All charges are subject to change at Company's discretion upon thirty days advance notice.

d. Payment. With the exception of usage-based fees, which will be billed in arrears, payment of all charges, are due, on the first day of the service period selected by The Subscriber. All periods of service shall begin on the first day of the month. Accounts more than 5 (five) days overdue will be temporarily disabled until payment in full is received. A $10.00 reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee of $25.00. With the exception of the first month of service, MONTHLY SERVICE IS NOT PRORATED.

3. Terms and Termination.
This agreement commences upon activation of service by The Company and remains in effect for the selected rate plan period, or until terminated as herein provided.

Subscriber may terminate this agreement upon ten days advance, online, or other written notice. Unless Company has increased fees or charges within one month prior to subscribers' notice of termination, subscriber shall pay to company upon discontinuance of service, a termination charge equal to the applicable monthly fees and charges multiplied by the number of months remaining in the term. The Company shall have the right to suspend or terminate this agreement at any time without prior notice to subscriber. The Subscriber also agrees that The Company has the right to delete all data, files or other information that resides or is stored on The Company's hardware if either party terminates The Subscriber’s account with The Company for any reason.

4. Indemnification.
Subscriber and User shall indemnify and hold harmless The Company, its agents and employees from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of the service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use,
Including, without limitation, claims for libel, slander, an invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service with the products or services of others), negligence, breech of security, or tortuous behavior. Subscriber agrees to indemnify The Company along with any parties from whom The Company obtains network services, and to hold them harmless from any claims resulting from the use of the service by Subscriber or its users that damage another party or that violate the law.

5. Disclaimers of Warranties.
All materials, information, software, products, equipment, and services included in or available through the company (the "content") are provided "as is" and "as available" for subscriber’s use. The content is provided without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company and its licensors, agents and employees do not warrant that the content is accurate, reliable or secure, the services will be available at any particular time or location, any defects or errors will be corrected, or that the content is free of viruses or other harmful components. Your use of this system is solely at your risk.

6. Limitation of Liability.
Company shall not be liable for interruptions caused by failure of equipment or services not provided by company, failure of communications, power outages, or other interruption not within the complete control of company. Nor shall company be liable for performance deficiencies caused or created by subscriber's or its user’s equipment. Subscriber and user hereby release company from liability arising from any content accessed via the service. Company's performance under this agreement shall be excused in case of labor difficulties, governmental orders, civil commotions, acts of god, or other conditions or circumstances beyond its reasonable control. Company shall not be liable if changes in operation, procedures, or services require modification or alteration of subscriber's or its users equipment, render the same obsolete or otherwise affect its performance. In no event shall company be liable for any incidental, special, consequential, or punitive damages including, but not limited to, loss of profits, loss of business or business opportunity, loss of use, etc. The liability of company for actual proven damages for any cause whatsoever, including, but not limited to, any failure of or disruption of service regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to charges payable by subscriber under this agreement for the service during the period such damages occur. Company makes no other warranties or representations, either expressed or implied, concerning the service, and expressly disclaims warranties of fitness for a particular use or purpose, the warranty of merchantability and any other warranty implied by law.

7. Use of Service.
Subscriber shall insure that its users shall comply with the terms and conditions of the AvantWireless, LLC Acceptable Use Policy.

8. Broadband Availability.
Company reserves the right to establish and enforce usage limits, limiting the speed of uploads and downloads of any kind and in all protocols, including without limitation, file downloads (FTP's), e-mails, Web browsing, etc., from time to time, for all wireless, DSL or other system accounts.

9. Service Calls.
Subscriber is responsible for the entire cost of service calls including labor, materials and equipment for all failures which are not the fault of the Company including without limitation, acts of God, weather phenomena, failure of Subscriber's equipment, etc., including service calls to reinstall software.

10. Disputes.
In the event the Company is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein contained or arising out of the Subscriber's use of the services provided by the Company in any other manner, the Subscriber agrees to pay all of the Company's reasonable attorney fees and court costs. Upon breach of this Contract, all of subscriber’s rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all Subscriber fees shall be forfeited as liquidated damages to the Company. In the event of litigation, both parties agree that the law of Washington shall apply and both parties consent to the jurisdiction of the courts of Carson County, Nevada. Both parties expressly waive a jury trial.

11. Content.
The Company shall have the sole right to decide what information (Web Page content, etc.) can or cannot be uploaded onto, or reside upon, the Company's system and the Company has the right to delete all such data, or files that it decides cannot reside on the Company's hardware.

12. Contract Amendments.
The Company reserves the right to amend this contract from time to time, in its sole discretion, and any such amendments shall become effective upon promulgations, subject to the terms of this agreement.

13. Subscriber Regulations.
The Subscriber certifies that he or she is at least 18 years of age or that a parent or guardian has given their expressed consent. The parent or guardian acknowledges responsibility for the minor's actions.

14. AvantWireless, LLC Contract.
This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guarantees, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.

16. Service Performance .
Service is a burstable service and bandwidth commitments are based upon an unloaded circuit. Continuous loading of circuit will result in lower than maximum available bandwidth. AvantWireless makes no guarantee as to performance with a circuit with constant high load

17. Agreement Revisions.
Company reserves the right to change this agreement at anytime without notice. You can check the AvantWireless, LLC website (www.avantwireless.com) for the most recent revision of this document.