Arrow Networks Legal

This agreement constitutes a binding contract on you and governs the use of and access to the services by you, agents, and end-users. By accepting this Agreement,  You agree to be bound by this Agreement as of the date of such access or use of the Service (the “Effective Date”). If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Arrow Networks, LLC ("Arrow") that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Client,” “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates. Arrow and Client may be referred to herein individually as a “Party” and collectively as the “Parties.”  If You do not have such authority, or if You do not agree with this Agreement, You must not use or authorize any use of the Services.

1. Arrow shall provide Client with  connection to the Internet (the “Connection”).

2. The term of this Agreement shall commence on the Activation Date and shall end 36 months after such date, unless otherwise expressed under “Contract Length.” This Agreement shall automatically renew for successive twelve month term(s) unless written notice is given by either Party to the other not less than thirty (30) days prior to the end of the initial term. Arrow may change the monthly charges payable under this Agreement for any renewal term by notifying Client at least thirty (30) days prior to the beginning of any renewal term of such a rate change.

3. Arrow agrees to lease to Client such equipment necessary to establish an internet connection (the “Leased Equipment”). Client shall be responsible for any loss with respect to the Leased Equipment including, but not necessarily limited to, damages caused by weather or other conditions existing at Clients location. Client shall not be responsible for any manufacturing defects, which shall be remedied by Arrow without charge to Client at any time during the term of the Agreement. Client shall return the Leased Equipment to Arrow in good working order within ten (10) days from the date of any termination of this Agreement; Client shall be financially responsible for any Leased Equipment not returned to Arrow within ten (10) days.

4. Client is responsible for any labor and materials necessary for the installation of the  internet equipment.

5. Arrow shall not be responsible for any additional installation services not specifically agreed to by Arrow in writing prior to the installation. Client shall be responsible for the cost of materials and labor for any work subsequently requested by Client.

6. All payments for service, lease and/or installation should be in the form of credit/debit card or check. If Client does not return all the Leased Equipment to Arrow in good working order within ten (10) days of the date of the termination of this Agreement, Client authorizes Arrow to charge Client’s account in the amount of the replacement value of the Leased Equipment not returned. In the event that any payment by check is returned for any reason, Client shall be responsible for an additional fee of $50.00. In the event that Client submits more than one payment via check that is returned, Arrow reserves the right to refuse future payments by check and to require that Client provide a credit/debit card for payments. In the event that Customer requests that services be relocated to another location, HCN agrees to reasonably cooperate with Customer to relocate such services to the extent possible with respect to the underlying carriers involved, in which event, such relocation shall not be subject to the early termination fee.

7. Client understands that  Internet connectivity requires direct cellular line of site, and that any obstruction between the tower and the antenna located at Client’s location may block the signal and cause failure of the Connection. Arrow is not responsible for the removal of any obstruction.

8. Client acknowledges that all fees are non-refundable after the Connection becomes operational (the “Activation Date”).

9. Client shall be responsible for obtaining any required permits or consent for the installation of the Arrow Leased Equipment on property not owned by Client. Arrow shall not be responsible for Client’s failure to obtain any required permits or approval prior to installation.

10. Client will be invoiced monthly in advance for all amounts due. All payments are due within 30 days after the date of invoice. Client’s use of the Connection may be suspended if payment is not received by Arrow within thirty (30) days of invoice receipt.

11. If Client terminates this Agreement any time after implementation, but before expiration, Client will pay a lump sum equal to 50% of the charges of the remainder of the then current term of the Agreement. If Arrow terminates this Agreement due to Client’s use of the connection for violation of Arrow’s acceptable use policy, Client shall pay a lump sum equal to the charges for the remainder of the current term of the Agreement. In an effort to achieve a coterminous environment, all locations listed by “Address” within each Addenda in the attached service order will share a contract end date 120 calendar days from the Effective Date. In the event that Client requests that services be relocated to another location, Arrow agrees to reasonably cooperate with Client to relocate such services to the extent possible with respect to the underlying carriers involved, in which event, such relocation shall not be subject to the early termination fee.

12. The Connection and Arrow’s network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national or international law or regulation is prohibited and shall be grounds for suspension of internet services or termination of this Agreement. Prohibited uses include, but are not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Arrow to be inappropriate or improper, such as transmitting bulk e-mail messages, or using a peer-to-peer network.

13. Arrow makes no warranties, express or implied, including, but not limited to, that the Connection is suitable for a particular purpose. Arrow shall not be responsible for any loss of data resulting from delays, non-deliveries, misdeliveries or service interruptions. Use of any information obtained through Arrow’s network shall be at Client’s own risk. Arrow specifically disclaims any and all responsibility for the accuracy or quality of information obtained through the Connection.

14.Temporary impairment or interruption of service may occur as a result of any of the following: routine maintenance, periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electrical breakdowns. Arrow does not guarantee continuous or uninterrupted service and reserves the right, from time-to-time, to temporarily reduce or suspend service without notice. Client shall indemnify and hold harmless Arrow and its directors, officers, employees, and agents from any and all obligations, charges, claims, liabilities and fees incurred as the result of interruptions or omissions of service under this Agreement, except in the event of Arrow’s breach, negligence or willful misconduct. Client consents to the periodic monitoring of Client’s use of the Connection and Arrow’s network by Arrow as may be reasonably required to conduct its quality control activities.

15. Client agrees to pay all costs incurred by Arrow in enforcing the terms of the Agreement, including, but not limited to reasonable attorney’s fees and collection costs. In the event of any litigation arising out of this Agreement, the prevailing Party shall be entitled to recover all costs incurred in such litigation, including reasonable attorney fees.

16. This Agreement is deemed to be entered into in the State of Missouri and the Parties agree that any dispute arising under this Agreement shall have its venue in Greene County, Missouri, and any such dispute shall be governed by and constructed in accordance with the laws of the State of Missouri.

17. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

18. This Agreement contains the entire understanding between and among the Parties and supersedes any prior understandings, and agreements among them respecting and subject matter of this agreement. Provided that the terms of this Agreement are modified by the terms of the Addenda attached hereto, and in the event of any conflict between the terms of this Agreement and the terms of the Addenda, the terms of the Addenda shall control.

19. Appropriation. The Parties agree that the terms of this Contract, and any renewal, are subject to the Board of Aldermen appropriating anticipated funds for this Contract in any fiscal year’s budget. The failure of the Board of Aldermen to appropriate the funds for the term of this Contract and any renewal term shall be grounds for termination.

20. Affidavit for Contracts Over $5,000.00. That pursuant to Missouri Revised Statute Sections 285.525 through 285.550, if this contract exceeds the amount of $5,000.00 and Contractor is associated with a business entity, Contractor shall provide an acceptable notarized affidavit stating that the associated business entity is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services, and that said business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Additionally, Contractor must provide documentation for said business entity evidencing current enrollment in a federal work authorization program.

21. Affidavit for Compliance with Anti-Discrimination against Israel Act. That pursuant to Missouri Revised Statute Section 34.600, if this contract exceeds the amount of $100,000 for Contractors with ten or more employees, Contractor shall provide an acceptable notarized affidavit stating that the associated business is not currently engaged in and shall not for the duration of the contract, engage in a boycott of goods or services from the State of Israel; is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or is not currently engaged in and shall not for the duration of this contract, engage in a boycott of goods or services from persons or entities doing business in the state of Israel

‍