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 Wisconsin Service Agreement between an Internet Service Provider (ISP) and a Subscriber is a legally binding contract that outlines the rights and responsibilities of both parties. This agreement ensures that the ISP provides high-quality internet services to the Subscriber while the Subscriber agrees to pay for those services. One specific type of Wisconsin Service Agreement might include a Liquidated Damage and Exculpatory Provision. This provision sets out the agreed-upon amount of damages that will be paid by the Subscriber in case of a breach of contract or failure to meet certain performance standards by the ISP. It also includes an exculpatory clause that limits the liability of the ISP in certain situations. The agreement typically starts with an introduction, identifying the parties involved, their addresses, and the effective date of the agreement. It then includes the general terms and conditions that apply to the provision of internet services. The scope of services section outlines the specific services provided by the ISP, such as internet access, email accounts, and technical support. It may also include details of service levels, such as uptime guarantees, response times, and download/upload speeds. The billing and payment section explains the payment terms, including the frequency of billing, accepted payment methods, and any late payment penalties. It may also mention the consequences of non-payment, such as suspension or termination of services. The subscriber's obligations section highlights the responsibilities of the Subscriber, which typically include promptly paying the billed amount, complying with the ISP's acceptable use policy, and not sharing or reselling the internet connection without prior consent. The ISP's obligations section outlines the duties of the ISP, including providing uninterrupted service, maintaining the network infrastructure, and addressing technical issues promptly. The termination section covers the conditions under which either party can terminate the agreement, such as non-payment, repeated breaches of the contract, or by mutual agreement. It may also describe the notice period required for termination and any termination fees. The Liquidated Damage and Exculpatory Provision specifically addresses the consequences of breaching the agreement. It may include a stipulated amount of damages that the Subscriber must pay in case of non-compliance with certain terms. The provision may also state that the ISP shall not be held liable for any direct or indirect damages arising from the use or inability to use the internet services. Other sections commonly found in a Service Agreement may include dispute resolution methods, governing law, warranties, intellectual property rights, and limitations of liability. It's important to note that while this description provides a general overview of a Wisconsin Service Agreement between an ISP and a Subscriber with a Liquidated Damage and Exculpatory Provision, specific details and provisions may vary between agreements. It's advisable for both parties to carefully review and understand the terms before signing the contract.
