16343 Conneaut Lake Road, P.O. Box 1234 Meadville, PA  16335 

Phone: (814) 724-1234 Fax: (814) 337-1234 

 

Wireless Internet Services 

 

SERVICE ORDER 

 

Make all checks payable to Mobilcom 

Mail to address: P.O. Box 1234 Meadville, PA 16335 

 

1-year term of Service: Starting _____/2024 and ending /2025 ; after which Service is monthly according to billing cycles. 

 

Customer Name: ______________________________________________________________________ 

Service Address: City:                                        Zip:  

 

Primary Contact Name/Phone #: _______________(      )  

Secondary Contact Name/Phone #: _____________(       )             

 

 

Email Address(s):   

 

NEED HELP? Email: Service@mobilcom.com 

 

 

  1. PURPOSE 
     

The undersigned acknowledges receipt of these documents, which describe Mobilcom’s high-speed wireless data communications Services to Customer at the address or location specified in the Service Order, the terms and conditions of the Service, herein after referred to as the "Service", and the wireless access device(s) and any other Equipment that we may provide to Customer, including any licensed software loaded on the Equipment. The Agreement defines the obligations to Customer and use of the Service. This Agreement governs the entire relationship between Mobile Communication Service, Inc., hereinafter referred to as "Mobilcom", and the Customer, both of whom agree as follows: 

 

  1. SERVICES 

 

  1. Mobilcom agrees to provide the Customer wireless internet access, hereinafter referred to as  

“Service,” to Customer, consisting of services and access to data communications equipment that provides unlimited access to the internet via wireless transmissions signal.  

 

  1. Customer has accepted and shall be bound by all the terms and conditions set  

forth in this Agreement. Customer acknowledges and agrees to the following:  

 

  1. Provide Mobilcom with a written or electronic signature on a Service order; 
  2. Verbally order Service and accept this Agreement if ordering from Mobilcom by phone; 
  3. Activate and or use internet Service through the Equipment; 
  4. Pay a Mobilcom invoice; and  
  5. Utilize the web portal for one time or recurring credit card payment. 

 

  1. FEES 

 

  1. The fee schedule outlined in this Agreement applies to all Customers unless otherwise  

stated.   

 

Plan Pricing for Residential Users  

X 25 Mbps Plan: $80.00 per month, up to 25 Mbps down X 5 Mbps up 

X Basic Installation One-Time Fee $150.00  

❑ Custom Installation One-Time Fee_________ 

 

Different pricing is available for Commercial Users upon agreement by Mobilcom.  

 

  1. Payment. Upon activation of Service, Customer agrees to pay Mobilcom in full for all  

installation and activation fees. Upon payment and installation, equipment belongs exclusively to the Customer unless otherwise stated as described in Section IV (C). Mobilcom agrees to provide automatic billing to Customer and Customer agrees to permit automatic debit.  

 

 

Equipment Pricing 

X Baicells Outdoor CPE - CAT 6, 2T4R, 3.5GHz 14dBi antenna, $150 

X ACB-AC-US, airCube Home Wi-Fi Access Point, $100.00 

Preferred SSID______________________________ 

Preferred Password___________________________ 

 

  1. Customer agrees to pay for the Service at the rate indicated in the Service Order on a monthly basis for the duration of the term as rates may be adjusted from time to time.  

 

  1. Payment is due upon receipt of the invoice. Customer shall promptly notify Mobilcom of any changes to the credit or debit card or bank account used for payment.  

 

  1. Mobilcom has the right to use its discretion to resolve disputed charges. If Mobilcom determines that a billing error was made, it will credit Customer's account in the disputed amount within in a reasonable time.  

 

  1. Fees. If Customer fails to make a payment within five (5) days after payment is due, a late fee of twenty-five dollars ($25.00) will be charged to the Customer. If payment is not completed, Mobilcom has the right to terminate the Service.  

 

  1. Customer may opt to add an additional maintenance Service for the equipment provided by Mobilcom. An additional fee of ten dollars ($10.00) will be added to the Customer’s invoice each month for the duration of the term. Customer may make this selection at the end of this Agreement prior to signing.  
  2. The Maintenance fee includes any repairs, replacements, and labor fees to the Customer’s outdoor equipment purchases from Mobilcom.  
  3. The Maintenance fee excludes any equipment inside the dwelling regardless where the equipment was purchased. This includes, but is not limited to computer equipment of any kind, routers, mobile devices, cabling, network switches, WIFI equipment, and etc…   

 

  1. Customer hereby acknowledges and agrees that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, will result in additional installation charges to be paid upon installation. 

 

  1. Checks returned for any reason will be subject to a returned check fee charged to Customer’s account. In the event of collection activities for non-payment, Customer will be liable for a fifty dollar ($50.00) collection penalty fee, plus attorney’s fees and costs, and interest, in addition to the original amount owed. 

 

  1. In the event Service has been terminated for non-payment, restarting Service will require payment of twenty-five dollars ($25.00). 

 

 

 

 

  1. In the event any loss of Service is found to be the fault of the Customer or Equipment attached to the Mobilcom network and found inside the dwelling as defined in Section III (C)(1)(b), an hourly troubleshooting fee of seventy-five dollars ($75.00) may be charged. The troubleshooting fee may be charged without any obligation of Mobilcom to repair, replace or otherwise alter Customer owned Equipment.  

 

  1. In the event that Customer wrongfully terminates Service as defined in Section IV (C) of this Agreement, an early termination fee of three-hundred fifty dollars ($350.00) will be charged to Customer.  

 

  1. TERM AND TERMINATION 
     
  2. Term. The term begins with the date of the Service Order or the date upon which Service  

activation occurs, whichever is later. The term of this Agreement is set forth on the Service Order and will be month to month after the initial one (1) year term.  

 

  1. Renewal. This Agreement shall automatically renew on a month-to-month basis after  

the initial term until terminated by either Mobilcom or Customer upon thirty (30) days prior, written notice.  

 

  1. Suspension or Termination of Service. Customer may terminate Service within the  

first thirty (30) days of Service for any reason.  A termination request must be submitted in writing or by emailing service@mobilcom.com and must be received within the first thirty-day (30) period.  All initial fees are non-refundable to the Customer. If Customer wishes to terminate service after the first thirty (30) days, termination is subject to the early termination fee.  

 

  1. Mobilcom may limit, suspend or terminate Customer's Service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement.  

 

  1. If Mobilcom has reason to believe that Customer's Service is being used in a prohibited way outlined in this Agreement in Section VI or if Customer's use of the Service exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement, Mobilcom may limit, suspend, or terminate the Customer’s Service or this agreement. Mobilcom also reserves the right to terminate this Agreement and cease providing services to Customer upon thirty (30) days notice for any reason upon discretion.  

 

  1. Mobilcom shall not be liable to Customer for exercising or failing to exercise its rights under this section to limit, suspend, or terminate Service. 

 

 

 

 

 

 

  1. GENERAL TERMS 

 

  1. Installation. Customer warrants that they are at least eighteen (18) years of age and either  

own the premises at the location given in the Service Order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the Service. 

 

  1. Customer warrants that they have confirmed that placement of an access device, including an antenna, is not in violation of building owners or other restrictions. 

 

  1. Customer hereby authorizes Mobilcom, or its contractors, to install the Equipment necessary to receive the Service and agrees to allow Mobilcom or its contractor access to the premises to install, maintain, or repair the Equipment. 

 

  1. Customer agrees that Mobilcom may add additional equipment on the outside antenna mast to provide extended coverage to Service additional customers in the area for the term of this agreement at no cost.  If the Customer does not wish to keep Service beyond the term, Mobilcom will remove the added equipment from the premises at no cost, within sixty (60) days.  

 

  1. IP Address. Mobilcom will provide Customer with dynamic Internet protocol ("IP")  

address(es) as a component of Service, and these IP address(es) can and do change over time. No Static IPs are available. 

 

  1. Uninstallation. In the event of cancellation pursuant to Section IV (C), the Customer may  

opt to have a Mobilcom contractor or technician remove the Customer owned Equipment. A removal fee of one-hundred fifty dollars ($150.00) will be charged to the Customer.  

 

  1. Non-Waiver and Entire Agreement. This Agreement and the documents to which it refers  

form the entire Agreement between Customer and Mobilcom.  

 

  1. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this Service Agreement on behalf of the Customer is authorized to do so. 

 

  1. This Agreement is not for the benefit of any third party. No failure or delay by Mobilcom in exercising any right or remedy shall operate as a waiver. Any waiver by Mobilcom of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver. 

 

 

 

 

 

 

 

  1. PROHIBITED USE OF SERVICE 
     
  2. Prohibited Use. To maintain Mobilcom’s network to meet the needs of the users of the  

Service, Customer may not use the Service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Mobilcom network or the Service or any other party's use or enjoyment of the Service. 

 

The following uses are strictly prohibited: 

 

  1. Attempt to gain or interfere with unauthorized access to data, accounts, servers, systems, networks, etc., or any other users with the Service.  
  2. Forge or falsify any TCP-IP packet header or any part of the header or address information in an e- mail or a newsgroup posting or otherwise conceal the sender's or the recipient's identity. Use the Service to engage in activities that violate any terms or conditions of any other network access provider or Internet Service provider. 

 

  1. Customer shall not engage in any activity by use of the Service that is illegal, immoral, or that would otherwise cause damage to Mobilcom’s network or service.  

 

  1. Damages Mobilcom’s network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers. 

 

  1. Use the Service to send unsolicited mass e-mailings from any Mobilcom account or via another Service which in any way implicates the use of this Service or any Mobilcom e-mail address or that is relayed from any Mobilcom or third party's mail servers without permission. 

 

  1. Mobilcom Customers may not resell or lease Mobilcom’s Service or Equipment to any other person or party, provide it to persons not a resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes. 
     
  2. Privacy. Mobilcom will take reasonable efforts to safeguard any personal Customer  

information that it collects while checking credit, planning installation, or providing Service. Mobilcom does not sell Customer information or share it with third parties, except Mobilcom’s contractors, when required for the performance of their Services. 

 

  1. Mobilcom will only disclose Customer information to authorized officials or agencies as required by law. 

 

  1. Mobilcom may from time to time offer additional Services to its Customers, but any Customer may contact Mobilcom to opt out of receiving such marketing offers. 

 

 

 

  1. GOVERNING LAW 
     
  2. Pennsylvania. This Agreement shall be governed, construed, and enforced in accordance  

with the laws of the Commonwealth of Pennsylvania.  

 

  1. Severability. The invalidity or unenforceability of any provision of this Agreement shall  

not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 

 

  1. INDEMNIFICATION AND LIMITATION ON LIABILITY 
     
  2. Mobilcom makes no representations or warranties, statutory, express, or implied, as to the  

suitability of its Service for any particular purpose or as to the Equipment. 

 

  1. Customer’s Liabilities. Customer assumes all responsibility for use of the Service and  

acknowledges that interruptions of Service may occur. 

 

  1. Mobilcom shall not be liable for any deficiency in the Service caused by damages beyond Mobilcom’s control such as any act or omission of any carrier or Service provider other than Mobilcom, acts of God, acts of public enemies, acts of the government, acts of failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or Services, war, terrorism, unusually severe weather conditions, or default of Mobilcom’s subcontractors. Such deficiencies as a result of the aforesaid causes may include but are not limited to network interruptions, equipment defects, unauthorized access, or any action Mobilcom is required to take in an effort to protect its network and rights.  

 

  1. By posting or submitting content to any Mobilcom website, Customer grants Mobilcom the right to use, reproduce, display, adapt, modify, distribute, and have distributed the content in any form, anywhere and for any purpose. Customer also warrants and represents that Customer owns or otherwise controls all of the rights to the content and that public posting and use of the content by Mobilcom will not infringe or violate the rights of any third party. 

 

  1. Customer acknowledges and agrees that copyrights, trademarks, Service marks, patents and other proprietary rights and laws protect the content and materials available on any Mobilcom website or through the Mobilcom Service. Except as expressly authorized, Customer agrees not to use the Service in any manner that would infringe, violate, dilute or is appropriate any such rights with respect to any material. 

 

 

 

 

 

 

  1. Customer shall be responsible for legalities associated with use of structures used to mount end user equipment.  These structures include but are not limited to buildings, towers, poles, water tanks and siloes.  Customers legalities include but not limited to leases, structural analysis, permitting, FCC TCNS, and Section 106 regulations.  Mobilcom shall not be liable for any of these items that were not properly completed by the end user or owner of the structure.  Also, Mobilcom shall not be liable for anything that may be considered permanent damage from mounting end user equipment to structures. 

 

  1. Limitation of Liability. Mobilcom’s sole liability for Service disruption, regardless of  

cause, is limited to a credit proportional to the charges to Customer for the period of Service disruption or other credit specified in a Service order. Under no circumstances shall Mobilcom’s negligence total aggregate liability to Customer pursuant to this Agreement exceed a sum equal to  six (6) months of service paid to Mobilcom. Such compensation aside, and to the extent permitted by applicable law, Mobilcom shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties. 

 

  1. This section shall survive termination of this Agreement. Mobilcom will not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including Mobilcom’s contractors. 

 

  1. Equipment. If any Mobilcom Equipment is lost or stolen, Customer agrees to promptly notify Mobilcom and to provide Mobilcom with any documentation or information that it requests and otherwise cooperate with Mobilcom in the investigation of such incident. 

 

  1. Indemnification. Customer shall be responsible for any loss or damage to any Equipment  

belonging to Mobilcom on Customer’s premises. Customer shall indemnify, defend, and hold Mobilcom harmless from any violation by Customer of any applicable law or regulation. 

 

Customer will further indemnify Mobilcom for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information or content that Customer submits, posts, transmits or makes available through the Service or Customer's use of the Service or Equipment or IP address assigned to Customer by Mobilcom, Customer's actual or alleged violation of this Agreement, or Customer's actual or alleged violation of any rights of a third party. 

 

 

 

 

 

 

 

 

 

  1. WARRANTY DISCLAIMERS 
     
  2. Service Availability and Speed. Mobilcom’s wireless network is highly reliable,  

continuously monitored, and not normally affected by weather. However, extreme events outside of Mobilcom’s control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Internet access. 

 

  1. The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself. 

 

  1. Service may be temporarily unavailable during system repairs or modifications. 

 

  1. It is Mobilcom’s intent to provide the access speeds as indicated on the Service Order. Nevertheless, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet. 

 

  1. Warranties. MOBILCOM DISCLAIMS, TO THE MAXIMUM EXTENT  

PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. MOBILCOM DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL MOBILCOM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY MOBILCOM WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY MOBILCOM TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES NOT AMOUNT TO A WAIVER OF MOBILCOM’S RIGHTS. 

 

  1. RIGHTS AND RESTRICTIONS 

 

  1. Any use of the Service for a purpose not expressly permitted by this Agreement is strictly prohibited.  
     
  2. Mobilcom may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its Services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the Service or to notify Mobilcom of attacks or the potential for attacks by viruses or sources of "spam" from within its network. 

 

  1. Mobilcom reserves the right to filter spam or prevent hacking, viruses, or other potential harms without regard to any Customer preference. 

 

  1. The Mobilcom name, logo, and design marks are trademarks of Mobilcom, and may be used only with the express written permission of Mobilcom. 

 

  1. Participation in online communication accessed through the Service is not edited, censored, or otherwise controlled by Mobilcom. However, Mobilcom reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the Service if Mobilcom determines such content or Customer practices are illegal, harmful, offensive, or otherwise in violation of this policy, in Mobilcom’s sole discretion. 

 

  1. Mobilcom reserves the right to periodically adjust rates upon notice to the Customer.  
     
  2. Reporting. Please send reports of any activity in violation of law or this Policy to service@mobilcom.com  and its Service providers will reasonably investigate incidents involving such violations. Mobilcom and its Service providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected. 

 

 

IN WITNESS WHEREOF, the parties hereto place their hands and seals on this _____ day of ___________________, 20___. 

 

__ I, Customer, select to add an equipment maintenance fee of ten dollars ($10.00) that will be added to my invoice each month.   

 

______________________________ 

Customer 

 

 

______________________________ 

Mobile Communication Service, Inc.