Legal Documents

Update Notice

The following legal documents have been updated and we are publishing official notice here
Terms and Conditions - 3/29/2017
Privacy Policy - 3/15/2017

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PROPER ACCESS SOLUTION

GENERAL TERMS OF SERVICE

Effective March 1st, 2017

1. GENERAL AGREEMENT

The following Terms of Service (referred to as "TOS") are between you, the customer, and one of the following Vidage, LLC companies, depending upon your service address: Proper Access, Vidage, Vidage Creative Media (each individually and collectively referred to as "PROPER ACCESS"). The TOS constitute a legal document that details your rights and obligations as a purchaser of a PROPER ACCESS solution and/or bundled service (f/k/a PROPER ACCESS Home WiFi Upgrade FLAGSHIP or MESH) and/or PROPER ACCESS Bundled service for home office or home security and/or PROPER ACCESS Internet of Things Device installation service and support (individually and collectively referred to as "Services").

If you purchase a PROPER ACCESS Solution, your TOS include the General Terms of Service set forth herein, and the attached Schedule 1. If you purchase a PROPER ACCESS bundled service (home office or home security), your TOS include the General Terms of Service set forth herein and the attached Schedule 2. If you purchase a NO WORRIES SUPPORT PLAN, your TOS include the General Terms of Service set forth herein and the attached Schedule 4. Your TOS also include the Acceptance Form for Terms of Service for Purchase and Use of PROPER ACCESS Solution and/or PROPER ACCESS Bundled Service (home office or home security) provided to you when Services are installed. Your TOS will continue to apply to your Services when they are transferred from one location to another.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to PROPER ACCESS.

PROPER ACCESS will comply with all applicable federal, state and local laws, to the extent that such laws apply to PROPER ACCESS and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.

Legal Authority.

You must be at least 18 years of age to purchase the Services as an individual or to accept these TOS as an authorized representative for the person or entity who purchases the Services. By accepting these TOS, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed for your use. You are responsible for ensuring that all use of the Services complies with these TOS.

By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the PROPER ACCESS website, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling PROPER ACCESS at 216.678.9060.

Updates.

These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: https://www.ProperAccess.com/legal PROPER ACCESS makes a change to these TOS and that change has a material impact on the Services, you will be provided notice of that change, and such notice will be provided consistent with Notice provisions of this TOS. Your continued use of the Services following such notice constitutes your acceptance of those changes.

Special Arrangements.

Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, these TOS shall apply to the Services, except that PROPER ACCESS may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains PROPER ACCESS-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside these TOS and PROPER ACCESS is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you will continue receiving Service under standard billing terms and these TOS unless you notify PROPER ACCESS.

2. ACCEPTABLE USE AND PRIVACY POLICIES

Use of the Services is subject to the PROPER ACCESS Acceptable Use Policy (available at https://www.ProperAccess.com/legal ), which is incorporated herein by reference. Once you have purchased the Services you will have an account with PROPER ACCESS ("PROPER ACCESS Account"). Your PROPER ACCESS Account will include information applicable to the Services including but not limited to billing information and charges related to the Services (whether recurring or one-time). The PROPER ACCESS Privacy Policy, which is incorporated herein by reference and is available online at https://www.properaccess.com/legal , addresses PROPER ACCESS's use of account information and other information specific to your use of PROPER ACCESS Services.

PROPER ACCESS Services are provided for you or your business as a sole entity. You agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services. Further, you agree that the PROPER ACCESS Bundled Service (home office or home security) service may not be rebroadcast, nor performed, nor may admission be charged for listening to or viewing PROPER ACCESS Bundled Service (home office or home security) service.

3. INSTALLATION/SERVICE

You will be responsible for payment of service charges for visits by PROPER ACCESS or its subcontractors to your premises when a service request results from causes not attributable to PROPER ACCESS or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by PROPER ACCESS. You will provide PROPER ACCESS and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that PROPER ACCESS may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow PROPER ACCESS and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations PROPER ACCESS deems appropriate for the work to be performed.

You acknowledge that PROPER ACCESS may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give PROPER ACCESS permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this TOS, you agree to indemnify PROPER ACCESS from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

4. FEES AND CHARGES

Agreement to Pay.

You agree to pay all fees and charges for the Services associated with your PROPER ACCESS Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. For a list of additional charges and fees that could apply to the Service, please see Schedule 3 (Fee Schedule), which is incorporated by reference. In order to provide you with the Services, PROPER ACCESS may pay taxes, fees, and surcharges to municipalities and other governmental entities, which PROPER ACCESS may pass on to you.

Late Payment Charge and Dishonored Check or Other Instrument Fee.

You agree that for each bill not paid in full by the payment due date, a late payment charge of 1.9% will be assessed, and if your Service is suspended for non-payment, we may charge you a Restoral Fee to resume Service. You will be charged a fee of up to $50 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason. Unpaid Past Due Charges and Consent to Contact.

In the event you fail to pay PROPER ACCESS or PROPER ACCESS is unable to bill charges to your credit card, PROPER ACCESS may assign unpaid late balances to a collections agency. You expressly authorize, and specifically consent to allowing, PROPER ACCESS and/or its outside collection agencies, outside counsel, or any other agents acting by or on behalf of PROPER ACCESS to contact you with informational messages regarding your account, including but not limited to contact in connection with any and all matters relating to unpaid past due charges billed by PROPER ACCESS to you. You agree that such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to PROPER ACCESS and to any and all telephone numbers billed on your account. You expressly consent and agree that such contact may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, text messages delivered by an automated system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. You agree to provide true, accurate, current and complete contact information to PROPER ACCESS and its authorized agents and to promptly update your contact information to keep it true, accurate and complete.

Changes to Fees and Charges.

If you signed up for Services for a specified term, you agree that if you cancel your plan before the end of the term, you will pay any applicable Early Termination Fee. At the conclusion of your term, PROPER ACCESS will automatically begin charging the applicable month-to-month fee. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. PROPER ACCESS may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.

Data Usage.

Use of certain services, including but not limited to Home wifi upgrade (MESH or FLAGSHIP), PROPER ACCESS Bundled Service (home office or home security) features and apps, PROPER ACCESS website, internet of things devices, home automation and medical alarm systems, will use data from your bandwidth provider. Proper Access does not provide bandwidth services and you will need to purchase and maintain your own high-speed bandwidth service with another provider. You are giving PROPER ACCESS permission to connect to your bandwidth service which may include modifications of settings within an internet service provider’s modem or routing equipment.

5. BILLING AND PAYMENTS

Credit Card Authorization.

You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize PROPER ACCESS to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize PROPER ACCESS and/or any other company who bills products or services, or acts as billing agent for PROPER ACCESS to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.

You agree to provide PROPER ACCESS with updated credit card information upon PROPER ACCESS's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this TOS, you acknowledge and agree that neither PROPER ACCESS nor any PROPER ACCESS affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at PROPER ACCESS's option, to the account number provided for such automatic payment or electronic funds transfer plan.

Advance Payments, Deposits, Fees and Limits.

We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Upon determination solely by PROPER ACCESS of satisfactory payment history or as required by law, PROPER ACCESS may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by PROPER ACCESS. Based on your creditworthiness, a non-refundable fee may be required to establish service and we may require you to enroll, and remain enrolled, in an automatic payment or electronic funds transfer plan. We may establish additional limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due.

Payment Cycle and Cancellation.

Billing for the Services commences when PROPER ACCESS has provisioned the Services. Recurring charges for each month's Services will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.

Method of Billing/Payment.

Fees and charges for the Services will be billed to your PROPER ACCESS Account. You will receive an online or email copy of your bill for the Service. Your purchase of a PROPER ACCESS solution constitutes a registration for a personal PROPER ACCESS Account. You must provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal PROPER ACCESS My Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying PROPER ACCESS if your password is lost or stolen. PROPER ACCESS is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify PROPER ACCESS immediately if your contact information changes.

Bill Inquiries and Refunds.

If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service through the stated means on the support page of our website at: https://www.ProperAccess.com/support . PROPER ACCESS will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes, fees and surcharges that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any tax, fee, or surcharge previously paid by the customer.

Refunds.

You authorize PROPER ACCESS to use outside payment processing agencies or other companies for purposes of paying any refund owed to you, and you further authorize PROPER ACCESS to sell, assign or otherwise transfer its refund rights and obligations under this Agreement to outside payment processing agencies or other companies. You agree that we or the outside payment processing agency or other company that is responsible for your refund may determine in our or, if applicable, their sole and absolute discretion the form of any refund that we issue to you under this Agreement, and such form may include a credit on your next statement, a check, or a prepaid debit card that may be subject to monthly service fees not to exceed $5.95 per month and that are deducted from the amount of the refund.

Promotions and Contingent Benefits.

You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the PROPER ACCESS website, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change your Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.

6. EQUIPMENT

Equipment provided by PROPER ACCESS may be new or fully inspected and tested. Any equipment or software that was not provided to you by PROPER ACCESS, including batteries, is not the responsibility of PROPER ACCESS, and PROPER ACCESS will not provide support, or be responsible for ongoing maintenance of such equipment. Depending on your service address, your Services will include one of the following Equipment configurations:

Our ‘Home WiFi Upgrade’ includes an advanced security gateway, a smart switch, wifi access points, cabling, power conditioning equipment, termination connections, and securing straps all located inside your premises, and certain service-specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (these devices and service-specific equipment herein collectively referred to as "Equipment"). If you do not purchase the Equipment from PROPER ACCESS, you agree to pay a monthly equipment fee for the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Equipment fees may be included in your monthly charge for the Services or be charged separately (different taxes and surcharges may apply to the equipment fees, Service fees, and/or the equipment fee portion of the Service fees). Equipment fee/purchase options depend on the PROPER ACCESS Services you order and installation options you choose. The Equipment requires electrical power from your premises to operate, which you are responsible for providing.

Battery Backup for PROPER ACCESS Solutions and Services.

PROPER ACCESS will provide battery backup and power conditioning equipment necessary to protect the performance of your PROPER ACCESS equipment. All subsequent battery backups are the responsibility of the customer at the premises. For more information see Schedule 1, section IV, for more information on Power Outages and Battery Backup.

PROPER ACCESS reserves the right to manage the PROPER ACCESS Equipment during the time you are an PROPER ACCESS customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. PROPER ACCESS will repair or replace damaged Equipment as PROPER ACCESS deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with the TOS as determined by PROPER ACCESS, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended use, and not for any other purpose. You agree to use appropriate and reasonable care in using any and all Equipment.

PROPER ACCESS will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment, including the battery backup equipment used by PROPER ACCESS customers. This is true unless you own a No Worries Support plan.

Return of Equipment.

If you purchased your PROPER ACCESS solution initially, then you are the owner of any equipment provided to you upon installation. If you were renting, leasing, or on some form of payment to own, then upon termination of the Services for whatever reason, you must return the Equipment, undamaged, within 29 calendar days to PROPER ACCESS. If the Equipment is not returned within 29 calendar days, or is returned damaged, you will be charged for the value of the Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period. If the Equipment is returned within 60 days of termination, any fees charged for the Equipment will be refunded (other than fees for damages). No refunds will be made for any Equipment returned more than 60 days after termination.

In addition to termination of service, these return of equipment provisions apply if your existing equipment is replaced or upgraded for any reason.

7. INDEMNITY

You agree to indemnify and hold PROPER ACCESS and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding, including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees (except as provided in paragraph 11(e) below), made by any party against PROPER ACCESS, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.

8. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE

Service may be temporarily interrupted or otherwise limited for a variety of reasons; some beyond the control of PROPER ACCESS. PROPER ACCESS reserves the right to refuse credit allowances for interruptions of Service. PROPER ACCESS also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that PROPER ACCESS may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Schedule 1 and Schedule 2.

IP Network Interruptions. You acknowledge and understand that the Services will not function in the event of an IP network interruption.

9. ACCOUNT SECURITY

Customer Duty.

You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your PROPER ACCESS Account, password, user ID, or IP address. You agree to: (a) immediately notify PROPER ACCESS if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your PROPER ACCESS Account, password, user ID, or any credit or charge card number provided to PROPER ACCESS by utilizing the support page on our website; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.

Account Access.

You authorize PROPER ACCESS to provide information about and to make changes to your PROPER ACCESS Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you. This includes periodic, unannounced maintenance to your PROPER ACCESS equipment and services via cloud access technology. Assumption of Risk.

There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.

Theft of PROPER ACCESS Equipment or Service.

You agree to notify PROPER ACCESS immediately, via the support page on our website or by calling 1.216.678.9060, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your PROPER ACCESS Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your PROPER ACCESS Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, PROPER ACCESS may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to PROPER ACCESS of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by PROPER ACCESS, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.

10. SUSPENSION AND TERMINATION

Reduction/Suspension/Termination by PROPER ACCESS.

Your Services may be reduced, suspended or terminated if your payment is past due. PROPER ACCESS may also reduce, suspend or terminate your Services if it is determined that there is previously unpaid, undisputed and outstanding debt for any service. Such reduction, suspension or termination may continue until satisfactory arrangements have been made for the payment of all past unpaid charges. When your Service is suspended for non-payment, billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by PROPER ACCESS. If PROPER ACCESS reduces or suspends your Service for non-payment, you must pay all past due amounts in order to resume Service. In addition, to resume Service you must also pay an administrative recovery fee of $69. This Fee will be assessed on the next monthly bill you receive following the resumption of Service. In addition, PROPER ACCESS may immediately terminate all or a portion of your Service or reduce or suspend Service, without notice, for conduct that PROPER ACCESS believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without applicable policies or guidelines (including the Acceptable Use Policy), and PROPER ACCESS may refer such use to law enforcement authorities without notice to you. Termination of suspension or reduction by PROPER ACCESS of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.

Contacts to Terminate Service.

You may terminate the Services at any time by contacting the Proper Access support team. You must pay service fees and other charges incurred through the termination date, including any early termination fees that apply. If you rent your Equipment, you may also be charged the value of any Equipment that is not returned in accordance with Section 6.

11. DISPUTE RESOLUTION WITH PROPER ACCESS BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting the PROPER ACCESS support team. In the unlikely event that PROPER ACCESS's support team is unable to resolve a complaint you may have to your satisfaction (or if PROPER ACCESS has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any nonfrivolous claim that does not exceed $75,000, PROPER ACCESS will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from PROPER ACCESS to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), PROPER ACCESS will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what PROPER ACCESS has offered you to settle the dispute.

Arbitration Agreement:

PROPER ACCESS and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to "PROPER ACCESS", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PROPER ACCESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to PROPER ACCESS should be addressed to: Proper Access C/O Dispute Resolution, 1135 W Western Reserve Rd STE D PMB 109, Youngstown OH 44514 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). If PROPER ACCESS and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or PROPER ACCESS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PROPER ACCESS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PROPER ACCESS is entitled.

After PROPER ACCESS receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $25,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, PROPER ACCESS will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless PROPER ACCESS and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $5,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, PROPER ACCESS will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse PROPER ACCESS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $25,000 in damages, the payment of these fees will be governed by the AAA rules.

If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of PROPER ACCESS's last written settlement offer made before an arbitrator was selected, then PROPER ACCESS will: pay you the amount of the award or $5,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If PROPER ACCESS did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

The right to attorneys' fees and expenses discussed in paragraph (d) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws PROPER ACCESS may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, PROPER ACCESS agrees that it will not seek such an award.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PROPER ACCESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PROPER ACCESS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if PROPER ACCESS makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

12. SOFTWARE

The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.

End User License Agreement.

If you downloaded or installed Software, your use of that Software is subject to the End User License Agreement that accompanied that Software. With regard to any Software (including Software upgrades, changes, or supplements) which is not accompanied by an End User License Agreement, PROPER ACCESS, or its applicable third party licensors, grants you a limited, personal, nontransferable, and nonexclusive right and license to use the object code of its Software on the Equipment; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that PROPER ACCESS or its third-party licensors, providers, or suppliers continue to own all right, title, and interest to the Software and related documentation. The Software is protected by the copyright laws of the United States and international copyright treaties.

Export Limits.

You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

Restricted Rights.

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 and in similar clauses in the NASA FAR Supplement.

Non-PROPER ACCESS Software, Services or Applications.

Your use of the Services may also include access to and use of software, services and/or applications which interact with the Services and which are provided by non-PROPER ACCESS third parties, and, when applicable, those third-parties terms and conditions apply to your access to and use of such non-PROPER ACCESS software, services and/or applications. PROPER ACCESS is not liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any such software, services, and/or applications accessed through, or in conjunction with, the Service.

NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. PROPER ACCESS, or its applicable third-party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that PROPER ACCESS, or the applicable third-party licensor, have the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.

13. HACKING OF EQUIPMENT

PROPER ACCESS solutions are hack-proof as per the terms and conditions provided herein.

Hack-proof guarantee:

A hack, hacking, or hacker is any individual, company, computer, software, algorithm or mathematical, code-based logic that maliciously through unwanted, undocumented, unauthorized, or secretive means gains access, control, or administrative rights to data, circuitry, code, or information for nefarious purposes. Because of employed advanced cybersecurity algorithms, all PROPER ACCESS WiFi solutions are said to be hack-proof. While no computer controlled system can be 100% secure due to the nature of advancing technology (we’ll know more tomorrow than we do today) and how computer systems interoperate (loopholes and vulnerabilities are discovered when different systems interoperate), your PROPER ACCESS system will remain secure under the conditions set forth herein. This guarantee only covers unauthorized access from outside sources attempting to gain control of your internal, private computer network. It does not cover, in any form, express or implied, unauthorized access from internal sources such as an internet enabled device that has malware, spyware, or nefarious code that is allowed to connect to your public or private PROPER ACCESS network through means that you provide knowingly or unknowingly. An example of this might be if you, or someone who frequently or infrequently is allowed private or public access to your PROPER ACCESS built network, has malicious software installed on their internet enabled device from another network, or public wifi hotspot. If that same device then accesses your PROPER ACCESS system through any means and creates a security vulnerability that subsequently ends in a hack, this is not covered by the terms of this guarantee. If your PROPER ACCESS system becomes compromised through unauthorized access from outside sources that gain control of your internal, private computer network, PROPER ACCESS will, at its sole discretion compensate you for damages not to exceed $5,000 US dollars. In addition, PROPER ACCESS will provide you with up to one year coverage against identity theft from a provider of our choosing. This guarantee does not include protection against military technology or authorized government access under tax payer approved legislation. Also, you must do everything within your power as an end user to protect yourself using available and commonly understood security techniques on your internet enabled devices including, but not limited to, using antivirus, antimalware, and/or antispyware programs, as well as updating software and firmware.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPER ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

PROPER ACCESS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM PROPER ACCESS OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPER ACCESS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW, PROPER ACCESS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS, BUSINESS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PROPER ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN PROPER ACCESS INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES AND/OR (e) BATTERY BACKUP.

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROPER ACCESS IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING THREE MONTH PERIOD.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

17. NOTICE

Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, posting online at https://www.ProperAccess.com/legal , recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase PROPER ACCESS Bundled Service (home office or home security) service, PROPER ACCESS may also provide notices of changes to these TOS or other matters by displaying notices on PROPER ACCESS Bundled Service (home office or home security). It is your responsibility to check for such notices.

Unless otherwise specified in these TOS or required by applicable law, notices by you to PROPER ACCESS must be given by using the support tab on our website and such notices are effective as of the date that our records show we received your notice.

18. INTELLECTUAL PROPERTY

All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related website(s) are the property of PROPER ACCESS or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of PROPER ACCESS or third-party providers are and shall remain the exclusive property of PROPER ACCESS or third-party providers, and nothing in this Agreement shall grant you the right or license to use such Marks.

19. CREDIT REPORTING AUTHORIZATION

As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize PROPER ACCESS to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with PROPER ACCESS's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, PROPER ACCESS may report your failure to a credit reporting agency.

20. ASSIGNMENT

PROPER ACCESS may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of PROPER ACCESS.

21. MISCELLANEOUS PROVISIONS

PROPER ACCESS may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of PROPER ACCESS.

These TOS do not provide any third party with a remedy, claim, or right of reimbursement.

These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the PROPER ACCESS website constitute the entire agreement between PROPER ACCESS and you and supersede any prior agreements between you or PROPER ACCESS with respect to the subject matter of these TOS.

These TOS and the relationship between you and PROPER ACCESS will be governed by the law of the state of your billing address except to the extent such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.

The failure of PROPER ACCESS to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.

If any provision of these TOS is found by a court or agency of competent jurisdiction to be unenforceable, the parties nevertheless agree that the remaining provisions of these TOS shall remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that provision is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

To the fullest extent permitted by law, you and PROPER ACCESS agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.

SCHEDULE 1

PROPER ACCESS BUNDLED SERVICES

I. Service Description

PROPER ACCESS Bundled services (home office and home security) is an enhanced voice communication and/or security imaging service that converts voice and/or video communications into Internet Protocol (IP) packets that are carried over PROPER ACCESS's IP network. The Service includes direct-dialed calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, all of which PROPER ACCESS, in its sole discretion, may add, modify, or delete from time to time. The Service also includes a telephone number or numbers that will be included in printed directories and/or directory assistance databases, and options, available at additional costs, to have numbers withheld from printed directories and/or directory assistance databases. It is not mobile or nomadic and will function only on your PROPER ACCESS network.

When you accept these TOS, you become the main account holder for each telephone number assigned to the PROPER ACCESS Solution and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. These TOS apply to all such telephone numbers, and to the Service and the plans, features, and functionalities associated with the Service.

II. Billing And Payments

For PROPER ACCESS Solution, nonrecurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, international calling (including surcharges for international termination to a wireless phone number), Operator Services, Directory Assistance (411 or xxx.555.1212), call trace, and overage minutes associated with defined minutes-of-use plans. Partial minutes are rounded up for per-minute usage charges.

III. Service-Specific Equipment

PROPER ACCESS Solution requires a PROPER ACCESS supplied and provisioned IP phone and/or IP cameras.

You agree that neither you nor a third party will move Equipment used for PROPER ACCESS Solution within your premises or to any other physical location outside of the premises where it was installed by PROPER ACCESS. PROPER ACCESS Solution is not designed to be nomadic and will not function properly if the equipment is moved or altered by a non-PROPER ACCESS employee. If you require the equipment to be moved, you must contact PROPER ACCESS. Failure to do so may result in a failure of the Service and/or in PROPER ACCESS's termination of your Service.

IV. Interruptions, Limitations, And Modifications To Service

Since voice over IP is dependent on the interworking of many networks, the availability of an adequate power source, and correct Equipment configuration, PROPER ACCESS does not guarantee that PROPER ACCESS Solution will be continuous or error-free. You acknowledge and understand that PROPER ACCESS cannot guarantee that voice over IP communication is completely secure once the IP packets leave the PROPER ACCESS network equipment.

You also acknowledge that PROPER ACCESS may establish general practices and limits concerning use of the PROPER ACCESS Solution, including without limiting other limitations set forth in these TOS or otherwise, PROPER ACCESS Solution cannot be used to make operator-assisted collect or third-party billing calls (Note: a PROPER ACCESS bundled solution customer can make a Collect call through a third party Collect Call company that separately handles and bills for the Collect call), nor can PROPER ACCESS Solution be used to make 900/976 calls; area code 500, 700, and 710 calls; 10-10-XXX dial-around calls; or international operator or directory assistance calls. Also, the ability to call certain N11 services (211, 311, 511) may not be available.

PROPER ACCESS also limits the maximum number of days that messages and/or recorded video content will be retained; the maximum number messages and/or recorded video content that will be retained by the Service; the maximum size of any message and/or recorded video content; and the maximum disk space that will be allotted on PROPER ACCESS's servers on your behalf. You agree that PROPER ACCESS will have no responsibility or liability for the deletion, for failure to store or to deliver any messages and/or recorded video content or other communications, for the modification or malformation of communications over the PROPER ACCESS Solution, or for other content maintained or transmitted by PROPER ACCESS Solution. You acknowledge that PROPER ACCESS reserves the right to log off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that PROPER ACCESS reserves the right to change these general practices and limits at any time without advance notice.

Power Outages and No Battery Backup.

YOU ACKNOWLEDGE AND UNDERSTAND THAT PROPER ACCESS BUNDLED SOLUTIONS REQUIRES ELECTRICAL POWER TO FUNCTION. PROPER ACCESS DOES PROVIDE BATTERY BACK UP FOR YOUR SERVICE BUT DOES NOT PLACE A SERVICE LEVEL GUARANTEE ON BACKUP EQUIPMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT IT WILL TAKE TIME TO CHARGE AN INITIAL BATTERY BACKUP AFTER PROPER ACCESS IS INSTALLED AND/OR AFTER A REPLACEMENT BATTERY IS INSTALLED. YOU ACKNOWLEDGE AND UNDERSTAND THAT TO CONSERVE BATTERY POWER DURING A POWER OUTAGE, YOU SHOULD NOT ATTEMPT TO USE THE BATTERY BACKUP FOR ANY PURPOSE OTHER THAN TO POWER YOUR PROPER ACCESS SOLUTION (OR TO POWER YOUR INTERNET CONNECTION, FOR THE PURPOSE OF POWERING YOUR PREMISES ALARM, IF YOU HAVE AN IP-BASED PREMISES ALARM THAT USES INTERNET).

V. PROPER ACCESS Phone 911 Limitations

YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER PROPER ACCESS SOLUTION AND THE DISTINCTIONS BETWEEN 911 SERVICE OVER PROPER ACCESS SOLUTION AND 911 SERVICE OVER TRADITIONAL WIRELINE TELESOLUTION. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER PROPER ACCESS SOLUTION OF THE 911 LIMITATIONS DESCRIBED BELOW.

PROPER ACCESS MAKES NO WARRANTY THAT PROPER ACCESS SOLUTION FOR ACCESS TO 911 WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR BATTERY BACKUP POWER WILL BE SUFFICIENT TO MAINTAIN THE SERVICE THROUGHOUT ANY AND/OR ALL POWER OUTAGES.

911 SERVICE OVER PROPER ACCESS SOLUTION IS NOT AVAILABLE AT YOUR SERVICE ADDRESS.

911 SERVICE OVER PROPER ACCESS SOLUTION WILL NOT FUNCTION IF YOUR NETWORK FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR PROPER ACCESS SOLUTION IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE (UNLESS YOU HAVE WORKING BATTERY BACKUP POWER), NETWORK OUTAGE, BROADBAND CONNECTION FAILURE, OR DISCONNECTION OF YOUR SERVICE BECAUSE OF BILLING ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICES, INCLUDING USE FOR 911 CALLING. YOU ACKNOWLEDGE THAT PROPER ACCESS STRONGLY RECOMMENDS YOU MAINTAIN AT ALL TIMES AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES, SUCH AS VIA CELLULAR TELESOLUTION.

YOU ACKNOWLEDGE AND UNDERSTAND THAT PROPER ACCESS WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR PROPER ACCESS SOLUTION OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT AND/OR THE CHARACTERISTICS, LIMITATIONS, AND/OR FAILURE OF THE 911 NETWORK ITSELF.

WITHOUT LIMITING ANY PROVISIONS OF THE TOS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PROPER ACCESS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE PROPER ACCESS SOLUTION, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), LIABILITIES, DAMAGES, FINES, PENALTIES, DEMANDS, ACTIONS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE PROPER ACCESS SOLUTION, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO 911 DIALING, ARISING FROM OR IN CONNECTION WITH ANY FAILURE OR OUTAGE OF PROPER ACCESS SOLUTION OR ANY FAILURE OR OUTAGE OF THE 911 NETWORK ITSELF.

VI. Home Alarm and Other Device Compatibility

PROPER ACCESS MAKES NO WARRANTY THAT (i) PROPER ACCESS SOLUTION USED AS A COMMUNICATIONS PATHWAY FOR MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR OR ALL MONITORED BURGLAR ALARM(S), MONITORED FIRE ALARM(S), OR MEDICAL MONITORING SYSTEM(S) OR DEVICE(S), OR (iii) ANY BATTERY BACKUP POWER EQUIPMENT YOU MAY PURCHASE WILL BE SUFFICIENT TO MAINTAIN YOUR PROPER ACCESS SOLUTION THROUGHOUT ANY AND/OR ALL POWER OUTAGES. SEE MANUFACTURER INFORMATION FOR BATTERY LIFE DURING A POWER OUTAGE. YOU ARE RESPONSIBLE FOR PURCHASING AND MAINTAINING ANY DESIRED BATTERY BACKUP EQUIPMENT FOR EXTERNAL DEVICES.

Potential Incompatibility with Monitored Fire Burglar Alarm, Monitored Fire Alarm, and Medical Monitoring Systems, and Other Devices.

MONITORED FIRE ALARM AND BURGLAR ALARM SYSTEMS AND MEDICAL MONITORING DEVICES MAY NOT BE COMPATIBLE WITH PROPER ACCESS SOLUTION. IF YOU HAVE OR PURCHASE A MONITORED FIRE ALARM OR BURGLAR ALARM SYSTEM OR A MEDICAL MONITORING DEVICE THAT YOU INTEND TO USE WITH PROPER ACCESS SOLUTION AS THE COMMUNICATIONS PATHWAY, YOU AGREE TO CONTACT YOUR PROVIDER FOR THOSE SYSTEMS/DEVICES TO DETERMINE COMPATIBILITY WITH PROPER ACCESS SOLUTION AND TO ARRANGE FOR YOUR PROVIDER TO TEST SUCH SYSTEMS/DEVICES AFTER INSTALLATION OF PROPER ACCESS SOLUTION. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT EVEN IF SUCH SYSTEMS AND DEVICES ARE COMPATIBLE WITH PROPER ACCESS SOLUTION, THEY WILL NOT BE ABLE TO COMMUNICATE WITH MONITORING STATIONS DURING A POWER OUTAGE UNLESS YOU MAINTAIN BATTERY BACKUP POWER FOR ANY SYSTEM AS DESCRIBED IN THIS TOS. IF YOU PURCHASE A MONITORED BURGLAR ALARM OR MONITORED FIRE ALARM SYSTEM AFTER PROPER ACCESS SOLUTION HAS BEEN INSTALLED, YOU ALSO AGREE TO CALL PROPER ACCESS PRIOR TO INSTALLATION OF ANY SUCH SYSTEM. SUBSEQUENT INSTALLATION OF THESE SYSTEMS MAY REQUIRE RE-WIRING OF PROPER ACCESS SOLUTION, WHICH MAY ALSO RESULT IN TIME AND MATERIAL CHARGES. (PROPER ACCESS DOES NOT PROVIDE SUPPORT FOR, OR RE-WIRING OF PROPER ACCESS BUNDLED SERVICES IN SUPPORT OF, MEDICAL MONITORING SYSTEMS OR DEVICES).

ONCE PROPER ACCESS SOLUTION HAS BEEN INSTALLED FOR USE WITH A MONITORED FIRE ALARM OR MONITORED BURGLAR ALARM SYSTEM, YOU AGREE THAT YOU WILL NOT CHANGE OR MODIFY THE INSIDE WIRING OF YOUR HOME OR MOVE OR RECONFIGURE YOUR SYSTEM IN ANY WAY WITHOUT CONTACTING PROPER ACCESS AND YOUR ALARM SERVICE PROVIDER. YOU ACKNOWLEDGE AND UNDERSTAND THAT IF YOU CHANGE OR MODIFY YOUR INSIDE WIRING, MOVE OR RECONFIGURE YOUR NETWORK IN ANY WAY, OR PLUG ANY EQUIPMENT INTO ANY PORT OF THE SYSTEM IT COULD RESULT IN A FAILURE OF YOUR MONITORED BURGLAR ALARM OR MONITORED FIRE ALARM SYSTEM.

BY ACCEPTING THESE TOS, YOU USE PROPER ACCESS SOLUTION AT YOUR OWN RISK AND WAIVE ANY CLAIM AGAINST PROPER ACCESS FOR INTERFERENCE WITH OR DISRUPTION OF A MONITORED FIRE ALARM OR BURGLAR ALARM SYSTEM, A MEDICAL MONITORING DEVICE, OR OTHER SUCH SYSTEMS OR DEVICES DUE TO THE PROPER ACCESS SOLUTION.

VII. Local Number Portability

In the event you are transferring an existing phone number for your PROPER ACCESS Solution (i.e., porting a number to PROPER ACCESS Solution), you hereby authorize PROPER ACCESS to process your order for PROPER ACCESS Phone and to notify your existing provider of your decision to switch your local, local toll, and long distance services to PROPER ACCESS Solution, and you represent that you are authorized to take this action. Not all telephone numbers are eligible for porting to PROPER ACCESS Solution.

VIII. Voicemail

PROPER ACCESS Solution includes Voicemail, a full-featured voicemail service. If you access your Voicemail voice mailbox from outside your local calling area, you may incur applicable local toll or long distance charges.

Voicemail may include a Voicemail-to-Text (VMTT) feature that provides automated transcription of your voicemail. PROPER ACCESS is not responsible nor liable for: 1) errors in the conversion of or its inability to transcribe voicemail messages to text/email; 2) lost or misdirected messages; or 3) content that is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable. We do not filter, edit or control voice, text, or email messages, or guarantee the security of messages. We can interrupt, restrict or terminate VMTT without notice, if your use of VMTT adversely impacts PROPER ACCESS's network, for example that could occur from abnormal calling patterns or an unusually large number of repeated calls and messages; or if your use is otherwise abusive, fraudulent, or does not comply with the law.

You are solely responsible for and will comply with all applicable laws as to the content of any text messages or emails you receive from VMTT that you forward or include in a reply to any other person. You authorize PROPER ACCESS or a third party working on PROPER ACCESS's behalf to listen to, and transcribe all or part of a voicemail message and to convert such voicemail message into text/email, and to use voicemail messages and transcriptions to enhance, train and improve PROPER ACCESS's speech recognition and transcription services, software and equipment. You agree that the results of benchmarking VMTT against competing products or services is PROPER ACCESS confidential information requiring PROPER ACCESS written consent to disclose in accordance with the BSA or RSA as may be applicable to you. Additional charges may apply to receiving email on your wireless device from VMTT, as well as, replying to or forwarding VMTT messages via SMS (text) or email, depending on your plan. Transcription times cannot be guaranteed. You are responsible for providing a correct email address and updating the email address when changes to the email account are made.

IX. Prohibited Uses of PROPER ACCESS Solution

You agree that you will NOT use PROPER ACCESS Solution:

To engage in auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal network usage patterns. In addition, connection of your PROPER ACCESS Solution to a device which converts use of the Service to an outbound trunk line by more than one individual is prohibited. If PROPER ACCESS determines, in its sole discretion, that you are reselling or transferring PROPER ACCESS Solution or that you are using PROPER ACCESS Solution for any of the aforementioned activities, PROPER ACCESS reserves the right, without advance notice, immediately to terminate or modify the Service, or to change your call plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred. If you subscribe to a calling plan which includes unlimited calling of any type, unless otherwise specified by your specific plan in marketing materials associated herewith, consistent monthly use in excess of 5,000 aggregate minutes per month, taking into account all types of calling in your plan which are provided on an unlimited basis, shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above.

As an announcement service, particularly with regard to Voicemail, which is provided as an integral component of PROPER ACCESS Solution and is designed as a voicemail, not an announcement, service. Use of Voicemail service as an announcement service and/or other improper or excessive use may impair PROPER ACCESS's ability to provide reasonable service to other customers. PROPER ACCESS reserves the right to cancel your PROPER ACCESS Solution at any time, with or without notice, if as determined solely by PROPER ACCESS based on its network/service design and usage experience, your messaging service is (1) being used in an improper manner including, but not limited to, using it as an announcement service or for unlawful purposes, (2) consistently generating excessive usage, (3) affecting PROPER ACCESS's ability to provide reasonable service to other customers, or (4) being used to interfere with another's use of the voicemail system.

X. Suspension/Termination

Without limiting other rights set forth in these TOS, PROPER ACCESS may either terminate your PROPER ACCESS Solution or transfer your PROPER ACCESS Solution to a different telephone number without penalty, upon reasonable notice, if PROPER ACCESS stops providing PROPER ACCESS Solution either generally or in your area, if at any time 911 service over PROPER ACCESS Solution is not available, or for other reasons associated with the provisioning of 911 service to your premises. PROPER ACCESS also may terminate your order for Service if you do not activate the Service or if you do not formally acknowledge information about 911 service limitations in accordance with directives from PROPER ACCESS.

Service suspension may, and cancellation will, result in your loss of the number associated with the PROPER ACCESS Solution. Suspension (but not termination) of PROPER ACCESS Solution still allows (assuming working battery backup during power outage) for the following dialing privileges: outbound calling to 911, outbound calling to Operator Services (for emergency assistance only), and inbound calling (intended to maintain a call back path for emergency service providers). PROPER ACCESS has no responsibility for retaining or delivering messages that are located in any voice mailbox at the time of the suspension or termination, or that are addressed to any main account holder or subaccount holder thereafter.

SCHEDULE 2

PROPER ACCESS BUNDLED SERVICE (HOME OFFICE OR HOME SECURITY) SPECIFIC TERMS OF SERVICE

I. Service Description

PROPER ACCESS Bundled Service (home office or home security) includes content available via PROPER ACCESS Bundled Service (home office or home security), Equipment (see Section 6 of the General Terms of Service), Software (see Section 12 of the General Terms of Service), accessories, and tools (including a "remote access" tool which allows access to portions of your PROPER ACCESS Bundled Service (home office or home security) service from a website or other medium).

II. Billing And Payments

For PROPER ACCESS Bundled Service (home office or home security), nonrecurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, additional devices and equipment move. A downgrade fee may apply if you make changes to your Service within 30 days of Service provisioning or later programming orders.

III. Service-Specific Equipment

Equipment for PROPER ACCESS Bundled Service (home office or home security) service includes an PROPER ACCESS Bundled Service (home office or home security) Network Video Recorder ("NVR"), which is valued at $600 and included in the bundled service pricing, and, if applicable, a IP based Private Branch Exchange ("PBX") either hosted or premise based to provide connection to other major voice networks. You may request additional cameras, access, phones, and other extending equipment and limits on the number of available equipment for a household may apply. Additional equipment fees or other fees may apply to all PROPER ACCESS Bundled Service (home office or home security) equipment, including, but not limited to, the NVR and PBX. All equipment are subject to all applicable taxes, fees and surcharges.

IV. Interruptions, Limitations, And Modifications To Service

Some features may not be available in certain areas due to legal, regulatory, and contractual prohibitions, including restrictions of the Federal Communications Commission.

As permitted under applicable law, in addition to other rights provided for in this TOS, in the event a payment is past due, PROPER ACCESS may restrict your access to certain services and content.

V. Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPER ACCESS MAKES NO WARRANTY THAT THE SERVICE WILL ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR CONTENT.

VI. Intellectual Property

PROPER ACCESS Bundled Service (home office or home security) is provided for your personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the PROPER ACCESS Bundled Service (home office or home security) service will not be used to record and rebroadcast copyright protected content either through visual or audio medium. Your PROPER ACCESS Bundled Service (home office or home security) Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.

PROPER ACCESS 911 ACKNOWLEDGEMENT

911 Acknowledgement

There are significant differences between 911 service accessed by using PROPER ACCESS Solution (f/k/a PROPER ACCESS home office) and traditional wireline telephone 911 service. Your ability to reach 911 emergency services using PROPER ACCESS solution may be limited or unavailable under certain circumstances, including, but not limited to the following:

Electrical Power.

Historically, telesolution primarily has been powered by electrical power within the telephone network. By contrast, PROPER ACCESS Solution is provided through our network equipment and powered by electrical power in your home. PROPER ACCESS does provide a battery backup for your PROPER ACCESS Solution, but does not place a service level guarantee on this backup equipment. It is your responsibility to ensure you can access 911 services outside of the PROPER ACCESS system or network.

During a power outage, you will not be able to make or receive calls, including 911 calls, unless you have functioning battery backup equipment. To conserve battery power, DO NOT use any PROPER ACCESS services such as Network Video or connect other devices to our battery backup other than PROPER ACCESS Solution during a power outage. PROPER ACCESS recommends you use a cellular phone during a power outage. PROPER ACCESS also recommends that you always have an alternative means of accessing 911 during a power outage, and a terminal contingency plan should some unfavorable circumstances prevent access to any means.

Battery Locations.

Your backup battery or batteries may be in different locations, depending on your network configuration:

Home Office – You may have a switch or security gateway, which are small computer boxes typically located near the bulk of your PROPER ACCESS equipment. It will have a power supply unit with a backup battery tower or strip based system, typically located in your basement or home office.

Home Security – You may have a powered switch, which is a small to medium computer box typically located near the bulk of your PROPER ACCESS equipment. Wherever PROPER ACCESS's network terminates, is usually where the backup battery unit is contained. Broadband Network.

PROPER ACCESS TO THE INTERNET WILL DEPEND ON A BROADBAND (INTERNET PROTOCOL OR "IP") EXTERNAL NETWORK NOT PROVIDED BY PROPER ACCESS. IF YOUR BROADBAND NETWORK CONNECTION IS TERMINATED, DISRUPTED OR OTHERWISE IMPAIRED, YOUR PROPER ACCESS SOLUTION WILL STILL FUNCTION IN A LIMITED CAPACITY. HOWEVER, YOU MAY NOT BE ABLE TO ACCESS THE INTERNET AND YOU WILL NOT BE ABLE TO MAKE 911 CALLS WITH THIS SERVICE.

Additional Limitations.

Please note that any PROPER ACCESS Solution will work only in the location where it was installed. If you move any of your equipment to a different location, you will not be able to make any calls (including 911 calls), access the internet, or view stored recorded security video content.

I have read this 911 Acknowledgment and understand that there are critical differences and limitations between 911 service with PROPER ACCESS Phone compared to the 911 service provided by traditional wireline telesolution. I have been advised which of the battery locations above apply to my PROPER ACCESS Solution.

Schedule 3 – Fee Schedule

In addition to any amounts due for your Services and Equipment, the following fees may apply. PROPER ACCESS reserves the right to change these fees, increase or decrease these fees, or impose additional fees without notice. Additional fees may apply for non-standard installations or for equipment upgrades. If you have any questions, please contact us using the support tab on our website.

Bundled Service (home office or home security) Home Wifi Upgrade MESH OR FLAGSHIP When You Pay Late Payment Fee 1.9% 1.9% If you don't pay your bill by the due date NSF/Returned Check or declined payment Fee Up to $50 Up to $50 If you make a payment by check or other method that is declined. Paper Bill Fee $5 per bill $5 per bill If you request a paper bill. No Worries Support Early Termination Fee Up to $348 (pro-rated by number of months completed) Up to $348 (pro-rated by number of months completed) If you terminate your contract prior to completing your agreed upon term. 411/Directory Assistance $2.25/per use Charges for National Directory Assistance on the PROPER ACCESS voice calling network, including telephone numbers and addresses of business, government and residential listings throughout the United States. Ghost Account Charge $29 $29 Non-refundable one-time fee if we place your account in ghost status due to non-payment. Service Repair Dispatch $199 $199 If we have to dispatch a technician to repair your service outside of the No Worries Support Plan. If you refuse to help us troubleshoot your issue, an additional fee of $199 applies. Additional charges apply for new wiring, new jack or wall drop, new equipment or any adds, moves, or changes. Installation Fee Up to $199 for Bundled Service (home office or home security); up to $99 for PROPER ACCESS Phone Up to $199 for Bundled Service (home office or home security); up to $99 for PROPER ACCESS Phone If you have new service installed. Activation Fee $99 $99 One-time administrative charge that covers the tasks to set up your account and activate your service. Ghost Reversal Fee $99 per account $99 per account When you restore your service after it is placed in a ghost service state.

Transactional Fees

Pricing, fees and features are subject to change at any time without notice. Effective March 2017

Schedule 4 – No Worries Support Plan

NO WORRIES SUPPORT (“Support”) is a premium, ongoing support plan for WiFi systems and internet enabled devices and is billed by a monthly charge. Any customer has direct access to our support and technical teams under the terms of this agreement. As long as a customer pays for Support, the plan shall remain active and in effect. The plan never includes direct replacement of any internet enabled device not sold, installed, or provisioned by a PROPER ACCESS certified technician. If you have questions about whether an issue or device is covered under Support, please contact our support team via the support tab on our website. No service level guarantees are made herein. Any product, service, or support not covered under the terms of this agreement will incur a monetary charge.

What's covered under Support:

Your Proper Access solution - all parts + all labor + all support (virtual and on-site), for as long as you own your plan. All upgrades and servicing of your Proper Access solution for as long as you own your plan. Internet of Things (IoT) device support - all parts + all labor + all support (virtual and on-site), for any IoT device purchased from Proper Access, for as long as you own your plan. Internet enabled device support including anything you're trying to connect to your Proper Access solution - all virtual support. Any questions, help, troubleshooting, or virtual assistance you need with connectivity issues on any device that connects to your Proper Access solution. Including any Internet of Things device, printers, scanners, computers, phones, tablets, and voice enabled device even if you didn’t purchase it from us. Any sales support related question about what smart home or digital life device might be best for your situation (even if you don't buy it from us or have us install the device).

What's not covered under Support:

All parts + all labor + on-site support, for any IoT device NOT purchased from Proper Access (we do cover all virtual support on any IoT device for Proper Access solution owners). Any on-site connectivity support for devices that connect to your Proper Access solution (we do cover all virtual support for devices of Proper Access solution owners).

Acknowledgement of Responsibility:

The customer hereby acknowledges and agrees to the responsibility of a troubleshooting partnership (“Partnership”). This means that any PROPER ACCESS team member might need your help in determining the origination of the problem or issue your facing and may need your assistance so that an adequate solution can be enacted. Often, with a small amount of customer interactive help, a solution can be found quickly and permanently. A technician may not be dispatched if the Partnership is refused by the customer. PROPER ACCESS reserves the right to not dispatch a technician for any reason and may suspend, ghost, cancel Support at any time for any reason, but especially when this Partnership is refused. This Partnership includes, but is not limited to: talking on the phone, a chat window, or via email with a PROPER ACCESS Support team member, turning on and off equipment, looking at indicator lights or switches on equipment, opening a browser and navigating to IP addresses on any network, allowing appropriate access to facilities where work or tasks need to be done to correct a problem, describing in detail the issue at hand.

Negligence and Damage:

PROPER ACCESS IS NOT LIABLE TO COVER ANY CUSTOMER RELATED NEGLIGENCE OR DAMAGE. WE ALSO DON'T COVER: ACTS OF GOD, FLOOD, FIRE, THEFT, UNFORESEEN CIRCUMSTANCE, MURPHY'S LAW, MUNICIPALITY VIOLATION, OR ANY DAMAGES TO HEALTH, PROSPERITY, WELFARE, OR HAPPINESS THAT RESULT FROM OWNING ANY OF PROPER ACCESS SOLUTIONS, PRODUCTS, SERVICES, SUPPORT, OR INFORMATION.

Support Fee Schedule:

Regular rate: $69.00 per month. Discounted rate (if purchased with a Home Wifi Upgrade solution) $29.00 per month.

Effective March 1st, 2017