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Wireless Solutions for Home Internet & Mobile Devices

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Terms & Conditions

Customer and Elomental, (“Lessor”) enter into an agreement, (the “Agreement”) as follows:

1. Lessor shall make reasonable efforts to furnish to Customer the warranty, support and/or equipment
described in the elected “Package” which is incorporated herein by reference and made a part
hereof for all purposes. The phrases, “Commencement Date”, “Monthly Rate”, and “Warranty & Support Plans”, shall
have the meanings ascribed to them in the “Package”. Customer shall make reasonable efforts to
furnish Lessor with access and adequate space and location to install and maintain hardware support and/or
equipment referenced in this Agreement and Support Plan.

2. General Obligations:

Customer agrees to provide Lessor with accurate, complete and current information at the time
Customer executes this Agreement, including Customer’s legal name (or business name), address,
telephone number(s), e-mail address(s), and payment data at the time Customer subscribes to
Lessor’s Equipment Lease Agreement. After Customer’s execution of this Agreement and attached Package Plan
and Customer’s initial connection to the Internet, Customer agrees that prior to making any changes to
Customer’s Premises Equipment used to connect, Customer agrees to contact
Lessor and obtain Provider’s approval prior to Customer making any changes. Customer’s failure to
provide accurate information regarding Customer’s Premises Equipment changes will constitute a
breach of this Agreement and may result in Lessor terminating support to Customer. It may also result in the return or payment of the remainder of the lease agreement, specifically the hardware lease costs and not warranty and support yet to be rendered.

3. Service and Performance:

Lessor makes no claims to the performance of and service level of any services used in conjunction with our equipment. All mentioned speeds, on the site and printed materials, are only the typical speeds and ranges seen in most areas. We have no control over congestion, throttling practices, caps, or LTE plans the customer chooses to sign up with. We do not sale, recommend, nor can we be held liable for information we provide that may have changed or was inaccurate. All information provided is done so at the best and sincere effort to be factual and in compliance with any terms & conditions of any other parties and their services. If a customer is dissatisfied with the performance of a service provider they are allowed to make use of our return policy and with no further fees upon return of the equipment in good condition.

4. Lawful Use:

All use of Lessor’s equipment must be for lawful purposes and in accordance with the Equipment Lease Agreement for any network accessed. Lesse also agrees with any service provider’s terms and APU agreements that are unrelated to the Lessor. The Lessor is not bound or held responsible for any additional agreements the Lessee enters into. Customer shall neither use, nor permit use of Lessor’s equipment in violation of any applicable federal, state or local statute, law, ordinance, regulation, or rule, all of which are hereafter collectively referred to as “Governmental Rule”. Customer agrees that Lessor has the right to do electronic monitoring and disclose information where required to do so by any Governmental Rule, or to facilitate operation of the system or to safeguard itself or other customers. Should use of the Equipment by Customer or by a third party or parties accessing the Equipment through Customer, cause issues for the Lessor or its customers then we may terminate or restrict customer’s connectivity to the Internet, unless some specified action is taken, Lessor may suspend equipment access to the Customer or a time period specified by the Lessor, may temporarily suspend the Equipment, or some part thereof, limit or prevent use of the Equipment by a particular person, group or entity, and/or terminate this Agreement. No reduction in the Lease Fee will be made if the Service or a part thereof is suspended or if a particular person, group or entity is not permitted to use the Service as provided in the previous sentence. If Lessor elects to terminate the Service as permitted in this paragraph, Customer shall be responsible for the remainder of any unpaid install payments per contract. Customer is not responsible for the remainder of the lease, warranty or support payments that were not rendered, if the equipment is returned within 14 days or 10 business day.

4. Lawful Use:

All use of Lessor’s equipment must be for lawful purposes and in accordance with the Equipment Lease Agreement for any network accessed. Lesse also agrees with any service provider’s terms and APU agreements that are unrelated to the Lessor. The Lessor is not bound or held responsible for any additional agreements the Lessee enters into. Customer shall neither use, nor permit use of Lessor’s equipment in violation of any applicable federal, state or local statute, law, ordinance, regulation, or rule, all of which are hereafter collectively referred to as “Governmental Rule”. Customer agrees that Lessor has the right to do electronic monitoring and disclose information where required to do so by any Governmental Rule, or to facilitate operation of the system or to safeguard itself or other customers. Should use of the Equipment by Customer or by a third party or parties accessing the Equipment through Customer, cause issues for the Lessor or its customers then we may terminate or restrict customer’s connectivity to the Internet, unless some specified action is taken, Lessor may suspend equipment access to the Customer or a time period specified by the Lessor, may temporarily suspend the Equipment, or some part thereof, limit or prevent use of the Equipment by a particular person, group or entity, and/or terminate this Agreement. No reduction in the Lease Fee will be made if the Service or a part thereof is suspended or if a particular person, group or entity is not permitted to use the Service as provided in the previous sentence. If Lessor elects to terminate the Service as permitted in this paragraph, Customer shall be responsible for the remainder of any unpaid install payments per contract. Customer is not responsible for the remainder of the lease, warranty or support payments that were not rendered, if the equipment is returned within 14 days or 10 business day.

5. Notices:

Notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given if delivered personally, sent by messenger and receipted, sent by facsimile transmission or mailed by certified mail, return receipt requested, postage prepaid, and addressed to customers mailing address as listed in Elomental’s billing server.

FOR PROVIDER: Elomental, LLC.
PO Box 1486
Paris, TX 75473

Support: (989) 331-0008 support@elomental.com

A party may change the address or phone numbers set out above for purposes of notice under this contract by giving written notice to the other party or parties hereto of such change in the same manner as is provided above.

6. Default:

Default under this Agreement is a failure to comply with a material term or condition hereof. In the event of a default, the non-defaulting party may give the other party written notice specifying the default and the defaulting party shall have ten (10) days thereafter in which to cure same. If the default is by Customer, and not timely cured, Lessor may; (i), terminate agreement to Customer and retain all prepaid amounts, or (ii) interrupt the Equipment Lease Agreement until the default is cured with no refund of any prepaid amounts. In addition, Provider may also declare due and demand immediate payment of, any installments remaining unpaid, with interest thereon at the rate of (15%) per annum from the date of default in payment thereof until fully and finally paid, along with reasonable attorney’s fees, court costs or other expenses it may incur in enforcing this Agreement. If this Agreement is terminated by mutual agreement or, if Provider fails to cure a noticed default, Customer may terminate this Agreement and as its sole and exclusive remedy, shall receive a no portion of amounts paid in the first 30 days or beyond 30 days, any outstanding install payments will be expected to be paid within 30 days, regardless of returning the equipment. Outstanding installment payments will have warranty, support and lease amounts deducted from the remaining installment payment subscription total. Failure to declare any default immediately upon occurrence, or a delay in taking any action in connection therewith, shall not waive such default nor any legal right or privilege to take action at any time thereafter. Termination of lease by Lessor does not relieve Customer of existing debts.

7. Laws:

This agreement shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Lamar County, Texas. The parties agree that jurisdiction and venue for purpose of any and all lawsuits, causes of action, arbitration, or other disputes shall be in Lamar County, Texas.

8. Payment:

Payment is due on site and if applicable lease, warranty and support payments begin 7 days after install. Customer may only elect to pay by credit or debit card and payment is due on a recurring basis that begins 7 days after install. Accommodations to the first recurring payment may be made, shortening or lengthening the 7 day trail, so recurring payments fall on a time better suited for Customer. Should Customer fail to pay within such terms as set forth herein Lessor shall have the right to temporarily suspend equipment usage until such time as Customer account is brought within terms. Customer agrees to pay a $25 reinstatement charge for each occurrence in which Lessor has restored accessed after suspending equipment usage for non-payment. Customer agrees to pay a $25 per incident equipment charge for any credit card or other monetary instrument presented to Lessor for payment that fails to clear Customer financial institution. Customer agrees that Lessor may use all legal remedies available to report and collect obligations due Provider under this Agreement and Customer agrees to pay Provider all reasonable costs for such collection service such as, but not limited to: collection agencies, court costs and attorney fees.

9. Service Plans:

Customer recognizes that Elomental, LLC does not currently offer any wireless or LTE service plans. All billing and service related matters are directly related to the lease, warranty and support of the Lessor’s leased wireless equipment. All disputes, issues, billing or otherwise shall be taken to and resolved by the customer’s chosen service provider.

10. Equipment:

Equipment will remain the property of Lessor for the term of the contract agreed upon, typically 1 year. Customer will use reasonable care to avoid damaging the equipment and Customer will may move, relocate our equipment, but not alter, sell, lease, assign, encumber or otherwise tamper with any equipment owned by Lessor. In event any of the equipment is not returned in good condition immediately upon termination of Customer’s Equipment Lease Agreement, Customer will be charged, and Customer agrees to pay fair market value for replacement of any of the equipment or the remainder of their contract term, specific to the lease of the hardware.