1. ACCEPTANCE OF TERMS
Welcome! Thank you for choosing Babtel Service as your gateway to the Internet and enjoying the benefits of the Babtel Services. We know you’re eager to begin using Babtel, but before you do we encourage you to familiarize yourself with these Terms & Conditions. This material, including all information found in the registration process and referred to here below, is the agreement that will apply to your use of the Service. By enrolling in, using, or paying for the Service you confirm your agreement to these Terms & Conditions as well as your acceptance of the changes we make to the agreement. If at any time after you have read the Terms & Conditions and all of its components you do not agree to be bound by it, you should immediately exit registration, end your use of the Service, or cancel your account. Thank you again for relying on Babtel.
a. Account Activation: At Wireless service activation, you commit to be present at your Wireless premises in order to verify proper functioning of the service upon installation. At Wired and Wireless service activation you commit to having read and agreed to the minimum requirements and stated policies.
b. Refund of Recurring Fee: If you decide to stop your account we are responsible for refunding the prorate amount from the date you applied to stop the account till the end of the month, or applicable service period.
c. Babtel.Net Internet service consists of the following service packages:
1) Mail Pro Internet Services with 512/512 Download/Upload Max:
1 day for USD3.00 (1.3GB) or 1 week for USD9.00 (9.3GB) or 1 month USD30.00 (40GB)
2) Web Surfer Internet Services with 1Mbps/1Mbps Download/Upload Max:
1 day for USD5.00 (1.9GB) or 1 week for USD14.00 (13.5GB) or 1 month USD45.00 (60GB)
3) Pro Com Internet Services with 5Mbps/5Mbps Download/Upload Max:
1 day for USD6.00 (2.6GB) or 1 week for USD18.00 (18.6GB) or 1 month USD60.00 (80GB)
4) Pro Com Plus Internet Services with 20Mbps/20Mbps Download/Upload Max:
1 day for USD10.00 (3.2GB) or 1 week for USD29.00 (22.5GB) or 1 month USD98.00 (100GB)
5) Gamer Internet Services with 50Mbps/50Mbps Download/Upload Max:
1 day for USD15.00 (8.3GB) or 1 week for USD45.00 (58.3GB) or 1 month USD150.00 (250GB)
(Gamer Internet Services are not available at all locations)
6) Espresso Internet Services with 100Mbps/100Mbps Download/Upload Max:
1 day for USD18.00 (16.6GB) or 1 week for USD54.00 (116.6GB) or 1 month USD180.00 (500GB)
(Espresso Internet Services are not available at all locations)
7) Wireless Router Add-On:
At certain locations, a Meraki Z1 wireless router is available at a cost of USD5.00 per month.
Use of this device is billed monthly on an automatic basis.
You must visit your local Babtel office to signup for the device and to turn the device in when it is no longer required.
d. In order to maintain consistent data rates, each service package has a monthly data cap for fair policy and usage. Users who exceed the monthly transfer limit will have their traffic classified as Best Effort by the Bandwidth Management system, or will have to renew their account subscription to continue using the service.
e. Services defined above are in ‘Mbps’ or ‘M’ meaning Megabits per second; ‘Kbps’ or ‘K’ meaning Kilobits per second; data caps defineds ‘G’ or ‘Gb’ meaning Gigabits OR ‘GB’ meaning Gigabytes.
3. Babtel CUSTOMER CARE
a. Account Maintenance & Technical Support: If you are a subscriber and have any questions about your account or the use of the Service, you may contact our Support Department by VOIP at +1 866 610 5435, or by sending an Email to Support@babtel.net. Problem ‘start time’ is the time you report the problem to Babtel Support. Babtel may perform a sudden maintenance operation, if needed, to ensure best performance towards the Wireless users.
5. ELIGIBILITY FOR WIRELESS AND INFORMATION ON ACCOUNT PASSWORDS
a. Eligibility: To become a subscriber to the Babtel Wireless Service you have to be at least eighteen years old. You must register using your own name. A Qualification Check as per section (2c) will be performed on your computer to check eligibility for the service. The Eligibility tests performed will have a validity of 6 months.
b. Login name and E-mail address Security: You are solely responsible for all use of your accounts and for the security of your passwords and any security lock code that you use to protect access to your data, your file name(s) and files, network and user access, and any other information you disseminate through use of the Service or through other Internet Services. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account. You agree to (a) immediately notify Babtel of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. For security reasons, Babtel strongly recommends to its subscribers after activating their Babtel account to change the login.
6. CHARGES AND PAYMENT
a. Effective date of Service: The effective start date is the date when your Wireless Service has been activated.
b. Agreement to Pay: You agree to pay for all charges related to your account (including, additional download/upload fees beyond the standard download/upload bytes offered with the Service) at the prices and charges provided to you when you subscribed, which may change as set forth in section (6e) of this Agreement. Babtel shall have the right to terminate your account for failure to pay your charges in a timely manner. In the event where the account has been terminated, an additional current setup-fee will be required to be paid by you to re-activate the service. All payments shall be due in advance of receiving services.
c. Installation Charge: An installation at the time you subscribe in the Services, or when you request a transfer of the Services is applicable. In the event that Babtel installation team is ready to install at the subscriber’s premises and the subscriber is not present at the scheduled appointment, an additional visit fee will be applied for a second visit to complete the installation.
d. Payment Methods: The monthly payment is due at the beginning of each month. You authorize Babtel to charge any amounts payable by you in connection with your use of Babtel Wireless Service automatically as the method of payment agree that you provided in the registration process (including but not limited to, as applicable, any Extra Bytes usage Fees, Termination Fees, Installation Charges). All payments shall be made pursuant to the terms of the pricing and other information relating to the Service, which is available during the registration process and incorporated by reference in this Agreement
e. Price Changes. Babtel Reserves the right to change or amend the prices and charges for the services. Any increase in fees will be communicated to you either via email or via online posting on Babtel website http://www.isignup.us, and will take effect after one billing cycle has lapsed.
7. EQUIPMENT AND SOFTWARE
a. Required Equipment and Software: You understand and agree that Babtel Wireless Service requires you to have a personal computer that you own, or otherwise have a right to use in connection with Babtel Wireless Service. Your computer must meet the requirements necessary to operate Babtel Wireless Service based on criteria that Babtel specifies
b. Access to Your Premises: If you have elected to have us install your Equipment for Babtel Wireless Service, you authorize us and our employees, agents, contractors, and representatives to enter your premises (“Premises”) in order to install, maintain, inspect, repair, or remove the Equipment. All such services will be conducted at a time mutually agreed to, by you and us. By scheduling an installation appointment, you represent to us that you have the right to and do authorize us to enter the Premises. If you do not own the Premises, at our request you will provide us with the owner’s name and address, evidence that you are authorized to grant access to the Premises on the owner’s behalf, or (if needed) written consent from the owner of the Premises.
c. Speed of Service: The actual speed of the Services experienced by you may vary and depend on a number of factors, such as the location of your residence, the amount of traffic on the Internet, the ability of your computer to process data, environmental factors, and other factors beyond the control of Babtel. No minimum level of speed is guaranteed.
8. USE OF THE SERVICES
Multiple Users: You acknowledge that you are agreeing to the terms of this Agreement on behalf of anyone who uses any Services through your Babtel Wireless Account and are solely responsible and liable for any violations of this Agreement, whether by you or by any other user of the Services through this account. You have sole responsibility for ensuring that anyone who uses the Services through your Babtel Wireless account understands and complies with these terms.
9. OUR RIGHTS AND THE RIGHTS OF OTHERS
Babtel enables you to contribute to and gain from a wealth of materials, some owned by Babtel, others owned by third parties. In order to preserve everyone’s rights, you must: (1) print and download material from the Service for your own, non-commercial purposes only; (2) limit the number of copies you make of Service-related materials; (3) not alter any aspect of the Service; (4) comply with the terms and conditions of third parties who provide you with materials. Babtel Reserves the right to refuse service to anyone for any reason.
10. Abuse Policy
To maintain an informative and valuable service, Babtel has established an Abuse Policy. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of the terms in the Abuse Policy and such violation may also result in the termination or suspension of your account. These terms apply to all content provided to or through the Service, including e-mail messages, newsgroup postings, chat, and personal web pages. By signing to this Agreement you confirm that you have read, understood and agree to Babtel Abuse Policy which can be found and downloaded from Babtel website on the following link: http://www.isignup.us/priceandrefundpolicy
11. SUSPENSION OR CANCELLATION OF THE SERVICES.
Babtel Cancellation for Violation of the Agreement: We may immediately suspend, restrict, or cancel the Services and this Agreement, should you violate any of the terms of this Agreement. In addition to our cancellation rights, we may cancel the Services and this Agreement for any other reason by providing you with written notice (by e-mail or by Courier) of such cancellation prior to the date of cancellation. In such case any fees and charges will accrue through the date that Babtel fully processes the suspension, restriction, or cancellation. You must pay all outstanding charges for the suspended, cancelled, or restricted Services, including the payment of any charges that remain due after the date of suspension, restriction, or cancellation under this Section (11). Subject to Section 15 of this Agreement, you must reimburse us for any reasonable costs we incur, including attorneys’ fees, to collect charges owed to us.
You agree that we are not responsible for any third-party claims against us that arise from your use, or anyone else’s use, of the services. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorneys’ fees. This provision will continue to apply after the agreement ends.
13. LIMITATIONS OF LIABILITY.
You assume total responsibility and risk for your use of the service and of your account. Babtel or any third parties who contribute to the service are not liable for any loss, damage or cost (including consequential damages), or anyone else using your account, might incur due to your use or inability to use the service. For all claims, we and any third parties who contribute to the service will not be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to, lost profits or revenue, or increased costs of operation. These limitations apply even if the damages were foreseeable or we or any third parties who contribute to the service were told they were possible, and they apply to any negligence claim, no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, fraud, misrepresentation) it is based.
All Babtel Internet is subject to be disconnected at the request of the Command during a Blackout. Babtel is not responsible to credit the user for unavailability during any such Blackout.
15. GENERAL ORDER #1
Babtel Internet is subject to General Order #1 (WHERE APPLICABLE), and will accordingly filter traffic so as to exclude any subject/content prohibited by GO #1, including, but not limited to, any pornographic, terrorist, and racially prejudiced material.
16. LIMITED WARRANTY.
The equipment, software, and services are provided by Babtel or any third parties who contribute to the service on an “as is, as available” basis without warranty of any kind. Babtel and any third parties who contribute to the service do not warrant uninterrupted or error-free use or operation of the equipment or services, or that defects will be corrected. Babtel and any third parties who contribute to the service do not warrant that any data or files sent by or to you will be transmitted in uncorrupted form, error free, or within a reasonable period of time. Except as this Agreement expressly states, we make no express warranty regarding the equipment, software, and services, and disclaim any implied warranty, either in fact or by operation of law, statute, or otherwise, including any warranties of title, no infringement, merchantability, fitness for a particular purpose, or compliance with particular standards. Babtel and third parties who contribute to the service make no representations, or endorsements regarding the service, the software, the equipment or any third party material available through the service. We do not authorize anyone, including, but not limited to, Babtel employees, agents, contractors, or representatives, to make a warranty of any kind on our behalf, and you should not rely on any such statement. You agree to defend, indemnify, and hold harmless Babtel and third parties who contribute to the service from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of this Agreement or any activity related to your account. Certain Equipment or Software may be subject to third-party warranties, which we may pass on to you. At our sole discretion, we may replace defective Equipment and materials on behalf of the third-party manufacturer, provided that you follow all applicable Equipment return procedures.
a. No Third-Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
b. Acts beyond Our Control. Neither you nor we will be responsible to the other for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
c. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
d. Separability if any part of this Agreement is found invalid the rest of the Agreement will remain valid and enforceable.
18. CHANGES TO THIS AGREEMENT.
This Agreement may only be changed in the manner provided for in this Section 16. We may change this Agreement from time to time. With respect to price changes, we will provide notice as described in Section (6e) With respect to other changes to the Agreement; we will notify you in advance of the changes by e-mail or by posting the changes on our Website at http://www.baladwifi.net If you continue to be enrolled in, use, or pay for the services after any changes in the prices, charges, terms, or conditions, you agree to those changes.
19. AUTHORIZATION FOR CREDIT CARD SERVICES
If I receive a replacement Credit Card, account number, or new expiration date, I will immediately inform BABTEL of the new details. This authority shall be effective for the new Credit Card. If my Credit Card account is cancelled or suspended for any reason, I will inform BABTEL immediately. This authorization is to remain in full force until BABTEL receives written notification. If a charge is made to my Credit Card account in error, I will receive a credit for the amount due after bringing it to attention of BABTEL.