This Door Access Control and Camera Terms & Conditions (“DACC”) is between
This DACC, the Statement of Work (“SOW”) attached as Exhibit A, and the pricing attached as Exhibit B (“Pricing”) are referred to collectively as the “DACCA,” all of which are included in full by this reference to the attached Master Services Agreement (“MSA”) between you and us. References to MSA include this Agreement and its Attachments.
You will provide timely responses to ETS’ inquiries related to the Services. Your failure to provide timely responses to ETS’ inquiries may delay ETS’ ability to provide Services. You will not hold ETS responsible for anything that happens because you do not communicate with ETS in a timely manner.
You will pay ETS all monthly charges for DAC & CAM Services as listed on Exhibit A, including any applicable federal, state, and local use, excise, sales, privilege taxes, duties, or similar charges in a timely manner. You authorize ETS to obtain any credit information and/or client proprietary network information necessary to establish your account and provide the Services.
You may change the service address/location for the Services listed on Exhibit A. However, these changes will not reduce the total monthly cost of the Services listed in Exhibit B.
Confidential Information will be governed by the MSA.
The term of this DACC will start on the date when the Services are activated and continue for the periods stated in Attachment. Unless otherwise terminated in accordance with the MSA or this DACC is superseded by a new agreement, the term of this DACCA will automatically renew on a month-to-month basis.
If you desire to terminate all or any part of the Services under this DACC prior to the expiration or termination of an existing term, ETS may charge you an early termination fee. The early termination fee will be based on the applicable monthly recurring charges (“MRC”) plus any additional MRC associated with the Services at the applicable Service locations (the “Total MRC”) and calculated as follows: (1) 100% of the Total MRC for each month, if any, remaining in the 1st year of this DACC; (2) 75% of the Total MRC for each month, if any, remaining in the 2nd year of this DACC; and (3 50% of the total MRC for each month, if any, remaining in the 3rd year of this DACC. This early termination fee is not a penalty.
By signing up for any ETS Internet service (fiber or wireless), you agree to the following terms:
All provisions of the ETS Service Agreement (hereafter ‘Agreement’) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.
The benefits of or rights conferred by this agreement are non-transferable. Use of ETS accounts is expressly limited to the Individual or business whose name appears on the account.
User agrees to use the services in a manner consistent with all applicable laws.
User agrees to follow the Acceptable Use Policy of any network the user connects to, including ETS ’s system.
If User is less that 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).
ETS equipment is and shall remain the property of ETS regardless of where installed within the Service Location(s) and shall not be considered a fixture or an addition to the land or the Service Location(s). At any time ETS may remove or change ETS equipment in its sole discretion in connection with providing the Services. Customer shall not move, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any ETS equipment or permit others to do so, and shall not use the ETS equipment for any purpose other than that authorized by the Agreement. Customer is responsible for damage to, or loss of, ETS equipment caused by its acts or omissions. At the end of the service term or upon the breach hereof, ETS retains the right to remove the ETS equipment including, but not limited to, that portion of the ETS equipment located within the Service Location(s).
Customer alone shall be responsible for providing, installing, maintaining, repair, operation and replacement of all wiring and equipment and facilities on the Customer’s side of the cable modem, route and/or coaxial input connection. All Customer-Provided Equipment and wiring that Customer uses in connection with the Services must be fully compatible with the Services.
User is responsible for all use of User’s account(s) and confidentiality of password(s). ETS will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.
User agrees to pay ETS all charges relating to the use of User’s account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this agreement by reference. User is also responsible for monthly storage charges as described and agreed upon. All fees are non-refundable.
A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.
User is responsible to make payments for basic monthly charges for service in advance of receiving service in accordance with ETS ’s standard billing procedures. All payments are non-refundable.
All disputes must be made within 60 days of billing statement. Disputes and refunds are handled on a case-by-case basis. For questions, concerns please contact an ETS billing team member at 1-800-758-7300
ETS reserves the right to change prices on 30 days' notice published On-line.
ETS participates in the FCC's Affordable Connectivity Program, which enables us to offer our users access to affordable and reliable connectivity at the discounted rate. However, in the event that the FCC discontinues funding to the program, ETS will resume charging users their selected plan's full rate.
User agrees to pay all attorneys’ fees, court costs, filing fees including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principal balance owing. User further agrees to pay interest at the rate of 1.5% per month (18% per year). MINIMUM MONTHLY FINANCE CHARGE: $2.
ETS reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
Charges that may be imposed by ETS if, prior to the end of the applicable Service Term (a) ETS terminates Services for cause or (b) Customer terminates any Service without cause.
THE ETS SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ETS OR ANY INFORMATION OR SOFTWARE THEREIN THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ETS OR ITS PROVIDERS.
Neither ETS nor its information Providers are responsible for any damages arising from User’s use of ETS or by User’s inability to use ETS ’s service.
ETS reserves the right to change without notice the ETS service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
ETS is not responsible for User’s personal files residing on ETS . User is responsible for independent backup of his/her data stored on ETS .
ETS reserves the right to delete User’s personal files after one or both parties terminate agreement.
ETS reserves the right in its sole discretion to delete any information entered into ETS by User.
ETS and its authorized representatives shall have the right but shall not be obligated to edit publicly viewable information.
ETS reserves the right to add a late fee to all invoices that are 15 days past their due date.
ETS reserves the right to adjust fiber installation costs dependent upon the location/funding source of the fiber build project.
USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON ETS THROUGH USER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
ETS , at its sole business judgment, may terminate this membership Agreement immediately or suspend User’s access to the service upon any breach of this On-line Services Contract by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of ETS that User may be performing activities harmful to ETS or its Users, employees, vendors, business relationships, or any other users of the Internet.
Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information transferred through the Internet.
This Agreement shall be governed by the laws of the State of Idaho.
ETS may modify these terms and conditions upon notice published On-line via ETS . User’s use of ETS services after such notice shall constitute User’s acceptance of the modifications to this Agreement.
Non-enforcement of any section of this Agreement does not constitute consent and ETS reserves the right to enforce this Agreement at its sole discretion.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and ETS ‘s agreement on all other paragraphs shall remain valid. User acknowledges that ETS accounts allow full access to the Internet which may include some information which contains language, images, or subjects that are for adult audiences or that may be deemed offensive by User. ETS will not take any steps to censor any of this material. Should User find any of this material offensive or inappropriate, User’s sole remedy is to cancel User’s account.
ETS does not permit the use of any software, program, tool, process, or mechanism that is or could be used for the purpose of guessing or identifying passwords or that makes unauthorized attempts to access other systems or networks. ETS will assist local, state, or Federal authorities in their prosecution of anyone making illegal use of ETS ’s services.
User agrees that User’s password is confidential and agrees to not disclose User’s password to any other person or entity and to take reasonable steps to keep passwords confidential.
I acknowledge that ETS is not liable or responsible for pre-existing cable or pre-existing mounting hardware. Pre-existing cable and hardware (not installed by ETS ) is subject, but not limited to:
Cable ran through the attic by either the customer or a third party.
Existing cable running from the exterior communications panel into the home/building.
Existing cable running from the interior communications panel to any location inside the home/building.
Any existing cable used for internet installation from a previous Internet Service Provider.
Any existing mount used for internet installation from a previous Internet Service Provider, Over the Air television antenna or Satellite TV Provider.
Cable buried under the ground.
Cable ran through a conduit or any pipeline.
Any existing cable running from the exterior of the home/building into any location inside the home/building.
Any existing cable running from the interior of the home/building into any location inside the home/building.
Any splices in the cable. (Couplers, punch down blocks, clamshell, twist pair, etc.)
In the event of a failure of the pre-existing cable or mounting hardware, as outlined above, I agree to pay ETS $90/hr. for the repair or replacement of the cable and/or mounting hardware.
This Internet Services Agreement (“ISA”) is between
Eminent Technical Solutions (ETS) provides services including but not limited to transport, internet connectivity, hosting services, co-location, and consulting. Services provided in this Agreement are outlined in the attached Service Order Agreement.
Client is using this service for internet services.
ETS will perform all maintenance on systems used to deliver services specified herein and is expected to have reasonable access to building wiring closets and other areas of the buildings that house equipment related to the services provided. If access is not available, up time on the system may not be able to be maintained to acceptable levels, and ETS will not be held in breach. Equipment includes, but is not limited to, microwave equipment, power supplies, switches, routers, and access points.
The term of this Agreement shall commence upon the date of the service being activated and continue for the periods stated in the Exhibit B Pricing. Upon expiration of the initial term or any renewed term of this Agreement, this Agreement shall automatically continue month-to-month or until otherwise terminated.
By signing this Internet Service Agreement, Client agrees to pay to ETS all monthly charges for services provided including any applicable federal, state, and local use, excise, sales, privilege taxes, duties, or similar liabilities by the stated due date on subsequent invoices.
Payment for monthly charges is due within thirty (30) calendar days of the invoice date. Payment for installation is due upon completion. Any amounts not paid when due shall accrue interest at the rate of one percent (1%) per month (12% per annum) from the due date until paid by Client.
The initial billing may include a proration of monthly and annual recurring charges to match the billing cycle.
Client authorizes ETS to obtain any credit information and/or client proprietary network information necessary to establish this account and provision services. Further, the undersigned represents that he/she is authorized to approve and accept the responsibility of the terms and conditions.
Client hereby agrees to provide timely responses to ETS’ inquiries concerning the services and equipment. Client acknowledges that failure to provide timely responses to ETS’ inquiries may result in delays in the provision of services and equipment. ETS will be held harmless for damages arising as a result of Client’s failure to timely communicate with ETS.
When changing service address/location the Monthly Recurring Charges (MRC) must equal the same amount or greater. Services may be a combination of data and voice to meet the original order Agreement monthly recurring total.
This Agreement may include the standard terms and conditions of the circuit provider. If Client terminates this Agreement or cancels all or any part of the services during the Agreement term length, ETS may charge Client an early termination fee calculated to be the sum of all applicable circuit provider MRC’s plus any additional MRC’s associated with the provided service/product at that service location(s) remaining in the term agreement.
Client agrees to indemnify and hold harmless ETS against loss or threatened loss or expense by reason of the liability or potential liability of the Client for or arising out of any claims for damages.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect ETS’s intention. All remaining provisions of this Agreement shall remain in full force and effect.
ETS’s performances of its obligations hereunder are subject to all applicable laws, ordinances, rules and regulations of governmental authorities and this Internet Service Provider Agreement. ETS shall not be liable for any delay or failure in any of its obligations under this Agreement caused by acts beyond its control, including but not limited to acts of God, acts of the government of the United States or any state or political subdivision of the state; fires, floods, explosions, earthquakes, windstorms, hurricanes, lightning, or other catastrophes; riots, strikes, work stoppages, unusually severe weather, inability of ETS to obtain equipment or material, or intervening acts of third parties. ETS shall have the right to terminate this Agreement upon 60 days written notice to Client if ETS is unable to perform any of its obligations under this Agreement due to circumstances beyond its control.
This Agreement shall be in effect the date the internet connection is established.
ETS Management LLC is committed to providing reliable, high-quality Internet services on its IP network. As one indicator of ETS’s service commitment, ETS provides Service Level Agreements covering these services and performs ongoing measurement of Network Delay Port Installation Intervals, Packet Loss, and Port Availability. If an Eligible Customer experiences performance that does not meet the applicable metric set forth in this SLA, then ETS will issue the Eligible Customer a service credit. All defined terms are set forth in section 8.
Network Delay Commitment. If the average ETS IP roundtrip Network Delay exceeds the applicable time set forth in the table below, then ETS will provide a Service Credit to the Eligible Customer.
| Product | Service Level Agreement | Committed Network Delay | Credit |
| Fiber Internet | Intra-United States | Less than or equal to 30 ms | 3-Day Service Credit |
| Fixed Wireless | Intra-United States | Less than or equal to 60 ms | 3-Day Service Credit |
Network Delay Credit.
If an Eligible Customer believes ETS has failed to meet the Committed Network Delay set forth in the table above, Eligible Customer must contact its ETS representative in writing within 15 business days of the Network Delay metrics being generated for the current period. Upon ETS’s verification that the actual Network Delay over the measurement period was greater than the Committed Network Delay specified for that region, ETS will issue a Service Credit to the Eligible Customer. The Service Credit will equal the applicable amount set forth in the table above, not to exceed the limits in Section 7. Approved Service Credit(s) will be applied to an Eligible Customer’s invoice during the next billing cycle. Any decision made by ETS concerning this SLA or associated credits will be final, binding, and conclusive, and is within ETS’s sole discretion although ETS shall attempt to resolve matters to the reasonable satisfaction of Eligible Customers.
Packet Delivery Performance Commitment. If the average IP roundtrip Packet Delivery is less than the applicable percentage set forth in the table below, then ETS will provide a Service Credit to the Eligible Customer.
| Product | Service Level Agreement | Commitment | Credit |
| Fiber Internet | Intra-United States | 99.95% | 3-Day Service Credit |
| Fixed Wireless | Intra-United States | 99.95% | 3-Day Service Credit |
Packet Delivery Credit. If an Eligible Customer believes ETS has failed to meet its Committed Packet Delivery performance commitment as set forth in subsection 3, table 2. Eligible Customer must contact its ETS representative in writing within 15 business days of the Packet Delivery metrics being generated for the current period. ETS will endeavor to meet commitment levels at 99.99%. Upon ETS’s verification that the actual Packet Delivery over the measurement period was greater than the Committed Packet Delivery specified for the region in the table above, ETS will issue a Service Credit to the Eligible Customer. The Service Credit will equal the applicable amount set forth in the table above, not to exceed the limits in Section 7. Approved Service Credit(s) will be applied to an Eligible Customer’s Invoice during the next billing cycle. Any decision made by ETS concerning this SLA or associated credits will be final, binding, and conclusive, and is within ETS’s sole discretion although ETS shall attempt to resolve matters to the reasonable satisfaction of Eligible Customers.
Port Availability Commitment. If the average IP Port Availability is less than the applicable amount set forth in the table below, then ETS will provide a Service Credit to the Eligible Customer.
| Region | Access | Committed Metric | Outage Time | Service Credit |
| United States | SPA which refers to Single Point of Access | 99% |
Between 00:04:33 minutes and 00:43:00 minutes Between 00:43:01 minutes and 04:00:00 hours Between 04:01:01 hours and 08:00:00 hours Between 08:01:01 hours and 12:00:00 hours Between 12:00:01 hours and 20:00:00 hours 20:00:01 hours or greater |
10% Monthly Cost 20% Monthly Cost 30% Monthly Cost 40% Monthly Cost 50% Monthly Cost 100% monthly Cost |
Port Availability Credit. If an Eligible Customer believes ETS has failed to meet its Committed Port Availability, Eligible Customer must contact its ETS representative in writing within 15 business days of such failure. Upon ETS’s verification that the actual Port Availability over the measurement period was less than the Committed Port Availability, ETS will issue a Service Credit to the Eligible Customer. The Service Credit will equal the applicable amount from the table above for the monthly recurring charges for the affected Port in the applicable month, not to exceed the limits in Section 7. Approved Service Credit(s) will be applied to an Eligible Customer’s invoice during the next billing cycle. Any decision made by ETS concerning this SLA or associated credits will be final, binding, and conclusive, and is within ETS’s sole discretion.
ETS will use the most effective methods possible to deliver bandwidth from its datacenters or partnering datacenters. This will be in line with industry standards and the subscribed service(s) and the equipment carrier paths required, while not compromising the terms of the service level agreement.
Exclusions. The IP Dedicated Services SLAs are not valid for:
Customer delays including, but not limited to: (i) acts or omissions by the customer, his agents or vendors; (ii) inaccurate, incomplete or changes to previously accepted orders; (iii) unavailability/faulty customer premises, customer premise equipment (CPE) and/or facilities necessary to install the services; or, (iv) extension of access circuit demarcation point; or,
Force majeure events, as defined in the applicable ETS services agreement between the parties; or,
Customer’s failure to materially comply with its obligations as defined in customer’s Agreement for IP Services, including failure to pay valid past-due amounts; order suspensions due to customer’s credit worthiness; or,
Scheduled standard maintenance window; or,
ETS-operated modems and ETS Domain Name Servers (“DNS”); or,
Any components operated by an Internet Service Provider or a network operator other than ETS; or,
Failure of customer-provided local access within the Intra-United States used to access the IP network; or,
Failure of customer premise equipment; or,
Troubles resolved as “No Trouble Found”; or,
Outages less than 240 seconds in duration or time attributed to customer’s delay in responding to ETS’s requests for assistance to repair and outage; or,
Collocation Center Port Availability does not include local access from the Eligible Customer’s hosted/collocated equipment cabinet to other sites outside of the Collocation/Hosting Facility/Internet Center.
Amendments. ETS reserves the right to amend the SLA from time to time. All Amendments shall be in writing.
Monthly Service Credit. Service Credits issued in any month under any SLA will not exceed Eligible Customer’s total monthly recurring charges for the affected ETS IP Dedicated Port(s).
Yearly Service Credit. The combined cumulative total of Service Credits issued during a Contract Year under these SLAs customarily will not exceed 20% of an Eligible Customer’s total monthly recurring charges for all ETS IP Dedicated Port(s) invoices during the Contract Year. To the extent these Service Credits exceed 20% of an Eligible Customer’s total monthly recurring charges for all ETS IP Dedicated Port(s) invoices during the Contract Year, ETS will give due consideration as to what amount is equitable for Eligible Customers.
As Scheduled- means the scheduled date as determined to by the ETS representative.
AV Interval- means the actual number of days between ETS placing the order for the local access with the access vendor and ETS’s acceptance of the local access from the access vendor. Customarily, this will be between 3-7 days.
BMAN- Broadband Metropolitan Area Network
Contract Year- means the 12-month billing period commencing on the first day of the month after the customer’s ETS IP services agreement is effective and each successive 12-month billing period.
Eligible Customer- means any customer who has purchased ETS Services on or after May 15, 2023 with a minimum 1 year commitment (or an existing ETS IP Services customer that renews its existing agreement for an additional term of 1 year or longer), is in full compliance with the terms of its ETS IP services agreement, and is not blocking ICMP traffic.
Measurement Period- means a calendar month
Network Delay- means the average time in the Measurement Period for data traffic to be transmitted between all applicable ETS Access Nodes.
No Trouble Found- means a ETS customer reports a problem that cannot be duplicated by ETS. For example, Customer reports an out-of-service condition, but ETS sees its service up and active with no evidence of a recent outage.
Packet Loss- means the average percentage of packets in the Measurement Period that are dropped between applicable ETS Access Nodes.
Port- means a customer’s physical entrance to, and/or exit from the IP Network.
Port Availability- means the percentage of time in a month the ETS Network was available to the customer.
Port Installation Interval- means the total number of business days between days between the operational order entry data of a ETS order, excluding network design and order preparation time, and the date the applicable IP Port is installed and available for use, as solely determined by ETS. ETS will endeavor to complete such work within __10___ days.
ETS Access Node- means ETS points of presence connected by long-distance fiber lines that collective form ETS’s IP Network.
Collocation Center- a ETS designed and built collocation and web hosting services center.
ETS Provide Access- means ETS coordinates, orders and provisions, installs, and maintains access facilities from end to end for telecommunications service.
Proposed ISP Commitment to the End-User:
Every ISP participating in the LCFN should maintain as its minimum the following commitments to its customers:
LCFN members are required to resolve issues quickly, minimize downtime, and keep their networks operational. LCFN members are to be committed to communicating scheduled maintenance or unplanned outage updates. They should value end-users as trusted customers and do everything in their ability to ensure their service and communication to be enjoyable.
Minimum Required Support Response:
Residential and Business Acknowledgement
7 Days / Week | 8am – 10pm | Within 1 Hour
Minimum Required Support Service:
Residential Remote Support or On-Site Visits 7 Days / Week Within 24 to 48 Hour Support Window
Minimum Required Business Remote Support or On-Site Visit commitment 7 Days / Week Within 4 Hours
Core ISP Infrastructure Expected Response:
(24/7 On-call Emergency Response) System Outage Resolution: within 1-2 hours
This IT Managed Services Terms and Conditions (“ITMS”) is between
This ITMS, the Statement of Work (“SOW”) attached as Exhibit A, and the pricing attached as Exhibit B (“Pricing”) are referred to collectively as the “ITMS,” all of which are included in full by this reference to the attached Master Services Agreement (“MSA”) between you and us. References to MSA include this Agreement and its Attachments.
Please refer to the MSA for all related billing and payment agreements.
Change Orders affecting the Services and equipment under this ITMS are as described in the MSA.
Confidential Information will be governed by the MSA.
This IT Managed Services Terms and Conditions (“ITMS”) is between
This ITMS is a related document under the Master Services Agreement (“MSA”) between us. The MSA’s terms apply to this ITMSA unless it specifically contradicts the MSA’s terms.
You may request changes to the services or equipment. This may include changes to services or equipment provided as part of a special project. We will adjust the cost (up or down) to account for the changes you request. ETS will document change orders that outline the changes to the services, equipment, and cost. You must agree to the changes in the change order before ETS will begin any work under the change order. You will not hold ETS responsible if ETS cannot meet your desired completion deadline because of delays or changes requested by you.
All confidential information will be safeguarded as outlined in the MSA.
This Phone System Provider Agreement (“PSP”) is between
This PSP, the Statement of Work (“SOW”) attached as Exhibit A, and the pricing attached as Exhibit B (“Pricing”) are referred to collectively as the “PSP,” all of which are included in full by this reference to the attached Master Services Agreement (“MSA”) between you and us. References to MSA include this Agreement and its Attachments.
ETS hereby agrees to provide the following services (the “Services”) to Customer on the terms and conditions contained in this Agreement. Services include but are not limited to delivery of communication services via a desk phone, smart phone, tablet, laptop, and softphone. Services may also include bell system, paging system, and internal chat services. Services further includes installation, setup and programming of all hardware included or listed in proposal. All hardware and equipment provided by ETS to Customer under this Agreement remains the property of ETS during and after the Contract Term, including any renewals.
Please refer to the MSA for all related billing and payment agreements.
If Customer terminates this Agreement or cancels all or any part of the Services during the initial Contract Term or any renewal term other than for cause, or if ETS terminates this Agreement as a result of Customer’s breach, ETS may charge Customer an early termination fee calculated as follows:
Change Orders affecting the Services and equipment under this PSP are as described in the MSA.
Confidential Information will be governed by the MSA.
This Software Development Terms & Conditions (“SDTC”) is between
This SDTC, the Statement of Work (“SOW”) and the Premium Software Maintenance and Support Agreement (“Maintenance and Support Agreement”) attached as Exhibit A (if applicable), and pricing attached as Exhibit B (“Pricing”) are referred to collectively as the “SDTC,” all of which are included in full by this reference to the attached Master Services Agreement (“MSA”) between you and us. References to MSA include this SDTC and its attached Exhibits.
The Product will be compatible with only those Internet browsers or operating systems listed in the Specifications. The Product and all content will be in English unless the Specifications state otherwise.
These Terms and Conditions (“Agreement”) govern all data center services provided by ETS (“Provider”) to any customer (“Client”) leasing or utilizing services in ETS-operated or managed facilities. By engaging with any ETS service, the Client agrees to these terms, which are subject to change with notice as outlined herein.
ETS provides a range of physical and virtual infrastructure services, which may include, but are not limited to:
Clients leasing space are granted non-exclusive, revocable access to the data center or designated collocation area solely for the installation, operation, and maintenance of approved equipment. All access must be pre-approved by ETS and may be restricted to authorized personnel only. Identification and visitor logs may be required per facility access policy.
Equipment may not interfere with other clients or facility operations. Unauthorized equipment installation, wireless transmissions, or modifications to power/cooling systems are prohibited.
ETS will provide basic installation and setup as outlined in the individual service order. Additional services such as custom cabling, racking, remote hands, or after-hours access are billable per ETS’s published rates or specific agreement.
ETS provides conditioned power through dual A/B feeds where applicable. Power capacity is provisioned based on agreed kW usage. Overuse may result in additional charges or service limitations. Environmental conditions such as temperature and humidity are maintained within generally accepted ASHRAE standards, though no absolute warranty is provided unless included in a Service Level Agreement (SLA).
Power services are backed by UPS and generator systems. However, ETS shall not be liable for service interruptions caused by utility failures, acts of nature, or events beyond its reasonable control.
ETS reserves the right to perform routine or emergency maintenance that may affect service. Clients will be notified in advance whenever possible. Emergency maintenance may be conducted without notice if required to preserve safety or prevent service degradation.
Facilities may be monitored via physical and electronic surveillance. Client equipment is expected to be secured within their assigned space. ETS is not responsible for theft or damage to customer-owned equipment unless caused by gross negligence or willful misconduct by ETS staff.
Clients are responsible for insuring their own equipment against loss or damage. ETS maintains facility insurance but does not insure client-owned hardware or data. ETS is not liable for indirect, incidental, or consequential damages arising from service outages, data loss, or equipment failure, except as otherwise limited by law or in a separate SLA.
All service rates are subject to change. ETS reserves the right to modify pricing with at least thirty (30) days’ prior written notice to the Client. Adjustments may reflect changes in utility costs, market conditions, regulatory compliance, or facility upgrades. Continued use of the services after the effective date of any pricing change constitutes acceptance of the new rates.
Invoices are due upon receipt unless otherwise agreed in writing. Late payments may incur finance charges or suspension of services.
Unless specified in a separate service order, lease or Master Service Agreement (MSA), services are provided on a month-to-month basis. Either party may terminate services with thirty (30) days’ written notice. ETS reserves the right to immediately terminate or suspend services in the event of:
Upon termination, Client must remove all equipment within ten (10) business days unless otherwise agreed. Failure to do so may result in storage fees or disposal.
Clients may not use ETS facilities or services to engage in unlawful activity, spam, distribution of malware, unauthorized surveillance, or activities that disrupt network integrity. Violations may result in immediate suspension or termination of services.
This Agreement shall be governed by and construed in accordance with the laws of the state in which the data center is located. Any disputes shall be resolved in a court of competent jurisdiction in that state.
ETS reserves the right to modify these Terms and Conditions at any time. Clients will be notified of material changes in writing. Continued use of services after such notice constitutes acceptance of the revised terms.