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Bigleaf Wireless Connect Services Addendum

A. If Customer has ordered Bigleaf Wireless Connect Services, these additional terms apply to such Services:

  1. Notwithstanding anything to the contrary in the Services Order or the Agreement, if and as required by Bigleaf’s third party suppliers, Bigleaf may update these terms from time to time by posting such updates to the URL designated in the Order and such updates will become effective upon posting. Customer acknowledges and agrees that it is Customer’s responsibility to review the terms and ensure its compliance with the then current terms posted to the URL.
  2. Customer understands and agrees that Bigleaf Wireless Connect Services:
    1. May only activate devices supporting functionality that is specific and limited to IoT or machine to machine services or critical business internet services;
    2. May not be used for video/audio streaming entertainment services, web hosting, public or guest wi-fi;
    3. Are only to be used with 4G or 5G supporting devices;
    4. The 20 GB Plan is for failover business only and may only generate usage tied to a failover event and may not be used for more than two weeks during any billing cycle – throughput for all Service Plans may be slowed if usage exceeds the defined Plan amount;
    5. Cellular voice and 911 are not supported;
    6. Are governed by and that Customer’s use must conform with the underlying service provider’s Acceptable Use Policy; and
    7. May not be resold by Customer unless the Agreement to which this Addendum attaches expresses and explicitly permits Customer to do so.
  3. Unless otherwise indicated in a Customer-placed order, Bigleaf will select the wireless service provider for each Service Plan purchased by Customer and will identify each such service provider in Bigleaf’s customer portal. All underlying service providers who are identified in the customer portal as providing wireless services to Customer are i) third party processers of of Customer information, and ii) third-party beneficiaries to the Agreement and may take any equitable or legal action required to enforce its provisions and the terms and conditions of this Service Addendum. Neither Customer nor any other third party is a third-party beneficiary to Bigleaf’s agreements with its underlying service providers. Customer may review its Service-related information in the customer portal to determine which underlying service providers are providing wireless services to Customer.
  4. Any wireless coverage maps provided by Bigleaf or its underlying service providers are informational only and do not guarantee service availability. Within coverage areas there are many factors that may impact service including, but not limited to customer equipment, terrain, proximity to buildings, foliage and weather.
  5. Customer may only install the CPE in a location that is not covered by the underlying service provider(s)’ networks without the use of roaming.  In the event that Customer’s Site is located in a roaming area for the applicable service provider(s), then i) roaming charges may apply as such charges are set by the applicable service provider and ii) Bigleaf may suspend service until such time as the CPE is relocated to a non-roaming location.
  6. The wireless Service Plans sold by Bigleaf as part of Bigleaf Wireless Connect Services may only be used with the CPE provided by Bigleaf. In the event Customer uses the wireless Service Plans with other hardware or otherwise breaches its obligations under this Services Addendum, Bigleaf or its service providers may slow the speeds of the subscribed wireless Service Plan and may also apply financial penalties to Customer equal to the monthly recurring charge for Bigleaf Wireless Connect Services. In the event that Customer wishes to use wireless plans that it has through a vendor other than Bigleaf, Customer will i) first inform Bigleaf of this desire and will subscribe to Bigleaf’s 5G Ready Service, ii) only use wireless plans from carriers that Bigleaf has affirmatively identified as certified to be used on the Bigleaf CPE, and iii) indemnify and hold Bigleaf harmless from all claims and damages alleged by such carrier in connection with Customer’s use of the Bigleaf Services and CPE.
  7. Bigleaf shall not increase the fees for Bigleaf Wireless Connect Services during the then current Term, unless Bigleaf’s service costs charged by its suppliers increase during such Term, in which event i) such changes may only be made upon thirty (30) days’ prior written notice and ii) will be deemed an amendment to the relevant Services Order.
  8. In the event that Bigleaf’s underlying service providers cancel their provision of services to Bigleaf that are required for Bigleaf to provide the Bigleaf Wireless Connect Services, Bigleaf may, without liability to Customer, terminate the Bigleaf Wireless Connect Services provided to Customer and will endeavor to provide as much notice as reasonably practicable.
  9. Customer is responsible for all reasonable costs Bigleaf and its service providers incur in relation to testing or Bigleaf Wireless Connect Services restoration deemed necessary by Bigleaf or its service providers at their sole discretion, unless determined to be the fault of Bigleaf or its service providers where caused by improper or unlawful use of network.
  10. Unless caused by the negligence of Bigleaf or its suppliers, Customer shall indemnify and hold harmless Bigleaf, its suppliers, and their respective officers, employees and agents against any and all claims, including without limitation claims for libel, slander, infringement of copyright, or personal injury or death, arising in any way directly or indirectly in connection with this Services Addendum or the use, failure to use, or inability to use the access telephone number.  This indemnity shall survive termination of this Services Addendum.

B. AT&T Pass-through Terms

In the event that Customer has purchased Service Plans identifying AT&T Wireless (“AT&T”) as the wireless provider in Bigleaf’s customer portal, the following terms are applicable to Customer and made a part of the Agreement: 

  1. Customer has no contractual relationship with AT&T, and Customer is not a third-party beneficiary of any agreement between or among AT&T and any of its distributors or resellers through one or more tiers (for purposes of these Pass-through Terms, each a “Reseller”). Customer understands and agrees that AT&T and Resellers shall have no legal, equitable, or other liability of any kind to Customer. 
  2. Customer shall indemnify and hold harmless AT&T and its subsidiaries, officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, or any property damage, personal injury or death, arising in any way, directly or indirectly, in connection with this Services Addendum or the use, failure to use, or inability to use the number except the claims resulting from AT&T’s gross negligence or willful misconduct. The provisions of this Section shall survive the termination of this Services Addendum.
  3. Customer has no property right in any number assigned to it and understands that such number can be changed from time to time.
  4. AT&T may use certain information regarding Customer’s account and any AT&T services provided in order to advise Bigleaf of additional relevant services. This information may include rate plan information and other Customer proprietary network information (CPNI) associated with the Bigleaf Wireless Connect Services. CPNI includes information that relates to the quantity, technical configuration, type, destination, location and amount of use of a telecommunications service. Customer’s election to receive Bigleaf Wireless Connect Services constitutes Customer’s express affirmative consent to and authorization for this use of CPNI. Customer has the right to withhold authorization of this disclosure and use of CPNI without affecting the provision of the Bigleaf Wireless Connect Services. Customer CPNI authorization is effective until revoked. Customer may terminate CPNI authorization at any time by contacting the Support phone number and/or email address listed on the Bigleaf website at www.bigleaf.net.
  5. Customer understands that Bigleaf’s suppliers and AT&T cannot guaranty the security of wireless transmissions and will not be liable for any lack of security relating to the use of Bigleaf Wireless Connect Services.
  6. The Service is for Customer’s use only and Customer may not resell Bigleaf Wireless Connect Services to any other party.

C. Verizon Pass-through Terms

In the event that Customer has purchased Bigleaf Wireless Connect Service Plans identifying Verizon Wireless (“Verizon”) as the wireless provider in Bigleaf’s customer portal, the following terms are applicable to Customer and made a part of the Services Agreement:

  1. Customer has no contractual relationship with Verizon, and Customer is not a third-party beneficiary of any agreement between or among Verizon and any of its distributors or resellers through one or more tiers (for purposes of these Pass-through Terms, each a “Reseller”). Customer understands and agrees that Verizon and Resellers shall have no legal, equitable, or other liability of any kind to Customer.
  2. Customer shall indemnify and hold harmless Verizon and its subsidiaries, officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, or any property damage, personal injury or death, arising in any way, directly or indirectly, in connection with this Services Addendum or the use, failure to use, or inability to use the number except the claims resulting from Verizon’s gross negligence or willful misconduct. This indemnity shall survive the termination of this Services Addendum.
  3. The use of any information available through Bigleaf Wireless Connect Services is at Customer’s own risk and responsibility.
  4. Except as required by law, Customer has no property right in any number assigned to it and understands that such number can be changed from time to time.
  5. Customer agrees that, to the fullest extent provided by law:
    1. Any controversy or claim arising out of or relating to the Services, or to any product or Service provided under or in connection with Bigleaf Wireless Connect Services, will be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (“AAA”) under Wireless Industry Arbitration (“WIA”) rules, as modified by these terms. WIA rules and fee information are available from the AAA. Arbitration is not a court proceeding. The rules of Arbitration differ from the rules of court. There is no judge or jury in an arbitration proceeding.
    2. Even if applicable law permits class actions or class arbitrations, Customer waives any right to pursue on a class basis any such controversy or claim against Service Providers, or any of their affiliates or predecessors in interest. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom are not required to arbitrate, the claims subject to the arbitration must be severed. However, Customer retains the right to file a complaint with any regulatory agency or commission.
    3. No arbitrator has authority to award relief in excess of what these terms provide, or to order consolidation or class arbitration, except that an arbitrator deciding a claim arising out of or relating to a prior agreement may grant as much substantive relief on a non-class basis as such prior agreement would permit. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations and will decide whether an issue is arbitrable or not. In a large/complex case arbitration, the arbitrators must also apply the Federal Rules of Evidence and the losing party may have the award reviewed by a review panel consisting of three (3) arbitrators.
    4. In the event that the foregoing arbitration requirements do not apply, Customer waives, to the fullest extent allowed by law, any trial by jury and a judge will decide any and all disputes.
    5. By entering into these terms, Customer is waiving important rights. Customer agrees that the maximum liability of Bigleaf’s suppliers, including but not limited to, Verizon, to Customer under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to Customer for Bigleaf Wireless Connect Services relation got the period of Service during which such damages occur. The maximum liability of of Bigleaf’s suppliers, including but not limited to, Verizon, to Customer under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury or products liability) is limited to charges due and owing by Customer, Customer cannot recover (a) punitive damages; (b) treble, consequential, indirect, or special damages; or (c) attorney’s fees.  Customer agrees onto to make, and to waive to the fullest extent allowed by law, any claim of damages other than direct compensatory damages as limited above. Except for credit for certain dropped calls or interrupted service, neither Verizon nor any other of Bigleaf’s suppliers is liable to Customer for dropped calls, interrupted service, or problems caused by or contributed to by Customer, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions or other things not controlled by Bigleaf or its suppliers, or by any act of God or natural disaster.  If another wireless carrier is involved in any problem (for example, because of roaming) Customer additionally agrees to any limitations of liability that wireless carrier imposes on its customers.

D. T-Mobile Pass-through Terms

In the event that Customer has purchased Bigleaf Wireless Connect Service Plans identifying T-Mobile (“T-Mobile”) as the wireless provider in Bigleaf’s customer portal, the following terms are applicable to Customer and made a part of the Agreement: 

  1. Customer has no contractual relationship with T-Mobile, and Customer is not a third-party beneficiary of any agreement between or among T-Mobile and any of its distributors or resellers through one or more tiers (for purposes of these Pass-through Terms, each a “Reseller”). Customer understands and agrees that T-Mobile and Resellers shall have no legal, equitable, or other liability of any kind to Customer.
  2. Subject to FCC number portability rules, Customer has no property right in any number assigned to it and understands that such number can be changed from time to time.
  3. Customer acknowledges that the Bigleaf Wireless Connect Services may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission networks. Customer agrees that neither T-Mobile nor any Resellers shall be responsible for such interruptions of the Bigleaf Wireless Connect Services or the inability to use the Services irrespective of location.  Customer understands that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Wireless Business Connect Services.
  4. Customer expressly understands and agrees that the liability and obligations of a Reseller to Customer under any legal theory, including but not limited to any agreement between Bigleaf and Custome, may be strictly controlled and limited by tariffs to which T-Mobile is subject, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Customer’s exclusive remedy and the total liability of T-Mobile or any Reseller and/or any supplier of services to a Reseller arising in any way in connection with the Agreement, for any cause whatsoever, including but not limited to any failure or disruption of the Bigleaf Wireless Connect Services provided, shall be limited to payment by the applicable Reseller of damages in an amount equal to the amount charged to Customer for the Bigleaf Wireless Connect Services under the applicable Services Order.  In no event shall any Reseller or T-Mobile be liable for any cost, delay, failure or disruption to the Bigleaf Wireless Connect Services, lost profits, or incidental, special, punitive or consequential damages.
  5. In no event shall any Reseller or T-Mobile be liable for the failure or incompatibility of equipment utilized by Customer in connection with the Bigleaf Wireless Connect Services. Customer shall use equipment provided at its own risk.
  6. Customer shall indemnify and hold harmless each Reseller and T-Mobile and their officers, employees, and agents against any and all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys fees and costs) and including without limitation claims for any personal injury or death, arising in any way, directly or indirectly, in connection with this Services Addendum, the provision or use of the Bigleaf Wireless Connect Services, or the use, failure to use, or inability to use the number. This indemnity shall survive the termination of this Services Addendum.
  7. Customer acknowledges that the Agreement with Bigleaf networks is assignable by Bigleaf Networks.
  8. The Bigleaf Wireless Connect Services may be temporarily suspended or permanently terminated without notice in the event that any Reseller’s agreement with T-Mobile is terminated or in the event the Customer violates T-Mobile’s acceptable use policy or other network rules and policies. Customer waives any and all claims against T-Mobile, including any roaming carrier, for such suspension or termination.

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