MYOSSEO SERVICE AGREEMENT
By signing up for service you (Subscriber) agree to the following terms and conditions:
Customer (Subscriber) and myOsseo hereby enter into this myOsseo Service Agreement (Agreement). This
Agreement may refer to Customer and myOsseo together, as the Parties.
Section 1. Service
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1.1
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Under this Agreement, myOsseo supplies and the Customer purchases myOsseo Services (Services) pursuant
to the plan selected on the myOsseo Order Form available online at
www.myOsseo.com or as attached hereto and made a part hereof.
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Section 2. Charges and Payments
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2.1
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myOsseo shall bill and the Customer shall pay all charges subscribed to by Customer. Payment must
be made on or before the due date shown on the bill.
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2.2
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Current bills are subject to a 10% late charge if not paid by the due date.
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2.3
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Customer agrees to pay myOsseo the full replacement cost for any damage to or loss of leased
equipment provided to Customer by myOsseo (e.g. customer premises equipment) and hereby authorizes
myOsseo to charge customer for said replacement cost. Customer is obligated to immediately return
such equipment after service cancellation or is liable for the replacement cost of said equipment.
Customer agrees myOsseo has title and ownership to said equipment and that said equipment must be
used exclusively as specified by myOsseo. myOsseo authorizes Customer premises use only in
conjunction with the myOsseo service.
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Section 3. Termination
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3.1
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Customer may terminate myOsseo service at any time by calling customer service or visiting the
customer service center. Termination will be effective the first business day after the customer
termination call or visit and return of any leased equipment. Monthly charges will be prorated to
service disconnect date.
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3.2
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Customers leasing customer premises equipment (CPE) are required to return the CPE upon cancellation
of their service. Failure to return the CPE within five (5) business days of Service cancellation will
result in additional billing charges for purchasing the CPE ($100-$180 plus tax).
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3.3
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Customers who purchased CPE and terminate Service within thirty (30) days of the purchase will receive
a full refund of the purchase price if the CPE is returned in working condition within five (5)
business days of Service termination.
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3.4
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myOsseo may terminate this Agreement and discontinue service at anytime, without prior notice, if
myOsseo reasonably believes Customer is using Service illegally, unreasonably, or in furtherance of
any unlawful activity.
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Section 4. Interruption of Service and Out-of-Service Credit
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4.1
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Our goal is to provide the Customer with continuous service; however interruptions, disconnections,
errors or other out-of-service conditions may occur. If a Service interruption, error, performance
failure, or some other out-of-service condition occurs and lasts more than twenty-four (24)
consecutive hours, except for problems caused by Customer's actions, inside wiring, or CPE, an
out-of-service credit will be applied to the Customer's bill. The credit shall be based on a thirty
(30) day month and shall be calculated by: (a) dividing the monthly rate of myOsseo Service affected
by thirty (30) days; and then (b) multiplying the daily rate by the number of days, or major fraction
thereof, that the myOsseo Service was interrupted.
MYOSSEO DOES NOT WARRANT THAT MYOSSEO SERVICES ARE ERROR FREE AND EXCLUDES ALL WARRANTIES OF WHATEVER
KIND, WRITTEN OR ORAL, STATUTORY, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MYOSSEO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY
MYOSSEO, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
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Section 5. Limitation of Liability
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5.1
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MYOSSEO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTIAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
BUSINESS WITH THE EXCEPTION OF THE LIABILITY FOR CREDIT TO CUSTOMER'S BILLS SET FORTH IN SECTION 4 OF
THIS AGREEMENT.
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5.2
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Customer is solely responsible for terminating any prior telephone, Internet, cable and/or other
services.
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Section 6. Force Majeure
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6.1
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With the exception out of service credit as set forth in Section 4 of this Agreement, myOsseo shall
be excused from performance requirement if its performance is prevented by acts or events beyond its
control including but not limited to severe weather and storms; earthquakes or other natural
occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military
emergencies; or act of legislative, judicial, executive, or administrative authorities.
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Section 7. Nonwaiver
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7.1
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The failure of either party to enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of its right to assert or rely upon such provision of this Agreement.
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Section 8. Governing Laws
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8.1
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Interpretation of this Agreement shall be governed by the laws of the State of Minnesota. Any cause
of action arising from this Agreement shall be brought in a state court with appropriate jurisdiction
in the city of St. Louis Park, state of Minnesota.
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Section 9. Successors and Assigns
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9.1
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myOsseo may assign its rights and delegate under this Agreement to its parent, a subsidiary, or any
affiliate without prior, written permission.
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Section 10. Renewal
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10.1
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myOsseo makes no assurance that this Service will be offered beyond the terms as defined on
myOsseo's website, or that such a Service will be offered at the same rates as set forth on this
Website. myOsseo reserves the right to change its Service and/or rate after one (1) month from this
Agreement's date. myOsseo will provide at least 30 days' notice of the rate change.
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Section 11. Customer Support
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11.1
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myOsseo provides telephone customer service and technical support for issues related to connectivity,
billing, and other services provided by myOsseo. Additional support for other products and services
are available and may require a visit to Customer's site. This on-site technical support will be
provided by myOsseo at an hourly rate defined on the myOsseo's website and will be billed by and
paid directly to myOsseo.
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Section 12. Expression of Parties' Understanding
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12.1
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This Service Agreement, the Privacy Policy, and the Acceptable Use Policy contain the full and
complete expression of the Parties' understanding and agreement for the supply and purchase of
myOsseo Service. Please note that you are agreeing to the Acceptable Use Policy, Privacy Policy and
Service Agreement by your initiation of myOsseo Service by registering on-line or by signing this
document.
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PAYMENT INSTRUCTIONS:
Your payment must be received in our offices by the due date shown on the first page of your statement.
Past due amounts are due immediately. Credit or debit card payments may be processed directly online
through your customer portal. Payment by check should be sent to myOsseo, P.O. Box 581427, Minneapolis,
MN 55458-1427.
A late fee of ten (10) percent of the current charges will be added if not paid by the due date.
Past due payments may cause a suspension of services within five (5) days of the Payment Due Date shown
on this statement where the charges first appeared, or at any other time thereafter.
Should disconnection be necessary, service will not be restored until full payments of amounts owing is
received. There is a $30.00 charge for all returned checks.
IMPORTANT INFORMATION ABOUT YOUR BILL:
Monthly service charges are billed in advance.
QUESTIONS REGARDING YOUR BILL:
If you have any questions regarding your monthly statement, please call (763) 235-3026 or write us ON A
SEPARATE PIECE OF PAPER, no later than thirty (30) days after the original billing date on your
statement. Telephone calls and notations that you make on your checks or material accompanying your
statement will not secure your rights. You can mail your inquiries to myOsseo, P.O. Box 581427,
Minneapolis, MN 55458-1427.
By signing up for service you agree to the above terms and conditions.
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