CONFIRMATION OF SALE / CUSTOMER AGREEMENT



This Confirmation of Sale (“COS”) is an agreement by and between Customer and Bertram Communications, LLC d/b/a Bertram Internet, Bertram Wireless, Bertram Fiber, XL Broadband, and Door County Broadband (“Bertram”) and is a part of and is incorporated by reference into the Service Terms and Conditions Agreement (the “Service Agreement”). Any capitalized terms not defined in this COS will have the same meaning as defined in the Service Agreement.


Customer Name: %%CUSTOMERNAME%%


Installation Address: %%CUSTOMERPHYSICAL%%


Account Email Address”: %%PRIMARYEMAIL%%


Phone Number: %%CUSTOMERPHONE%%


Billing Address: %%CUSTOMERBILLING%%


Customer agrees that on this date, Bertram Equipment has been installed at Customer’s premises and in a manner approved by Customer. at this time, Customer is required to pay a Total Deposit, consisting of an Initial Deposit (if necessary), installation Fee, One-Time Equipment Rental Fee and a First Month Payment.


One-Time Equipment Rental Fee Of: $10.00


Monthly Service Fees and other monthly charges:


%%SERVICELIST%%


Monthly Service Fees and any and all other charges are subject to change upon thirty (30) days’ prior written notice from Bertram.


Service Term: Two Years


Early Termination Fee: $350


At the expiration of the Service Term, unless Customers signs a new COS or notifies Bertram of its intent to cancel the Service no less than thirty (30) days prior to the end of the Service Term (in accordance with the Service Agreement), the terms of the Service Agreement and this COS will automatically renew for an additional one (1) year term.


Late Fee: $5


Reconnection Fee: $20


Returned Check Fee or Insufficient ACH fee is: $45


Customer agrees that Customer has been provided with and has reviewed the Bertram Communications, LLC Service Agreement (https://gobertram.com/terms-of-service/), that this COS, together with the Service Agreement and the other documents referenced in the Service Agreement, forms an agreement between the Bertram and Customer, and that by signing below Customer agrees to enter into the COS. Customer understands, acknowledges, and agrees that this COS memorializes in writing the terms of Customer’s subscription to the Bertram’s Service that has been in effect since the Installation Date. Customer further understands, acknowledges, and agrees that this COS shall be effective as of, and shall govern the terms of Customer’s subscription with Bertram since the Installation Date.


Customer agrees that Customer is required to provide electrical power and a continuous connection to the power grid to Bertram Equipment at all times (including, when Customer is not using the Service) and that Customer’s failure to provide such power and continuous connection may result in damage to the Bertram Equipment or to Customer’s computer, equipment, property or premises, which will be Customer’s sole responsibility.


Customer understands, acknowledges and agrees that prior to Bertram servicing any Customer equipment or Bertram Equipment under contract with Customer, it is Customer’s responsibility to (A) back-up the data, software, information or other files stored on Customer’s computer, tablet or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (B) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Customer agrees that whether or not Customer requests back-up services from Bertram and/or its Operational Service Provider, neither Bertram nor its Operational Service Provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.


Customer agrees that Customer is required to pay all applicable federal, state, and local taxes and fees, including, but not limited to, those imposed after the date of execution of the COS.


CUSTOMER AGREES THAT THE SERVICE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.


CUSTOMER AGREES THAT BERTRAM REGULARLY UPDATES AND AMENDS THE SERVICE AGREEMENT AND THAT CUSTOMER WILL BE BOUND BY THE TERMS OF THE SERVICE AGREEMENT AS THEN-IN-EFFECT UPON NOTICE OF SUCH CHANGES.