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Internet Service Contract Agreement

This document is a contract between A Y A Radiocomunicaciones S.A.S. and a client for the provision of internet services. The contract details the terms and conditions of the service, including the equipment provided, monthly payments, responsibilities of both parties, and an initial duration of 12 months. The main objective is to provide broadband internet access to the client in exchange for a set monthly fee.

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0% found this document useful (0 votes)
13 views5 pages

Internet Service Contract Agreement

This document is a contract between A Y A Radiocomunicaciones S.A.S. and a client for the provision of internet services. The contract details the terms and conditions of the service, including the equipment provided, monthly payments, responsibilities of both parties, and an initial duration of 12 months. The main objective is to provide broadband internet access to the client in exchange for a set monthly fee.

Translated by

ScribdTranslations
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

AF-OT-002

Version: 04
SERVICE CONTRACT OF Date: June of
INTERNET SERVICE 2014
Page: 1 of 5

CONTRACT NO. START DATE: COMPLETION DATE: VALIDITY:


419 12 MONTHS
GENERAL INFORMATION
COMPANY NAME: A Y A RADIOCOMMUNICATIONS S.A.S
NIT: 800.222.177-1
NAME OF THE LEGAL REPRESENTATIVE: Anibal Sanchez Robayo Field
CEDULA_DE_CIUDADANÍA_N° 7,551,832 ARMENIA, QUINDIO
client_name
NIT. OR CITIZEN ID NUMBER:
LEGAL REPRESENTATIVE NAME:
IDENTITY CARD N°:
MAIL: 1)
CELLULAR : 1)
PHONE: 1)
BILLING DELIVERY ADDRESS AND
CORRESPONDENCE:
INTERNET INSTALLATION ADDRESS:
MONTHLY AMOUNT PAID IN NUMBERS AND LETTERS:
CONTRACT FOR AMOUNT OF: (TOTAL TIME) AND INCLUDED
The VAT
WI-FI ZONE: YES X NO TEAM SOLD TEAM X TYPE:
OWN SERIES:
NOTE: THE SERVICE IS LEFT WITH THE MAIN RECEIVING EQUIPMENT ON A LEASE BASIS, WHICH
IT BELONGS TO THE COMPANY A AND TO RADIO COMMUNICATIONS S.A.S. NIT: 800.222.177-1

SERVICE PROVISION CONTRACT


I. COMMERCIAL AND TECHNICAL CONDITIONS
1- The company A Y A RADIO COMUNICACIONES S.A.S., hereinafter THE COMPANY, for the provision of Internet service,
It requires that THE CLIENT has the terminal equipment, telephone services, and software properly available.
configured and other necessary resources for the connection to the Internet to be established.
2- THE COMPANY delivers to THE CLIENT in the form of LEASE, the equipment described in the delivery record,
which is an integral part of the contract.
3- THE CLIENT, once the equipment has been received satisfactorily, is obligated regarding the same in accordance with the regulations.
current laws.
4- THE COMPANY is not responsible for any damages caused by the client manipulating the equipment or configurations.
queA Y A RADIO COMUNICACIONES S.A.S established at the CLIENT's facilities to provide Internet service
5- In the event that it becomes necessary for THE CLIENT to relocate the equipment, they must inform THE COMPANY of such
event, in order to coordinate the necessary procedures for said event.
6- Upon termination of the Contract for any of the agreed-upon reasons, THE CLIENT agrees to return the equipment to THE COMPANY.
return within no more than five (05) business days under the same conditions of use in which they were delivered.

26th Street No. 16-25 local 1 Armenia Quindío


Mail:calidad@[Link]- ventas@[Link]
MY YEAR.
Code: AF-OT-002
Version: 04
SERVICE AGREEMENT Date: June of
INTERNET SERVICE 2014
Sheet: 2 of 5

7- In the case of non-delivery of the equipment within the established time and conditions, except for ordinary wear and tear of the same,
THE COMPANY will invoice THE CLIENT the total value of the equipment.
8- The equipment malfunctions will be repaired by THE COMPANY at the request of the CLIENT. THE COMPANY will bill the CLIENT for the value.
from the repairs of the equipment, except when the damage arises from manufacturing defects in which THE COMPANY
will be responsible for the equipment that is under lease up to the minimum presumed guarantee that it provides or has
its manufacturer and therefore these will only be replaced for failures or defects attributable to it.
9- In case of irreparable damage to the equipment that does not result from manufacturing defects or natural causes such as electrical storms.
and others, deterioration not attributable to a hidden defect, theft or loss, the CLIENT will pay the COMPANY the replacement value.
valid of the team at the payment date, in accordance with the certification issued by the financial area regarding this
COMPANY, for which it will take into account the demerit for use. In any case, THE CLIENT must inform THE COMPANY about
written within the term of 8 days upon the occurrence of any of the mentioned events, failing which it cannot
to exempt oneself from responsibility.
10- The equipment will be installed, relocated, or removed by personnel authorized by THE COMPANY.
11- THE COMPANY reserves the right to change the technological platform of the system, in which case it will proceed to replace the
equipment delivered on lease.
12- The COMPANY will handle damage reports through the Customer Service line and will carry out maintenance on the
the shortest possible time.
13- THE CLIENT agrees to keep the equipment at the address established in the internet access service contract.
broadband. The COMPANY will only attend to the maintenance or repair request at that address or at that address
or in the one that corresponds to a transfer reported previously in writing by the CLIENT to THE COMPANY.
14- The rights and obligations established in the Broadband Internet Access Service contract will apply to this.
in the relevant matters.
15- As a sign of acceptance and evidence of delivery and receipt of the equipment, it is signed by both parties at the end of
THIS CONTRACT IN THE SIGNATURES SECTION.

II. INTERNET ACCESS SERVICE


Between THE COMPANY and THE CLIENT, a service provision contract has been concluded, which will be governed by the following
CLAUSES: FIRST. OBJECT. a) The object of this contract consists of the provision of the service of shared access to
Broadband Internet provided by THE COMPANY in favor of THE CLIENT, in exchange for monetary compensation, in accordance with
plan selected with THE CLIENT and with the current rates for this service defined by THE COMPANY. b) THE COMPANY in condition
The duly authorized operator will provide the Internet service in the most efficient manner by making the conditions available.
reasonable technical and commercial measures, being able to take the measures that in its judgment it considers necessary and convenient for it. c) THE
CLIENT acknowledges and accepts that the Internet service may be temporarily suspended due to unforeseen circumstances.
conditioned by reasons of capacity and coverage, atmospheric phenomena, and by any other natural or artificial circumstance
that affects transmissions, to be interrupted or suspended for equipment reasons, engineering work, or any work
repair or similar activities necessary at the discretion of A Y A RADIO COMUNICACIONES S.A.S for its proper or better
operation and being affected due to capacity reasons or defects in any of the telecommunications networks
interconnected to THE COMPANY. SECOND. ASSIGNMENT. The service that is the subject of this contract is personal and non-transferable.
Consequently, THE CLIENT may not assign or resell the service to third parties without prior written authorization from THE COMPANY.
OBLIGATIONS OF THE COMPANY. 1. Provide the CLIENT with a technically satisfactory Broadband Internet access.
The COMPANY will not guarantee Internet operation nor be responsible for any damages caused as a result of failures that
they could make effective use of the network and the contents placed within it impossible, unless the causes of such a phenomenon are addressed.
are directly attributable. 2. Process and respond to the complaints, requests, and claims submitted by THE CLIENT.
FIRST PARAGRAPH. THE COMPANY does not guarantee the performance of the services, networks, or platforms accessed by the customer.
configure or install taking advantage of the service provided by the COMPANY. FOURTH. CLIENT OBLIGATIONS. THE CLIENT
understand and accept that by virtue of this contract, you are obliged to: a) Timely pay the amounts billed for the service
from the service. b) Return at the end of this Contract, the goods to A A Y A RADIO COMUNICACIONES S.A. or to whomever it indicates,
within five (5) days following the termination date of the Contract. c) Facilitate access for designated employees and
26th Street No. 16-25 local 1 Armenia Quindío, Tel: 741 0085 Fax: 741 39 99 Cell: 321 644 32 66
Mail:calidad@[Link]- ventas@[Link]
MY YEAR.
Code: AF-OT-002
04
SERVICE CONTRACT Date: June of
INTERNET SERVICE 2014
Page :3 of 5

accredited by THE COMPANY, whenever necessary for the operation, handling, and maintenance of the goods. d) Attend to the
instructions from THE COMPANY for the proper use of the service. e) Inform THE COMPANY of any irregularities that arise
in the provision of the service. f) Assume full responsibility for the damages and losses that may arise.
occasion of the improper use of the services provided by the COMPANY f) Inform the COMPANY of changes in address of
Address to which the services subject to this contract must be transferred. The transfer of the service will be subject to conditions.
of technical feasibility. In the case that the transfer of the service is not technically feasible, the Company may cancel it. g) Authorize
to the COMPANY to check its name in the risk centers and likewise to report it for breaching obligations
emanating from this contract. FIFTH. CLIENT PROHIBITIONS. 1. Not to give inappropriate use to the Internet access service.
contrary to what is stipulated in this contract, to legal norms, to public order or to good customs. THE COMPANY, during the
the validity of the contract may verify compliance with this obligation and, in case of non-compliance, may withdraw or suspend the
service provision. Without prejudice to the above, THE COMPANY shall not be liable to THE CLIENT or to third parties for the content
from the information received through the Internet service. In particular, the CLIENT agrees not to provide access to the service to the
Internet via Broadband an inappropriate use or contrary to legal norms, public order or good customs;
to comply with the provisions of Law 679 of 2001 and its regulatory decrees or the rules that modify or repeal it, in relation to
exploitation, pornography, and sexual tourism, considering that non-compliance may result in penalties
administrative and criminal laws established on the subject. To such extent, you must refrain from: Hosting images, texts, on your own site
documents or audiovisual files that directly or indirectly involve sexual activities with minors; material
pornographic, especially in the form of images or videos, when there are indications that the photographed or filmed individuals are
minors; links or 'links' to telematic sites that contain or distribute pornographic material related to minors
[Link] CLIENT understands and accepts that the commercialization to third parties of the service is prohibited and that consequently
the benefits obtained by virtue of it are not subject to sale or commercialization, and that if done, their conduct constitutes
causal for termination of the contract and cancellation of the service. e) The others provided or arising from this Contract and its
nature. 3. THE CLIENT shall not: a) Sublet the goods or assign them a different purpose than that provided in this Contract.
b) Connect equipment that is owned by third parties, that do not comply with the current regulations established for operation.
of the equipment delivered under this Contract. c) Intervene and/or manipulate the parts and components of the leased goods.
d) To carry out or allow repairs, alterations, or changes to any component of the leased assets, without
written consent from THE COMPANY. d) To transfer the leased goods without prior express written authorization from THE COMPANY.
In case a transfer of the assets is requested and authorized, it may only be carried out by personnel in the service of THE COMPANY or
by the person or persons that it designates for this purpose. SIXTH RATES. THE CLIENT will pay the rate established by THE COMPANY
in the Resolution or act in force at the time of signing the contract. The COMPANY reserves the right to modify said rate of
compliance with its tariff policies, which THE CLIENT accepts in advance. These tariff changes will be adopted
through Resolutions or External Directives that will be available for the CLIENT's knowledge at all times. SEVENTH.
INVOICE. The consumption for the concept of internet access service and other services associated with it, for which is
The COMPANY will be responsible, and this will be recorded on an invoice, which will be sent to the address where the HFC network is installed.
or the telephone line, as applicable, designated for the provision of the service and indicated for this purpose by THE CLIENT. Starting from the
moment when THE CLIENT starts to effectively receive the service and until the billing cutoff day, a will be generated
monthly bill for the days of service, in accordance with the plan you selected at the time of enrollment. It is the obligation of
THE CLIENT cancels before the due date of the invoice, all items related to it. The non-receipt of the invoice.
does not exempt the CLIENT from the payment of the Service nor from the late fee that is generated. EIGHTH. MODIFICATION OF THE SERVICE. THE COMPANY
may at any time, in accordance with its technical and commercial discretion, replace the networks, the equipment, or any element
related to the provision of the service. Any modification, addition, or replacement will be carried out under the responsibility and
cost of the COMPANY, which will seek not to affect the overall performance or operations of the service. NINTH. CHANGE OF PLAN
AND ASSIGNMENT OF NEW SERVICES. 1. THE CLIENT may change the plan to any other offered by THE COMPANY, as long as
when the payment is up to date and the respective study has been previously carried out by the COMPANY. 2. THE CLIENT may
request the assignment of new services offered by THE COMPANY, as long as it is in good standing with those currently active
moment of making the request, in any case your request may be subject to a new credit review. TENTH. SUSPENSION OF
SERVICE. THE CLIENT may request a temporary suspension of the service for up to two (2) months, which exempts them from payment during the
suspension period, as long as you are in good standing with the COMPANY for all concepts. Once this period expires, if the
26th Street No. 16-25 local 1 Armenia Quindío, Tel: 741 0085 Fax: 741 39 99 Cell: 321 644 32 66
Mail:calidad@[Link]- ventas@[Link]
MY YEAR.
Code: AF-OT-002
Version: 04
SERVICE AGREEMENT Date: June of
INTERNET SERVICE 2014
Page: 4 of 5

If the customer does not submit a request for service reactivation, it will be withdrawn and the corresponding fines will be imposed. The suspension due to
payment default will occur when THE CLIENT has not paid 2 invoices for the service, and the withdrawal of this will take place on the third
accumulated invoice due to non-payment. In this case, the pertinent fines will apply. At the request of a competent authority, in case of
presumed violation of law 679 of 2001. FIRST TENTH. RESALE. THE CLIENT who is going to market in favor of third parties the
Internet access service provided by THE COMPANY must have the respective written authorization from it. Additionally
must comply with the following requirements: 1. Comply with the legal regulations and authorizations required for the provision of the service.
Internet and its associated services. 2. In the advertising of its services, it may not mention THE COMPANY, nor use any of
its distinctive signs. 3. Complaints or claims originating from the provision of the service may only be submitted
by THE CLIENT. Claims from third parties in this regard will not be addressed. 4. Any service or application that THE CLIENT
If you intend to provide services to your clients through the network, you must adhere to the Colombian legal regulations that govern the sector of the
telecommunications, particularly those that refer to the provision of value-added services. 5. THE CLIENT will be
responsible for the achievement, installation, administration, operation, and maintenance of its DNS (Domain Name Server). 6. THE
The COMPANY may verify at any time the compliance with the above conditions. In case of non-compliance, it may
terminate the contract early without giving rise to payment of compensation, without prejudice to the application of the
fines established in favor of the COMPANY for non-compliance with the minimum duration, when applicable. THE CLIENT
will be responsible for the payment of the charges for the contracted service(s). The delay or simple late payment of the
respective service or part of one of them, will generate the application of financial costs on the owed amounts according to the
maximum interest for late payment allowed by law, which will be applied from the date of default until its actual payment. TWELFTH.
DURATION OF SERVICE. The contract for the provision of internet service has a DURATION OF TWELVE (12) MONTHS. Once
upon the expiration of the initial term of the contract, it will be automatically extended for the same term or according to a prior written agreement between
the parties will be extended for monthly periods. Likewise, upon completion of the initial term, either party may terminate
terminated at any time the contract with a notice period of no less than thirty (30) calendar days. THIRTEENTH.
TERMINATION. This contract will terminate: 1) Upon expiration of the agreed term, provided that THE CLIENT expresses in writing,
at least thirty (30) calendar days, your intention to terminate it. If the notice is not given under the conditions set forth here,
it will automatically be extended for a period equal to that initially agreed upon, or as previously agreed in writing between the parties
will extend for monthly periods. To make the termination of the Broadband Internet access service effective, THE CLIENT
must be up-to-date with its obligations to A Y A RADIO COMUNICACIONES S.A.S, and must comply with the procedure established for
Such effect, it is indicated. 2) Due to force majeure or unforeseen circumstances that prevent the supply of the service subject to this.
contract. 3) For non-compliance with the obligations of one of the parties. 4) Fraud. 5) After the first validity has passed.
contract, either party may unilaterally terminate it for any reason without entitlement to compensation. In
In this last case, for the unilateral termination of the contract, written notice will be given by mail, email, or fax to the other party, with a
no less than thirty (30) calendar days in advance of the requested date for service withdrawal. THE CLIENT must be up to date in
your obligations with THE COMPANY in order to request the withdrawal of the service. PARAGRAPH 1: If before the expiration of the first
if the CLIENT unilaterally terminates the contractual relationship without just cause, they must pay the amounts
corresponding to the months remaining until the agreed expiration. PARAGRAPH 2: In any case, after the termination of
contract, the company will withdraw the modem within ten days following. FOURTEENTH. REGULATION. Those aspects not
expressly regulated in this contract, shall be governed by the rules of the Commercial Code and the Civil Code and other regulations
Regarding telecommunications insofar as it is relevant. FIFTEENTH. SPECIAL CLAUSES OF THE SERVICE CONTRACT
INTERNET BANDA ANCHAPRESTADO PORA AND RADIO COMUNICACIONES S.A.S. In compliance with the provisions established in the Resolution
No. 575 of 2002, issued by the Telecommunications Regulation Commission, this contract includes an annex of conditions.
specials and minimum stay.

III. SPECIAL CLAUSES


In compliance with the provisions established in Resolution No. 575 of 2002, issued by the Telecommunications Regulatory Commission,
Through this annex, the knowledge and acceptance of the following conditions is ensured:
1) The BROADBAND INTERNET SERVICE contract includes a minimum retention clause; automatic renewal and penalties for
early termination, once they have been accepted by the subscriber links them according to the conditions set out in the
26th Street No. 16-25 local 1 Armenia Quindío
Mail:calidad@[Link]- ventas@[Link]
MY YEAR.
Code: AF-OT-002
Version: 04
SERVICE AGREEMENT Date: June
INTERNET SERVICE 2014
Page: 5 of 5

present contract. 2) By signing this contract, THE CLIENT authorizes, regarding their identification, to report, process, request and
disclose commercial information and credit behavior. 3) The provision of the service and its potential requests for
Transfer or modification are subject to the approval of the respective technical and commercial feasibility. Suspension for non-payment: The
clients of the Shared Access Internet service who are overdue on one (1) invoice will have the service suspended.
Service discontinuation: The service will be permanently withdrawn after the third (3) accumulated unpaid bill. 4) For reconnection
of the service, when this operation occurs due to the payment of overdue accounts or at the request of the customer if the suspension has
of a voluntary nature, a cost of FIFTEEN THOUSAND PESOS MCTE ($15,000) is established. The charge for the service transfer will be
NINETY THOUSAND PESOS MCTE ($90,000.00) 16% VAT included. Subject to technical availability and authorization from the administrations.
in buildings and multi-family units. It includes the configuration of the CPE and the installation of the internal network. The latter does not include civil works or
adjustments. IMPORTANT NOTE: It is mandatory that the electrical adjustments are in perfect condition and thus
the client must provide a connection port for the installation of the service to a power regulation equipment and the
respective poles to ground in such a way that the stability of the equipment being installed is guaranteed.

IV. ACT OF DELIVERY OF THE EQUIPMENT AS A LEASE


Remember that the equipment described in the TECHNICAL SOLUTION is provided on a lease basis, as depicted.
in point 2. of the equipment lease contract (for access to Broadband or Dedicated Internet). It is understood that the CLIENT
it safeguards the equipment installed for it under a lease.
EQUIPMENT DESCRIPTION: SEE FORMAT SV- FR - 020: LINE OF SIGHT RECORD, INSTALLATION, REMOVAL, DELIVERY AND
MAINTENANCE OF CLIENT EQUIPMENT AND INFRASTRUCTURE. This format describes all the equipment that is installed or
Therefore, the SV-FR-020 FORMAT is an integral part of the service provision contract.
I accept to know and agree with the
Points described here for the chosen plan
Client Company: __________________________________________
Name: ______________________________________________
Identity Document: _____________________________

ELEMENTS THAT EACH CLIENT'S FOLDER MUST CONTAIN FOR THEIR CONTROL AND TECHNICAL SUPPORT PROCESS
1. DOCUMENT SV-FR-020 LINE OF SIGHT REGISTER, INSTALLATION, REMOVAL, DELIVERY AND MAINTENANCE OF CUSTOMER EQUIPMENT (Signed by
client and company employee
2. TECHNICAL SOLUTION
3. CONTRACT (Signed by client or legal representative)
4. PHOTOCOPY OF THE ID OF THE MANAGER OR SUBSCRIBER OF THE SERVICE.
5. CHAMBER OF COMMERCE (In case of being a company)
6. RUT (In case of being a company)
7. DOCUMENT SV-FR-020 WHEN TECHNICAL SUPPORT IS PROVIDED ONSITE (This must be filled out each time it is necessary to visit the client for assistance.
support
technician.

26th Street No. 16-25 local 1 Armenia Quindío


Mail:calidad@[Link]- ventas@[Link]
MY YEAR.

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