TERMS OF SERVICE

• GENERAL
  These Terms of Use (“TOU”) or Terms of Service (TOS)constitute a legal agreement between you and SPRY WIRELESS COMMUNICATIONS INC., SPRY BROADBAND LLC, or CONCIERGE BROADBAND LLC (the “Company”), the provider of this web site and related services (the “Company Site and Internet Services”). Your use of the Company Site and Internet Services is subject to the terms laid out in this document, so you should take the time to fully understand how it governs your relationship with the Company and how it affects the way you use the Company Site. By your continued use of the Company Site and Internet Services, you expressly agree to the terms found in this TOU. This TOU constitutes your entire agreement with the Company regarding the Company Site and Internet Services and governs any and all of your use of the Company Site and Internet Services. This TOU supersedes any and all prior or contemporaneous communication, proposals ,or intentions, whether electronic, oral or written, between you and the Company with respect to the Company Site and Internet Services. You agree that the TOU is not intended to confer and does not confer any rights or remedies upon any person other than you and the Company. We may amend the TOU at any time, from time to time, by posting an amended TOU on the Company Site. Any changes to the TOU will become effective immediately upon posting and may be changed without notice to you. This TOU may not be otherwise amended except in a writing signed by you and the Company. If you have questions regarding this agreement please contact the Company through the contact form on the Company Site.
• PAYMENT FOR SERVICES AND SERVICE CREDIT
  • All payments are due in full on your due date. Subscribers utilizing our credit card subscription service agree to have their fees paid monthly by automatic withdrawal. Spry encourages all customers to use the automated subscription option for payment of services. If your credit card is declined, or payment is not able to be made, Spry will notify you and request that payment be made and that a new subscription credit card be put on file within our billing system. Any subscription payments not made after 7 days of notification of failure to collect will subject your account to suspension.
  • All non enterprise Spry Internet Services, including residential and business accounts are provided on a subscription basis only.   All customers are required to have a credit card/or debit card on file with Spry.   By using our services you expressly authorize Spry to renew your subscription on the 1st day of each month by charging, debiting, or using ACH transfers to pay all subscription charges.
  • If you elect to have the company e-mail or mail an invoice to your billing address, payment must be received by the due date on the invoice. If payment has not been received within 7 days past the due date, the account may be suspended until the balance is paid in full. Spry reserves the right to add a $4.00 per month invoicing fee for the time and materials required to prepare and mail individual invoices. Payments may be mailed or put into the mailbox at 1361 Rich Lane, Buda, TX, 78610.
  • If your account becomes suspended for non payment of service fees, the company may add a reconnection and late fee of $10 to your account. 

Returned checks are subject to a $25 dollar Returned Check Fee to cover our costs.

• SERVICE PLANS AND DEFINITIONS
  All company service plans are provided as is with no warranty as to the performance of a wireless link. Obstructions such as trees, buildings, or any physical barrier may degrade the performance of a link. The company will work with subscribers when the possibility of a good remedy exists.  The company may charge a fixed or hourly fee for reworking a link that has become obstructed.
  
  All SERVICE PLANS are subject to change at anytime with or without notification to users. You agree that should the network require you to increase or decrease your plan that you will not seek damages. This is written due to certain phenomena that can cause a crippling effect on the Company network or other systems; Issues such as radio interference, Terminal Doppler Weather Radar (FAA and FCC) interference, obstruction interference, and others may require a change of plan due, in part to the amount of power that may be transmitted per FCC regulations.
  
  Most plans are UNLIMITED, meaning that there are no limits to the amount of data that can be consumed. The term unlimited does not extend to speeds, throughput, power output, bandwidth, or any other meaning.
  
  Plan speeds are based on availability and are not guaranteed in some locations due simply to the unpredictable nature of wireless links and interference.
  
  You agree that TERMINATION Company Internet service can be initiated at anytime for any reason. Issues such as inappropriate use, violation of the terms of service, or causing network failure due to conditions at or near your service point are some examples.
  
• SERVICE CREDIT
  Internet service disruption may occur at any time. This is a normal aspect of running a complex distribution network. Outages lasting  48 hours are a possibility, and in such case the company shall NOT be liable for any compensation due to service interruption. Should your internet be unavailable for longer than 48 hours, you may request a service credit equal to the prorated monthly to your subscription rate minus each day you experienced difficulties. Company reserves the right to determine if a service credit will be issued regardless of duration of disruption. If you qualify for a Service Credit, that credit will be reflected on the second billing cycle after the claim. For example, if you experience 3 days without service in January, then your credit, for 3 days of service would apply to the March statement. You are responsible for paying 100% of the invoice for the following month, February in this example. Should you discontinue service prior to receiving the credit on your bill, a check for the credit will be issued. In the event that your disruption is NOT caused by the Company, (router problems, cables not properly connected to your equipment, power outages etc) claim for credit will not be honored. Any question about billing may be made by e-mail to billing@sprywireless.com or by calling (512) 729-7797.
• PROTECTING CPE UNITS (Customer Premises Equipment)
  Surge Protectors:  It is strongly recommended that all computer equipment and especially your sensitive wireless antenna equipment be connected to a computer surge protector with a rating of at least 2,000 joules or higher to help protect from power surges. These surge protectors commonly cost approximately $30 or more from most stores. You will certainly get what you pay for as far as protection goes, and more is better than less. A “Relocatable Power Tap” or common power strip is not a surge protector and provides no protection even if it appears to have a reset button or switch. Uninterrupted Power Supplies (UPS’s) usually provide even better insurance against power fluctuations of both high and low voltage conditions and are highly recommended. Surge protectors which are older than 1 year should be replaced and may no longer provide adequate protection. Subscribers will be responsible for the cost of replacing damaged radio equipment regardless of cause. Replacement devices are $199 plus any applicable taxes.  Additionally a charge may be assessed for installing the new equipment at the Company’s  discretion.  
  
  Any wireless device(s) installed on your property for the use of access to the the company network is considered a CPE.  The company shall maintain ownership of all CPE equipment installed at the customers’ site. All CPE devices are for the specific customers location and may not be moved, altered, or programmed in any way. You agree that any CPE devices on your property are solely the property of the company and are leased from the Company. In some instances, depending on variations of CPE devices required to provide you with service, the Company may add an additional fee to your invoice, in one or more billing cycles, to cover the cost of higher priced CPE units.
  
  Upon your cancellation of service with the Company, you grant the company staff permission to enter your property to remove any leased CPE equipment used to access service. This access is only for external areas of the property where the CPE is located, typically on the roof or eaves. The only equipment inside the residence which must be returned is the POE (Power over Ethernet) device which powers the outside CPE.
  
  Should you be unwilling to allow the Company to retrieve the CPE, or if you damage the CPE, you agree to pay a $345 equipment replacement charge, time, labor, and other expenses.
• MODIFICATIONS
  From time to time it may be necessary for the Company to update or revise certain provisions of the TOS. By using the Company’s Services and accepting the TOS, you agree that the Company may modify the terms of the TOS, including, but not limited to, those terms related to the charges (if any) associated with your use of Company services. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of Company services constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by the Company, or to any of the terms in the TOS, your only remedy is to stop using the Company Internet services.
• RESIDENTIAL SUBSCRIBER CONDUCT
  The Company Service as offered and provided under this Agreement is a residential service offered for personal, non-commercial use only. Subscriber will not resell or redistribute (whether for a fee or otherwise) the Company Internet Service, or any portion thereof, or otherwise charge others to use the Company Service, or any portion thereof. Subscriber agrees not to use the Company Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
• BUSINESS SUBSCRIBER CONDUCT
  The Company Service as offered and provided under this Agreement is a business service for use by your business and its associates at the main location at which the CPE was installed. Subscriber may not extend or retransmit the Company Service to any other physical address or location, including business locations, without said locations being directly provisioned by the Company for use on the business account. Subscriber will not resell or redistribute (whether for a fee or otherwise) any Company Services or any portion thereof, or otherwise charge others to use the Company Service, or any portion thereof. Subscriber agrees not to use the Spry Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
• INAPPROPRIATE USES
  The Company  Services must not be used:
  
  (a) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person’s privacy;
  
  (b) to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
  
  (c) harm minors in any way;
  
  (d) impersonate any person or entity, including, but not limited to, Spry Wireless services, employees or representatives, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  
  (e) to store, publish, distribute, or otherwise disseminate child pornography or similar material;
  
  (f) in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
  
  (g) to interfere with any other subscribers use and enjoyment of Spry Wireless services;
  
  (h) in any way that deliberately degrades or disables Spry Wireless services or any other computer system or to prevent or impede the delivery of any legitimate data;
  
  (i) to make inappropriate postings to news groups, chat rooms, electronic bulletin boards and any other forum on the Spry Wireless site or elsewhere; or
  
  (j) by persons under the age of 18 to purchase products without the involvement of a parent or guardian. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on on the Company network are updated on a real time basis and are proprietary to us or are licensed to the Company by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Company without the prior expressed written permission of the Company or the appropriate third party.
  
  
• PROMISES OF SERVICE DETAILS AND QUALIFICATIONS
• ARBITRATION
  Any legal controversy or legal claim arising out of or relating to this TOU or the Company Site, excluding legal action taken by the Company to collect our fees and/or recover damages for, or obtain an injunction relating to, the Company or the Company Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, the Company wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Buda, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Buda, Texas necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, the Company may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, the Company shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
• TERMINATION
  You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your access to the Company Site and the Company services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Company service (or any part thereof), (e) unexpected technical or security issues or problems,  (f) offensive material, including but not limited to, lewd content, profanity, physical or verbal abuse of Company staff or its assigns, and (g) extended periods of inactivity. Termination of your the Company services includes (i) removal of access to all the Company services and the Company Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by the Company (or any part thereof), and (iii) barring further use of the Company Site and the Company services. Further, you agree that all terminations for cause shall be made in the Company’ sole discretion and that the Company shall not be liable to you or any third party for any termination of the Company Site or the Company services.
• LIMITS OF LIABILITY
  You agree to hold the Company., its associates, technical staff, management, or any other entity the company may do business with NOT liable for ANY damage that may occur to your property due to lightning or other acts of god not under the direct control of the Company. The Company highly recommends that your main ethernet cable coming from the Company CPE be routed through a surge protection device in your home.
• PRIVACY POLICY
  We, (the Company) care about your privacy, but we do have to collect data. Therefore, we promise to use your data responsibly. We are accountable for our the collection and use of your personal information.
  
  We collect user information from you when you make a request for service so that we may contact you and can bill for our services. We will have to share your data with a few companies, such as our credit card processor, but we promise never to sell your data to marketers. We believe that this make the Company better than our large, lumbering competitors. We may also collect personal information from other sources such as credit bureaus who we believe have the right to disclose the information.
  
  When you visit our website, we collect anonymous data in order to check which pages on the website are popular. We do not sell or share this data.
  
  Network protection
  We do have to keep track of what happens on our network in order to stop viruses and other network problems. If we think that your computer is infected, we may contact you and ask you to do a virus scan. We do not open packets and inspect them [some ISPs will say: We will only inspect your traffic if it seems likely that you are spamming or infected].
  
  CALEA
  Spry Wireless complies with CALEA, the Communications Assistance for Law Enforcement Act of 1994. If subpoenaed under CALEA, we may have to provide logs or copies of everything that you do online AND we are not allowed to tell you. Everyone who uses the internet should read about CALEA. A good place to start is at the EFF.
  
  Breaking the law
  If you use our services to do something illegal, then you have broken the terms of service (TOS) of the Company, and we will no longer guarantee your privacy. However, we promise to require proof, and not take the word of any government entity, corporation, or individual who — without proof — makes an accusation.
  
  If there’s a breach
  If hackers steal data from the Company, we promise to notify all of our customers as soon as we know about the breach. We promise to describe the data that was stolen, but we do not promise to explain how the data was stolen.
  
  Changes
  We promise to tell you about any major changes to this privacy policy directly, through an e-mail. We promise to describe the changes in plain English.
  
  If Spry Wireless is purchased by another ISP, this privacy policy is void, and the purchaser’s privacy policy is in place. If this happens, you will be told about the new privacy policy by e-mail, and will also receive a copy of the new privacy policy by e-mail.
  
  Because e-mail addresses may change and because e-mails may be missed, we suggest you check here, from time-to-time, to see if there has been an update.
  
  “This is not an NDA” clause
  Unlike some of our competitors, we do not say that you lost your freedom of speech by reading this web page.
  
  Social Security Number
  We promise never to collect, share, or use the your social security number, unless absolutely required by law, and even then, we will notify you if we do so (if we are allowed to — see CALEA above).
  
  Challenging compliance
  A customer shall be able to address a challenge concerning compliance with the policy.
• Spry Business Class/Concierge Business Class Service Level Agreement (SLA)
  The Company is committed to providing its customers reliable, responsive and personalized service. To ensure that our business priorities are aligned with our customers, Company provides the following Service Level Agreement (SLA) to subscribers of its business services.
  • Network Availability: 99.99
  • Network Latency: < 20 millisecond round trip
    Packet Loss: < 1%
    
    Service Level Coverage Boundary
    This service level agreement covers the “Company Network”. The Company Network means the infrastructure and/or facilities that are under the Company’s direct control. The company Network excludes all Customer Premises Equipment (CPE) provided by customer, the Internet beyond the Company Network, and any other networks, servers, or components not within the Company Network. To facilitate service level monitoring and verification, the Company maintains a test server (“Test Server”) at the outer boundary of its network. All performance measurements and references to Test Server shall mean the server at the boundary of the Company Wireless Network.
    
    Performance Verification
    In order to ensure accurate testing, all performance verifications will be measured from the customer Network Interface to the Test Server. The customer LAN will be disconnected during the test to ensure that customer traffic does not affect the verification results.
    
    Network Availability
    For this agreement, ”unavailability” shall mean the total inability to transfer data from the Network Interface to a known operational IP address on a public network. A period of “unavailability” commences when a trouble ticket is opened with Spry Support and Spry confirms the “unavailability”. Spry will use its commercially reasonable “best efforts” to provide and maintain 99.99% network availability. If Spry determines that service was not available for 24 or more cumulative hours during a calendar month, Spry will, upon the customer’s request, credit the customer’s account the prorated charges for (1) day for each full 24 hour period of “unavailability”.
    
    Committed Information Rate
    Company provides 100% Committed Information Rates (CIR) on its Business Service. Each Service will be configured and provisioned to operate to the full CIR specified for the product. The Company Network is engineered to ensure that even during peak network load, the service will be capable of transmitting or receiving network traffic (IP packets including data and packet overhead) within a 10% maximum variance of the CIR as averaged over a calendar month. Committed Information Rate does not apply to performance outside of the Company’s Network. If the subscribed bandwidth throughput is not met, Company will have 5 days to restore the throughput to specification. If the Company is unable to restore bandwidth throughput to the subscribed level, the customer may elect 1) to cancel the service without early termination fees or other penalty by providing the Company with written notice of its desire to cancel, or 2) to downgrade without penalty to the service bandwidth rate that is being received.
    
    Network Latency
    Business services are guaranteed to have Network Latency of 50ms or less within the Company Network. Network Latency means the round trip packet transit time between a customer network interface and the Test Server as averaged over a 30-day period. If the Network Latency guarantee is not met within a calendar month, the Company, upon customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the affected Company bandwidth service fee for each day the latency guarantee was not met, to a maximum credit of one month.
    
    Packet Loss
    Packet loss means the average percentage of IP packets transmitted between all Company base stations and the Test Server, averaged over a 30-day period, that are not successfully delivered. Packet Loss on the Company Network is guaranteed not to exceed 1% during a calendar month. If the packet loss guarantee is not met during a calendar month, the Company, upon customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the Company bandwidth service fee, to a maximum credit of one month.
    
    Additional Terms and Conditions
    This Service Level Agreement applies to customers in good standing (paid current). Customers with delinquent accounts or past due balances do not qualify for service credits or priority response. “Unavailability” does not include outages of less than one (1) hour. Service Level Agreement excludes outages, reduced bandwidth throughput and/or increased latency resulting from (a) Network maintenance, (b) circuits provided by other common carriers, (c) an external Internet supplier, Service Provider or an Internet exchange point, (d) acts of omissions of Customer or an authorized user, (e) behavior of Customer equipment, facilities or applications, or (f) acts of God, civil disorder, natural cataclysm, terrorism, radio frequency interference or blockage or other occurrences beyond the reasonable control of the Company. This document supersedes all prior SLA agreements. To request credits under this SLA, customers should email Customer Support at support@sprywireless.com or call (512) 200-4204 within 2 business days of the event.
• Site Licensing
  COMMERCIAL ACCOUNT SITE LICENSES
  All commercial (non consumer) accounts are considered to be sold under a site license agreement. All commercial accounts are required to have a service agreement with Spry Wireless Communications for a minimum term of 12 months. Service agreements include the terms and cost of services only. Equipment rental, lease, or purchase fees are not included as each wireless deployment may require specialized, or hybrid solutions.
  
  Installation charges and some equipment fees are billed separate from any agreements. All charges for installations vary and are determined at the commissioning of the agreement.
  
  In addition to monthly service charges for your internet services outlined in your service agreement, a monthly maintenance/lease/rental fee is charged. The charge is based on the type of equipment used. The “lease” costs cover all hardware and labor charges for life of the agreement. There are no additional charges in the event of equipment damage or failure or equipment upgrades. Additionally, the “lease” covers all Technician or Engineer time and labor.
  
  Monthly Equipment Charges or Lease Fees are Tiered based on equipment type, brand, or technology, Note that sales tax may apply:
  
  WHY A SITE LICENSE?
  Since Spry is a for profit business and our model is to sell internet to individual accounts, we seldom offer a site license. In some cases we may offer this arrangement to you as an easy way to get and redistribute our internet to other nearby persons, for a fee or for free. In a typical scenario Spry would send each of the residents or buildings on your property a signal, create an account for, and bill them individually, but we understand that this is sometimes not easily accomplished. So the site license is occasionally a good fit.
  
  WHAT THE SITE LICENSE PROVIDES
  The site license provides the main account holder the ability to “share” his internet connection with others, either in a multi person unit or in separate buildings close to the incoming feed. The licensee may redistribute the signal as they see fit. A site licensee may charge for the internet service or opt to give the internet away at no charge. Site Licenses differs from Spry’s standard terms of service (TOS) which forbid ANY REDISTRIBUTION OF THE SERVICE FOR ANY REASON.
  
  SITE LICENSE COSTS
  All Site License agreements are restricted to a specific tier of license. Each tier is based on the number of redistributions that the licensee can share with. Below are listed the tiers and current pricing for each
  
  Tier 1: $439.99/mo. This license is valid for up to 1 concurrent user of the Spry Network – single Point to Point
  
  Tier 2: $589.99/mo. This license is valid for up to 5concurrent users of the Spry Network
  
  Tier 3: $789.99/mo. This license is valid for up to 10 concurrent users of the Spry Network
  
  Tier 4: This level is available for any number of users and will be negotiated when requested. Tier 4 licensing is available to other WISP operations needing resellable bandwidth at speeds up 500Mbps within a non compete clause environment.
  
  SITE LICENSE AGREEMENT
  Spry Wireless Communications Inc. reserves the right to change, amend, update, alter, revoke, or discontinue any service or related license. By using the licensed service you agree to be bound by all terms and conditions of use.

Still Have Questions? Contact us today!