This Confirmation of Sale (“COS”) is an agreement by and between Customer and Bertram Communications, LLC d/b/a Bertram Internet, Bertram Wireless, Granite Wave and Bertram 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 hereby agrees to have Bertram Equipment installed at Customer’s premises at such time and in a manner approved by Customer and Bertram. 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 (If required).

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: One Year from the date of installation (“Installation Date”)

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 on a month to month term.

Reconnection Fee: $25

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. 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 as of 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.

RIGHT OF ENTRY

Customer is the owner of the property located at the Installation Address (the “Property”) and hereby grants Bertram permission to install a fiber optic conduit, cable and connection to the residence on the Property from the street (the “Fiber Connection”) across the Property to the residence (the “Fiber Area”). Customer agrees to and represents as follows:

A. Customer is the owner of the Property.

B. Customer agrees to allow Bertram and any employee, contractor, representative, or subcontractor of Bertram on to the Property to install, maintain, and repair the Fiber Connection.

C. Customer acknowledges that Bertram will determine the most expedient way to install the Fiber Connection, whether using an underground approach or some other approach, provided that Bertram will use reasonable efforts to restore any areas disturbed by Bertram’s excavation in the Fiber Area to the condition such areas were in prior to excavation, including only reasonable leveling and reseeding of grass. Customer shall be responsible to replace or restore any other landscaping elements that may be disturbed or destroyed.

D. Customer acknowledges that Bertram will install and maintain the Fiber Connection in a commercially reasonable manner, and will reasonably attempt to notify the Customer in advance of construction, repair, or maintenance activities, and will perform those activities between the hours of 8:00 a.m. and 7:00 p.m. Bertram will attempt to reasonably accommodate any rescheduling requests by Customer, but Customer will be responsible for any damages or loss resulting from any subsequent delays due to rescheduling.

 
E. Customer is responsible for maintaining the area above and around the Fiber Area to preserve access by Bertram for construction, maintenance and repair of the Fiber Connection. Failure to preserve free access to the Fiber Area will void Bertram’s obligation to maintain and repair the Fiber Connection.

 
F. Customer acknowledges that Bertram and/or its contractors will identify public utilities using the 811 service prior to commencing work on the Fiber Connection. However, Customer is responsible for marking the location of any and all private underground utilities on the Property, including septic sewer, electricity, water or other non-public utility prior to Bertram commencing work on the Fiber Connection. In addition, Customer shall, prior to performing any excavation or digging on the Property, identify any and all underground utilities using the 811 service. In the event that Customer damages the Fiber Connection or any underground utilities as a result of failing to identify and mark the same, Customer shall be responsible to pay to repair any such damage.

G. Customer may not use the Fiber Connection for any activity or purpose other than those explicitly approved by Bertram.

H. This agreement may be assigned or transferred by Bertram in Bertram’s sole discretion.