TERMS AND CONDITIONS FOR AGREEMENT

We have written this Agreement in plain language because we want you to fully understand its terms. Please read your copy of this Agreement carefully and feel free to ask us any questions you may have about it. We use the words customer, you and your to mean the Customer. The words we, us, SYNERGY BROADBAND, and our refer to Synergy Broadband. You and we agree as follows:

1. Agreement- We agree to provide you and you agree to purchase from us the following services: Broadband Internet to the Worldwide Web (“Services”), pursuant to the plan chosen on your contract.

2. Credit Standards- Synergy Broadband reserves the complete discretion to establish credit standards. Customers whose credit records meet our standards may combine any number of services into one account. However, Synergy Broadband will require the signature of your authorized representative (s). Furthermore, you agree (1) to designate such representative(s) in writing. (2) To give Synergy Broadband reasonable written notice of any change of such representative(s), and (3) that you will retain complete payment responsibility for all changes.

3. Additional Terms- This Agreement shall take effect at the first billing cycle after we have approved your request for Services. By signing this agreement, you agree to a minimum service period with us (The “Minimum Term”) of one (1) year for your Broadband Internet Account. The Minimum Term starts when this Agreement takes effect. Regardless of the type of services utilized, and regardless of the date when any individual account is activated, the Agreement shall apply to your entire account throughout the Minimum Term. 3a) CARE, USE, AND LOCATION: You will keep the Router only at your address on the signed contract, or on any attached schedule, and you will only use it in compliance with all applicable laws and Synergy Broadband’s Net Abuse Policy. You will not make any alterations to the router without prior written consent. 3b) WARRANTIES: If we are providing equipment to you we provide “AS IS”. We make no warranties, express or implied. You understand and agree that we are independent from the manufacturer or supplier of any equipment provided or purchased and that neither the manufacturer nor any other person is our agent nor are they authorized to waive or change any term or condition of this agreement. You agree that no representation, guarantee, or warranty by the manufacturer or other person is binding on us. You agree that any breach by a manufacturer or other person will not relieve or excuse your obligations to us. Regardless of cause, you will not assert any claim whatsoever against us for loss of profits you expected to make or any other direct, consequential, special, indirect, exemplary, or punitive damages. 3e) OTHER RIGHTS: You agree that any delay or failure to enforce our rights under this Agreement (or under any schedule(s) to this agreement or any other agreement) shall not prevent us from enforcing any rights at a later time. Both parties intend this Agreement to be a valid and legal document and agree that if any part is determined to be unenforceable, all other parts will remain in full force and effect.

4. Rates and Charges- For as long as you subscribe to our service you agree to pay the applicable service rates for the service plan you have selected along with all charges properly billed to your account. All charges outlined in this contract will not increase during the length of this agreement.

5. Late Charges- Payment is due on the date indicated on the service bill. Balances by you, which remain unpaid on the next billing date, shall be considered in default and are subject to a late fee of $25 at our discretion. Accounts in default accrue late charges of one and one-half (1-1/2%) of the balance due per month, or the highest rate permitted by law, whichever is less.

6. Early Cancellation Fee- If you cancel Service before the end of the Minimum Term, then you must pay the applicable Early Cancellation Fee. The Early Cancellation Fee is 100% of the term commitment. This is calculated by taking the outstanding months remaining on the contract and multiplying it by the applicable term plan monthly rate. In addition, where applicable, the customer is responsible for cancellation charges related to what would have been applicable one-time set-up fees as determined by Synergy Broadband at its sole discretion. Synergy Broadband agrees that in the event that a client from one of our MTU (multi-tenant units) leaves the building, that we will release the client from the contract with a 3-month penalty. This is providing that Synergy Broadband is not responsible for contracts with other up-stream providers. In that case we would enforce the full term of the contract as stated above.

7. Change of Service Plan- You may change to another higher Service Plan at no charge.

8. Deposits- We may require a deposit as security for payment of service charge. A deposit is a security payment equivalent to the last month’s recurring charges. However, we may apply the deposit at any time to any amount overdue or unpaid after service has been disconnected. In order for services to be reconnected you must pay any and all reconnection fees and a new deposit equal to two months service.

9. Renewals- The Agreement is automatically renewed at the end of the Minimum Term, for one (1) year, unless we are notified by mail at least thirty (30) days prior to the expiration of the Minimum Term.

10. Termination of Service- You may terminate Service by notifying us of your intention to do so. However, you are responsible for payment of outstanding charges for the period during which we provide you with Service, including any applicable EARLY CANCELLATION FEES. Unlawful or interfering use of Service or violation of local or Federal Law will result in termination of this Agreement without notification. We reserve the right to terminate this Agreement if you have made any false statements for purposes of inducing us to extend services to you. We reserve the right to terminate this agreement for any reason including, but not limited to, the termination of our service.

11. Default- If you do not pay any charges owed to us when due or if you violate any of the terms of the Agreement, we have the right to discontinue or restrict your service either temporarily or permanently. In either case, we shall incur no liability whatsoever. However, before restricting or discontinuing your Service, we will give reasonable notice of our intentions. If we refer your account to an attorney or agency for collection, you agree to pay your actual collections costs, including court costs and reasonable attorney fees, unless prohibited by law. An additional $25.00 charge will be imposed for each check returned unpaid.

12. Availability- We will use our best efforts to provide you with quality Service without interruption. Service is subject to transmission limitations beyond our control. Service may be temporarily unavailable or limited because of the capacity limitations of our up stream provider or Telco availability. Service to any and all customers may be temporarily interrupted or curtailed because of equipment modification, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in the event a scheduled interruption is planned, reasonable notice will be given.

13. Governing Law- This Agreement shall be deemed made and entered into in the States of Michigan and shall be construed and enforced in accordance with and governed by the laws of the State of Michigan. All disputes between the parties hereto, including, but not limited to, those relating to this agreement, shall be governed and enforced by the laws of the State of Michigan.

14. Payment of Costs- In the event you default in the performance of any term or condition of this Agreement or in the payment of any sum of money due under this Agreement, or in the event we have any claim against you, you shall pay all reasonable costs, charges, attorney fees, and expenses incurred by Synergy Broadband in enforcing the terms and conditions of this Agreement and in pursuing its claims.

15. Limitation on Damages- In no event shall Synergy Broadband and/or any of its agents, employees, officers, parents, affiliates, subsidiaries, successors, directors, brokers, and/or attorneys (“Synergy Broadband Parties”) be liable to you for lost profits and/or punitive or exemplary, incidental, consequential, special and/or indirect damages in any action arising out of or related to: (1) this agreement; (2) the rights granted hereunder; (3) any breach, termination, cancellation or non-renewal thereof; (4) your business; (5) the services; (6) the router; and/or (7) any act, omission, and/or negligence of any of the SYNERGY BROADBAND Parties. Claims against the Synergy Broadband Parties shall be limited to recovery of no more than the sums paid Synergy Broadband for the Services. Synergy Broadband shall not be liable for any damages caused by delay in delivery, installation or furnishing of the services, the Router, and/or periodic and/or recurring interruption in the Services being provided under this agreement. Customer shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which Synergy Broadband are to function. No action arising out of any claimed breach of the agreement or transaction under agreement or regarding the services and/or the Router may be brought by you more than 90 days after the action has accrued.

16. Assignment- Synergy Broadband may assign this agreement or assign the right to receive payments without your consent. You may not assign this agreement without Synergy Broadband's prior written consent, which may be withheld in Synergy Broadband’s sole discretion.

17. Indemnity- We are not responsible for any injuries or losses to you or any other person caused by your use of the services or equipment. You agree to indemnify, defend, and reimburse us for expenses, including attorney fees, and claims for such losses or injuries, including those arising out of negligence, tort, or strict liability claims. This indemnity shall continue even after the term of this agreement has expired and/or after termination of this agreement.

18. Entire Agreement/Changes- This agreement contains the entire agreement between you and us and it may not be altered, amend, modified, terminated, or otherwise changed except in writing and signed both by you and us. A limiting endorsement on a check or other form of payment will not be effective to modify your obligations or any of the other terms and conditions of this agreement, and we may apply any payments received without first being bounced by such limiting endorsements.

19. Forum Selection- You agree that any disputes hereunder and/or between the parties hereto which are not required to be arbitrated, which are submitted to a judicial forum shall by exclusively subject to the jurisdiction and venue of the Federal (U.S. District Court, Eastern District of Michigan, Southern Division) or state courts of the State of Michigan, County of Washtenaw, and you hereby consent to and submit yourself to the jurisdiction and venue of said Federal court or the courts of said County. The parties hereto hereby acknowledge that this Agreement affects matters of interstate commerce and commerce in many different states and, in order to promote consistency of interpretation and obligations to Synergy Broadband hereunder, said selection of forum and submissions to jurisdiction as aforesaid is reasonable and equitable.

20. Availability- Service subject to scheduled down times.

21. Missed Appointment Fees- Customer is responsible for any charges due to installers not having access to customer’s property, house, room, etc.

22. Cancellation Fees- Customer is responsible for any cancellation charges.