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This agreement ("Agreement") is between Te Conectamos, LLC d/b/a Tekwerks Internet ("Provider", or "Tekwerks") and the End-User ("End-User"). Any Provider services or products ("Services") made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age (18 years or older) to enter into this Agreement.

TERMS AND CONDITIONS.The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End-User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by End-User at any time are hereby objected to by Provider, and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall not be binding in any way on Provider. No waiver or amendment to this contract or these terms and conditions shall be binding on Provider, unless made in writing expressly stating that it is such a waiver or amendment and signed by a duly authorized representative of Provider.

TERM. Unless otherwise indicated, the Service is month-to-month with no term. The term of this Agreement ("Term") is based off the date that End-User purchases Services and is anniversary date billing. At the end of each monthly date, the Term is automatically renewed for the following month unless End-User provides Provider, prior to the end of the current Term, notification of intention to terminate the service. End-User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End-User of responsibility for paying all unpaid, accrued charges due hereunder.


EMERGENCY SERVICES 911 DIALING. Tekwerks's 911 Dialing will be implemented and operational with the Service. Service may not be used in any geographical area different from that reported to Tekwerks as the Customer's installation site. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.  By using this Service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers. This website provided by the FCC explains how VoIP works with the 911 system in greater detail.

E911 WITH CORENEXA. Tekwerks provides mobile access to the VoIP extension through the use of the Corenexa mobile application on iOS or Android. End-User acknowledges that the E911 location for their extension is tied to the location provided for the physical phone. Service may not be used in any geographical area different from that reported to Tekwerks as the Customer's installation site. End-User acknowledges the Corenexa app is not to be used for E911 calling if out side of the address provided as the Service address.

REGISTRATION OF PHYSICAL LOCATION REQUIRED. For each phone number that you use for the Service, you must register with Tekwerks the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address, and emergency personnel may be dispatched to the incorrect location. Always use your VoIP service only at the physical address that we have registered for you with e911.

OUTAGES DUE TO ELECTRICAL, INTERNET, OR OTHER GENERAL FAILURES. End-User acknowledges that the Services will not function in the absence of electrical power, access to the Internet or other general failures associated with the VOIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User's broadband or high-speed Internet access service.

BATTERY/GENERATOR BACKUP SOLUTIONS. In order to comply with this FCC order, End-User acknowledges that battery backup is recommended with VoIP service.

NON-VOICE SYSTEMS. End-User acknowledges that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions, End-User waives any claim against Provider for interruption or disruption of such systems by the Services.

TELEPHONE NUMBER. Telephone numbers provided by Provider ("Number") to the End-User shall be leased and not sold. End-User is not to use the Number with any other device other than the Equipment without the express written permission of Provider. Provider reserves the right to change, cancel or move the Number at its sole discretion. If, however, the End-User chooses to 'port' their existing phone number into the Provider VoIP service, the End-User shall also be able to 'port' the number out of the Provider network upon termination of service if the End-User has maintained an account in good standing with Provider.

UNLIMITED MINUTE USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES OR PLAN. "Unlimited" usage includes local and long distance calls to the U.S. (Hawaii and Alaska included) and to Canada. Unlimited usage includes up to 5000 minutes. Overage is billed at $0.05 per minute. Studies show that the average customer uses about 1000 minutes per month.  Provider reserves the right to review usage of unlimited minute usage plans to ensure that there is no End-User abuse of such plans.  End-User agrees to use unlimited minute plans for normal voice calls and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by Provider.  Provider may terminate service immediately if, in its sole discretion, End-User is abusively using the unlimited minute plan.

PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End-User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End-User by Provider or its vendors.


USE OF SERVICE AT YOUR OWN RISK The customer is solely responsible for the content of communications on the Internet. The service provided by Tekwerks is "as is" and at your own risk. Tekwerks denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. Tekwerks is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

SERVICE DISRUPTION Tekwerks does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts God, Tekwerks equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. Tekwerks does not guarantee any loss of service time, transmission errors, connectivity or quality of service. It is our mission to provide the most reliable and robust network for all our customers, and we do so to the best of our ability. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or "life-line" telecommunications service.

INSTALLATION The customer authorizes Tekwerks or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer's premises. Installation for Fiber and copper customers may be different and specifics will be outlined in customer contracts. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer's premises may require addition costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). Tekwerks and its contractor(s) will not be liable for any alterations to customer's premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS For customers receiving service through our wireless network, wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). Tekwerks will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. Tekwerks will make every reasonable effort to relocate or realign the SU. However Tekwerks cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

EXCESSIVE BANDWIDTH CONSUMERS Customer activities that consume unusually large amounts of bandwidth may be subject service interruption. If our monitoring system recognizes that customer uses over 90% of its available bandwidth 90% of the time, we will approach customer for an increase in bandwidth and/or an examination of the status of their network. Excessive bandwidth usage may be a sign of virus, malware or other systems infection violating this agreement, and must be managed by customer without delay. When excessive consumption of bandwidth by a customer prevents all customers fair access to the Tekwerks wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

SERVICE SHARING If at any time Tekwerks discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of Tekwerks, service will be immediately terminated to the customer with no refunds of any kind.


CELLULAR INTERNET BACKUP. Wireless Internet Backup also referred to as "Always-On" is a secondary Internet service and may have limited functionality during failover of the primary Service. Tekwerks selects the Third-Party Network from multiple network operators for each Service Location. Customer acknowledges that (i) may be unavailable if the wireless device used in providing Service is not in range of a transmission site; and (ii) there are many factors that may impact availability and quality of WIA Service, including without limitation, network capacity, signal strength, terrain, trees, placement of buildings, environmental conditions, the characteristics of the physical wireless device and any device to which it is attached, government regulations, maintenance, or other activities affecting service operations;(iii) service interruptions may occur as a result of acts of third parties that damage or impair the Third-Party Network or in connection with modifications, upgrades, relocations, repairs or other similar activities conducted by the Third-Party Network operator; and (iv) data delays and omissions may occur. Tekwerks does not guarantee any bandwidth specifications and actual Internet upload and download speed, also known as throughput rate, may vary. The Third-Party Network operators may also suspend services from time-to-time. Customer waives all rights and claims against Tekwerks and the Third-Party Network operators related to, or as a result of, the unavailability or quality of Always-On Service and/or the Third-Party Network.

POWER DISRUPTIONS. Always-On Service equipment is electrically powered and will not work in a power outage. Tekwerks may supply Customer with a battery backup for use in the event of a power outage in connection with the Wireless Internet Backup service. WIA SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, WIA SERVICES WILL NOT WORK

TERMINATION. If Customer cancels Always-On Service, in addition to any applicable Termination Charges, Customer shall pay all Service Charges for the Service through the end of the monthly billing period during which the WIA Service was cancelled, including charges for exceeding any data usage limitations that applied to a Wireless Internet Service plan, and applicable taxes and fees.



EQUIPMENT. In offering the Services, Provider may supply Equipment to End-User. The Provider shall maintain ownership of all provided equipment. End-User shall be required to obtain authorization from Provider to return any Equipment. Provider will replace Equipment only if the Equipment is deemed to be defective and covered under the warranty. Provider will not cover replacement for lost, stolen, mistreated or modified equipment. Equipment returned by End-User that is not covered under warranty may be refused by Provider, and End-User will be responsible to pay return shipping charges.  A fee of $70 per VOIP adapter will be charged to any End-User who damages Equipment or does not return the Equipment in good working order upon account termination.

BILLING, CHARGES AND PAYMENT. Upon purchase of the Service and delivery of the equipment, End-User must provide a valid form of payment (Credit Card, check, or Checking Account routing number) End-User authorizes Provider to charge the End-User for all charges arising from End-User's use of the Services. End-User agrees to notify Provider of any change to the credit card or checking information including, but not limited to, changes in account number, expiration date or billing address. Provider shall not be responsible for any charges made by the credit card issuer or bank to End-User's credit card or checking account for exceeding credit limit, insufficient funds or other reasons.

Provider will send or make available to End-User a monthly on-line invoice for the Services and bill all charges invoiced to End-User's account to the End-User. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees, toll charges and any other applicable charges are paid in advance of each month's service. Billing for monthly service fees commences upon purchase of the Services. Billing for monthly phone services will occur in advance of the month the Services are provided.

LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined End-User credit card charges, Provider may suspend or terminate the Services and all accrued charges shall be immediately due. If End-User fails to pay Provider within 45 days of billing date, Provider has the right to disconnect the Services without notice and/or send to collection. Upon disconnect, End-User agrees to immediately pay all amounts owed to Provider. Provider reserves the right to charge End-User a $50.00 re-establishment of service fee.   Upon disconnect a valid credit or debit card will be required to reinstate service.

Prices for the Services include any applicable customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes.

End-User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances are under the sole discretion of Provider.

From time to time in its sole discretion, Provider may offer promotions or discounts on activation or other fees. Any promotion or discount codes must be entered by End-User upon purchase of the Services. End-User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.

BILLING DISPUTES. End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End-User waives any objection.

LOST, STOLEN, ALTERED OR BROKEN. End-User shall not modify the Equipment in any way without the express written permission of Provider. End-User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End-User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End-User shall immediately notify Partner of any lost or stolen Equipment and shall cooperate with Provider in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Provider's sole option, failure to report lost or stolen equipment in a timely manner will cause End-User to be responsible for all service fees accrued until the time that Provider is informed of the loss or theft and can effect a termination of the Services.

PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of Provider or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither Provider nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End-User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Provider. Use of service shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage, unless specifically agreed to otherwise in writing by Provider and End-User.

EARLY TERMINATION. Tekwerks may, at its discretion, immediately terminate or reduce Service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the Tekwerks network C. Propagation of computer viruses and/or spyware; D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information E. Unsolicited blanket emailing known as "spamming", F. Any violation of local, state, federal or international law or that of any Sovereign Nations; and G. Downloading of illegal or unlawful content, spamming. There may be other circumstances not articulated here constituting abuse of network resources. Tekwerks will make every effort to inform and consult with our clients about these issues prior to any service interruption.

TERMINATION. End-User agrees to provide Provider with thirty (30) days notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Provider. Provider reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User's breach of this Agreement, End-User's failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, Provider, Provider's network or other End-Users' use of the Services. Provider reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End-User agrees that Provider's determination is final and binding on End-User. Provider may require an activation fee to change or resume a terminated or suspended account.

PRIVACY. Provider utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, Provider cannot guarantee the security of voice and video communications of End-User. Provider is committed to respecting End-User's privacy. Once End-User chooses to provide personally identifiable information, it will only be used in the context of the End-User's relationship with Provider. Provider will not sell, rent, or lease End-Users' personally identifiable information to others. Unless required by law or subpoena or if End-User's prior permission is obtained, Provider will only share the personal data of End-User with business partners that are acting on Provider's behalf to complete the activities described herein. Such Provider entities and/or national or international business partners are governed by Provider's privacy policies with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Provider may disclose personally identifiable information.

TECHNICAL SUPPORT. Provider will make available technical support to End-Users via telephone and e-mail for the Services and the Equipment provided. Support for other applications and uses is not provided or implied unless agreed to in writing by Provider and End-User.

BREACH. In the event of End-User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End-User shall reimburse Provider for all attorney, court, collection and other costs incurred by Provider in the enforcement of Provider's rights hereunder and Provider may keep any deposits or other payments made by End-User

INDEMNIFICATION. End-User agrees to defend, indemnify and hold Provider, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

DISCLAIMER OF CONSEQUENTIAL DAMAGES. In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Provider or its vendors or otherwise.

WARRANTY AND LIABILITY LIMITATIONS. Provider makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider's or End-User's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User's data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of Provider's or its vendors' negligence. Any claim against Provider must be made within 90 days of the event of the claim and Provider has no liability thereafter. Provider's liability is limited to repair, replacement, credit or refund. Provider may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider's total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the date of claim.

EXPORT COMPLIANCE. End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

SOFTWARE COPYRIGHT. Any software used by Provider in connection with the Services and any software provided to End-User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End-User may not copy the software or any portion of it.

NOTICES. Provider communicates with its End-Users primarily via email or customers portal. Notices to End-User shall be sent to the email address specified by End-User at the time of registration for the Services or as subsequently specified by End-User ("Email Address"). End-User is responsible for notifying Provider of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End-User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). Provider shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Provider that may occur in spite of Provider's best efforts.

MANDATORY ARBITRATION. Any dispute or claim between End-User and Provider arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules . The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW. The Agreement and the relationship between you and Provider shall be governed by the laws of the State of California without regard to its conflict of law provisions. End-User and Provider agree to submit to the exclusive jurisdiction of the courts located within the state of California for purposes of entering any arbitration award hereunder or for any other litigation hereunder. The failure of Provider to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT. The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Provider and End-User.

INTERPRETATION OF AGREEMENT. No provision of this Agreement will be interpreted in favor of End-User or against Provider by reason of the fact that Provider has drafted this Agreement.

Provider reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website www.tekwerks.com, and no additional notice will be required. Provider will post all changes thirty (30) days in advance of the effective date of change, with the exception of international calling rates, which require only 24 hours notice.   If End-User does not send Provider notification of its desire to terminate this agreement or uses the Service after the Change Date, End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End-User does not consent to the change of service and terminates this agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge may apply. Provider may decrease prices for the Services or Plans without providing any prior notice to End-User.

Customer Agreement Checklist

Customer agrees to the following conditions:

EQUIPMENT. I am aware that all equipment provided by Tekwerks shall remain the property of Tekwerks and shall be returned upon termination of my account unless otherwise specified by Tekwerks.

CANCELLATION. I agree to provide 30 days advance notice for account termination. I also agree to keep my account active and in good standing for the duration of any porting process to another provider. I am aware that if I cancel my VoIP service before porting my number to my new provider, I will not be able to transfer the number.