Terms & Conditions

These Terms and Conditions for Internet Services (this “Agreement”) by and between BeyondReach, LLC, an Iowa company with limited liability (“Beyond Reach”) and you (“You” or “Client”) cover ordering and using BeyondReach’s Services. BeyondReach and Client may each be referred to as a “Party” or collectively, as the “Parties.” By ordering or using any Services, Client agrees to be bound by this Agreement, BeyondReach’s Acceptable Use Policy, relevant Service Level Agreement for the Services, Privacy Statement, any of which may be updated from time-to-time.

1. Services and Equipment

• Services. “Services” means all services furnished by BeyondReach to Client as set forth in an applicable Service Order (may also be referred to as a “Statement of Work”). BeyondReach will provide Services under this Agreement in accordance with the applicable Service Order(s) agreed to by the Parties and issued
• Equipment. “Equipment” means the tangible items that are specified in and provided to Client pursuant to a Service Order issued under this Agreement and includes, without limitation, any devices, cabling, wiring and other equipment installed on Client’s premises by BeyondReach, its agents and subcontractors. Client will care for BeyondReach’s Equipment in the same manner that Client takes care of its own hardware of a similar nature, but no less than reasonable care. Client will provide BeyondReach’s Equipment with the necessary facilities, climate control, and AC power to maintain Customer will be charged for any lost or damaged Equipment.
• Service Order. All Services to be performed hereunder and Equipment provided therewith are to be specifically identified in Service Order as described herein and once such Service Order is accepted by BeyondReach it shall be considered as part of the Services.  CCR will make available to Client an online website (the “Client Portal”) where Client can enter into or amend a Service Order by adding or decommissioning services at service locations. Client agrees that it is responsible for the secrecy of its usernames and passwords to the Client Portal.
• Changes. Changes to a Service Order initiated by Client through the Client Portal and accepted by CCR constitute binding amendments to the Service Order.   Any charges associated with Service and Equipment installations, additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations in a Service Order, are the sole financial responsibility of Client. BeyondReach shall notify Client, orally or in writing, of any additional charges and/or adjustments to service fees associated with or applicable to such Client change requests prior to making any such additions or modifications. Client’s failure to object to such additional charges within three (3) days of receiving such notice shall be deemed an acceptance by Client of such charges. Client shall be assessed such additional One-Time Charges and/or adjusted Monthly Service fees, either (i) in advance of implementation of the change request or (ii) beginning on the Customer's next and/or subsequent invoice(s).
• Implementation Schedules. BeyondReach will use all commercially reasonable efforts to complete the Services and Equipment according to the implementation schedule in the Service Order. Client must cooperate with BeyondReach to ensure the timely completion of the Services and Equipment. Changes to the implementation schedule will be mutually agreed to in writing by the Parties, but such agreement will not be unreasonably
• Site Review. BeyondReach will perform an installation review of the site location prior to installation of the Services at that location. Client may be required to provide BeyondReach with accurate site and/or physical network diagrams or maps prior to the installation review. BeyondReach may directly or through its agents inspect the Client’s premises before beginning installation, and shall satisfy itself that safe installation and proper operation of its Equipment and the Services are possible in the location(s) provided by Client. If BeyondReach, in its sole discretion, determines that safe installation and/or activation of one or more of the Services will have negative consequences to BeyondReach’s personnel or Network and/or cause technical difficulties to BeyondReach or its customers, BeyondReach may terminate the Service Order effective upon prior written notice to Client or may require the Client to correct the situation before proceeding with installation or activation of the Services.
• Access to Premises. Client hereby grants BeyondReach (or its subcontractor or service providers), upon notice reasonable under the circumstances a right of entry to: (i) install cabling and Equipment necessary to provide the Services and the authority to execute any right of entry on its behalf; and (2) a right to repair, monitor, remove, or replace the Equipment during the Term and for 60 days thereafter. Customer is responsible for arranging facility and roof right access to BeyondReach in order for BeyondReach to provide the services outlined in this Statement of Work. Delays due to access rights not being granted are not the responsibility of BeyondReach. Customer is also responsible for ingress/egress access from the roof to a predetermined demarcation location; additional fees may apply if BeyondReach is required to provide the ingress/egress access necessary to complete the circuit. Client agrees on termination or expiration of this Agreement to allow for prompt return of the hardware.

2. Fees and Payments

• Fees. In consideration for providing Services and Equipment hereunder, Client will pay in U.S. dollars to BeyondReach the fees, prices, charges and reimbursable items and expenses pursuant to the terms set forth herein and in each applicable Service Order.
• Fees, Taxes, Surcharges. Client is responsible for and agrees to pay all fees, taxes, and surcharges associated with the Services and the Equipment. These taxes, include, but are not limited to, sales, use, value added, excise and all other federal, state or local taxes, surcharges, and customs duties, property tax surcharges, franchise cost recovery fees, federal access recovery fees, universal cost recovery fees, universal service fund and similar costs. Client is not responsible for taxes on BeyondReach’s net income or taxes for which Client provides BeyondReach with a proper tax exemption certificate.
• Invoices and Payment. BeyondReach will invoice Client in advance for the fees, prices, charges, and reimbursable items and expenses payable to Client may be charged a ten dollar ($10.00) administrative fee for paper billings. Payment must be made by check or ACH direct deposit, unless another method of payment is approved in writing by BeyondReach. Client will pay the invoiced amount Net (30), unless a different time for payment is identified in the Service Order. In the event of any good faith dispute with regard to a portion of an invoice, the undisputed portion is to be paid according to this Section. Client must notify BeyondReach of any disputes with respect to an invoice within Sixty (60) days from the date Client receives the invoice; otherwise, Client is deemed to have waived its right to dispute such invoice.
• Interest on Late Payments. Any amount that is not paid when due is subject to a late payment charge equal to the lesser of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, which will accumulate monthly until all amounts are paid in full. CCR reserves the right to interrupt service immediately and with no notice when payment on an account is past due.
• Credit Worthiness. BeyondReach reserves the right to validate the credit worthiness of Client through available verification procedures and Client hereby consents to BeyondReach obtaining credit information regarding the Client. BeyondReach may demand reasonable assurance of Client’s ability to pay applicable charges for Services through a refundable, non-interest bearing security deposit of an amount equal to at least to cover one month of Services. The requirement for a security deposit shall be set forth in the applicable Service Order. The amount of security deposit is reviewed periodically. When the Client’s Services requirement increases, the security deposit amount shall be increased to match the increase in Client’s monthly recurring fees. If payment is not received within the prescribed due date, Client authorizes BeyondReach to use the security deposit amount to offset the outstanding debt, and Client agrees to restore the security deposit to the agreed amount within 15 days from invoice date thereof. If the security deposit is not sufficient to cover the outstanding debt, Client agrees to pay off the remaining outstanding debt immediately, and restore the security deposit amount within 15 days from invoice date thereof.

3. Confidential Information

• Confidential Information. Each Party agrees to hold in confidence all Confidential Information (defined below) that it receives (the “Receiving Party”) from the other Party (the “Disclosing Party”). The Receiving Party will not disclose any of the Disclosing Party’s Confidential Information to persons not having a need to know such Confidential Information consistent with the purpose for which it was disclosed. Receiving Party will not use, directly or indirectly, any of the Disclosing Party’s Confidential Information for any purpose that is in any way detrimental to the Disclosing Party. Receiving Party shall take reasonable precautions to protect the confidentiality and value of Disclosing Party’s Confidential Information, including measures to prevent loss, theft and misuse. Receiving Party shall immediately give notice to Disclosing Party of any unauthorized use or disclosure of Disclosing Party’s Confidential Information. Receiving Party agrees to assist Disclosing Party in remedying any unauthorized use or disclosure of Confidential Information caused by such Receiving
• Definition of Confidential Information. For purposes of this Agreement, “Confidential Information" means information concerning the business or affairs of the Disclosing Party or Disclosing Party’s subsidiaries or affiliates, presented or disclosed to the Receiving Party (whether before or after the date of this Agreement) in tangible or electronic form or orally, including without limitation, all financial statements, marketing strategies, customer lists, identity of vendors, pricing information, databases, reports, software, trade secrets, correspondence, contracts, procedures, technology, know how, ideas, and concepts pertaining to the Disclosing Party or Disclosing Party’s subsidiaries or affiliates. Notwithstanding the foregoing, Confidential Information shall not include information (regardless of how it may be marked) which (a) was already rightfully known to Receiving Party prior to disclosure by Disclosing Party, (b) was or becomes publicly known without disclosure by Receiving Party, (c) was or is acquired by Receiving Party from a third person, provided that the third party providing such information is not providing such information on behalf of Disclosing Party and has not thereby breached any agreement with, or acted in derogation of, any confidential relationship with the Disclosing Party, or (d) has been or is independently developed by Receiving Party without use of information from Disclosing Party.
• Return of Confidential Information. Upon written request of the Disclosing Party, the Receiving Party will promptly return or destroy (as directed by the Disclosing Party) all Confidential Information received from the Disclosing Party, including all copies thereof. Upon the request of the Disclosing Party, the Receiving Party shall furnish to the Disclosing Party an affidavit providing assurances as to the return or destruction of the Disclosing Party’s Proprietary
• Disclosure Required by Law. A disclosure of Confidential Information in response to a valid order by a court or other governmental body or otherwise required by law is not considered to be a breach of this Agreement or a waiver of confidentiality for other purposes. Before any such disclosure, Receiving Party shall provide prompt written notice to Disclosing Party and cooperate with the Disclosing Party in seeking a protective order or preventing

4. Warranties

• BeyondReach’s Limited Warranty on Services and Disclaimer of All other Warranties. BeyondReach represents and warrants that all Services will be provided consistent with the relevant Service Level Agreement. Client’s sole and exclusive remedy for a breach of this limited warranty is the credit(s) outlined in the relevant Service Level Agreement. BeyondReach EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR BEYONDREACH DOES NOT warrant that Service will be error free. The Service, Beyondreach’s network and the Internet are not secure, and others may access or monitor the Client’s traffic, including for malicious or criminal purposes. BeyondReach does not warrant that data or files sent or received by the Client over the Network will not be subject to unauthorized access by others, that other users will not gain access to the Client’s data, nor that the data or files will be free from computer viruses or other harmful components. The Services are not immune from distributed denial of service (DDoS) attacks. Beyondreach has no responsibility and assumes no liability for any such acts or occurrences
• Client Warranties. The Client represents and warrants that it: (a) will provide BeyondReach with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required by BeyondReach in order to render the Services; (b) will comply with all applicable laws, rules, regulations, and ordinances with respect to its use of the Services, Equipment, or activities under this Agreement; (c) carry out all other Client responsibilities set out in this Agreement in a timely and efficient manner, and in the event of any delays in the Client's provision of such assistance as agreed by the Parties, BeyondReach may adjust any agreed timetable or delivery schedule as reasonably necessary; (d) will obtain and will maintain all necessary licenses, consents, and permissions necessary for BeyondReach, its contractors and agents to perform their obligations under this Agreement; (f) will not or allow anyone else to use the Services or Equipment for any improper purpose, including, but not limited to infringe any third party’s intellectual property (including copyrights) or privacy rights; (g) has the legal power and authority to enter into this Agreement; and (h) will comply at all times with BeyondReach’s Acceptable Use Policy.

5. Remedies and Limitations on Liability

• Equitable Relief. Each Party agrees and acknowledges that breach of this Agreement may cause the other irreparable harm without an adequate remedy at law and hereby agrees that the other Party may seek temporary or permanent injunctive relief to prevent or limit the effect of any such breach.
• Attorney Fees. If any dispute arises between the Parties hereto concerning the breach, enforcement or interpretation of any provision of this Agreement, then the prevailing Party shall be reimbursed its court costs, reasonable attorneys’ and expert witness fees and disbursements, and all other costs and expenses incurred by the other Party on account thereof, including those incurred in connection with any matters on
• Limitations on Liability. IN NO EVENT SHALL BeyondReach OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BeyondReach OR ANY OTHER PARTY, EVEN IF BeyondReach IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH IN NO EVENT SHALL BEYONDREACH’S LIABILITY FOR THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, EXCEED THE AMOUNT ACTUALLY PAID TO BEYONDREACH BY CLIENT IN THE PRECEDING YEAR. THE FOREGOING IS INTENDED AS A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES. BECAUSE THE BARGAIN STRUCK AND THE PRICE PAID REFLECT SUCH ALLOCATION THIS LIMITATION UPON REMEDIES WILL NOT HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• Time Limit on Claims. No action on this Agreement, except for payment owed by Client to BeyondReach, may be brought more than twelve (12) months after it

6. Indemnification

Client shall indemnify and hold harmless BeyondReach, its officers, directors, employees and agents from and against any claim, liability, damage, assessment, or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with any breach of any representation, warranty or covenant of the other party set forth in this Agreement, or resulting from any act or omission of the other Party.

 

7. Term and Termination

• Term of the Agreement. This Agreement remains in effect until the Agreement and the last remaining Service Order is terminated as provided herein (the “Term”). Each Service Order issued hereunder becomes effective as of the effective date specified in the Service Order and continues for the term specified in the Service Order (the Initial Service Order Term), unless terminated earlier as provided herein. The Service Order Term shall automatically renew on bi-monthly basis (each a Renewal Service Order Term), unless one party notifies the other party in writing of its intent to not renew the Service Order at least sixty (60) days’ in advance of the end of the then current Service Order Term or Renewal Service Order Term. Each of the Initial Service Order Term and Renewal Service Order Term are collectively referred to as the Service Order Term.
• Termination for Material Breach. If either Client materially defaults in the performance of any of its obligations under this Agreement or any Service Order, BeyondReach may terminate immediately this Agreement and all outstanding Statements of Work. For purposes hereof, Client shall be deemed to be in material default if it: (a) materially breaches any of its duties, obligations or responsibilities under this Agreement or a Service Order; (b) violates the Acceptable Use Policy; (c) becomes insolvent, is or becomes a party to any voluntary or involuntary bankruptcy or receivership proceeding or any similar action affecting the financial condition or property of such party and such proceeding has not been dismissed within thirty (30) business days of commencement; (d) ceases conducting any business necessary to carry out the provisions of this Agreement in the ordinary course; (e) makes a general assignment for the benefit of creditors; (e) violates any of the provisions of this Agreement relating to the other Party’s Intellectual Property or Proprietary Information; or (f) fails to pay any amount owed when due. The foregoing enumeration of events constituting material default shall not be deemed exclusive.
• Effect of Termination. Upon expiration or termination of this Agreement and all Statements of Work for any reason, BeyondReach will cease to perform the Services for Client, and Client will pay to BeyondReach all sums due to BeyondReach or incurred through the effective date of such expiration or termination and the Early Termination Charges. Each Party will return any Proprietary Information belonging to the other Party in compliance with Section 5.
• Early Termination Charges. If this Agreement or any Service Order is terminated early, Client shall in the corresponding circumstances, pay an Early Termination Charge for each Service Order so terminated based on whether termination occurs before the Services are made available to Client for use (“Circuit Turn-Up”): (1) Early Termination Prior to Circuit Turn-Up, if Client elects to terminate a Service Order prior to Circuit Turn-Up, Client shall pay a minimum of five hundred dollars $500 plus fees and charges for work completed prior to termination; and (2) Early Termination Post Circuit Turn-Up, if Client terminates this Agreement or any Service Order after Circuit Turn Up and prior to the end of its Term or Service Order Term, respectively, or BeyondReach terminates this Agreement for cause pursuant to Section 7, Client agrees to pay BeyondReach a termination charge for each Service Order equal to one-hundred percent (100%) of all unpaid fees, prices, charges and reimbursable items and expenses and all monthly reoccurring revenue payable through the end of the term. The Parties further agree that such liquidated damages, as determined herein, are based upon the best efforts of the Parties to estimate the nature and amount of BeyondReach’s actual damages, are not penal in nature, and are intended to place BeyondReach in the same position it would have achieved, had this this Agreement and each Statement of Work been fully performed by the Parties according to the original terms. Client agrees to pay immediately upon such early termination the Early Termination Fees.
• Survival on Termination. Notwithstanding termination or expiration of this Agreement, the provisions is Sections 3, 4, 5, 6, 7.3, 7.4, 7.5, and 9 will survive for the stated length of time or indefinitely if no stated time is

8. Digital Millennium Copyright Act Compliance

• Service Provider. BeyondReach respects the intellectual property rights of others and expects users of its Services, including Client, to do the same. BeyondReach is a Service Provider of Transitory Digital Network Communications, as those terms are used in the Digital Millennium Copyright Act found at 17 U.S.C. § 512. BeyondReach transmits, routes, and provides connections for the Internet. BeyondReach complies with all of its obligations under the Digital Millennium Copyright Act. Consistent with BeyondReach’s obligations under § 512(i), BeyondReach has adopted and reasonably implemented, and informs subscribers and account holders of BeyondReach’s system or network of, a policy that provides for the termination in appropriate circumstances of BeyondReach’s subscribers and account holders who are repeat infringers, which shall constitute a material breach under Section 7 of this Agreement; and accommodates and does not interfere with standard technical measures.
• Client’s Responsibilities. Client hereby acknowledges that (i) it will take allegations of copyright infringement seriously; (ii) it recognizes its potential exposure to copyright infringement claims for actions carried out on its network; (iii) it will institute commercially reasonable technical measures to identify infringers whenever possible; and (iv) it will designate an agent with the Copyright Office to receive allegations of copyright infringement to the extent that it qualifies as a Service Provider under the Digital Millennium Copyright Act.

9. General

• Entire Agreement. This Agreement and the Service Order set forth the entire understanding and agreement of the Parties, and supersede any and all prior or contemporaneous oral or written agreements or understandings between the Parties, as to the subject matter of this Agreement.
• Force Majeure. BeyondReach will have no liability to Client under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement or any Service Order, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors, provided that the Client is notified of such an event and its expected
• Assignment. BeyondReach may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Client will not assign this Agreement or any Service Order without the prior written consent of
• Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law
• Venue. The Parties agree to promptly and voluntarily submit to the exclusive jurisdiction of the courts located in Cedar Rapids, Iowa or the United States District Court for the Northern District of Iowa located in Cedar Rapids, Iowa, with respect to any legal proceedings arising out of this Agreement, waiving all defenses with respect to jurisdiction, forum and venue.
• Notices. All notices relating to this Agreement must be in writing and must reference this Agreement. Such notices shall be deemed sufficient if sent by: (i) postage prepaid registered or certified U.S. mail, then five business days after sending; or (ii) commercial courier, then at the time of receipt confirmed by the recipient to the courier on delivery. All notices to Client will be sent to the address stated in the Service Order. All notices to BeyondReach will be sent to its address set forth below, or to such other address as may be designated by that BeyondReach.

 

If to BeyondReach: BeyondReach, Inc.
845 Capital Drive SW
Cedar Rapids, IA 52404
Attn: Sales
Phone: (844) 296-3924
Email: sales@beyondreach.com

 

• No Waiver. Waiver by either Party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any succeeding breach of such provision or a waiver of the provision
• Severability. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the
• Headings. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or intent of this

9.10 Interpretation. The Parties acknowledge that they have mutually negotiated all provisions of this Agreement, and this Agreement was not drafted solely by either Party. Interpretation of the provisions of this Agreement shall not be affected by any course of dealing or performance between the Parties.

9.11 No Partnership or Agency. Nothing contained in this Agreement will be construed to place Client and Company in a relationship as partners, joint venturers, or principal and agent, respectively.

9.12 Waiver, Modification or Cancellation. No amendment, modification or discharge of this Agreement, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, discharge, or waiver is sought. In the case of BeyondReach such writing must be executed by an officer of BeyondReach. No delay or failure at any time on the part of any party in exercising any right, power or privilege under this Agreement, or in enforcing any provision of this Agreement, shall impair any such right, power or privilege, or be construed as a waiver of such provision, or be construed as a waiver of any breach or as any acquiescence therein, or shall affect the right of the party thereafter to enforce each and every provision of this Agreement in accordance with its terms.

9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be deemed to be one instrument. Electronic signatures will be relied upon as original signatures in all respects.

 

Last Updated January 2025