Service Agreement

WELINK AGREEMENT FOR RESIDENTIAL SERVICES

EFFECTIVE DATE: August 29, 2019

ABOUT THIS AGREEMENT, OUR SERVICES, AND YOUR RIGHTS

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NOTICE TO CUSTOMERS – CUSTOMER SHOULD NOT SIGN THIS AGREEMENT BEFORE READING IT OR IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK.

CUSTOMER IS ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME CUSTOMER SIGNS IT.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein after set forth and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. EQUIPMENT, INSTALLATION AND SERVICES

“Services” mean any and all data, internet services that are available now or in the future from WeLink. WeLink will install the internet system(s) (each a “System”) including all equip- ment installed as part of the System or that WeLink otherwise provides to Customer (the “Equipment”).

2. SERVICES FEE

For the Services, Customer will pay WeLink as follows: INITIAL TERM OF AGREEMENT: CURRENT OFFER (MONTHS)

MONTHLY SERVICES FEE: CURRENT OFFER (PLUS ANY APPLICABLE TAXES) (THE “MONTHLY SERVICES FEE”).

The total Monthly Services Fee is payable monthly in advance. The first Monthly Services Fee is due thirty (30) days after installation of the Equipment.

The initial term starts on the day this Agreement is signed. The total amount Customer will pay WeLink for the Services during the initial term is $1,800.00 ($75.00 x 24 months not including applicable taxes). There is no financing charge or cost of credit (0% APR) associated with this Agreement. Service charges may apply for certain payment methods, e.g., credit card. After the initial term, this Agreement will automatically continue month-to-month. Subject to Section 2.2 below, either Party may terminate this Agreement at any time upon at least thirty (30) days’ prior written notice to the other Party. If terminated, this Agreement ends on the last day of the thirty (30) day notice period.

2.1 WELINK 30-DAY CANCELLATION. New Customers who are not fully satisfied with the Services may cancel the Services within thirty (30) days of installation of the Equipment without obligation to pay any Services Fee or Early Termination Fee. In order to be valid, requests for cancellation must be received by WeLink prior to the expiration of the thirty (30) day period. Thereafter, this Agreement shall continue in full force and effect.

2.2 EARLY TERMINATION FEE. If Customer chooses to terminate this Agreement prior to the end of the twenty four (24) month Initial Term, Customer will be subject to a one hundred and forty-nine dollar ($249.00) early termination fee.

2.3 CREDIT APPROVAL. YOU AUTHORIZE US TO MAKE INQUIRIES ABOUT YOUR CREDITWORTHINESS in connection with your purchase of Services under this Agreement and to occasionally review your account. We reserve the right to make credit inquiries even after having received a deposit from you with respect to our Services(s).

3. EQUIPMENT OWNERSHIP/USE /NOTIFICATION OF MOVING.

Customer shall own the Equipment and grants WeLink the irrevocable right to exclusively and perpetually use the Equipment for any of WeLink’s commercial purposes (and the commercial purposes of any third parties with whom WeLink has an agreement or other commercial relationship), as determined by WeLink in its sole discretion, and Customer agrees that it is not entitled to any compensation as a result of said use. Customer agrees to use the Equipment exclusively in connection with its receipt of the Services. Customer warrants that it is the owner of the Premises and/or that Customer has the right and authority to grant WeLink the rights set forth in this Agreement and to comply with this Agreement. If at any time Customer is no longer the owner of the Premises or has the right to grant access and use of the Premises in accordance with this Agreement, Customer warrants that he/she will take all reasonable steps to assign this agreement to the subsequent owner and to ensure that the subsequent owner grants WeLink the rights set forth in this Agreement and will comply with this Agreement. Customer agrees that it and any subsequent owner of the Premises will at all times be jointly and severally liable for compliance with this Agreement Customer agrees that it and any subsequent owner of the Premises will at all times be jointly and severally liable for compliance with this Agreement. Customer agrees to notify WeLink thirty (30) days prior, or as soon as reasonably practicable, that the Customer is moving from the Premises as a result of a transfer of ownership of or property rights to the Premises. WeLink shall have the option, in its sole discretion, to purchase the Equipment from Customer [for an amount based on the pro-rated value of the Equipment, less depreciation, cost of removal and installation, and applicable taxes or other charges] should either Party terminate this Agreement for any reason. All provisions of this Agreement that relate to WeLink’s rights and Customer’s obligations with regard to the Equipment and Premises shall survive any termination or expiration of this Agreement or the Services.

4. LIMITATION OF LIABILITY.

The limitation of liability set forth in this section applies to any acts, omissions and negligence of WeLink and its third party providers, agents and suppliers (and each of their respective officers, employees, agents, contractors and/or representatives). To the extent permitted by law, you agree that WeLink will not be liable to you or any third party for direct, indirect, special, incidental, consequential, punitive or exemplary damages whether arising under this Agreement or otherwise arising out of or related to the agreement or Services, including any acts or omissions by third-party providers, agents or subcontractors of WeLink, or relating to any service furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory, and regardless of the causes of such loss or damages or whether any other remedy provided herein fails. In no event shall WeLink’s aggregate liability under or arising out of this Agreement exceed the amounts paid by you for the Services in the twelve (12) months prior to the incident giving rise to the claim.

5. CONSENT TO MOBILE CALLS/TEXTS.

YOU EXPRESSLY AUTHORIZE WELINK AND ITS AFFILIATES TO CALL YOU AT THE TELEPHONE NUMBER(S) (INCLUDING CELL PHONE NUMBERS) PROVIDED ABOVE REGARDING THIS ACCOUNT AND ADDITIONAL OFFERS, PRODUCTS OR SERVICES USING AN AUTOMATED DIALER OR A PRERECORDED OR ARTIFICIAL VOICE. YOU UNDERSTAND THAT YOU ARE NOT REQUIRED TO GIVE THIS AUTHORIZATION AS A CONDITION OF SUBSCRIBING TO THE SERVICES. CUSTOMER(S) INITIALS

6. CONSENT TO ELECTRONIC SIGNATURE AND DELIVERY OF ELECTRONIC RECORDS.

By initialing electronically below, I certify that I have access to an internet connection and an electronic device with a modern browser, equipped with ability to view a PDF file, and that I have access to an email account through which I can view, download, and retain these documents as necessary. I consent to the use of electronic signatures in connection with this Agreement and to receive all notices and a copies of documents, including those that are legally required to be delivered to me in writing at the email address I have provided to WeLink. I also understand that I may withdraw this consent at any time by sending an email to optout@WeLink.com with the subject line “Opt-Out.” Customer Initials ______

IN WITNESS WHEREOF, this Agreement has been executed as of the date first written above.

7. Increase in Monthly Services Fee

Customer acknowledges that WeLink will not increase the rates during the initial term unless the increase in Monthly Services Fee is to reflect any taxes, licenses, permits, costs, fees or charges which may be charged to WeLink by any utility or governmental agency relating to the installation of the System or the Services and Customer agrees to pay the same. In addition, WeLink may increase the Monthly Services Fee for any renewal term by giving Customer sixty (60) days’ prior written notice.

8. Late Payment

If Customer fails to make any payment when due, WeLink may, by giving Customer written notice, discontinue installation and the Services, terminate this Agreement, and recover all damages to which WeLink is entitled, including the value of the work WeLink has performed and WeLink’s loss of profit. In addition, WeLink may impose a late charge on all payments past due up to the maximum amount permitted by state law.

9. Payment Authorization

Customer authorizes WeLink or its assignee(s) to make electronic fund transfers from Customer’s bank account or charges to Customer’s credit card account (the “Electronic Payment”) in the amount identified above as Customer’s Monthly Services Fee, and including all past due amounts, trip fees, service fees or amounts which may accumulate in arrears according to the terms above and the conditions of this Agreement. If Customer elects to receive a paper invoice (rather than making an Electronic Payment) or if WeLink does not receive Customer’s Electronic Payment for any reason, WeLink will send Customer a paper invoice, and Customer understands and agrees that an additional processing fee may apply to each paper invoice so rendered.

10. Payment by Check; Non-Sufficient Funds; Third Party Processing

If Customer’s card issuer or financial institution refuses payment for insufficient funds, closed or unauthorized accounts, or any other reason, Customer will be charged an insufficient fund charge for each instance in which such payment is refused. Subscriber hereby authorizes WeLink to collect any declined amount and the insufficient fund charge(s) electronically from the subject account. In addition,asoutlinedinsection7above, Customer’s Service may be suspended and/or terminated. This fee is in addition to any charges Customer’s financial institution may assess.

11. Repair Service / Relocation

Customer agrees to notify WeLink of any damage, abnormality, or malfunctioning of the System. During the term of this Agreement, WeLink will repair or service any defective part of the System as follows: For one hundred and twenty (120) days after WeLink completes the installation, WeLink will repair or replace any defective part of the System without charge to Customer. After the initial one hundred and twenty (120) day period, WeLink will, so long as WeLink is providing the Services pursuant to this Agreement, provide a replacement for any defective part without charge, but Customer will pay a visit charge for each service call at WeLink’s then-prevailing visit fee, plus any applicable taxes. All charges for repair service are due and payable upon completion of the service call, and Customer agrees to pay the same. In the event that a Customer schedules an appointment for service with WeLink, the Customer is expected to either be at the Premises or have a designated individual over the age of 18 at the Premises. In the event that the Customer fails to either be present or have a designated individual over the age of 18 at the Premises at the time and date of the scheduled appointment, the Customer shall incur a charge of eighty-five dollars ($85.00) unless the Customer provides a minimum of 24-hours prior written notice of cancellation of the service appointment. WeLink can service or repair the System in any commercially reasonable manner within its sole discretion and may keep all replaced parts. To request repair service, Customer must call or write to WeLink at the address and telephone number at the top of this Agreement and provide a detailed description of the System issue. WeLink will provide service as soon as possible during WeLink’s normal business hours, which are 8:00 a.m. to 6:00 p.m. Monday through Friday, excluding holidays WeLink observes.

12. Installation of the System

Customer will permit WeLink to install the Equipment during WeLink’s normal business hours, as stated above, in such location(s) and such a manner as to fully comply with applicable state laws and regulations, and Customer will give WeLink uninterrupted access to Customer’s Premises to do so. WeLink will provide notice by SMS, email, telephone, or by other means before WeLink accesses Customer’s Premises. Customer will approve the locations where the Equipment will be installed, which may replace Customer’s existing devices. WeLink is not responsible for cosmetic blemishes or ordinary wear and tear to home materials or the Premises arising from the installation of the Equipment. WeLink is not responsible if the installation is delayed because of a Force Majeure Event (as defined below). Customer has an affirmative duty to informWeLink, prior to WeLink beginning installation, of every location at the Premises where WeLink should not (because of concealed obstructions or hazards such as pipes, wires or asbestos) or structural issues or existing damage such as damaged siding or fascia enter or drill holes or otherwise disturb the Premises. WeLink will take reasonable precautions to avoid concealed obstructions or hazards, but has no means of determining with certainty if they exist. WeLink will not be liable in any way for any costs associated with damage or repairing pipes, wires or other parts of the Premises or for any resulting damage to the roof, siding, fascia, walls, ceiling, floors or furnishings except to the extent caused by WeLink’s gross negligence. If asbestos or other hazardous material is encountered during installation, WeLink will cease work until Customer has, at Customer’s sole expense, obtained clearance from a licensed asbestos abatement or hazardous material contractor that continuation of work will not pose any danger to WeLink’s personnel. In no case shall WeLink be liable for discovery or exposure of hidden asbestos or other hazardous material. Unless so notified, WeLink will determine where to drill and place the Equipment. If telephone utility services or cables are necessary for the installation and operation of the System, Customer will provide them at Customer’s expense. Customer shall also inform WeLink prior to installation of any areas of the Premises where WeLink should not enter because of hazards on the Premises, including unrestrained dogs or animals. After WeLink completes the System, Customer and WeLink’s installer will inspect it.

13. Suspension or Cancellation of this Agreement

Customer understands that WeLink may stop or suspend the Services for any reason upon thirty (30) days’ prior written notice, and immediately if: (A) a Force Majeure Event (as defined below) occurs or Customer’s Premises becomes so severely damaged or otherwise encumbered that continuing the Services would be impractical; (B) there is an interruption or unavailability of the Services; (C) for reasons outlined in Section 8; or (D) Customer becomes a debtor in a bankruptcy proceeding. If the Services are cancelled or this Agreement is terminated for any reason, Customer authorizes WeLink to remotely disconnect Customer’s System and/or enter Customer’s Premises to disconnect Customer’s System for WeLink’s then-prevailing disconnect fee. WeLink does not waive the right to any other legal remedy for Customer default of this Agreement, including WeLink’s right to charge Customer interest at the highest legal rate on the unpaid amount, stopping the Services.

14. Assignees and Subcontractors

WeLink may transfer or assign this Agreement to any other Internet service provider, or as collateral to a financial institution. Customer may assign this Agreement to a subsequent owner of the Premises with thirty (30) days written notice to WeLink, subject to WeLink’s approval in its sole discretion. WeLink shall provide notice of approval or disapproval of Customer’s assignment within thirty (30) days of Customer notifying WeLink of Customer’s intent to assign. WeLink may use subcontractors to provide installation, the Services, and this Agreement shall apply to them and the work or services they provide, and protect them in the same manner as it applies to and protects WeLink.

15. Privacy Policy

Please review WeLink’s Privacy Policy and Terms of Use by accessing www.welink.com, the terms of which are incorporated herein by reference.

16. Warranty/Limitation of Liability/Disclaimer

Customer shall assume full responsibility for the selection of services and products to achieve the intended purpose. The services and any equipment provided to you by WeLink are provided “as is,” without warranty of any kind, including without limitation, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. WeLink warrants that it will use reasonable efforts to render services pursuant to this agreement in a timely manner. Claim for breach of the foregoing warranty must be brought within sixty (60) days after your actual discovery of any defect. WeLink makes no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of the data and/or information available on or residing on or passing through its networks or that WeLink services will be uninterrupted or error free. Customer shall be solely responsible for independent backup of any data files.

17. Piracy

It is a violation of several U.S. federal and state laws to receive any of the Services, or any portion of the Services, without paying for them. The penalties for violating such laws can range from imprisonment to civil damage awards of up to $110,000 per violation.

18. Communication Assistance for Law Enforcement Act:

Grantor/Customer understands that Grantee/WeLink, as an internet service provider, is subject to the Communications Assistance for Law Enforcement Act (“CALEa”), CALEa requires that Grantee/WeLink provide certain information about Grantor/Customer upon Government request, which includes but is not limited to, a subpoena, warrant or court order. In response to such Government request, Grantee/WeLink may be required to disclose to law enforcement agencies the content of and records relating to telephone calls, email messages (including attachments), internet usage data. Grantee/WeLink is not required to provide notice to Grantor/Customer of law enforcement demand for information.

19. Ownership of Residence/Landlord Permission.

Customer represents and warrants that Customer either owns the residence at which the installation or the Services work is being performed, or, if a tenant, the Customer has obtained permission from the owner of the Premises to allow WeLink and its subcontractors to make whatever alterations considered to be appropriate for the work to be performed, which may include drilling holes in exterior and interior walls, placing screws in the roof, mounting or installing antennae masts on the roof, and/or attaching equipment or system parts to structural parts of the Premises,. Customer agrees to hold WeLink, including its employees, and WeLink’s subcontractors harmless, and indemnify and defend WeLink and/or its subcontractors against any claim for damage, loss, or expense of any nature whatsoever caused or claimed to be caused by the installation or the Services work and against any claim that WeLink was not authorized or did not have proper consent of the Premises owner to enter the Premises, install the equipment, and/or provide the Services. Customer further agrees to hold WeLink and its employees harmless, and to indemnify and defend WeLink and its employees for any injury suffered by WeLink’s employees to the extent caused by any act or omission of Customer.

20. Copyright, Trademark, Authorized Usage.

Nothing in this Agreement grants you the right or license to use any of WeLink’s trademarks. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a non-transferable, revocable license to use such firmware or software in accordance with the terms and conditions of this Agreement, the Privacy Policy and Terms of Use.

21. Entire Agreement.

The entire and only agreement between the Parties is written in this Agreement. It replaces any earlier oral or written understanding or agreements. It may not be changed by any oral statements or representations made by a WeLink sales representative. It may only be changed by a written agreement signed by both of the Parties. Customer agrees that WeLink may save and store all agreements and other documents executed by Customer in an electronic media, and all such agreements and other documents shall be given the same force and effect as the paper form originals.

22. Waiver.

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

23. Applicable Law.

This Agreement, including all matters relating to its validity, construction, performance, and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the State of Delaware, except to the extent state and local law where the Services are provided requires otherwise. These terms and conditions are subject to amendment, modification, or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.

24. ARBITRATION.

The following is important with respect to the Agreement between WeLink and Customer. PLEASE READ CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. This Agreement requires arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, WeLink and Customer agree to arbitrate disputes and claims arising out of or relating to this Agreement, the Services ormarketingoftheServicesCustomerhasreceivedfromWeLink. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court. THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS. A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to WeLink should be addressed to Attn: Legal Department New – 1881 West Traverse Pkwy E-525 Lehi UT, 84043. The Notice must describe the basis of the claim or dispute and the specific relief sought. If the parties do not reach an agreement within thirty (30) days after the Notice is received they may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (AAA”). WELINK SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000.00. CUSTOMER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT CUSTOMER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND WELINK ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Right to Opt-Out. If Customer does not wish to be bound by these arbitration provisions, Customer must notify WeLink in writing within thirty (30) days following the date that we first give you notice of your right to opt-out. Customer may opt-out by mail to the Arbitration Notice Address provided above. Such written notice must include Customer’s name, address, and WeLink account number as well as a clear statement that Customer does not wish to resolve disputes with WeLink through arbitration.

Exclusions. Customer and WeLink agree that the following claims or disputes shall not be subject to arbitration: 1. Any individual action brought by Customer or WeLink on any matter or subject that is within the jurisdiction of a court that is limited to adjudicating small claims. 2. Any dispute over the validity of any party’s intellectual property rights. 3. Any dispute related to or arising from allegations associated with unauthorized use or receipt of service. The foregoing arbitration provisions shall survive the termination of this Agreement. If any arbitration clause is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions and the remainder of the arbitration provisions will be given full force and effect.

25. Waiver of Class Action Rights and/or Claims.

NEITHER CUSTOMER NOR WELINK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS, OR ARBITRATE CLAIMS IN A REPRESENTATIVE CAPACITY, INCLUDING WITHOUT LIMITATION AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Unless both Customer and WeLink agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.

26. Force Majeure.

WeLink shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of WeLink including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown or power outage (each a “Force Majeure Event”), provided that, if the event in question continues for a continuous period in excess of thirty (30) days, Customer shall be entitled to give notice in writing to WeLink to terminate this Agreement.

27. Counterparts.

This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

28.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under the law, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in full force and effect.

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