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and/ or recurring interruption in Services being provided under this agreement.
14.Operating Environment: Customer shall assume full responsibility for overall effectiveness and efficiency of the operating environment in which Starlinkers services and/ or the CPE are to function, No action arising out of any claimed breach of the agreement or transactions under the agreement or regarding the services may be brought by the customers more than 30 days after the cause of action has accrued.
15.Arbitration: Customer agrees that any and controversies, action, suits, and/ or claims brought by him/ her against Starlinkers regarding any matter whatsoever, shall be settled exclusively by arbitration. Customer hereby waives any right it may have to bring any Action agaist Starlinkers in any forum other than arbitration. One arbitrator, mutually agreed upon by the parties, who shall be an attorney enlisted in Pakistan bar Council, shall act as an arbitrator. The losing party shall pay the fees, cost and expenses of the arbitrator. The arbitration proceeding shall be conducted in accordance with the prevailing commercial rules of the Pakistan Bar Council or any successors thereto. Judgment or any award by the arbitrator shall be binding Starlinkers and customer, and may be filed in a court of competent jurisdiction in the respective territory where service(s) is/are being provided by Starlinkers.
16.Assignment: Starlinkers may assign agreement in entirety or assign the right to receive payments to a third party without customer's consent. Customer may not assign this agreement without starlinker's prior written consent, which may be withheld at Starlinkers also discretion.
17.Indemnity: Starlinkers is not responsible for any injuries or loss to customer caused by customer's use for Service. Customer agrees to indemnity, defend, and reimburse Starlinkers of expenses, including attorney fees, and claims for such losses and 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.Internal Wiring Fees: Starlinkers Field Services Technicians (FST) will perform limited inside wiring for connectivity to the CPE. If the customer authorizes or request
Starlinkers FST to place the CPE in a location that requires inside wiring, then Starlinkers will provide these services at additional applicable rates.
The inside wiring does not include connecting the CPE to the computer or Hub/ Switch, any Ethernet Cabling to the CPE, or coaxial cabling for TV sets. Such wiring, if required by the customer, will be carried out by Starlinkers at additional charge.
19.Virus Related Traffic: Customer is responsible for proper maintenance of his/ her computer system(s) like installation of anti-Virus Software etc. While utilizing Starlinker's Service. All un-intentional traffic generated due to virus infection of Customer's computer will be charged to the Customer's account, as it consumes Starlinker's account, as it consumes Starlinker's bandwidth.
20.Miscellaneous :
i). Should any provision of this contract becomes void for any party, the validity of remaining provision shall not be affected thereby unless the commercial intent of this contract is here by affected/ frustrated.
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