Master Service Agreement

Simple Fiber Communications LLC

A Texas limited liability company
Texas Security License: B26213001

This Master Service Agreement ("Agreement" or "MSA") is entered into between Simple Fiber Communications LLC ("SimpleFiber," "we," "us," or "our") and the customer identified on the applicable Service Order ("Customer," "you," or "your"). By signing a Service Order that references this MSA, you agree to be bound by all terms contained herein.

1. Definitions

• "Service" means any internet, voice, WiFi, security, or managed technology service provided by SimpleFiber to Customer as described in a Service Order.
• "Customer" means the individual or business entity identified on the Service Order.
• "MRC" (Monthly Recurring Charge) means the recurring monthly fee for a Service as specified in the applicable Service Order.
• "NRC" (Non-Recurring Charge) means any one-time fee, including but not limited to installation, equipment purchases, ethernet drops, and activation fees.
• "Service Order" means an order form, quote, or document executed by Customer that identifies the specific Services, pricing, and term for those Services.
• "Equipment" means any hardware, devices, routers, access points, cameras, or other physical equipment provided by SimpleFiber or purchased by Customer in connection with the Services.
• "Demarcation Point"means the point where SimpleFiber's network ends and the Customer's internal network begins, typically at the SimpleFiber-installed equipment.

2. Service Orders

Each Service provided by SimpleFiber requires a separate Service Order. Each Service Order incorporates and is subject to the terms of this MSA. In the event of a conflict between a Service Order and this MSA, the Service Order shall control with respect to the specific Service described therein. Together, the applicable Service Order and this MSA constitute the complete agreement for that Service.

3. Term and Renewal

The term of each Service is specified in the applicable Service Order and will be one of the following:

• Month-to-Month: Service continues on a month-to-month basis. Either party may terminate with 30 days written notice.
• 36-Month Price Lock:Customer's MRC is locked for 36 months from the service activation date. At the end of the initial term, Service automatically renews on a month-to-month basis at the then-current rate.
• 60-Month Price Lock:Customer's MRC is locked for 60 months from the service activation date. At the end of the initial term, Service automatically renews on a month-to-month basis at the then-current rate.

SimpleFiber will provide written notice at least 30 days before the end of any initial term regarding renewal terms and any pricing changes.

4. Early Termination

If Customer terminates a Service with any term commitment (other than month-to-month) before the end of the initial term, an Early Termination Fee ("ETF") shall apply. The ETF is calculated as the number of months remaining in the initial term multiplied by the monthly MRC for the terminated Service. No Early Termination Fee applies to month-to-month Services.

5. 14-Day Money-Back Guarantee

New Customers may cancel Service within 14 calendar days of the initial service activation date and receive a refund of the MRC paid for that Service. The following charges are non-refundable under this guarantee:

• Installation fees
• Ethernet drop installation
• Equipment purchased by Customer
• Any other one-time or non-recurring charges

To request a cancellation under this guarantee, Customer must provide written notice to SimpleFiber within the 14-day period. Equipment provided by SimpleFiber must be returned in good working condition.

6. Billing and Payment

Services are billed on the 1st of each month in advance. Payment is due upon receipt of the invoice. SimpleFiber accepts ACH, check, and credit card payments. There is no prorated refund for Services canceled mid-billing cycle. Partial months of service at the start of a new Service may be prorated on the first invoice.

7. Late Payment

Any invoice not paid within 30 days of the invoice date shall be subject to a late fee of $25.00 or 1.5% per month on the unpaid balance, whichever is greater. SimpleFiber reserves the right to suspend Service for accounts that remain past due for more than 30 days. Suspension of Service does not relieve Customer of the obligation to pay all outstanding charges.

8. Equipment

Equipment provided by SimpleFiber (including but not limited to routers, access points, ONTs, cameras, and door access hardware) remains the sole property of SimpleFiber. Customer is responsible for the care and safekeeping of SimpleFiber-owned Equipment while it is installed at Customer's premises.

Upon termination of Service, Customer must return all SimpleFiber-owned Equipment in good working condition within 14 calendar days. Equipment that is not returned, or is returned damaged beyond normal wear and tear, will be billed to Customer at replacement cost.

Equipment purchased outright by Customer (as indicated on the Service Order) becomes Customer's property upon full payment.

9. Service Level

SimpleFiber targets 99.9% network uptime for all Services. Uptime is measured from SimpleFiber's network edge to the Demarcation Point at the Customer premises.

The following are excluded from uptime calculations:

• Scheduled maintenance, for which SimpleFiber will provide at least 48 hours advance notice
• Force majeure events as described in Section 15
• Issues caused by Customer equipment, Customer network configuration, or Customer actions
• Failures of third-party services, carriers, or utilities

SimpleFiber does not offer service credits under this Agreement.

10. Limitation of Liability

To the maximum extent permitted by law, SimpleFiber's total aggregate liability to Customer for any and all claims arising out of or related to this Agreement shall not exceed an amount equal to one (1) month of the MRC for the affected Service.

In no event shall either party be liable to the other for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or loss of business, regardless of whether such party was advised of the possibility of such damages.

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless SimpleFiber, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the Services; (b) Customer's violation of any applicable law or regulation; or (c) Customer's breach of this Agreement.

12. Acceptable Use

Customer agrees to use all Services in compliance with SimpleFiber's Acceptable Use Policy, which is incorporated into this Agreement by reference. SimpleFiber reserves the right to suspend or terminate Service for violations of the Acceptable Use Policy.

13. Privacy

SimpleFiber's collection, use, and protection of Customer data is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

14. Modifications

SimpleFiber may modify the terms of this Agreement at any time by providing Customer with at least 30 days written notice prior to the effective date of the changes. If a modification is materially adverse to Customer, Customer may terminate the affected Service without incurring an Early Termination Fee by providing written notice within 30 days of receiving the modification notice.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from events beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, government actions, power outages, fiber cuts, pandemic, or failures of third-party infrastructure.

16. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered in Dallas County, Texas under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding.

Class Action Waiver: Both parties agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

Small Claims Exception:Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.

18. Entire Agreement

This MSA, together with all Service Orders executed by Customer, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings.

19. Notices

All notices under this Agreement must be in writing and shall be deemed delivered when sent by email with confirmation of receipt, or when delivered by certified mail to the following address:

Customer notices shall be sent to the address or email on file with SimpleFiber as indicated on the applicable Service Order.

Simple Fiber Communications LLC — All Rights Reserved