Thank-You for choosing SkyDATA provided to you by Galaxy Broadband Communications Inc. (the “Service”).
Agreement: This agreement is between you the undersigned subscriber of the Service, and Galaxy Broadband Communications Inc. (“GBC”). By creating an account with and using the Service, you agree to be bound by this Agreement as well as the Subscriber Agreement, Acceptable Use Policy and Fair Access Policy as outlined on the GBC Website (collectively, the “Agreement”). This Agreement may be changed by GBC at any time without providing prior notice to you. Any changes to this Agreement will be posted on the GBC Website. If you disagree with the changes you accept that your sole and exclusive remedy is to stop using the Service and notify GBC that you are terminating the Agreement. Your continued use of the Service after changes to the Agreement acknowledges your acceptance of the changed Agreement.
Service: GBC cannot guarantee upload or download speeds. The speed will vary depending on location, weather, wiring, internet traffic, content of a particular website, as well as overall performance and configuration of your computer.
Technical Support: Included in the fees paid for Services, GBC shall provide you with telephonic technical support during our business hours as posted on the GBC website.
Term: This Agreement is effective as of the date your account is created with GBC and the Service is activated. The minimum initial term is 18 or 36 months, depending on the term selected at time of activation. After which time has passed you will be renewed automatically for a 12 month term. If monthly contract term is selected service contract will be on a monthly basis and can be preempted by Galaxy with 30 days notice.
Cancellation: If you would like to cancel before the initial term you will be charged an Early Termination Fee. For 18 and 36 month terms, the Early Termination Fee is the remainder of the Term (the monthly fee for your selected Service plan times the number of months remaining). Requests for cancellation before the initial term will not be processed unless the request is received by GBC in writing 30 days prior to deactivation. If you would like to cancel the Service after the initial 18 or 36 month period, you must notify GBC in writing 30 days prior to deactivation. If you are on a no contract plan, you must notify GBC in writing 30 days prior to deactivation. If a request to cancel is not received the service will automatically be renewed for a 12 month term. If these Terms and Conditions are not followed GBC has the right to terminate the Service without notice and without any liability whatsoever.
Changes: Any changes you request to your Service are subject to a $49.95 processing fee, including satellite changes and service level changes and must be received by GBC in writing. If you would like to change to a Custom QoS plan the Customer Configuration fee applies.
Payment: The monthly fees are payable when due. You must provide GBC with accurate and complete billing information, as well as the location in which the Service has been installed. If your account is past due it is subject to a late payment fee. Delinquent accounts may be suspended or cancelled at the sole discretion of GBC, however your monthly service charges will continue until your account has been cancelled in writing. A suspended account is subject to the $49.95 processing fee. A minimum period of 1-2 business days required to re-activate suspended accounts. Payments returned from the bank or credit card company for insufficient funds are subject to a $30.00 service charge. If you are purchasing used equipment you are responsible to pay all outstanding balances before the system can be re-activated. Prices are subject to change without notice.
Installation: Industry Canada has very strict regulations for installing and pointing a transmitter, therefore only certified installers must install the equipment. You are responsible for all costs due to the inside and outside wiring and mounting of the system. GBC, its agents, employees, representatives, or contractors have no liability for any damage to or loss or destruction of any of your hardware, software, files or data. It is your responsibility to backup all existing files.
Required Equipment: You certify that the computer you are using meets the minimum requirements, and if not it is your responsibility to upgrade it so it meets the requirements or GBC cannot support the system in any way.
Warranty: The equipment is covered by a 12 month warranty. Normal time frame for replacement is 10 days from the time it is resolved defective. This warranty does not cover labour or installation charges that may be required to replace the defective unit.
Protection of System: GBC reserves the right to: (a) turn off any system operating on the network for an indefinite period in order to comply with Governmental requests; (b) the extent required by law, intercept traffic on the network and route it to Government law enforcement agencies; (c) suspend or deny Service to any system found to be interfering with satellite communications.
Peer 2 Peer Traffic: Peer 2 Peer file sharing protocols are not actively supported on the SkyDATA network. Galaxy Broadband offers no assistance in attempting to use these protocols.
GBC VoIP features: Galaxy Broadband VoIP lines include the following non-service critical services: voicemail, call display, call waiting and voicemail included in the $100 monthly service charge.
3rd Party VoIP: Galaxy support cannot be held liable for 3rd party VoIP support or setup. VoIP configurations must be approved by GBC before allowed network access. Only G.729 and G.723 are accepted VoIP protocols. Voice call QoS is primarily affected by bandwidth, packet loss and jitter. The SKYDATA service plan with 3rd party VoIP support will ensure that the bandwidth is available with very low packet loss. The one parameter that is beyond our control for non-Galaxy VoIP solutions is the packet jitter from the remote site. Intermixing voice packets with large data packets can result in unacceptable quality, such as ‘choppy’ or ‘broken voice’ transmissions. Should this problem occur we recommend that your ATA configuration should be modified to prioritize voice packets.
Seasonal Holds: Seasonal holds are not available on 18 or 36 month contracts. No contract terms are available for customers looking to access Galaxy Network on a month to month basis.
Force Majeure: Neither GBC or you shall be liable to the other should its performance under this Agreement be prevented, restricted or interfered with by reason of any circumstance or event beyond the reasonable control of the party so affected. A force majeure event includes (i) acts of God, such as fire, flood, earthquake or other natural cause; (ii) terrorist events, riots, insurrections, war or national emergency; (iii) strikes, boycotts, lockouts or other labour difficulties, (iv) the lack of or inability to obtain permits or approvals, necessary labour, materials, energy, components of machinery, telecommunication ground failures; (v) satellite or transponder failure, and (vi) judicial, legal or other action of any Governmental Authority.
Assignment: You shall not assign any of the rights or obligations under this Agreement without the prior written consent of GBC.
Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario. You irrevocably submit to the jurisdiction of the courts of the Province of Ontario, and irrevocably waive any objection at any time to the venue or convenience of forum of any suit, action or proceeding arising out of this Agreement brought in any such court.
Entire Agreement: This Agreement together with the Service Level Agreement and Acceptable Use Policy and any applicable Order(s) set forth the entire understanding of the Parties with respect to the subject matter of this Agreement and supersede all prior agreements or understandings pertaining to the subject matter hereof.
DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE,
SkyDATA Services Agreement
INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF, EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SUBSCRIBER AGREEMENT. IN PARTICULAR, BECAUSE WE MAY PROVIDE SERVICE SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED BY OURSELVES, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND WE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU – NOT OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER – ASSUME THE CONSEQUENCES RESULTING THEREFROM.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER SHALL CREATE ANY WARRANTY IN OR TO THE GALAXY BROADBAND SERVICE OR THE CONTENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.