Spyder Broadband
Terms & Conditions
This Service Order Confirmation and Authorization shall serve as confirmation of your DSL service order with GTA Services LLC and your acceptance of the terms and conditions below. This service order will authorize GTA Services LLC to provide you with the Services (as defined below) for the period agreed to by you upon placing an order for the Services (the "Initial Term").
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
By signing this agreement:
(1) You acknowledge that you are an adult, eighteen years or older. If this is a business account you acknowledge that you are authorized to act as an agent for your company, corporation, partnership, or other business entity.
(2) You have read, understand, and agree to be bound by these terms and conditions.
(3) You acknowledge that GTA Services LLC will commence processing such order. If you cancel this order at any time prior to the expiration of the initial term, you may be charged a termination charge as described below. If you do not agree to be bound by the Terms and Conditions, you may not use the services and you should cancel your order. If you do not agree to be bound by the Terms and Conditions, GTA Services LLC will be under no obligation to provide you with these services.
DSL services are provided by GTA under Sections 8 and 17 of the National Exchange Carriers Association (NECA) Tariff FCC No. 5, which is made a part of this agreement. The terms and conditions stated in this agreement are subject to revisions in the NECA Tariff and/or as mandated by the Federal Communications Commission (FCC). For purposes of the terms and conditions, you will be referred to as the "SUBSCRIBER".
TERMS AND CONDITIONS
1. The subscriber hereby requests and agrees to pay for the services in accordance with the service selected by the Subscriber. The Subscriber agrees to pay all charges for the selected service at the applicable service rates for the selected service plan in advance. All such charges include (but are not limited to) the monthly charges, other recurring or nonrecurring charges, gross receipts tax (GRT), applicable taxes, and any other charges or fees established by GTA Services LLC and for DSL access to the Internet (the service). If the subscriber does not pay in a timely manner, upon appropriate notice, the Service will be disconnected.
2. This service is for the Subscriber's use and may not be used for resale of any telecommunications service. This agreement may not be assigned or transferred by the Subscriber, and any such attempt shall make this agreement be null and void.
3. The Subscriber agrees not to use the Service in a manner prohibited by any Federal or Guam law or Regulation. The Subscriber further agrees to adhere to GTA Policies and Procedures as set forth in the General Exchange Tariff No. 1 and in NECA Tariff No. 5 related to DSL.
4. DSL services will be provided over existing GTA local exchange service lines. Rates and regulations for DSL Service are in addition to the rates and regulations for local exchange services. If Subscriber elects DSL Data Only Option, GTA will provide the DSL service over the physical local loop connection used for local exchange service to Subscriber's premise. Once terminated, reconnection of DSL service will be considered a new installation subject to the rates and regulations for DSL service and local exchange service where required
5. The Subscriber either owns or leases the Premises and grants GTA a right of way by the shortest practical route over the Premises for any installation necessary to provide DSL service or represents that such grant has been obtained in writing from the Premises owner. The Subscriber agrees to execute such additional documents, including right of way agreements, as may be requested by GTA in order to maintain such access in the future.
6. All outside cable facilities installed pursuant to this Agreement on the Premises are and shall remain the property of GTA. The Subscriber will not and shall not permit others to move or tamper with the outside cable facility or use it contrary to this agreement. Any damage other than normal wear is the Subscriber's responsibility. If Service is terminated for any reason, at GTA's option and direction, the Subscriber shall make the Premises available for the removal of the cable facility.
7. The Subscriber will make the Premises available, by appointment, for inspection, audit, repair, replacement and/or removal of the cable facilities between 8:00am and 3:00pm, Monday through Friday. Continuous failure or refusal to permit access to the equipment constitutes grounds for termination of Service.
8. GTA does not guarantee that repairs on DSL circuits will be made within a specific time frame or after normal business hours, on weekends or on holidays.
9. All installation, removal and other work done by GTA on the Premises shall be done in a good and workmanlike manner, provided, however, that GTA shall not be liable for effects of normal workmanship, which may remain after the removal of GTA equipment. The Subscriber is responsible for providing and maintaining all required Customer Provided Equipment (CPE) and inside wiring needed to connect with GTA's DSL service. All GTA provided customer premise equipment is pre-configured for the service ordered. Technical support for the hardware configuration comes with the service; Subscriber modifications that make the hardware inaccessible remotely to GTA Spyder technicians will result in billable configuration/repair by GTA. GTA cannot guarantee Subscriber's hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-GTA provided hardware, an additional charge may be involved. If Subscriber requires the password to access their router, GTA provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
10. This equipment and wiring must be compatible with GTA's DSL service and must comply with the technical standards specified in the NECA Tariff FCC No. 5.
11. The Subscriber may elect to have GTA install any inside wire required or may contract with another party to perform this service.
12. GTA Services LLC does not represent, warrant or covenant that installation by the subscriber or a third party chosen by subscriber will enable the subscriber to successfully access, operate or use the DSL services, nor that such installation will not cause damage to subscriber's computer, data, software, files or peripherals. In addition, GTA Services LLC and its agents and contractors shall have no liability whatsoever for any damage, or for the failure to properly install, access, use or operate the equipment or services by any subscriber who chooses this method of installation. The foregoing limitation of liability is in addition to and shall in no way be construed to limit any and all limitations of liability set forth elsewhere in this agreement.
13. This agreement shall commence as of the date the Service Order is submitted and Subscriber is to remain on the service for an initial minimum period of one (1) month in the case of Dial Up subscription OR twelve (12) months in the case of ADSL service (the "Initial Term"), as determined when the subscriber applies for Dial Up or DSL service unless a different term is set forth on GTA's DSL Service Order. Billing will commence on the date Subscriber's DSL connection is activated.
14. If a subscriber moves and requests service to be installed at the new location before his/her contract expires, a relocation fee is assessed for the move of the DSL service. However, for a subscriber who has completed his/her term agreement and requests for DSL service at a new location on a new contract, the relocation fee shall not be assessed. The new initial service term will begin from the date of activation at the new location. If the Subscriber terminates the term agreement for any reason prior to the expiration of the Initial Term, the Subscriber shall be liable to pay an early termination charge. [The only exception made for early termination charge is for Military customers who are deployed/have a change of station & show proof of relocation orders. They will, however, still be assessed & billed the full retail value of modem and/or wireless router). The early termination fee (ETF) for one-year contract is $250.00 (fee is inclusive of the retail value of the modem & Installation/Activation fee) and for a two-year contract, the early termination fee is $350.00 (inclusive of retail value of modem & wireless router & Installation/Activation fee). If contracts are cancelled early and the ETF is waived because of Customer's inability to connect or DSL service is unavailable or aging outside plant facility issue, Customer must return Modem/Router at the time of cancellation. If the Subscriber fails to either extend or terminate this agreement, it will automatically be converted to a month-to-month contract at the full prevailing monthly retail rates.
15. GTA DSL service is nominally capable of speeds of up to 320 Kbps upstream (for sending) for 1.2 Mbps service and up to 512 Kbps upstream (towards the Internet) and up to 6.0 Mbps downstream for the higher speed services. However, DSL is distance sensitive and Subscriber must be located within a serviceable loop distance from a GTA serving wire center. DSL peak speeds are not guaranteed by the telephone company due to factors that may affect the actual speeds delivered including loop distance, condition of the facilities, limitations in the telecommunications service provider's network design, and limitations in any Customer Provided Equipment. Due to this, GTA provides DSL as a best effort service, and cannot guarantee upload or download speeds. If the actual speed available to Subscriber's premises is less than ordered for any reason, the Subscriber has fourteen (14) business days from the date of activation to either accept the lower speed or cancel the DSL order. If Subscriber does not notify GTA Services LLC within the time period allotted, it will constitute an acceptance of the DSL service. If it has been determined that the Subscriber's location has exceeded the loop distance and DSL service is not available, this agreement shall be cancelled without termination penalties.
16. GTA Return Policy for issued DSL related equipment and accessories. Subscriber must return the devices (Modem and/or Wireless Router) to GTA within fourteen (14) Calendar days from the original date of issuance OR purchase (if Subscriber bought devices as a replacement set). Customer is also required to return Modem and/or Wireless Router if they cancel their term agreements early and the ETF is waived owing to inability to connect, service unavailable or outside plant facility problem. All returned products (including device and related accessories) must be in its original packaging with ALL original contents undamaged and in good working condition. Undamaged means no scratches, nicks, broken parts, liquid damage, or other visible damage. Subscriber must present original proof of purchase (Receipt or Contract). Subscriber and Sales Rep must complete and sign the GTA Modem Return Form. Refurbished modems are "as new", which may have been used for testing or demonstration purposes, or may have been returned by customers who were outside our coverage area. The modems have been checked, tested, and re-packaged.
17. The subscriber acknowledges and agrees that, except as provided herein, GTA Services LLC shall not be liable to the subscriber for any special, indirect, incidental, or consequential damages, lost profits, or loss of goodwill relating in any matter to this agreement, regardless of the nature of the claim or action, even if GTA Services LLC has been notified of the possibility or likelihood of such damages, in any action relating in any way to this agreement.
