Spyder Broadband
Terms & Conditions
This document shall serve as confirmation of your Broadband service order with GTA TeleGuam LLC and its affiliates (GTA Telecom, LLC and GTA Services, LLC) and your acceptance of the terms and conditions below. This service order will authorize GTA TeleGuam 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.
TERMS AND CONDITIONS
By signing this agreement:
(1) You acknowledge that you are an adult, 18 (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 TeleGuam LLC will be under no obligation to provide you with these Services.
Broadband Services are provided by GTA TeleGuam LLC under Sections eight (8) and seventeen (17) of the National Exchange Carriers Association (NECA) Tariff FCC No. Five (5), which is made 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."
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 TeleGuam LLC and for 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 TeleGuam LLC Policies and Procedures for Broadband Services as set forth in NECA Tariff No. Five (5).
4. Broadband service will be provided over existing GTA Telecom LLC local exchange service lines. Rates and regulations for broadband service are in addition to the rates and regulations for local exchange services. If Subscriber elects Data Only Option, GTA TeleGuam LLC will provide the broadband service over the physical local loop connection used for local exchange service to the Subscriber's premise. Once terminated, reconnection of broadband service will be considered a new installation subject to the rates and regulations for broadband service and local exchange service where required.
5. The Subscriber either owns or leases the Premises and grants GTA TeleGuam LLC a right of way by the shortest practical route over the Premises for any installation necessary to provide broadband service. The Subscriber also 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 TeleGuam LLC 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 TeleGuam LLC. 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 broadband service is terminated for any reason, at GTA TeleGuam'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 high-speed broadband Service.
8. GTA TeleGuam LLC does not guarantee that repairs on cable facilities 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 TeleGuam LLC on the Premises shall be done in a good and workmanlike manner, provided, however, that GTA TeleGuam LLC shall not be liable for effects of normal workmanship, which may remain after the removal of GTA TeleGuam LLC equipment. The Subscriber is responsible for providing and maintaining all required Customer Provided Equipment (CPE) and inside wiring needed to connect with GTA TeleGuam's broadband service. All GTA TeleGuam LLC provided CPE is preconfigured for the broadband service ordered. Technical support for the hardware configuration comes with the broadband service; Subscriber modifications that make the hardware inaccessible remotely to GTA TeleGuam LLC Spyder technicians will result in billable configuration/repair by GTA TeleGuam LLC. GTA TeleGuam LLC cannot guarantee Subscriber's hardware compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-GTA TeleGuam LLC provided hardware, an additional charge may be involved. If Subscriber requires the password to access their router, GTA TeleGuam LLC provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
10. The equipment and wiring must be compatible with GTA TeleGuam's broadband service and must comply with the technical standards specified in the NECA Tariff FCC No. Five (5).
11. Broadband is distance sensitive and the Subscriber must be located within a serviceable loop distance from a GTA TeleGuam LLC serving wire center. Broadband peak speeds are not guaranteed by the GTA TeleGuam LLC due to the 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 CPE. Due to this, GTA TeleGuam LLC provides broadband services 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) Calendar days from the date of activation to either accept the lower speed or cancel the broadband service order with no fees applied. The Subscriber is also required to return the CPE and the ETF is waived owing to inability to connect, service unavailable, or outside plant facility problem. If the Subscriber does not notify GTA TeleGuam LLC within the time period allotted, it will constitute an acceptance of the broadband Service. If it has been determined that the Subscriber's location has exceeded the loop distance and broadband service is not available, this agreement shall be cancelled without termination penalties.
12. The Subscriber may elect to have GTA TeleGuam LLC install any inside wire required or may contract with another party to perform this service. However, other terms and conditions may apply.
13. GTA TeleGuam LLC does not represent, warrant or covenant an installation by the Subscriber or a third party chosen by Subscriber will enable the Subscriber to successfully access, operate or use the broadband services, nor that such installation will not cause damage to Subscriber's computer, data, software, files or peripherals. In addition, GTA TeleGuam 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.
14. This agreement shall commence as of the date the Service Order is submitted. If the Subscriber is on a contract, the initial service period shall be a minimum of one (1) month in the case of a Dial Up subscription OR twelve (12) months in the case of a broadband Subscription (the "Initial Term"). This is determined when the Subscriber applies for Dial Up or broadband service or when a different term is set forth on GTA TeleGuam's broadband Service Order. Billing will commence on the date the Subscriber's broadband connection is activated.
15. Customer Relocation Fees:
A. No Contract. If the Subscriber moves and requests broadband Service to be installed at a new location, a minimum relocation fee of $100.00 is assessed for the move of the broadband Service.
B. One (1) Year or Two (2) Year Contract. A One (1) Year Contract is defined as a twelve (12) month term commitment. A Two (2) Year Contract is defined as a twenty-four (24) month term commitment. If a Subscriber moves and requests broadband service to be installed at the new location before the contract expires, a minimum relocation fee of $100.00 is assessed for the move of the broadband service. However, if a Subscriber has completed the term agreement and requests for broadband 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.
C. If the Subscriber is relocating a broadband service bundled with television services from GTA TeleGuam, LLC, the fee will be $59.95.
16. Early Termination Fees:
A. No Contract. If the Subscriber elects to terminate broadband services, they will not be assessed an early termination fee. The Subscriber must return all GTA TeleGuam LLC CPE in the same condition as when received within fourteen (14) days of cancellation of Service. Failure to return the CPE to GTA TeleGuam LLC undamaged within the allotted time frame after cancellation of Service will result in a charge to the Subscriber's account equal to the replacement value of the CPE. GTA TeleGuam LLC determines the value of the CPE at its sole discretion.
B. One (1) Year or Two (2) Year Contract. If the Subscriber, notwithstanding Paragraph 11, 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 (ETF). The only exception made for ETF is for Military customers who are deployed/have a change of station and show proof of relocation orders. They will, however, still be assessed & billed the full retail value of CPE. The ETF for a one (1) year contract is $250.00 and for a two (2) year contract, the early termination fee is $350.00. These fees are inclusive of the retail value of the CPE and the installation/activation fee. 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.
17. Special Discounts. The Subscriber may be eligible for a discount on their monthly access fee based on their affiliation with an organization that has an agreement with GTA TeleGuam, LLC. The Subscriber may be required to provide proof of their affiliation with the organization upon activation of service or when the Subscriber makes changes to their account. GTA TeleGuam, LLC may share certain information relating to the Subscriber's broadband service (including name, wireless telephone number and total monthly charge) with the organization to verify their affiliation. GTA TeleGuam, LLC may adjust the discount in accordance with the organization's agreement with GTA TeleGuam, LLC and remove the Subscriber's discount after the minimum term expires or if the Subscriber ends or changes their affiliation with the organization. The Subscriber agrees that any change or removal of their discount, based on their affiliation with the organization or the organization's agreement with GTA TeleGuam, LLC, shall not be considered to have a material adverse effect on them.
18. Promotions. If the terms and conditions of a current Spyder promotion conflict with the existing Terms and Conditions, then the promotion's terms and conditions take precedence. However, if there are no conflicts, then the existing Terms and Conditions must be followed by the Subscriber. Changes in Terms and Conditions can be found at www.gta.net. 19. GTA TeleGuam LLC Return Policy for Issued Broadband Related Equipment and Accessories. The Subscriber must return CPE to GTA TeleGuam within fourteen (14) calendar days from the original date of issuance or purchase, if the CPE were purchased as a replacement set. The Subscriber is also required to return the CPE if they cancel their term agreement early. All returned products, including devices 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. The Subscriber must present original proof of purchase, such as the Receipt or Contract. The Subscriber and Sales Representative 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 are outside our coverage area. The modems have been checked, tested, and repackaged.
Manufacturer Warranty on Broadband Related Equipment Modems and Routers are warranted to the original purchaser for a period of one (1) year from the original purchase date, to be free of defects in material and workmanship. GTA TeleGuam LLC disclaims any liability for consequential damages. Warranty does not cover the following: item damaged by accident, in shipment, unreasonable use, misuse, neglect or other causes not arising out of defects in materials or workmanship. Warranty does not extend to any units, which have been used in violation of written instructions furnished.
Return Authorization must be requested prior to return of merchandise, our retail outlets will refuse shipments without a Return Authorization. In the event said merchandise is covered under warranty, a replacement unit of the same or similar product will be provided.
Warranty Disclaimers: This warranty is in-lieu of all warranties expressed or implied and no representative or person is authorized to assume any other liability in connection with the sale of our products. There shall be no claims for defects or failure of performance or product failure under any theory of tort, contract or commercial law, including, but not limited to negligence, gross negligence, and strict liability, breach of warranty and breach of contract.
The subscriber acknowledges and agrees that, except as provided herein, GTA TeleGuam LLC shall not be liable to the Subscriber for any special, indirect, incidental, or consequential damages, lost profits, or loss of goodwill related in any matter to this agreement, regardless of the nature of the claim or action, even if GTA TeleGuam LLC has been notified of the possibility or likelihood of such damages, in any action related in any way to this agreement.
REVISED 11/09





