I. AGREEMENT
A. Complete Agreement
These User Terms
& Conditions of service constitute the complete agreement
("Agreement") between SkyNET TeleSystems LLC ("we," "us" or
"SkyNET") and the user ("you,"
"user" or "Customer") of SkyNET’s
Residential services, Small Business services, and any related products or
services ("Service"). This Agreement governs both the Service
and any Devices, such as a Soft Phone
IP phone, Analog
Telephone Adapter,
Auto Dialer, USB
Phone, or any other IP connection device
("Device" or "Equipment"), used in conjunction with the
Service.
B. Definitions
For purposes of the
Agreement, "you" means the customer, defined as either (i) the person
identified in SkyNET’s account records as responsible for payment of all
charges; or (ii) any other person with actual or apparent authority to
represent that person or to use the service(s).
C. Responsibility
By enrolling in, activating,
using, and/or paying for the Service, you acknowledge that you have read and
understood, and that you agree, to the Terms & Conditions of this
Agreement, and that you represent that you are of legal age to enter this
Agreement and become bound by its terms.
D. Changed Terms & Conditions
SkyNET
may change the Terms & Conditions of the Agreement its related services,
devices, and or prices of same from time to time. Notices will be considered
given and effective on the date posted at www.skynet-tel.com. The Agreement posted supersedes
all previously agreed to electronic and written Terms & Conditions of
Service.
E. Contact Information
If you have questions
regarding your service, billing, or anything else relating to your SkyNET
experience, please visit us at our web site www.skynet-tel.com , call us @ 888-755-8529
from 9 a.m. to 6 p.m. Eastern U.S. time, or call us
toll free from the number listed on your SkyNET
correspondence.
II. SERVICE
A. No Qualification
Customer is not
required to have good or any credit - all who apply and pay any applicable fees
are accepted., Internationally, a SkyNET-acceptable Credit Card or Pay Pal account is
required, or a U.S. checking, savings, ATM account, or a method from which to
be debited is required.
B. Plans
SkyNET
Calling Plan descriptions are offered as described and outlined on the Product
and Services section of the SkyNET Web Site @ www.skynet-tel.com. Plan conditions and
details are made a part hereof.
C. Term
(1) Service
is offered on a month-to-month basis for a term that begins on the date that
SkyNET activates your Service (Activation Date) and ends on the day before the
same date in the following month. Subsequent terms of this Agreement
automatically renew on a monthly basis without further action by you unless
SkyNET receives written notice from you of your intention not to renew at least
ten (10) days before the end of the monthly term in which the notice is given.
You are purchasing the Service for full monthly terms, that is to say if you
attempt to terminate Service prior to the end of a monthly term, you will be
responsible for the full month'’s charges to the
end of the then-current term, including without limitation unbilled charges,
plus any outstanding service amounts or fees, all of which immediately become
due and payable. Termination of Service or expiration of the term or does not
excuse the Customer from paying all unpaid, accrued charges due in relation to
the Agreement.
(2) Change
of calling plans mid-month are possible, either through SkyNET’s Personal
Account Manager (PAM) by logging-in online or by contacting Customer Support by
phone during business hours.
(a) Changing
from an Unlimited Plan to another plan will be effective on the next billing
cycle. If
said change is made within the first calendar year from the date Service was initiated, you
will immediately be charged for the full cost of
any phone device(s) you may have received (see
web site for current costs).
(b) Changing
from another plan to the Unlimited Plan will be effective immediately, with the
monthly billing date changing to the change date and any time remaining on the
old plan being forfeited. Making this change will not result in a refund of
any costs you may have incurred for any Servive device(s).
D. Residential Use of Service
If you have
subscribed to one of SkyNET’s Residential Services, the Service Device(s) is
(are) provided to you as a residential user, for your personal, residential,
non-business and non-professional use. This means that you are not using them,
or are permitted to be using them, for any commercial or governmental
activities, profit-making or non-profit, including but not limited to home
office, business, sales, telecommuting, continuous or extensive call
forwarding, autodialing, telemarketing, fax broadcast, fax or voicemail
broadcasting or blasting, political polling, or any other activity that would
be inconsistent with normal residential usage patterns. This also means that
you are not to transfer or resell the Service to or share it with any other
person for any purpose or in any manner, or make any charge for the use of the
Service, without express written permission from SkyNET
in advance. You agree that your use of the Service, or the use of the Service
provided to you by any other person for any commercial or governmental purpose
will obligate you to pay SkyNET’s higher rates for Commercial Service on account of
all periods, including past periods, in which you use, or used, the Service for
commercial or governmental purposes. SkyNET
reserves the right to immediately terminate or modify the Service, if SkyNET
determines, in its sole discretion, that Customer's Service and/or Device(s) is
(are) being used for non-residential or commercial use. You agree to be
liable for any user time (at a rate set for such services) and excess expenses
should SkyNET, in its sole discretion, determine that you are
misusing the Services.
E. Business Use of Service
If you have
subscribed to SkyNET’s Business Services, the Service and Device(s) is (are)
provided to you as a small to medium business user. This means that you are not
to transfer or resell the service to or share it with any other person for any
purpose or in any manner. You agree that the Business Service does not confer
the right to use, nor should you be using, the service or Device(s) for
auto-dialing, continuous or extensive call forwarding, telemarketing, fax or
voicemail broadcasting or blasting, political polling, or any other activity
that would be inconsistent with normal small to medium business usage patterns.
SkyNET reserves the right to immediately terminate, modify
or upgrade the Service, if SkyNET determines, in its sole discretion, that Customer's
Service and Device(s) is (are) being used for any of the above. You agree to be
liable for any user time (at a rate set for such services) and excess expenses
should SkyNET, in its sole discretion, determine that you are
misusing the Services.
F. Lawful Use of Service
You agree to use the
Service and Device(s) only for lawful purposes. This means that you agree not
to use them for transmitting or receiving any communication or material of any
kind when in SkyNET’s sole judgment the transmission, receipt or
possession of such communication or material (i) would constitute a criminal
offense, give rise to a civil liability, or otherwise violate any applicable
local, state, national or international law or (ii) encourages conduct that
would constitute a criminal offense, give rise to a civil liability, or
otherwise violate any applicable local, state, national or international law. SkyNET
reserves the right to terminate your Service immediately and without advance
notice if SkyNET, in its sole discretion, believes that you have violated
the above restrictions, leaving you responsible for the full month's charges to
the end of the current term, including without limitation unbilled charges, all
of which immediately become due and payable and may, at SkyNET’s
discretion, be immediately charged to you. You are liable for any and all use
of the Service and Device(s) by yourself and by any person making use of the
Service and Device(s) provided to you and agree to indemnify and hold harmless SkyNET
against any and all liability for any such use. If SkyNET,
in its sole discretion, believes that you have violated the above restrictions,
SkyNET may forward the objectionable material, as well as
your communications with SkyNET and your personally identifiable information to the
appropriate authorities for investigation and prosecution and you hereby
consent to such forwarding.
G. Theft of Service
You agree to notify SkyNET
immediately, in writing, by electronic mail or by calling the SkyNET
customer support line from your SkyNET registered phone number, if you become aware at any
time that your Service and/or Device(s) is being or has been stolen or used
fraudulently. When you call or write, you must provide your account number and
a detailed description of the circumstances of the fraudulent use of Service
and/or Device(s). Failure to do so in a timely manner may result in the
termination of your Service and additional charges to you. You must keep your
account information private so that it cannot be used by someone else to use
the SkyNET network, failure to do so will result in your
liability for all fraudulent use of the Service. SkyNET
will not issue credit for invoiced charges for fraudulent use, or the lack of your
inspection and monitoring of automatic monthly payments by your financial institution
to SkyNET or resulting from your negligent or willful acts or
those of an authorized user of your Service and/or Device(s).
H. Copyright / Trademark
The Service, Devices,
and any firmware or software used to provide the Service or provided to Customer
in conjunction with providing the Service, and all Services, information,
documents and materials on SkyNET’s website are protected by trademark, service mark,
copyright or other intellectual property laws and international treaty
provisions. All websites, corporate names, service marks, trademarks, trade
names, logos and domain names (collectively "marks") of SkyNET, or
SkyNET’s vendors, are and shall remain the exclusive
property of SkyNET and/or its vendors, and nothing in this Agreement
shall grant you the right to license or to use such marks. You acknowledge that
you are not given any license to use the Device, firmware or software used to
provide the Service or provided to the Customer in conjunction with providing
the Service, other than a nontransferable, revocable license to use such
firmware or software (without making any modification thereto) strictly in
accordance with the terms and conditions of this Agreement.
I. Service Distinctions
You acknowledge and
understand that the Service is not a telecommunications service, rather this is
either a dial-around service (if used as such) or a unique service that we
provide on a best effort basis. If used as a dial-around service, you must
already have or have access to some other phone in order to use the SkyNET
Service. If used with a broadband Device(s), important distinctions (some, but
not necessarily all, of which are described in this Agreement) exist between telecommunication
service and the Service offerings provided by SkyNET.
The Service is subject to different regulatory treatment than telephone
service. This treatment may limit or otherwise affect your rights of redress
before Federal, State or Provincial telecommunications regulatory agencies.
J. Access To or Loss of Service / Interruption of
Service
The Dial-Around Service
does not function without your access to a working telephone, provided by
others, with dial tone. Your failure to access a working telephone to use your
SkyNET service with will not affect your responsibility to
pay for your SkyNET service. SkyNET’s
network, or its access lines, may be out temporarily from time to time for a
variety of reasons beyond SkyNET’s control including acts of God, extended loss of
power, loss of bandwidth service, equipment failure, or other causes beyond SkyNET’s
control. Provided said interruptions are temporary or intermittent, the status
of and payment for your Service will not be altered or adjusted.
The Broadband Service
does not function without your access to your own privately-acquired broadband
(high-speed) internet connection, powered by your own power source. Your
failure to access a working broadband connection with its own power source to
use your SkyNET Service with will not affect your responsibility to
pay for your SkyNET Service. SkyNET’s
network, or its access lines, may be out temporarily from time to time for a
variety of reasons beyond SkyNET’s control including acts of God, extended loss of
power, loss of bandwidth service, equipment failure, or other causes beyond SkyNET’s
control. Provided said interruptions are temporary or intermittent, the status
of and payment for your Service will not be altered or adjusted.
K. Use of Service / Origination of All Calls
(1) All use of SkyNET’s
Service must originate
(a) from a phone that can connect to SkyNET’s
network from one of the SkyNET-provided access numbers,
(b) from your phone connected to a Device or Devices we
provide you that accesses SkyNET’s network through your broadband internet
connection,
(c) or from your computer using software (SkyPHONE
softphone) we provide you that accesses SkyNET’s
network through your broadband internet connection,
(2) Rates are based on calls originating as stated.
International calls, not made in conjunction with any SkyNET
plan allowing for such calls, are billed additionally in sixty second
increments and at International rates as posted on the SkyNET
web site; rates are subject to change at any time beyond what may be posted on
the web site.
L. Notice of Rate, Calling Plans, Software or
Hardware Devices, or User Terms & Conditions Changes
SkyNET
may change the rates, calling plans, software or hardware Devices, or user
Terms & Conditions for the Services from time to time. We may decrease
prices without providing advance notice. Changes to any other rates, calling
plans, or user Terms & Conditions in the Agreement will be published at www.skynet-tel.com
and will be incorporated by reference into this Agreement. Changes of use or
brand of software or hardware Devices, used and/or delivered to you for use in
conjunction of your Service, may be made at any time without notice.
M. Rounding Policy
For billing purposes,
the length of each metered call is rounded as described in each Calling Plan.
If the computed charge for a call includes a fraction of a cent, the fraction
is rounded up to the nearest whole cent. If the computed charges for taxes and
surcharges include a fraction of a cent, the fraction is rounded up to the
nearest whole cent.
N. Service Outage Due to Suspension of Your Account
You acknowledge and
understand that service outages due to suspension of your account as a result
of billing issues will prevent ALL Service access. If your account is suspended as a
result of a billing issue, and it is determined in SkyNET’s
sole discretion the issue and suspension was a direct result of your actions
and or lack of actions for any reason, you will be responsible for the normal
monthly charges incurred between the time of said suspension of service and
reactivation of service, including any re-connect fees to reactivate your
service. The current reconnect fee is $19.99.
O. Other Service Outages
You acknowledge and
understand that if there is a service outage for ANY reason, such outage may
occur for a variety of reasons, including, but not limited to those reasons
described elsewhere in this Agreement.
P. Timing of Calls
Generally, timing of
metered calls begins when the called party or an automated answering device
(such as an answering machine or a facsimile machine) answers the call, and
ends when one of the parties disconnects from the call. However, some foreign
carriers (with whom SkyNET must interconnect in order to terminate calls to
foreign countries) designate a call as "answered" when the called
party's line rings or after a certain number of rings, and will charge SkyNET
for a completed call. In these situations, SkyNET will charge for the call as
if it were answered by the called party.
Q. International Services
(1) Foreign Carrier Restrictions. Foreign carriers or
regulatory agencies may impose, upon the portion of the end-to-end
international service or facilities they provide, certain limitations or
restrictions that may limit your ability to use the SkyNET Services
or Devices. You must conform to any limitations or restrictions imposed by the
foreign carriers or agencies.
(2) Foreign Carrier Acts or Omissions.
(a)
When other U.S. or foreign carriers and foreign telecommunications
administrations use facilities to establish connections to points not reached
by SkyNET’s network, SkyNET
is not liable for acts or omissions of other carriers or foreign
telecommunications administrations.
(b) International calls are priced on the basis of the country and city codes
dialed by you. When the facilities of other U.S. or foreign carriers are used
in establishing connections to points not reached by SkyNET’s
network, SkyNET is not liable for refunds or damages if those calls
do not terminate in the country, city or area codes associated with the called
number.
R. Third Party Products
Electronic Devices, such as phone adapter boxes,
auto-dialers, USB phones, SkyPHONE softphone software, and any other
like hardware or software, are utilized and distributed to you in an as-is
condition, unless otherwise specified. The SkyNET ATM
debit card and the SkyNET Advantage MasterCard Card are produced and supported
by third party vendors of SkyNET. These products, Devices, and software are governed
by their own specific terms and conditions. You agree that you will adhere to
these terms and conditions of use for these products, and will hold SkyNET
harmless from all claims that may arise from their use. SkyNET
electronic Devices are manufactured to be used with electricity of the same
voltage as is available in the United States. Use of these
Devices must be used with proper voltage regulators if these same voltage
requirements are not available. Failure to do so will result in the full cost
of these Devices being charged to you.
S. Promotions
(1) From time to time SkyNET
may offer customer incentives and special promotions. See promotional
materials for program specifics on limited time offerings.
(2) $5 Referral Credit. Subscribing customers will
receive a $5 service credit applied to a SkyNET
service plan for each referral that becomes a SkyNET
customer. This credit is applied after referred customers’ 3rd billing cycle
and on the condition that the referring account is current the 3rd month after
the referred customer pays.
(3) New broadband subscribers will be given a
complimentary month’s use of the SkyNET SkyPHONE softphone service (which requires
a download of soft phone software)
which can be used to make broadband calls immediately upon sign-up. You will
be emailed download instructions upon sign-up completion.
T. Faxes
Sending faxes using the SkyNET
Dial-Around Service will work as usual, limited by the performance of your fax
machine, your phone line used to connect to SkyNET’s
network, or the fax recipient’s lines and equipment. However, you hereby acknowledge
that sending faxes using the broadband connection to SkyNET’s
network is not the best solution for your faxing needs. Current technology for
sending faxes over VoIP has not advanced to the degree to provide for 100%
reliable results.
III. DIALING 911 EMERGENCY SERVICES
A. Distinction of Service use
SkyNET understands that you may use the Service in a
variety of ways, to include exclusive or non-exclusive use of the Dial-Around
access, the broadband analogue phone adapter, the SkyPHONE softphone, or any combination of these. In all
cases, 911 Emergency Dialing, whether or not accessed through this Service, is
your responsibility to understand how response may be affected by your using
this Service.
B. Non-Availability of Traditional 911 or E911 Dialing
Service.
The SkyNET Service does not support traditional 911 or E911
access to emergency services in all locations. Where we do not offer
traditional 911 or E911 access, we offer a feature known as "911
Dialing" which is a limited emergency calling service available only on SkyNET-certified
Devices or Equipment. THE 911 DIALING FEATURE CANNOT BE USED IN CONJUNCTION
WITH A SKYNET SOFTPHONE OR VIRTUAL NUMBERS.
Our 911 Dialing feature is not automatic; you must separately take affirmative
steps, as described in this Agreement, on our website, and through emails sent
you upon sign-up of your account with us, to register the address where you
will use the Services in order to activate the 911 Dialing feature. You must do
this for each SkyNET phone number that you obtain or port to us. The 911
Dialing feature of the Service is different in a number of important ways from
traditional 911 or E911 service as described on our website page for 911
Dialing under "Features," and below. You shall inform any household
residents, guests and other third persons who may be present at the physical
location where you utilize the Service of (i) the non-availability of
traditional 911 or E911, and (ii) the important differences in and limitations
of the SkyNET 911 Dialing feature as compared with traditional 911
or E911 dialing. The documentation that accompanies each Device that you
purchase should include a sticker concerning the potential non-availability of
traditional 911 or E911 dialing (the "911 Sticker"). It is your responsibility,
in accordance with the instructions that accompany each Device, to place the
911 Sticker on or near each Device that you
use with the Service. If you did not receive a 911 Sticker with your Device, or
you require additional 911 Stickers, please contact our customer support at
1-888-755-8529
(888-755-8529
).
C. Registration of Physical Location Required.
For each phone number that you use for the Service,
you must register with SkyNET the physical location where you will be using the
Service with that phone number. When you move the Device to another location,
you must register your new location. If you do not register your new location,
any call you make using the 911 Dialing feature may be sent to an emergency
center near your old address. You will register your initial location of use
when you subscribe to the Service. Thereafter, you may register a new location
by following the instructions from the "911" registration link on
your SkyNET Personal Account Manager (PAM) page. For purposes of
the 911 Dialing feature, you may only register one location at a time for each
phone line you use with the Service.
D. Confirmation of Activation Required.
Your 911 Dialing feature will not be activated for
any phone line that you are using with the Service, unless and until you
receive an email from us confirming that the 911 Dialing feature has been
activated for that phone line.
E. How Emergency Personnel are contacted.
We contract with a third party to use the address of
your registered location to determine the nearest emergency response center and
then forward your call to a general number at that center. When the center
receives your call, the operator will not have your address and may not have
your phone number. You must therefore provide your address and phone number in
order to get help. Some local emergency response centers may decide not to have
their general numbers answered by live operators 24 hours a day. If we learn
that this is the case, we will send your call instead to a national emergency
calling center and a trained agent will contact an emergency center near you to
dispatch help. You hereby authorize us to disclose your name and address to
third-party service providers, including, without limitation, call routers,
call centers and public service answering points, for the purpose of
dispatching emergency services personnel to your registered location.
F. Use of Service and Device(s) by Customers Outside the
United States.
If you use the Service or the Device(s) outside of
the United States, you will be solely
responsible for any violations of local laws and regulations resulting from
such use. We reserve the right to terminate your Service immediately if we
determine, in our sole and absolute discretion, that you have used the Service or
the Device(s) outside of the United States in any manner that
is detrimental to SkyNET, its customers, distributors or vendors.
G. Tampering with a Device or Service.
You shall not change the electronic serial number or
equipment identifier of any Device or to perform a factory reset of any Device
without our prior written consent. We reserve the right to terminate your
Service if we believe, in our sole and absolute discretion, that you have
tampered with the Device. In the event of such termination, you will remain
responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will immediately become due and payable. You shall not
attempt to hack or otherwise disrupt the Service or make any use of the Service
that is inconsistent with its intended purpose.
H. Service Outages.
(1) Service Outages Due to Power Failure or Disruption.
911 Dialing does not function in the event of a power failure or disruption. If
there is an interruption in the power supply, the Service, including 911
Dialing, will not function until power is restored. Following a power failure
or disruption, you may need to reset or reconfigure the Device prior to
utilizing the Service, including 911 Dialing.
(2) Service Outages Due to Internet Outage or
Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of
service by your broadband provider or ISP
will prevent all Service, including 911 Dialing, from functioning. Following a
service outage or disruption, you may need to reset or reconfigure the Device
prior to utilizing the Service, including 911 Dialing. Consult with our web
site’s FAQ page for this simple operation.
(3) Service Outage Due to Suspension or Termination of
Your SkyNET Account.
Service outages due to suspension or termination of your account will prevent
all Service, including 911 Dialing, from functioning.
(4) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts.
Your ISP or broadband provider or other third party may
intentionally or inadvertently block the ports over which the Service is
provided or otherwise impede the usage of the Service. In that event, provided
that you alert us to this situation, we will attempt to work with you to
resolve the issue. During the period that the ports are being blocked or your
Service is impeded, and unless and until the blocking or impediment is removed
or the blocking or impediment is otherwise resolved, your Service, including
the 911 Dialing feature, may not function. You acknowledge that SkyNET
is not responsible for the blocking of ports by your ISP
or broadband provider or any other impediment to your usage of the Service, and
any loss of service, including 911 Dialing, that may result. In the event you
lose service as a result of blocking of ports or any other impediment to your
usage of the Service, you will continue to be responsible for payment of the
Service charges unless and until you terminate the Service in accordance with
this Agreement.
(5) Other Service Outages.
If there is a Service outage for any reason, such outage will prevent all
Service, including 911 Dialing, from functioning. Such outages may occur for a
variety of reasons, including, but not limited to, those reasons described
elsewhere in this Agreement.
I. Re-Activation Required if You Change Your Number or
Add or Port New Numbers.
911 Dialing does not function if you change your
phone number or if you add or port new phone numbers to your account, unless
and until you successfully register your location of use for each changed,
newly added or newly ported phone number.
J. Network Congestion; Reduced Speed for Routing or
Answering 911 Dialing Calls.
There may be a greater possibility
of network congestion and/or reduced speed in the routing of a 911 Dialing call
made utilizing the Service as compared to traditional 911 dialing over
traditional public telephone networks.
K. Possible Lack of Automatic Number Identification.
It may or may not be possible for
the local emergency personnel to automatically obtain your phone number when
you use 911 Dialing. Our system is configured to send the automatic number
identification information; however, one or more telephone companies, not us,
route the traffic to the emergency response center and that center may not be
capable of receiving and passing on that information. As a result, the operator
who answers your 911 Dialing call may not be able to automatically obtain your
phone number and call you back if the call is not completed or is not
forwarded, is dropped or disconnected, if you are unable to speak to tell the
operator your phone number, or if the Service is not operational for any
reason.
L. No Automated Location
Identification.
In most service areas, it is not
possible at this time to transmit to the local emergency response center the
address that you registered for 911 Dialing. You will need to state the nature
of your emergency promptly and clearly, including your location (and possibly
your telephone number), as the operator will not have this information.
Emergency personnel will not be able to find your location if the call is not
completed or is not forwarded, is dropped or disconnected, if you are unable to
speak to tell the operator your location, or if the Service is not operational
for any reason.
M. Disclaimer of Liability and
Indemnification.
SkyNET does not have any control over whether, or the
manner in which, calls using our 911 Dialing service are answered or addressed
by any local emergency response center. We disclaim all responsibility for the
conduct of local emergency response centers and the national emergency calling
center. We rely on third parties to assist us in routing 911 Dialing calls to
local emergency response centers and to a national emergency calling center. We
disclaim any and all liability or responsibility in the event such third party
data used to route calls is incorrect or yields an erroneous result. Neither SkyNET nor its officers or employees may be held liable for any claim,
damage, or loss, and you hereby waive any and all such claims or causes of
action, arising from or relating to our 911 Dialing service unless such claims
or causes of action arose from our gross negligence, recklessness or willful
misconduct. You shall defend, indemnify, and hold harmless SkyNET, its officers, directors, employees, affiliates, distributors, agents,
and any other service provider who furnishes services to you in connection the
Service, from any and all claims, losses, damages, fines, penalties, costs and
expenses (including, without limitation, attorneys fees) by, or on behalf of,
you or any third party relating to the absence, failure or outage of the
Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or
the inability of any user of the Service to be able to use 911 Dialing or
access emergency service personnel.
N. Alternate 911 Arrangements.
If you are not comfortable with
the limitations of the 911 Dialing service, you should consider having an
alternate means of accessing traditional 911 or E911 services or terminating
the Service.
IV. CHARGES,
TAXES, TERMINATION
A. Money Back Guarantee; Limitations and Conditions.
(1) Residential and Small Business Customers.
We offer a 30-day money back guarantee from the date
of activation of your Service. The money back guarantee applies only to the
first-ordered line per account, not to additional or secondary lines. We will
refund the activation fee, the monthly charge for the first month of Service
(unless this first month of service was offered free as a promotion),
and the termination fee provided that:
(a) you have not exceeded 250
minutes of usage;
(b) you cancel your Service within the applicable period;
(c) you return the Device(s)
to us in original condition, within 14 days after the
cancellation of your
Service;
(d) the Device(s)
is (are) returned in the original packaging with the UPC
or bar code intact and is accompanied by all components, accessories, parts,
manuals, registration cards and other documentation; and
(e) prior to returning the Device to us, you obtain a
valid Return Merchandise Authorization (RMA)
number from our customer support department, which can be reached at customersupport@skynet-tel.com or 888-755-8529.
.
(2)
Applicable taxes cannot be
refunded. You will be responsible for any charges for international usage,
payphone calls to SkyNET toll free numbers and directory assistance.
(3)
We reserve the right to terminate or revoke this
money back guarantee at any time, without prior notice.
B. Excess Use
Excess minutes will be charged in addition to regular
monthly calling plan amount and will be billed as follows: if under $25.00
within the monthly billing cycle, they will be billed at time of next account
debit (charge) for service; upon the accumulation of $25.00 before the end of
the monthly billing cycle, the selected payment method will be charged
immediately, and each additional time immediately upon the accumulation of
another $25.00. Customers may avoid possible service suspension by recharging
their account as set forth in these Terms &Conditions.
C. Non-SkyNET Charges for Calls
(1) Payphone Charges
If you make use of SkyNET’s
travel card via a PIN, or any other toll-free service that may be offered
by SkyNET in the future, from any pay phone, you acknowledge
and agree that SkyNET is entitled to recover from you any charges imposed
on SkyNET by payphone owners or operators, either directly or
indirectly through SkyNET’s suppliers in connection with toll free calls made
to your number, or any charges imposed on SkyNET
by its suppliers to recover such costs, in addition to the SkyNET charges
for making this call. SkyNET may recover these amounts by means of a per-call
charge, rounded up to the next cent, or in such other fashion as SkyNET
deems appropriate for the recovery of these costs. Currently this cost is
$0.75 per call.
(2) Charges for Directory Calls
SkyNET will charge $1.25 for each call made to SkyNET
for directory assistance (411), plus any add on charges assessed SkyNET
for this service accessed outside SkyNET’s network.
D. Surcharges
In addition to surcharges that may be found in the
applicable Calling Plan, SkyNET may adjust its rates and charges or impose
additional rates and charges to recover amounts it is required or permitted by
governmental or quasi-governmental authorities to collect from others or pay to
others in support of statutory or regulatory funds or programs
("Governmental Charges").
E. Taxes
(1) All taxes, tax-like charges, and tax-related
surcharges are referred to collectively as "Tax(es)." SkyNET
may elect to impose and collect such Taxes, unless otherwise constrained by
court order or direction.
(2) You agree to pay all Taxes imposed. If SkyNET
has collected Taxes and a challenged Tax is found to have been invalid and
unenforceable, SkyNET, in its sole discretion, will either reduce service
rates for a fixed period of time in the future in order to flow-through to
customers an amount equivalent to the amounts collected, or it will credit or
refund such amounts to affected customers (less its reasonable administrative
costs), if the amounts collected were retained by SkyNET
or if they were delivered to the jurisdiction and returned to SkyNET,
or it will negotiate an arrangement with the jurisdiction to provide a future
benefit for customers in that jurisdiction.
F. Termination Fee
You
will be charged a termination fee of $39.99 per voice line if your Service is
terminated for any reason during the first twelve months following the
activation of your Service.
G. Number Portability or Transfer on Service
Termination
(1) Phone numbers assigned to you by SkyNET,
for use with your SkyNET Service, are the property of SkyNET,
and are assigned only for as long as you continue your account, remain in good
standing, and keep your payments current. You acknowledge that these assigned
phone numbers are not portable or transferable. Upon termination of the
Service, SkyNET may, at its sole discretion, release a telephone
number that was assigned by SkyNET and used in connection with your Service provisioned
by SkyNET to any telephone you own or lease. Release, if so
granted, will be conditional on your SkyNET
account being completely current, including payment for all charges and fees;
and that you request the transfer at least ten (10) days prior to terminating
your account.
(2) Phone numbers ported to SkyNET that
were previously owned by you remain your property as long as your account
remains in good standing. Upon any termination of Service, you may request the
number be ported to another carrier and SkyNET
will not unreasonably deny such request, provided that
(a) all outstanding business with SkyNET
is settled to SkyNET’s satisfaction prior to the number being released,
(b) you request transfer prior to the termination of
your account,
(c) your account has been properly been terminated,
(d) and that such new service provider is able to
accept such number.
H. Return of Device(s) (May Not Apply to Larger
Business Customers that Purchased Device(s))
(1) You
may return the Device(s) to us within fourteen (14) days of the termination of
Service to receive a credit for the $39.99
termination
fee (See Section IV F) provided that:
(a)
the Service is terminated within the first thirty
(30) days following the activation of the Service;
(b)
the Device(s) is (are) in original condition,
reasonable wear and tear excluded;
(c)
the original packaging, all parts, accessories, and
documentation is included;
(d)
prior to returning the Device(s) to us, you obtain a
valid Return Merchandise Authorization number (RMA) from our
customer support department, which can be reached at customersupport@slkynet-tel.com
or 888-755-8529.
(e)
you pay all costs of shipping the Device(s) back to
us.
(2)
If you disconnect multiple lines, we will issue you a
credit for all termination fees upon receipt of all Devices in accordance with
the requirements set forth above.
(3) If you receive cartons or Devices that are visibly
damaged, you must note the damage on the carrier's freight bill or receipt and
keep a copy. In such event, you must keep the original carton, all packing
materials and parts intact in the same condition in which they were received
from the carrier and contact our customer support department immediately at customersupport@slkynet-tel.com
or 1-888-755-8529
.
V. CANCELLATION
OF SERVICE
A. By the Customer
(1)
If you cancel your Service with SkyNET, you will not be able to use the Service.
(2)
Cancellation may take up to two business days.
(3)
Such cancellation will become effective immediately, but will not cancel any
Customer obligation to pay for service for the current month’s charges.
(4)
There will be no credits for past months of service.
(5)
Cancellation will result in loss of unused minutes for all Calling Plans.
Cancellation of Unlimited Access and 1 ¢ Plans will result in no further
billing of account other than past and current billing.
(6)
In the event a special incentive promotion was offered by SkyNET
and accepted by client consisting of minimum subscription duration, client will
be required to complete the stated subscription duration or forfeit and be
charged the full retail value of any and all promotional items related to the
promotion.
(7)
Payment will be due in full on premature cancellation by the customer.
(8) CUSTOMER NOTICE OF CANCELLATION -
You may cancel this transaction without penalty or obligation within three (3)
business days (Alaska residents five (5) days, non-U.S. residents,
10-days) from the date of placing this Retail Order. If you cancel, you must
return to SkyNET, in its original condition and packaging as when
received, any items, Devices, software, or cards delivered to you under this
contract or sale. If you fail to return the items, Devices, software, or cards
by U.S. mail to SkyNET, or if you agree to return the items or cards to SkyNET
and fail to do so, then you remain liable for performance of all obligations
under this contract. To cancel this transaction, mail or deliver a signed and
dated copy of your cancellation notice or any other written notice, or send an
electronic mail (e-mail) to customersupport@skynet-tel.com , or a
telegram not later than midnight three (3) or other applicable business days after
the date of purchase to
SkyNET TeleSystems
Attn: Customer Support
PO Box 6888
Spring Hill, Florida 34611
888-755-8529
B. By SkyNET
(1)
SkyNET reserves the right to discontinue furnishing Services,
cancel your account, and/or block your access to SkyNET’s
network, without incurring any liability, immediately and without notice if SkyNET
deems that such action is necessary to prevent or to protect against fraud or
to otherwise protect SkyNET's personnel, agents, distributors, vendors, facilities,
or services. Without limitation, SkyNET may take such actions if:
(a)
You refuse to furnish information or furnish false information that (i) is
essential for billing; your past or current use of common carrier
communications service, or your planned use of such service;
(b)
You indicate that you will not comply with a request for security for the
payment for Services;
(c)
Your Service usage charges exceed established parameters based on your history
of usage, which may indicate a likelihood of non-payment or possible fraud;
(d)
You have been given written notice by SkyNET
of any past due amount (which remains unpaid, in whole or in part) for any of SkyNET's
or an affiliated carrier's Service to which you either subscribe or had
subscribed or used;
(e)
You either refuse to pay when billed for Service or indicate to SkyNET
or an entity billing on SkyNET's behalf that you do not intend to pay for Service
used by you;
(f)
You use, or attempt to use, service with the intent to avoid the payment,
either in whole or in part, of the charges for the Service by (i) using or
attempting to use Service by rearranging, tampering with, or making connections
to Service in an unauthorized manner; or (ii) using tricks, schemes, false or
invalid numbers, false credit devices, or other fraudulent means or devices;
(g)
You act, or fail to act, in a manner that hinders or frustrates any
investigation by SkyNET or others having legal authority to investigate your
legal obligations;
(h)
Your telephone equipment fails to pass back to SkyNET
the appropriate signal to start and stop billing for a call;
(i)
You were previously provided with notice of breach of contract, took corrective
action, but thereafter engage in the same breach activity; or
(j)
You act in a manner that is threatening, obscene, harassing, or abusive to SkyNET
personnel.
(k)
You act in violation of section or sections herein.
(2)
SkyNET reserves the right to discontinue furnishing Services,
cancel your account, and/or block your access to SkyNET
network, without incurring any liability, immediately upon written notice to
you if:
(a)
Any invoice charges remain outstanding and owed by you after invoice notifying
you of the charges; or
(b)
You fail to comply with a request by SkyNET
for security for the payment for Services and/or Devices.
(c)
Any method of payment that you have selected fails to remit to SkyNET
upon SkyNET’s attempt o charge it.
(3)
The discontinuance of Service(s) by SkyNET
pursuant to these provisions does not relieve you of any obligation to pay SkyNET
for charges due and owing for Service(s) and/or Devices furnished up to the
time of discontinuance. SkyNET may charge you a $39.99 Disconnect Fee if your
service is canceled pursuant herein.
VI. PAYMENT
OBLIGATIONS
A. Method of Payment
You must provide SkyNET with a valid method of
payment when the Service is activated. If this method is a credit card, ACH, E-Check, ATM card, Pay Pal, private
Local Exchange Carrier phone bill, or any cash-equivalent instrument, and the instrument
expires, you close your instrument-account, your billing address changes, or
the instrument is cancelled and replaced because of loss or theft, you must
advise SkyNET immediately.
B. Invoiced Charges
SkyNET will invoice all recurring charges on a monthly
basis, in advance, to your cash equivalent instrument, or to your local phone
bill (if applicable), including but not limited to: activation fees and monthly
Service fees, advanced feature charges, equipment purchases and shipping and
handling charges. Any charges not included in your calling plan and any
additional usage charges are billed after each billing period. If SkyNET
changes its rates, recurring monthly charges affected by such change will be
assessed at the new rate for the full billing period during which the new
recurring charge rate became effective.
C. Liability for Charges
(1) SkyNET may terminate your Service at any time in its sole
discretion, if any charge to any applicable billing method on file with SkyNET
is declined or reversed, or if your cash equivalent instrument expires and you
have not provided SkyNET with a valid replacement payment instrument or
method, or in case of any other non-payment of account charges. Termination of
Service for these reasons leaves you fully liable to SkyNET
for all charges accrued before termination and for all costs incurred by SkyNET
in collecting such amounts, such as (but not limited to) collection costs and
attorney's fees.