Terms and Conditions of Service
In this Agreement, “We”, “Ours”, or “Us” means Hy-Tek Computer Sales and Service Ltd., an Alberta Corporation acting through its SparkSignal™ division (“SparkSignal”), LLC, and their affiliates. “You” or “Yours” refers to the applicant(s) who sign this Agreement and requests to receive broadband service (“Services”) from SparkSignal™. All references to “service” shall mean “Internet access service” only unless otherwise specified. The term “Company” shall at all times refer to SparkSignal™. The term “Subscriber”, or “Customer” shall at all times refer to the undersigned Subscriber named herein. Any reference to the term “Agreement” or to the term “Contract” is understood to refer to the same.
1. Internet Access Scope of Agreement. SparkSignal™ undertakes to provide the Subscriber with Internet access service. We agree to provide, and You agree to purchase, broadband Internet service under the terms and conditions of this Agreement. You will select the level of service You would like by signing an Application for Broadband Service. We will not be obligated to continue providing broadband service to You unless You comply with the terms and conditions, including the payment requirements, contained in this Agreement. Provision of broadband to You depends upon the availability of the required equipment, and We may substitute, change, or rearrange the equipment used to provide broadband service to You if We feel it is necessary for any reason.
2. Use. You may use the Services for any lawful purpose. However, you may not interfere with or impair service or the privacy of any other person’s communication over Our system. WE MAY IMMEDIATELY SUSPEND, TERMINATE, OR OTHERWISE INTERRUPT YOUR SERVICE IF WE HAVE REASON TO BELIEVE THAT YOU HAVE USED THE SERVICE IN VIOLATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) OR OTHER LAWS, OR IN VIOLATION OF ANY BOARD POLICY ESTABLISHED BY THE SPARKSIGNAL™ BOARD OF DIRECTORS. You may receive a copy of the DMCA and current Board Policy regarding acceptable use of the Services. The SparkSignal™ Board of Directors may establish or alter its policies regarding acceptable use of the Services, and You agree that Your Service is subject to those policies as they may be amended from time to time. We will inform You if those policies change, and You will have the right to discontinue Service if You do not wish to comply with current policies.
3. Service Date and Term. This Agreement shall take effect when it is signed and shall continue in effect for as long as You purchase broadband service from Us. If We agree to build a new line extension to reach Your location, you may be required to pay for those facilities in a different agreement.
4. Demarcation Point. We will designate the Demarcation point (“Demarc”) where You will receive the Services. You are responsible for all wiring, equipment, access, or other things needed for Your use of broadband on Your side of the Demarc. While We may be able to help You set up or troubleshoot Your broadband, we are not required to do so, and We are not required to pay for any equipment on Your side of the Demarc.
5. Customer Responsibilities. You will pay all monthly service charges, as they appear on Your bill. You will arrange for access within Your premises as necessary for Our personnel to install, repair, inspect, maintain, replace, or remove the equipment We provide. You are responsible for notifying Us if there is any problem with Your service.
6. Equipment. We will continue to own all equipment that We provide for Your broadband service. Upon disconnection of the Services, we will remove any equipment necessary.
7. Limitation of Liability. Your sole and exclusive remedy under this Agreement for any breach by Us shall be to terminate this Agreement. IN NO EVENT SHALL SPARKSIGNAL™, HY-TEK COMPUTER SALES AND SERVICE LTD., OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO THE SERVICES OR SPARKSIGNAL™ PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.
8. Termination. You may terminate this Agreement for any reason, but all sums for Services You have received at the time You terminate shall become immediately due and payable. Except for situations covered by Section 2 of this Agreement, we may terminate this Agreement at any time if We give You at least ninety (90) days written notice.
9. Indemnity. If any claims are made against Us that were caused by Your use of the Services, You will be responsible for all costs arising from that claim, and You will reimburse Us for Our defense of the claim and any costs We pay as a result.
10. Assignment. You may not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party.
11. Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.
12. Service Availability Warning: SparkSignal™ does not guarantee uninterrupted service. The availability of the Internet access service provided by SparkSignal™ will be subject to power outages and other conditions affecting Internet use, which are outside the control of the SparkSignal™. By accepting this contract, the Subscriber will be deemed to have considered and accepted this qualification with respect to the Subscriber’s application of the service to the use of VoIP telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections. The Subscriber hereby releases SparkSignal™ from all claims it may have against SparkSignal™ in the future arising from damage or losses suffered by the Subscriber as a result of interruption of service due to conditions beyond the control of SparkSignal™.
a. Installation: Payment, if applicable, is due on completion of equipment installation and activation of the Internet service. SparkSignal™ requires that a deposit be paid, or a contract approved prior to installation of any system. The deposit will be fully refunded to the customer and this Agreement canceled without further obligations by either party if service cannot be installed within 120 days from date of application. Balance of payment is due upon completion of installation and provisioning of service. The term “Basic installation” refers to the Installation, 25 km travel, J-bracket, CPE, 75 feet of cable. Please refer to our website www.sparksignal.net for installation fees.
b. Internet Service: On activation of the Internet service, the Subscriber will be billed for the service from the date the service is activated (anniversary date) to one day prior to that date in the following month. Thereafter, service charges will be billed from anniversary date to anniversary date (billing period). All payments relating to the service must be made by Credit Card or Bank Account. Accounts are considered active until canceled by the Subscriber at the end of the Contract term. All accounts will be billed automatically for each billing period. A notice of billing will be sent to the Subscriber via e-mail. A service charge of 2% per month may be charged, at the sole discretion of SparkSignal™, on all past due amounts. If the Subscriber account is referred to collection, the Subscriber agrees to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court costs.
Payment for internet services is due 30 days from date of billing. Failure to pay the balance due before the next billing date will result in the account being marked as delinquent. If the delinquent status is allowed to continue, the account will be automatically switched to an “Inactive” status, at which time the internet service will be deactivated.
To reactivate an account, customers will be required to make payment on the account in full in person at 4920 51 Ave, Rocky Mountain House, AB T4T 1J6. In addition, a reactivation fee of $45.00 may be applied to the account.
c. Deactivation / Reactivation of Service: A service may be deactivated due to failure of payment on the
Subscriber’s account, or for any breach of this Contract, as determined by SparkSignal™ at its sole
discretion. To reactivate a service, full payment must be made on the current balance and, at the sole
discretion of SparkSignal™, a reactivation fee of $45.00 will be applied to the account.
d. Additional Fee: In the event the Subscriber requires SparkSignal™ to recover or reset the Subscriber’s
password or SSID, a fee of $125.00 may be charged to the Subscriber’s account.
14. Change in Terms: SparkSignal™ reserves the right to change the terms and conditions as required to conform to changes in Government Regulations, such action to be taken only in so far as such changes in regulations affect this Contract.
15. Applicable Law: The Subscriber agrees that this Agreement is governed by the laws of the province of Alberta and of Canada. The Subscriber agrees that Rocky Mountain House, Alberta, in which the registered office of SparkSignal™ is located, shall be the forum for any legal action relating to the services provided.
16. No Redistribution: The Subscriber is not permitted to resell or redistribute their Internet service connection to any third party without prior written consent. A violation of this term will result in the immediate termination of the Subscriber account. Hospitality service operators, such as hotels, resorts, clubs, marinas, etc. may provide temporary Internet access to their on-premises paying customers and guests, subject to the overall bandwidth limitations of the service plan herein provided.
17. Subscriber Responsibility: The Subscriber is responsible for:
a. Creating their own back-up copy of any important or critical information that they may have stored on their system or on SparkSignal™ server.
b. Establishing, maintaining, modifying, and protecting the Subscriber name and password.
c. Ensuring that battery backup is available to the Subscriber radios, routers, etc. during power outages; otherwise the Internet connection will not be available during a power outage.
d. Ensuring equipment is disconnected or suitably protected from lightning strikes or power surges, the Subscriber is liable for damage to Company’s equipment resulting from the Subscriber’s failure to protect Company equipment in a prudent manner.
e. Providing adequate virus and spyware protection to the Subscriber’s system
18. Illegal or Inappropriate Use of the Service:
a. Any Internet activity, which references back to SparkSignal™ or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to SparkSignal™ or an account or services provided by SparkSignal™ will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
b. Subscribers are responsible for the content of messages sent from their account, whether sent as mail or as electronic postings.
c. Subscribers shall not use their account to create or distribute any images, sounds, messages or other material, which are or may be considered in law to be obscene, pornographic, harassing, racist, malicious, fraudulent or libelous, nor use the account for any activity that may be considered unethical, immoral, illegal or against the public interest.
d. Subscribers shall not intentionally seek information about, browse for, obtain copies of or modify files, passwords, tapes or any electronically or digitally formatted or stored information belonging to other individuals, businesses or corporations, no matter where they are located, unless specifically authorized to do so by the owners of or persons having control over such information.
e. Subscribers shall not attempt to decrypt any encrypted material unless authorized to do so.
f. The use of the Subscriber account to send out any bulk and or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar email messages sent to 25 or more recipients where the recipient has not specifically requested such email. Any violation of this policy may result in the immediate termination of the account, at the sole discretion of SparkSignal™. Any violation of this spamming policy, will be assessed the following fines and penalties, which the Subscriber hereby agrees to pay:
i. First offence: $100.00
ii. Second offense: $500.00 and automatic termination of the Subscriber account.
g. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. Posting to any newsgroup in contravention of the newsgroup charter is prohibited. SparkSignal™ reserves the right to determine whether a post constitutes a prohibited act. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists or continued posting of articles that are off topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by SparkSignal™.
h. Impersonating another Subscriber or otherwise falsifying one’s Subscriber name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
i. A violation of any term in this section will result in the immediate termination of the service.
19. Remedies and Penalties: The actions SparkSignal™ takes may include account suspension or termination. SparkSignal™ does not issue any credits for accounts canceled due to breach by the Subscriber of any term or condition of this Contract. SparkSignal™ reserves the right to refuse service to anyone at any time for any reason. In addition to any other fees and penalties that may be assessed by SparkSignal™, as provided herein, the Subscriber shall be held liable for any and all costs incurred by SparkSignal™ as a result of the Subscriber’s violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorney’s’ fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. SparkSignal™ current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $175 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Use net
message sent, plus $1 per complaint received. These rates are subject to change at any time without
20. Common Use Policy: The Subscriber agrees that the personnel of SparkSignal™ and its subcontractors (together recognized as the “Service Providers”) will be allowed at their sole discretion to install, upgrade, repair and maintain the radio transmission equipment (the “Equipment”) to: a) provide service to the Subscriber; and b) operate the network (including without limitation the Equipment at the Subscriber’s premises) for the benefit of, and to provide services to, all Subscribers. The Subscriber specifically agrees to:
a. Provide space sufficient to install the Equipment on its buildings, structures, or towers (the “Facilities”)
b. Allow the Service Provider free access to the Facilities over the internal road system located on the remainder of the Subscriber’s property from a public road abutting the Subscriber’s property.
c. Allow the Service Provider to access outdoor Equipment at all times.
d. Where applicable, provide access to the interior of the Facilities during regular hours of operation for the Service Provider to maintain the Equipment, its power and network connections.
e. Provide reasonable care and protection for the Equipment
f. Prevent anyone from moving, altering, or modifying the Equipment, its installation, and configurations
21. Effective Date: This Agreement comes into effect upon the date it is executed or when the Internet service is activated, whichever comes first. Whether or not the Subscriber uses SparkSignal™ services, this Agreement is in effect and continues in full force and effect for the period of 24 (2 years) or 36 (3 years) months from the effective date dependent upon contract chosen by the subscriber.
22. Termination: In the event the Subscriber wishes to cancel the service, the Subscriber must notify SparkSignal™ in writing, no later than thirty (30) days prior to such cancellation, provided that such cancellation shall be deemed to be effective no earlier than the date upon which the term of this Agreement or any subsisting renewal thereof expires. This notice must be emailed or mailed to SparkSignal™ or otherwise delivered in accordance with SparkSignal™ policies. If at any time during the term of this Agreement the Subscriber fails to abide by any or all of the terms and conditions in this Agreement, SparkSignal™. reserves the right, at its sole discretion, to immediately cancel the Subscriber’s account and terminate this Agreement. The Contract may be terminated by SparkSignal™. at any time for default in payment but fees for the remaining contracted period are due in full. If this Agreement is terminated, for any reason, the Subscriber is responsible for any and all charges incurred on the Subscriber’s account as a result of this Agreement.
23. Renewal: All contracts will be automatically renewed at the expiry of the current term for a further term of the same length unless canceled in writing by the Subscriber. Notice of cancellation of a Contract must be received by SparkSignal™. no later than 30 days prior to expiry of the term. SparkSignal™, at its sole discretion, reserves the right to renew a Contract on altered terms, or to refuse renewal of an existing Contract upon the expiry of that Contract on notice in writing to the Subscriber delivered no later than 15 days prior to expiry of the existing Contract.
24. Equipment: All equipment supplied on the Subscriber’s premises by SparkSignal™ to provision the Service remains the property of SparkSignal™ or its agents. Any equipment belonging to SparkSignal™ that is not returned upon termination of service will be billed to the Subscriber at full acquisition cost which would be determined on a case by case basis. All relocates for equipment supplied on Customer premises by SparkSignal™ to provision the Service will be extra costs and will be determined per site per Customer. The Subscriber agrees that SparkSignal™ retains the right to remove SparkSignal™ equipment from the Subscriber’s premises for any reason and at any time, determined at SparkSignal™ sole discretion, and further agrees that the Customer’s consent is not required by SparkSignal™ for the removal of the equipment.
25. Prior Agreements Void: This Agreement hereby supersedes all previous representations,
understanding, or agreements, written or oral, by or between the Subscriber and SparkSignal™, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
16. Warranty: In providing Internet access service. SparkSignal™, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SECURITY, AND SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM PROVISION OF OR FAILURE TO PROVIDE THE SERVICE. WITHOUT LIMITING THE FOREGOING, SPARKSIGNAL™ WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET, RELIANCE ON INFORMATION
OBTAINED THROUGH THE INTERNET, INTERRUPTIONS IN SERVICE FOR ANY REASON, DELETION OF FILES OR E- MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE CUSTOMER’S RECORDS OR FILES, ERRORS, DEFECTS, DAMAGES TO COMPUTERS AND STORED INFORMATION DUE TO VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF PERFORMANCE.
26. Binding Agreement: This Agreement shall be binding upon the successors and assigns or, as the case may be, the heirs and personal representatives, of SparkSignal™ and the Subscriber.
27. Severability: If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Company website: https://www.sparksignal.net
o SparkSignal™ Open Internet Disclosure Statement
o SparkSignal™ Acceptable Use Policy
The undersigned acknowledges that the terms and conditions of this Contract as set out above have been read, and are understood, and agreed to.
The undersigned presents that they are authorized to act on behalf of the Subscriber named on this Contract, and that they bear full responsibility for any and all liability that may arise out of this representation. I hereby authorize SparkSignal™. or its agent to install equipment and provide Internet services as requested. I acknowledge that all Contracts are subject to final site survey; at which time a final decision of service availability and installation price will be made.
In lieu of a signature, it is understood that this Agreement has been accepted by the Subscriber by the Subscriber’s submission of an application for the service, approval of the installation and activation of the service.