Flypoint Broadband Sample Service Agreement
GENERAL TERMS AND CONDITIONS
All references to "service" shall mean "Internet access service" only unless otherwise specified. The term “Company” shall at all times refer to Flypoint Broadband LTD. 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 Service: The Company undertakes to provide the Subscriber with Internet access service.
2. Service Availability Warning: The Company does not guarantee uninterrupted service. The availability of the Internet access service provided by the Company will be subject to power outages and other conditions affecting Internet use, which are outside the control of the Company. 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 the Company from all claims it may have against the Company 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 the Company.
a. Installation: Payment, if applicable, is due on completion of equipment installation and activation of the Internet service. The Company requires that a deposit be paid or a lease contract approved prior to installation of any system that is outside the scope of the “Basic” installation package. 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 antenna located on a structure and cable run to shortest distance to the router within the structure. Please refer to our website www.flypointbroadband.ca 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, through the account’s “Customer Portal”. 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 the Company, 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 10 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 through their
customer portal, or by calling our office and using MasterCard or VISA, or in person at 245 Second Line W,
Sault Ste. Marie, Ontario. In addition, a reactivation fee of $25.00 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 the Company at its sole
discretion. To reactivate a service, full payment must be made on the current balance and, at the sole
discretion of the Company, a reactivation fee of $25.00 will be applied to the account.
d. Additional Fee: In the event the Subscriber requires the Company to recover or reset the Subscriber’s
password or SSID, a fee of $25.00 may be charged to the Subscriber’s account.
4. Change in Terms: The Company 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.
5. Applicable Law: The Subscriber agrees that this Agreement is governed by the laws of the province of
Ontario and of Canada. The Subscriber agrees that Sault Ste. Marie, Ontario, in which the registered office
of the Company is located, shall be the forum for any legal action relating to the services provided.
6. 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.
7. 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 The Company 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
8. Illegal or Inappropriate Use of the Service:
a. Any Internet activity, which references back to the Company or its services in a damaging manner, will
result in suspension or termination of account(s). Illegal Internet activity using or referencing to the
Company or an account or services provided by the Company 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 the Company. 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. The Company 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 the Company.
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.
9. Remedies and Penalties: The actions the Company takes may include account suspension or
termination. The Company does not issue any credits for accounts canceled due to breach by the
Subscriber of any term or condition of this Contract. The Company 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
the Company, as provided herein, the Subscriber shall be held liable for any and all costs incurred by the
Company 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. The Company's 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 $150 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
10. Common Use Policy: The Subscriber agrees that the personnel of the Company 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
11. 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 the Company's services,
this Agreement is considered to be in effect and continues in full force and effect for the period of 12
months from the effective date.
12. Termination: In the event the Subscriber wishes to cancel the service, the Subscriber must notify the
Company 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 the
Company or otherwise delivered in accordance with the Company's 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, Flypoint Broadband LTD. reserves the right, at its sole discretion, to immediately cancel
the Subscriber’s account and terminate this Agreement. The Contract may be terminated by Flypoint
Broadband LTD. 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.
13. 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 Flypoint Broadband LTD. no later than 30 days prior to expiry of the term. The
Company, 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.
14. Equipment: All equipment supplied on the Subscriber’s premises by the Company to provision the
Service remains the property of Flypoint Broadband LTD. or its agents. Any equipment belonging to the
Company that is not returned upon termination of service will be billed to the Subscriber at full
acquisition cost of $320.00 plus HST. All relocates for equipment supplied on Customer premises by the
Company to provision the Service will be extra costs and will be determined per site per Customer. The
Subscriber agrees that the Company retains the right to remove the Company’s equipment from the
Subscriber’s premises for any reason and at any time, determined at the Company’s sole discretion, and
further agrees that the Customer’s consent is not required by the Company for the removal of the
15. Prior Agreements Void: This Agreement hereby supersedes all previous representations,
understanding, or agreements, written or oral, by or between the Subscriber and the Company, and shall
prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
16. Warranty: In providing Internet access service. The Company, 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, THE COMPANY 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.
17. Binding Agreement: This Agreement shall be binding upon the successors and assigns or, as the case
may be, the heirs and personal representatives, of the Company and the Subscriber.
18. Severability: If any part of this Agreement is declared unenforceable or invalid, the remainder will
continue to be valid and enforceable.
Level Agreement, as listed below and available on the Company’s website, will constitute the entire
Agreement between the Company and the Subscriber, in relation to the subject matter of this Agreement,
and supersedes all previous agreements, arrangements and understandings between both parties
identified herein, in respect of that subject matter.
Company website: https://flypointbroadband.ca/
o Flypoint Broadband Standard SLA (Service Level Agreement)
o Flypoint Broadband Open Internet Disclosure Statement
o Flypoint Broadband LTD. 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
I hereby authorize Flypoint Broadband LTD. 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