See Also: Skyway West Acceptable Use Policy

Customer Terms and Conditions

ArbuTel Services Inc. dba Skyway West. and Customer hereby agree as follows:
  1. Definitions

    1. “Co-location” means the locating of a Customer provided server in Skyway’s office.
    2. “Customer” means the entity named in the Customer Agreement.
    3. “Domain Name Hosting” means the hosting of domain names belonging to Skyway customers and pointing related Internet traffic to the appropriate location.
    4. “Email” means providing a POP or IMAP server for hosting email login accounts and a SMTP gateway for sending email.
    5. “FTP Hosting” means providing hard disc space for files read using an ftp client.
    6. “Fibre Service” means that the service is provided to the customer over fibre optic cable.
    7. “Installation and Configuration Charges” means
      1. all charges for configuring Network Equipment to operate with Skyway’s network; and
      2. all charges for installing and testing Network Equipment at the Customer’s location.
    8. “Internet Access” means the ability to access the Internet and Internet Services through Skyway’s network connections.
    9. “Services” means the Internet Access, Domain Name Hosting, Co-location, Email, Web and FTP Hosting services sold by Skyway to the Customer.
    10. “Network Equipment” means the router or modem supplied by Skyway to the customer.
    11. “Service Modifications” means additions or deletions of existing Services or change of location of existing Services.
    12. “Skyway” means ArbuTel Services Inc. dba Skyway West.
    13. “Supplier’ means Telus or such other supplier who provides Skyway with Services resold to the Customer.
    14. “System” means the hardware and software utilized by Skyway to provide Services.
    15. ” Web Hosting” means providing hard disc space for files read using an http client.
  2. Products and Services

    1. Skyway will furnish and the Customer will accept the following, subject to the terms and conditions in this Agreement:
      1. the Services in accordance with the Customer Agreement;
      2. the Network Equipment in accordance with the Customer Agreement;
      3. the Installation and Configuration in accordance with the Customer Agreement; and
      4. the Terms of Service in accordance with paragraph 3.
  3. Terms of Service

    1. The Services are provided for a contract period as identified on the Customer Agreement. The contract is automatically renewed on an annual basis at the contracted rate then in effect, unless terminated earlier in accordance with the provisions of this Agreement.
    2. The Customer is responsible for abiding by Skyway West’s acceptable use policy found at http://www.skywaywest.com/acceptable-use-policy/.
    3. The Customer is responsible for how the Services are used. The Customer may not use the Services to deliberately crash the System, deliberately use large amounts of System resources, try to break any security feature or setting, or use the System to in any manner attack any other system.
    4. The Customer may not use Skyway Services in any manner that contravenes any Canadian or Provincial regulation. This includes, but is not limited to the transmission of copyrighted material, threatening or obscene material, or material protected by trade secret.
    5. Customer use of a network or computing resources belonging to a third party is subject to their permission and usage policies.
    6. Any IP Addresses allocated by Skyway to Customer must be maintained in an efficient manner as deemed by the American Registry for Internet Numbers (ARIN) and utilized at 80% within 30 days of assignment by Skyway to Customer. Failure to comply may result in the revocation of IP Addresses by Skyway after five days notice to Customer.
    7. The Customer is responsible for maintaining security of their assigned Email and other account(s) on the System and changing their password(s) when requested by Skyway.
  4. Email Accounts and Other Contact Information

    1. Skyway has the exclusive property rights to all Email addresses using Skyway’s domain name(s) and will use its best efforts to ensure that such addresses are not changed.
    2. The email address, the email stored in email accounts hosted by Skyway and the account information is considered property of the Customer. The Customer expressly gives Skyway the right to remove email addresses and delete stored email if the email account has not been accessed for six months.
    3. Skyway provides Email services permitting different amounts of email to be stored on Skyway’s mail systems. Skyway rejects POP email when the size of the mailbox exceeds 60 megabytes and rejects all email messages that exceed 30 megabytes.
    4. The Customer will advise Skyway of any changes in account contact information.
    5. Skyway may list the Customer’s technical contact information as required by the American Registry for Internet Numbers (ARIN).
    6. Skyway may use the contact information to promote Skyway services, provide network status updates or other information Skyway deems of interest to the Customer.
    7. Skyway will not sell or distribute the customer’s contact information.
  5. Modification of Services

    1. The Customer may request Service Modifications by sending its signed request to Skyway by email or facsimile.
    2. Service Modifications are subject to the same terms and conditions as the original contract and are renewed concurrently with the original contract.
  6. Customer Charges and Billing

    1. The Customer is liable for all charges specified in the Customer Agreement.
    2. Equipment charges and Installation and Configuration charges are payable upon installation.
    3. Skyway shall bill the Customer monthly in advance for Services applied for in this contract and Service Modifications applied for including any applicable provincial sales tax or federal goods and services tax.
    4. Charges occurring monthly are billed in advance and invoice payment is due upon receipt of invoice. Late payment charges will be assessed if payment of the account in full is not received at the office of Skyway on or before the 15th day from the date of the invoice. Late payment charges are calculated monthly, based on a rate of 24% per annum.
    5. Customer authorizes Skyway and gives consent to Skyway under applicable privacy laws for Skyway to obtain credit information and bank and other financial references regarding Customer for the purposes of assessing Customer’s credit worthiness.
    6. Skyway reserves the right to request at any time a non-interest bearing deposit equal to one month of estimated Customer billing. Skyway shall refund to Customer the deposit within thirty (30) days of the expiration or termination of the applicable Customer Order. Skyway reserves the right to and Customer acknowledges that Skyway has the right to deduct from such deposit any amount owed to Skyway by Customer as at the date of expiration or termination, including any amount owed as a result of Customer’s default under these Terms and Conditions.
    7. After the initial contract period, Skyway reserves the right to upon forty-five (45) days notice amend its rates, fees and charges for Services.
  7. Termination of Contract

    1. Termination of Services shall be construed to mean the removal or cancellation of all or some of the Services.
    2. Termination of Services and consequent termination of this contract may be effected by the Customer prior to the expiration of the then current term of the contract upon
      1. five (5) days advance notice in writing to Skyway if the Services completely fail to work;
      2. thirty (30) days advance notice in writing to Skyway prior to a rate increase per item 6g; or
      3. thirty (30) days advance notice in writing to Skyway and upon payment by the Customer of the termination charge as hereinafter described, in addition to all other charges due for Service that has been furnished.
    3. Skyway reserves the right to terminate Service when at its discretion the Customer’s use of the Services contravenes paragraph 3, the Customer’s credit worthiness is in doubt or the Customer commits an act of bankruptcy, is otherwise insolvent, is in breach of this contract or is in default of payment. Skyway will provide by email, fax or registered mail three (3) days written notice of such termination.
    4. Upon termination of Services pursuant to paragraph 7, the Customer shall pay a termination charge equal to:
      1. the total amount of the Services monthly charges applicable thereto for the unexpired portion of the then current term of the contract; and
      2. any additional costs incurred by Skyway as a direct result of such termination to a maximum of $250. For example, the cost to retrieve Network Equipment.
    5. Upon termination of Services pursuant to paragraph 7, Skyway reserves the right to reject email sent to the Customer after the termination date and will for a $250 fee provide the customer with a machine readable copy of the Customer’s home directory and email files existing prior to termination. This fee and any termination charges from 7(d) must be paid before copies of the customer’s email is released.
    6. Skyway shall have the right to apply any deposit against funds owing as a result of termination under paragraph 7 and is not obliged to make remedy in the form of a refund or any other means.
  8. Limitation of Liability and Indemnification

    1. The Customer acknowledges that the Services are provided to Skyway by its Supplier(s) and that Skyway in no way guarantees the performance of such Services. In the event that there is a problem with the Services provided, the Customer shall inform Skyway of the nature of the problem. Skyway’s sole obligation is to contact its Supplier to request rectification of the problem.
    2. Skyway will use reasonable efforts to provide Services and Service Modifications when requested by the Customer but shall not be liable to any party if such Services fail to start by the requested date.
    3. Skyway makes no warranties of any kind, whether expressed or implied, including any implied warranty of the Service’s fitness for commercial or other purposes. Skyway is not liable for any damages suffered by the Customer including, but not limited to, loss of data from delays, non-deliveries, miss-deliveries, or service interruptions caused by Skyway’s own negligence or Customer errors and/or omissions.
    4. Skyway specifically denies any responsibility for or liability for the accuracy or quality of information obtained through our services.
    5. The limit of Skyway’s liability in contract, tort (including negligence) or by statute or otherwise to Customer (or its clients) concerning performance or non-performance in any manner related to this agreement will not, in the aggregate, exceed the total fees paid by Customer from the date the claim arose. In no event will Skyway be responsible for any lost profits, special, indirect, consequential, incidental or punitive damages.
    6. The Customer agrees to indemnify Skyway from any claims resulting from the Customer’s use of this service that damages any third party.
  9. Fibre Service Level Agreement

    1. Skyway guarantees that fibre services have 100% uninterrupted transit to the Internet:
      1. If transit to the Internet becomes unavailable, Skyway will refund the customer an amount equal to one day of the customer’s pro-rated recurring monthly charges during the month the interruption took place;
      2. If transit to the Internet is unavailable for a cumulative period exceeding one hour, the customer will receive an additional refund of one day of the pro-rated recurring monthly charges for each additional hour, or portion thereof, of transit unavailability. All refund calculations will be based on unavailability in one-hour increments;
      3. Any and all refunds to a customer will not exceed 35% of the servicer’s recurring monthly charges for the month in which the refund is earned; and
      4. This Service Level Agreement does not cover outages caused by equipment and/or events not under the direct control of Skyway or caused by individuals not directly employed by Skyway. It excludes short periods of temporary service degradation, such as slow data transmissions. It does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance.
    2. Fibre services include a four hour mean time to repair measured from when the customer opens a ticket with Skyway until Internet access is restored.
  10. Binding Effect and Assignment Rights

    1. This Agreement shall be binding upon parties and their respective heirs, executors, successors or assigns.
    2. This Agreement shall not be assigned or transferred by the Customer to another party without Skyway’s prior written consent. In the event that consent is given, the new Customer must agree in writing to be bound by this Agreement.
  11. Other

    1. Skyway and the Customer agree that all documents shall be prepared in English and that English be the exclusive language for all agreements, both oral and written.
    2. This Agreement is governed by the laws of the Province of British Columbia and any dispute will be settled within the Province of British Columbia.
    3. This Agreement embodies the entire understanding between the parties hereto and there are no promises, term, conditions or obligations, oral or written, express or implied, other than those contained herein.
    4. Any part of this Agreement that is found to be invalid or unenforceable for any reason shall, where ever possible, be severable from the Agreement and shall not in any way prejudice the validity or enforceability of the remainder.
    5. The waiver by any party of any breach of any term of this Agreement by Skyway shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach unless in writing and signed by and on behalf of the parties hereto.
    6. Skyway will provide notice to the Customer by Email, mail or facsimile to the address contained on this Agreement and such notice shall be deemed received three days after mailing or on the same day if sent by Email or facsimile. The Customer will provide Skyway notice by registered mail to the address contained on this Agreement. Any notice of change of address or facsimile number shall be provided to Skyway fourteen (14) days before the change of address or facsimile.

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