Refund Policy
SERVICE OUTAGES
A Service Outage is defined as either: (a) material non-compliance with a specific performance metric in a dedicated service level agreement; or (b) a complete loss of transmission or reception capability for the Service caused by the SKYFY Network. If there is a Service Outage, Customer must contact SKYFY at 1-888-977-5939, through www.MYSKYFY.com/support or by submitting an Online Support Case via Account Portal, if possible, and SKYFY will open a Support Case/Trouble Ticket and provide Customer with a Support Case/Trouble Ticket Number for tracking purposes to resolve the issue. A Service Outage is considered begun when Customer reports the Service Outage to SKYFY, and ends when the Service is restored. The duration of the Service Outage only includes outages that are caused by SKYFY Network and do not include outages caused by the Equipment, acts or omissions of Customer, whether negligent or otherwise, third parties, Force Majeure events, outages occurring during scheduled or emergency maintenance, and interruptions caused by failure of any equipment or service not provided by SKYFY. The duration of a Service Outage also does not include any time during which SKYFY is not allowed access to the Premises necessary to restore the Service(s).
If requested by the Customer, credit for the Service Outage (“Service Outage Credit”) may be issued to the Customer for an amount not to exceed the prorated monthly charges for Customer’s Service during the affected period. No credit will be given or adjustment made for Service interruptions lasting less than twenty-four (24) contiguous hours, starting from the time that you report the Service interruption to SKYFY which shall also define commencement of the Service Outage. If four (4) Service Outages have occurred on a particular Service during a thirty (30) day period, and a fifth (5th) Service Outage occurs within the same 30 days following the fourth (4th) Service Outage, Customer may terminate the applicable Service without early termination liability provided that Customer supplies SKYFY with a written termination notice no later than thirty days (30) following the fourth Service Outage. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within forty-five (45) days of the commencement of the Service Outage. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with SKYFY instructions or the terms stated at www.MYSKYFY.com, or actual or attempted alteration of or additions to the Equipment or Service not approved by SKYFY, or from any problems with third party network elements that are not within the control of SKYFY, all as determined in the sole discretion of SKYFY.
Service Outages Not Caused by SKYFY Network. If SKYFY responds to a service call initiated by Customer, and SKYFY reasonably determines that the cause of the problem is not due to SKYFY Network, but is due to Customer’s equipment or facilities, or a third party, Customer must compensate SKYFY for the service call at SKYFY then prevailing rates. You acknowledge that the Service may not function in the event of power failure. A power failure or disruption may require reset or reconfiguration of the Equipment, which may or may not be executed remotely by SKYFY Customer Support, prior to utilizing the Service.
TERM AND METHOD OF DISCONNECTION
The initial term of this Agreement shall be the days between the service activation date and 30th calendar day from the service activation date. Unless under contract, Service shall be provided on a simple calendar month to calendar month basis, and SKYFY shall not prorate your first or last month’s charge, for any partial initial or final monthly period. The billing commencement date shall not be marked by the date you first choose to configure or use your Service, but rather billing begins at the moment your SKYFY Service(s) is(are) activated. This Agreement shall automatically renew on a calendar month billing basis, until terminated upon notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.
Should you wish to discontinue service, you agree to log into your Account Portal at www.MYSKYFY.com for identity verification purposes, and submit a written, electronic request via Online Support Case to SKYFY Customer Support. You will receive cancellation request confirmation within 24 hours. For security reasons, SKYFY does not accept verbal cancellation requests. Cancellation requests are dated only from the moment SKYFY receives your request via Account Portal through an Online Support Case. If you have any difficulty opening a cancellation request using your Account Portal, you may contact SKYFY at 1-888-977-5939 for assistance. Claims that you previously told someone by phone or sent an email, and where you did not receive a cancellation request confirmation validating your disconnection request, shall not be honored. It may take up to fifteen (15) days to disconnect your SKYFY Service(s) from the time you request disconnection, and you understand that you are responsible for all applicable charges through the date of disconnection itself, as will appear on a subsequent invoice, and the monthly fee for the final month shall not be prorated.
SKYFY reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion. If SKYFY discontinues providing the Service generally, or terminates your Service in its discretion (i.e., for a reason other than your or your Users’ breach of this Agreement or your or your Users’ improper use of the Service), you will only be responsible for charges accrued through the date of your final service period. If your Service is terminated for any stated reason, including without limitation violation of the Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, any violation set forth in this Agreement including any attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any SKYFY Policy or of a third party provider to which SKYFY is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the Early Termination Fee, all of which immediately become due and payable. SKYFY may, but is not required to, reactivate your Service after Service has been suspended or terminated in accordance with this paragraph. BEFORE SERVICE MAY BE REACTIVATED, YOU MUST PAY TO SKYFY ALL PAST DUE AMOUNTS AND LATE PAYMENT FEES PLUS A REACTIVATION CHARGE PER ACCOUNT AND APPLICABLE TAXES. SKYFY may modify the terms of Service before reactivating your Service and may require you to provide a deposit.
You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and SKYFY, become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including any Early Termination Fee) due under this Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. If you receive other services from SKYFY, such as wireless or other services, you must pay your bill in full for such services or your Service will be disconnected as well as any other services you had subscribed to from SKYFY. If Service is suspended or cancelled for a failure to pay, you will lose all functions of the Service. SKYFY has the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement.
RIGHT OF CANCELLATION
CUSTOMER MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION PRIOR TO THE PLANNED DATE OF INSTALLATION AND/OR ACTIVATION AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE. IF THE REQUEST TO CANCEL IS RECEIVED AFTER INSTALLATION HAS BEGUN OR ACTIVATION COMPLETED, CUSTOMER MUST PAY FULL TERMINATION LIABILITY SET FORTH BELOW. CUSTOMER MAY ALSO CANCEL THIS AGREEMENT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THIS AGREEMENT. IF CUSTOMER CANCELS THIS AGREEMENT FOR ANY REASON OTHER THAN THE REASONS STATED ABOVE, SKYFY MAY KEEP THE FULL AMOUNT EQUAL TO THE FINAL SERVICE PERIOD, NOT PRORATED, PLUS AMOUNT EQUAL TO THE COST OF ANY RELATED GOODS WHICH CUSTOMER HAS CONSUMED OR RETAINED.