Viasat Internet Customer Agreement Form
Thank you for giving us the opportunity to provide you with affordable, reliable high-speed Internet access. We look forward to you becoming a new customer.
This Customer Agreement, including any applicable addenda to this Customer Agreement (collectively, the “Agreement”) describes the terms and conditions between you and Ouachita Electric Cooperative Corporation. (“OECC” “Us” or “We”) applicable to Viasat’s Internet access services, which includes the Viasat, Exede, and WildBlue Internet services, Viasat’s email service (the “Internet Service(s)”), voice over Internet protocol service (“Voice”) and premier technical support service (“Premier Tech Support”) (the Internet Service(s), Voice and Premier Tech Support may also be individually referred to as the “Service” or collectively referred to as the “Services”). Please note that if you receive your bill for your Service from a third party, the terms of any customer agreement with that third party and their contact information will be different than provided in this Agreement. Please read this Agreement carefully since it contains important contract rights and obligations between you and Viasat, as well as important limitations on those rights. If you would like to contact us, you may call 1-855-463-9333 or write to: OECC, PO Box 877, Camden, AR 71711Attention: Satellite Internet Customer Care.
A. Minimum Service Commitment. The Internet Services require subscribers to commit to a 24-month minimum service term (“Minimum Service Term”), unless a different term is stated in this Agreement for your plan. If you change your Service location, or change your Internet Service plan, and the change requires: (i) the use of upgraded Equipment (as defined below), or (ii) a service call to your premises, then you must commit to a new 24-month Minimum Service Term beginning on the date your new Internet Service is activated. If you terminate Internet Service prior to the expiration of the Minimum Service Term, you will owe (and your credit card, debit card, or bank account may be charged) the termination fee described below (the “Termination Fee”) and/or any other termination fee described in this Agreement applicable to the Service(s) you are receiving. You may not downgrade your Internet Service Plan to a lower tier Internet Service Plan until 30 days after activation of your Internet Service.
B. Term and Renewal. The term of this Agreement commences on the date your Internet Service is activated and continues for the duration of the Minimum Service Term unless terminated earlier by you, Viasat or OECC. After the Minimum Service Term expires, the term of this Agreement will automatically renew on a month-to-month basis, unless you have either agreed to a new Minimum Service Term under another internet Service plan offered by OECC (“Renewal Service Term”) or terminated this Agreement pursuant to Section 4.3.
C. Equipment. New Internet Service customers must lease the equipment provided by OECC consisting of a modem, antenna and transceiver (“Equipment”) in order to receive the Internet Service. Only an OECC authorized installer may install the antenna and transceiver at your residence. Only an OECC-authorized installer may install the modem at your residence if you are a new customer. Existing customers may self-install an upgraded modem.
D. Unlimited Data Policy/Bandwidth Usage Policy/Data Allowance Policy. The unlimited data Service plans are governed by the Unlimited Data Policy and, as set forth in Exhibit A, if you use more than your Service plan’s data usage threshold during your monthly billing period, we may prioritize your data behind other customers during network congestion, which will result in slower speeds. Exede Classic, Essential 10, Evolution and WildBlue Internet Service plans are subject to strict data usage limits which are described in the Data Allowance Policy. If you exceed your data usage limits, Viasat will significantly slow and/or restrict your Internet Service, or certain uses of your Internet Service, for the remainder of your monthly billing period. The Liberty service plans (“Liberty Plan(s)”) are subject to “Priority Data” usage limits which are also described in the Data Allowance Policy. If you exceed your Priority Data usage limits, you will receive “Liberty Pass” for the remainder of your monthly billing period. Liberty Pass speeds will be slower than Priority Data speeds, do not support video streaming on multiple devices and may not support streaming of high definition video. Liberty Pass speeds will vary based on the time of day and your geographic location and may be extremely slow when the network is busy, typically in the evening hours (about 5:00 p.m. – 2:00 a.m. local time), which may greatly impair your ability to use the internet. Liberty Pass users will receive lower priority on our network than subscribers who have not exceeded their data allowance or other data threshold, which may result in Liberty Pass users experiencing slower speeds when the network is busy than subscribers who have not exceeded their data allowance or other data threshold. Heavier users of Liberty Pass may be slowed to a larger extent than lighter users. The Freedom service plan (“Freedom Plan”) is governed by the Bandwidth Usage Policy and is not subject to a strict data allowance; however, as set forth in Exhibit A, if you use more than 150 GB of data during your monthly billing period, certain speeds of your Internet Service will be slowed, as described in the Bandwidth Usage Policy. In addition, Viasat may contact you and request that you reduce your monthly usage below 150 GB or transition to another service plan. If you do neither, Viasat may terminate your service in accordance with Section 4.4 of the Agreement. The data usage explanations for our Internet Service plans are set forth in Exhibit A, attached hereto and incorporated herein.
E. Termination Fee. If you cancel the Internet Service (resulting in termination of this Agreement) before completion of the Minimum Service Term or Renewal Service Term, the Termination Fee is equal to the number of months left in your Minimum Service Term or Renewal Service Term multiplied by $15.00 unless a different termination fee is stated in this Agreement for your Internet Service plan.
F. Return of Equipment. Additional charges will apply as specified in the Lease Addendum if (i) you fail to return the modem and transceiver within 30 days after termination of this Agreement, or (ii) you agree to upgrade your Internet Service, which requires the activation of a new modem, and you fail to return your original modem within 45 days after agreeing to upgrade your Internet Service. If you purchased your Equipment, you are not required to return the Equipment upon termination of this Agreement. In any event, OECC is not obligated to de-install the Equipment.
G. Payment Authorization. You authorize OECC to charge your credit card or debit card (“Card Payment”), or initiate an electronic funds transfer out of your bank account (“EFT Payment”) for payment of all or any portion of your Service fees, the Termination Fee (and/or any other applicable termination fee) and any other amounts payable under this Agreement, until such amounts are paid in full, unless you live in a state where OECC is required under applicable law to accept another method of payment or OECC has agreed to accept another method of payment from you.
This Agreement has 9 pages and incorporates Viasat’s Data Allowance Policy, Bandwidth Usage Policy, Unlimited Data Policy, Privacy Policies, Acceptable Use Policy, Email End User License Agreement, and your Internet Service plan details as posted on the applicable Viasat website: www.exede.com or www.viasat.com/wildblue. You acknowledge that you have received, read, understand and agree to be bound by all the terms and conditions set forth on each of the pages of this Agreement and the incorporated documents, as each of them may be updated from time to time.
If you did not receive pages 1 through 8 of this Agreement and Exhibit A, DO NOT SIGN THIS AGREEMENT.