General. These terms of wireless Data Contract (“agreement”) is an agreement under which we provide and you accept our services. In addition to these terms and conditions of services, there may be 2 parts to your purchase, 1. The Device, 2. Data Plan/s. It is important that you carefully read all of the terms of the agreement.
Basic definitions. Intros document: (1) “We,” “Us,” “Our”, Stargate Monitoring Inc. and Secureacom Inc. and its affiliates doing business as Shark WiFi (2) “You,” “Your,” “Customer/Client,” and “User” mean an account holder or user with us; (3) “Device” means any devices, accessory or other product that transmits Data via the 4G LTE of 5G service, such as still pictures, video, sound, or other information wirelessly and (4) “Service” means our wireless services and/or internet-based services.
Terms of Purchase. In addition to the terms of wireless contract, you are also agreeing to the terms of purchase (“terms of service”) which is available at sharkwifi.ca for review. This condition applies even if your device was not purchased directly from Shark WiFi or its affiliates.
Scope of wireless contract. This agreement will cover all services provided by Shark WiFi on any device and/or any account that you have authority over, and this agreement will override all previous versions of the wireless contract to the extent permitted by law. This agreement applies to all services provided in the past, present, and in the future.
Scope of wireless contract. This agreement will cover all services provided by Shark WiFi (Secureacom Inc) on any device and/or any account that you
have authority over, and this agreement will override all previous versions of the wireless contract to the extent permitted by law. This agreement
applies to all services provided in the past, present, and in the future.
Data Usage. We provide data only. We do not provide cellular Voice, however you can utilize any VOiP service on our Data Network.
Charges. Charges for our services are listed below, and such charges consist of the following for subscription to our services:
7. Automatic credit card payment authorization; Payment Information Retention. By purchasing the service and agreeing to the Ts & Cs
of this agreement, you authorize us to charge your credit/debit card for the service. Shark WiFi (Secureacom Inc) WILL RETAIN ANY PAYMENT
INFORMATION SUPPLIED AND ALL PAYMENT INFORMATION MAY BE USED FOR FUTURE ORDERS, WIRELESS
SERVICES AND ACTIVATIONS, AND COLLECTION PURPOSES. IF YOU NEED SPECIAL CONSIDERATION FOR YOUR
PAYMENT INFORMATION, PLEASE CONTACT Shark WiFi (Secureacom Inc) BEFORE SUPPLYING YOUR PAYMENT INFORMATION.
8. When you accept the agreement. You must have the legal capacity to accept the agreement. You accept the agreement when you do any
of the following: (a) sign a contract with us on paper or electronically; (b) accept agreement through an oral or a electronic statement; (c)
attempt to or in anyway use the services; (d) pay for the services; (e) open any package or start any program that says you are accepting the
agreement when doing so. If you do not want to accept the agreement, or you do not have the legal capacity to accept this agreement,
do not do any of these things.
9. Coverage; Where your device will work. Coverage is not available everywhere. Estimating wireless coverage and signal strength is not
an exact science. There are gaps in coverage within our estimated coverage area that, along with other factors both within and beyond our
control (network problems, software, signal strength, interference with the signal or transmission, your device, structures, buildings, weather,
geography, topography, etc.), may result in no connections, blocked connections, slower data speeds, or otherwise impact the
quality of service.
10. Your statement of charges. Each month we will email you your statement. Our normal statements are for informational purposes only
since payments are charged to your credit card automatically. If a particular statement is not emailed to your email account for any reason,
you may request a copy of the missing statement/s, which will be sent by email. Statement cycles and dates may change from time to time.
Your statement may also include other important notices (for example, changes to this agreement, to your service, legal notices, etc.)
It is your responsibility to review each statement and report any concerns or issues within 60 days pursuant to paragraph 13. Your
statement may or may not include data transmission or individual details of such transmissions. You will NOT receive paper statements.
11. One year term; Termination fee; Month-to-Month contract. You agree to maintain Shark WiFi (Secureacom Inc) service on each wireless device for a
minimum of one year. After completing a period of one year of service, paying all amounts due in a timely fashion and your account is in
good standing with us; your account will be renewed for a further one year term unless prohibited by provincial or state law. When
prohibited by Provincial or State law your account will then be treated as month to month under this agreement. An early termination fee
will apply if you choose to end the service on any device before the device obtains its renewal term status, or if we terminate it early
for good cause. You can terminate your renewal term by giving us thirty days notice thirty days prior to renewal date unless
prohibited by Provincial or State law. The early termination fee is $195.00 + GST. In addition, you agree to pay the full price for
any promotional discounts provided as part of the agreement to purchase the Shark WiFi (Secureacom Inc) WiFi modem (for example) or wireless data
service. This includes, but is not limited to, any activation fees, or free wireless data service that may have been waved at the time of
purchase or activation. The early termination and other fees only apply to the extent permitted by law. The termination takes (5) business
days, and billing will stop at the end of five (5) days. You’ll remain responsible for all fees and charges incurred until then and will not be
entitled to any partial month credits or refunds. Also termination of this agreement will not affect your liability for charges incurred prior to
date of termination, and termination of this agreement does not affect your purchase of the Shark WiFi (Secureacom Inc) WiFi modem/s or other related products
purchased from Shark WiFi (Secureacom Inc) or affiliates.
12. Our right to make changes. Your service is subject to our business policies, practices, and procedures, which we can change at any time,
with, or without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any
time by sending you written notice prior to the billing period in which the changes would go into effect. If for any reason, the written notice
of a price change is not sent, the first statement reflecting the price adjusted charges will serve as written notice for the purposes of this
agreement and our liability would be limited to the difference between the prior and current charges for a period of one-month. If you
choose to use your service after that point, you’re accepting the changes.
13. Written request for service changes; Billing disagreements. Shark WiFi (Secureacom Inc) will require a written request for service changes. Service changes
include but are not limited to, (a) wireless data plan changes; (b) hibernation (suspend) status changes; (c) service cancellation or
termination. Shark WiFi (Secureacom Inc) may not act upon a written change request for up to 5 business days following receipt of such request. Depending on
the nature of the request, the effective date on the changes may not be until the following billing cycle, or in some cases, following the 2nd
billing cycle after the receipt of your written request. You agree to send written notice of any disagreement or dispute concerning policies,
practices, charges, billing, statements, usages, or other monetary matters as soon as possible. You agree that Shark WiFi (Secureacom Inc) will not issue credits or
refunds for any services billed 60-days prior to Shark WiFi (Secureacom Inc) receipt of your written concern/s.
14. Our rights to collect funds for unmilled goods and services. If Shark WiFi (Secureacom Inc) fails to bill for any goods or services that would normally be
billable Shark WiFi (Secureacom Inc) retains the right to bill and/or collect such amounts at any time. This section includes; but is not limited to; (a) activation
fees; (b) data usage (e.g. Pictures & Videos up/downloaded or sent); (c) monthly services; (d) goods sent without full collateral (e.g. Loaner
items or replacements); (e) shipping and handling charges. You explicitly agree that we have the right to automatically and immediately
collect charges through any payment method; including but not limited to; charging your credit/debit card; or other electronic payment
services. Shark WiFi (Secureacom Inc) may also collect the amount due in multiple payments over an unspecific period of time. Shark WiFi (Secureacom Inc) will provide a statement of
the charges no later than 31-days following the collection of the funds.
15. Late payment fees; Collections; Collection costs. Shark WiFi (Secureacom Inc) reserves the right to assess late fees on any unpaid balance. The late fee may
include a flat fee in addition to a percentage of the balance that is unpaid. You are also responsible for other costs and legal fees incurred in
collecting unpaid amounts. Shark WiFi (Secureacom Inc) reserves the right to assess a fee for any check that is returned for insufficient funds or not paid when
presented for payment. The amounts involved in this section will not exceed the maximum amounts allowable by Provincial or State law.
16. Final bill. Following termination of the wireless services, there will be a final bill processed and charged. This final bill may include prorated
wireless data services and data costs incurred between the date of your previous bill and the date of disconnection. The final bill may
also include early termination fees, charges for promotional items, or other charges covered in this agreement.
17. Our rights to limit or end service of this agreement. You agree not to resell our service to someone else or another company, corporation,
non-profit organization, government or non-government organization or any like mentioned people or peoples without our prior expressed
written permission. You also agree your device will not be used for any other purpose that is not allowed by this agreement or that is illegal.
You agree that you will not install, deploy, moderate, or use any other regeneration equipment or similar mechanism (for example a repeater)
to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. We can, without notice, limit, suspend, or end your service
or any agreement with you for this or any other good cause, including, but not limited to; (a) if a charge by us to your credit card is declined;
(b) paying late more than once in any 12 months; (c) incurring charges larger than a required deposit or billing limit (even if we haven’t yet
billed the charges); (d) harassing our staff or our agents; (e) lying to us; (f) breaching this agreement; (g) modifying your device from its
manufacture’s specifications; (h) providing credit information we cannot verify; (i) using your service in a way that adversely effects our
network or other clients; or (j) allowing anyone to tamper with your wireless device, including but not limited to our WIFI Anywhere
Modem, Shark WiFi (Secureacom Inc) Link 1, Shark WiFi (Secureacom Inc) Link 2, Shark WiFi (Secureacom Inc) Link 3, your wireless account number, also referred to as your cellular phone number or any
other of our wireless devices that uses our unique VPN Network. We can also temporarily limit your service for any operational or government reason.
If you file for bankruptcy, our rights to limit, suspend, or end your service or any agreement with you will be governed by bankruptcy law.
18. Deposits. If requested, you agree to provide a deposit as a guarantee of payments or to increase the amount of any prior deposit should we
find your credit standing, financial circumstances, or payment history unsatisfactory at any time or if your account incurs excessive usage
charges. The amount of the deposit will be at our sole discretion but shall not exceed the combined total of your average monthly bill or
average projected monthly bill over a period of two months plus any early termination fees that you may be liable for. We reserve the right
to apply any deposited amount towards any balance on your account including past due amounts, unmilled services, and early termination
fees with or without notice to you. We will not pay interest on any deposited amounts unless required by Provincial or State law. Any
deposited amounts remaining following your final charges will be refunded to you in a manner of our choosing. You also agree to promptly
redeposit any amount so applied at our request. We may suspend or terminate services under the terms of this agreement if you fail to adhere
to the deposit policies described in this paragraph.
19. Your Privacy - Important Information! - Please read carefully before making your purchase decision. Except as provided in this
agreement or other agreements you may have with Shark WiFi (Secureacom Inc) or its affiliates, we will NOT intentionally share personal information about you
without your permission. We may use and share information about you and how you use the services: (a) so we can provide our goods or
services; (b) so others can provide goods or services to us, or to you on our behalf; (c) so we and our affiliates can communicate with you
about goods or services that they may offer, (although you can call us at any time if you do not want us to do this); or (e) as required by law,
legal process, or exigent circumstances. In addition, we may include our own third-party advertising in the services you have purchased from
us, and we may share information about you with affiliates, vendors and third parties to, in addition to the above reasons, deliver relevant
advertising to you while using the services. We may collect and transmit information regarding your use of the services through applications
or other software present on your device. If you do not want us to collect, transmit or use such
information about you for the above purposes, you should not use the services; by using the services, you expressly authorize us to use your
information for these purposes. Further, you authorize us to investigate your credit history at any time and to share credit information about
you with credit reporting agencies and our affiliates. If you ask, we will tell you the name and address of any credit agency that gives us a
credit report about you. It is illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality
assurance we may also monitor or record our calls with you.
20. Website usage; Media Storage. Shark WiFi (Secureacom Inc) may provide an online website, individual account, and online storage in your account for digital
media including but not limited to, video, pictures and audio recordings. Shark WiFi (Secureacom Inc) may send or otherwise transmit copies of media to you, via
the device that you have authorized us to do so with or your authorized recipients through various outlets including but not limited to email,
download, text, picture mail, (“MMS and/or SMS”) and Shark WiFi (Secureacom Inc) Link 1,2 &3. This storage space is intended for data and media sent from a
device and/or through the Shark WiFi (Secureacom Inc) Services. Shark WiFi (Secureacom Inc) does not make any guarantee or warranty that such data will remain intact, secure, free
from error, or defect. You agree that Shark WiFi (Secureacom Inc) may rearrange, move, delete, copy, and/or modify your media or data for any reason at any time
without notice. Shark WiFi (Secureacom Inc) may charge for use of the website or any of the features built into the website at any time with proper notices
prescribed in this agreement. You agree that Shark WiFi (Secureacom Inc) may limit or block access to the website/s, your account, or the media contained within
the site, in part or in whole, for any reason, at any time, and for any duration of that time.
21. Disclaimer of warranties. We make no representations or warranties, express or implied, including, to the extent permitted by applicable
law, any implied warranty of merchantability or fitness for a particular purpose concerning your service. We cannot promise uninterrupted
or error-free service and WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. This does not
deprive you of any warranty rights you may have against anyone else.
22. Waivers and limitation of liability. Unless the law forbids it in any particular case, we each agree to limit claims for damages or other
monetary relief against each other to direct damages. This limitation and waiver will apply regardless of the theory of liability, whether
fraud, misrepresentation, breach of contract, personal injury, product liability, or any other theory. This means that neither of us will seek
any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you
may bring against one of our vendors, suppliers or agents, to the extent that we would be required to indemnify the supplier, vendor or
agent/s for such claim/s. You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion,
tunnels, weather, or other things we do not control; or by acts of God.
23. You agree our liability - No consequential damages. To the extent allowed by law, our liability for monetary damages for any claims you
may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. In
addition, any claims related to monthly service fees or data usage are limited to 60-days prior to the delivery of a written notice of claim.
Under no circumstances are we liable for any incidental, consequential, punitive special damages of any nature whatsoever arising out of or
related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or
cost of replacement products or services.
24. Emails. By giving us your email address, you hereby give us permission to use such email for all data and or marketing notifications. You
can opt out of such emails by emailing us at firstname.lastname@example.org and telling us that you would like to opt out of all marketing
25. Dispute resolution. We each agree to first contact each other with disputes or concerns and you must provide a written description of the
problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling us or writing us
as instructed on your statement. We each agree to finally settle all disputes (as defined and subject to any specific exception below) only by
arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the
terms and limitations in the agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The
arbitrator’s decision and award is final and binding, with some exceptions under the law. In Canada, the Canadian Arbitration Association or
the Canadian Chamber of Commerce will assign an arbitrator and in Canada we will abide by Canadian Law, if in the United States we will
abide by the federal arbitration act (“fAA”), and judgment on the award may be entered in any court with jurisdiction. The arbitrator will be
administered by the National arbitration forum (“NAF”) under the arbitration rules. If any NAF rule conflicts with the terms of the
agreement, the terms of the agreement will apply. You can obtain procedures, rules and fee information from the NAF at 1-800-474-2371 or
www.adrforum.com. Unless we each agree otherwise, the abrogation will be conducted by a single neutral arbitrator and will take place in
the country of your last billing address. The federal State law (in the U.S.A.) or Federal Canadian law (in Canada) that applies to the
agreement will also apply during the arbitration.
26. No class action. To the extent allowed by law, we each waive any right to pursue on a class wide basis; that is, to neither join a claim with
the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone
else in any lawsuit, arbitration or other preceding. You agree that this section has a binding retroactive effect and will cover all previous
purchase agreements, terms and conditions, and any other agreements or contracts between you and Shark WiFi (Secureacom Inc) or our affiliates.
27. Publicity. Neither party will use the other’s name, logo, product names, trade or service marks, or refer to the other directly or indirectly in
any advertising, sales presentation, news release, release to any professional or trade publication or for any other purpose without the other’s
expressed written consent.
28. About this Agreement. A waiver of any part of this agreement in one instance is not a waiver of any part or any other instance. You cannot
assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debt to us without notice,
and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any
email or fax number you have provided us with, or three (3) days after mailing to the most current billing address, we have on file for you, if
by us, or to the client service address on your most recent bill, if by you. If any part of this agreement, including any part of its arbitration
provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers from the
entire agreement between us on their subjects. You cannot rely on any other documents or statements on this subjects by any sales or service.
29. AUTO DATA RELOAD & NOTIFICATIONS: You will receive email notification(s) when data usage reaches 80% of selected data plan. You will have the option of going to your online account (adding data) or stopping any further data for that monthly data period. IF YOU DISREGARD THIS WARNING THE SYSTEM WILL AUTOMATICALLY RENEW THE CURRENT SELECTED DATA PACKAGE. When the data renew option has been checked, However, the system will ONLY do this once. All subsequent “TOP-UP or “ADD-ONS” must be completed by you, the user/client.
30. SHARK ONLINE ACCOUNT: You will be emailed your login credentials for your online account within 24-hours of activations. This account will enable you to view data usage as well as, add incremental amounts of data. You can change both user name and password. Information on this is in the manual that comes with your Shark WiFi Mini.