Subscriber:The terms “you”, “your” and Subscriber shall at all times refer to the undersigned Subscriber under this Agreement and shall include all other users of the Service.
Company:The terms “Your Service Provider” and “WaveDirect” shall at all times refer to WaveDirect Telecommunications.
Internet Access Service:Your Service Provider undertakes to provide the Subscriber with Internet Access Service (“Service”) which shall include any additional and/or enhanced services identified as an addendum schedule to this Agreement.
Service Availability Warning:Your Service Provider does not guarantee uninterrupted Service. By accepting this Agreement, the Subscriber will be deemed to have accepted this qualification with respect to the Subscriber’s initiation of the Service to the use of but not limited to VoIP telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections. The Subscriber hereby releases Your Service Provider from all claims arising from damage or losses suffered by the Subscriber as a result of interruption of service due to conditions beyond the control of Your Service Provider.
Service:On initiation of Service, payment must be given in the form of cheque or cash to the installing technician for the installation charge, parts and services required to initiate Service as well as a pro-rated payment toward the chosen Service Plan calculated to the nearest upcoming 1st or 15th of the month and must be paid within 30 days following each month prior to each month’s Service thereafter.
Pricing / Payments:Unused time per month is non-refundable. Monthly Service must be paid via Pre Authorized Payments. A $16 charge applies to NSF or returned payments and service will be disconnected until payment is made to Your Service Provider. All overdue amounts must be paid to Your Service Provider within 30 days failing which the Service will be terminated. Where Service has been terminated for non-payment or default of any of the provisions of this Agreement, or where Service has been cancelled and not renewed at the request of the Subscriber, a network reconnection fee of $35 will be assessed which must be paid prior to reinstatement of Service. If the Subscriber’s account is referred to a collection agency, the Subscriber hereby agrees to pay all collection costs incurred including reasonable administration fees, legal fees, filing fees and court costs. Billing invoices for Service will be sent via e-mail only.
Changes in Terms:Evolutionary trends, requirements and demands impose increased demands on Internet resources. Therefore, in order to maintain fair access to its subscriber base and to maintain a healthy network infrastructure, Your Service Provider reserves the right to change, without prior notification to the Subscriber, terms and conditions relating to the Service.
Termination:If at any time during the term of this Agreement the Subscriber fails to abide by any of the terms and conditions in this Agreement, Your Service Provider reserves the right to immediately cancel all or part of the Service. This Agreement may be terminated at any time for default in payment and/or breach of the terms thereof and all fees for the remaining Agreement period will then be due in full. In the event that the Subscriber wants to cancel the Service, it must notify WaveDirect 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 e-mailed, faxed or mailed to WaveDirect or otherwise delivered to the then current address shown on WaveDirect’s web site.
Contract-Term Subscriber Cancellation Policies:Your Service Provider requires an immediate payment in the amount of the monthly price of the Service Plan multiplied by the remaining Contract Term or $450 whichever is less. Non Contract-Term Subscriber Cancellation Policies: You may cancel The Service with 30 days written notice prior to your next month’s service.
Fair Access Policy:In order to ensure fair access to the Service by all users, and to protect the integrity of the Service, Your Service Provider shall be entitled to take steps to prevent continuous and/or excessive consumption of Service bandwidth by users of the Service. Your Service Provider reserves the right:
(1) to limit throughput rates of certain bandwidth-intensive activities such as, but not limited to, video streaming, and automatic file exchange applications;
(2) to discontinue the provision of the Service via specific ports or communication protocols; and/or
(3) increase or decrease the relative priority of any or all traffic flow. To ensure fair access across the network Your Service Provider has implemented a Fair Access Policy (“FAP”) which establishes this equitable balance to Internet access across all broadband services for Your Service Provider’s entire subscriber base. FAP applies to all service plans.
Acceptable Use Policy:Your Service Provider is committed to do its part in maintaining Internet integrity. To assist Your Service Provider in protecting the valuable resources of the Internet, the Subscriber agrees to abide by the terms of this Acceptable Use Policy (“AUP”).
a. Any Internet activity, which references back to WaveDirect or its services in a damaging manner, will result in suspension or termination of Service. Illegal Internet activity using or referencing to WaveDirect or an account or services provided by WaveDirect will also result in possible prosecution, and assessment of legal fees and court costs WaveDirect incurs.
b. Subscriber(s) are responsible for the content of messages sent from their account, whether sent as mail or as electronic postings.
c. Subscriber(s) 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, corporations, governments, or organizations no matter where they are located, unless specifically authorized to do so by the owners of or persons having control and authority over such information.
d. Subscriber(s) shall not attempt to decrypt any encrypted material unless authorized to do so.
e. Unless specifically provided for as an addendum schedule to this Agreement, the Subscriber is specifically not permitted to host any type of server that allows others to download data via the Subscriber’s Service, including but not limited to any server that provides peer-to-peer or similar type access.
f. The use of the Service to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited under this Agreement. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where the recipient has not specifically requested such e-mail. Any violation of this policy may result in the immediate termination or suspension of Service under this Agreement, at the sole discretion of WaveDirect.
g. 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.
Any violation of this AUP will constitute a violation of the terms of this Agreement and may result in the immediate suspension of the Subscriber’s Service and/or termination of this Agreement. The Subscriber hereby acknowledges and hereby authorizes Your Service Provider to provide full co-operation with law enforcement agencies in connection with any investigation arising from an alleged or possible breach of this AUP.
Refunds:If service is unsatisfactory within 30 days of installation, we offer a full refund. There is NO REFUND after 30 days of installation.
The Service Equipment:Where applicable, additional charges may apply to the lease of The Service Equipment including the radio, antenna and power supply that was provided the day of installation. The Service Equipment will always remain the property of Your Service Provider. As such, it must be returned to WaveDirect if you cancel your Service. The cancellation process of your Service will not be completed and you will continue to be billed at your regular monthly rate until such time as The Service Equipment is received by Your Service Provider.
Remedies and Penalties:The actions Your Service Provider will take as a result of any breach of this Agreement, including non payment for Service(s), Excessive Consumption, Installation, and/or Site Survey may include suspension, cancellation or termination of this Agreement, at the sole option and discretion of the Your Service Provider. Your Service Provider does not issue any credits for accounts cancelled due to breach by the Subscriber of any term or condition of this Agreement. Your Service Provider reserves the right to refuse service to anyone at anytime for any reason. In addition to any other fees and penalties that may be assessed by Your Service Provider, as provided herein, the Subscriber shall be held liable for any and all costs incurred by Your Service Provider as a result of the violation of any terms and conditions of this Agreement. This includes, but is not limited to, legal fees and costs resulting from responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Your Service Provider’s current hourly rate for 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 Usenet message sent, plus $25 per complaint received. These rates are subject to change at any time without prior notification.
Common Use Policy:Your Service Provider’s broadband and network is engineered so that all users have the potential to provide or receive service to/from other WaveDirect customers or participants. The Subscriber agrees that personnel of WaveDirect and its sub-contractors (together recognized as the “Service Provider”) will be allowed at their sole discretion to install, upgrade, repair and maintain the radio transmission equipment, and managed router(s) (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 Your 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 Your 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 Your 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.
Performance Levels:Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such Your Service Provider does not guarantee the maximum The Service performance (throughput speeds) levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. You understand that any content that you may access through the Service may be subject to “caching” at intermediate locations on the Internet.
No Redistribution:Resale or redistribution of the Service, bandwidth or any other part of the Service provided by Your Service Provider for any purpose is strictly prohibited. Failure to comply with this condition will result in immediate termination of the Service and/or your WaveDirect account at Your Service Provider’s discretion.
Loss or Theft:It is the Subscriber’s responsibility to notify WaveDirect immediately if any Equipment is lost, stolen or destroyed (including, but not limited to vandalism, fire, and lightning). The Subscriber is responsible to reimburse WaveDirect for the cost of removal and replacement of Equipment including all labour charges, fees and other charges incurred as a consequence of loss, theft or destruction of such Equipment.
Service Availability:The coverage area indicated on WaveDirect’s website for geographical reference only and does not guarantee service. Due to the nature of the Service technology, Your Service Provider reserves the right to deem the Service unavailable to you up to, during, and after the installation. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service, even where such unavailability occurs after installation of the Service.
Warranty:In providing the Service, WaveDirect, 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, WAVEDIRECT WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, 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.
Miscellaneous:WaveDirect’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Where any provision of this Agreement conflicts with an applicable Federal or Provincial law, the applicable law will supersede this Agreement only in respect to the conflicting provision. WaveDirect may assign its rights and obligations under this Agreement to any third party without the Subscriber’s prior consent. The Subscriber may not assign or otherwise transfer this Agreement. In no event will WaveDirect be liable for any failure to comply with this Agreement if such failure results from any condition or event beyond the reasonable control of WaveDirect, including, but not limited to, terrorism, hacking, security breach, fire, flood or other acts of God, theft, riot, strike or other labour disturbance, power failure, insurrection or war.