Internet and Home Phone service:
The following terms and conditions of service (the "Terms") govern your use of the Services. Any current FibreStream document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the "Materials") together with these Terms constitute our agreement with you (the "Service Agreement"). If there is any inconsistency between the Materials and these Terms, these Terms will prevail. No sales representative, dealer, agent, officer or employee of FibreStream has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you.Throughout this document:
- Us, we, our and FibreStream means the FibreStream entity named in the Service Agreement.
- Service or Services means any or all of the Internet access services, phone services, or other services that you subscribe to under the Service Agreement or receive from or through FibreStream.
- Equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Services.
Your account information may, from time to time, be disclosed to other members of the FibreStream Inc. organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the FibreStream organization that may interest you. If you do not wish to receive offers or information from related FibreStream entities, please contact FibreStream at the address set out below. Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, structure or any other aspects of the Services, as well as any term or provision of the Service Agreement, upon notice to you. If you do not accept a change to the Services, your sole remedy is to terminate the Service Agreement and the Services provided under the Service Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 31. If you do not accept a change to these Terms, your sole remedy is to retain the existing Terms unchanged for the duration of the Commitment Period (as defined below), upon notice to us within 30 days of your receipt of our notice of change in the Terms. By entering into the Service Agreement, you:
- > authorize FibreStream to obtain information about your credit history and agree that FibreStream may provide information to others about your credit experience with FibreStream;
- > accept all provisions of the Service Agreement, including those set forth in the Materials and these Terms;
- > agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
- > acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
- > acknowledge that you have received and had the opportunity to review a copy of the Service Agreement, including the Materials and these Terms;
- > confirm that the information you have provided to us is up-to-date and accurate; and
- > agree to notify us of any change in your information.
Charges; Account and Payment Information
- Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier (the "Activation Date").
- Unless otherwise agreed to by you and us, we will bill you monthly. We may bill you, however, for a charge up to six months from the date the charge was incurred.
- You are liable for all charges to your account. Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.
- If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 3% per month, calculated and compounded monthly on the delinquent amount (42.58% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
- Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following:
- Collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
- Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following:
Installation Fee $50.00 FibreStream will send a technician to install your services Second Cable Fee $50.00 FibreStream will run a second network cable to your unit (required for phone + Internet speeds over 100 Mbps) Moving Fee Free FibreStream will send a technician to move your services to another on-net unit Home Phone Number Change $25.00 Charged when you request to change your home phone number Jack Relocation Fee $50.00 FibreStream will send a technician to move your services to a new jack Jack Repair Fee $50.00 FibreStream will send a technician to upgrade or repair your jack Premium Suite Upgrade $50.00 FibreStream will connect all your jacks to the router in your communication panel Reconnection Fee $25.00 FibreStream will reconnect your services after suspension for non-payment Phone Porting Fee $25.00 Keep your existing phone number Phone Porting Cancellation $50.00 Cancel your number porting after submitting
- Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges. Modem/Router Return Policy: You have up to 30 calendar days from the time you receive your item(s) to initiate a return. A 10% restocking fee will be assessed for opened items. Shipping fees are not refundable.
- Unless otherwise set out in the Materials, if you agree to subscribe to one of our plans or Services for a committed period of time (the "Commitment Period"), you may be subject to an early cancellation fee ("ECF") for each Service. Any decrease in your Commitment Period may be subject to a fee. If your Service is terminated prior to the end of the Commitment Period, you will pay us an ECF as specified in the Service Agreement, plus taxes.
- Changes to your account (e.g., price plan, features or identifiers) will not take effect until after your next billing date.
- No refunds or credits are issued for any unused monthly services or hardware.
Deposit; Credit Requirements
- We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. You will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.
- Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts, if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.
- You do not own any identifier (e.g., telephone, account, calling card or PIN number; e-mail, IP or Web page address; access code, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.
- You may not use the Services for anything other than your own personal use. You may only use one publicly assigned IP address. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.
- From time to time, we may establish policies, rules and limits (together, the "Policies") concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies. We will provide you with notice of the Policies and of changes to the Policies.
- When using the Services, the Equipment or any products, content, applications or services used in conjunction with the Services or Equipment, you must comply with all applicable laws and our Policies.
- We may suspend or terminate your Services, the Service Agreement and any other agreement for services you may have with any related FibreStream entity, without notice to you, if you engage in one or more of the activities prohibited by our Policies. In addition, you may be charged for any costs incurred by us or any related FibreStream entity in connection with your breach of the terms of this Section, including costs incurred to enforce your compliance.
- We reserve the right to restrict, change, suspend or terminate your Service by any means if your access, use or connection to the Services, Equipment or our facilities is impairing or adversely affecting our operation or the use of our Services or facilities by others.
- We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with the Service Agreement or any Policies, or protect ourselves, our customers or the public. We reserve the right to move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Service Agreement.
- Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:
- You will take reasonable care with such Equipment;
- You may not sell, lease, mortgage, transfer, assign or encumber such Equipment;
- You may not re-locate such Equipment without our knowledge and permission; and
- You will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related.
- You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair or remove the Equipment or to maintain, investigate, protect, modify or improve the operation of our Services or our facilities.
- Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g., 911 services). Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
- You must immediately notify us, at any of the points of contact specified below, if your Equipment is lost, stolen or destroyed. Should you then wish to terminate your Services, your obligations under the Service Agreement, including the ECF, will apply.
- Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take reasonable steps to protect such software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Service Agreement.
No Warranties; Limitations on our Liability
- You acknowledge and understand that the Services or access to the Services, including 911 or special needs services may not function correctly, or at all, in the following circumstances:
- If your Equipment fails, is not configured correctly or does not meet FibreStream' requirements;
- In the event of a network outage or extended power failure;
- If you tamper with or, in some cases, move the Equipment; or
- Following suspension or termination of your Services or account.
- Neither FibreStream, licensors, suppliers and agents (and their respective employees, officers, directors and representatives) are responsible or liable to you for any content, applications or services provided to you or accessible by you through the Services, any charges incurred in connection with such content, applications or services or anything that is or can be done with such content, applications or services even if you are billed for such content, applications or services. All such content, applications or services is accessed or transmitted solely at your own risk.
- To the maximum extent permitted by applicable law:
- FibreStream does not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the "Offering");
- You bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering connections or networks; and
- FibreStream does not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
- All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from FibreStream or our agents, dealers or representatives, creates any term, condition, representation or warranty not expressly stated in the Service Agreement.
- You are solely responsible for the following matters:
- Any access to the Equipment;
- Maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or network; and
- Protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
- Unless otherwise specifically set out in the Service Agreement, to the maximum extent permitted by applicable law, FibreStream will not be liable to you or to any third party for:
- any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; personal injury; death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
- the denial, restriction, blocking, disruption or inaccessibility of any Services, including 911 or special needs services, Equipment or identifiers (including telephone numbers);
- any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
- any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
- any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
- any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
- FibreStream 9-1-1 Service sends all emergency 9-1-1 dialed calls directly to an emergency call-answer center (PSAP) in the 9-1-1 caller's geographic area. An (PSAP) agent then connects the caller to the required emergency services agency (police, fire and/or ambulance). In cases where 9-1-1 callers are unable to verbally indicate their location, the 9-1-1 caller's name, telephone number (listed or unlisted), address, type of service and other pertinent information is automatically sent to the PSAP with each incoming 9-1-1 call so that the emergency service can respond. The only limitations are that the 9-1-1 services may not be available during a power failure or a broadband outage. FibreStream is not responsible for any liability incurred during any 9-1-1 disruptions. Please ensure that you understand any 9-1-1 limitations of our 9-1-1 Service and that you make all other users aware of these limitations. For any further information or clarification on the 9-1-1 services please call 1 888-316-5813 and an agent will be glad to answer any of your concerns.
- These limits are in addition to any other limits on FibreStream' liability set out elsewhere in the Service Agreement and apply to any act or omission of FibreStream and their respective employees, officers, directors, agents and representatives, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.
Confidentiality of Your Information
- Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you kept by us, other than your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:
- A person who, in our reasonable judgment, is seeking the information as your agent;
- Another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
- A company involved in supplying you with telephone or telephone-directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
- An agent retained by us in the collection of your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
- An agent retained by us to evaluate your creditworthiness, provided the information is required for and is to be used only for that purpose;
- A law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
- A public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
- Express consent to disclosure may be obtained as follows:
- By written consent;
- By oral confirmation verified by an independent third party;
- By electronic confirmation through the use of a toll-free number;
- By electronic confirmation via the Internet;
- By oral consent, where an audio recording of the consent is retained by us; or
- By consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
Term; Suspension; Termination
- The term of the Service Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of the Service Agreement or applicable law.
- Unless otherwise permitted by applicable law:
- you may terminate all or any part of your Services at any time by contacting FibreStream at the appropriate points of contact specified in these Terms; and
- FibreStream may terminate all or any part of your Services or accounts upon no less than 30 days advance notice to you at your billing address.
- Applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s), and an ECF may apply as set out in Section 8.
- We may restrict, block, suspend or terminate any or all of your Services or accounts, including 911 service, or identifiers in any way, without notice or liability to you, if:
- You are in breach of the Service Agreement, including non-payment of your charges or non-compliance with any Policies;
- You do not maintain Service usage within the prescribed credit limit;
- You exceed reasonable usage limits, as determined by us;
- You have given us false, misleading or outdated information;
- We reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services or facilities by others;
- You harass, threaten or abuse us or our employees or agents;
- You fraudulently or improperly seek to avoid payment to us;
- Bankruptcy or insolvency proceedings are instituted by or against you;
- Any account or service on which your Services depend is terminated for any reason; or
- We reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
- If we restrict, suspend, block or terminate your Services or accounts:
- You must pay any amounts owing;
- we may also suspend, block or terminate, without notice or liability, your Services under any other agreement or account that you may have with us or a related FibreStream entity (including accounts that may be in good standing);
- Your access to emergency or special needs services (e.g., 911) may also be restricted, suspended, blocked or terminated; and
- Your rates for services with related FibreStream entities may change in accordance with the terms of those services.
- To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
- The Service Agreement;
- The Services or Equipment;
- Oral or written statements, advertisements or promotions relating to the Service Agreement, the Services or Equipment; or
- The relationships that result from the Service Agreement.
- Where applicable, arbitration will be conducted in the Province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. FibreStream will pay all reasonable costs associated with any such arbitration.
- All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by, FibreStream Inc. or of one of its affiliates. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the FibreStream Legal Department.
- The Service Agreement, as amended from time to time, constitutes the entire agreement between you and FibreStream for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. If any portion of the Service Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Service Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Service Agreement. The Service Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and FibreStream' respective successors and assigns. You may not assign or transfer the Service Agreement without our prior consent. We may assign or transfer the Service Agreement or any of our rights or obligations hereunder without your consent. These Terms been drawn up in the English language at the express request of the parties.
- The Service Agreement is governed exclusively by the laws of the province in which your billing address is located, but if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province.
How to Contact Us
- To contact FibreStream regarding our Services: call 1 888-316-5813 or write to FibreStream, 312 Cooper St, Unit 7, Ottawa, Ontario, K2P 0G7.
- Any notice of a claim must be given to the FibreStream Legal Department, 312 Cooper St, Unit 7, Ottawa, Ontario, K2P 0G7.
- Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
ADDITIONAL TERMS APPLICABLE TO INTERNET ACCESS SERVICESHome Networking
- You acknowledge and understand that when using home networking, there are certain inherent risks (e.g., other users may gain access to your system or your Services and accounts). FibreStream shall not be liable for any claims or damages relating to home networking, even if the home networking application or service is provided, installed, maintained or supported by FibreStream.
- FibreStream does not employ any traffic management policies for Peer-to-Peer (P2P) traffic at this time. However, FibreStream reserves the right to terminate your services immediately should you exceed reasonable usage limits, as determined by us.
ADDITIONAL TERMS APPLICABLE TO HOME PHONE SERVICESChoice of Long Distance Service Provider
- You may choose your long distance service provider from those providers that have entered into connection arrangements with us. If you choose to receive local, but not long distance, telephone services from us, we may provide long distance services to you prior to your activation by your chosen long distance company to ensure continued availability of long distance services to you.
Telephone Listings and Directories
- We will make your name, address and telephone numbers available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with legal or regulatory requirements. However, subject to the 911 service provider exception described below, you may opt to have your name, address and telephone number listing information omitted from these directories or services by requesting, and paying for, an unlisted telephone number. These directories or services, however, may receive or obtain your telephone numbers and address from a source other than us. Furthermore, your name, address and telephone numbers will be accessible by 911 service providers, even if you have requested, and paid for, an unlisted telephone number. We will not be liable to you or to any third party for any error, inclusion or omission with respect to any telephone listings or directories.
- You must supply all facilities and equipment, including all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the point where the local telephone company's facilities end and your facilities begin. It is your responsibility to reconnect your facilities and equipment as necessary after termination of the FibreStream phone services.