Terms & Conditions
June 4, 2020
TERMS OF SERVICE
The following terms and conditions of service (the “Terms of Service”) govern the use of Services provided by any of Urban Communications Inc., its partners or associated companies (collectively, “Urbanfibre”). By using any of Urbanfibre’s services, including its Internet, television, video and phone services (collectively or individually, the “Services”) you agree to the following Terms of Service:
- By activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service. If you do not wish to be bound by this agreement or any modifications which may be made by Urbanfibre from time to time, you may not use the Services. Any current Urbanfibre document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the “Service Plan”) together with these Terms of Service, and Urbanfibre’s Acceptable Use Policy found at www.urbanfibre.ca/AUP, constitute our agreement with you (the “Service Agreement”). If there is any inconsistency between the Service Plan and these Terms of Service, these Terms of Service will prevail. No sales representative, dealer, agent, officer or employee of Urbanfibre has the authority to change or modify these Terms of Service, except pursuant to an official revised version of these Terms of Service, and you may not rely on any such change or modification. These Terms of Service cannot be changed by you.
- Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, content, programming, structure or any other aspects of the Services, as well as any term or provision of the Service Agreement, by publishing notice of the change in these Terms of Service. Publication of a change to the Services is deemed to be 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 by providing us with advance notice of termination pursuant to Section 68 or 69. If you do not terminate the Service Agreement as provided, you are deemed to have accepted the changes to the Service Agreement, waived any additional notice requirement and agreed to pay for the Services in accordance with the amended Agreement.
- Throughout this document:
- Us, we, our and Urbanfibre means the Urbanfibre entity named in the Service Agreement;
- Service or Services means any or all of the Internet access services, phone services, television services, wireless services, or any other services that you subscribe to under the Service Agreement or receive from or through Urbanfibre; and
- 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 Urbanfibre 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 Urbanfibre that may interest you. If you do not wish to receive offers or information from affiliated Urbanfibre entities, please contact Urbanfibre.
- By entering into the Service Agreement, you:
- authorize Urbanfibre to obtain information about your credit history and agree that Urbanfibre may provide information to others about your credit experience with Urbanfibre;
- accept all provisions of the Service Agreement, including those set forth in the Service Plan and these Terms of Service;
- agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
- represent that you have reached the age of at least 19 years of age and that you possess the legal right and ability to enter into this agreement and use the Services in accordance with this 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 Service Plan and these Terms of Service;
- 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.
- 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.
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 “Service Date”). Regular recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears.
- You agree to pay Urbanfibre the total charges for use of the Services, including, without limitation, fees applicable to installation, Equipment rental or deposits, administration costs incurred by Urbanfibre if your account is past due, service calls, toll or long distance uses, directory assistance uses, pay-per-view, video on demand uses, plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the use of the Services, as all such fees may be changed from time to time.
- By providing a credit card or bank account (or other pre-authorized payment method) to Urbanfibre for your monthly payments, you authorize Urbanfibre to charge your credit card or debit your account for all outstanding fees, taxes and charges and outstanding account balances due under the agreement, including any applicable late payment charge and termination charge, and this constitutes Urbanfibre’s good and sufficient authority for so doing. Such authorization will survive termination of this agreement until there are no charges owing by you under this agreement. If Urbanfibre does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by Urbanfibre.
- You promise that the credit card or bank account is in your name, is valid and has not expired. You shall promptly advise Urbanfibre if your credit card or bank account information changes due to loss, theft, cancellation or otherwise.
- Unless otherwise agreed we will bill you monthly. You are not responsible for paying an unbilled or under-billed portion of a charge unless Urbanfibre bills the charge within one year 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. You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Urbanfibre. Payments made after the statement date on your invoice will be reflected on your next invoice.
- 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 2% per month, calculated and compounded monthly on the delinquent amount (26.82% 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;
- returned or rejected payments;
- change of any identifier (e.g., phone number); and
- the restoration of Service.
A list of such charges is attached as Schedule A and is incorporated into these Terms of Service by reference.
- 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.
- Unless otherwise set out in the Service Plan, 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 as set out in Schedule A. 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.
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 with us 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 acknowledge that, except where otherwise specified by Urbanfibre, e-mail addresses, IP addresses and personal web page addresses assigned to you by Urbanfibre during the term of this agreement remain the property of Urbanfibre at all times, and we may change or remove any identifier at any time upon notice to you.
- 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. Our Acceptable Use Policy, available at www.urbanfibre.ca/aup, is incorporated into these Terms of Service by reference.
- 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 affiliated Urbanfibre 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 affiliated Urbanfibre 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.
- You authorize Urban, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services. Access to your premises will be at a time that is mutually convenient for you and Urban.
- In no event will Urbanfibre be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the Services is missed, either by Urbanfibre or by any third party installer.
- The Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations. Also, to ensure fair network access to all users, Urbanfibre may manage network resources using methods including, but not limited to:
- allocation of bandwidth, which may limit the availability or speed of service;
- filtering for spam and malicious content, which may occasionally result in unintended blocking of inoffensive content; and
- restricting the network access available to specific transmission protocols.
- Final confirmation of service availability for high speed services cannot occur until the high speed equipment is installed at your premises. If such equipment is installed by an Urbanfibre installer, you hereby authorize the installer to disclose to Urbanfibre the necessary information to confirm service availability for your premises.
- It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by Urbanfibre as being necessary for access to the Services. Urbanfibre shall post such minimum system requirements on the Services Web Site or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at Urbanfibre’s sole discretion.
- You are not permitted to operate an e-mail, web, news or other similar server through a Services account, except where such use is expressly permitted under your service plan.
- Urbanfibre does not guarantee that the Services will operate with all equipment or software including, without limitation, all Internet applications and appliances. 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 certain circumstances.
- You acknowledge that signal range and penetration of wireless capabilities of the Services will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and your computer. The high speed wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.
- You acknowledge and agree that when using wireless capabilities of the Services to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or Services account. You should take all appropriate security precautions when using such wireless capabilities including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. Urbanfibre is not responsible or liable for any claims, damages, losses or expenses relating to use or misuse of wireless capabilities of the Services including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.
- 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 Service Plan, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Service Agreement.
- You acknowledge that the Urbanfibre Services provide access to content, information and Service Plan that are uncensored. You acknowledge that some of the content, information and material that is available through the Urbanfibre Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. Urbanfibre recommends that minors using the Urbanfibre Services be supervised by an adult.
- Urbanfibre does not warrant the condition or content of any programming you are able to view with Urbanfibre’s Services or the content you are able to access on the Internet through use of Urbanfibre’s Internet Services. You acknowledge that there may be programming content or other content that you may find offensive and you agree that your viewing or use of such content is at your own risk. Some programming or content may not be suitable for minors and you agree to supervise all minors who you permit to view the programming or access the content from Internet through your account with Urbanfibre.
Equipment and Software
- Except for Equipment that you have fully paid for, all equipment installed or provided by Urbanfibre (“Equipment”) 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 relocate 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.
If such Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in repairing or seeking possession of such Equipment.
- You are responsible to supply all wiring inside your home needed to connect to the Services. Urbanfibre has no obligation to maintain or repair any facilities or equipment owned by you.
- Any unauthorized attachments to the Equipment or interfering or tampering with the Equipment or unauthorized use of the Equipment are prohibited and may constitute theft under the Criminal Code of Canada.
- You understand that the Services do not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require Urbanfibre to reset or reconfigure the Equipment, its facilities or network to reactivate the Services.
- 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 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 licence agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the Service Agreement.
- Urbanfibre is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the Services or from other services provided at your premises. Urbanfibre recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any Services high speed equipment or software.
- You agree to the installation of diagnostic software on your equipment for the purposes of assisting Urbanfibre in remotely determining the cause of any service or maintenance issue, maintaining interactive communications during a diagnostic session and sending instructions to your equipment to correct improper settings, if required. You agree that Urbanfibre may install updated versions of the diagnostic software on your equipment without notice, for the same purposes.
- Where Services are provided over phone lines, the Services may interrupt the functioning of some home or business security systems which use the same phone line as the Services. You agree that Urbanfibre is not responsible for any such problems or interruptions. You are responsible for ensuring that your premises are appropriately wired to ensure proper functioning of any home or business security systems, prior to installation of the Services.
- You acknowledge and agree that, except as otherwise explicitly stated in this agreement, Urbanfibre is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the Services.
End User Licence and Restrictions
- Urbanfibre grants you and your end users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resellable licence to use the software and hardware provided in conjunction with the Services in strict accordance with these Terms of Service and solely for your own internal business use. In the event of any expiration or termination of your subscription to Urbanfibre Services, all licence rights granted herein or in connection with any software or hardware immediately terminate. Any IP Rights in the Services or in any technology used in the provision thereof are and shall remain the sole and exclusive property of Urbanfibre and its licensors. All rights not expressly granted herein are reserved and retained by Urbanfibre and its licensors, and no IP rights or other rights or licences are granted, transferred, or assigned to you, any end user, or any other party by implication, estoppel, or otherwise. You acknowledge that misuse of the Services may violate third party IP rights in the software or hardware provided in conjunction with the Services. You may not use or disclose any intellectual property in the Services or any hardware or software related to the same except as expressly contemplated by this section.
- You agree that all right, title and interest in and to all intellectual property in the Services, any software or hardware used in conjunction with the Services, and any materials provided in connection with the Services are owned exclusively by Urbanfibre or its licensors. Except as expressly provided herein, the limited licence granted to you under the Services does not convey any ownership or other rights, express or implied, in the Services, any materials provided in connection with the Services, or in any intellectual property.
- All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under licence by, Urbanfibre. 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 Urbanfibre legal department.
- You represent, warrant, covenant and agree that you shall not disclose or use any of the intellectual property in the Services, any software or hardware used in conjunction with the Services, or any marketing materials for any purpose following termination of the Services or the limited licence granted thereunder to use the Services.
- Urbanfibre, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Services without notification to you. You acknowledge and agree that Urbanfibre has no obligation to make available to you any subsequent versions of the Services; provided, however, Urbanfibre shall make available to you any such features, functions, fixes, updates and upgrades and subsequent versions of the Services that Urbanfibre makes generally available at no additional charge to customers who subscribe to the same edition of the Services purchased by You. In addition, you and Urbanfibre acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that Urbanfibre is solely responsible for the provision of maintenance and support as provided in these Terms of Service and to the extent such maintenance and support is required under applicable law.
- You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Urbanfibre Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Except where expressly stated otherwise, all programs, services, processes, designs, technologies, Service Plan and all other things comprising the Urbanfibre Services are owned by Urbanfibre, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws.
- Urbanfibre does not claim ownership of information, Service Plan, software or other content (collectively, the “Content”) that you post, upload, input, provide, submit or otherwise transmit to Urbanfibre or any third party, using the Urbanfibre Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Urbanfibre or any third party, using the Urbanfibre Services, you have thereby granted Urbanfibre a royalty-free, non-exclusive license to use, copy, distribute, sublicense, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Urbanfibre to provide the Urbanfibre Services to its customers or to ensure adherence to or enforce the terms of this agreement.
- You understand that the technical processing and transmission of the Urbanfibre Services, including your content, Service Plan or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, Service Plan or information that you may access through the Urbanfibre Services may be subject to caching at intermediate locations on the Internet.
Customer Security Policy
- You are responsible for all activities on your account and the maintenance of all passwords related to your account. You further agree to ensure that all such password Information:
- shall be immediately changed in the event that you or your end users learn of or suspect that any account security incident has occurred;
- shall not be not transmitted or stored in any unsecure manner (including without limitation through any auto-storage, caching, “remember”, or auto-fill feature); and
- shall be protected from theft or unauthorized access, use, or disclosure with at least a reasonable degree of care and diligence.
- You agree to protect all end points using, at minimum, generally accepted security measures, including without limitation:
- effective passwords or other credentials;
- network segmentation and access restrictions utilizing an accurate and up-to-date access control list;
- session time-out and/or locking screen saver features; and
- use of an effective and up-to-date firewall for all networks to or through which any end point might connect.
- You acknowledge and agree that these requirements apply to ip desk phones, which utilize the same connectivity, and are subject to the same security risks, as computers.
- You agree to immediately notify Urbanfibre of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to Urbanfibre, as requested, to stop or remedy any breach of security.
Limitations on our Liability
- You acknowledge and agree that when using Urbanfibre’s Services to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or your Urbanfibre account. You should take all appropriate security precautions when using such Services including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. Urbanfibre shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of Urbanfibre’s Services including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.
- Neither Urbanfibre nor their affiliates, licensors, suppliers and agents (and their respective employees, officers, directors and representatives) are responsible or liable to you for any loss, cost or damages for any reason, including any interruption or unavailability of emergency 911 service, and including:
- 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 are accessed or transmitted solely at your own risk;
- if your Equipment fails, is not configured correctly or does not meet Urbanfibre’ requirements;
- any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
- any event beyond the reasonable control of Urbanfibre including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
- Urbanfibre’s failure, for any reason, to activate the Services on the date you requested or date provided to you by Urbanfibre;
- Your conduct, acts or omissions;
- if you tamper with or, in some cases, move the Equipment; or
- following suspension or termination of your Services or account.
- To the maximum extent permitted by applicable law:
- URBANFIBRE 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
- URBANFIBRE 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 US, 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, NEITHER URBANFIBRE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS AND AGENTS (OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES) WILL 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.
THESE LIMITS ARE IN ADDITION TO ANY OTHER LIMITS ON URBANFIBRE’S LIABILITY SET OUT ELSEWHERE IN THE SERVICE AGREEMENT AND APPLY TO ANY ACT OR OMISSION OF OURS AND OUR 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.
- You agree to indemnify and hold harmless each of the Urbanfibre entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable Urbanfibre entity, which result from or relate to:
- Access to or use, by you or any third party, of your Urbanfibre Services account; or
- Any of your acts or omissions including, without limitation, breach or non-performance of this agreement and any violation of third party rights.
Term; Suspension; Termination
- The term of the Service Agreement, and any applicable Commitment Period, starts on the first day of the month following the Service Date and shall continue indefinitely until terminated in accordance with the provisions of the Service Agreement or applicable law.
- There are 2 types of service agreements at Urbanfibre:
- Month-to-month (“Monthly Term”) which allows you to terminate the agreement without notice or cancellation fees as long as you return all rental equipment; and
- Fixed term agreement (“Fixed Term”), which may provide incentives, promotions, discounts or gifts in exchange for your commitment to us. Specific benefits are subject to change from time to time.
If you terminate an Urbanfibre Fixed Term agreement before the end of the term, you will also be responsible for the termination charges shown on Appendix A to the Terms of Service (“Termination Charge”). The Termination Charge is a genuine and reasonable estimate of damages suffered by Urbanfibre as a result of your early termination of the Urbanfibre Service and is not a penalty. At the end of your Fixed Term agreement, your Service will continue on a month-to-month basis, you will keep any gift you received, and any discounts you received during the fixed term will end.
- If you cancel your order prior to activation of any Urbanfibre Service you will be charged a cancellation fee as set by Urbanfibre from time to time, to the extent permitted by applicable law, representing a genuine and reasonable estimate of damages suffered by Urbanfibre as a result of your failure to activate the Urbanfibre Service.
- You may terminate all or any part of your Services by contacting Urbanfibre at the appropriate points of contact specified in these Terms of Service. You will be charged and promise to pay the applicable fees, taxes and other charges to and including the termination date.
- Urbanfibre may terminate all or any part of your Services upon no less than 30 days advance notice to you at your billing address. Without limiting the terms of par. 90, Urbanfibre may increase the fee payable for any Service upon not less than 30 days advance notice to you at your billing address, and in that event you shall have the right to terminate your agreement upon written notice given to Urbanfibre prior to the effective date of the price increase without any Termination Charge.
- In the event that Urbanfibre receives a complaint relating to use of the Urbanfibre Services by a customer, Urbanfibre may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account involved and remove any content, information or Service Plan from its servers.
- You agree that if the Services are terminated for any reason you will:
- pay Urbanfibre in full all amounts due for your use of the Services up to the date of termination of this agreement and return any Equipment to Urbanfibre; and
- permit Urbanfibre to access your premises at a mutually agreed upon time to remove the Equipment and any other Service Plan provided by Urbanfibre if you fail to return same to Urbanfibre as required under this agreement.
- Urbanfibre will refund you a pro-rata portion of your pre-paid monthly fee for the month of termination, based on the effective date of such termination.
- In the event that your Urbanfibre account is suspended, restricted or terminated, additional reconnection charges may apply as set out on Schedule A.
- Urbanfibre shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, Urbanfibre shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all e-mail and web page addresses related to your account may be immediately deleted or reassigned to other customers.
- Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this agreement prior to the time that such termination becomes effective.
- You agree to return any Urbanfibre-owned equipment to an Urbanfibre approved depot within 14 days of termination of an Urbanfibre Services high speed service account, unless otherwise directed by Urbanfibre. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a charge equal to the replacement cost of such equipment, plus applicable taxes. The location of Urbanfibre approved depots can be obtained by contacting Urbanfibre by phone at the phone number specified on this Web Site.
- You acknowledge that Urbanfibre has no obligation to censor or monitor use of the Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet. However, you agree that Urbanfibre has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if Urbanfibre believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this agreement, comply with any laws or regulations, respond to any emergency, allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
- You agree that Urbanfibre may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if Urbanfibre believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this agreement, comply with any laws or regulations, respond to any emergency, allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
- We may restrict, block, suspend or terminate any or all of your Services, 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:
- 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 affiliated Urbanfibre entity and any other services, accounts or agreements that are dependent on your services, accounts or agreements with us;
- 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 affiliated Urbanfibre companies 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.
- All disputes shall be determined by arbitration administered by the Vancouver International Commercial Arbitration Centre in accordance with the British Columbia Arbitration Act. The number of arbitrators shall be one. The place of arbitration shall be Vancouver, British Columbia, Canada. The arbitration shall be conducted in English.
- During the existence of any dispute, the parties will continue to perform all of their obligations under this agreement without prejudice to their position in respect of such dispute, unless the parties otherwise agree.
- The Service Agreement, as amended from time to time, constitutes the entire agreement between you and Urbanfibre for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. The respective obligations of the entities that may be defined as Urbanfibre in the Service Agreement are several and not joint. 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 Urbanfibre’s 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. The provisions of Sections 16, 60 to 64 inclusive, 77 to 86 inclusive, 90, 95 and 97 survive termination of the Service Agreement. These Terms of Service have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des 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 British Columbia and you submit to the jurisdiction of the courts of British Columbia. Please note that your rights and remedies may vary by province.
How to Contact Us
- To contact Urbanfibre regarding our Services: call 1-439-8530, go online at www.urbanfibre.ca/contactus or write to Urbanfibre Customer Relations Manager, 4647 Hastings Street, Burnaby, BC, V5C 2K6.
- Any notice of a claim must be given to the Urbanfibre legal department, 4647 Hastings Street, Burnaby, BC, V5C 2K6.
- 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 Third Party Services
- Some Off-Net Services provided by Urbanfibre may have a third party component which is subject to regulatory changes from time to time. Urbanfibre reserves the right to make changes to the Services as a result of tariff or other regulatory changes to the third party component of the Services as follows:
- the monthly recurring charges; or
- the method by which the Services are delivered. Urbanfibre will make commercially reasonable efforts to minimize any rate increases as a result of the third party changes. If a change is made to any third party service component which affects the Services, Urbanfibre will provide you with 60 days written notice of the expected change and the impact it will have on the Services (“Change Notice”), including any change to the monthly recurring charges. Upon receipt of the Change Notice, you will have the option of either accepting the proposed changes or cancelling the affected Services without Termination Charge. If you choose to cancel the affected Services, you must provide Urbanfibre with written notice to terminate the Services within 30 days of receipt of the Change Notice, in default of which you will be deemed to have accepted the change to the recurring charges or Services.
Additional Terms Applicable To Internet Access Services
- 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). Urbanfibre 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 Urbanfibre.
Additional Terms Applicable To Home Phone Services
Transferring Telephone Numbers
- Urbanfibre shall, on your behalf, request your existing service provider to “transfer-in” your existing assigned phone number, provided that you:
- represent and warrant that you have the right to make the request;
- authorize Urbanfibre to share with your existing service provider your information relevant to the transfer request (which may include personal information); and
- complete and sign a request form if necessary.
You are responsible for payment of fees owed to your existing service provider, including any applicable cancellation charge.
- Upon your written request, and only if your assigned account and phone number are active, Urbanfibre shall, upon termination of your Urbanfibre voice Services, process a “transfer-out” request for the phone number assigned to you to your new chosen service provider. You shall pay all fees and taxes in connection with the transfer from Urbanfibre, including any applicable cancellation charge.
- You agree that:
- Urbanfibre is not responsible for any interruption, disruption or disconnection of any services associated with the telephone number which is the subject of a transfer request; and
- a “transfer” of a phone number does not include the transfer of any services, including any features, applications or content, IP address, Identifier or any device or equipment associated with the applicable service.
Choice 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.
Additional Terms Related To Hosted Pbx Service
- Hosted PBX Services may be used only in accordance with these Terms of Service and Urbanfibre’s Acceptable Use Policy.
- You understand Hosted PBX Services do not function in the event of a power failure (regardless of where the power failure arises) or during a broadband (Internet) outage. Urbanfibre strongly recommends that you retain or acquire an analog local access line or fax line to be available for 911 calls or in the event of a power failure or broadband (Internet) outage.
- All IP phones and equipment related to IP phones, including but not limited to, handsets, headsets, software installed on or related to those devices, and any other product directly related to IP devices, are provided to the Urbanfibre customer by a third-party vendor. Where equipment is rented from Urbanfibre, Urbanfibre will repair or replace equipment in accordance with warranties and terms and conditions offered by the third party vendor. Where equipment is purchased from Urbanfibre, that equipment will be provided upon the terms and conditions that govern such equipment, including but not limited to, purchases, warranties, returns, exchanges and claims.
- Urbanfibre provides phones and network equipment for your exclusive use of the Services (the “Equipment”). Unless purchased, the Equipment at all times remains the property of Urbanfibre. You shall not sell, lease, transfer or assign the Equipment rented to you by Urbanfibre. You may use the Equipment only at the location you have indicated at the time you subscribe to the Services, subject to the notification requirements set out below.
- You are responsible for the safekeeping of the Equipment. If in your care, the Equipment is damaged, lost or stolen, you agree to pay Urbanfibre the full cost to recover, repair or replace the Equipment, as determined by Urbanfibre in its sole discretion.
- On the cancellation or termination of the Services (whether by the Customer or Urbanfibre), you are required to return rented Equipment to Urbanfibre in good working order, excepting reasonable wear and tear. If the Equipment is not returned to Urbanfibre, you will be responsible for the full replacement value of the equipment.
- Due to high levels of toll fraud in other countries, we have enabled international calling to the following countries only:
|China ||Czech Republic||Denmark||Finland|
|South Korea||Spain||Sweden ||Switzerland|
|Taiwan||Thailand||United States||United Kingdom|
|Vietnam|| || || |
List of available countries subject to change at any time.
- Toll Fraud is the responsibility of the customer and you may be held liable for any unauthorized calls and charges. While we have made every attempt to secure our systems from toll fraud, we cannot guarantee the integrity of the hardware or networks that are outside of our control. It is the customer’s responsibility to ensure best practices are used to secure individual login credentials and customer premises network security.
If You are Moving
- You must advise Urbanfibre at least forty-five (45) calendar days prior to the date of your move.
- If you move to a location outside of the Urbanfibre service area, all Equipment must be returned to Urbanfibre in good working order. Equipment charges will apply for all equipment that is not returned or is returned in damaged condition. Contract termination fees may also apply.
- If you move to another location within the Urbanfibre service area, you may only transfer your telephone number to a location within the same exchange area (there may be more than one exchange area in the Urbanfibre service area).
Important 911 Emergency Services Information
We want to make sure that you are aware of important differences in the way 911 service operates with a VoIP phone when compared with traditional telephone service.
- In addition to the limitations on our liability set out above, Urbanfibre limits and disclaims liability related to VoIP 911 service, including, without limitation, for the following reasons, as Urbanfibre Telephone Services may not function correctly, or at all, in the following circumstances:
- if the hardware provided and installed by Urbanfibre has been tampered with, damaged, fails or is not configured correctly;
- in the event of a network outage or power failure if there is no battery back-up, or once the battery back-up has been depleted, including during planned hardware or software upgrades; or
- following suspension or termination of your Service Agreement.
You hereby release, discharge, and hold harmless Urbanfibre from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call. You agree to indemnify and hold harmless Urbanfibre, and any third-party providers from any and all third party claims, losses, damages, fines, or penalties arising out of:
- Your provision to Urbanfibre of incorrect information, including physical addresses, or your failure to update your physical address;
- Your failure to properly notify any person who may place calls using the Urbanfibre VoIP services of the 911 limitations; or
- the absence, failure, or outage of emergency service, failure to properly maintain VoIP equipment, including replacing the battery, or using the Urbanfibre VoIP services for any reason; and
- the inability of any user of the Urbanfibre VoIP service to be able to dial 911 or access emergency service personnel for any reason.
- You are responsible for the supply of electrical power and the proper maintenance of VoIP equipment, including replacing the battery, if any, and contacting Urbanfibre for technical servicing when prompted to do so or as required.
Differences between traditional 911 service and VoIP phone 911
- With traditional phone services, your 911 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 911 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response centre.
Remember to verify your location
- Because you can move your VoIP phone between locations and because, for technical reasons, the emergency operator may not have your name, location or contact information available, you must immediately inform the emergency operator of your location and contact particulars any time you call 911. Do not risk sending police or ambulance services to the wrong location.
Be prepared during any service interruption
- VoIP phone service depends not only on your continued subscription and payment for the service, but also on Internet connectivity and power in order to function. In the event of power, network, or Internet outages (including congestion), or if your service is disconnected or suspended due to non-payment, you may experience a failure, disruption or delay in your 911 service. We recommend that you keep an alternative phone service (such as a cellular telephone) handy to increase the reliability of your access to emergency services during any service interruption.
Do not disconnect
- Until you are told to do so by an emergency dispatcher, do not disconnect your 911 call. If you are inadvertently disconnected, call back immediately.
Keep your service address up to date
- Urbanfibre will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 911 call), the emergency operator may assume that you are calling from the last registered address. If you move a registered device, you agree to immediately update the us with the new physical location of the device.
Inform other users
- You must notify members of your household or office and other potential users of your VoIP phone service of the nature and limitations of 911 emergency calls. You agree to affix an Urbanfibre-provided sticker warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use 911 service.
SCHEDULE A: FEES
In addition to the Fees set out in your service details, you may be subject to some of the following account or service Fees or charges. All Fees and charges are subject to change and applicable taxes, and are per occurrence unless otherwise specified by Urbanfibre. Additional Fees not set out below may apply depending on the Urbanfibre Service ordered and your Service Address. You will be notified of any such additional Fees prior to being charged. Fees may be lower in certain cases or where required by law.
|Late Payment Charge||2%/mo. or 26.82%/year|
Pre-Authorized Payment Denial
|SERVICE FEES ||AMOUNT|
|Business Phone|| |
|Early Cancellation Charge||The difference between the discounted rate and the non-discounted rate for the no. of months expired in the Fixed Term; and|
50% of the non-discounted rate x no. of months remaining in the Fixed Term; and
A proportionate amount of the value of any incentive, promotion, or gift other than a discount on the rate
|Early Cancellation Charge||50% of monthly rate x no. of months remaining in Fixed Term|