Residential Bundles – 1123 Westwood

RESIDENTIAL SERVICE AGREEMENT

BETWEEN: URBAN NETWORKS INC. doing business as Urbanfibre (“Urban”)

4647 Hastings Street, Burnaby, BC, V5C 2K6
Telephone: (604) 439-8530, Facsimile: (604) 320-1607

and

You, the Customer and Resident of 1123 Westwood (3086 Lincoln Ave)

Term: 24 months

By agreeing to the Terms and Conditions, the Customer agrees that he or she has read, understands and agrees with all of the terms and conditions set out or referenced in this agreement, including Schedule 1.

SCHEDULE 1 - Standard Terms and Conditions

Rev. April 25, 2019

Provision of Services

1.1. Urban shall provide facilities and perform communications services, including voice, data or image, broadcast video and audio (the “Services”).
1.2. Customer grants to Urban, and its authorized employees, agents or contractors, at no cost to Urban, the right to enter on and gain access to the Customer Premises, for the following purposes:
(a) installing the infrastructure, equipment and facilities (the “Equipment”) necessary and incidental to enable and deliver the reception and distribution of the Services throughout the Customer Premises, which shall remain the property of Urban at all times; and
(b) testing, operating, maintaining, repairing, servicing, upgrading, modifying, removing or replacing the Equipment or anything incidental or necessary to comply with Urban’s obligations under this agreement.
1.3 Customer acknowledges that the offer is only valid once the minimum number of sign-ups is met.

2. Installation and Equipment

2.1. Urban shall ensure that the Equipment is installed in accordance with all relevant government requirements, including fire and building code requirements.

3. Customer Obligations

3.1. The Customer shall not rearrange, disconnect, remove or otherwise tamper or interfere with the Equipment.
3.2. The Customer is prohibited from using the Services, or permitting the Services to be used, for a purpose or in a manner for which they were not originally provided without the prior written consent of Urban.
3.3. The Customer shall not resell, or share the Services or permit third parties to initiate any transmission from the Customer Premises and shall not itself initiate any transmissions on behalf of any third party from the Customer Premises.

4. Liability

4.1. Urban does not warrant that any data or files sent by or to the customer will be transmitted in uncorrupted form or within a reasonable period of time, or that other users will not gain access to the Customer’s system.
4.2. Urban does not guarantee error-free or uninterrupted operation of the Services, and the Services are provided on an “as is” and “as available” basis. Except as expressly provided for herein, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NONINFRINGEMENT, ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR PURPOSE AND MERCHANTABLE QUALITY AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED. Use of Services is at Customer’s sole risk.
4.3. The Services provided by Urban hereunder are provided to and for the benefit of the Customer only, and not for any other third party.
4.4. URBAN’S TOTAL LIABILITY TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT (INCLUDING LIABILITY RELATED TO ANY PERFORMANCE OR FAILURE TO PERFORM HEREUNDER) WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE CHARGES PAID TO URBAN FOR THE SERVICES UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE DAY ON WHICH SUCH LIABILITY AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
4.5. Customer acknowledges and accepts the reasonableness of the disclaimers or exclusion and limitations of liability contained in these Terms and Conditions.
4.6. In no event will Urban be liable for any indirect, special, incidental or consequential damages, including loss of revenue, loss of profits, loss of business opportunity or loss of use of any facilities or property, even if advised of the possibility of such damages.
4.7. The provisions in this section 4 shall survive the termination of this agreement.

5. Accounts

5.1. All accounts are due in advance of Services being provided. Charges which are not paid when due will bear interest at the rate of 2% per month (26.82% per annum). Taxes and government charges are extra.

6. Term and Termination

6.1. If Customer terminates a fixed term agreement prior to the end of the term, Customer shall pay a cancellation fee of $10 per month multiplied by the number of months remaining in the term plus a pro-rated amount of any incentives or discounts provided to Customer at the formation of the contract. To cancel, Customer must give notice by a method that may be proven, including registered mail, fax, personal delivery or email to support@ubn.ca. The termination charge are a genuine and reasonable estimate of damages suffered by Urban as a result of early termination of the Services and is not a penalty. Rental equipment must be returned in good condition upon cancellation of service, otherwise the replacement cost will be charged to Customer.
6.2. Urban may terminate Services at its option at any time by written notice to the Customer.
6.3. If this agreement is for a fixed term and the term expires without being renewed or extended, this agreement shall continue on a month-to-month basis on the same terms and conditions as set out in this agreement.

7. Additional Terms - Telephone

7.1. Urban will cancel the Customer’s local line service from the previous service provider on behalf of the Customer, and Customer authorizes Urban to do so. Customer will remain responsible for all charges owing to the previous service provider, including cancellation fees.

8. Additional Terms - Internet

8.1. Use of Urban’s Internet service is at all time subject to compliance with Urban’s Acceptable Use Policy as it may be amended from time to time.

9. Additional Terms - Urban TV

9.1. Urban reserves the right to modify channel lineups, packaging and pricing without notice.

10. Additional Terms - Price discounts and incentives

10.1. Regular pricing applies from the end of a promotional period and Urban reserves the right to modify regular pricing at any time. Current published rates will apply for Services and Urban will give at least 30 days notice in advance of any rate changes.
10.2. If this agreement is for a fixed term and Urban has provided price discounts or incentives to the Customer and the Customer terminates this agreement prior to end of the fixed term, Customer will pay a cancellation fee equal to the pro rata value of the incentives provided for the full fixed term of the contract.

11. General Provisions

11.1. Taxes and government charges are in addition to fees for Services.
11.2. This agreement shall be governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein.