———- CHARGE OF $25.00 IF A RESET IS DONE TO THE MODEM———–
Terms and Conditions of Service
Rules and Regulations
The Customer agrees to abide by all the rules and regulations governing the use of the Service that may be issued or adopted by IGS Hawkesbury from time to time and furnished to the customer relating to the provision of the Service.
Rates and Charges
The Customer agrees to pay IGS Hawkesbury for the use of the Service at the time and in the amount specified herein.
(1)The Customer agrees to pay IGS Hawkesbury for any message toll charges or other network service charges incurred by the Customer in using the Service to make long distance calls or to access the services of other communication or telecommunications carriers, bulletin board services or other information providers who charge a tariff for their products and or services.
(2) All repurchased usage and setup fees are non-refundable.
(3) Unused connection time or unused download capacity during any monthly period cannot be transferred to any other months.
Changes in Rates and Other Terms
In the case of a Term Plan, IGS Hawkesbury may, upon notice to the Customer directed to the address on the previous page herein, change or modify any rates, charges or other fees in connection with the Service including the rates for connection time and monthly service charges. In the case of any other IGS Hawkesbury Price Plan, IGS Hawkesbury reserves the right to, upon notice to the Customer directed to the address on the previous page herein, change or modify any of its rates, charges or other fees and any other terms and conditions applicable in connection with the Service. Such changes or modified terms and conditions shall be deemed to be contained herein.
Limitation of Liability
IGS Hawkesbury does NOT warrant:
Uninterrupted working of the service or other communications transmissions services, equipment or software provided, rented or sold by IGS Hawkesbury, any of its affiliates or its or their respective employees, agents or dealers;
Uninterrupted working of the transmission services or equipment of any other communications or telephone company, carrier or system whose services or equipment are utilized by IGS Hawkesbury, any of its affiliates or by any customer or user in connection with the service;
The privacy of any communications relying in whole or in part on the service or other communications transmissions service or equipment provided, rented or sold by IGS Hawkesbury, any of its Affiliates or its or their respective employees, agents or dealers, or on the transmission services or equipment of any other telecommunications or telephone company., carrier or system whose services or equipment are utilized by IGS Hawkesbury, any of its Affiliates or by any customer or user in connection with the Service; and no such warranty or condition, whether express or implied by statute or otherwise, shall from a term or condition upon and under which IGS Hawkesbury, its Affiliates or its or their respective employees, agents or dealers offer such transmission service or equipment to any other person.
IGS Hawkesbury, its Affiliates and its and their respective directors, officers, employees, agents, dealers and subcontractors (it being acknowledged by each of the parties that for the purposes of this paragraph 6 and paragraph 13 below only IGS Hawkesbury is contracting on its own behalf and as agent on behalf of its Affiliates and its and their respective directors, officers, employees, agents, dealers and subcontractors) shall not be liable to any customer, user or any other person for any damages or loss whatsoever (including without limitation, direct, indirect, special incidental or consequential damages or damages for damage to or loss of property, loss of earnings, loss of profits, loss of business opportunities, loss of financial support, loss of family, personnel injury, mental suffering or loss of life), howsoever arising or resulting out of the provision or the use of or in connection with the Service or telecommunications transmission service or out of the use or installation of equipment or software provided, rented, sold or installed by IGS Hawkesbury, any of its Affiliates, or its or their respective employees, agents, dealers or subcontractors including, without limitation from: Defects, malfunctions or complete breakdowns in transmission equipment or facilities: Electrical shocks, burns or fires or explosions caused by malfunction transmission equipment or facilities: mistakes, omissions, interruptions, delays, errors, defects, or complete breakdown in transmission; incorrect installation or operation of transmission equipment or facilities; or from negligent, tortuous or delictual conduct of IGS Hawkesbury, any of its Affiliates or its or their respective employees, agents, dealers, subcontractors, suppliers or manufacturers, or any other act or omission which might give rise to a civil cause of action.
If an interruption or complete failure of IGS Hawkesbury or an Affiliates transmission services shall occur that results in an interruption or complete failure of the Service or other telecommunications transmission service that IGS Hawkesbury or an Affiliate provides to the customer. IGS Hawkesbury (or an Affiliate) Shall:
In the case of such an interruption to or failure of transmission services lasting 24 hours or more from the time IGS Hawkesbury is advised of the interruption or failure, make a refund of charges proportionate to the length of the interruption or failure of Service; and In the case of interruption to, or failure of message service, make a refund of charges, computed from the time that IGS Hawkesbury is advised of the interruption or failure; provided however there undertakings represent the sole extent of liability of IGS Hawkesbury, its Affiliates and its and their respective directors, officers, employees, agents, dealers and subcontractors.
The limitations of liability set forth in paragraph 6 hereof apply equally to data, voice and other telecommunications transmission services provided to the Customer by any other Internet service operator pursuant to any agreement entered into by IGS Hawkesbury and such other internet communications service operator. In this regard, paragraph 6 is to be read as if every reference to “IGS Hawkesbury” includes a reference to such other data communications service operator (it being acknowledged by each of the parties that for the purpose of this paragraph only IGS Hawkesbury in contracting as agent on behalf of such other Internet service operator(s)).
Renewal and Termination of Price Plans Other Than Term Plans
If the IGS Hawkesbury price plan selected by the Customer is not a Term Plan:
a. This agreement shall automatically renew for successive monthly terms on the expiry of the initial and each successive monthly term, unless the Customer or IGS Hawkesbury gives the other notice in writing of termination as hereinafter provided.
b. If the Customer should fail to pay for the use of the Service or fail to pay any other amount owed to IGS Hawkesbury at the times and the amounts specified – IGS Hawkesbury may terminate provision of the Service (or any portion thereof to the Customer) without notice to the Customer.
c. Either party hereto upon 15 days notice in writing may terminate this agreement. In the case of the Customer, notice shall be directed to the address on the previous page herein.
d. Notwithstanding the termination hereof, the Customer agrees to pay all charges to IGS Hawkesbury at the date of termination on accordance with this agreement.
Termination of Term Plan
(A) If an event of default (as defined Wow) occurs under a Term Plan, IGS Hawkesbury, in its absolute discretion, may terminate provision of the Service to the Customer and this agreement. If the Guide requires the Customer to pay IGS Hawkesbury a specified amount as a genuine pre-estimate of liquidated damages in the event of early termination of this agreement by IGS Hawkesbury as a result of the occurrence of an event of default, or by the Customer for any reason, the Customer shall pay such amount to IGS Hawkesbury within 21 days of written notice to the Customer requiring it to do so, directed to the address on the previous page herein. The Customer shall pay any costs incurred by IGS Hawkesbury to recover such amount and any other amounts due hereunder, including legal fees.
(B) For the purpose of Term Plan the occurrence of any one of the following shall constitute an event of default:
(i) Failure by the Customer to pay all required charges and taxes to IGS Hawkesbury within 5 days of the due date thereof as specified in IGS Hawkesbury’s monthly statement to the Customer;
(ii) Failure to the Customer to remain an IGS Hawkesbury Customer for any reason;
(iii) Breach of this agreement by the Customer;
(iv) The Customer having recourse or being subject to any statue respecting bankruptcy, Insolvency or winding up.
The limitations on liability in paragraph 6, 7 and 13 hereof and the Customers obligation in subparagraph 8 (D) and 9 (A) shall survive the expiry or other termination of this agreement.
The Customer acknowledges that there are no other terms and conditions of this agreement except as are expressly contained or deemed to be contained herein or expressly incorporated herein by reference.
The agreement shall be governed by and construed in accordance with the laws applicable in the province in which the Customer’s designated billing address is situate, as identified on the previous page herein.
Language (Applicable only to the province of Quebec)
The parties hereto have required that this agreement and all transaction, document or notices resulting there from or ancillary thereto be drawn up in the English language. Les parties aux presentes ont demande que ce conte et tous les documents, transactions ou avis en resultant ou y etant assujettis solent rediges en langue anglaise.
The Customer acknowledges and agrees that the only warranty applicable to any equipment being purchased pursuant to this agreement is that written limited warranty supplied by the manufacturer or as specified between the Customer and a specified insurance carrier via separate agreement. THERE IS NO WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, PROVIDED BY IGS HAWKESBURY OR ITS AFFILIATES TO THE CUSTOMER WITH RESPECT TO ANY EQUIPMENT PURCHASED PURSUANT TO THIS AGREEMENT.
The Customer may, subject to IGS Hawkesbury’s approval, change to another IGS Hawkesbury Price Plan.
IGS Hawkesbury’s rates and charges are subject to approval from time to time by the Canadian Radio-Television and Telecommunications Commission (the CRTC). Notwithstanding anything to the contrary herein contained, IGS Hawkesbury may also terminate provision of Service to the Customer if the performance of this agreement would result in non-compliance with any applicable statue of regulation or the regulations or requirements of the CRTC or other regulatory authority Paving jurisdiction.
“Unlimited” type rate plans are based on your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use and are subject to a Fair Use Cap of 3000 minutes per month. Unlimited North America calls excludes calls to area code 867 in Northwest and Yukon Territories, and calls to Alaska and Hawaii, and does not apply to transferred or forwarded calls. When using the Home Phone service, it may impact the upload and download speeds of Your Internet service. Additional surcharges may apply. You may contact our customer for more information.
Service Limitations for Home Phone: You acknowledge and understand that the Home Phone Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by IGS Hawkesbury as set out in these Terms.
Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
How your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1emergency calls; and changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with IGS Hawkesbury.
Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, (company name) recommends that you terminate the VoIP services or consider an alternate means for accessing traditional9-1-1 emergency services.
Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.
Liability: Customers are advised to review this section with respect to IGS Hawkesbury’s limitations of liability.
Please contact us if you have any questions.
Office Phone: 613-632-4075
186 Main Street East
Hawkesbury, Ontario, Canada