1. IGS Hawkesbury reserves the right to activate an account upon payment only.
2. No money will be refunded following any cancellation.
3. Payments are due before the 10^th of each month to avoid disconnection of service effective on this date.
4. Pre-authorized payments are accepted via Cheque, Visa, MasterCard, or American Express. Payments are processed on a monthly basis after initial set up. Payments will be processed on the 10^th of each month.
5. Invoices are sent via email.
6. Cancellation of accounts: A Written notice is required 15 days prior to the date of cancellation. The written notice is important to ensure that no accounts are cancelled under false understandings by another party besides the customer.  Accounts are considered active if there has been no notice of cancellation and therefore payment of the account is still required. No refund will be issued. Written notice will be accepted via e-mail to igsadmin@hawkigs.net or by fax (613) 632-0376 or by regular mail.
7. IGS Hawkesbury is not responsible for loss of “Online Time” caused by computer problems or anything unrelated to the internet Service.
8. This agreement requires the signature of all customers on initial sign up or payment will not be taken, nor will the account be created by IGS Hawkesbury.
9. If you wish to cancel your phone line or change your address please provide IGS Hawkesbury with two weeks’ notice, so that we can update your account. A charge of $60 will incur for installing a dry loop in the case of a cancelled phone line. A charge of $100 will incur for a change of address. If you cancel your phone line, change your Internet Service Provider or move you will lose your internet service unless prier arrangements are made with IGS Hawkesbury.

———-  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.

Survival

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.

Complete 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.

Governing Law

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.

Equipment

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.

Change

The Customer may, subject to IGS Hawkesbury’s approval, change to another IGS Hawkesbury Price Plan.

CRTC

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.