Basic Definitions
In this Agreement:
Connect's Policies
This Agreement forms part of the Service Agreement. The Terms and Conditions define the rights and responsibilities of Connect Mobility Inc ("Connect") and the person, firm, partnership, corporation, organization, or association to whom Connect provides Internet access service (the "Customer") concerning the provision of Internet access service and associated telecommunications services (the "Services"), and any equipment, including, without limitation, Ethernet devices and software, provided by Connect to the Customer for use with the Services (the "Equipment"). Together with the Customer Service Agreement, Privacy Policies, and Acceptable Use Policy, these Terms and Conditions form the entire Agreement between the Customer and Connect for the Services (the "Agreement").
The Customer has agreed to be legally bound and abide by the following Terms and Conditions by using the Services. IF THE CUSTOMER DOES NOT ACCEPT THESE TERMS AND CONDITIONS, THE CUSTOMER MAY NOT ACCESS OR USE THE SERVICES. Please read these Terms and Conditions carefully.
The Customer grants to Connect, without cost to Connect, such easements or rights-of-way over, upon or under the property owned, occupied, or controlled by the Customer as Connect reasonably requires at any time for unimpeded ingress and egress for the construction, maintenance, installation, repair, and operation of the infrastructure needed to provide Services to the Customer, including, without limitation, cables and conduit as may be required (the "Facilities"). The Customer authorizes Connect, its employees, agents, contractors, and representatives to enter the Customer's property and access the Equipment and Facilities to install, maintain, inspect, repair, or remove the Equipment and Facilities and for any other purpose as is reasonably required for the provision of the Services. Access to the Customer's property will be at a time that is mutually convenient for Connect and the Customer. If the Customer is not the owner of the property, it is the Customer's responsibility to obtain and maintain rights to enable Connect, its employees, agents, contractors, and representatives to install, maintain, inspect, repair, or remove the Facilities and/or Equipment.
The Customer must purchase, install, or maintain, at the Customer's own cost, the router or devices and all other equipment required for the Customer and any authorized persons to access and use the Services, or that are used in connection with the Services (the "Customer's Equipment"). The Customer's Equipment shall be and remain the responsibility of the Customer. The Customer agrees that Connect is not responsible for any damage or loss to the Customer's Equipment resulting from the use of the Service. The Customer agrees Connect is not responsible for the installation, operation, help or support of the Customer's Equipment, including, without limitation, ensuring the compatibility of the Customer's Equipment with Connect's Equipment or the Services. Connect, and the Village of Standard will make routers and devices available for sale or lease (the "Covered Devices"). Connect warrants that the Covered Devices will operate substantially by the documentation provided with the Covered Devices following the limited warranty offered by the Connect may update or change the software, settings, specifications, and features of the Covered Devices from time and time, and the Customer permits Connect to do so.
The Customer is responsible for the Customer's account and maintaining all passwords related to the Customer's account. The Customer is solely responsible and liable for all activities that occur under the Customer's history, including, without limitation, all actions of any sub-account. The Customer is also responsible for maintaining the confidentiality of the Customer's account and all passwords related to the Customer's account. The Customer agrees to immediately notify Connect of any unauthorized use of the Customer's account or any passwords associated with the Customer's account or of any other breach of security and to aid Connect, as requested, to stop and/or remedy any breach of
Users will comply with the Service Agreement (including this Agreement, the Policies, and all other documents which form part of the Service Agreement). You will be responsible and liable for their breach of any of the foregoing.
Connect will provide the Customer with a monthly bill setting forth the charges incurred for the use of the Services. Connect makes the Customer's bill available over the Internet. In that case, the Customer's responsibility is to create an online account management profile, subscribe to electronic bill notifications, and check the online account every month for the Customer's bills. Regularly recurring charges are billed in advance, and expenses incurred on a per-use basis are billed in arrears. Suppose the Customer's bill is lost or does not receive a bill. In that case, the Customer is still responsible for making the required payment to Connect.
The services are provided to the Customer subject to the payment of all applicable service rates and any additional charges identified to the Customer at the time the Customer applied for the Services or otherwise in accordance with these Terms and Conditions, including installation and activation fees, together with all applicable taxes and government charges.
All bills are due in full on the due date specified on the bill. Charges not paid by the due date specified on the bill are assessed a late payment charge, calculated, and compounded monthly, of 2% per month (26.82% per year), calculated from the due date for those charges, which the Customer must pay in addition to all other amounts owing to Connect. Connect will charge $35.00 for each non-sufficient funds cheque or additional payment paid by the Customer and denied for any reason by a financial institution.
Administrative and collection charges may apply if the Customer's account goes into arrears, including because of returned or rejected payments or the Customer's failure to inform Connect of any change to the Customer's account information for pre-authorized The Customer is responsible for any costs, including legal fees and expenses, collection agency fees, or court costs, incurred by Connect to collect any amounts owing under these Terms and Conditions.
All charges and credits to the Customer's account shall be deemed validly incurred unless the Customer disputes the charge or credit within thirty (30) days after receiving the bill that includes the charge or credit.
Provided there is no deception to avoid payment. The Customer is not responsible for paying an unbilled or under-billed portion of a charge unless Connect correctly bills the charge within one (1) year from the date it was incurred. In these circumstances, Connect will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to the Customer's account.
The Customer will provide all information reasonably requested by Connect and complete any credit applications offered by Connect to investigate the Customer's creditworthiness. The Customer authorizes Connect to collect, use, disclose and rely upon the credit information supplied by the Customer, the information in credit applications and any data available from commercial credit reference services to assess the Customer's account.
Connect may require a security deposit from the Customer:
Connect may apply any portion of the security deposit against unpaid charges on the Customer's account at any time and, upon the termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit retaining only the amount then owing on the Customer's account.
Payment is due in full as specified on your invoice. Connect will also charge you costs associated with paying a collections agency to collect unpaid balances from you and an administration fee for Connect to collect unpaid balances. Connect will charge $35.00 for each payment denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive Connect's right to collect all you owe Connect. If Connect does not receive payment in full by the end of the billing month specified on your invoice, the Equipment could be deactivated.
If you think there has been an error in a charge posted, you must notify Connect within 30 days after the charge has been posted or within 45 days after receiving the invoice. If you fail to do so, the charge will not be adjusted.
You must pay all federal, provincial, and local taxes, fees, and other assessments that Connect is required by law to collect and remit on the Services and Equipment provided to you. These charges may change from time to time without advance notice. If you claim any tax exemption, you must provide Connect with a valid exemption certificate. Tax exemptions generally will not be applied retroactively.
This Agreement will be in effect for the Term specified when the Customer applied for the Services (the "Term"). Upon the expiry of the Term, the Services will continue on a month-to-month basis until the Customer notifies Connect that it wishes to cancel the Services. The terms and conditions applicable, including all rates and charges, will apply to the month-to-month Services. The Customer may terminate this Agreement at any time by notifying Connect at least five (5) business days before the first day of the month, in which case termination will be effective at 12:01 AM on the first day of the month, provided that, if the Customer terminates before the expiry of the Term, the Customer will remain liable for the payment of all charges that would otherwise have been payable to Connect for the remainder of the Term. Connect may restrict, block, suspend or terminate all or any part of the Services if the Customer contravenes any provision of these Terms and Conditions, including the obligation to pay for the Services as the charges become due. While the Services are suspended, the Customer remains responsible for all regularly recurring charges.
Connect may terminate the Services and this Agreement:
Connect may terminate the Services and this Agreement for any other reason upon thirty (30) days written notice to the Customer. The Customer acknowledges and agrees that Connect shall not be responsible or liable to the Customer or any third party for any suspension, restriction, or termination of the Services. Termination of this Agreement will not relieve the Customer of any amounts owing or other liability accruing under this Agreement prior to the date that such termination becomes effective. A re-activation fee will apply if the Customer seeks to have the Services re-activated after a suspension or cancellation of the Services.
The re-activation fee will be the lesser of:
The Service agreement term is 24 months. Connect, and its affiliates will refund your money if you are not satisfied within the first 30 days with the Services or the Equipment. After the first 30 days, the standard 12-month Equipment warranty will apply to any equipment purchased.
Connect may, without notice, suspend any Service and/or terminate the Service Agreement at any time if you or any of your users: (a) fails to pay any amount owing to Connect as and when due; (b) harasses or threatens any of Connect's employees, contractors or representatives; (c) provides false, inaccurate or unverifiable information to Connect; (d) interferes with any of the Services or Connect's operations or network; (e) uses (or is suspected of having used) any Services or Equipment in any manner restricted by or inconsistent with the Agreement or applicable law; (f) breaches any of the Services Agreement (including any document which forms part of the Services Agreement); (g) becomes insolvent or bankrupt; (h) if Connect believes terminating the Services is necessary to protect Connect's interests, any customer's interests or Connect's Equipment.
You and your users must not use any of the Services: (a) in any manner that is illegal, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect Connect or any of its, network, property, Services, reputation or customers; (c) to communicate any unsolicited commercial voice mail, text, SMS, or other messages, (d) to infringe or violate the intellectual property rights or other rights of a third party, (e) to upload or transmit any "virus," "worm," or malicious code; or (f) in any way prohibited by any of the Policies or any other document which forms part of the Service Agreement.
Connect may take any action to (1) protect Connect's network, Connect's rights and interests, or the rights of others, or (2) optimize or improve the overall use of Connect's network and Services. Some of these actions may interrupt or prevent legitimate communications and usage.
Connect has no obligation to monitor any information or content accessible, transmitted, posted through or to the Services. However, connect may monitor your use of the Services electronically from time to time and disclose to any third party any information necessary to (a) satisfy any legal, regulatory or other government requests; (b) operate or provide the Services; or (c) protect itself, other customers or users in accordance with the Policies. Connect reserves the right to refuse to transmit or post, or to remove or limit access to, any information or content in whole or in part that violates the Service Agreement or is otherwise deemed objectionable by Connect in its sole discretion.
Connect warrants that the Equipment will operate in accordance with the manufacturer's specifications. Connect's warranty covers material defects in the Equipment. This warranty does not cover any physical or cosmetic damage to the Equipment. Only Connect certified technicians can assess damage to the Equipment. If the Equipment fails, the procedure will be to replace this Equipment with a spare. Connect concludes that the warranty covers your product, Connect will repair or replace the product at Connect's expense.
THIS IS YOUR SOLE REMEDY FOR BREACH OF THE ABOVE WARRANTY.
Connect may update or change the software, settings, specifications, and features of its Equipment from time to time, and you will permit Connect to do so.
You are solely responsible for your account with Connect and maintaining the security of all your and your users' account numbers, names, and passwords.
If all or substantially all Connect's warranties, representations and/or performance of services about this Agreement are materially interfered because of any cause or occurrence beyond the control of Connect, including without limitation, machine malfunction (except to the extent caused by intentional or grossly negligent acts of Connect, its employees or agents), fire, flood, epidemic, earthquake, explosion, accident, war, blockage, embargo, an act of a public enemy, civil disturbance, labour dispute (or threatened disputes), then Connect, to the best of its ability, shall give notice to Client of such event of force majeure, and the performance by Connect's responsibilities undertaken within this Agreement, or any additional and/or subsequent agreements that may be in force between Connect and Client, shall be postponed for a period equal to the period of existence of the event of force majeure.
Connect does not guarantee uninterrupted Wi-Fi services in any of Connect's markets. Service may be temporarily limited or refused due to fibre or microwave network limitations, environmental conditions, force majeure, network interferences or any other reasons within or outside Connect's control. The specific network coverage you receive depends on Wi-Fi coverage in your particular area. Spectrum Interference and foliage may alter coverage areas when using Services outdoors under optimal conditions. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within Connect's estimated coverage areas that, along with other factors both within and beyond Connect's control (e.g., network problems, software, signal strength, your router, structures, buildings, weather, geography, topography, etc.), may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service. Services that rely on location information, such as 911 and GPS navigation, depend on your device's ability to acquire satellite signals (typically not available indoors) and network coverage.
Connect makes no representation or warranty that the Services will be uninterrupted or error-free and will not apply any rebate for interruptions. The Customer's responsibility is to ensure that the Customer's Equipment and software meet the current minimum system requirements specified by Connect as being necessary for access to the Services. To ensure fair network access to all users, Connect may manage network resources using methods including, but not limited to:
The Customer acknowledges that there are gaps within Connect's estimated coverage areas and other factors both within and beyond Connect's control. Example: network problems, software, signal strength, structures, buildings, weather, geography, topography, etc., may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of the Services. Services that rely on location information, such as 911 and GPS navigation, depend on the ability of the Customer's Equipment to acquire satellite signals (typically not available indoors) and network coverage. Connect may interrupt and or inspect the Equipment or Services at any time, for any duration of time, without notice or liability to the Customer, to install, inspect, repair, replace or perform necessary maintenance of the Equipment, its Facilities and or network, or for other technical reasons as may be required. The Customer acknowledges and agrees that when using the Services' wireless capabilities to access the Internet, or any other online network or Service, certain risks may allow other service users or Internet users to gain access to the Customer's computer system or Services The Customer should take all appropriate security precautions when using such wireless capabilities, including, without limitation, encrypting the Customer's network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on the Customer's network, and disabling computer file sharing capabilities when moving the Customer's computer outside of the Customer's home network. Connect shall not be responsible or liable for any claims, damages, losses, or expenses relating to the use or misuse of the Services' wireless capabilities, including, without limitation, those resulting from the Customer's use of file sharing, print sharing or other functions that may allow others to gain access to the Customer's computer, network, or the contents of the Customer's transmissions.
If the Equipment or other Equipment or property of Connect shall be damaged by fire or another casualty, the Client shall give prompt notice (email or phone call) to Connect. In the case of damages caused by faulty wiring, the Client shall carry insurance to cover costs and liabilities. Client hereby releases and shall indemnify and save harmless Connect and their respective servants, agents' officers, employees and others for whom any of them are in law responsible, from and against all actions, suits, claims, damages, expenses, cost and liabilities arising out of or as a result of:
a) Any breach, violation or non-performance of the Equipment, terms, and obligations on the part of the Client as set out in this Agreement.
b) Any damage to Equipment by the installation, operation, maintenance or removal of the and related Equipment by its servants, agents, employees or contractors or others for whom it is by law responsible.
c) Any injury to, sickness, disease or death of any person or damage to or destruction or loss of property and consequential injury or damages (including, without limitation, loss of business income or profits) resulting from the installation, operation, maintenance or removal of the Equipment and related Equipment.
d) Any damage to or destruction or loss of cables, Equipment and related Equipment or other property of Client or others installed or kept by Client on Equipment on which Connects Equipment is stored.
e) If the Equipment is damaged by any and all casualties and Connect completes repairs, the Client will submit claims (not exceeding coverage) to the Insurance company for repayment to Connect.
Connect reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving thirty (30) days' notice. Connect will notify the Customer of any amendments to this Agreement by posting a notice online at https://connectmobility.ca/standard-alberta-internet-service (the "Website") or by sending the Customer notice on the Customer's monthly bill. It is the Customer's responsibility to go to the Website to become aware of any amendments posted. The Customer is not obligated to continue using the Services after an amendment to this Agreement is made; however, if the Customer chooses not to accept the amendment, the Customer's sole remedy is to terminate the Services, effective at the end of the current billing period. The Customer's continued use of the Services following any amendment shall be deemed to accept the amended Agreement, waiver of any additional notice requirements and Agreement to pay for the Services under the amended Agreement.
THE SERVICES, EQUIPMENT AND ALL INFORMATION AND CONTENT PROVIDED IN CONNECTION WITH THE FOREGOING (COLLECTIVELY, THE "CONNECT PRODUCTS AND SERVICES") ARE PROVIDED BY CONNECT ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONNECT PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONNECT PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, CONNECT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED IN CONNECTION WITH THE CONNECT PRODUCTS AND SERVICES, INCLUDING REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF MERCHANTABILITY DURABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CONNECT DOES NOT REPRESENT OR WARRANT THAT:
NEITHER CONNECT NOR CONNECT'S VENDORS, SUPPLIERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM:
UNDER NO CIRCUMSTANCES WILL CONNECT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES OR OTHER LOSS OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THE CONNECT PRODUCTS AND SERVICES OR THIS AGREEMENT, INCLUDING THOSE ARISING FROM MISTAKES, ERRORS, DELAYS, INTERRUPTIONS OR OMISSIONS IN THE TRANSMISSION OF MATERIAL OR MESSAGES, WHETHER NEGLIGENT OR OTHERWISE, WHICH WOULD OTHERWISE GIVE RISE TO CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER DOCTRINE IN LAW OR EQUITY.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, CONNECT'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CONNECT PRODUCTS AND SERVICES WILL BE LIMITED TO THE FEES YOU PAID TO CONNECT DIRECTLY OR INDIRECTLY THROUGH A DISTRIBUTOR.
Except as the Agreement specifically provides otherwise, you must provide Connect notice by phone call or email. Connect will give you notice in your invoice, correspondence to your last known billing address, to any email address you have provided. Connect by calling your business phone or cell phone.
By Telephone: (403) 540-0000
email: support@Connectmobility.ca
Except as otherwise set out in this Agreement, any notice required or permitted to be given by Connect under this Agreement may be provided by:
Connect will provide telephone assistance on a reasonable effort basis, at the telephone number and during the following times:
Telephone: 403-540-0000
Email: support@connectmobility.ca
Hours of Operation: 8:00 AM to 5:00 PM Monday to Friday.
Assistance is limited to the Customer’s problems using the It may exclude issues related to specific equipment and software, as specified by Connect, at its discretion. The Customer acknowledges that charges may apply to certain support services, as specified by Connect. Connect cannot guarantee the resolution of any problem or Services interruption.
The Customer agrees that the Services will only be used for lawful purposes. The Customer agrees that it will not use any of the Services, Equipment, or other devices, including any router, phone, tablet, laptop or accessory or other product Connect sells to the Customer or is active on the Customer's account (the "Devices") to:
Without limiting any of Connect's rights to suspend, restrict or terminate the Services as described elsewhere in this Agreement, Connect may suspend, restrict, or terminate the Services without notice if, in Connect's sole and absolute discretion, the Customer, or any person or entity authorized to use the Services by the Customer, has violated the terms of acceptable The Customer acknowledges and agrees that Connect shall not be responsible or liable to the Customer or any third party for any suspension, restriction, or termination of the Customer's account.
If at any time the Customer becomes aware of any violation, by any person or entity, of the terms of acceptable use which involves the Customer's account, the Customer agrees to immediately notify Connect and provide Connect with assistance, as requested, to stop and/or remedy such violation.
The Customer acknowledges that Connect has no obligation to censor or monitor the use of the Services by the Customer, its authorized users or any third party. However, the Customer agrees that Connect has the right to, without notice, monitor use of the Services and monitor any content, material, or other information sent, received or accessible through the Services if Connect 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 allegation of illegal conduct or claimed violation of third party rights or to protect itself or others.
The Customer acknowledges that the Services provide access to content, information and materials that are uncensored. The Customer acknowledges that some of the content, information, and material available through the Services and the Internet may be inaccurate, offensive, harmful, or in violation of applicable laws.
The Service Agreement will be governed by and construed in accordance with the laws in effect in Alberta. All disputes arising out of or in connection with the Service Agreement will be referred to and exclusively resolved with finality by arbitration administered by the Alberta courts in Calgary, provided, however, that a party may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.
The invalidity or unenforceability of any term or provision of the Service Agreement will not affect any other term or provision of the Service Agreement; the remaining terms and provisions will continue in full force and effect. The parties will negotiate in good faith to agree to a substitute term that will be as close as possible to the intention of any invalid or unenforceable term while being valid and enforceable.
Without Connect's prior written consent, you may not assign or sublicense this Agreement or any of your rights under the Service Agreement or the Services, which may be withheld without cause.
The Service Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns.
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