General Terms & Conditions
General Terms & Conditions
IN THE CONSIDERATION of the mutual covenants and agreements contained within this Agreement, the Service Provider and the Customer hereby represent, warrant, covenant and agree as follows:
- disclosed in confidence to persons who, in the reasonable opinion of the Service Provider, are the agents of the Customer;
- utilized by the Service Provider in carrying out the functions and operations of the Service Provider under this Agreement (including, without restriction, enforcement of any provisions of this Agreement), and the operation of the Network in general; and
- utilized by the Service Provider, or its agents or consultants, provided such agents or consultants agree to be bound by these provisions.
- Service Limitations– The Services offered from time to time by the Service Provider may offer a variety of access speeds and accounts. All Services are subject to the availability of suitable equipment and facilities and consequently all Services are not available at all locations. The Customer agrees that:
- the Services are subject to the Customer’s equipment satisfying standards of transmission and supporting communications protocols required for access to the Internet through the Network and the existing equipment and facilities;
- the Service Provider cannot guarantee that all current or future Internet applications can or will be supported; and
- the Services are subject to the purchase of certain wireless internet and other equipment necessary for permitting access to the Customer’s own equipment and connection to the Network.
- Service Provider Property on Service Location– As part of the Services the Service Provider may provide various equipment including wireless modem, POTS splitter and inline micro filters (the “Customer Premise Equipment”). The Customer agrees:
- Rental– the Customer Premise Equipment not purchased by the customer is provided on a rental basis as part of the Fees payable, will remain the property of the Service Provider, and maybe subject to security deposit requirement;
- IP Addresses– IP addresses may be installed in the Customer’s hardware or software for the duration of the Services being provided by the Service Provider, which addresses are NOT portable and remain the property of the Service Provider. The Service Provider may modify or change such addresses at any point in time and shall in no way be required to compensate the Customer for such changes.
- Warranty– TechNet limited hardware warranty covers all parts including modem, power supply, power cord and Ethernet cable for one (1) year. If any of this hardware breaks under normal use a replacement new or refurbished unit will be shipped to the customers at no cost. Act of God, misuse and damage due to negligence is not covered under our limited warranty. Lighting, rain and water damage are some examples of situations not covered by warranty. Outdoor radio units are covered for entire service term, however service call charges for a swap of unit will apply.
- Customer Responsibility– the Customer shall:
- NOT in any manner whatsoever remove, relocate or alter all or any portions of the Customer Premise Equipment without prior approval from the Service Provider;
- NOT sell, transfer, lease, or assign the Customer Premise Equipment to any third party, or in any way part with possession of all or any portion of the equipment with prior approval of the Service Provider;
- be responsible for any loss, theft or intentional damage to the equipment due to any cause during the term of this Agreement and until the Service Provider’s equipment is returned to the Service Provider including, without restriction, the cost plus applicable taxes for repairing or replacing any damaged, lost or stolen Customer Premises Equipment or any other of the Service Provider owned components;
- be responsible for any service calls necessitated by reason of any unauthorized removal, relocation or alteration of all or any portion of the Customer Premise Equipment including, without restriction, the cost charged by the Service Provider from time to time plus applicable taxes for site visits or telephone service calls;
- upon cancellation of the Services with the Service Provider, the Customer Premise Equipment shall be removed by the Service Provider;
- present any account disputes within 90 days of the original date.
- Access, Removal Replacement– the Service Provider shall have the right, license and privilege to enter the Service Location for the purposes of servicing the Customer Premises Equipment, and to disconnect and remove any Customer Premise Equipment after service termination / cancellation.
- Service Provider Not Responsible– any damage or failure to the Customer Premise Equipment in its performance and/or ability to function correctly shall be excused to the extent that the damage or failure is caused by an event or occurrence beyond the reasonable control of the Service Provider and without its fault or negligence, such as by way of example and without limitation, an act of God, fire, flood, weather conditions, power loss, earthquake or other natural disaster, epidemic, pandemic, war, an act of terrorism, insurrection, revolution, riot or civil dispute, burglary, nuclear reaction or explosion.
- Shipping Fee for All New and Replacement Hardware– A subsidized shipping cost of $19.99 will be charged for hardware shipping. This charge covers a portion of total cost to TechNet for shipping hardware to customer and prepaid shipping label to ship back damaged hardware. Shipping fee is applied on all new hardware purchases, replacement under warranty and whereby customers may replace defective or damaged hardware that are no longer subject to the TechNet Computer Resources limited warranty. Shipping fee does NOT apply to purchase of customers hardware that are new to TechNet Computer Resources and has never had services with TechNet Computer Resources before.
- Hardware Requirements– The Customer must have certain hardware in order to access and use the Services, such as a personal computer with a Ethernet Network Interface Card (“NIC”), hub or a router acceptable to the Service Provider to be obtained from a local supplier. Additional Customer equipment may be required for each Services accessed by the Customer. The Customer will be solely responsible for obtaining and maintaining the Customer’s equipment necessary to access and use the Services. The Customer shall be required to show that its equipment is functioning properly prior to commencement of any applicable Service or the Service Provider doing any work on or in relation to the equipment.
- Operating System Requirements– The Customer must meet certain operating system requirements in order to receive technical support from the Service Provider. Acceptable operating systems are posted on the Service Providers website for reference. The Service Provider may refuse to provide technical support for other operating systems on a case by case basis. Other than software provided by the Service Provider, the Customer acknowledges and agrees that it is responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the Services.
- Access– The Customer shall provide the Service Provider or its designate with access to any such software and/or hardware as reasonably required (and in any event within not less than 48 hours of notice or request from the Service Provider, failing which the Customer shall forfeit any Service levels agreements or rebates).
- NIC/Hub/Router– The Customer Premise Equipment, and the Services provided by the Service Provider, must be connected to a suitable, hub or router installed at the Customer’s Service Location. The NIC, hub or router must be installed as appropriate prior to installation by the Service Provider. The Service Provider will not install, rearrange or remove cards in the Customer’s computer.
- The standard installation of a high speed service includes:
- connection to one jack and one computer;
- installation of software at one computer; and
- programming IP addresses at the applicable number of computers.
- Additional charges apply to all other services (unless the Customer’s service plan specifically provides for multiple installations and users).
- The standard installation of a high speed service includes:
- The Customer must:
- provide an adequate, standard household power outlet within 1.8 meters of the location that the Service Provider provided high-speed modem is to be installed.
- provide a suitable location for the installation of the Service Provider high speed equipment within 1.8 meters of the Customer’s computer. The location must provide reasonable ventilation and protection from damage to, theft, or loss, of the Service Provider provided equipment. Any relocations of wireless modems will be subject to a reinstallation service by the Service Provider in order to resume the Services.
- Use of a Surge Protector is highly recommended
- Only the standard installation service will be provided, except for software upgrades or additional equipment requirements are deemed necessary by the Service Provider. Additional charges shall apply when it is necessary for the Service Provider to install special equipment or to incur an unusual expense to establish the Services.
- If reinstallation of the Customer Premise Equipment or software is required at the Customer’s Service Location, it will be provided a charge no greater than the normal installation charge.
- All site visits will be assessed a minimum charge as it relates to moves, changes, rearrangements or re-installations of Customer Premise Equipment and the software related thereto, unless otherwise specified.
- The Service Provider recommends that the Customer back-up all existing files by copying them to another storage medium, prior to the installation of any equipment or software. The Service Provider assumes no liability whatsoever for any damages to or loss of any software files or data, or any personal or commercial computer warranty infringements due to equipment installation.
- Current Electrical Code do not require low voltage circuits (such as the CPE installed by TechNet Computer Resources contractors) to be grounded. Should a Customer require a CPE, mast or other equipment to be grounded it must be done in accordance with section 10 of the Canadian Electrical Code. Other legislation and codes may apply to such work — as such Customers are responsible for verifying any legislation they will need to comply with as this is not intended as professional or legal advice. All required permits should be pulled by either the home owner or a master electrician (or other competent party as allowed under the applicable legislation or codes). Note that grounding of CPEs and masts will not be performed by TechNet Computer Resources contractors.
- Provision of Service– The Service Provider will provide the Customer with Internet access via the Customer Premise Equipment provided that the Customer complies at all times with the terms of this Agreement. The Service Provider will provide the Customer with high-speed, wireless Internet access as long as acceptable physical conditions exist between the access points to the Network and the Customer’s Service Location, according to the Services that the Customer selects. The Services provided by the Service Provider are expressly limited to the individual or business named as the Customer within this Agreement, and may not be resold in any way. Reinstatement of service following a “termination of service” will carry with it a reconnection of service fee.
- Support Desk– The Service Provider Support Desk will provide telephone assistance via a specified telephone number on a reasonable efforts basis during the hours specified from time to time by the Service Provider. Assistance is limited to problems encountered in using the Services and the Customer Premise Equipment, and excludes problems related to the Customer’s own hardware and software. The Service Provider cannot guarantee the resolution of any particular problem or Services disruption. The support services shall consist of those support services established, maintained and made available by the Service Provider from time to time, as further outlined within the Service Provider’s website.
- Access & Termination– The Customer agrees that the Service Provider or its representatives shall have access to the Customer’s account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. The Service Provider shall be authorized and entitled to share such access with law enforcement authorities pursuant to any investigation of alleged illegal activities involving a Customer’s account. The Service Provider will not disclose the existence or occurrence of such an investigation unless required by law, but the Service Provider reserves the right to terminate the Customer’s account and this Agreement immediately, with or without notice and without liability to the Customer, if the Service Provider reasonably believes that the Customer or any person accessing the Services through the Customer’s equipment and the connected Customer Premise Equipment has violated this Agreement, any of the Terms of Acceptable Use, furnished the Service Provider with false or misleading information, or interfered with use of the Services by other users. The Service Provider further reserves the right to terminate any accounts and the underlying agreements that have been inactive for one hundred eighty (180) days or longer. The Service Provider may modify, suspend or discontinue the Services at any time, with or without notice, and without liability to the Customer, any other user or any third party.
- Multiple Users– The Customer acknowledges and agrees that it is executing this Agreement, and all Service Schedules, on behalf of all persons who may now or in the future utilize the Services through the Customer’s Computer. The Customer assumes all liability for such use and is responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement including all applicable Service Schedules.
- Payment– In exchange for use of the Services, the Customer shall pay the Fees according to the monthly plan selected, and the Fees schedule established and amended from time to time by the Service Provider. Prorated charges, the normal installation charge, as well as all recurring monthly charges will appear as separate line items on the monthly invoice. Recurring Fees for the Services are assessed for the current month. Payments are due in full 20 days after the date of the invoice. Past due accounts will result in suspension and possible termination of the Service, and will be processed in accordance with applicable the Service Provider collections policies. All Services and Fees are subject to change without notice. All invoicing will be done electronically and delivered to the Customer’s email address of choice. A monthly charge will be applied for Customers requesting paper base invoicing.
10.Credit Check And Security Deposits – The Service Provider and those acting on its behalf reserve the right to:
11.Termination of Agreement – Subject always to other agreement between the parties including, without restriction, the terms and conditions of the Service Schedules and any agreement(s) to fixed term(s) therein, the Customer may terminate this Agreement and related Service Schedules at any time by providing the Service Provider with advanced notice at least Sixty (60) days prior to cancellation date. Cancellation fees may apply – see specific conditions within the Service Schedules. Services terminated prior to the last day of the billing cycle will be charged for the full month with no proration. After the expiration of the contract term, services may be terminated at least 1 day to the end of the month of cancellation.
12.Hardware Return Process and Non-Return Fee on Cancellation – TechNet Computer Resources expects customers to return indoor equipment including modem, power supply, power cord and Ethernet cable upon cancellation of service with TechNet Computer Resources within 30 days of receiving a return shipping label from us.
1.If customer fails to return the indoor hardware to TechNet Computer Resources at the address indicated within thirty (30) days of receiving the shipping label, customer will be charged hardware Non-Return Fee of $600. This fee is based on the retail value of the hardware being replaced. TechNet Computer Resources is not responsible for any packages stolen, lost in transit or which fails to reach the designated return address.
13.Download Limits – The Customer agrees to reasonable data limits. If the Customer has a pattern of excessive usage, the Service Provider may impose additional charges. The Customer will be given 30 days prior written notice to take corrective actions. If corrective action is not taken subsequent to the written notice, charges may be levied.
14.Disclaimer – The Service Provider is providing the Services on an “as is, where is” basis, without any representations, warranties or collateral promises of any kind whatsoever, and subject always to the quality, security, and reliability of other providers’ access and backbone services provided to the Service Provider, including, without restriction, interruptions thereof or reductions therein due to force majeure events affecting the provision of such services. The Customer assumes the risk of any and all damage or loss from use of, or inability to use the Services, for any cause or reason whatsoever. To the maximum extent permitted by law, the Service Provider expressly disclaims any and all warranties, express or implied, regarding the Services and the Service Provider’s performance of this Agreement, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any intellectual property rights. The Service Provider does not warrant that the Services will meet the Customer’s or any requirements, or that the operation of the Services will be uninterrupted or error free.
15.Limitation of Liability – Notwithstanding anything contained within this Agreement, the Customer agrees that:
- the Services may contain errors, design flaws, or other problems, and that use of the Services may result in unpredictable damage or loss to the Customer, including without limitation unexpected results or loss of data;
- the Customer, and any third party accessing the Services through the Customer with or without consent, shall utilize the Services at their own risk;
- in no event will the Service Provider be liable for damages of any kind (including, but not limited to, special, incidental or consequential damages, lost profits or lost data, regardless of the foreseeability of those damages) arising out of or in connection with the use performance, installation, or removal of the Services, the Customer Premise Equipment, or any other software, materials, advice, or services provided to the Customer by the Service Provider.
16.Indemnification – The Customer hereby agrees to indemnify and hold the Service Provider harmless from, any and all actions, omissions, negligence, or offences committed by the Customer or any party utilizing the Services with or without the consent of the Customer. Without limiting any of the foregoing, the Customer shall indemnify, defend and hold harmless the Service Provider, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including all legal costs on a solicitor and his own client full indemnity basis) arising from the use of the Services at or through the Customer’s Service Location, the violation of the Terms of Acceptable Use, or the infringement of any intellectual property or other right of any person or entity, by the Customer or by any other user of the Services through the Customer’s own equipment or the Customer Premise Equipment provided by the Service Provider.
17.Applicable Law – This Agreement shall be construed in accordance with and governed by the laws of the province of Alberta and applicable federal law without reference to its rules regarding conflicts of law.
18.Term of Agreement – The term of this Agreement shall become effective upon the installation of Customer Premise Equipment at the Service Location, and commencement of Service availability to the Service Location.
19.Entire Agreement – This Agreement constitutes the entire agreement between the Service Provider and the Customer with respect to the matters contemplated herein, and shall replace and take precedence over all prior oral or written understandings, communications or agreements not specifically incorporated within this Agreement. The Service Provider may, in its sole discretion and without prior notice: (a) revise the terms and conditions of this Agreement (b) revise its billing rates and other fees; and (c) modify the Services at any time. The Service Provider will post any such revision or modification to the Service Provider’s website, and the revision or modification will be effective immediately upon such posting. The Customer shall review this Agreement, the Terms of Acceptable Use, and the online policies as posted on the Service Provider’s website periodically to be aware of any revisions. The Customer shall be deemed to have agreed to and accepted any such terms and policies, and/or revisions or modifications, by continuing to use Services following notification by posting to the Service Provider’s website. In the event that any terms or portions of this Agreement (including any incorporated by reference) are determined by a court of competent jurisdiction to be unenforceable or otherwise contrary to laws, such terms or portions shall be severed from the balance of this Agreement which shall continue in full force and effect.
20.Refusal of Service – The Service Provider reserves the right to refuse service to anyone for any reason not prohibited by law. The Service Provider further reserves the right to suspend or terminate Services to any user, including the Customer, for any reason not prohibited by law.
21.Binding Effect – This Agreement shall enure to the benefit of and remain binding upon the Service Provider, together with its successors, assigns and licensees.
22.Encumbrance – The Customer hereby charges and encumbers all its right, title estate and interest in and to the Customer’s Service Location to the extent of any monies owing by the Customer to the Service Provider from time to time, together with any costs, including legal costs on a solicitor and his own client full indemnity basis, incurred by the Service Provider in the enforcement of any terms of this Agreement. The Service Provider shall be entitled, at any time, to register a Caveat against the title to the Customer’s Service Location respecting such amounts. The foregoing shall be an addition to, and not in derogation from or substitution for, any other rights or remedies to which the Service Provider may be entitled.
23.Regulations – This Agreement is made subject to all rules and regulations passed by the Board of Directors of the Service Provider from time to time, and of a governmental body having jurisdiction over the Service Provider, and such rules and regulations form a part of this Agreement. Copies of the Rules and Regulations passed by the Board of Directors are available to the Customer either through the Service Provider’s website or at the Service Provider’s office during normal business hours.
24.Traffic Management – The service provider may at certain times apply management policies to network traffic. The goal of such policy is to ensure the highest quality of service for voice and other internet traffic. The service provider may slow down peer-to-peer file sharing including bittorrent in order to preserve network performance. During the hours of 16:30 to midnight such traffic may be limited to 1 Mbps downlink and 300 Kbps upstream maximum per subscriber.
25.Problem Resolution – The service provider is committed to resolving service problems to the customer’s satisfaction. View TechNet full Problem Resolution Procedure.
Last modified: March 5, 2018