The Customer recognizes and accepts that the present terms and conditions may be modified by Net For Less at any time in accordance with the present document.
- Definitions. In this document, the following words have the meaning set out beside them:
"Equipment" means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
"Service(s)" means any or all of the Internet access services, phone services, or other services that you subscribe to under the Service Agreement or receive from or through Net For Less;
"We", "us", "our" means Net For Less, is controlled by or is under common control, together with their respective officers, directors, employees and authorized agents.
- General. The Terms of Service set out below reflect the manner in which Net For Less provides the Services to you. We may find it necessary to change the Terms of Service from time to time and will notify you of any material change in these Terms of Service. The notice may be provided to you with or on your monthly statement or by separate notice. Non-material changes to these Terms of Service will appear on the Net For Less website at www.NetForLess.ca by way of updated versions of these Terms of Service. If you do not agree with any changes we make to the Terms of Service, you may cancel the Services by calling our Customer Care Centre.
- Service Period. The initial service period shall be for a term of thirty (30) days and thereafter shall be automatically renewed on a monthly basis unless otherwise indicated or a notice of non-renewal is given by the customer.
- Fees and Charges for Services. You agree to pay in full all amounts billed for Services, including all applicable taxes. All amounts are due on the due date set out in the monthly statement. We will bill you each month in advance for the Services, unless otherwise indicated on the statement. Amounts not paid by the due date are subject to interest. The customer shall pay all applicable fees, charges and taxes relating to the services, including (without being limited to); collect-call and accepting-call charges, fees from 411, 711, etc. and/ or other fees according to the rate in effect at the time of usage. Acceptance of the order is conditional on the payment of the first invoice which includes the activation fees and the first billing period of the chosen services.
- Other Charges. In addition to the monthly amounts due and payable for Services, you agree to pay any activation charges and the following charges, where applicable:
a. Interest: In the event that payment is not received by Net For Less by the due date, you will be charged interest on all overdue amounts at the compound rate of two percent (2%) per month (26.8% per annum) until paid in full.b. Deposit: Net For Less may, in some circumstances, demand the advance payment or a security deposit if the customer has an unsatisfactory payment history and/or if the customer presents an abnormal loss risk due to his financial situation or his use of the services. In the event of a default in payment, Net For Less may require an immediate payment for the amount due by the customer. Any amount due to a customer will be reimbursed within thirty (30) days following a cancellation. Deposits will not accrue interest.c. Returned Payment Fee: In the event that the bank or other institution on which the Customer’s payment is drawn refuses to pay Net For Less for any reason and the cheque, money order, credit card payment, or other instrument is returned to Net For Less without payment, the Customer agrees to pay us a returned payment fee of not more than $25.00.d. Security Deposit: If you deactivate services and/or if we deactivate services in accordance with these Terms of Services you are required to return your equipment within ten (10) days to Net For Less in good working condition, or you will forfeit
your Security Deposit of $50.00.e. Replacement Equipment Non-Return Fee: If Net For Less has replaced your equipment, under Warranty, and you fail to return the defective equipment to Net For Less, at the address indicated when you received your replacement unit, within ten (10) days of the replacement order, your account will be charged a Replacement Equipment Non- Return Fee. Net For Less is not responsible for any equipment which is stolen, lost in transit or which fails to reach the designated return address.
- Changes to Fees and Charges. Net For Less reserves the right to change the amount of any of the fees or charges billed for Services and to impose additional fees and charges for Services, at any time. Net For Less will give you 30 days’ notice of any such changed or additional fees and charges, which notice may be contained with or on your monthly statement or by separate notice and will constitute an amendment to these Terms of Service. YOUR NON- TERMINATION OR CONTINUED USE OF THE SERVICES AFTER YOU ARE NOTIFIED OF THE CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES OR ADDITIONS.
a.Customer acknowledges that Net For Less does not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Services. Net For Less shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services, as more specifically set out in the Schedules.b.The warranties provided in this Agreement are in lieu of all other warranties and conditions. The Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Services.
a.NET FOR LESS’S AND THE THIRD PARTY PROVIDERS’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.b.CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AGAINST NET FOR LESS IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.
- Termination and Default
By Customer. You may terminate any part or all of our Services for any reason at any time by providing us with not less than thirty (30) days advance notice by notifying our Customer Care Centre. You will be responsible for all of the Services charges until the thirty (30) days’ notice period has lapsed or until the Services has been canceled or disconnected, whichever is later. You will still be responsible for payment of all outstanding amounts accrued up to the date of termination. Cancellations must be processed through a Net For Less representative and cannot be initiated online. Please contact a Net For Less representative at 1.855.613.LESS (1.855.613.5377) to cancel your service.
By Net For Less. We may deactivate the Services at any time upon the occurrence of any of the following: (a) you fail to make any payment owing to Net For Less within five (5) days of its due date; (b) a material breach by you of any of these Terms of Service not capable of being cured; (c) you fail to cure any other breach or default of any of these Terms of Service within 10 days after you receive written notice of such default; (d) you assign or attempt to assign any of your rights, duties or obligations under these Terms of Service; or (e) any act of bankruptcy on your part or the commencement of bankruptcy proceedings against you.
- Equipment Returns.
If you decide within 30 days of the activation Date that you want to return the equipment for any reason, you may return it and you will not be charged, but (1) you must notify Net For Less within 30 days of the Activation Date and (2) you must return the equipment in accordance with Net For Less’ equipment return procedures set forth below and Net For Less must receive the equipment in good working order with all original parts, accessories, disks, instruction manuals and related documentation intact within 30 days after your notification to Net For Less. After 30 days from the Activation Date, Net For Less will not accept the return of any equipment other than for warranty reasons.
Modem and ATA (Analog Telephone Adaptor) Equipment Return for Replacement: If the equipment becomes inoperable because of defective materials or workmanship within one year of the ship date, you may return the equipment for replacement by Net For Less. The defective product must be returned in accordance with the return procedures set forth below in order to receive a replacement. If the identical item is not available, we may choose to replace your equipment with one that is similar.
If the equipment becomes defective for any reason more than one year after the ship date, either contact the manufacturer for assistance or contact Net For Less to purchase a replacement. No credits, refunds, or exchanges will be given for equipment that is not returned in accordance with the time periods and processes set forth herein. Call 1.855.613.5377 if you have any questions about the warranty of a modem or ATA.
How to return a modem/ATA purchased from Net For Less: Call Net For Less and we will send you a label with a Return Authorization Number for you to use on the package you are returning. Net For Less will not accept any package without the Return Authorization Number clearly written on the front of the package. To get your Return Authorization Number and Label, please call 1.855.613.5377.
Securely pack the item in its original shipping box or envelope, if possible. Make sure you write the Return Authorization Number clearly on the front of your package. It is important to return your package via an insured shipping method, such as Canada Post, United Parcel Service, Federal Express, etc. You are responsible for the package until it is received at the fulfillment center. The receipt for the insurance is your protection in the event that the package is lost or damaged. You are responsible for paying shipping charges to return the modem or ATA; C.O.D. deliveries will not be accepted.
Return processing usually takes two weeks. Net For Less will make the decision as to the condition of the equipment upon its return and the availability of any replacement, if applicable.
- Questions about Billing. In the event that there is a perceived error in any bill or statement, the Customer may contact Net For Less via telephone at 1.855.613.5377, or in writing at Suite 53, 1205 Avenue Papineau, Montreal, Quebec H2K 4R2 . Any contact in writing should include:
(i). the Customer name and account number;(ii) an explanation of the suspected error; and(iii) any suggestions you may have as to why the problem occurred and how it may be solved. You must contact Net For Less within thirty (30) days of receipt of the bill or statement that contains the alleged error. Any undisputed amounts must be paid by the payment due date to avoid any administrative late charges.
- Collections. In the event that Net For Less chooses to use a collection agency or legal counsel to collect any amounts owing by the Customer or to assert any other right Net For Less may have against the Customer by virtue of these Terms of Service, the Customer agrees to pay the reasonable costs of collection or other action including, but not limited to the costs of the collection agency, reasonable legal fees, and applicable court costs. Customer acknowledges that, in the event of Customers failure to pay amounts owing to Net For Less, Net For Less may notify credit and/or collection agencies of Customer’s non-payment, which may have an adverse effect on the Customer’s ability to obtain credit.
- No Transfer. Neither the Services nor any of the Equipment may be assigned or transferred by you without the prior consent of Net For Less.
- Assignment of Account. Net For Less may sell, assign, or transfer the Customer’s account to a third party without notice to the Customer. In the absence of notice of the transfer, the Customer shall continue to remit all payments to the address listed on the Net For Less billing statement.
- Disclosure. We may disclose the personal information of the client such as the client’s identity and the clients address and phone numbers and related information without the knowledge or consent of the client when
a. we are required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, orb to comply with rules of court relating to the production of records; orc made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that(i). it suspects that the information relates to national security, the defense of Canada or the conduct of international affairs,(ii). the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or(iii). the disclosure is requested for the purpose of administering any law of Canada or a province;
- Applicable Law/Entire Agreement. These Terms of Service shall be governed by the laws of the Province where the Customer’s residence is located, and the laws of Canada, including the applicable rules and regulations of the Canadian Radio-television and Telecommunications Commission. The within terms and conditions are subject to amendment, modification, or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Service and the version online at www.NetForLess.ca, the online version will prevail.
- Change of Information. You agree to notify us promptly of any change in your name, billing address, residential address or telephone number by calling our Customer Care Centre.
- Rights and Remedies. The rights and remedies available to Net For Less in these Terms of Service are cumulative and are in addition to any other right or remedy available to Net For Less at law or in equity.
- DISCLAIMER OF CERTAIN LIABILITIES. IN NO EVENT SHALL NET FOR LESS BE LIABLE FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF NET FOR LESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT NET FOR LESS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT NET FOR LESS’S AND ITS THIRD PARTY PROVIDERS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
1. NET FOR LESS AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY NET FOR LESS IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.2. SECTIONS 8 AND 9 OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
- Arbitration / No Class Action. Any claim or dispute (whether in contract or tort) arising out of or relating to these Terms of Service, the Services, or any oral or written statements or representations relating to the Services or these Terms of Service (collectively a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts) whose decision will be final and binding. Unless prohibited by law, Customer agrees to waive any right Customer may have to commence or participate in any class action suit or proceeding against Net For Less arising out of or relating to any Claim and you also agree to opt out of any class proceedings against us. If you have a Claim you will give written notice to us at the address specified in Section 11. If we have a Claim we will give you notice to arbitrate at your billing address. Any arbitration of a Claim will be pursuant to such rules as you and we agree and failing agreement will be conducted by a single arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.
TERMS & CONDITIONS for INTERNET PHONE SERVICE
(Herein referred to as "The Service")
- VoIP Service-Specific Provisions. THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 ACCESS. PLEASE READ CAREFULLY. You acknowledge and understand that the service or access to the service, including 911 or special needs services may not function correctly, or at all, in the event of the following circumstances:
- If your equipment fails, is not configured correctly or does not meet the Net For Less requirements as outlined in this and other documents
- In the event of a network outage or extended power failure
- In you tamper with or in some cases, move the equipment, or
- Following the suspension or termination of your services or account.
- Description. VoIP Services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network ("VoIP Calls"). The nature of VoIP 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 the VoIP Services, including the lack of traditional 911 services and privacy.
- 911 Service. Because of the unique nature of VoIP Calls, emergency calls to 911 through the VoIP Service (each a "911 Call") will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 Calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP Calls to 911 as described below:
(i)Placing 911 Calls. When you make a 911 Call, the VoIP Service will attempt to automatically route your 911 Call through a third party service provider to the Public Safety Answering Point ("PSAP") corresponding to the address on record with your Account. However, due to the limitations of the VoIP System, your 911 Call may be routed to a different location than that which would be used for traditional 911 dialling. 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 911 call, and you may be required to provide your name, address, and telephone number to the call centre.(ii)How Your Information is Provided. The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator (each a "Dispatcher") with the name, address and telephone number associated with your Account. However, for technical reasons, the Dispatcher may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 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.(iii) 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 your Service Access Device is located, or if your Account information has recently changed, 911 Calls may be misdirected to an incorrect Dispatcher.(iv) Disconnections. You must not disconnect the 911 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.(v) Connection Time. For technical reasons, including network congestion, it is possible that a 911 Call will produce a busy signal or will take longer to connect when compared with traditional calls.(vi) 911 Calls May Not Function. For technical reasons, the functionality of 911 Calls may cease or be curtailed in various circumstances, including:A. Failure of Service or Service Access Device-if your Service Access Device fails or is not configured correctly or if your VoIP Service is not functioning for any reason, including in the event of power outage, 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 Service Access Device before being able to use the VoIP Service, including for 911 Calls;B. Changing Location of Service Access Device-if you move your Service Access Device to a location other than that described in your Account information or otherwise on record with NET FOR LESS; andC Use outside of Canada or the United States-if you move your System Access Device to a location other than the United States or Canada, excluding Alaska, Hawaii, the Northwest Territories, Yukon and Nunavut.(vii) Alternate Services. If you are not comfortable with the limitations of 911 Calls, NET FOR LESS recommends that you terminate the services or consider an alternate means for accessing traditional 911 services.(viii) Inform Other Users. You are responsible for notifying, and you agree to notify, any user of your VoIP Services of the nature and limitations of 911 Calls on the VoIP Services as described herein.(ix) No Liability and Indemnity. You acknowledge and agree that NET FOR LESS will not be liable for any service outage or inability to place 911 calls using your VoIP Service or to access emergency service personnel due to the limitations of 911 service described herein. You further acknowledge and agree that the indemnity provision set out in this document applies to 911 Calls.
- Privacy. You acknowledge that VoIP Calls and VoIP Services utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications, which transmissions may be intercepted by other parties.
- 411 Service. 411 "information" service is available at NET FOR LESS’ current rates as set from time to time in NET FOR LESS’ sole discretion and without notice and available at the NET FOR LESS Web Site.
- 900 and 976 Numbers. VoIP Calls to certain special service phone numbers, including 900- and 976- numbers, may be limited and NET FOR LESS reserves the right to limit your ability to call any such number at its discretion.
- Long Distance Services. Long Distance service, are applicable to VoIP Services.
- Telephone Number Portability. You may be able to transfer an existing telephone number to your VoIP Service or your VoIP Service telephone number to another service provider, provided that your Account is in good standing. However, NET FOR LESS will not be responsible for any termination fees imposed by any other service provider as a result of you transferring or instructing NET FOR LESS to transfer your existing number to the Services. NET FOR LESS cannot guarantee or warrant the timeliness or date of any transfer, nor can it guarantee that you will be able to transfer your number.
- Directory Services NET FOR LESS will make your name, address and telephone numbers available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with legal, contractual or regulatory requirements.
- Limit on Usage Patterns. Even for unlimited calling plans, NET FOR LESS, in its sole discretion, reserves the right to terminate, curtail or suspend your VoIP Services if your calling patterns materially exceed NET FOR LESS’ average customer calling patterns under similar plans or if you breach any part of this Agreement.
- Bandwidth Usage. VoIP calls require high-speed Internet bandwidth, which may affect throughput over any High Speed Services and will count towards your bandwidth usage for all High Speed Services.
- Specific Prohibitions. You are prohibited from using any VoIP Services for: (i) automatic-dialling announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (ii) non-residential use or operating a business, including home-based businesses and call centres; (iii) long-distance calls made using call forwarding and three-way calling features; (iv) multi-party conference or party lines; or (iv) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialling, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting.
- Long-Distance Call-Specific Provisions. Rates and Fees. Some of the Services include the ability for you to place long-distance telephone calls. By dialling or placing a long-distance telephone call, you agree to pay NET FOR LESS’ then-current rates and fees for such calls. NET FOR LESS will make its rates and fees for long-distance telephone calls available on its website at http://www.NetForLess.com. NET FOR LESS may, in its sole discretion, change such rates and fees upon at least 30 days prior notice posted at such website.
- Unlimited Long-Distance Plan Limitations and Prohibitions. Even for unlimited long-distance plans, NET FOR LESS, in its sole discretion, reserves the right to terminate, curtail or suspend your long-distance telephone Services if your calling patterns materially exceed NET FOR LESS’ average customer calling patterns under similar plans or if you breach any part of this Agreement. Furthermore, you are prohibited from using unlimited long-distance Services or plans for: (a) automatic-dialling announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (b) non-residential use or operating a business, including home-based businesses and call centres; (c) long-distance calls made using call forwarding and three-way calling features; (d) multi-party conference or party lines; or (e) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialling, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting.
- Telephone Listings and Directories. We will make your name, address and telephone numbers available to the publishers of paper and electronic telephone directories and to providers of operator services in accordance with legal and regulatory requirements. However subject to the 911 service provider exception described herein, you may opt to have your name, address and telephone number listing and information omitted from these directories or services by requesting, and paying for, an unlisted phone number. These directories or services, however, may receive or obtain telephone numbers and address from a source other than Net For Less. Furthermore, your name, address and telephone number will be accessible by 911 service providers, even if you requested and paid for an unlisted phone number. We will not be liable to you or to a third party for any error, inclusion or omission with respect to any telephone listings or directories.