This agreement sets out the terms and conditions for ADSL, Cable and ADSL2+ Internet and VOIP services (hereinafter the “Service”) provided to a subscriber (hereinafter the “User”) by Colba Net Inc. (hereinafter the "Provider"). The use of this subscription form or the use of the Service shall constitute acceptance of the terms and conditions stipulated below. The Provider may amend the terms and conditions on 30 days notice.
The User shall be exclusively responsible for any access to the Service from his account. The Service shall only be used for lawful purposes. The transmission or distribution of any material in violation of the laws of Canada, the laws of Quebec or international laws is strictly prohibited. This includes, but is not limited to, material protected by copyright, material that is deemed abusive or obscene, any material protected by privacy legislation, and all forms of threatening electronic communication. The distribution of such material in written, graphic or any other form without the express permission of the relevant authorities is illegal and may lead to criminal proceedings. In particular, the exchange or distribution of “pirated” software shall result in the closure of the account without notice, and criminal proceedings where applicable. Should such a situation arise, the Provider will give the authorities all relevant information to facilitate legal proceedings. The User shall bear full responsibility for determining whether any software is in the public domain. Any unlawful attempt to infiltrate the Provider’s system or any other system is prohibited. The intentional propagation of any computer viruses or destructive programs on the Provider’s system or any other system is prohibited and may lead to criminal proceedings, in addition to civil proceedings for damages. All such offences and faults by the User shall result in immediate termination of the Service without notice. The User shall not open more than one connection at a time. The User shall not share the Service or allow anyone else to use it.
3. Connection speed.
For ADSL2+ customers, speed depends on how far their residence is from the Bell telephone exchange posted on our Web site. Thus, the farther the customer is from the exchange, the slower the speed will be. The speed quoted by our representatives is only an indication and is based on the speed experienced by existing customers located near the User. Accordingly, the Provider cannot guarantee a specific speed.
4. Technical support and customer’s equipment.
The Provider offers telephone support seven (7) days a week for problems directly related to Internet access, excluding the equipment for which the User is responsible. It is up to the User to make sure that his equipment meets the minimum Service requirements and that it is in good operating condition. The malfunctions most often encountered for which Users are responsible are: (i) viruses, which can affect your computer’s performance, (ii) a poorly configured router, (iii) waves emitted by external electronic devices that interfere with wireless access, etc. Accordingly, in the event of such a malfunction, the User should check the operation of his computer equipment. In addition, the Provider cannot provide technical support for a router that it did not supply, since there are hundreds of models of routers and it is next to impossible to assist a customer over the phone without seeing or knowing the interface. The Provider guarantees Internet access up to the demarcation point, which is generally located outside the building. From the demarcation point, the User is responsible for the proper operating condition of the interior wiring. The Provider disclaims any liability for the User’s equipment and interior wiring.
5. Charges for Bell and/or Videotron technician.
In the case of a Service problem, the User shall immediately notify the Provider and describe the problem. The User shall ensure that his equipment and/or interior wiring is not defective. If the problem cannot be solved over the phone, the Provider will despatch a technician, subject to prepayment of a charge of $87.70 plus taxes, which shall immediately be refunded if the User is not responsible for the problem. The said $87.70 charge is ColbaNet's, Bell’s and/or Videotron fee for the technician’s travel costs where the User is responsible for the problem.
6. Cancellation and refund policy.
Once the Service has been activated, you may cancel by sending 30 days’ notice to email@example.com. For a fixed-term contract, the User shall pay a penalty equal to 10% of the residual value of the contract. For business contracts of one year or more, the customer may cancel by paying a penalty equal to 50% of the residual value of the contract.
7. Rate changes.
The cost of the Service may be increased from time to time on 30 days’ notice.
8. Terms of payment.
After the initial subscription, invoices can be paid on our Web site (http://www.colba.net/) under the customer tab, using a credit card. The User can also mail a cheque or pay in cash by visiting our offices during business hours. The User acknowledges that payment is made in advance. Any credit card payment that is refused or any cheque that is returned shall be subject to a $20 administration fee. Failure to pay the charges and monthly fees by the due date may lead to immediate suspension of Service. A $20 administration fee shall also be charged for any request to change the User name or to transfer responsibility to another person.
9. No resale or distribution.
The Service shall not be resold or redistributed or used for anything but private purposes. Any breach of the foregoing shall entail cancellation of the User’s subscription.
10. Security and confidentiality.
It is essential that the User properly protect his computer system from theft, unauthorized use and corruption. Viruses can seriously affect use and can cause major incidental damage. It is therefore recommended that the Service not be used to transmit confidential information. The Provider can neither assure nor guarantee confidentiality and shall not be liable for corrupt files or related damage.
11. Transmission limits.
For ADSL Service, data transfer is limited to 300 GB per month. Every additional 300 GB of data shall be subject to a $10 surcharge, payable in advance. Unlimited data transfer means 1024 GB. For the residential cable service, there is an additional charge of $0.35 per GB if you exceed your limit, up to a maximum of $50.00 monthly. For the business cable service, there is an additional charge of $0.35 per GB if you exceed your limit, up to a maximum of $100.00 monthly.
12. No guarantee of Service.
The Provider only owes the User an obligation of means and shall not be responsible for, without limitation, any decrease in service, outages, service interruptions, or loss of data or content, provided the foregoing are not due to the Provider’s gross fault or negligence. Similarly, since the Provider only offers a data transmission service, the User shall be responsible for protecting his information, the Provider not being liable for any unauthorized access to its own or the User’s facilities.
Limitation of liability.
Notwithstanding the foregoing, the Provider’s liability shall in any event be limited to the value of one month of Service.