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GENERAL TERMS and AGREEMENT OF SERVICE
The following terms and conditions of service (the “Terms”) between Canquest Communications (Online) Inc. (“we,” “us” or “Canquest”) and the user (“you,” “user” or “Customer”) of Canquest’s High Speed Internet, home phone, satellite TV and any related products or services (“Service”). This agreement governs your use of the Services residential purposes only. If there is any inconsistency between these terms and other documents describing the Canquest plans, features, services or products, these Terms will prevail.

The Services are categorized as follows, which are covered by this agreement:

“Term Services” are Services that you subscribe to for a committed period of time as indicated on your applicable service agreement (“Term”);

“Month-to-Month Services” are Services that you subscribe to on an on-going basis, but not with a Term; and

“Add-On Services” are those Services that you use on top of your regular internet services.

1. SERVICES

1.1 VoIP (Voice over IP) Home phone services

1.1.1 Non-Availability of Traditional 911 or VoIP 9-1-1 Dialing Service

CANQUEST offers on its VoIP phone service a form of 911 Dialing service (911 Dialing) that is similar to traditional 911 (911) service but has some important differences and limitations when compared with enhanced 911 Dialing service (VoIP 9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 911 and VoIP 9-1-1 Dialing service, your call is sent directly to the nearest emergency response centre. In addition, with traditional 911 dialing service, your callback number and address are visible to the emergency response centre operator. With VoIP Phone’s 911 Dialing service, your call is sent to a national emergency call centre. The emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. The call centre operator will confirm your location and then transfer your 911 call to the emergency response centre nearest to your location. You hereby authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers. CANQUEST agrees to inform any user and potential users of the service the nature and limitations of the provided 911 service.

1.1.2 Registration of Physical Location Required

For each phone line that you utilize with the Service, you must register the physical address of where you will be using the Service with CANQUEST. Your initial address will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Service to another address, you must update your location. If you do not update your location, any 911 calls you make may be sent to an emergency centre near your old address. You may update a location by logging on to your online account or contact our 24/7 support centers. For purposes of 911 Dialing, you may only register one location at a time for each phone line. Regardless of what address you register for a portable device (such as Wi-Fi, CANQUEST V-Phone or Soft Phone), emergency calls you make from these devices will be routed to the CANQUEST national emergency response centre.

1.1.3 Home Phone Service Outages

1.1.3.1 Service Outages Due to Power Failure or Disruption

911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to restart the Device before you use the Service, including 911 Dialing.

1.1.3.2 Service Outages

Service Outage Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider (“ISP”) Service or Broadband Provider Blocking of Ports or Other Acts. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. You acknowledge that CANQUEST is not responsible for the Internet Outage or Suspension or Disconnection of Broadband Service, and any loss of Service, including 911 Dialing. You will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.

1.1.3.3 Service Outage Due to Disconnection of Your CANQUEST Account

Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.

1.1.3.4 Other Service Outages

If there is a Service outage for any reason, it will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described in this Agreement.

1.1.4 Network Congestion

Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

1.1.5 Disclaimer of Liability and Indemnification

We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event, in which third party data used to route calls is incorrect or yields an erroneous result. Neither CANQUEST nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless CANQUEST, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection to the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

1.1.6 Alternate 911 Arrangements

If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or VoIP 9-1-1 services or disconnect the Service.

1.1.7 Unlimited calling

CANQUEST may provide unlimited calling plan from time to time, however, unlimited calling plans have a maximum cap to prevent malicious use of CANQUEST service. When abnormal or malicious usage is detected, CANQUEST may suspend the service without notice.

1.1.8 9-8-8 Suicide Crisis Helpline

9-8-8 Suicide Crisis Helpline is a new three-digit helpline that provides urgent, live support by phone and text to people in every province and territory across the country. 9-8-8 is available in English and French, 24 hours a day, every single day of the year across the country. 9-8-8 is for anyone thinking about suicide, or worried someone they know. Trained 9-8-8 responders will answer calls and texts and listen without judgement while providing support.

1.2 High speed internet Service

1.2.1 Definition

CANQUEST high speed internet includes but is not limited to: local loops rented from third parties such as DSL (Digital Subscriber Loop)and Cable.

1.2.2 New Installation

Because of the complexity of CANQUEST’s network, the last mile of the local loop may be rented from underlying carriers and a 3rd party contractor may be required to perform any installation on-site. The installation timeframe confirmed during ordering procedure is only tentative and may subject to change without notice. Also, the 3rdparty contractor may not enter the premise and is not responsible for connecting equipment per tariffed agreement with the underlying provider. CANQUEST cannot guarantee the installation is fault free and always on time, but CANQUEST is responsible for taking care of any issues, which may occur during the installation procedure.

1.2.3 Best Effort

CANQUEST residential internet service is delivered to the end user at best effort and up to maximum speeds allowed.

1.2.4 Maximum Internet speed

When a customer is ordering CANQUEST internet service, the service fee is linked to a maximum speed allowed. Once customer’s aggregated speed from home is approaching the maximum speed, the data packets may be dropped or buffered. Therefore, we recommend the customer to select the highest speed tier affordable based on the daily usage in peak hours at night.

Per industry standard for residential internet in Canada, the maximum speed refers to the maximum speed customer’s internet can reach via a wired connection. We cannot guarantee the maximum speed for residential internet as it is described as “Best Effort” and “Up to” in non-peak hours. We cannot guarantee desired speed over a Wi-Fi network and we cannot guarantee that the maximum speed is available any time of day, especially during peak hours.

CANQUEST is always trying to provide the highest speed as possible by continuously upgrading CANQUEST’s network and equipment. However, we cannot guarantee the maximum internet speed as it is related to many factors such as distance from CO to customer’s site, customer’s home network condition, network equipment such as Wi-Fi router, time of the day, physical condition of the line, etc.

To measure the speed properly, it is recommended to connect one computer to the modem directly using a wired cable. Stop all downloads, P2P software, windows updates, videos, etc. Go on www.speedtest.net and select a test server from a major provider in your province, eg: Toronto Cogeco server for Ontario customers and Montreal Videotron server for Quebec Cable customers.

1.2.5 Unlimited downloading

CANQUEST may provide unlimited internet usage for upload/download with or without conditions, which is based on residential customer’s normal usage. If abnormal usages or malicious activities are detected which endangers CANQUEST’s network, CANQUEST may suspend customer’s service or limit the speed without notice in advance. CANQUEST’s unlimited internet downloading policy is also affected by CRTC rules and decisions, government laws, and provider’s policy, which, if subject to change, will be passed on to customers by CANQUEST via email at least 30 days in advance. Although CANQUEST customers have access to unlimited downloading, the customer’s maximum usage/downloads depends on the maximum speed customer has ordered.

1.2.6 Copyright and legal issues

Following the Canadian regulations under notice and notice regime, CANQUEST is required to forward the copyright infringement emails received to the end user identified by IP address and specified period. At the same time, CANQUEST will notify the sender by confirming the email has been forwarded without passing end user information. By forwarding the email, this doesn’t mean CANQUEST has verified the information in the email from the sender to be accurate or not. The end user needs to determine what to do with the notice based on one’s own knowledge. CANQUEST will not pass the end user information to any third party unless CANQUEST receives a court order.

For more information about notices and notice regime, please visit http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html .

If other activities abusing CANQUEST’s residential Internet service are detected or reported, CANQUEST may suspend the service with or without further notice.

1.2.7 Internet Traffic Management policy

The purpose of CANQUEST’s traffic management policy is to improve customers’ experience and is usually applied in two scenarios in peak hours only:

a) Network congestion due to emergency circumstances such as network failure, fiber cut, extreme weather or special events; or
b) Customers’ activities that may restrict or affect other customers’ use of the service or CANQUEST’s ability to deliver the service
CANQUEST deploys this traffic management measure so that all CANQUEST Internet customers receive fair access to the Internet, during periods of significant network congestion resulting from emergency or extreme circumstances, or a customer’s disproportionate use of the network. Thin turn will help to ensure that all our customers can enjoy a consistent and reliable online experience and preserves the integrity of our network.

This objective is especially important in times of a public emergency that results in greater demands on our network. During such periods, keeping our customers connected to their families, friends and co- workers – and to critical information and services – is essential.

CANQUEST Internet Traffic Management Policy is based on the CRTC transparency rule. In the east coast (Ontario and Quebec), we are slowing down non-real time file transfer protocols including, but not limited to, using Bit Torrent protocols in peak hours from 6:30pm to 10:30pm EST (tentative time only – actual times may vary based on the network status without notice). All other real-time applications like online Video, IPTV, gaming, music streaming, web browsing etc. are NOT affected.

If there is any general change for CANQUEST ITMP practice, a 30 days notice in advance will be given by email.

CANQUEST reserves the rights of implementing ITMP to restrict the customer’s speeds without notice in advance only when there is serious network congestion caused by outage, extreme weather, etc.

The personal information CANQUEST collects for the purpose of managing Internet traffic is not used for any other purpose and is not disclosed. For current CANQUEST ITMP practice, please check our FAQ online available on www.Canquesttel.com.

2.0 SERVICE AGREEMENT

2.1 Service Term

Service is paid for on a recurring basis for a term that begins on the date that CANQUEST activates the service and ends on the last day of the billing term (“Service Term”). After the expiration of the term, the service billing is automatically changed on a month to month basis unless replaced by another term upon customer’s request.

2.2 Residential Use of Service and Device

If you subscribe to CANQUEST’s residential services, the service and the device are provided to you solely for residential use. You shall not resell or transfer the service or the device to another party without our prior written consent. You are prohibited from using the service or the device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your service if we determine, in our sole and absolute discretion, that your use of the service or the device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.

2.3 Charges

When the service is activated, the subscriber is responsible for providing us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. Subscriber is responsible for paying all charges, including long distance charges plus all applicable taxes thereon, for the services subscribed from CANQUEST, the calls made via subscriber’s telephones or telecommunications systems or the calls made using any number or authorization access code assigned to subscriber; you also agree to make all your payments by pre-authorized credit card payment with the card number you gave CANQUEST during the activation process unless you have given written notice to stop the pre-authorized credit card payment.

2.3.1 Invoicing

CANQUEST will provide customers with a monthly online invoice for services and send the bill/invoice to customers by email within 5 days from the generated invoice date. For new registered customers, the 1st bill will include previous month’s monthly fee and variable charges such as long distance charge, internet usage and pay per view etc., calculated by days from the day the customer subscribes plus current month’s monthly charge. For old customers, it includes previous month’s variable charges plus current month’s monthly charge.

Due to non-availability of an e-mail address CANQUEST will not be able to deliver the invoices or any other important communication and under no circumstances shall CANQUEST be liable for any damages, including but not limited to, loss of profits, as a result of or caused directly or indirectly by, any act or omission or negligence or intentional act of, CANQUEST, its officers, directors, employees, contractors or those for whom CANQUEST is responsible.

2.3.2 Unlimited Calling

CANQUEST Home Phone Service provides unlimited local calling to all Canada and US except some areas such as 1-867 or special numbers such as area code +555-XXXX or some special service numbers such as 1-900 numbers.

2.3.3 Paper bill processing fee

All CANQUEST customers invoices are emailed. Upon customer request forpaper billing, a $10.00 monthly charge per invoicewill be applied to mail it in Canada. Canquest does not mail invoices outside of Canada.

2.3.4 Late Payment and Non-Payment

If any charges for services are due but unpaid for any reason including, without limitation, non-payment or declined credit card charges, CANQUEST may suspend or terminate the services, and all accrued charges shall be due immediately and payable, to include an administration fee of $20.00 or the maximum amount allowed by law. Neither suspension nor termination shall relieve customer from the obligation to pay all amounts owing under this Agreement.

2.3.5 Billing Disputes

Customer must dispute any charges for the services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that customer’s failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

2.3.6 Taxes

Prices, fees and rates for service do not include customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes, which are applicable, shall be paid by the customer and will be added to any amounts otherwise owing by customer under the Agreement.

2.3.7 Activation, processing fee, shipping and handling fee

This would cover the cost of service activation, processing, shipping and handling costs etc. and it is non-refundable once order is processed.

2.3.8 Equipment charge

To use the CANQUEST services, all CANQUEST customers would need hardware equipment at customer’s site (Referred to as CPE) and CO side. CANQUEST might sell or rent the CPE to the customers.

All equipment sold by CANQUEST are non-returnable if over 30 days from shipping date. If returned within 30 days, the charge minus restocking fee will be refunded. Customers must return faulty units to CANQUEST and upon further inspection if requested, if CANQUEST deems the fault to be caused by the customer, CANQUEST will charge the customer for the costs of replacing the units including hardware cost and shipping/handling fees.

2.3.9 Configuration charge

If a customer uses own equipment, there might be a charge for configuring the device.

2.3.10 Installation charge

CANQUEST usually charges a activation fee which covers the standard installation/setup required for starting to use CANQUEST’s service, therefore no extra installation charge would be required with the exception of satellite television installation. However, if customer requests non-standard installation or setup, an installation charge will be applied based on the distance, hours and material needed.

2.3.11 Deposit

For some products and service plans, CANQUEST might charge 1-month deposit which will be applied to customer last invoice upon cancellation. No interests will be applied to the deposit.

2.3.12 On-Site Service Fees

CANQUEST Tech Support Department has its troubleshooting procedure to help customers investigate and solve customer issues more efficiently. However if a customer, due to personal reasons, requests CANQUEST on-site tech to visit, which is not within CANQUEST’s free services category, a minimum on-site service fee of $90.00 will be charged based on the distance, hours and materials required. CANQUEST has the sole decision to decide whether the visit is free or not. The following visits will be charged: 1) Request to replace defective modem 2) Request to connect customer equipment 3) Request to configure customer own router/computers 4) For issues customer reported but is identified due to customer own reason or not able to duplicate the issue.

2.3.13 DMC charge

DMC charge refers to Diagnostic Maintenance Charges which major ILEC and cable companies got approved in CRTC tariff. Once we open troubleshooting tickets to our last mile providers such as Bell/Rogers/Telus/Cogeco/Videotron/Shaw etc. and if the issue is not found or it is identified due to customer’s own issue, a DMC charge will be billed to CANQUEST. We will investigate the DMC and will pass the charge to the customer if it is proven to be customer’s own issue.

2.3.14 NSF charge and credit card charge back

All dishonored pre-authorized bank payment will be subject to a $35.00 administration fee.

All pre-authorized credit card payments with expired credit cards and /or declined payments will be subject to a $20.00 administration fee.

2.3.15 Rate and price change

Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) and other regulatory bodies with jurisdiction over CANQUEST or CANQUEST services, may have a direct impact on limitation of service and costs of CANQUEST services. As such, the cited prices and services CANQUEST offers on the initial terms will be adjusted to reflect the change. CANQUEST will try its best to inform customer in advance should there be a need for such change. CANQUEST is not liable for any changes should it interrupt or make CANQUEST fail to provide the service to customer as stated in the initial terms. For any such change, customers will be given at least 30 days notice in advance.

2.3.16 Billing error

CANQUEST reserves the right to correct any error in billing for period of time up to 12 months and apply the appropriate charges retroactively.

2.3.17 Refund

Any refund if applicable, will be completed within 4-6 weeks from the date we receive returned customer equipment or the date of requesting service cancellation if no equipment return is required. If the customer payment is made using a credit card, then by default the refund would be transferred back to the same credit card. For other payment methods, it will be by cheque and sent by regular mail.

2.3.18 Long Distance

International long-distance rates, discounts, and the availability of calling exchanges are contingent on the services offered by foreign telecommunications companies.

Please be aware that International Long Distance rates are subject to change without prior notification. When it comes to international calls, the minimum chargeable duration is 60 seconds, and the minimum increment for billing is also 60 seconds.

2.4 Credit and Security Deposits

CANQUEST reserves the right to examine subscriber’s credit record before activating the services. Should CANQUEST at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the services to subscriber. CANQUEST will determine, at its discretion, how subscriber’s deposit or other security will be allocated to satisfy outstanding amounts owed by subscriber to CANQUEST. By subscribing to the Services, subscriber authorizes CANQUEST to investigate subscriber’s credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as CANQUEST may reasonably request for this purpose. All deposits or other prepayments made by a subscriber in connection with the Services will earn no interest.

2.4.1 Deposit

For some product and service plans, CANQUEST might charge a deposit, which will be refunded upon cancellation or released to customer account after a period specified on customer’s initial order. No interests will be applied to the deposit.

2.4.2 Credit check

CANQUEST may obtain customer authorization to conduct a credit check when customer is ordering services from CANQUEST. Based on the credit history, CANQUEST has sole decision to determine if any security deposit is required for monthly service and/or hardware. CANQUEST will not disclose the result of credit check to any third party or use it for any other purpose.

2.4.3 Service Deposit

CANQUEST may ask for a service security deposit if CANQUEST is not satisfied with customer’s credit history. The Service security deposit will be kept for a minimum of 2 years without interests and it will be returned to customer either: 1) upon service cancellation, where it will be released to customer’s account and applied to any unpaid invoice charges 2) Upon customer request after two years, if customer has good payment history with CANQUEST.

2.4.4 Hardware deposit

CANQUEST may ask for a hardware security deposit for some specific hardware and the deposit will be held without interest. The hardware deposit will be kept for a minimum of 2 years without interest and it will be returned to customer either: 1) upon service cancellation, where it will be released to customer’s account and applied to any unpaid invoice charges 2) Upon customer request after two years, if customer has good payment history with CANQUEST.

2.5 Contract

Contracts with a monthly Rate/Fee Guarantee. CANQUEST services are sold on the following basis and may be applied to early cancellation fees.

2.5.1 Contract

Contract: The term of a contract shall also serve as a monthly rate guarantee to the Subscriber whereby the monthly service fee cannot be increased by CANQUEST for the entire contract period. During the term of the contract, the customer should not make any changes to the service including service address, speed changes, adding/removing service or terminating service etc., otherwise early cancellation fee up to the total amount of the remaining months might be charged.

2.5.2 No Contract

Subscriber may cancel service without early cancellation fees. CANQUEST may increase rates at any time by providing Subscriber with 30 days’ notification.

2.6 Services Interruption

2.6.1 Service Interruption for maintenance

CANQUEST may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other reasons as may be required. CANQUEST telecommunications service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that CANQUEST VoIP service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and the likes (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.

2.6.2 CANQUEST is not liable for

2.6.2.1 Third Party Omission

Any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);

2.6.2.2 Subscriber Conduct

Subscriber’s conduct, acts or omissions, or the operation or failure of Subscriber’s equipment or facilities;

2.6.2.3 Event out of CANQUEST control

Any event beyond the reasonable control of CANQUEST including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and

2.6.2.4 Charges by third party

Any charges by third parties including other telephone companies or wireless carriers for services. Subscriber agrees to indemnify and hold harmless CANQUEST against all claims, including fees and expenses of counsel, resulting from Subscriber’s use (or the use by others with Subscriber’s explicit or implicit consent) of the Services, Subscriber’s codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.

2.6.2.5 Maximum Liability

In general, CANQUEST maximum liability is only limited to the monthly service fee we charge during the period where service was interrupted or was unable to be provided due to reasons not covered in this agreement.

2.7 Disconnection of Services

Disconnection and Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. CANQUEST will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

2.8 Suspension or Termination of Services by CANQUEST

2.8.1 Service Suspension

Without incurring any liability whatsoever, CANQUEST may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:

2.8.1.1 Failure to pay account charges

Fails to pay an account that is past due, or provides payment by credit card which is not honored by Subscriber’s bank;

2.8.1.2 Failure to maintain deposit

Fails to provide or maintain a reasonable deposit or alternate security when requested to do so by CANQUEST;

2.8.1.3 Failure to meet CANQUEST credit requirements

Fails to meet CANQUEST’s credit requirement or Subscriber becomes bankrupt or otherwise insolvent;

2.8.1.4 Failure to comply with terms

Fails to comply with the terms of a deferred payment or credit agreement with CANQUEST;

2.8.1.5 Use of services contrary to law

Uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassive, threatening, abusive, annoying or offensive calls;

2.8.1.6 Charge others for use of CANQUEST services

Charges or allow others to charge any other person for the use of the Services without CANQUEST’s prior written agreement;

2.8.1.7 Harassment

Harasses, threatens or otherwise acts unreasonably towards CANQUEST, its employees or agents, or in relation to the Services;

2.8.1.8 Interference with CANQUEST facilities

Alters or otherwise interferes with CANQUEST’s facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or CANQUEST’s equipment, facilities or network; or

2.8.1.9 Resale of CANQUEST services

Uses or permits others to use the Services for reselling purposes

2.8.1.10 Abuses the network with excessive usage as may be determined by CANQUEST. Excessive usage shall be determined solely by CANQUEST.

2.8.1.11 Use of CANQUEST services for commercial purposes

Uses or permits others to use the service for commercial or business use.

2.8.2 Reconnection Fee

A suspension or termination will not affect a Subscriber’s obligation to pay any amounts owed to CANQUEST either during or after the suspension or termination. If termination occurs during a term period, Subscriber will be charged for all usage plus the term obligations. Should reactivation of services be required, CANQUEST will charge a reasonable reconnection fee.

2.8.3 Credit Refund

Where the Services are cancelled, either by Subscriber or by CANQUEST as provided herein, and there is an undisputed credit balance on Subscriber’s account, Subscriber may require that it be refunded to Subscriber and CANQUEST reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.9 Right to Cancel CANQUEST Services

Subscriber’s Right to terminate services and early cancellation: For any cancellation request, customer can contact our customer care by phone and provide the requested disconnection date. Note that after the first 30 days warranty period, for plans on a contract, early cancellation fees will apply if cancelled before the contract end date. For phone service cancellation, if customer wants to transfer the number, the service disconnection date would be the date the number is ported away.

2.9.1 Contract Terms

The subscriber is responsible for early cancellation fee of their term period. Early cancellation fee shall be applied according to the contract terms specified in the plan description area in the printed order we ship to the customer with hardware prior to activation. The contract start date shall be the date that the Subscriber enrolled for CANQUEST Services. Once the term expires, it is automatically renewed to month to month basis unless requested by customer.

2.9.2 No-Contract

Customers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition, the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date.

2.10 No Directory Listing or 411 Service. Unless requested by customer not to, your phone numbers you obtain from us or carryover from another provider will be listed in any telephone directories or 411 listing.

2.11 Incompatibility with Other Services

2.11.1 Apartment Buzzer Number

You acknowledge that the Service presently may not be compatible with some apartment buzzer number service, and there may be other services with which the Service may be determined to be incompatible.

2.12 Customer Service

We offer varying types and levels of customer service depending on a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the “FAQ” section on our website located at www.canquest.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

3. PAYMENT, REFUND AND COLLECTION

3.1 Payment

Your subscription to the Service authorizes us to collect service fees from your payment method. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.

3.2 Collection

If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees. Collection cost will be 50% of the amount of the unpaid invoice.

3.3 Notices

You understand that CANQUEST sends billing online by email every month. You agree to waive your rights to receive any notification from CANQUEST regarding the amount that CANQUEST will debit from your account. CANQUEST may send you messages about your billing from time to time, but CANQUEST is not obligated to do so. CANQUEST may change or cease its messages at any time without any notice to you.

3.4 Service Cancellation

To request service cancellation Customer must:

a) Call CANQUESTsupport phone number.
b) Mail the Equipment (if applicable) to CANQUESTwithin seven (7) days from the service disconnection date; The equipment must be in its original condition including, all packing materials, without damage on interface, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. If CANQUEST does not receive the returned Equipment within thirty (30) days after the termination day, customer will be chargeda minimum equipment non-return fee of $75.00.
c) If a customer has rented equipment, Canquest will pay the return shipping and handling fee, for all other CANQUEST equipment, customer is responsible to pay the shipping and handling fees.
d) Customer can not request cancellation if CANQUEST opened a troubleshooting ticket to our local providers such as Bell/Rogers, otherwise a DMC charge $90.00 + tax will be applied to the customer account. Customer can request cancellation after the issue is fixed.
3.3.2 Equipment warranty

Equipment refers to the boxes (CPE) required at customer site so that CANQUEST can provide service to customer. From time to time, there are two different options for CANQUEST to provide CPE to the customers: Rental or Purchased.

Rental: All rentedequipmentis covered under warranty as long as the customer is paying their monthly subscription and equipment rental fee.

Purchased: Those boxes are sold to the customers at the original or discounted price.

Warranty: CANQUEST provides manufacturer one (1) year warranty on all new equipment. If the equipment is deemed defective or damaged, CANQUEST will replace the equipment free of charge within the one (1) year warranty period. If the equipment is damaged due to man-made reasons, for e.g., due to using wrong power adaptor, pouring water into the box, physical damage etc., the equipment will not be covered under warranty. Upon the service cancellation, CANQUEST is not responsible for any liabilities of the CPE from the date of service termination.

3.3.3 CANQUEST hardware warranty and support policy

3.3.3.1 CANQUEST Hardware Usage

All hardware customers obtain, either rented or purchased from CANQUEST, is developed/designed for the purpose of using CANQUEST services only.

For any purchased device(s) from CANQUEST, we will not accept returns and no refund will be provided after 30 days from the purchase date. Customer should keep these device(s) upon cancellation of services.

For any device(s) rented from CANQUEST, Customer will need to return them by default within 7 days from service disconnection date upon cancellation of services, otherwise a full purchase price will be applied.

If any replacement device(s) has been sent to the customer for any reason either rented or purchased during the service period, such replacement device(s) should always be returned upon cancellation.

3.3.3.2 Loss of Warranty

Once the customer’s service is disconnected, the customer will automatically lose warranty on the hardware from CANQUEST.

3.3.3.3 Third Party Equipment

CANQUEST has no obligation to guarantee that any CANQUEST equipment shall work with any third party’s service;

3.3.3.4 Support for third party Equipment

CANQUEST will not provide any support to the hardware including changing configuration, firmware upgrading, repairing, exchanging etc. after CANQUEST service is cancelled.

3.3.3.5 No liability for third party equipment

CANQUEST has no liability for any issue or failure caused by that equipment.

3.4 Marketing Promotion terms

3.4.1 Free or discounted Hardware

Hardware free rental promotion. CANQUEST might give hardware with free rental to customers so that customers can use our services. Those promotional equipment (the “Equipment”) might not be exactly the same as the pictures shown in the advertisement and might have different models as well. CANQUEST reserves the right of final explanation and decision of which type of equipment to give. The equipment might be either new or refurbished, and are tested and guaranteed to be working. But the equipment is not guaranteed to be new from original manufactures. That equipment has the CANQUEST standard hardware life time warranty if the equipment damage is not due to man-made reasons (such as fire, broken due to wrong power adaptor, physical damage, and pouring water etc.). If cancellation of CANQUEST service is made over 30 days from activation, these free rented equipment should be returned to CANQUEST to avoid additional charge, or customer can purchase them at discounted price if agreed and approved by CANQUEST.

3.4.2 One Time Fee Discount

CANQUEST might give discount to or waive one time charges such as Processing Fee, Activation Fee, Shipping and Handling Fee and Hardware Purchasing Fee etc. at intervals for the purpose of promotion. For the part of the one time charges which was discounted or waived, if customers cancel the service within 30 days, the discounted or waived portion will be charged back to the original level. If customers cancel the service after 30 days from the service activation, there would be no charge back for the one time fee discount.

3.4.3 Service Fee Discount

Service Fee Discount: CANQUEST might give new customers monthly service fee discounts from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years, etc. The monthly service fee discount will be stopped automatically at the maturity of the pre-stated terms and the monthly fee will revert back to the original price. We will not renew any of the discounts on our own initiative nor choose any service plans other than the corresponding standard service plans for customers. It is the customer’s responsibility to contact us before the expiration date of the discount promotion and select a new service plan available at that time which can better serve customer’s needs. If customers cancel the service within 1 year, previously discounted service fee will be charged back to make the previous monthly service fee be back to the original price.

3.4.4 Long Distance Package Discount

CANQUEST might give new customers free long distance packages from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years etc. The long distance package discount will be stopped automatically at the maturity of the pre-stated terms and the long distance package will revert back to the original price. We will not renew any of the discounts on our own initiative nor choose any long distance packages other than the corresponding standard long distance packages for customers. It is the customer’s responsibility to contact us before the expiration date of the discount promotion and to select a new long distance package available at that time which can better serve customer’s needs or choose to remove the long distance package. If customers cancel the service within 1 year, previously discounted long distance package fees will be charged back to make the previous long distance package fee be back to the original price.

3.4.5 Free Prize

CANQUEST might give customers third party products such as TVs, IPADs etc. as free prizes for promotional lucky draws. There is no obligation for customers to keep using CANQUEST services in order to maintain the ownership of the free prizes as long as the conditions are valid. CANQUEST is not providing any warranty or support to those third party products. Customers need to get support from the manufacturers directly.

3.4.6 Referral Program

To show appreciation to loyal CANQUEST customers who recommend CANQUEST to their friends, CANQUEST might give eligible referrals, certain gifts or service discounts as referral bonus according to different promotions. The following terms and conditions apply: The referral bonus only applies to active CANQUEST customers who recommend New Active CANQUEST Internet customers; referral bonus for each valid recommendation; The referral bonus will be effective 30 days after your friends’ CANQUEST Internet service activation date; The referral bonus is not redeemable as cash; When the CANQUEST account deactivated, all remaining referral fees will be cleaned out and will not be refunded in any format; Valid referee’s CANQUEST promotion code must be provided at the time when order been submitted or within 1 day (24 hours) after by calling us or sending us an email; Late promo codes are not accepted, the offer is lapsed automatically after the time limit; Terms and conditions and explanation rights belong to CANQUEST and might be changed without notice.

3.4.7 CANQUEST new promotion offer

CANQUEST new promotion offer is available only for new residential customers subscribing to Internet, Home phone, TV service. New promotion offer may only be provided to the same residential customer and/or household where CANQUEST service has been cancelled within past 3 months after service activation. Promotion offer may change from time to time without prior notice.

4.0 LIMITATION OF LIABILITY; MISCELLANEOUS

4.1 Limitation of Liability

We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

a) An act or omission of an underlying carrier, service provider, vendor or other third party;
b) Equipment, network or facility failure, shortage; equipment, network or facility upgrade relocation or modification caused by any reason include the loss of power;
c) Force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
d) Any act or omission by you or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
e) Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
f) Disclaimer of Liability for Damages. In no event will CANQUEST, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection the service be liable for any direct, incidental, indirect, special, punitive, exemplary, compensatory, or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
4.2 Indemnification

Customer hereby agrees to indemnify and hold harmless CANQUEST and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.

4.3 Content

You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device. You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.

4.4 Governing Law

The law of the state of your residence shall govern this Agreement as well as the relationship between you and us except to the extent such law is pre-empted by or inconsistent with applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.

4.5 Mandatory and Binding Arbitration

All claims or disputes between Customer and CANQUEST arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, Canada in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer’s individual capacity and that Customer will not commence or join any class or consolidate Customer’s claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

4.6 Entire Agreement

This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and CANQUEST and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and CANQUEST and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

4.7 Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

4.8 Customer Information Security

With this agreement, subscriber acknowledge that you authorize CANQUEST to obtain, at any time, information regarding customer credit from any personal agent, financial institution, employer or any other person with whom he or she may have business relationship and authorizes such person to transmit such information to CANQUEST. The consent is given for the purpose of opening an account and recovering sums that may be owing to CANQUEST. This information will be treated confidentially at any time. With limitation, CANQUEST may use subscriber information for advisement purpose, you shall notice to CANQUEST in writing if you don’t want to be listed on distribute list for advisement. CANQUEST may sometimes legally required to monitor, record, and provide evidence of the activity or information of the identified Customers or required to remove some content as a result of court orders or warrants, without prior or subsequent notice provided to the Customer. You also acknowledge that use of CANQUEST services confirms your acceptance of these terms and conditions. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.

5 FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.canquest.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

Last Updated: January 1, 2024