RESIDENTIAL SERVICES TERMS AND CONDITIONS

DISCLAIMER

Rates are subject to change without prior notice and are subject to all applicable taxes. Certain conditions apply. The customer must confirm that they have read and understood the 911 Service differences, as listed in the Terms of Service. The customer must also select monthly payments pre-authorized by withdrawals from their checking account (available where technology permits). Fibre Argenteuil may withdraw this offer at any time at its sole discretion, without any prior notice. Local calling areas are defined by the phone number selected. This cannot be combined with any other offer.

TERMS & CONDITIONS

SERVICE

ACCEPTANCE OF TERMS: Fibre Argenteuil reserves the right to change, modify, update prices (price plans, features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers. The customer must check these Terms of Service for changes. The customer’s continued use of this website and of the Fibre Argenteuil service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.

TERM: Service is offered on a month-to-month basis or under a fixed service term. Monthly fees are pro-rated based on the specific sign up date during the activation month. Your acceptance of services from us constitutes your agreement with, and acceptance of our Reasonable Use Policy (https://fibreargenteuil.ca/en/acceptable-use-policy/.)

Customers may benefit from special promotions upon retaining Fibre Argenteuil services for a fixed term, as listed on the official website (www.fibreargenteuil.ca) . Fibre Argenteuil shall deem the entire cost of providing hardware and/or service discounts covered, upon customer’s fulfillment of the agreed service period.

Subsequent terms of this agreement will be renewed automatically on a month to month basis.

Customer is responsible for all the service fees up to date of termination, including but not limited to unbilled charges, plus a termination fee, if applicable; all of which become due and payable immediately once the customer provides notice.

It is also the customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the customer notices any discrepancies, the customer is responsible to immediately notify Fibre Argenteuil of any required changes.

EFFECTIVE DATE AND TERM OF SERVICE SUBSCRIPTION: The subscription and term of service are effective upon activation of any new service, or upon installation of the equipment, as the case may be. The service subscription is for an indefinite period and remains in effect until it has been terminated in accordance with its terms and conditions by the customer or by Fibre Argenteuil. A minimum of one (1) full billing cycle is required before services can be cancelled.

The customer will continue to be liable for non-recurring charges and usage charges incurred during the grace period, which shall be become due and payable immediately once the service is terminated.

COMMERCIAL USE OF SERVICE AND DEVICE: Fibre Argenteuil services and devices are provided for use by the customer. The customer cannot resell or transfer Fibre Argenteuil’s services or devices to any other person for any purpose, without the express and written permission of Fibre Argenteuil in advance.

LAWFUL USE OF FIBRE ARGENTEUIL SERVICES AND DEVICES:  The customer agrees to use Fibre Argenteuil’s services and devices solely for lawful purposes. Fibre Argenteuil’s services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

Fibre Argenteuil reserves the right to terminate service immediately and without advance notice if the customer violates the above restrictions. Upon such occurrence, the customer will be responsible for all the service charges up to date of termination, including unbilled charges, plus a termination fee if applicable; all of which become due and payable immediately once the service is terminated.

UNAUTHORIZED USAGE OF FIBRE ARGENTEUIL’S DEVICES, FIRMWARE OR SOFTWARE:  The customer acknowledges that this agreement does not grant the customer any license to use the firmware or software embedded in the device for any purpose other than that described in the present agreement, as authorized by Fibre Argenteuil; and that the devices are provided exclusively for use in connection with Fibre Argenteuil’s services.

If the customer decides to use Fibre Argenteuil’s services through an interface device not provided by Fibre Argenteuil, Fibre Argenteuil reserves the right to prohibit or disconnect service as deemed necessary.

TAMPERING WITH FIBRE ARGENTEUIL’S DEVICES:  The customer agrees not to change the electronic serial number or equipment identifier of any Fibre Argenteuil devices, or to perform a factory reset of the devices, without express prior written permission from Fibre Argenteuil.

Fibre Argenteuil reserves the right to terminate service should the customer tamper with any of the devices, leaving the customer responsible for the service charges to the date of termination, including unbilled charges, plus a termination fee, if applicable; all of which immediately become due and payable.

THEFT OF SERVICE:  The customer agrees to notify Fibre Argenteuil immediately, in writing or by calling the Fibre Argenteuil customer service team, if any Fibre Argenteuil device is stolen or if the customer becomes aware that his or her service is being stolen or used fraudulently.

When contacting Fibre Argenteuil, the customer must provide the Fibre Argenteuil account number and a detailed description of the circumstances of the said Fibre Argenteuil device theft or fraudulent use of Fibre Argenteuil services. Failure to do so in a timely manner may result in the termination of the customer’s service and additional charges. Please note that it is the customer’s responsibility to secure any credentials provided to them by Fibre Argenteuil.

FIBRE ARGENTEUIL EQUIPMENT: The cost of shipment shall vary depending on destination and package specifications.

Fibre Argenteuil devices shall be returned to the address listed below:

RETURN OF EQUIPMENT

Fibre Argenteuil inc.
412, rue Principale
Lachute, Qc, Canada
J8H 1Y2

Purchased devices may be returned to Fibre Argenteuil within thirty (30) days of the line activation provided that:

The customer has retained proof of purchase and original packaging;

Fibre Argenteuil items returned are undamaged and in original condition;

All documentation and packaging materials are returned in good order.

It is understood that any device purchased in original condition, unsealed by customer, has incurred a loss to its initial market value and Fibre Argenteuil reserves the right to charge a $25.00 restocking fee per returned item. Such fee shall be deducted from the original purchase amount due for refund or applied against the customer’s final invoice, as the case may be.

If a customer receives Fibre Argenteuil cartons and/or devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Fibre Argenteuil’s customer service team immediately. Warranty coverage varies depending on the type of device chosen. Please refer to the warranty materials included in the packaging of the Fibre Argenteuil device(s).

After said thirty (30) day prescribed time limit, all disbursements for purchase of Fibre Argenteuil devices by the customer will be non-refundable at time of termination of services by the customer or Fibre Argenteuil.

The customer acknowledges that, under no circumstance, should there be any refund for the shipping charges or the utilization fees. All of these become due and payable immediately when the said devices are returned.

The customer acknowledges that any non-purchased Fibre Argenteuil device (loaned/rented) provided by Fibre Argenteuil for service remains Fibre Argenteuil’s property.

Fibre Argenteuil loaned and/or rented devices must be returned within thirty (30) days from the service termination date to enable account closure and final billing. All items must be returned undamaged and in original condition with all documentation and packaging materials in good order. Should a device not be returned within the thirty (30) days prescribed limit, the full hardware cost will be charged to customer’s account.

The Fibre Argenteuil devices are sold by Fibre Argenteuil exclusively to Fibre Argenteuil customers, and as such the pricing listed on the Fibre Argenteuil’s website (www. fibreargenteuil.ca)  represents subsidized rates.

In the case of damage to a loaned/rented Fibre Argenteuil device, or upon account closure following non-payment, the full amount of the said equipment, i.e. $129.95 for a decoder with the remote control, SDG834-5 or SR400 router at $450.00, SDG854-6 router at $575.00, $144.95 Wi-Fi booster and/or $103.95 for a backup battery, plus applicable taxes, will be charged to the customer’s account for the true cost of the device.

NUMBER TRANSFER ON SERVICE TERMINATION:  Fibre Argenteuil will agree to transfer the number to another carrier of the customer’s choice upon termination of Fibre Argenteuil’s services provided that the account has been properly and lawfully terminated and the customer’s account is completely current, given either of the following two cases:

ONE LINE WITH FIBRE ARGENTEUIL: If we receive a request from your new service provider to terminate the service for a number, we will release the number shortly after notification to Fibre Argenteuil by the relevant service provider, given that there are no reasons to reject.

Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the date of termination, including any termination fees if applicable (for non-returned equipment, special number porting out, promotions etc.).

If a port is unsuccessful for any reason (stranded services, suspended or inactive account, etc.), your service and your agreement with us will not terminate; you will remain a Fibre Argenteuil customer and you will continue to be responsible for all charges and fees associated with your service.

MORE THAN ONE LINE WITH FIBRE ARGENTEUIL : If we receive a request from your new service provider to terminate the service for a number, and you have multiple numbers assigned to your account and/or additional devices such as softphone on your account, you are required to inform us of your intent to terminate all the services on your account prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Fibre Argenteuil account; and you will continue to be responsible for all the charges and fees associated with the remaining services on your account.

Once the port of the requested number is completed, you will remain responsible for all charges through the date of service termination, including any termination fees applicable to the ported number.

It is the customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the customer notices any discrepancies, the customer is responsible to immediately notify Fibre Argenteuil of any required changes

LONG DISTANCE EXCLUSIVITY:   It is understood that Fibre Argenteuil will be the customer’s exclusive long-distance provider for the time that this agreement is in force. Fibre Argenteuil has the authority to direct all of the customer’s long-distance calls through Fibre Argenteuil’s network.

REGULAR USAGE:  customers must note that any service and/or devices are provided solely for regular residential or commercial use. Usage limitations are subject to the Reasonable Use Policy posted on the website, as amended by Fibre Argenteuil from time to time.

The customer shall not resell or transfer the service or a device to another party without prior written consent from Fibre Argenteuil. The customer is also prohibited from using the service or a device for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.

We reserve the right to immediately terminate or modify a customer’s service if we determine that the use of the service or the device is, or at any time was, inconsistent with regular residential usage patterns

In addition, the customer will be required to pay the Fibre Argenteuil standard rates for the entire period in which the use of the service or the device was inconsistent with regular residential or commercial use.

FRAUDULENT CALLS:  customer is solely responsible for the security and integrity of his/her VoIP gateway, and acknowledges that any usage charges resulting from unauthorized access to his/her gateway by a known or unknown party will be invoiced to the customer.

PROMOTIONAL PACKAGES:  On occasion, Fibre Argenteuil may offer service promotional packages (“promotions”). The duration and terms of the promotions may vary according to the specifications described in the promotional literature or on the website

PROPRIETARY RIGHTS:  The customer acknowledges and agrees that all content available on the Fibre Argenteuil website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Except as expressly authorized by Fibre Argenteuil, the customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the above, the customer may print or download one copy of the materials or content on this website on a single computer for personal, non-commercial use, provided that the customer keeps intact all copyright and other proprietary notices.

Systematic retrieval of data or other content from the Fibre Argenteuil website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fibre Argenteuil is strictly prohibited. In addition, any use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Notwithstanding anything to the above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Fibre Argenteuil website is strictly prohibited unless the customer has obtained prior written approval from Fibre Argenteuil.

GEOGRAPHIC DISTRIBUTION OF CALLS :  customer agrees and understands that less than 5% of all off-net Canadian calls must be delivered to “Canadian independent telephone companies”.  The calls above this threshold will be invoiced at a rate of $0.05 in addition to the termination rate imposed by the destination company.  customer agrees and understands that less than 25% of all off-net US calls must be delivered to “US independent telephone companies”.  The calls above this threshold will be invoiced at a rate of $0.05 in addition to the termination rate imposed by the destination company.

411 FEATURES: Calls to 411 will be invoices at the current rate which is subject to change from time to time. 

711 FEATURE:  Message relay service is not available on IP services.

DIRECTORY LISTING :  Fibre Argenteuil does not guaranty directory listing.

CANADIAN LOCAL SERVICES LABELLED “BELL ON-NET” :  Local Canadian calls labeled BELL ON-NET are defined as delivered to forborne territories where Bell Canada is the incumbent telephone operator.

SERVICE OUTAGE

POWER OUTAGE:  The customer acknowledges and understands that Fibre Argenteuil’s services do not function in the event of a power failure. Should there be an interruption in the power supply, services will not resume until power is restored. A power failure or disruption may require the customer to reset or reconfigure equipment prior to resuming services.

BROADBAND SERVICE OUTAGE:  The customer acknowledges and understands that service outages caused by their Broadband Provider will prevent any calls from being made or received.

SERVICE OUTAGE DUE TO SUSPENSION OF THE CUSTOMER’S ACCOUNT:  The customer acknowledges and understands that service outages due to suspension of services following billing issues will prevent any calls from being made or received.

OTHER SERVICE OUTAGES:  The customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this agreement

SERVICE LIMITATIONS (AND 9-1-1)

IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE: 

DESCRIPTION

VoIP services allow the customers to make or receive telephone calls over the Internet to or from the Public Switched Telephone Network.

The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.

DIFFERENCES TO TRADITIONAL TELEPHONE SERVICE : Because of the unique nature of VoIP telephone calls, emergency calls to 911 through Fibre Argenteuil will be handled differently than traditional telephone services.

The following provisions describe the differences and limitations of 911 emergency calls, and the customer hereby acknowledges and understands that the Fibre Argenteuil service is not a traditional telephone service.

There are important differences between traditional 911 telephone services and the services provided by Fibre Argenteuil as set out in these Terms and Conditions. customers must review the section below in its entirety.

PLACING 911 CALLS : If the customer makes a 911 emergency call, Fibre Argenteuil will attempt to automatically route the customer’s 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the customer’s address of record on his or her account

However, due to the limitations of the VoIP telephone services, the customer’s 911 call may be routed to a different location than that which would be used for traditional 911 dialing.

For example, the customer’s call may be forwarded to a third-party, specialized call centre that handles emergency calls

This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 911 emergency call which has automatically generated the customer’s address information. Consequently, the VoIP customer will be required to provide his or her name, address, and telephone number to the call centre operator

HOW YOUR INFORMATION IS PROVIDED : Fibre Argenteuil will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the customer’s account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the customer’s name, phone number or physical location.

Therefore, when making a 911 emergency call, the customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information.

If the customer is unable to speak, the dispatcher may not be able to locate him/her if the customer’s location information is not up to date.

Failure to keep information current will result in a customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that customers are at the last registered address.

HOW YOUR INFORMATION IS PROVIDED : The customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for his or her account.

If the customer does not correctly identify the actual location where he/she is located, or if the customers account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

For example, if the customer changes the address from which he or she uses their Broadfone or Broadfone PC Phone service, access to 9-1-1 service will not function properly.

Upon moving to a new address, or change of use of Broadfone or Broadfone PC Phone service, the customer must immediately notify and advise Fibre Argenteuil by email or by telephone with the most current location information.

Failure to advise Fibre Argenteuil of any changes will adversely affect the ability to access the 9-1-1 Service.

HOW YOUR INFORMATION IS PROVIDED : For Auto Attendant customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 911, regardless of where the associated extension is located.

DISCONNECTIONS : During the 9-1-1 call, the customer must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have the customer’s number or contact information.

If the customer is inadvertently disconnected, he/she must call back immediately.

Connection time: for technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls

911 CALLS MAY NOT FUNCTION : For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

If your service or your system (service) access equipment fails or is not configured correctly

If your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues

network or Internet congestion, network or Internet outage in the event of a power outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls;

changing locations—if you move your system access equipment to a location other than that described in the customer’s account information or otherwise on record with Fibre Argenteuil.

Therefore, it is strongly advised that backup power supply be made available, such as a UPS.

INFORM OTHER USERS : The customer must ensure full understanding of the 9-1-1 service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services of the nature and limitations of 911 emergency calls on the VoIP services as described herein

You should keep your address information current with your Service Provider as the operator may assume that you are at the address you submitted upon service registration if you are not able to speak during a 9-1-1 call.

When placing a 9-1-1 call, do not disconnect until told to do so by the operator, and place the call again if you are disconnected.

LIABILITY

Customers are advised to review this section with respect to Fibre Argenteuil’s limitations of liability

THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS FIBRE ARGENTEUIL VOIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST FIBRE ARGENEUIL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE Fibre Argenteuil 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

COLLECT CALL: Fibre Argenteuil does not currently offer collect calls.

BROADBAND SERVICE OUTAGE: The customer acknowledges and understands that service outages caused by his/her Broadband Internet Service Provider will prevent Fibre Argenteuil services.

LOSS OF SERVICE DUE TO POWER FAILURE: The customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a reset or reconfiguration of the equipment prior to restoration of the service.

SERVICE OUTAGE DUE TO SUSPENSION OF A CUSTOMER’S ACCOUNT: The customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.

OTHER SERVICE OUTAGES: The customer acknowledges and understands that if there is an outage occurrence, for any reason; such outage may cause an interruption in all services, INCLUDING THE 9-1-1 SERVICE.

CHANGES TO THIS AGREEMENT

As technologies and services progress, we may change the terms of this agreement after providing a [14] days advance notice. We provide notices by posting to the “News” section of our website;

Electronic mail directed to the email address provided by customer upon sign-up for services, or to the current email address if a change notification was received. The customer is responsible for notifying us of any changes in his/her email address by contacting the customer serviceTeam at contact@fibreargenteuil.ca. Otherwise, we will continue to use the customer’s previous e-mail address until a notice of change has been provided by customer.

CHARGES / PAYMENTS / DEFAULT / TAXES/ TERMINATION

INVOICING: Fibre Argenteuil will provide monthly invoices for services to be provided during the period indicated on the invoice. The invoice will be issued and transmitted on the 18th of each month. Payment will be automatically deducted from the customer’s bank account 10 days after the invoice is issued, which is the 28th of each month. If the customer activates a new service during a billing period, this service will be billed proportionally (PRORATA and/or TVPRORATA) to the number of days during which the customer has benefited from it.

We reserve the right to bill at more frequent intervals if the amount owing at any time exceeds $50. The customer is responsible to Fibre Argenteuil for payment of all the service charges and/or the equipment supplied to them.

Fibre Argenteuil’s “Carrier” Services are available in Canadian currency.

A late payment charge applies when a payment has not been received within twenty-one (21) days after the date of the statement of account for service. This charge is a monthly compound rate of 1.5%. A late payment charge applies when a payment has not been received within twenty-one (21) days after the date of the statement of account for service. This charge is a monthly compound rate of 1.5%.

If a service has been suspended for non-payment, Fibre Argenteuil reserves the right to apply a $20.00 reactivation fee before reactivation.

An administrative fee of $45.00 per occurrence will be charged to customer for any payments returned by the bank.

A charge disputed by the customer in good faith shall not be considered past due unless Fibre Argenteuil has reasonable grounds to believe that the sole purpose of the dispute is to evade or avoid payment.

The customer acknowledges that Fibre Argenteuil will not issue cheques for refunds of amounts lower than ten dollars ($10.00). Alternatively, the customer agrees that any refunds lower than ten dollars ($10.00) will be credited against the customer’s account.

Unless there has been a deception with regard to a charge, the customer is not responsible for paying a previously unbilled or under billed charge except where:

A recurring charge is correctly billed within a period of one year from the date it was incurred

A non-recurring charge is correctly billed within a period of 180 days from the date it was incurred.

In the case of a recurring charge that should not have been billed or was over billed, the customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law.

However, if the customer does not dispute the charge within 60 days of the date of an itemized statement, Fibre Argenteuil will not credit such charge for the period prior to that statement.

Non-recurring charges that should not have been billed or that were over billed will be credited, provided that the customer disputes such charges within seven (7) days of receiving their bank statement.

BILLING DISPUTES:  The customer must notify Fibre Argenteuil in writing within seven (7) days after receiving their bank statement if there is dispute of any charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:

Fibre Argenteuil inc.
412, rue Principale
Lachute, Qc, Canada
J8H 1Y2

Or by email at contact@fibreargenteuil.ca

PAYMENT:  Fibre Argenteuil accepts only pre-authorized checking account withdrawals as a method of payment.

PRE-AUTHORIZED PAYMENTS : After having submitted a bank account information with the with the pre-authorized debit agreement – Payor’s PAD agreement request to be used for pre-authorized payments, the customer’s initial use of services authorizes Fibre Argenteuil to process the information provided for the due charges. The customer must notify Fibre Argenteuil of any changes in payment information, and is responsible for the charges that accrue during any billing cycle.

The authorization shall remain valid for 30 days after Fibre Argenteuil receives written notice requesting termination of pre-authorized payments. Fibre Argenteuil may terminate service at any time in its sole discretion, if any charge to the customer’s bank account on file with Fibre Argenteuil is declined and/or in the case of any other non-payment of account charges.

In the case of termination of service for non-payment, including but not limited to a declined bank account withdrawal, the customer is fully liable to Fibre Argenteuil for all charges accrued to date of termination; as well as for charges incurred by Fibre Argenteuil owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

PRE-AUTHORIZED BILLING FORM : By accepting services from Fibre Argenteuil, the customer hereby authorizes Fibre Argenteuil to charge the customer’s bank account on an ongoing basis for any amounts owing. The customer understands that this authorization is valid for as long as the customer is a Fibre Argenteuil subscriber, unless the customer provides written notice of termination to Fibre Argenteuil. The customer also agrees to contact Fibre Argenteuil if there are any changes to the customer’s bank account information.

Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect the customer and Fibre Argenteuil from fraudulent transactions;

Disclose the customer’s personal information where necessary to protect the interests of the customer and Fibre Argenteuil;

Since the method of payment accepted by Fibre Argenteuil is by monthly pre-authorized debit from a checking account, the Customer must provide Fibre Argenteuil with a copy of a void check or cancelled check prior to the services installation. The customer may email the scanned copy to contact@fibreargenteuil.ca, to the attention of customer service team, or by dropping by our offices to provide the document during business hours. This is required as a means of verifying account details and to satisfy the auditor’s requirement to keep a copy of the banking details (VOID check or cancelled check) in the customer’s file.

TERMINATION/DISCONTINUANCE OF SERVICE:

Fibre Argenteuil reserves the right to discontinue providing services generally, or to terminate the customer’s service at any time, at its sole discretion, upon customer’s breach of any of the terms herein. Fibre Argenteuil also reserves the right to terminate the customer’s service for no stated reason; however, upon such occurrence, customer shall only be liable for the service fees charged by Fibre Argenteuil until the date of termination.

Upon termination of service for any stated reason, the customer will be responsible for the charges accrued through the date of termination, including without limitation unbilled charges and a termination fee, if applicable; all of which shall immediately become due and payable.

In addition to Fibre Argenteuil’s right to terminate the customer’s services, Fibre Argenteuil may restrict, block, suspend or terminate any or all services or accounts, without prior notice to the customer, if:

Customer is in breach of the Agreement, including non-payment of due charges or non-compliance with any policies;

Customer does not maintain service usage within the prescribed Credit Limit;

Customer exceeds reasonable usage limits, as determined by Fibre Argenteuil;

Customer has given Fibre Argenteuil false, misleading or outdated information;

Fibre Argenteuil reasonably suspects or determines that any of the customer’s account, identifiers or services are subject to fraudulent, unlawful or improper usage or usage that adversely affects Fibre Argenteuil’s operations or the use of Fibre Argenteuil’s services, facilities or networks by others;

Customer harasses, threaten or abuses Fibre Argenteuil or its employees or agents;

Customer fraudulently or repeatedly or improperly seeks to avoid payment to Fibre Argenteuil;

Fibre Argenteuil needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the services, its facilities or networks;

Any account or service on which the customer’s services depend is terminated for any reason;

Fibre Argenteuil reasonably believes that there is an emergency or extreme circumstance that would warrant such action.

Upon the termination of a Service Agreement, the customer will remain responsible for payment of all charges accrued throughout the effective date of termination, as well as applicable termination fees or purchase fees.

Fibre Argenteuil’s loaned and/or rented equipment must be returned within 30 days of termination; failing to do so, the customer will be charged the full price of any equipment not returned. The full amount of the said equipment, i.e. $129.95 for a decoder with the remote control, SDG834-5 or SR400 router at $450.00, SDG854-6 router at $575.00, $144.95 Wi-Fi booster and/or $103.95 for a backup battery, plus applicable taxes,  will be charged to the customer’s account for the true cost of the device.

Returned equipment must include original packaging, accessory materials and must not have physical damage. If any of Fibre Argenteuil’s equipment is returned in an unsatisfactory condition, which shall be determined by Fibre Argenteuil in its sole discretion, Fibre Argenteuil will charge customer the full purchase price of such equipment.

For termination of service prior to the completion of a fixed term agreement, customer will be charged an Early Termination Fee (“ETF”). The ETF is subject to such service or hardware discount received by customer for entering the agreement; based on the length of the agreement and the economic gain for the agreed period. Fibre Argenteuil shall deem the entire cost of providing discounted services and/or hardware covered, upon customer’s fulfillment of said period.

TAXES :  Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Fibre Argenteuil as a result of providing Fibre Argenteuil’s services or a device will be billed to the customer’s account. If a customer is exempt from payment of such taxes, then that customer will provide Fibre Argenteuil with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Fibre Argenteuil receives the tax-exempt document.

LIMITATIONS

WARRANTY AND LIMITATION OF LIABILITY: Fibre Argenteuil grants a limited lifetime warranty* on ready or leased equipment, such as modems, routers, access points, WiFi amplifiers and TV decoders, and commits to replace them with equivalent equipment in case of defect, with the exception of HDMI cable, which is not covered by any warranty.

All Fibre Argenteuil remote controls come with a one-year limited warranty*.

Fibre Argenteuil provides a one-year limited warranty* on TV decoders and access points sold. In the event that the customer wishes to purchase a TV decoder that is already leased, Fibre Argenteuil will provide a one (1) year warranty. In the latter case, the Customer acknowledges that the TV decoder box already owned by the Customer may have been refurbished prior to being rented to the Customer.

Loaned or rented equipment, such as modems, routers, access points, WiFi amplifiers, and TV decoders, must be used in a heated environment. These devices operate at temperatures between 0 and 40 degrees Celsius with humidity levels below 90% – without condensation.

* If Fibre Argenteuil deems that the damage was caused by the customer, repair or replacement will not be covered by the warranty.

The customer is responsible for any damage/breakage caused to the cables (aerial or underground) connecting his residence to the Fibre Argenteuil network. Damage/breakage caused by himself or a subcontractor/deliverer hired by or for him.

Fibre Argenteuil provides a satisfaction guarantee on the installation of Services and Equipment provided, loaned or leased from the moment they are activated. If you are not satisfied with this installation, we invite you to contact our Customer service department within fifteen (15) days following this installation at 450-409-2012.

Fibre Argenteuil does not guarantee the continued use or uninterrupted operation of the Services. Fibre Argenteuil shall in no way be held liable for service interruptions, delays or malfunctions, loss or alteration of data by intrusion or otherwise, or for any damage that results, directly or indirectly. In particular, Fibre Argenteuil does not warrant that i) the Services will meet your requirements, ii) the performance, availability, use or continuous or uninterrupted operation of the Services or the hardware and software components of the Equipment; iii) the data or files transmitted or received by third parties will be transmitted or received without being corrupted or intercepted, nor will they be within a reasonable time; iv) the Services offered are compatible with the equipment or software belonging to you.

Without limiting the foregoing, if you notice any interruption of your Services, you must immediately notify Fibre Argenteuil by calling them at 450-409-2012, so that they can restore proper operation as soon as possible. If the interruption you have reported exceeds forty-eight (48) consecutive hours, you can then contact Fibre Argenteuil within fifteen (15) days to claim a credit on the Price of your Service, which will be calculated in proportion to the duration of the interruption, as from the date of its report.

No credit will be given in case of force majeure or circumstances beyond the control of Fibre Argenteuil, which include particular cases of fraud, meteorological circumstances (including lightning, storm, exceptionally strong winds, torrential rains, ice storms or winter storms) and damage done by wildlife. In particular, your Provider shall not be liable for any missed installation appointments.

LIMITATION OF LIABILITY: Fibre Argenteuil shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following

Act or omission of an underlying carrier;

Equipment, network or facility failure;

Equipment, network or facility upgrade or modification;

Force majeure events such as (but not limited to) acts of god, strikes, fire, war, riot, government actions;

Equipment, network or facility shortage;

Equipment or facility relocation;

Any other cause that is beyond Fibre Argenteuil’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality.

Fibre Argenteuil’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period. Fibre Argenteuil is not liable for incidental or consequential damages of any type.

UNDER NO CIRCUMSTANCES SHALL FIBRE ARGENTEUIL, ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Fibre Argenteuil HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Fibre Argenteuil’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION:

The customer shall defend, indemnify and hold harmless Fibre Argenteuil, its officers, directors, employees, affiliates and agents from and against all damages, liabilities, obligations, losses, injuries, claims, demands, penalties, costs and expenses (including reasonable legal fees and disbursements) arising from any and all claims by any person based on:

The content of any transmissions by the customer or any permitted user;

The use of service by the customer or any permitted user, including without limitation, prohibited use;

The use of facilities, equipment or connections provided by the customer;

The breach by the customer of any term or condition.

NO WARRANTIES ON SERVICE:  FIBRE ARGENTEUIL, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

CONFIDENTIAL INFORMATION

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by a Fibre Argenteuil representative to the customer.

Except as otherwise specified herein, the customer and Fibre Argenteuil each expressly undertake to retain in confidence all information transmitted to each other pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

The customer and Fibre Argenteuil shall treat the specifics of their Agreement, including but not limited to pricing, setup, special provisions, as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.

The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

PRIVACY AND NOTICES

Privacy : IP telephony utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Fibre Argenteuil is not liable for any lack of privacy which may be experienced by any customer with regard to its services. Please refer to Fibre Argenteuil’s Privacy Policy for additional information.

Notices: Notices to customer shall be sent to the email address on file for the customer at Fibre Argenteuil’s offices and will be considered given on the date sent out by Fibre Argenteuil. Please refer to Section 4 of this Agreement regarding a change of e-mail address.

Marketing Communication:   Unless you decline to receive communications from Fibre Argenteuil or withdraw your consent at a later date, you agree that Fibre Argenteuil may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Fibre Argenteuil customer service team to change your communication options or withdraw consent.

Fibre Argenteuil Privacy Policy: Fibre Argenteuil regards its customer’s privacy as one of its most important values and believes that its Privacy Policy will give the customer confidence whenever they use Fibre Argenteuil services. The following is a summary that outlines how Fibre Argenteuil collects, uses and discloses personal information:

Purposes : Fibre Argenteuil collects personal information to:

Help provide the customer with better service delivery;

Better manage and operate its own day to day operations;

Understand each customer’s needs in order to recommend appropriate products or services

Comply with legislative requirements;

Prevent fraud and protect Fibre Argenteuil and its customers from possible fraudulent actions;

Fibre Argenteuil will advise the customer of the reason it collects personal information when or before such information is collected.

Consent : The customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.

Limits : Fibre Argenteuil will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.

Fibre Argenteuil will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.

When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the customer’s information remains safe and secure.

Third parties include Fibre Argenteuil agents, other communications Service Providers (to enable service delivery outside Canada), Collection Agencies, emergency services and Law Enforcement Agencies.

Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

Accuracy : Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Security : Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. Each and every Fibre Argenteuil employee must abide by Fibre Argenteuil’s Privacy Policy.

Only authorized Fibre Argenteuil employees are permitted access to a customer’s personal information and such access is limited by need.

If a customer calls Fibre Argenteuil’s customer service team, with a concern or complaint for example, the representative is allowed to access only the personal Information that he or she needs to address that concern.

Customer Access : Upon request, the customer shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information.

The customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

Definition: “Personal Information”

Means information about an identifiable individual and includes information about the customer’s Fibre Argenteuil VoIP service selections.

Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the customer’s address, telephone number and email address) and is not considered personal information.

DATA PROTECTION : Protecting the security and privacy of personal data is important to Fibre Argenteuil, therefore, Fibre Argenteuil conducts its business in compliance with applicable laws on data privacy protection and data security. The purpose of this privacy policy is to outline the personal information handling practices of Fibre Argenteuil. This policy applies to the use of information to conduct Fibre Argenteuil business or interact with customers or third parties.

PURPOSES OF DATA COLLECTION : Fibre Argenteuil collects personal information: (a) as agreed to and outlined in the customer contract; (b) where applicable, with customer consent; or (c) for the interest and operations of the business including but not limited for sales, marketing advertisement, promotions, and for advancing business.

Fibre Argenteuil’s business operations require Fibre Argenteuil to collect, use, and at times share personal information of various individuals in order to:

Help provide the customer with better service delivery;

Understand each customer’s needs in order to recommend appropriate products or services

Better manage and operate its own day to day operations;

Comply with legislative requirements;

Prevent fraud and protect Fibre Argenteuil and its customers from possible fraudulent actions;

Provide marketing, including the development of business transactions, consumer satisfaction, and evaluating, improving and maintaining Fibre Argenteuil’s operations and consumer services.

Advance its sales purposes, including promotion and product introduction.

TYPE OF DATA COLLECTED : We collect personal data (e.g., names, addresses, telephone numbers, or e-mail addresses) in connection with the operation of our websites only when you have voluntarily provided such data to us (e.g., through registration, contact inquiries, surveys, etc.) and when we are entitled to process or use such data by virtue of permission granted by you or on the basis of a statutory provision.

As a general rule, we use such data only for the purpose for which you divulged the data to us, such as to answer your inquiries, process your orders or service requests, provide an invoice or grant you access to certain information or offerings.

Insofar as you have provided your consent or when we are otherwise legally entitled to do so, we will share your personal data with subsidiaries of Fibre Argenteuil, where applicable, for the purposes indicated above.

WEBSITE: Fibre Argenteuil continues to develop and improve its website(s) in order to protect and safeguard confidential and proprietary information, customers, and employees; and, when applicable, third party contractors. At times websites may automatically capture data when the user such as your computer software type, browser identification, operating system, the pages navigated to and the time spent online and other related internet traffic information.

Fibre Argenteuil collects certain personal information for the purposes set forth in this policy such as names and contact information.

Fibre Argenteuil may collect personal information from users and its customers. Individuals are not obligated to provide personal information, however Fibre Argenteuil may not be able to respond or address concerns without such information. Your personal information may be collected directly from you when completing forms; subscribing to Fibre Argenteuil communication or corresponding with Fibre Argenteuil by phone, e-mail or otherwise using our contact details.

Our use of your data is limited to this policy and we only use your data as expressly set out. If for any given reason you require the use of your data for alternative purpose not set forth in this policy, we will provide you with prior notice of such use.

TRANSFER AND DISCLOSURE OF PRIVACY DATA   If legally permitted to do so, Fibre Argenteuil may transfer personal data to courts, law enforcement authorities, regulators or attorneys if necessary, to comply with the law or for the establishment, exercise or defense of legal claims.

Recipients of personal data may possibly be located in countries outside of the European Economic Area, in which applicable laws do not offer the same level of data protection as the laws of the respective individual’s home country. In such cases and unless permitted otherwise by applicable law, Fibre Argenteuil takes measures to implement appropriate and suitable safeguards for the protection of personal data by other means.

RETENTION PERIOD : Unless explicitly indicated otherwise at the time of the collection of Business Partner Contact’s personal data (e.g. within a consent form accepted by Business Partner Contact), we erase personal data if the retention of the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and no statutory retention obligations under applicable law (such as tax, commercial law, etc.) require us to further retain personal data.

SECURING PERSONAL INFORMATION : Fibre Argenteuil has established reasonable security measures to be implemented when dealing with privacy data. A security officer, who has been trained and experienced in managing information security, has been designated to be responsible for the overall compliance with these security measures. A security plan documents the various security measures adopted. Please contact the DPO for further questions or details on these security measures.

Fibre Argenteuil AS DATA PROCESSOR : This part of the Policy applies in all cases where Fibre Argenteuil collects, uses and transfers personal information as a processor on behalf of another Group Member, or on behalf of a third party under a contract evidenced in writing in a situation where the third party will be a controller (referred to as the “Client”). The principal areas in which Fibre Argenteuil acts as a processor include “Telecom products and services and, their Maintenance Support & Services” for our customers.

– Ensure compliance with the local law;

– Use personal information for a known purpose only and explain to individuals how that information will be used to the extent reasonably possible;

– Keep the personal information accurate and up to date;

– Comply with instructions from a Client, as required under the terms of its contract and notify other Group Members or any third-party sub-processor to whom the personal information has been disclosed;

– Respect and comply with the rights of individuals;

– Put in place appropriate technical and organizational measures to safeguard personal information processed;

– Have appropriately trained staff and support to ensure and oversee privacy compliance.

FOR MORE INFORMATION : Fibre Argenteuil provides support with any data privacy related questions, comments, concerns or complaints or in case a customer wishes to exercise any of its data privacy related rights as mentioned in the section above.

The responsible Data Protection Officer (DPO) of Fibre Argenteuil can be contacted at respect@fibreargenteuil.ca

Any complaints related to data privacy, request for clarifications of the topics related to data privacy, requests to be removed from our marketing and sales databases, or other requests to amend your information can be raised by mail at respect@fibreargenteuil.ca.

RESOLUTION OF DISPUTES: Mandatory Arbitration: Any dispute or claim between a customer and Fibre Argenteuil arising out of, or relating to, Fibre Argenteuil’s services or devices provided by Fibre Argenteuil in connection with this Agreement shall be resolved by arbitration before a single arbitrator.

The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.

Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

All claims shall be arbitrated individually and the customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.

The arbitrator shall have no authority to award punitive damages. The customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW : This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada, without regard to any conflict of law provisions.

The customer and Fibre Argenteuil agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Quebec.

The failure of Fibre Argenteuil to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

The customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Fibre Argenteuil’s services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

ENTIRE AGREEMENT

This Agreement and the rates for services found on Fibre Argenteuil’s website constitute the entire agreement between the customer and Fibre Argenteuil and it shall govern the customer’s use of Fibre Argenteuil’s services.

This Agreement supersedes any prior agreements between the customer and Fibre Argenteuil and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the customer and Fibre Argenteuil, as regularly updated.

The failure of Fibre Argenteuil to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable.

Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

COMMISSIONER FOR COMPLAINTS FOR TELECOMMUNICATIONS SERVICES (CCTS)

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687