NCS Network Consulting. (hereinafter referred to as "NCS Network") is pleased to provide Fixed Wireless Internet Service (the "Service") to you on the terms set out below. Please read these Terms of Service carefully before using the Service.
1. INTERPRETATION: Through this agreement the words "we", "our" and "us" refer to the Owner, NCS Network and the words "you" and "your" refer to the Subscriber.
2. AGREEMENT: This Terms of Service, and all other policies posted on our web site at http://novascotiahighspeedinternet.com/legal, constitute the entire agreement (the "Agreement") between you and NCS Network Consulting ("NCS Network" or "us" or "we") with respect to your use of the Service. By establishing an account or using the Service, you agree to be bound by and to use the Service in compliance with the Agreement. We may change, add or remove portions of the Agreement at any time. We will notify you of any changes to the Agreement by a posting on our web site, or by email, postal mail, or other means. Continued use of the Service following notice of the changes means that you agree to and accept the Agreement as amended. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Service and notify us that you are terminating the Agreement.
3. THE SERVICE & SPEED: The Service includes the services specified on your signup email form and any other services that NCS Network may provide to you from time-to-time. NCS Network provides the Service on a "reasonable efforts" basis and does not guarantee upload or download speeds. Given the logical and physical design of the Internet network, NCS Network cannot guarantee a specific speed to subscribers when navigating particular sites. There are numerous factors that affect internet speed, including but not limited to the subscriber's location, trees, hills, obstruction, weather, Internet traffic, the subscriber's router capability, the specific technical configuration of the subscriber’s computer, the status of the subscriber's computer (i.e. firewall, procedures for optimization, antivirus analysis, backup, etc.) and other factors beyond NCS Network's control. NCS Network has established a policy to ensure equitable access to the Service for all NCS Network subscribers. This policy establishes a balance in Internet access across high-speed Internet services for all NCS Network subscribers regardless of their frequency or traffic usage. To ensure this equity of usage is maintained among NCS Network subscribers, subscribers may experience some temporary throughput limitation.
4. USE OF SERVICE: You are prohibited from using the Service and shall use reasonable efforts to ensure the Service is not used for a purpose or in a manner that is contrary to laws including, without limitation, all copyright, trademark and obscenity laws applicable to any content or information transmitted via the Service.
5. SECURITY: You are responsible for protecting your account and password. NCS Network does not assume any responsibility for the acts or omissions of your use of the Service. You assume total responsibility and risk for access to or use of content and for the use of the Service.
6. CHANGES TO SERVICE: We reserve the right to change the Service, the monthly fees or administrative charges at any time upon 30 days notice. You understand that the facilities used to provide the Service may change from time to time. You also understand that if there is a change in Internet facilities, you may be required to realign and/or relocate your receiving antenna at your own expense in order to continue to receive the Service.
7. TERM: This Agreement will begin upon the activation of the Services and will continue for the duration of service. Upon expiry of the initial monthly, we will continue to provide the Service to you on the same Service plan (or on a similar Service plan if we no longer offer the same Service plan) and in such an event these Terms of Service will be automatically renewed for successive 1 month periods until terminated in accordance with Section 20. Termination.
8. FEES: You agree to pay us the applicable monthly fees for the Service, rental charges for Equipment, all applicable taxes and any administrative charges that may be assessed (the "FEES"). You must provide us with accurate and complete billing information including your legal name, address, telephone number and credit card/billing information and report all changes to this information to us within 30 days of the change.
9. PAYMENTS: You authorize us to charge directly to your credit card the amount which is equal to the total due on your bill each month, according to the method of payment you specify when you purchase the Services. The automatic billing will be made each month in advance. We are not responsible for any fees for overdrawn accounts, exceeding credit card limits, or similar expenses resulting from automatic billing. Delinquent accounts may be suspended or cancelled in our sole discretion. However, Fees will continue to accrue until the account is cancelled. We may bill an additional charge to reinstate a suspended account. If you have questions regarding your account, you should contact us at 1-877-473-3660. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
10. LATE FEES AND COLLECTION CHARGES: If any rental payment or other amount payable to us is not paid within thirty (30) days of its due date, you agree to pay us a late charge of 2.0% per month of the amount which is late, or if less, the maximum amount allowable under applicable law.
11. EARLY CANCELLATION: You agree that if you terminate your subscription to the Services prior to the expiration of the initial term to pay the full monthly amount.
12. SOFTWARE LICENCE: NCS Network grants you a limited, nonexclusive, non-transferable and non-assignable license to install and use the NCS Network software (including software from third-party vendors), associated documentation and any updates ("Licensed Programs"). You will use the Licensed Programs solely in conjunction with the Service and for no other purpose. We may modify the Licensed Programs at any time, for any reason, without providing notice to you. The Licensed Programs are confidential and proprietary information of NCS Network and our licensors and embody trade secrets and intellectual property protected under Canadian copyright laws, other laws, and international treaty provisions. All right, title and interest in the Licensed Programs, including associated intellectual property rights are and will remain with NCS Network and our licensors. You will not translate, decompile, reverse-engineer, distribute, remarket, disassemble or otherwise dispose of the Licensed Programs or any part thereof or make any other unauthorized use of such software.
13. REQUIRED EQUIPMENT: If you install the Service on a computer that does not meet the recommended minimum computer requirements, you will not be entitled to receive customer support for any issues other than the quality of the signal delivered to your modem. We do not represent or warrant that a non-recommended configuration will enable you to access, operate or use the Service, nor that any such installation will not cause damage to your computers, peripherals, software or data.
14. RENTAL OF EQUIPMENT: Subject to the terms and conditions herein contained and where you are subscribing to NCS Network Fixed Wireless Internet Services that require the rental of Equipment, you agree to rent the Equipment described above (the "Equipment") and agree to the terms and conditions of this Agreement (the " Agreement"). You agree to pay us the rental payments in accordance with the payment schedule outlined. The Agreement will be effective from the date of acceptance by our authorized representative and will begin on the Activation Date indicated on the NCS Network Service Agreement. In the event of termination of this Agreement, the Equipment shall be returned to us and you shall be liable for any rental payments due and owing to the time of termination as well as any damage to the Equipment, normal wear and tear excepted.
15. FINANCING: We do not currently offer any financing.
16. OWNERSHIP AND TITLE: We are the owner of the Rental Equipment and have title to the Rental Equipment. We may require plates or other markings to be affixed or placed on the Equipment indicating that we are the owner. Other trademarks and proprietary marks on the Equipment are and shall remain the property of the manufacturer. You shall not do anything to infringe upon, harm or contest the validity of the aforesaid trademarks or other marks of the manufacturer. We confirm that it is our mutual intention that the Equipment remains personal property even if it is attached to real property and that you are responsible for any damage caused to any real property by the removal of the Equipment from the real property, either by you or us. You will provide us with your landlord's consent to the attachment of the Equipment if necessary.
17. WARRANTY FOR RENTAL EQUIPMENT: : For those of you who are renting equipment, we are renting the Equipment to you as is. You acknowledge that we do not manufacture the Equipment. Other than as set forth herein, we make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose in connection with this Agreement or the Equipment. You agree to continue making payments to us up to the time of termination of this Agreement, regardless of any claims you assert against the manufacturer or supplier. We transfer to you, to the extent possible, for the duration of this Agreement any warranties made by the manufacturer or supplier. We are not liable to you for any loss, cost, expense or damage of any kind caused directly or indirectly by the Equipment or the use, operation, ownership or maintenance of the Equipment or for any loss of business or damages whatsoever or however caused. Notwithstanding the foregoing, we agree to repair or replace, as the case may be, at our expense, any Equipment, which malfunctions under conditions of normal use.
18. INSTALLATION: For subscribers of NCS Network, equipment is highly sophisticated, and Industry Canada regulations for installing and pointing the antenna are very stringent, a professional installation technician must install the Equipment. The Fixed Wireless Internet subscribers are responsible for all costs and scheduling associated with the installation. You are responsible for all inside wiring necessary to install the service. Installation and use of the Equipment may result in service outages or potential damage to your computer. You are solely responsible for backing up all existing computer files. NCS Network and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts on or loss of any warranty associated with the opening of your computer for installation. NCS Network does not represent, warrant, or covenant that installation by a third party chosen by you will enable you to successfully access, operate, or use the service, nor that such installation will not cause damage to your computer, data, software, files, or peripherals, in addition, NCS Network shall have no liability whatsoever for any damage, or for the failure to properly install, access, use or operate the equipment or service because of your installation. This limitation of liability is in addition to and in no way limits any and all limitations of liability set forth elsewhere in the agreement.
19. EQUIPMENT LOCATION, USE AND REPAIR: You will keep and use the Equipment only at the location of installation based on the NCS Network Service Agreement. You agree that the Equipment cannot be moved without advance written permission. Other than as provided herein, you are responsible for keeping the Equipment in good repair, condition and working order. Except for normal wear and tear, you are responsible to protect the Equipment from damage or any kind of loss. We are not responsible for any losses or damage caused by the installation or use of the Equipment, or from any other kind of loss while you have the Equipment. Only NCS Network staff or their contractors and sub-contractors are allowed to remove the radio and dish from customer premise at anytime.
20. DISCLAIMER AND LIMITATION OF LIABILITY: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. WE MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY OUR REPRESENTATIVES OR US SHALL CREATE A WARRANTY. NCS NETWORK AND ITS EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. NCS NETWORK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE; ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; AND THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES DEFAMATION, PASSING OFF, UNFAIR COMPETITION, OR OBSCENITY LAWS INCLUDING ANY COMMUNICATION TRANSMITTED IN CANADA THAT IS "OBSCENE" AS DEFINED BY THE CANADIAN CRIMINAL CODE.
21. TERMINATION: Either you or we may terminate this Agreement at any time after the initial term upon written notice given to the other party. If you should fail to pay the Fees or to pay any other amount owed to us at the times and in the amounts specified, or otherwise breach these Terms of Service, we may terminate the Services without notice and without any liability whatsoever. Reactivation of the Services may result in a reactivation charge payable by you as established by us. If we are prevented from providing the Services by any law, regulation, requirement, notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Services, you acknowledge and agree that we may immediately cease providing the Services without any liability to you.
22. ASSIGNMENT: You have no right to sell, transfer, assign or sublease the Rental Equipment or this Agreement. We may sell, assign or transfer this Agreement or the rights in the Rental Equipment. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now. You agree that the rights of the new owner will not be subject to any claim, defense or setoff that you may have against us.
23. CUSTOMER'S WAIVER: To the extent not prohibited by law or statute, you hereby waive the benefit of all provisions of all applicable conditional sales, regulatory, credit or other statutes and all regulations made there under in any applicable jurisdiction which would in any manner affect, restrict or limit our rights and remedies under this Agreement. To the extent permitted by law, you hereby waive any right to receive copies of any financing statements or financing change statements filed in connection with this Agreement.
24. SEVERABILITY: Any provision of this Agreement, which is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement.
25. BINDING NATURE: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.
26. MISCELLANEOUS: Your obligation to pay the Fees and other sums and all other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, setoff, defense or counterclaim for any reason whatsoever. Any change in any of the terms and conditions of this Agreement must be in writing and signed by us. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any right at a later time. All of our rights and indemnities will survive the termination of this Agreement. You acknowledge receipt of a copy of this Agreement.
27. GENERAL: The laws of the province in which you are using the Service exclusively govern this Agreement. You may not assign or transfer the Service without our written consent.