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What are the Terms and Conditions of Service?
These Terms and Conditions of Service (“Service Terms”) govern your use of any Services, as defined below.
Throughout the Service Terms:
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“Affiliate” has the meaning has the meaning set out in the CBCA, and also includes any partnership or other unincorporated association in which a Netfox or any of its affiliated bodies corporate (as so defined in the CBCA) that has a controlling interest or by which it is controlled;
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“Agreement” has the meaning set out in Section 2;
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“CBCA” means the Canada Business Corporations Act, R.S.C., 1985, c. C-44;
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“CCTS” has the meaning in Section 42;
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“CRTC” has the meaning in Section 42;
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“Customer Accessed Content” has the meaning in Section 25;
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“Customer Provided Content” has the meaning in Section 26;
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“E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
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“Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
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“Fees” has the meaning in Section 7;
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“I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
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“Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by Netfox.
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“Late Payment Charges” has the meaning in Section 9;
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“My Account Portal” is a customer portal on the Website that allows you to access features and information relating to your Services and your account with Netfox;
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“Netfox” means Netfox Communications Inc., its parents, subsidiaries and Affiliates;
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“Netfox Group” means Netfox, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
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“NSF” has the meaning in Section 9;
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“Policies” are defined in Section 11 of the Service Terms;
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“Service Agreement” means an agreement setting out the terms for specific Services provided by Netfox. Service Agreements are available on the Website at the following URL: https://www.netfox.ca/ or otherwise made available to you when you request or when you order Services;
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“Services” mean any services that you subscribe to or receive through Netfox, including but not limited to Cable Internet (residential and business), DSL/FTTN, Phone Services (residential and business) and Internet Protocol Television services (“IPTV”). All Equipment and Software (as defined in this section) are considered elements of the Services;
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“Service Terms” means these Netfox Terms and Conditions of Service;
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“Software” means any software used to access the Services or used in conjunction with the Services;
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“Software Documents” has the meaning in Section 23;
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“Term” has the meaning in Section 4;
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“us”, “we”, “our” or “ourselves” means Netfox;
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“VoIP” means Voice over Internet Protocol; and
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“Website” means all content on the https://www.netfox.ca/business/.
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What is included as part of my Agreement for Services with Netfox?
The “Agreement” includes the Service Terms (inclusive of Policies), Service Agreements for Services to which you subscribe, any Netfox document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms (inclusive of Policies), then to any other Netfox documentation describing features, products or services, and lastly to any other documents incorporated by reference.
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How do I accept this Agreement?
You acknowledge that you have read, understood and agreed to the Agreement by either: (i) placing an order for Services by any means including online or over the phone; (ii) allowing Services to be installed at your premises; or (iii) using the Services.
If you do not agree to the Service Terms or the applicable Service Agreement(s), you may not use the Services.
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How long does the Agreement last?
The “Term” of your Agreement with Netfox begins when you accept the Agreement and will continue until the Agreement is terminated. Netfox provides Services to you on an ongoing month- to-month basis.
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Can Netfox change the Agreement?
Netfox can change the Agreement and any aspect of the Services. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, or letter to the contact information that you have provided to us or by bill insert or posting the notice on our Website. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights. If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.
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What if I do not agree with a change that Netfox makes to the Agreement?
If you do not agree with a change made by Netfox, you may cancel the affected Services in accordance with Section 35.
ACCOUNT, BILLING AND PAYMENT
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How does Netfox bill me for the Services?
Netfox will bill you monthly, in advance. You must pay all recurring and one-time charges (“Fees”) and all applicable taxes due for Netfox services by the due date specified in your invoice. Netfox may bill you monthly in arrears for certain Fees. In advance of the invoice date, you can log on to the My Account Portal on the Website and access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro- rated Fees for a partial monthly billing cycle, one-time charges and other changes to Fees. Service Agreements may also modify the billing terms for certain Services.
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How can I pay my bill?
You must pay your bill by the date indicated in your invoice. You can pay your bill: (1) online through a bank account from a list of select financial institutions (provided to you upon request) that Netfox may change from time to time; (2) with select credit cards; (3) with Visa debit; or (4) by pre-authorized bank account withdrawal.
You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. You must promptly advise Netfox if your credit card or bank account information changes.
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What charges apply to late payments, rejected payments and other account processing actions?
If Netfox does not receive payment when due, you will be subject to a late payment charge of 2% per month (accruing on a daily basis and calculated and compounded monthly on the outstanding amount – for a rate of 26.82% per year) or the maximum rate allowable by law, whichever is lower (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.
Administrative charges in the amount of $25.00 may be levied for administration or account processing activities in connection with your account, including as a result of the following:
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collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, Fees and adjustments;
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returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason;
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change of any Identifier; and/or
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the restoral of Service.
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What if I dispute Fees on my invoice?
If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within ninety (90) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.
YOUR RESPONSIBILITIES
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Does Netfox have any policies that apply to the Services?
Yes. From time to time, Netfox may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference. Policies are published by unambiguous links on the Website. We will follow the process for amendments to the Agreement, under Section 5 of these Service Terms, when introducing new Policies or making changes to existing Policies.
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Are there any limits to my use of the Services?
Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to:
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Resell the Services, receive any charge or benefit for the use of the Services; or
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Transfer your Services without our express consent.
You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.
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How can I be sure that Netfox has accurate contact information for my account?
You are responsible for keeping the contact and payment information you provide to Netfox (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide Netfox with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. Failure to provide a forwarding address may result in the forfeiture of any outstanding credits on your account.
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What am I responsible for if my Netfox account is compromised?
You must notify Netfox immediately using the contact coordinates provided in Section 48 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.
NETFOX SERVICES
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Are there any warranties on the Services?
To the maximum extent permitted by law, Netfox Group do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.
You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.
Netfox Group do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.
All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Netfox Group creates any term, condition, representation or warranty not expressly stated in the Agreement.
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Does this mean that there may be circumstances when the Services are not available?
Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that Netfox does not fully control.
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How do I transfer my phone number from another service provider to Netfox?
Netfox will request your existing service provider to “transfer-in” one or more of your existing phone numbers if you: (i) confirm that you have the right to make the request; (ii) authorize Netfox to share with your existing service provider your information relevant to the transfer request (which may include personal information); and (iii) complete and sign any required request form. You are responsible for payment of Fees owed to your existing service provider, including any applicable cancellation charges and taxes.
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How do I transfer my phone number from Netfox to another service provider?
Upon your request or at the request of your new service provider, if your assigned account and phone numbers are active, Netfox will process a “transfer-out” request for a phone number assigned to you to your new chosen service provider. Upon transfer-out, the Service Agreements pertaining to the transferred Services and phone number(s) will be cancelled automatically, pursuant to Section 36. You are responsible for all Fees and taxes associated with the transfer from Netfox.
NETFOX EQUIPMENT AND SOFTWARE
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Are there any limitations with respect to use of Equipment?
Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:
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You will take reasonable care of the Equipment;
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You may not sell, lease, mortgage, transfer, assign or encumber the Equipment;
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You may not relocate the Equipment without our knowledge and permission; and
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Upon termination of your Services, you will return Equipment, accessories (e.g., cables) and ancillary equipment (e.g, adapters) by mail, with adequate protective packaging (e.g., bubble wrap), to the address listed in Section 48 of the Service Terms.
If Equipment that you have not purchased is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, in addition to any costs incurred by us in seeking possession of such Equipment.
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What warranties apply to Equipment?
Equipment that is purchased from us is subject to the Equipment manufacturer’s warranty.
For Equipment that you rent from us, Netfox will repair or replace defective Equipment at no cost subject to the conditions described below.
In order to qualify for no cost repair or replacement of defective rental Equipment, you must provide the Equipment and all accessories and ancillary equipment provided by the manufacturer (e.g., power adapter, remote controls and wires) to Netfox at the address in Section 48 of the Service Terms. Netfox reserves the right to charge you for any Equipment (including ancillary equipment) that is not returned when you request an exchange or repair of defective Equipment. Netfox will specify the amount of any such charges upon request. Applicable charges may change from time to time.
Defective rental Equipment warranties do not apply to, and you are solely responsible for the undiscounted retail replacement cost of rental Equipment, due to: (a) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred, in Netfox’s sole discretion, due to a defect in materials or workmanship; (b) damage caused by use with a third party component or product; (c) damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surge, or other external cause; (d) Equipment that has been modified to alter functionality or capability; (e) defects caused by normal wear and tear or otherwise due to the normal aging; and (f) Equipment that has been stolen. Netfox shall determine, in its sole discretion, whether defective rental Equipment is ineligible for repair or replacement at no cost due to any of these circumstances.
Except for shipping costs associated with Netfox owned Equipment, you are responsible for all costs related to shipping of Equipment.
For additional details about the process and timelines for Equipment exchanges or repairs, please contact Netfox at the coordinates set out in Section 48.
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Do I need to grant Netfox access to Equipment?
Yes. Netfox may require access to your premises in certain circumstances. You agree to authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. You must immediately notify us if Equipment is lost, stolen or destroyed.
Although Netfox will seek your consent whenever feasible, you agree that Netfox and our representatives may access, without consent or notice, Equipment located on your property and outside of your residential or business dwelling in the following exceptional circumstances: (a) if Netfox has a court order to do so; or (b) if there is an emergency situation, which includes circumstances where Equipment on your property is malfunctioning and affecting your Services or the Netfox network.
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Will the Service ever require changes of Equipment?
Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
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Are there any limitations to the use of Software
Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of Netfox, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Service Agreement.
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Are Software updates required?
Yes. From time to time, you may be required to update your Software, including by way of automatic downloads. By entering into the Agreement, you consent to receiving these downloads. If you do not agree to receiving updates to Software, you may not use the corresponding Service(s) and your only option is to terminate the Service Agreement for the Service(s) that are subject to the software update.
PROPRIETARY RIGHTS
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Is the content that I access through the Services subject to any intellectual property rights?
Yes. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trade- marks, patents, trade secrets and/or other proprietary rights and laws.
Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.
You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by Netfox, its licensors or its suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.
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Do I have any rights to the content that I provide in connection with the Services?
Yes. Netfox does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to Netfox or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to Netfox or any third party, using the Services, you have thereby granted Netfox a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Netfox to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
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Who owns electronic addresses used in connection with the Services?
Except where otherwise specified by Netfox, Identifiers remain the property of Netfox Group at all times.
PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION
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How does Netfox protect my personal information?
Netfox protects your personal information in a manner consistent with its Policies and applicable privacy laws.
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Does Netfox perform credit checks or report credit history?
Yes, by entering into the Agreement you agree that Netfox Group may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. Netfox Group may also disclose your Netfox credit history to credit reporting agencies, credit grantors and/or collections agencies.
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Will Netfox send me commercial electronic messages?
Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from Netfox. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.
9-1-1 SERVICES, PHONE SERVICES AND RELATED LIMITATION OF LIABILITY
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Is 9-1-1 service always available over Phone Services?
No. There are some important differences and limitations in how 9-1-1 calling using Phone Services work, given that it is provided over VoIP technology, when compared to basic and E9-1- 1 services that are provided over traditional landline telephone service. Please review this section carefully before activating, installing or using Netfox Phone Services.
With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Netfox Phone Services 9-1- 1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using Netfox Phone Services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.
If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your Netfox Phone Services, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Netfox is always the same as the physical address at which your Phone Services device is located. Whenever you move the physical location of your Phone Services device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to My Account Portal.
You acknowledge and understand that the Netfox Phone Services or access to the Netfox Phone Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
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If your Equipment fails, is not configured correctly or does not meet Netfox’s requirements;
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In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
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In the event of a network outage or power failure;
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If you or somebody else tampers with or, in some cases, move the Equipment; or
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Following suspension or termination of your Netfox Services or Account.
There may be a greater possibility of network congestion and/or reduced speed in the routing of 9- 1-1 calls made utilizing Netfox Phone Services as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.
Netfox does not currently offer operator service and so emergency services cannot be accessed through an operator by dialing “0”.
You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Netfox Phone Services, of the important differences and limitations of VoIP-based 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.
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How does Netfox and Netfox Group limit its liability for 9-1-1 calling via Phone Services?
Netfox does not have any control over whether, or the manner in which, 9-1-1 calls over Netfox Phone Services are answered or addressed by any local emergency response centre. Netfox disclaims all responsibility for the conduct of local emergency response centres and the national
emergency calling centre. Netfox relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Netfox disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
You also acknowledge and agree that, to the maximum extent allowed by law, Netfox Group will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Netfox Phone Services and you agree to indemnify and hold harmless the Netfox Group for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Netfox Phone Services may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.
LIABILITY AND INDEMNIFICATION
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How does Netfox limit its liability?
You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, Netfox Group’s liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.
Other than the foregoing payment and to the maximum extent permitted by applicable law, Netfox Group are not responsible to anyone for:
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Any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to the Service or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
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The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Service;
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Any error, inclusion or omission with respect to any telephone listings or directories;
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The denial, restriction, blocking, disruption or inaccessibility of any Services, including 9- 1-1, public alerts or special needs services, Equipment or Identifiers;
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Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
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Any error, omission or delay in connection with the transfer of Identifiers to or from another telecommunications service provider or any limitation connected thereto;
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Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
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Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on Netfox Group’s liability set out elsewhere in the Agreement.
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Must I indemnify Netfox Group with regards to the Agreement?
Yes. You agree to indemnify and hold harmless Netfox Group from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against Netfox Group, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.
CANCELLING AND SUSPENDING NETFOX SERVICES
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When and how can I cancel Services?
You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting Netfox at the points of contact specified in these Service Terms.
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What happens to a Service Agreement if I transfer my Services to another provider?
Some Services and Identifiers may be transferred to another provider, pursuant to the terms of the corresponding Service Agreement. Upon transfer-out of one or more Services and Identifiers to another provider, the corresponding Service Agreements for those Services will be automatically cancelled.
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When can Netfox cancel or suspend my Services?
Netfox may cancel any or all of your Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you by email or mail to your billing address.
Netfox may also restrict, block, suspend, disconnect or terminate for cause any or all of your Services, including 9-1-1 service, for cause, without notice, if:
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you are in breach of the Agreement, including non-payment of your charges or non- compliance with any Policies;
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we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
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we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
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What are my obligations if my Service(s) are cancelled or transferred to another provider?
If you or Netfox cancels one or more of your Services or if your Services are transferred to another provider, you must pay all outstanding Fees (including any installation Fees for Services that have been installed but not activated) and taxes on your final invoice for those cancelled Services. One- time activation and installation Fees are non-refundable.
If Equipment that you have purchased has been shipped prior to Service cancellation, the Fees for the Equipment are non-refundable. One-time activation and installation Fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a month-to-month Service is cancelled. Any Equipment that you rent or that is owned by Netfox must be returned by mail at the address listed in Section 48 within thirty (30) days of the date that Services are cancelled by you or Netfox.
For month-to-month Services, Netfox will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation.
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How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or terminated by Netfox?
Netfox may, at its sole discretion, restore your Services, with or without conditions that may include:
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Full repayment of outstanding amounts owing to Netfox;
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Compensation for costs incurred by Netfox in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or
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Changes to your Fees on an ongoing basis.
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What happens to credit balances on my final bill?
You can request a refund of credit balances and Netfox will process your claim by issuing an Electronic Funds Transfer.
ADDITIONAL TERMS
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Do I have to meet certain criteria to enter into this Agreement?
Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province applicable to the Agreement, and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
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What is the process that applies to unresolved disputes with Netfox?
The process for billing disputes is described in Section 10 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute.
If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commissioner for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). The CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve consumer and small business disputes about telecommunications and television services. The CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service.
With the exception of billing disputes, which are resolved exclusively through the process described in Section 10 of these Service Terms, any unresolved dispute may also be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.
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What laws apply to this Agreement?
The Agreement is governed exclusively by and construed in accordance with the laws of the province in which your billing address is located, without regard to the principles of conflict of laws, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province in which the Services are delivered.
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Which Court has jurisdiction over claims related to the Agreement?
By entering into the Agreement, except where the CRTC, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive personal jurisdiction of and venue in a court located in the province in which your billing address is located for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of the Agreement. If your billing address is outside of Canada, you agree to the exclusive personal jurisdiction and venue in a court located in the province in which the Services are delivered.
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What if parts of this Agreement become unenforceable?
If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Netfox. Even if Netfox decides not to enforce any part of this Agreement for any period of time, the term still remains valid and Netfox can enforce it in the future.
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Can this Agreement be transferred?
Netfox may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without Netfox’s prior written consent.
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Do any terms or obligations of this Agreement apply after the cancellation or expiry of the Agreement?
Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event including but not limited to the obligation to pay any outstanding amounts owed for Services.
HOW TO CONTACT NETFOX
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How do I contact Netfox?
To contact Netfox for any reason, including providing notices to Netfox pursuant to this Agreement, you may reach us:
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By Phone, toll-free: 1.877.542.9945
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By Phone, locally: 613.704.4317
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By email: sales@netfox.ca
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By Mail:
Netfox Communications Corporation PO Box 38093
Dartmouth, NS B3B 1X2
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How do I contact Netfox for technical support?
Unless otherwise provided in a Service Agreement, Netfox offers technical support for its Services during normal operating hours (posted on the website). You may contact Netfox for technical support via the contact information set out above in Section 48.
MONTHLY DATA USAGE
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Are Netfox Internet services subject to monthly data caps and data overage charges?
No. All Netfox Internet services plans feature unlimited usage with no caps or overage charges, subject to applicable Netfox Polices, including our Acceptable Use Policy.
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved in accordance with the order of preference described in Section 2 of the Service Terms.
Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.
Yes. For month-to-month arrangements, you may make changes at any time by contacting Netfox at the coordinates listed in Section 48 of the Service Terms. Changes may result in new or pro- rated (for the monthly billing cycle during which the change occurs) monthly Fees or one-time- fees for Cable Internet.
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved in accordance with the order of preference described in Section 2 of the Service Terms.
Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.
Yes. For month-to-month arrangements, you may make changes at any time by contacting Netfox at the coordinates listed in Section 48 of the Service Terms. Changes may result in new or pro- rated (for the monthly billing cycle during which the change occurs) monthly Fees or one-time- fees for DSL-FTTN Internet.
When network congestion occurs, we apply certain technical Internet traffic management measures to minimize the impact of network congestion on your quality of experience and preserve the integrity of our network. This Internet Traffic Management Policy (“ITMP”) describes our policies surrounding the use of traffic management measures.
We monitor our network and use a system that prioritizes real-time services (for example, voice over Internet Protocol or “VoIP” telephone communications and television services) over other traffic patterns to minimize interruptions or degradations to services that are more sensitive to network congestion. Our system prioritizes traffic by temporarily adjusting bandwidth.
Some of our network providers also apply ITMPs to network resources that are used to provide Netfox’s Internet services. Some of these network providers use time-of-day sensitive traffic management policies that adjust bandwidth for latency insensitive traffic (like file-sharing and peer-to-peer applications). Other network providers explain that their services are subject to Internet traffic management measures during periods of emergency or extreme circumstances or if an end-user’s activity restricts, inhibits or degrades other end-users’ use of the Internet services. In such circumstances, an end-user’s upload traffic may be temporarily limited.
For most of our customers, their Internet experience is unaffected by our traffic management measures.
In a period of network congestion, our Internet traffic management measures would allow you to experience more reliable real-time Internet-based services at the cost of reduced bandwidth for lesser priority uses, on a temporary basis.
No. Our system does not inspect the content of data packets transmitted over your Netfox Internet connection. Your data is personal and confidential. We have no interest in snooping and we value net neutrality. Our network monitoring system simply differentiates traffic patterns that are related to real-time services as opposed to lower priority Internet uses – and makes adjustment to preserve your quality of experience through times of network congestion.
If you have questions about Netfox’s ITMP, we are happy to discuss them with you. We can be reached at the contact coordinates listed in Section 48 of the Service Terms.
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved in accordance with the order of preference described in Section 2 of the Service Terms.
Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.
Yes. Netfox IPTV’s personal video recorder (“PVR”) functionality is subject to limitations including, without limitation, with respect to the maximum amount of programming that can be recorded and the duration that recordings are kept and available to you. These limitations may change from time to time, at Netfox’s sole discretion. For additional information regarding the current limitations that apply to Netfox IPTV’s PVR functionality, please contact Netfox at the contact coordinates listed in Section 48 of the Service Terms.
