In respect to internet and telecommunications services provided by Netfox Communications Corporation (‘Netfox’), all services are prepaid with the exception of pay per use long distance and toll free and are charged immediately, identified as “Netfox Communications” on the Credit Card and Bank statements.
For all new registrations, the first month’s charge and/or activation fees are non-refundable. A refund will only be given to accounts that cannot receive service. Delays in activation due to improper information provided by you the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non-serviceable events. Netfox must be allotted the opportunity to complete its troubleshooting before a refund/credit will be issued. In cases where an installation/activation was free with the purchase of a modem, if the customer chooses to cancel immediately after a completed activation a refund may be issued for the equipment, minus the listed cost of the activation for that particular service. For dry loop DSL the deduction is $25.00. For FTTN plans, cCable, rCable and vCable plans the deduction is $50.00. For eCable and ONeCable the deduction is $55.00, and for sCable the deduction is $79.00 (plus any applicable taxes).
Netfox or any of its agents or third party providers are only responsible to bring/provide DSL service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment. FTTN orders include the installation of a POTS splitter and sync verified to the jack. Cable installations include verification of a signal to the modem, if one is available during the install.
Netfox or any of its agents or third party providers cannot be held accountable or responsible under any circumstance or condition for any cancellation fees or costs incurred by you from you previous service providers.
Netfox is not responsible for verifying your personal computer equipment, gaming consoles, telephones, tablets or other devices are capable of achieving the speeds you’ve ordered. It is up to the customer to make sure the network interface cards (NIC) can achieve those speeds.
A charge of fifteen dollars ($15.00) will be applied for any payment returned by the bank.
Netfox may interrupt service without prior notice for the following reasons: a) If the customer is in default of payment at the agreed upon dates and/or; (b) If at any time, for cause, such as, but not limited to: violation of our Acceptable Use Policy.
If you wish to cancel an order prior to install, we must be notified at least 2 business days before the activation date. If an order cannot be cancelled prior to activation due to Carrier turnaround times on orders the activation and first months payment still apply.
Netfox reserves the right to cancel an account for chronic late payments, even if the account has been brought up to date.
Credit card or Visa/MC Debit info provided to us upon signup is kept in the system and charged automatically unless you specifically advise during the initial call that it is for one time use only. Permission can be revoked at any time.
The customer shall pay to Netfox all expenses related to the reinstatement of the services following an interruption whereas such expenses may be incurred directly by Netfox or any third party for the benefit of the customer, or of Netfox. In the event the account is sent into 3rd party collection, all expenses incurred shall be the responsibility of the customer.
In the event where a customer is not billed for service due to an error or omission on the part of Netfox, the customer is still liable for all charges going back to the opening of their account.
Netfox does not refund for partial months. Accounts cancelled any time during the month are deemed to be cancelled as of the end of the paid up or billed for period, regardless of when the customer requests service disconnection. In the event the customer requests cancellation after payment has been collected for that month, a refund will be issued minus $10.00 ‘late cancellation fee’ to cover credit card/banking charges and labour cost. If an account has been cancelled mid-month due to non-payment, the full amount is still owing for that month.
Our designated billing date is the 23rd of each month. Upon request from the customer, Netfox may move a customers billing date to the 1st of the month to accommodate their needs.
Customers will insure they have funds available in their accounts as withdrawals can take place anytime after 24 hours of receiving their bill. We reserve the right to add/change/remove these dates at any time.
SEASONAL HOLDS- Customers who go away for a few months can put their account on a Seasonal Hold for $10.00 + tax per month. Their actual service is still cancelled with the Carrier as usual and will still need to be reordered upon return; but Netfox will cover the cost of their reactivation upon return(up to $65). This does not guarantee there will still be a live signal to the customers premise upon return as that is the Carrier’s infrastructure; it only covers the cost of re-installation. The account will remain on seasonal hold indefinitely so should the customer decide not to return they must contact Netfox to cancel. There are no refunds for seasonal hold charges should the customer decide not to return and no credits for cumulative charges over $65 should the customer not return for a longer period than expected.
Payment schedules and Suspension or Termination of Service for Non-Payment
For customers paying by pre-authorized credit card/debit card, we will attempt to charge any outstanding amounts from the recurring invoice on the following schedule:
– Customers invoiced on the 23rd of each month- we will attempt to charge your card on the 24th of the month; should payment not go through we will attempt again on the 27th and again on the last day of the month. If payment has still not been received by this time we will send a suspension notice (which may or may not cause a disruption in the users service) and if there has been no contact from the customer within 2 days we will terminate the account and disconnect service.
– Customers invoiced on the 1st of the month- we will attempt to charge your card on the 2nd of the month; should payment not go through we will attempt again on the 5th and again on the 8th. If payment has still not been received by this time we will send a suspension notice (which may or may not cause a disruption in the users service) and if there has been no contact from the customer within 2 days we will terminate the account and disconnect service.
Customers paying by cash or e-mail money transfer are subject to the same schedule as pre-authorized payors. Statement reminders will be sent out on the same schedule as credit card processing (24th, 27th and last day of the month or 2nd, 5th and 8th of the month depending on their billing schedule).
Exceptions may be made to the above date schedules if a customer requests a payment be run on a particular day and also at our discretion
A $5 dollar or 2% charge, whichever is greater may be applied against delinquent accounts. Please ensure that the email provided is valid and regularly checked, as all notifications will be sent via email.
Communications from Netfox- Netfox may, from time to time send product or pricing updates, newsletters or other communications via email to keep customers informed of any news or price changes. Customers will have the ability to opt out of any communications not directly related to their accounts or services.
Referral Program- Netfox offers a referral program for customers who refer friends and family to us. The maximum credit amount per referral is $30.00, and is paid via credit to the referring customers account in increments of $5.00 per month for up to 6 months, provided both parties remain customers of Netfox during this time. For example, if customer A refers customer B, customer A would be entitled to a credit of $5.00 a month for up to 6 months. Should customer B cancel after 3 months, the credits will cease immediately and no further credits will be paid out for that customer. The credits would also cease if customer A were to cancel service while receiving the credits, any remainders will never be paid out in cash or to zero out a balance. Credits for partial months services will be prorated.
Equipment Returns- Netfox offers modems, routers and other equipment for sale as a one-stop convenience for customers looking for internet related services. Any equipment purchased is returnable within 30 days provided it is still in its original packaging, and both the box and equipment are free of any marks, stains etc. Should the equipment be returned in any condition that would otherwise be construed as ‘new’, Netfox reserves the right to i) accept the equipment subject to a 25% restocking fee and resell as an ‘open box’ item at a discount or ii) not accept the equipment and return it to the customer. The customer is responsible for the cost of shipping to return the item(s) and Netfox will not refund the original cost of shipping.
Modem Rentals- Customer agrees to pay the monthly designated rate for their modem rental, and to keep it clean and well ventilated for maximum efficency. Upon cancellation of Netfox services customer agrees to return the modem with its power cord to Netfox Communications at the customers expense. The equipment must be well packed in a box, and sent with tracking and insurance. Customer is responsible for the cost of the modem if it is lost during shipping back to Netfox.
A Diagnostic Maintenance Charge occurs when Bell has been dispatched to check your line and they find no fault between the Central Office and the demarcation point on your house. The customer is responsible for payment of those charges, which are currently $110.00 + tax. Currently none of the cable companies are charging this fee.
ITMP’s– The Internet Service provided by Netfox in certain areas may be subject to Internet Traffic Management Policies (ITMPs) imposed by the underlying Carrier under TPIA or GAS agreements, or by Netfox itself, in order to offer Services at competitive prices.
For Services in Ontario and Quebec: Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by Netfox’s High Speed Internet Service. While Netfox is constantly investing in its network in order to ensure a high quality Internet service, significant increases in traffic demand may occasionally result in congestion on such shared networks. Netfox has designed its Internet Quality Management system to minimize the impact for most users during congestion periods. Netfox’s Internet Quality Management system works by identifying types of Internet traffic that are more sensitive to congestion and delays and prioritizing such traffic when necessary. The system identifies traffic types at all times in order to react immediately in case of network congestion. Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality internet experience for the most users possible. Internet traffic is identified and, if necessary, prioritized based on three groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second priority group consists of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The third group includes applications that are traditionally less popular with our end-users as a whole. Normally all internet traffic will be delivered at full speed. During congestion periods, End users should see no change in the quality of their Internet experience when using time-sensitive Internet applications. End users using less time-sensitive applications may notice a decrease in their download/upload speeds until the temporary network congestion has passed.
LIMITATION OF LIABILITY: The services, equipment and software are provided ‘as is’ and ‘as available’ without warranties or conditions of any kind. Without limitation, Netfox does not warrant the performance, availability, uninterrupted use of the phone or internet, your connection to the phone or internet, equipment, the services, or any software provided by Netfox or its licensors. NETFOX’S MAXIMUM LIABILITY FOR NON-PERFORMANCE OF SERVICES WILL BE NO MORE THAN ONE MONTHS COST OF SUCH SERVICES.
Netfox reserves the right to alter it’s pricing at any time, but will always give at least 30 days notice.
A $110.00 servicing fee may apply to customers using our Dry Loop DSL service if additional work is required at your location.
Under no circumstance or condition is Netfox or any of its agents or third party providers responsible to disconnect/cancel your current provider during your transition to Netfox.
You agree to be responsible for paying Us for all long distance calls made from the phone numbers that You subscribed to with Us, whether or not You authorized the calls.
Billing is calculated by adding the total number of used long distance minutes and multiplying by your contracted rate. Calls are billed for a minimum of 30 seconds, and 6 second increments thereafter. Unused plan minutes do not carry forward.
We may cancel or temporarily block long distance services without prior notice and without incurring liability if we believe such action is necessary to protect against fraud or abuse of services.
TV/VOD STREAM DELIVERY SPEED
We utilize a province wide network of local broadband providers to send and receive content you have selected through the subscription. Based on performance data from the broadband provider and our own analysis, we have determined that the large majority of our members are able to receive their Video at 10 Mbps or higher to view un-buffered and live video.
PLANS AND CONTRACT RESTRICTIONS
In case any of the TV channels shut down their operations or in case of any dispute between the TV channels and ATOP, the same TV channel will not be transmitted by ATOP; no partial / full refunds are done by ATOP to the customers.
All package/channel subscriptions are for a minimum of 30 days or to the end of any invoiced period; we do not provide refunds or credits for any partial-month subscription period or unwatched content. Prepaid customers cancelling prior to the end of the paid up period will not be refunded; subscriptions are left active until the end of that period.
PLANS AND PACKAGES
ATOP offers various plans and packages on its website to Subscribers. Detail information of current plans and packages are always available on our website. ATOP reserves the right in our sole and absolute discretion to make changes from time to time and without notice to the plans and packages.
Your ATOP subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE ATOP SERVICE, INCLUDING TV CHANNELS/VOD FEATURES, AND FUNCTALITIES ASSOCIATED HEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ATOP SERVICE, THE WEBSITE AND ITS CONTENTS. ATOP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ATOP SERVICE. INCLUDING SHIPMENT OF STB WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ATOP MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ATOP SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU.
Without limiting the foregoing, we assume no liability or responsibility for any of the following:
In no event shall ATOP or Netfox, their shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the ATOP website, its contents or the ATOP service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the ATOP service, including any TV Channels, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month’s subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
LIMITATIONS ON USE
ATOP and its logo are registered trademarks of ATOPTV. The ATOPTV logo, ATOPcom.com are trademarks or service marks of ATOP. The ATOPTV website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ATOP. The trademarks, service marks and trade dress of ATOPTV may not be used or reproduced without prior written approval from ATOP and may not be used in connection with any product or service that is not affiliated with ATOP, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ATOP, or in any manner that disparages or discredits ATOP. Other trademarks that appear on the ATOPTV website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ATOP. Any images of persons or personalities contained on the ATOPTV website are not an indication or endorsement of ATOP or any particular product or our service unless otherwise indicated.
Netfox will honour the manufacturers warranty on all equipment sold to the end user that has failed due to a manufacturers defect within the warranty period. Customer agrees to return the defective unit upon receipt of the replacement. Netfox will pay shipping costs to send out the replacement unit and customer will pay shipping costs to return the defective unit to Netfox.
The customer may incur an additional charge if a unit is returned that has suffered obvious damage caused by impact, fire, water, electricity or neglect. In these situations customer would be liable for the replacement cost of the new modem plus shipping. Netfox will not accept returned items sent COD.
a.The Customer shall: i.for any Customer or third party provided equipment or software, arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure that such equipment or software is installed and maintained according to the manufacturer’s specifications and the customer’s specifications, if any;
ii.understand that service is available where technology permits. Rates do not include installation by a technician and costs to correct internal wiring problems at customers’ premises.
iii.ensure at all times that the Netfox Communications Provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conform to the relevant equipment manufacturer’s specifications;
iv.be responsible for the loss of and risk or damage to the Netfox Communications Provided Equipment except where caused by the negligence or willful misconduct of Netfox Communications;
v.provide all necessary infrastructure, including without limitation, power outlets, grounding and anti static environments required for the safe and efficient operation and maintenance of the Netfox Communications Provided Equipment and the Customer or third party provided equipment in accordance with Canadian Standards Association or other specifications or regulations as applicable; and
vi.permit Netfox Communications or its Third Party Providers prompt and safe access to its premises for the purpose of performing its obligations under the service(s) provided or disconnecting and removing the Netfox Communications Provided Equipment.
b.The Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by Netfox Communications.
c.The Customer agrees not to tamper with, alter or otherwise rearrange the Services nor shall it permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or Netfox’s network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
d.The Customer shall solely be responsible for use of the Services by any of its employees, officers, directors, agents as well as its end users and agrees to take all necessary measures to ensure that such persons use the Services in accordance with these terms and conditions. The Customer agrees to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by Netfox Communications from time to time; to the extent the Customer is receiving an Internet based service, and (ii) any third party software license terms and conditions in respect of software used by the Customer in connection with the use of the Services.
e.The Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by Netfox Communications. Netfox Communications shall not be responsible if any changes in the Services cause equipment, hardware or software not provided by Netfox Communications to become obsolete, require modification or attention, or otherwise affect performance of same. Netfox Communications shall provide the Customer with one (1) month’s notice of such changes.
f.Netfox Communications reserves the right to take all actions, including immediate suspension of the Services, which it considers necessary to assure compliance with the Customer Obligations. The Customer will be responsible for all additional costs, liabilities and expenses incurred by Netfox Communications resulting directly from a breach by Customer of this Section.
UNDER NO CIRCUMSTANCES WILL NETFOX COMMUNICATIONS OR THE THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF NETFOX COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT NETFOX COMMUNICATIONS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT NETFOX’S AND ITS THIRD PARTY PROVIDERS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
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