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GENERAL
The provision of Access Communications' services is subject to these Terms of Service. Current updates of Access Communications' Terms of Service will be posted on Access Communications' website at www.accesscomm.ca.

By using any of Access Communications' services, including cable, Internet or digital phone service and any other service related thereto, (collectively or individually, the 'Service' or 'Services'), you acknowledge that you have read and understand the Terms of Service and agree to comply with the terms and condition set out in these Terms of Service, as may be amended from time to time. The terms 'you', 'your' and 'customer' when used in these Terms of Service apply to any person that uses a Service provided by Access Communications.

The Canadian Radio-television and Telecommunications Commission (CRTC) regulates the provision of telecommunications services and the broadcast and distribution of television and radio signals in Canada. The requirements for providing a competitive local phone service are set out in Telecom Decision CRTC 97-8 which can be found at the CRTC website (www.crtc.gc.ca). Access Communications adheres to the terms and conditions included in that Decision.

In the event that these Terms of Service are inconsistent with any additional terms that may be included on any bill of sale or monthly bill that is issued to you by Access Communications or its agents, the terms and conditions contained herein will prevail.

We value every customer and will endeavor to provide service upon request. However, Access Communications may, in our sole discretion, accept or decline any application we receive for the provision of Services. In the event that Access Communications declines an application for a Service, we will provide a written explanation for that denial upon request.

BILLING, PAYMENT AND POLICY
Invoicing
Access Communications will invoice you for the Services once per month. Regular monthly service fees are billed and payable in advance of receiving the Service. Long distance and other usage charges are billed each month as close to the period of usage as possible. Bills for Services will be produced only once per month, on either the 1st or the 15th on the month. For 1st of the month bills, payments are due by the 25th day of the month, prior to the next billing. For the 15th of the month bills, payments are due by the 10th day of the month, prior to the next billing. The date that payment is due is hereafter referred to as the 'Due Date'.

Agreement to Pay
You agree to pay us the applicable installation, administrative and Service fees, as well as any rental fees and any other fees identified to you upon placing your order for the Services, together with all taxes. All charges shown on the customer's bill are payable on the Due Date. If your bill is lost or your do not receive the bill, you are still responsible for making the required payment to us. We will begin collections proceedings immediately when your account becomes past due.

If Access Communications fails to bill or under-bills, we will correctly bill a customer within one year of the date the charge was incurred. Customers may negotiate payment arrangements on disputed amounts, under reasonable circumstances, and Access Communications will not charge a customer interest on the full amount of any correction. These restrictions do not apply if the error was the result of an action or representation by the customer.

If a Customer is over-billed for a reoccurring charge, Access Communications will credit the Customer back to the date of the error, subject to legal limitations. If a Customer does not dispute a charge within one year of the date of an itemized statement that shows the charge, the customer loses the right to have the excess credited for the period prior to that statement. Non-recurring charges that should not have been billed or were over-billed will be credited, provided the Customer disputes the amount within 150 days of the date of the bill.

Access Communications will not suspend or stop service for a disputed amount unless there exists reasonable grounds to believe the dispute is to avoid or delay otherwise rightful payment. If service is stopped for non-payment, reconnection charges will apply. If you are not satisfied with the handling of a dispute, please refer the matter to Access Communications Customer Care Manager for prompt action.

You are responsible to ensure that the billing information you provide Access Communications is accurate. You agree to promptly notify us of any changes in your billing information.
Payment Options
Your bill can be paid by:
Pre-authorized cheque or pre-authorized credit card;
Internet or telephone banking;
Mail to Access Communications 2250 Park Street, Regina, Saskatchewan, S4N 7K7;
At most chartered banks, trust companies, or credit unions;
At our offices (see list of our locations at the end of the terms) by cash, cheque, debit card, Interac, Visa, MasterCard; or
At our 24 hour night deposit box at 2250 Park Street, Regina.
Overdue Accounts
Any balance unpaid after the Due Date may be subject to a late payment charge of 2 percent per month. This rate may be revised by Access Communications at any time upon 30 days notice. An administration fee will be levied if your credit card or pre-authorized payment is denied or if your cheque is returned. A fee will be charged if administration and/or account processing activities have occurred due to non-payment. Mailed payments and payments made through third party institutions will be credited on the date the payment is received by Access Communications.
Payment Time Limit
Outstanding or unpaid charges are not considered past due until after the due date printed on the invoice.
Credit Inquiries
You authorize us (and those acting on our behalf) to request and obtain your credit history information from others. You also authorize us (and those acting on our behalf) to disclose credit history information regarding you and your Access Communications account to others. Pending approval of your credit, we may require you to satisfy certain activation requirements, which may include providing us with a security deposit and/or mandatory monthly credit card payment.
Limits
We may assign a credit limit on your account at any time. Service may be suspended or terminated at any time to any and all of your accounts if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. We also reserve the right to change your credit limit.

Access Communications reserves any and all rights, whenever we observe that the consumption by the Customer of incremental transactional services (such as Pay-Per-View movies or events, or long distance) exceeds a reasonable limit for such services, as determined by Access Communications in its sole judgement, to temporarily suspend or restrict the Customer's access to those services and/or any other services related thereto, without any notice or delay. The Customer will then have the obligation to contact Access Communications Customer Care Department, which may at that time require from the customer a payment to cover the cost incurred by prior excessive consumption of those services, enabling the Customer to have access again to such services. In such cases, the charges can be considered past due three days after they are incurred or three days after we request payment, whichever is the later date.
Security Deposit
We may require a security deposit from you at any time. In twelve-month intervals or whenever the customer requests, we will review the appropriateness of your security deposit. Your security deposit will be credited to your account after at least 12 consecutive months in good standing on all your accounts with us. You will not earn interest on any security deposits held by us. If your services are terminated, we will apply the security deposit against any outstanding balance on your account(s) and refund any remaining balance to you.
ACCEPTABLE USE OF SERVICES
Your use of the Services must comply with these Terms of Service and all applicable laws and regulatory requirements. Without limitation, you may not, directly or indirectly:
use the services or any of our equipment: (i) for any purpose that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, federal or international law, or for the purposes of encouraging or assisting others to do any of the foregoing; (ii) to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications; (iii) to invade another person's privacy or collect or store personal data about other users of the services; (iv) to stalk or otherwise harass another; (v) to harm minors; (vi) to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive; (vii) to unlawfully promote or incite hatred; (viii) to transmit, disseminate or otherwise make available objectionable information; (ix) to transmit, disseminate or otherwise make available information protected by copyright, or other proprietary or contractual right, or related derivative works, without obtaining prior permission of the copyright owner or right sholder;
restrict, inhibit or interfere with the ability of any other person to use or enjoy the services, or create an unusually large burden on our network, including, without limitation, distributing mass or unsolicited communications, or otherwise generating levels of traffic sufficient to impede others' ability to use the services;
abuse or fraudulently use the services;
alter, modify or tamper with the services, our equipment, our facilities and/or our network;
remove the equipment from your premises without our prior consent;
f. disrupt our cable network; interfere with digital networking or telecommunications service to or from any services user or network; or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver the services; or
assign, resell or transfer the services or equipment to any other person for any purpose or receive, directly or indirectly, any charge or benefit for the use of the Services, without express written permission from us.
EQUIPMENT AND SOFTWARE
You agree that the equipment installed or provided by Access Communications shall remain the property of Access Communications, except for equipment purchased and paid for by you. The equipment is provided solely for your use of the Services and you may use the equipment only at the address you have indicated to us at the time you subscribe to the services. You will not relocate the equipment to another address without Access Communications' prior written consent. You may not mortgage, sell, lease, encumber or assign our equipment. You will take reasonable steps to protect our equipment. You will pay the full replacement costs of any lost, stolen, unreturned, damaged, defaced, mortgaged, sold, leased, encumbered or assigned equipment, together with any costs we incur in obtaining or attempting to obtain possession, to repair and/or to replace the equipment, plus applicable taxes. You hereby authorize Access Communications to charge your credit card account or your preauthorized payment authorization, in payment for all Equipment charges.

Any software or documentation we provide to you remains our property. You will take reasonable steps to protect any software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using any such software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of your Services.

SERVICES INTERRUPTION; ACCESS COMMUNICATIONS' RIGHT OF ENTRY
Access Communications and/or its agents may interrupt and/or make inspection of the equipment and/or the services at any time for any duration of time, without notice or liability to you in order to install, inspect, repair, replace or to perform necessary maintenance on its equipment, its facilities and/or network, or for other technical reasons as may be required.

Before entering inside the customer's premises, Access Communications must obtain permission from the customer or other responsible person who is at the premises and who reasonably appears to have authority to permit entry. Permission for entry is not required in cases of emergency or where entry is required pursuant to court order.

All our employees and agents carry identification cards that clearly bear the name of the Access Communications, the employee's or agent's picture and identification number. You should refuse entry of anyone claiming to be our representative who does not have such a card.

LIMITATIONS ON SERVICES' AVAILABILITY
You acknowledge and understand that the Services may not function correctly, or at all, in the following circumstances: (i) if the Equipment fails or is not configured correctly; (ii) in the event of a cable network outage or power failure; (iii) if you tamper with or move your Equipment to a location other than your service address; and/or (iv) following suspension or termination of your Services account(s).

TERM
Your subscription to the services shall continue indefinitely until terminated or cancelled by you or us pursuant to the provisions in the terms of services or in accordance with applicable law.

CUSTOMER INITIATED TERMINATION OR CHANGE OF SERVICES
Access Communications is a competitive service provider. With high standards and a commitment to excellent service, we understand that our customers always have the right to terminate or change services with us.

In the event that your Service is terminated prior to the end of the service agreement period, the Customer may be obligated to reimburse us for costs in lieu of honouring a minimum contract term. In no case will reimbursement exceed the normally-priced value of the product consumed by customers or the quoted installation or other charges negotiated at the inception of service.

In most cases, termination of services will occur on the date requested by the customer and the following will govern our treatment of this termination or change:
The customer will give us 30 days advance notice to terminate or change services;
The customer will permit us access to their premise to remove equipment if required;
Applicable charges will continue until all equipment has been returned to us. The purchase price for each piece of unreturned equipment will be charged to your account. These will be reversed if the equipment is returned in re-usable condition; and
The customer agrees to return all equipment owned by us to us, including without limitation any software provided by us. When circumstances require, the customer will return or destroy any intellectual property belonging to us as agreed between the parties.
ACCESS COMMUNICATIONS INITIATED SUSPENSION OR TERMINATION OF SERVICES
Access Communications promises to only suspend or terminate service when a customer:
Fails to pay an account that is past due, provided it exceeds $50.00 or has been past due for longer than 2 months;
Fails to provide or maintain a reasonable deposit when required to do so in accordance with Access Communications' policy outlined above;
Fails to comply with the terms of a deferred payment agreement;
Repeatedly fails to provide us with reasonable entry and access at reasonable hours to install, inspect, repair and maintain, and remove its equipment, facilities and/or network , and to perform necessary maintenance in cases of network-affecting disruptions;
Uses or permits others to use any of our Services or Equipment so as to prevent fair and proportionate use by others;
Uses or permits others to use our Services or Equipment for a purpose or in a manner that is contrary to law or to these Terms of Service, or for the purpose of making annoying or offensive communications for the purpose of disrupting service to others;
Re-arranges, disconnects, removes, repairs or otherwise interferes with, except in cases of emergency, equipment;
Fails to provide payment when requested by us; or
Fails to respond to attempts by us to contact the customer when usage-based services, such as long distance and Pay-Per-View, reveal unusual or abnormal use patterns or we have reason to suspect fraudulent use of services.
Access Communications will not suspend or terminate services when:
A customer is prepared to enter into a reasonable deferred payment agreement; or
There is a disputed amount that would cause suspension or termination, provided payment is made for undisputed outstanding amounts and we do not have reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
Prior to suspension or termination of service, Access Communications will provide reasonable advance notice, stating:
The reason for the planned suspension or termination and the amount owing (if any);
The scheduled suspension or termination date;
That a reasonable deferred payment agreement can be entered into (where the reason for termination or suspension is non-payment);
The reconnection charge;
The telephone number of our representative with whom any dispute may be discussed; and
That unresolved disputes may be referred to the Customer Care Manager.
In addition to the notice described above, we will, at least 24 hours prior to suspension or termination; advise the customer or a responsible person that suspension or termination is imminent, except where:
Repeated efforts to advise have failed;
Immediate action must be taken to protect Access Communications from network harm resulting from customer provided equipment or behaviour; or
The suspension or termination occurs by virtue of a failure to provide payment when requested and we have reasonable grounds to believe that there is an attempt to defraud the company or an exceptional risk of loss exists.
Suspension or termination does not affect the customer's obligation to pay any amount owed to Access Communications. Services that have been suspended or terminated will be billed on a daily pro-rated basis up to and including the day of suspension or termination. We appreciate every customer and will restore services without undue delay where the grounds for suspension or termination no longer exist. Reconnection charges will apply. If you are an Access Communications Digital Phone subscriber, we cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of Services.

Where it becomes apparent that suspension or termination occurred in error, we will restore services as soon as possible, during business hours on the next working day at the latest, unless exceptional circumstances do not permit this, and no reconnection charges will apply.

LIMITATION OF LIABILITY
Unless otherwise specifically provided in these Terms of Service, Access Communications will not be liable to the customer or to any third party for any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the service by the customer or any other use of the Equipment or Service, or otherwise in connection with these Terms of Service, including without limitation, any damage resulting from or arising out of the customer's reliance on or use of the Equipment or Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or Service, or any claim that the use of the Equipment or Services by the customer or a third party infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy or other industrial or intellectual property rights or contractual rights of any third party.
The foregoing limitation of liability, and all other limitations and exclusions of liability in this Agreement apply to the acts, omissions, negligence and gross negligence of Access Communications, its officers, employees, agents, contractors or representatives, and apply in respect of any claims, losses, actions, demands, damages, suits or proceedings, whether based on breach of contract, tort (including negligence), infringement of patents, copyrights, trade secrets or other such rights, breach of a fundamental term, fundamental breach, strict liability or otherwise.
The customer's sole and exclusive remedies under these Terms of Service are as expressly set out in these Terms of Service. In no event shall Access Communications' liability under this Agreement exceed a refund, upon written request from customer, of charges for the affected service proportionate to the length of time a problem existed with such service.
The customer hereby agrees to indemnify Access Communications, its suppliers, shareholders, officers, directors, employees and agents (for whom in this regard Access Communications is acting as trustee and agent) from and against any and all claims, losses, actions, demands, damages, suits, proceedings, costs, expenses and liabilities, including legal fees, which may be made against, suffered or incurred by any or all of them arising out of or in connection with any improper or unauthorized use by customer or third parties of the equipment or service, and any other breach by the customer of this Agreement.
Notwithstanding any other provision in these terms, Access Communications shall not be responsible for any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service, for outages resulting from technical or equipment problems occurring outside of the network, planned outages intended for maintenance or repair, or any outages caused by circumstances beyond its control, including without limitation, Acts of God, power failures, extreme weather, riots or civil war, any law governmental order, decision or regulation, any order of a court of competent jurisdiction or work stoppages.
The provisions of the above clauses shall survive the termination of this Agreement between the Customers and Access Communications.
NO WARRANTY
ALL EQUIPMENT AND SERVICES ARE PROVIDED BY ACCESS COMMUNICATIONS '�' AS IS '�' AND '�' AS AVAILABLE '�', WITHOUT WARRANTY OF ANY KIND. ACCESS COMMUNICATIONS DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE USE OR OPERATION OF THE EQUIPMENT OR SERVICES. ACCESS DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO THE SUBSCRIBER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR PURPOSE AND MERCHANTABLE QUALITY AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

PRIVACY
Access Communications Cooperative Limited is a non-profit organization which provides local community programming, cable television, Internet access, digital telephone and data and other communications services to residences and businesses to Regina, White City and Emerald Park, Regina Beach, Estevan, Weyburn, Yorkton, Melville, Meadow Lake, North Battleford, La Ronge and surrounding areas. As a not-for-profit community-owned co-operative, 100 percent of its earnings are reinvested in the communities it serves.

Access Communications requires certain personal information from customers in order to conduct its business. Such personal information is gathered and stored so the company can effectively provide services to its customers, whether the company already offers those services or contemplates offering them in the future. We want to assure our customers that Access Communications complies fully with the Personal Information Protection and Electronic Documents Act.

Personal information is information about a particular individual. This includes information about the products and services you use. The term includes, but is not limited to, the name, address, telephone number, gender, credit rating and other personal information of an individual.

Access Communications collects personal information only for the following purposes:
To establish and maintain business dealing with you as a customer;
To understand and be able to offer you as a customer competent and valuable levels of services;
To manage and develop our operations, including personnel and employment matters;
To meet legal and regulatory requirements.
Access will not use your personal information for any other purpose without your consent. We do not sell personal information to any other party and we require and expect any third party that does business with us treat personal information with the same care that we demand of ourselves.

GENERAL
Service Modifications
Access Communications may at any time and from time to time amend or modify these Terms of Service and/or any fees, features or other aspects of the services provided upon notice to you and without your consent. Notification may be provided using one or more of the following methods: (i) postcard or letter mailed to your billing or service address; (ii) bill message or insert; (iii) Email to one or more of your Access Communications email accounts; (iv) recorded announcement; (v) posting on www.accesscomm.ca; (vi) call to your billed telephone number; (vii) newspaper ad; or (viii) speaking to you or leaving a message for you. If you do not agree to any such amendments or modifications of these Terms of Service and/or any fees, features or other aspects of the services, your sole and exclusive remedy is to immediately stop using the services and terminate your services. Your continued use of the services following such notice means you agree to such amendments and modifications. You can review the most current version of these Terms of Service at www.accesscomm.ca or by requesting a copy from Customer Service, Access Communications Co-operative Ltd., 2250 Park Street, Regina, SK S4N 7K7.

Governing Law
These Terms and Conditions of Service are governed exclusively by the laws of Saskatchewan and Canada applicable therein.

Entire Agreement
These Terms of Service, together with any completed and signed Pre-Authorized Payment form, published rates for the services, invoice terms, and any guides or manuals that we may provide to you regarding your services, all as amended from time to time, constitute the entire agreement between you and Access Communications for the services and supersede all prior agreements, written or oral. If any portion of these Terms of Service is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of these Terms of Service does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of these Terms of Service. These Terms of Service enure to the benefit of and are binding on you and your heirs and legal personal representatives.

CONTACTING ACCESS COMMUNICATIONS
There are a number of ways a customer can reach us:
Web access: www.accesscomm.ca
Telephone: 306-569-2225 (customer care) or 306-569-2220 (technical support)
Toll-free at 1-866-363-2225
Email: info@accesscomm.ca
In person at 2250 Park Street, Regina; or
1229 Fourth Street, Estevan; or
120 Tenth Avenue, Weyburn, or
22 Sixth Avenue N., Yorkton; or
1192 99 Street, North Battleford; or
205 120 Boardman Street, La Ronge
Mail Access Communications Cooperative Ltd.
2250 Park Street
Regina, SK S4N 7K7
Our goal is to meet and to exceed your expectations. We welcome opportunities to improve our service.

If you are not satisfied with our response to any issue, you may contact the Canadian Radio-television and Telecommunications Commission (CRTC). This agency of the Government of Canada is independent of Access Communications and regulates the activities of companies like us which offer telecommunications services to the public.

The CRTC address is:
The Secretary General
Canadian Radio-television and Telecommunications Commission
Ottawa, ON K1A 0N2

We would ask you to copy us on any correspondence with the CRTC concerning our services at one of the addresses above.

ACCESS DIGITAL PHONE — ADDITIONAL TERMS OF SERVICE
Aside from maps and/or information that detail service areas and free calling zones, Access Communications will always maintain the following information readily available for the public:
Details of all service options and pricing;
Details of all applicable service charges, including installation charges; and
Details of Long Distance Plans and pricing and Customer options regarding variable and usage charges.
Customer Liability for Calls and Usage
The Customer is liable to Access Communications for all calls originating at the Customer's telephone, regardless of who may originate such calls; as well the Customer is liable for all calls received at the customer's telephone, and for the charges for calls accepted by any person receiving such calls, regardless of who may accept such calls and charges.

Blocked Access to our Network
We may immediately, and without notice, block access to our network from, and/or restrict call termination to particular phone numbers where we are experiencing significant amounts of toll fraud.

Telephone Numbers, Access Codes, PIN's
Customers do not have any property rights in telephone numbers, access codes or PIN's assigned to them. Access may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the Customers in question, stating the reason and anticipated date of change.

Telephone Directory/Directory Assistance
We will make your name, address and telephone number(s) available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with CRTC requirements. We will not be liable to you or to any third party for any error or omission in any telephone listings, including, without limitation, any error or omission regarding telephone numbers(s), individual name(s) and/or corporate name(s).

Non-published Numbers
You may opt to have your name, address and telephone number listing information omitted from these directories/services by requesting, and paying for, an unlisted telephone number. Subject to the 9-1-1 system operator exception described below, if you have requested an unlisted telephone number, we will not provide your listing information to any directory service or to providers of operator services. However, we cannot guarantee that these services and/or providers will not otherwise receive or obtain your telephone number(s) and address from a source other than us. Your name, address and telephone number(s) will be accessible by 9-1-1 system providers, even if you have requested, and paid for, an unlisted telephone number.

Emergency 9-1-1 Service
Access Communications is directly connected to the E 9-1-1 system. A 9-1-1 call is directly routed to the Public Service Answering Point (PSAP). Digital telephone service with us is delivered through a device called an Embedded Multimedia Terminal Adapter (EMTA); the EMTA is professionally connected by us at the time of installation and shall remain where this service was initially installed. If necessary, a 911 PSAP dispatcher will cause emergency responses from fire, police, and/or ambulance to be dispatched to the address given to Access Communications by the customer at the time telephone service is ordered. To ensure appropriate 911 responses (and for other technical reasons), the EMTA should not be disconnected or moved without notifying Access Communications.

The Customer understands that any breach hereof may result in the 9-1-1 emergency services being unavailable. We are not liable to you or to any third party for your failure to comply with this requirement. 911 services will only be unavailable in the event of a disruption or other unavailability of the services:
if your equipment fails or is not configured correctly;
if you disconnect the equipment from a power source;
in the event of a cable network outage or power failure;
if you tamper with or move your equipment to a location other than your service address; and/or
following suspension or termination of your service account(s).
THE CUSTOMER ACKNOWLEDGES THAT IN NO EVENT SHALL ACCESS COMMUNICATIONS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE OPERATION OF THE 911 SERVICE

Special Needs Service
Access Communications offers 24 hours a day Message Relay Service. This service is available for the hearing impaired and can be accessed by dialling 7-1-1.


ADDITIONAL TERMS - ACCESS SECURE MONITORING SERVICE

Consent to Subcontracting, and to the Disclosure and Use of Personal Information
You acknowledge that Access Communications Cooperative Ltd may subcontract its obligations to provide monitoring Services hereunder to another entity (the Contractor). By execution of this Agreement, you consent to such an arrangement and consent to the disclosure by the Access Communications to the Contractor of any and all information in the possession of the Access Communications related to:
a. you (including, but not limited to, name, address and phone number);
b. the alarm system purchased by you from Access Communications and any subsequent upgrades or changes (the System);
c. the premises in which the System is installed (the Premises), and
any and all other information that may reasonably required by the Contractor to provide the Monitoring Service such as Keyholder schedules, special instructions, etc. You also consent to the use by the Contractor of all such information for the purpose of providing Monitoring Services. You also agree that the Contractor may rely upon the protections afforded to the Contractor in this Agreement notwithstanding that the Contractor is not a signatory hereto

.Communication Facilities
You acknowledge that you are aware that no alarm system can guarantee prevention of loss, that human error on the part of Access Communications or the municipal authorities is always possible, and that an alarm signal may not be received if the transmission mode is cut, interfered with, or otherwise damaged or non-operational for any reason.
- Authorization-You authorize Access Communications to make requests for information, service, orders or equipment in any respect on your behalf to a telephone company or other entity providing facilities or services for transmission of signals under this Agreement.
- Digital Communicator You understand that if a digital communicator is installed under this Agreement, it uses standard telephone lines as the transmission mode of sending signals.
- Radio/Cellular/Internet If connection to the Monitoring Centre is to be by any radio frequency, cellular method or internet transmission then you understand that due to the very nature of cellular, radio and internet transmissions that there may be times when the System is unable to secure, maintain or retransmit an alarm signal and, thus, the utilization of an additional communications means is recommended.

Monitoring
Provided you are not in default hereunder, then upon receipt of an alarm signal from the System at the Monitoring Centre, Access Communications or its Contractor will endeavour to contact the Premises by calling the Premises telephone number to verify the alarm. If the Monitoring Centre attempts to contact the Premises but is unable to do so, or if the Monitoring Centre is not satisfied with the nature of the response received upon such contact, the sole responsibility of the Monitoring Centre will be to make reasonable efforts to provide notification of the alarm promptly to one of the police, fire, other authority or private alarm response company (as appropriate) by telephone or other communication means, and to endeavour to notify promptly, or as soon as practicable, an authorized Keyholder by telephone. The appropriate party to notify shall be as determined by the Monitoring Centre, acting reasonably, and shall be hereafter referred to as the Authority. It is understood that if the Authority refuses to respond to the alarm, or if the Monitoring Centre has reason to believe that the Authority will refuse to respond to the alarm, the Monitoring Centres sole responsibility is to endeavour to notify promptly, or as soon as practicable, a Keyholder by telephone.

If holdup, panic button or carbon monoxide alarm service is furnished under this Agreement, the sole responsibility of the Monitoring Centre on receipt of such signal from your Premises will be to transmit the alarm promptly to the headquarters of the Authority.

The Monitoring Centres obligations under this section cease once the Authority and/or the Keyholder (as applicable) have been notified by telephone or other communication means, or where the Monitoring Centre has made reasonable attempts at such notification but due to circumstances beyond the Monitoring Centres reasonable control, notification was not made.

Subscribers Responsibilities
a. Communication charges-You shall pay all charges for the use of telephone lines or other transmission media necessary or appropriate for the proper operation of the System and signaling transmission to the Monitoring Centre.
b. Repairs - You shall do all things as may be reasonably necessary to ensure the adequate condition and/or functioning of the System on the Premises and acknowledge that you are responsible for the insurance and maintenance of the System. If, in Access Communications sole and absolute opinion, the System in the Premises is not being maintained in an adequate condition of repair and function, Access Communications may suspend or terminate this Agreement upon written notice to you. Subscriber agrees to pay Access Communications the cost of all repairs, changes or additions to the System, made at the request of subscriber or made necessary by renovations or alterations in the Premises, property or equipment. If the System is added to, subscriber shall pay Access Communications prevailing installation and service charges for additional equipment.

c. Termination - Upon termination of this Agreement for any reason, you shall promptly notify your insurer(s). Upon termination, Access Communications shall have the right to enter the Premises upon reasonable notice to you to reprogram your automatic dialing service so as to prevent the Monitoring Centre from receiving any further alarm signals. Failure to do so will result in ongoing charges for the Service which is your responsibility.

Keyholders
Upon execution of this Agreement, you shall provide Access Communications with a Keyholder Schedule which will set out a list of the names and individual phone numbers of all persons who shall have the right to enter the Premises (together with passwords to authenticate their identity) and who may be called upon for a key to enter your Premises (the Keyholders). This Keyholder Schedule may only be changed upon written notification to Access Communications. You agree to respond or to have your Keyholder respond, with keys, to the Premises, if his/her attendance is requested by Access Communications or the Contractor. You shall contact the Monitoring Center of the Contractor (Monitoring Center) at 1-866-949-0078 for the purpose of testing the operation of the System from time to time on a periodic basis.

Insurance
It is understood that:
a. neither Access Communications nor any Contractor it retains to perform Monitoring Service hereunder is an insurer and insurance, if any, shall be your responsibility; and
b. the amounts payable to Access Communications hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of your property or property of others located in your Premises. The fees charged by Access Communications to you reflect the allocation of risk herein and the limited recourse to Access Communications and its Contractor as provided for in this Agreement. You agree to look exclusively to your insurer to recover for injury or damage in the event of any loss or injury and releases and waive all right of recovery against Access Communications and/or the Contractor arising by way of subrogation. You expressly waive any right to pursue Access Communications and/or the Contractor for any loss and agree to indemnify Access Communications and/or the Contractor in accordance with the indemnity provision herein in the event its insurer pursues Access Communications and/or the Contractor for any reason.

False Alarms
You shall at all times carefully and properly set the System. You shall immediately notify Access Communications and the Monitoring Center at 1-800-782-8419 to report any claims of inadequacy and/or failure of the System, or upon accidentally causing an alarm signal to be transmitted or activating the alarm. You shall be liable for all false alarms originating from the System, for whatever reason, and shall assume the cost of and, if applicable, reimburse Access Communications and its Contractor for any fines or other charges imposed on you and/or Contractor by any third party including any municipality, government, police or fire department, government agency, private alarm company or public utility, as well as the cost of any services that Access Communications or the Contractor is obliged to render in connection therewith.

ADDITIONAL TERMS-ACCESS SECURE EQUIPMENT

You hereby agree to lease or purchase from Access Communications and Access Communications agrees to sell or lease to you and install at the Premises, the equipment described in these Terms of Service herein.

Payments
All installation charges, equipment purchase costs and taxes must be paid prior to the installation date.

Installation
a. You authorize Access Communications to install the System at the Premises including transmission boxes and wiring connections necessary to transmit signals from the Premises to the Monitoring Centre, and to make all necessary preparations such as drilling holes, driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the System. You agree to provide for lifting and replacing carpeting, if required, for installation of floor mats or wiring, and agree that Access Communications shall not be responsible for any such matters. Access Communications intends, generally, to conceal wiring in the finished areas of the Premises, however, there may be areas in which due to construction, decoration, or furnishing of the Premises, Access Communications determines, in its sole discretion, that it would be impractical to conceal the wiring and in such cases, wire will be exposed. The System shall be located and used at the Premises and not elsewhere without the prior written consent of Access Communications.
b. On the installation date specified on the reverse hereof, you will make the Premises available without interruption for Access Communications.
c. You represent and warrant that you have, or will have, at the time of installation, appropriate and sufficient electrical outlets and telephone connections as required for the proper operation of the System.
d. You shall ensure that a working telephone line is available at the Premises. If during installation of the System, the Access Communications installer discovers that a working telephone line is not available at the Premises; Access Communications may terminate this Agreement.
e. You warrant to Access Communications that you (i) have requested the System for your own use and not for the benefit of any third party; (ii) own the Premises in which the System is being installed, or has received the necessary permission to have the System installed from the Premises owner / landlord; (iii) have reasonable fire, theft and general liability insurance; and (iv) will inform yourself of the existence of and will comply with all laws, codes and regulations pertaining to the System that are the subject of this Agreement.
f. Access Communications and its agents are authorized, but shall not be obligated, to make such inspections and tests of the System as from time to time Access Communications may deem necessary. It is mutually agreed that the work of installation, service, periodic inspections and tests shall only be performed between the hours of 8 oclock a.m. and 5 oclock p.m. exclusive of Saturdays, Sundays and Access Communications observed holidays.

Safety
Access Communications shall comply with your on-site safety requirements where applicable. Any protective clothing or special equipment required as a result of your requirements shall be provided by you at no cost to Access Communications. Access Communications reserves the right to refuse to commence or continue any work which in its opinion would have to be done in hazardous conditions. Access Communications shall not be responsible in any way to you for any refusal to work in or adjacent to hazardous conditions.

Title
For all subscribers, Access Communications shall have the right, without any liability to you, to repossess the System, with or without notice and with or without judicial proceedings, if you default in any required payments as set out herein. Any damage to the Premises caused by repossession of the System by Access Communications pursuant to this provision shall be the responsibility of you, not Access Communications. You assume all risk of loss of, or damage to, the System following its delivery.For Purchase Subscribers, title to and property in the System shall remain in Access Communications until the Total Purchase Price has been paid in full and if paid by cheque, the cheque has cleared the customers account. For Lease to Own Subscribers, all leases are for a term of 36 months starting from the installation date. All lease agreements are subject to an approved credit check. Throughout the term of the lease, title to the System shall remain the sole property of Access Communications. If after the 36 month lease term the Lease Subscriber is not in default of any of his/her obligations of this Contract and the Monitoring Centre and whose account is current; then the title of the System shall be transferred to the Subscriber. If this Agreement is terminated prior to the expiry of the term of the lease the Lease Subscriber shall pay to Access Communications an amount equal to the balance of the monthly lease payments remaining in the term. The Lease Subscriber acknowledges and agrees the System will be transferred on an AS IS, WHERE IS basis exclusive of any warranties or guarantees, whether express or implied, statutory or otherwise except as expressly set forth in this agreement.In addition, Lease to Own Subscribers shall
a. have no right of property in the leased equipment except the right to use such equipment upon the terms and conditions of this Agreement;
b. not remove, deface or obscure any labels on the rented equipment which indicate that Access Communications is the owner;
c. not part with possession of the System nor remove the same from the Premises;
d. keep the leased equipment in good condition free of all levies, liens and encumbrances; and
e. not attach to or use with the leased equipment in any way any equipment, apparatus, circuits, devices or services not provided by Access Communications, whether physical, by induction or otherwise, except as permitted by Access Communications.

WARRANTY FOR SYSTEM

A. NEITHER ACCESS COMMUNICATIONS NOR CONTRACTOR WARRANTS THAT THE OPERATION OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN C. BELOW, ACCESS COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE IS NO WARRANTY FROM ACCESS COMMUNICATIONS OR ANY CONTRACTOR IT RETAINS TO PERFORM MONITORING SERVICES THAT THE SYSTEM OR THE MONITORING SERVICE PROVIDED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THERE FROM, WHICH THE SYSTEM IS DESIGNED TO DETECT.
B. YOU ACKNOWLEDGE THAT YOU ARE PURCHASING EACH ITEM OF EQUIPMENT BASED ON YOUR OWN JUDGMENT AND WITHOUT RELIANCE ON ACCESS COMMUNICATIONS, AND THAT NOTHING IN THIS AGREEMENT IS INTENDED TO OPERATE OR HAVE THE EFFECT OF A SALE OF SERVICES OR PARTS BY DESCRIPTION. YOU CONFIRM THAT WITHOUT THIS PROVISION, ACCESS COMMUNICATIONS WOULD NOT HAVE ENTERED INTO THE AGREEMENT.
C. ACCESS COMMUNICATIONS WARRANTS THE PARTS CONTAINED IN THE SYSTEM AND THE WIRING OF THE SYSTEM AGAINST DEFECTIVE PARTS AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF INSTALLATION, AND WARRANTS ALL LABOUR PERFORMED UNDER THIS AGREEMENT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF INSTALLATION. THE WARRANTY EXCLUDES BATTERIES, ESTHETIC IMPROVEMENTS TO THE SYSTEM, ADDING PARTS TO EXISTING SYSTEM, MOVING, RELOCATING OR DISCONNECTING THE SYSTEM. ACCESS COMMUNICATIONS FURNISHES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SYSTEM AND THE INSTALLATION, MAINTENANCE OR REPAIR OF THE SYSTEM. UPON NOTIFICATION OF A DEFECT DURING THE WARRANTY PERIOD, ACCESS COMMUNICATIONS SHALL HAVE THE OPTION TO REPAIR OR REPLACE THE DEFECTIVE PARTS OF THE SYSTEM AS INSTALLED AT NO EXTRA COST EXCEPT IN THE CASE OF CARELESS USE OF THE SYSTEM BY YOU. IF ACCESS COMMUNICATIONS REMOVES ANY PART OF THE SYSTEM TO RESTORE THE SYSTEM TO GOOD WORKING ORDER, THE PARTS SO REMOVED BECOME THE PROPERTY OF ACCESS COMMUNICATIONS. THE REPLACEMENT PART SHALL BECOME PART OF THE SYSTEM. REPAIRS DURING THE WARRANTY PERIOD INCLUDE LABOUR, PARTS AND SUCH SERVICING AS MAY BE NECESSARY TO KEEP THE SYSTEM IN GOOD WORKING ORDER IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS. WARRANTY REPAIRS PERFORMED DURING THE WARRANTY PERIOD WILL BE RENDERED FREE OF CHARGE DURING ACCESS COMMUNICATIONS NORMAL WORKING HOURS ONLY (I.E. 8:00 A.M. TO 5:00 P.M., MONDAY TO FRIDAY, EXCLUDING ACCESS COMMUNICATIONS OBSERVED HOLIDAYS). REPLACEMENT PARTS SHALL BE THE MANUFACTURERS SUGGESTED REPLACEMENT COMPONENT FOR THE SYSTEM OR ITS FUNCTIONAL EQUIVALENT AND NEED NOT BE NEWLY MANUFACTURED BUT SHALL OPERATE AS IF IN NEW CONDITION. THE AFOREMENTIONED REPAIR OR REPLACEMENT SHALL BE YOUR SOLE EXCLUSIVE REMEDY.
D. ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY MAINTENANCE OR REPAIRS REQUIRED DUE TO, RESULTING FROM, OR IN ANY WAY RELATED TO:
I. ACCIDENTS, ACTS OF GOD, ABUSE, MISUSE OR INSTALLATION, REARRANGEMENT, RELOCATION, ALTERATION OR MAINTENANCE OF THE SYSTEM BY A PARTY OTHER THAN ACCESS COMMUNICATIONS, OR THE ATTACHMENT, INTERCONNECTION OR USE OF THE SYSTEM WITH ACCESSORIES, OR SERVICES NOT PROVIDED OR MAINTAINED BY ACCESS COMMUNICATIONS, OR DUE TO ANY CAUSE THAT IS EXTERNAL TO THE SYSTEM, OR DUE TO FAILURE ON YOUR PART TO CONTINUOUSLY MAINTAIN ADEQUATE ELECTRICAL POWER, AIR CONDITIONING, TEMPERATURE, HUMIDITY LEVELS, OR A SUITABLE OPERATING ENVIRONMENT FOR THE SYSTEM, OR DUE TO ANY CHANGES IN SPECIFICATIONS FOR THE SYSTEM, OR DUE TO ANY PROBLEMS REQUIRING SOFTWARE MODIFICATIONS, PROGRAMMING SUPPORT OR NEW SOFTWARE; OR
II. YOUR FAILURE TO PROPERLY CLOSE OR SECURE A DOOR, WINDOW OR OTHER POINT PROTECTED BY THE SYSTEM; OR
III. YOUR FAILURE TO PROPERLY FOLLOW OPERATING INSTRUCTIONS PROVIDED BY ACCESS COMMUNICATIONS; OR
IV. COMMUNICATIONS FAILURES; OR
V. TROUBLE DUE TO A POWER INTERRUPTION.

FURTHER, ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY MAINTENANCE OR REPAIRS IF YOU ARE UNABLE TO PROVIDE ACCESS COMMUNICATIONS OBSTACLE-FREE ACCESS TO THE SYSTEM, HAVE REMOVED THE SYSTEM FROM THE PREMISES FOR ANY REASON, IF ANY SYSTEM LABELS OF THE MANUFACTURER, ANY AUTHORITY HAVING JURISDICTION, OR OF ACCESS COMMUNICATIONS HAVE BEEN REMOVED, ALTERED, DEFACED, TAMPERED WITH OR ARE MISSING, OR IF ANY PAYMENTS REQUIRED TO BE MADE BY YOU TO ACCESS COMMUNICATIONS ARE IN ARREARS.
E. SHOULD YOU REQUEST, AND ACCESS COMMUNICATIONS AGREE, TO PERFORM MAINTENANCE OR REPAIRS IN ANY OF THE CIRCUMSTANCES DESCRIBED IN D., SUBSCRIBER AGREES TO PAY ACCESS COMMUNICATIONS PREVAILING CHARGES FOR LABOUR AND PARTS AS WELL AS ANY OTHER CHARGES NECESSARY TO BRING THE SYSTEM UP TO ACCEPTABLE STANDARDS IN ORDER THAT MAINTENANCE HEREUNDER MAY CONTINUE. ACCESS COMMUNICATIONS SHALL BE THE SOLE JUDGE AS TO WHAT CORRECTIVE OR OTHER REPAIRS ARE REQUIRED IN SUCH CIRCUMSTANCES. ACCESS COMMUNICATIONS SHALL NOT BE OBLIGED TO PROVIDE A TEMPORARY REPLACEMENT SYSTEM DURING THE PERFORMANCE OF ANY MAINTENANCE OR REPAIRS.

IT IS UNDERSTOOD THAT AFTER THE WARRANTY PERIOD, ACCESS COMMUNICATIONS WILL CHARGE ITS APPLICABLE CURRENT RATE FOR ALL PARTS WHICH HAVE BEEN REPLACED.
F. THIS WARRANTY IS NOT TRANSFERABLE.