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ACCESS COMMUNICATIONS GENERAL TERMS OF SERVICE

GENERAL

Access Communications Co-operative Limited (“Access Communications”, “we” or “us”) is a non-profit organization which provides local community programming, television, Internet access, telephone, home security and data and other communications services to residences and businesses in over 200 Saskatchewan communities.  As a not-for-profit community-owned co-operative, 100% of our earnings are reinvested in the communities we serve.

The provision of Access Communications’ services is subject to these Terms of Service.  By using any of Access Communications’ services, including television, Internet, telephone or home security 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 conditions 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 Customer shall be responsible for ensuring that the Services are used in accordance with this Agreement.

If the Customer does not agree with the Terms of Service of the Agreement, the Customer may exercise the right to terminate the Agreement according to the termination provision included herein and cease using the Services.

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) e-mail to one or more of your Access Communications e-mail accounts; (iv) recorded announcement; (v) posting on www.myaccess.ca; (vi) call to your billed telephone number; or (vii) newspaper advertisement.  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.myaccess.ca or by requesting a copy from Customer Service, Access Communications Co-operative Ltd., 2250 Park Street, Regina, SK   S4N 7K7.

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.

Access Communications, the Access Communications’ logo and certain product or service names are registered trade-marks or trade-marks of Access Communications Co-operative Limited.  You agree not to copy, display or use in any manner any of Access Communications’ trade-marks without Access Communications’ express prior permission.

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.

INVOICING, PAYMENT AND CREDIT POLICY

Invoicing

Access Communications will invoice you for the Services once per month; on either the 1st or the 15th of the month.  Regular monthly service fees are invoiced and payable in advance of receiving the Service, long distance and other usage charges are invoiced each month as close to the period of usage as possible and other non-recurring charges (for example, administrative fees and charges for unreturned equipment) are included on the invoice issued after the date the charge is incurred.  The date payment is due, hereafter referred to as the “Due Date”, is specified on the invoice.  For 1st of the month invoices, payments are due by the 25th day of the month, prior to the next billing.  For the 15th of the month invoices, payments are due by the 10th day of the month, prior to the next billing.

Any billing questions, disputes or discrepancies regarding charges or payments on your invoice must be reported to Access Communications within 60 days of the invoice date.  Failure to contact us within the time period will constitute acceptance of the invoice.  If you dispute any charges, you must still pay all undisputed charges.

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 invoice are payable by the Due Date.  Outstanding or unpaid charges are considered overdue if not paid by the Due Date.  If your invoice is lost or not received, you are still responsible for making the required payment to us.  We will begin collections proceedings immediately when your account becomes overdue.

You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by Access Communications to collect any amounts owing under these Terms of Service.

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 invoice can be paid by:

  • Pre-authorized bank withdrawal or credit card payment;
  • 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, Visa or MasterCard; or
  • At our 24 hour night deposit box at 2250 Park Street, Regina.

Mailed payments and payments made through third party institutions will be credited on the date the payment is received by Access Communications.

An administration fee will be levied if your pre-authorized bank withdrawal or credit card payment is denied or if your cheque is returned for non-sufficient funds.

Overdue Accounts

Any balance unpaid after the Due Date may be subject to a late payment charge of 2% per month (26.82% per annum).  This rate may be revised by Access Communications at any time upon 30 days notice.  A fee will be charged if administration and/or account processing activities have occurred due to non-payment.  Non-payment of overdue accounts may result in termination of the Services referred to thereon.  If a service call is required to restore any Customer’s Service which has been terminated for non-payment, an administration and/or reconnection fee will be charged.

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 pre-authorizing monthly credit card payments.

Limits

We may establish or change 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.

Access Communications reserves any and all rights, whenever we observe that the Services or related products (such as, and without limiting the generality of the foregoing, Pay-Per-View movies or events, Video on Demand movies or events, long distance usage or Internet data usage) consumed by the Customer 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, as applicable, a payment to cover the costs incurred by prior excessive consumption of those Services, enabling the Customer to have access again to such Services.  For the purposes of this Agreement any usage that restricts or inhibits other users from using or enjoying the Services in an adequate manner, creates an unusually large burden on the Access Communications’ network, generates levels of traffic impeding other users’ ability to transmit or receive information, or that could eventually result in significant amounts to be paid by the Customer related to the use of such Services or related products shall be considered as exceeding a reasonable limit.

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 and credit your security deposit to your account if all your accounts with us have been in good standing for at least 12 consecutive months.  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.

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.

IDENTIFIERS

Customers do not have any property rights in any identifier (e.g.  telephone numbers, access codes, PIN’s, e-mail addresses, account numbers, Web page addresses or IP addresses) assigned to them.  Access Communications may change such identifiers at its sole discretion.  Access Communications may provide advance notice to you of such changes, in the event that we consider it necessary to provide such notice.

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:

  1. use the services or any of our equipment:
    1. 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;
    2. to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications;
    3. to invade another person’s privacy or collect or store personal data about other users of the services;
    4. to stalk or otherwise harass another;
    5. to harm minors;
    6. to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive;
    7. to unlawfully promote or incite hatred;
    8. to transmit, disseminate or otherwise make available objectionable information;
    9. 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 rights holder;
  2. 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;
  3. abuse or fraudulently use the services;
  4. alter, modify or tamper with the services, our equipment, our facilities and/or our network;
  5. remove the equipment from your premises without our prior consent;
  6. disrupt our 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
  7. 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.

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 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.  If the customer is not the owner of the premises it is the customer’s responsibility to obtain and maintain access rights for the purpose of enabling Access Communications employees and/or agents to install, maintain and provide the services at such premises.  Permission for entry is not required in cases of emergency or where entry is required pursuant to a court order.

All our employees and agents carry identification cards that clearly bear the name Access Communications, as well as 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:

  1. if the Equipment fails or is not configured correctly;
  2. in the event of a network outage or power failure;
  3. if you tamper with or move your Equipment to a location other than your service address; and/or
  4. following suspension or termination of your Services account(s).

Access Communications does not warrant uninterrupted use of the services.

TERM

Your subscription to the services shall continue indefinitely until terminated or cancelled by you or us pursuant to the provisions in these Terms of Service or other written service agreement between you and Access Communications, 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 term, 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.

The customer may at any time cancel this Agreement upon reasonable advanced notice. The customer shall remain liable for the payment of all outstanding balances accrued up to the date of termination and the purchase price for each piece of unreturned equipment. The charge will be reversed if the equipment is returned in re-usable condition.

ACCESS COMMUNICATIONS INITIATED SUSPENSION OR TERMINATION OF SERVICES

Access Communications may restrict, block, 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;
  • Becomes bankrupt or insolvent;
  • 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;
  • Is in breach of any term or condition of these Terms of Service or of any additional Terms of Service applicable to the Services that you subscribe to;
  • Re-arranges, re-locates, alters, abuses, disconnects, removes, repairs or otherwise interferes with,  equipment;
  • Fails to provide payment when requested by us; or
  • Fails to respond to attempted contact by us when the consumption of usage-based services, such as long distance, video on demand 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 where the grounds for suspension or termination no longer exist.  Reconnection charges will apply.  If you are an Access Communications Telephone 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.

ARBRITRATION

To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statue or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:  a Service Agreement; the Services or Equipment; oral or written statements, advertisements or promotions relating to a Service Agreement, the Services or Equipment; or the relationships that result from a Service Agreement. 

You agree to waive any right you may have to commence or participate in any class action against Access Communications related to any claim where such waiver is permitted.  Where applicable, you also agree to opt out of any class proceedings against Access Communications.  If Access Communications has a claim, Access Communications will give your notice to arbitrate at your billing address.  If the claim relates to a matter that should be brought before the Canadian Radio-Television and Telecommunications Commission (CRTC) or other customer complaints body set up to address such matters, you agree that the CRTC or such body will resolve the claim.

PRIVACY

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.  In order to protect customer information, Access Communications has implemented policies and procedures which comply 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 dealings 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 to treat personal information with the same care that we demand of ourselves.

For more information about our privacy policy, please visit our website at www.myaccess.ca.

CONTACTING ACCESS COMMUNICATIONS

There are a number of ways a customer can reach us:

  • Web access: www.myaccess.ca
  • Telephone: 306-569-2225 (customer care) or 306-569-2220 (technical support)
  • Toll-free at 1-866-363-2225
  • E-Mail: customer.care@myaccess.coop
  • In person at 2250 Park Street, Regina; or
    • 1126 6th Street, Estevan; or
    • 120 Tenth Avenue, Weyburn; or
    • 22 Sixth Avenue N., Yorkton; or
    • 1192 99 Street, North Battleford; or
    • 712 Finlayson Street, La Ronge
    • 620 Saskatchewan Avenue, Melfort; or
    • 645 Main Street, Humboldt.
  • Mail Access Communications Cooperative Ltd.

    2250 Park Street
    Regina, SK   S4N 7K7

Our goal is to meet and 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 COMMUNICATIONS INTERNET SERVICE - ADDITIONAL TERMS OF SERVICE

In addition to the General Terms of Service, the following Terms of Service apply to the provision of Internet Service.

Computer Equipment Requirement

You are responsible for ensuring that your computing equipment meets the minimum equipment requirement identified by Access Communications, as may be amended from time to time.

Services Provided

The equipment provided by Access Communications (“Equipment”) will provide Customers with one or more of the following, collectively called the Services:

  1. Internet access;
  2. Email addresses;
  3. Web space on the Access Communications World Wide Web Server.

The Customer acknowledges that the Customer may incur charges while using the Service.  For example, charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings, via the Service.  The Customer agrees that all charges, including all applicable taxes, shall be paid by the Customer and are not the responsibility of Access Communications.

Prohibited Uses of Service

The Customer shall not use the Equipment or Services to directly or indirectly:

  1. Invade another person's privacy;
  2. Unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content which is unlawful, threatening, abusive, libelous, slanderous, defamatory, or otherwise offensive or objectionable;
  3. Unlawfully promote or incite hatred;
  4. Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulations;
  5. Access any Computer, software, data or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person;
  6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
  7. Copy, distribute or sublicence any software provided by Access Communications, except that the Customer may make one copy of each software program for back-up or archival purposes;
  8. Alter, modify or tamper with the Equipment or Services;
  9. Restrict, inhibit or otherwise interfere with the ability of any other person to use the Services or the Internet, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information; or probing another computer for open ports without the owner's permission;
  10. Disrupt the Access Communications network or services or cause a third party to do so;
  11. Resell the Service without a business package that explicitly permits you to do so.
  12. Use the Service for operation of an Internet Service Providers' business or for any other business enterprise in competition with any service offered by Access Communications; or
  13. Use the Equipment or Services in a way which results in spamming.

Engaging in one or more of these activities will result in action up to and including immediate termination of this Agreement without notice or recourse.  This Section shall not in any way limit Access Communications' rights of termination pursuant to other sections of this Agreement or of the Access Communications General Terms of Service.

BANDWIDTH

The Customer must ensure that their activity while using the Services does not improperly restrict, inhibit or degrade any other customer's use of the Services, nor represent (in the sole judgment of Access Communications) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.  In addition, the Customer must ensure that their activities do not improperly restrict, disrupt, inhibit, degrade or impede Access Communications’ ability to deliver the Services and monitor the Services, backbone, network nodes and/or other network services.  Access Communications reserves the right to set specific limits for Bandwidth Usage, enforce those limits and charge for excessive Bandwidth Usage for Services at any time.

Personal Pages

Customer may create personal pages on Access Communications’ World Wide Web server (the “Site”) on which the Customer can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials (the “Content”) for access by a global audience.  It is the Customer’s responsibility to regulate and control Content.

The Customer represents, warrants and covenants that the Content on the Site is suitable for publication on the Customer's personal page, is not libelous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders and other legal requirements.  The Customer acknowledges and agrees that, while Access Communications has no obligation to evaluate any Content or ensure the appropriateness or legality of such Content, Access Communications may decide to suspend or delete a Customer's personal page without notice or consent, if you violate this Agreement.  In addition, Access Communications may, in its sole discretion and in addition to such other actions as Access Communications may determine to be appropriate in the circumstances:

  1. issue a warning to the Customer;
  2. suspend access to some or all Services; or
  3. terminate this Agreement.

Access Communications' Rights

Access Communications has no obligation to monitor Service content.  However, the Customer acknowledges and agrees that Access Communications has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate properly, or to protect itself or its subscribers.  Access Communications reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.  Access Communications reserves the right to monitor all devices attached to its network, including customer equipment, via port-scans or any other non-intrusive means, in order to maintain the security of the network.  Access Communications also reserves the right to filter network traffic by port number in order to increase network security.

Access Communications' Retention of Rights

Nothing contained in this Agreement shall be construed to limit Access Communications actions or remedies in any way with respect to any of the foregoing activities, and Access Communications reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

Back-up Requirements

The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to the Customer's Computer.  Access Communications recommends that the Customer back-up all existing Computer files by copying them to another storage medium prior to installation of the Equipment.  Access Communications shall have no liability whatsoever for any damage to or loss or destruction of any of the Customer's software, files, data, or peripherals.

The customer also accepts full responsibility for maintaining backup copies of all files and data stored on Access Communications’ equipment, such as e-mail messages and data posted to personal pages.

Viruses

Software or other content accessed or downloaded using the Services may contain a virus, lock, key, bomb, worm, trojan horse, or other harmful or debilitating feature.  Access Communications shall have no liability whatsoever for any damage to or loss or destruction of any Customer software, files or data resulting from any virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature within software or other content accessed or downloaded by the Customer.

No Access Communications Liability for Content

The Customer should be aware that there is some content on the Internet or otherwise available through the Services which may be offensive to some customers, or which may not be in compliance with all local laws, regulations and other rules.  Access Communications assumes no responsibility for and exercises no control over the content contained on the Internet or otherwise available through the Services.  In particular and without limiting the generality of the foregoing, Access Communications neither censors nor monitors the legality of any such content.  All content accessed and used by the Customer is done so at the Customer's own risk, and Access Communications shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by the Customer.

No Access Communications Liability for Unauthorized Access

The Customer acknowledges that there are inherent risks associated with being connected to the Services, including the ability of other users of the Internet to access the Customer’s computing devices and data transmissions without the Customer’s knowledge.  The Customer accepts full responsibility for implementing mechanisms to prevent unauthorized access to the Customer’s computing devices, files contained thereon and data transmitted using the Services.  Access Communications shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to unauthorized access to the Customer’s computing devices, files contained thereon and data transmitted using the Services.


ACCESS COMMUNICATIONS TELEPHONE SERVICE - ADDITIONAL TERMS OF SERVICE

In addition to the General Terms of Service, the following Terms of Service apply to the provision of Telephone Service.

Relocation of Equipment

Telephone service is delivered using an adaptor which connects our network to telephone wiring within the customer’s premises.  This adaptor shall remain in the specific location on the customer’s premises where it was initially installed.

Customer Premise Equipment

The customer must provide and maintain all inside wiring and telephones used in conjunction with Telephone Service.

Customer Liability for Calls and Usage

The Customer is liable to Access Communications for all calls originating at the Customer’s telephone number, regardless of who may originate such calls; 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 telephone numbers where we are experiencing significant amounts of toll fraud.

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).

Subject to the 9-1-1 system operator exception described below, if you have requested and are paying for an unlisted telephone number, we will not provide your listing information to any directory publisher; or, if you have requested and are paying for a non-published telephone number, we will not provide your listing information to any directory publisher or to providers of operator services.  However, we cannot guarantee that these publishers 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 the Enhanced 9-1-1 (E 9-1-1) system, where E 9-1-1 service is available.  A 9-1-1 call is directly routed to the Public Service Answering Point (PSAP) serving the address provided to us by the customer when telephone service is ordered.  If necessary, a 9-1-1 PSAP dispatcher will cause emergency responses from fire, police, and/or ambulance to be dispatched to this address.  To ensure appropriate 9-1-1 responses, the adaptor 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.  9-1-1 services will only be unavailable in the event of a disruption or other unavailability of the services:

  1. if your equipment fails or is not configured correctly;
  2. if you disconnect the equipment from a power source;
  3. in the event of a network outage or power failure;
  4. if you tamper with or move your equipment to a location other than your service address; and/or
  5. following suspension or termination of your service.

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 9-1-1 SERVICE.


ACCESSSECURE - ADDITIONAL TERMS OF SERVICE

In addition to the General Terms of Service, the following Terms of Service apply to the provision of Security Monitoring and Security Equipment.

SECURITY MONITORING

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 Access Communications to the Contractor of any and all information in the possession of the Access Communications related to:

  1. you (including, but not limited to, name, address and phone number);
  2. the alarm system purchased by you from Access Communications and any subsequent upgrades or changes (the “System”);
  3. 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 Centre’s 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 Centre’s 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 Centre’s reasonable control, notification was not made.

Subscriber’s Responsibilities

  1. 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.
  2. Municipal charges - You shall pay all charges passed on to Access Communications from your municipality.
  3. 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.
  4. 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:

  1. 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
  2. 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.

SECURITY 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

  1. 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.
  2. On the installation date specified on the reverse hereof, you will make the Premises available without interruption for Access Communications.
  3. 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.
  4. 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.
  5. 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.
  6. 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 o’clock a.m. and 5 o’clock p.m. exclusive of Saturdays, Sundays and Access Communications observed holidays.

SAFTETY

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 customer’s 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

  1. have no right of property in the leased equipment except the right to use such equipment upon the terms and conditions of this Agreement;
  2. not remove, deface or obscure any labels on the rented equipment which indicate that Access Communications is the owner;
  3. not part with possession of the System nor remove the same from the Premises;
  4. keep the leased equipment in good condition free of all levies, liens and encumbrances; and
  5. 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

  1. 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.
  2. 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.
  3. 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 MANUFACTURER’S 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 MANUFACTURER’S 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.
  4. ACCESS COMMUNICATIONS SHALL HAVE NO OBLIGATION TO PERFORM WARRANTY MAINTENANCE OR REPAIRS REQUIRED DUE TO, RESULTING FROM, OR IN ANY WAY RELATED TO:
    1. 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
    2. YOUR FAILURE TO PROPERLY CLOSE OR SECURE A DOOR, WINDOW OR OTHER POINT PROTECTED BY THE SYSTEM; OR
    3. YOUR FAILURE TO PROPERLY FOLLOW OPERATING INSTRUCTIONS PROVIDED BY ACCESS COMMUNICATIONS; OR
    4. COMMUNICATIONS FAILURES; OR
    5. 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.

  5. 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.

  6. THIS WARRANTY IS NOT TRANSFERABLE

LIMITATION OF WARRANTY AND LIABILITY

  1. NEITHER THE DEALER NOR CONTRACTOR WARRANTS THE MONITORING SERVICE TO BE UNINTERRUPTED OR ERROR FREE. DEALER AND CONTRACTOR DISCLAIM 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 THE DEALER OR ANY CONTRACTOR IT RETAINS TO PERFORM MONITORING SERVICES HEREUNDER THAT THE SYSTEM OR THE MONITORING SERVICE PROVIDED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THERE FROM, WHICH THE SYSTEM OR MONITORING SERVICE IS DESIGNED TO DETECT.
  2. NEITHER DEALER NOR CONTRACTOR SHAL BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON CLAIMING THROUGH OR UNDER SUBSCRIBER FOR ANY LOSS, DEMAND, CLAIM, DAMAGE OR INJURY WHATSOEVER, NO MATTER WHERESOEVER OR HOWEVER CAUSED; NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF INCOME, LOSS OF PROFIT OR FAILURE TO REALIZE UNEXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS); ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES BEING PROVIDED UNDER THIS AGREEMENT, THE SUBSCRIBERS USE OR INTENDED USE OF THE SERVICES, OR THIS AGREEMENT. THE FOREGOING SHALL APPLY EVEN IF THE ALARM COMPANY OR ITS CONTRACTOR HAD BEEN ADVISED, HAD KNOWLEDGE OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS, DEMAND, CLAIM OR DAMAGE, AND REGARDLESS OF WHETHER THE CAUSE OF ACTION AROSE FROM BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR OTHERWISE), NEGLIGENCE OR ANY OTHER CAUSE OF ACTION IN LAW OR EQUITY.
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOREGOING LIMITATION OF LIABILITY INCLUDES BUT IS NOT LIMITED TO LOSSES, DEMANDS, CLAIMS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM:
    1. OCCURRENCES, OR CONSEQUENCES THERE FROM, WHICH THE SERVICE OR SYSTEMS PROVIDED HEREUNDER ARE DESIGNED TO DETECT OR AVERT;
    2. DEFECTS OR DEFICIENCIES IN THE SERVICES OR THE SYSTEM PROVIDED HEREUNDER;
    3. ANY DELAY IN RESPONSE OR NON-RESPONSE OF ANY AUTHORITY OR PERSONS (INCLUDING THOSE SET FORTH IN THE KEYHOLDER SCHEDULE);
    4. ANY FAILURE OF CONTRACTOR OR DEALER TO NOTIFY ANY KEYHOLDER OR AUTHORITY WHERE SUCH PARTY IS UNABLE TO DO SO BY REASON OR CAUSES BEYOND THE CONTROL OF CONTRACTOR OR DEALER;
    5. SUBSCRIBER'S PURCHASE, USE OR INTENDED USE OF THE SYSTEM OR MONITORING SERVICE WHETHER FORESEEABLE OR UNFORESEEABLE;
    6. CONTRACTOR OR DEALER FOLLOWING THE INSTRUCTIONS PROVIDED BY SUBSCRIBER OF THE STEPS TO TAKE IN THE EVENT OF AN ALARM SIGNAL; OR
    7. INACCURATE OR OUTDATED SUBSCRIBER INFORMATION.
    IF, NOTWITHSTANDING THE FOREGOING, DEALER AND/OR CONTRACTOR SHOULD BE FOUND LIABLE TO SUBSCRIBER, ITS AND THEIR LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THE COST PAID BY THE SUBSCRIBER TO THE ALARM COMPANY FOR THE SERVICES HEREUNDER OVER THE LAST 12 MONTH PERIOD, WHICH SHALL BE THE AGREED UPON DAMAGES AND SHALL BE SUBSCRIBER'S EXCLUSIVE REMEDY, AND SUBSCRIBER SHALL INDEMNIFY AND SAVE DEALER AND CONTRACTOR HARMLESS AGAINST ANY CLAIMS IN EXCESS OF THIS AMOUNT.

    DELAYS/FORCE MAJEURE NEITHER DEALER NOR THE CONTRACTOR ASSUME LIABILITY FOR INTERRUPTIONS OR DELAYS IN THE SERVICES PROVIDED HEREUNDER OR THE FAILURE TO PROVIDE SERVICES WHERE SUCH INTERRUPTION, DELAY OR FAILURE WAS DIRECTLY OR INDIRECTLY CAUSED BY STRIKE, RIOT, FLOOD, FIRE, ACTS OF GOD, ANY ACTS (OR FAILURE TO ACT) OF ANY GOVERNMENTAL AUTHORITY, SEVERE WEATHER CONDITIONS OR ANY OTHER CAUSES BEYOND THEIR RESPECTIVE CONTROL, WHETHER FORESEEABLE OR UNFORESEEABLE INCLUDING WITHOUT LIMITATION, THE INTERRUPTION OR BREAKDOWN OF THE SYSTEM, EQUIPMENT OR TELEPHONE SERVICES, WHETHER WITHIN THE SUBSCRIBERíS PREMISES, AT THE MONITORING CENTER OR ON THE WIRES BETWEEN (I) THE SUBSCRIBERíS PREMISES AND THE MONITORING CENTER OR (II) THE MONITORING CENTER AND ANY AUTHORITY. THE ALARM COMPANY AND ITS CONTRACTOR SHALL NOT BE REQUIRED TO SUPPLY MONITORING OR OTHER SERVICE TO SUBSCRIBER WHILE ANY OF THE ABOVE CONDITIONS EXIST AND SHALL NOT BE LIABLE TO SUBSCRIBER FOR LOSSES OF ANY KIND DURING SUCH PERIOD OF INTERRUPTION OR DELAY OF SERVICE, OR FAILURE TO PROVIDE SERVICE.

Indemnification

The fees charged by the Alarm Company to Subscriber reflect the allocation of risk herein and the limited recourse to the Alarm Company provided for in this Agreement. Accordingly, notwithstanding any other terms, conditions and covenants contained in this Agreement, the Subscriber shall promptly indemnify and save harmless the Alarm Company, the Contractor, and each of their respective officers, directors, employees, agents and contractors, from and against all claims, suits, liability, losses, damages or expenses (ìClaimsî) that may be made against the Alarm Company or its Contractor by Subscriber or any third party arising from or relating to this Agreement or the Services provided hereunder, including, but not limited to, Claims related to:

  1. any injury to persons (including personal injury, bodily injury and death), any damage to, or loss of property, or any infringement of rights caused directly or indirectly by the breach of any covenant, term or condition of this Agreement by the Subscriber;
  2. any omission, wrongful, negligent, fraudulent or criminal act of the Subscriber;
  3. all liabilities and expenses related to any violation of this Agreement by Subscriber;
  4. any special, indirect, incidental or consequential damages whatsoever and howsoever caused, including but not limited to, any loss of profits, loss of business revenue, failure to realize expected savings or any other commercial or economic loss, even if the Alarm Company is made aware of the possibility; or
  5. any damage, loss or injury caused by or contributed to directly or indirectly, inaccurate or outdated information provided by Subscriber to the Alarm Company.

The Subscriber shall save harmless and indemnify the Alarm Company, its officers, employees, agents and contractors, and the Contractor, its officers, employees, agents and contractors, from and against all claims, suits, liabilities, losses, damages or expenses incurred by the Alarm Company relating to the matters set forth in this Agreement, including, without any limitation, all fees and expenses incurred by the Alarm Company and/or Contractor in attempting to enforce any of this Agreement, or in recovering any charges or any damages for breach of any covenant, term or condition of this Agreement. All remedies conferred upon the Alarm Company and Contractor shall be deemed to be cumulative and no one is exclusive of the other or any other remedy conferred by law.