General Acknowledgement

All services are prepaid with the exception of pay per use long distance and are charged immediately, identified as "BROADLINE DSL" on the Credit Card and Bank statements.

For all new registrations, the first month's charge and/or activation fees are non-refundable. A refund will only be given to accounts that cannot receive service. Delays in activation due to improper information provided by you the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non-serviceable events. Broadline must be allotted the opportunity to complete it's troubleshoot before a refund/credit will be issued.

Broadline or any of its agents or third party providers are only responsible to bring/provide service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment.

Broadline or any of its agents or third party providers cannot be held accountable or responsible under any circumstance or condition for any cancellation fees or costs incurred by you from you previous service providers.

A $5 dollar or 2% charge, whichever is greater, will be applied against delinquent accounts. Please ensure that the email provided is valid and regularly checked, as all notifications will be sent via email.

If paying by PAP please note that hardware will not be shipped until payment has cleared the bank which may take up to 6 business days.

High Speed DSL:

A $25.00 administration fee, will be charged for account changes within the first month of service which include but are not restricted to, a change of phone provider or phone number, moving, etc.

A $19.99 servicing fee may apply to customers using our Dry Loop DSL service if additional work is required at your location.

Under no circumstance or condition is Broadline or any of its agents or third party providers responsible to disconnect/cancel your current provider during your transition to Broadline.

Phone:

If you are moving your phone line from a Wholesaler (example: Rogers) you will lose your DSL internet signal. We ask that you contact your Internet Service Provider to inform them of the change.

You must also contact your Long Distance Provider to inform them you have switched to Broadline Home Phone.

If you cancel your phone order prior to your activation date with less than a two business day notice, your $25 activation fee is not refundable.

You accept that if you have no Long Distance plan you will be charged our per minute rate for all "Canada & U.S. Long Distance calls" and as per our International rates for any calls terminating outside Canada and/or the U.S.A.

You accept that all 900/976 and Collect Calls are not available with Broadline Home Phone Service.

Long Distance:

Upon call completion (call being answered which includes an answering machine) a minimum 30 second charge will apply. After the first 30 seconds, billing occurs in 6 second intervals and the final charge will be rounded to the closest penny.

Prices are subject to change at any time without notice.

You understand and acknowledge that this service is post paid; therefore you may incur charges for calls made prior to your cancellation.

1. Customer Obligations

• The Customer shall:
  
  • for any Customer or third party provided equipment or software, arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure that such equipment or software is installed and maintained according to the manufacturer's specifications and the customer's specifications, if any;
    
  • understand that service is available where technology permits. Rates do not include installation by a technician and costs to correct internal wiring problems at customers' premises.
    
  • ensure at all times that the Broadline DSL Provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conform to the relevant equipment manufacturer's specifications;
    
  • be responsible for the loss of and risk or damage to the Broadline DSL Provided Equipment except where caused by the negligence or willful misconduct of Broadline DSL;
    
  • provide all necessary infrastructure, including without limitation, power outlets, grounding and anti static environments required for the safe and efficient operation and maintenance of the Broadline DSL Provided Equipment and the Customer or third party provided equipment in accordance with Canadian Standards Association or other specifications or regulations as applicable; and
    
  • permit Broadline DSL or its Third Party Providers prompt and safe access to its premises for the purpose of performing its obligations under the service(s) provided or disconnecting and removing the Broadline DSL Provided Equipment.
    
• The Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by Broadline DSL.
  
• The Customer agrees not to tamper with, alter or otherwise rearrange the Services nor shall it permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or Broadline's network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
  
• The Customer shall solely be responsible for use of the Services by any of its employees, officers, directors, agents as well as its end users and agrees to take all necessary measures to ensure that such persons use the Services in accordance with these terms and conditions. The Customer agrees to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by Broadline DSL from time to time; to the extent the Customer is receiving an Internet based service, and (ii) any third party software license terms and conditions in respect of software used by the Customer in connection with the use of the Services.
  
• The Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by Broadline DSL. Broadline DSL shall not be responsible if any changes in the Services cause equipment, hardware or software not provided by Broadline DSL to become obsolete, require modification or attention, or otherwise affect performance of same. Broadline DSL shall provide the Customer with one (1) month's notice of such changes.
  
• Broadline DSL reserves the right to take all actions, including immediate suspension of the Services, which it considers necessary to assure compliance with the Customer Obligations. The Customer will be responsible for all additional costs, liabilities and expenses incurred by Broadline DSL resulting directly from a breach by Customer of this Section.
  
  

2. Warranty

• Customer acknowledges that Broadline DSL does not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Services. Broadline DSL shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services, as more specifically set out in the Schedules.
  
• The warranties provided in this Agreement are in lieu of all other warranties and conditions. The Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Services.
  
  

3. Remedies

• SUBJECT TO SECTION 4, BROADLINE'S AND THE THIRD PARTY PROVIDERS' TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.
  
• CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST BROADLINE DSL IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.
  
  

4. Termination




• Either Party may, at its option, terminate this Agreement effective 5 days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under the Bankruptcy and Insolvency Act (the "Act"), or if a petition is filed against it under the Act (and is not removed within thirty (30) days after the filing thereof), or if it shall be declared or adjudicated bankrupt, or if an application is made in respect of it under the Companies' Creditors Arrangement Act, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers shall be appointed of or for it (and is not removed within thirty (30) days, if such appointment was not voluntary), or if it shall commit any act of bankruptcy or institute proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointment or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an "insolvent person" as that term is defined in the Act.
  
  
• Broadline may terminate this Agreement in the event that the Customer is in breach of any material term of this Agreement (other than a failure to pay an amount when due) and shall fail to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from the Broadline. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (2) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that the Customer has used and continues to use all reasonable commercial/personal efforts to cure the breach in a timely manner.
  
  
• Broadline may terminate this Agreement in the event the Customer fails to pay any amount payable hereunder when due and fails to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from Broadline.
  
  
• Customer may terminate this Agreement in the event Broadline fails to provide the service requested hereunder when due and fails to remedy such breach within five (5) days after receiving written (by email, mail or fax) notice thereof from Customer. The sole remedy for such breach is the value of up to one (1) months service, unless mutually agreed by both parties.
  
  
• For the purposes of this Article 8, in the event that Customer does not perform its respective obligations, responsibilities or provide the deliverables agreed to in this agreement, and such breach is not cured within the two (2) day period referred to in section 8.2 above, Broadline may, at its option, immediately terminate this Agreement and all fees under this Agreement, shall be immediately due and payable to Broadline.
  
  
• **** CUSTOMER MUST PROVIDE BROADLINE A NOTICE OF CANCELLATION 5 DAYS AHEAD OF THE MONTHLY RENEWAL DATE. IF A CONFIRMATION NOTICE HAS NOT BEEN RECEIVED BY CUSTOMER FROM BROADLINE FOR THE CANCELLATION, IT WILL BE ASSUMED THE CANCELLATION HAS NOT BEEN RECEIVED. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE CANCELLATION HAS BEEN RECEIVED. A CANCELLATION NUMBER WILL BE PROVIDED ON RECEIPT OF CANCELLATION FROM BROADLINE****
  
  

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL BROADLINE DSL OR THE THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF Broadline DSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT BROADLINE DSL WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER'S AGREEMENT TO LIMIT BROADLINE'S AND ITS THIRD PARTY PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.

a. BROADLINE DSL AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY Broadline DSL IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.

b. SECTIONS 3 AND 4 OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.