Thank you for choosing Nexwire internet services! Please take a moment to read our General Terms and Conditions before completing the signup page:
BUSINESS TERMS AND CONDITIONS FOR ONTARIO
Prior to completing the process of subscribing to your selected internet package with NexWire Inc., you were asked to confirm that you have read and agree to the terms and conditions set out herein. We strongly recommend that you review these terms and conditions carefully before proceeding to subscribe to your selected service as the provisions in this document are integral to and will form part of your agreement with us.
PLEASE RETAIN FOR FUTURE REFERENCE
1. Your agreement with NexWire Inc. (“NexWire”, “we”, “us” or “our”)is comprised of the service agreement between you and NexWire which incorporates these terms and conditions (the “Agreement”).
2. “Customer” or “you” means the business, person or entity on identified as customer in your service agreement with us.
Initial Term and Commencement
|3. Your Agreement shall take effect from the date on which your Service is activated (“Commencement Date”).|
4. Unless otherwise specified in your Service Agreement or extended by operation of any provision herein, the initial term of the Service shall be 36 months, commencing on the Commencement. Date. Following the expiry of the initial term, this Agreement will automatically renew on a month-to-month basis, unless otherwise agreed hereafter or specified in your service agreement. Unless otherwise agreed, upon the renewal, the rate due and payable with respect to your Service shall be the current month to month rate charged for the equivalent Service not being subject to a defined minimum term.
Can NexWire make changes to my Service or Agreement?
5. We may change your Service and any term or element of your Agreement at any time. If required, we will provide you notice of changes, prior to effecting such changes. When providing notice of any change(s), we may do so by sending an email to you or by posting notice of the change on nexwire.ca.
6. If you do not agree with the change, your remedy is cease using your service and cancel your Agreement. With respect to a service that is subject to a minimum commitment period, unless the change made by us for which you intend to cancel your service amounts to or results in;
an increase in price during a period where a price was guaranteed;a reduction in the credit applied to your account during a period where that applied credit or saving was guaranteed;a contravention of applicable law on the part of NexWire;a unilaterally downgrade in your internet speed or reduction in your data usage limits on a permanent or indefinite basis caused through no fault, breach, act or omission of your own and not caused in whole or in part by i) network or service upgrade, expansion repair, or maintenance performed, being performed or to be performed by NexWire, our representatives or contractors or our wholesalers or their representatives or contractors,ii) network traffic, iii) failure or deficiencies in the operation of Equipment in your care and control; or iv) any other temporary slowdown, deficiency, outage or inaccessibility of your Service.The cancellation of the Service by you prior to expiry of the minimum commitment period will be subject to the cancellation fees and applicable charges noted in section 30 hereof.
Access to Property
7. You authorize us and our representatives to enter or have access to your premises as necessary upon reasonable notice from us to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks, whether for your benefit or the benefit of others.
8. If you do not own the premises where your Services are provided, you confirm that you have obtained the consent of the owner of the premises to allow us to do the necessary or required work.
Additional Service-Related Fees and Charges
9. Your Service Agreement includes a one-time installation fee. This fee is in part determined based on information that you have provided to us. If we incur additional costs and expenses due to the information you have provided us being false, erroneous or otherwise incorrect, you shall pay for such additional costs and expenses, in addition to such fees and pay under this Agreement.
10. Additional charges may also be applied where:
(a) A service call is required to resolve any issue to your Service, the Equipment or our network (including our wholesaler’s network) caused by you or anyone you have authorized (expressly or implicitly) to use your Service or any other person granted access by a class of person above noted (whether or not you approve such access); and/or(b) You request our technical assistance.
11. This section is not intended to limit the application of any other or more general provision under this Agreement pursuant to which NexWire is entitled to apply additional and/or unscheduled fees and charges in respect of your Service.
Is NexWire responsible for securing my files, data and internet access?
12. We cannot guarantee the security of your privacy, files, data, the internet, or the Equipment. The onus rests on you to do so. We strongly recommend that you implement adequate security measures and take such other steps as may be reasonable and/or advisable to protect your privacy, files, and data and mitigate against the loss of your digital property. NexWire is not and will not be liable for any loss, damage or cost arising from the loss or damage to your files or data of from breaches of security.
What does NexWire do with the personal information I provide to them?
|13. We may collect personal information (such as, without limitation, your name, contact information, banking information, date of birth, etc.) from you or other persons and organizations, with your consent or if required by law. You agree to provide us with accurate and complete information associated with your account and to notify us of any change during the term of your Agreement.|
14. NexWire is committed to protecting your privacy and we take all reasonable steps to ensure that your personal information is safe and secure in compliance with applicable privacy laws and regulations. We encourage you to review our privacy policies to obtain further information about how we keep your personal information confidential at nexwire.ca/privacy-policy.
15. We assign dynamic IP addresses to you which we may change at our discretion, at any time and without notice. We will not be liable for any claim, damage, loss or cost arising from or relating to a change in the IP address.
Are there restrictions on how I can use the Service?
16. You must ensure that your Services are used in accordance with your Agreement and all applicable laws and regulations and follow the user manuals and installation guides for the equipment that is leased or sold to you. In particular, you must ensure that you do not:
use it for an illegal or malicious purpose;(b) use property protected by intellectual property rights (such as software or content) in a way that is unauthorized or that otherwise infringe these rights;(c) circumvent, breach or attack any security or protection measures, including breaching an Internet host’s policies or propagating malware, viruses, worms or “Trojan horse” programs;(d) send or relay unsolicited messages, such as spamming or phishing;(e) invade someone’s privacy, harass or intimidate others;(f) distribute content that is defamatory, discriminatory, violent, obscene, child exploitation/pornography or hate propaganda;(g) use your Service to disrupt the services, equipment or network of another user, of NexWire or of any of our partners.(h) resell or transfer the use of your Services or the Equipment to another person for any purpose whatsoever or to charge for the use of your Services, without our prior written consent.
What are my obligations with respect to equipment leased to me by NexWire?
17. The equipment that is loaned or leased to you by NexWire (the “Equipment”) is and shall remain at all times the property of NexWire. With respect to the Equipment, you must:
take reasonable care of it;protect and secure the Equipment and use it with care, prudence and diligence;not sell, lease, mortgage, transfer, assign or encumber it;not re-locate it without our knowledge and permission;not modify or alter the Equipment or its software, whether or not it is connected to our network, including its configuration.return the Equipment to us at your own expense within 30 days of the cancellation of the Service. For more information on how to return the Equipment to us, please visit our website or contact our customer service.
18. If our Equipment is lost, damaged, stolen, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you must immediately notify us. You agree to pay us the full replacement cost of that Equipment, together with any costs we incur in seeking possession of it.19. You are solely responsible for:
any access to the Equipment;providing any additional connections, as well as inside wiring that are not provided by us;reconnecting any of your equipment and facilities as necessary after cancellation of your Services;maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks;protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment; andensuring that there are no unauthorized attachments to the Equipment or our cable.
20. You must not perform work or permit or authorize any other person to perform work on the Equipment without first obtaining our express written consent. Where consent is granted, only a person authorized by us shall be permitted to perform work on the Equipment. If you wish to move the Equipment, contact Customer Service before moving it.
How and when am I billed and how can I pay my bill?
21. You must pay the fees payable for your Services according to your Agreement. You will be billed monthly in advance for the Service. Additional fees and charges may be billed as an additional line item on one or more of your monthly invoices or may be billed through standalone invoice(s) outside your ordinary billing cycle.
22. Your accounts are due and payable in full, in Canadian dollars, by the due date indicated on your bill.
23. Payments are to be made automatically by Visa debit or credit card or by Mastercard debit or credit card with your approval of a pre-authorized debit agreement;
24. If you question or dispute any fees on your bill, you must notify us of the matter in dispute withing 60 days of the issue date of the applicable bill; otherwise, you will be deemed to have accept all fees. Disputed fees will not be considered past due unless we have conducted an investigation and concluded that the fees are correct and there is no basis for the dispute. You waive and renounce all existing and future claims and rights of set off against any charge or other amount due under this Agreement, regardless of any claim, set off or compensation which may be asserted by you or on your behalf.
|What happens if I pay my bill late or don’t pay my bill?|
25. If you do not pay your bill in full on or before the due date specified therein, you will be charged interest on the balance owing, at the interest rate of 2% per month (26.82% per year), calculated and compounded monthly from the bill date (“Late Payment Charge”). There will be an administrative charge if your payment is declined due to insufficient funds. If you fail to pay the amount owed to us. We may refer your account to collection agencies or utilize such other means as is permitted by law to collect the outstanding amount. You will indemnify us against any such collection costs and expenses, including legal fees if incurred.26. We may also disconnect your Services or terminate your Agreement, if your payment is more than 60 days overdue. A re-connection fee will apply should you wish to resume your service following disconnection.
Warranties and Our Liability
27. NexWire cannot and does not guarantee that the Services will never be interrupted, unavailable, inaccessible, slowed down, unstable or limited.
28. To the fullest extent permitted by applicable law, we make no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to your Services. We assume no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of your Services (including any service outage), even where such unavailability occurs after installation of the Services.
29. Any credit or refund for any service unavailability or service outage is entirely at our discretion.
30. To the maximum extent permitted by applicable law, in no event shall NexWire or its representatives be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss profits, loss of business opportunity, business interruption, and loss of business information, or any other pecuniary loss) however causedand whether or not for breach of contract, negligence or otherwise, even if NexWire has been advised of the possibility of such damages. These limitations will apply notwithstanding any breach of condition(s) or fundamental term(s) or for a fundamental breach (s). We shall only be limited for direct damages caused as a direct consequence of our actions or the actions and the actions of our representees and in any such case(s), NexWire’s and its Representatives’ entire and cumulative liability will NOT EXCEED the amount paid by you to NexWire under your Agreement during the three (3) months immediately preceding the date at which such cause of action first arose.
Termination of Service by You
31. If your Service is subject to a commitment period, your Agreement shall remain in effect for a term of at least the minimum commitment period set out in the Agreement. Unless otherwise specified in your Service Agreement, if you cancel your Service before the expiry of that commitment period or if we cancel your Service for cause before the expiry of the commitment period, you shall pay the aggregate amount that would be payable under your Agreement for the period following cancellation up to and including the date on which the applicable minimum commitment period expires, all amounts due and outstanding with respect to any period prior to cancellation, any and all applicable taxes and any other fees and charges that we may incur or that may become payable by you due to any other breach, fault or delinquency on your part including but not limited to, NSF charges, cost of collections and non-return of equipment charges.
32. To cancel a Service that is no longer subject to a minimum commitment period, you must send written notice of your intent to cancel your Service (“Cancellation Notice”) to us via email at firstname.lastname@example.org, at least 14 clear days prior to your intended cancellation date. Provided that your notice is otherwise validly delivered, if your Cancellation Notice is delivered to us less than 14 clear days prior to the intended cancellation date stated in your notice, you agree and acknowledge that your intended cancellation date shall be deemed to be a day that is 14 clear days following the delivery of your Cancellation Notice to us. If the stated (or deemed) intended cancellation date does not coincide with the end of the current or a future billing period, the cancellation of your Service will be effective as of the end of the billing period into which your intended cancellation date falls and no refund for unused services for that billing period will be made.
Termination of your Service by NexWire
33. Subject to section 33 hereof, we may cancel your Service for any reason by providing you with at least 5 clear days notice of our decision/intent to cancel your Service..
34. Notwithstanding section 32 above, we may cancel your Service and terminate your Agreement without notice if:
(a) you have you failed to comply with any of your undertakings under your Agreement;(b) we have to take immediate steps to protect our network or that of our partners;(c) we have a reasonable suspicion that a fraud is occurring or is likely to occur;(d) your Services and our Equipment are used unlawfully or for an unlawful purpose;(e) our repeated attempts to provide you with such notice have failed;(f) our attempt to communicate or otherwise with you is met with violent, menacing, or abusive behaviour; or(g) you initiate or otherwise become the subject of bankruptcy or any other insolvency proceedings, or you initiate or enter into a composition agreement with your creditors.
What can happen if NexWire brings a court case against you?
35. You may be held liable and agree to indemnify us for and against any damages cost or expense we may suffer or otherwise incur (including our attorney’s fees on a full indemnity basis and other collection and recover costs, if applicable) as a result of your breach of any term in your Agreement or as a result of your contravention of any applicable law (including but not limited to tortuous breaches, infringement of the intellectual property of third parties and contravention of criminal law).
36. A party (“Impacted Party”) shall not be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligation of the customer to make payments to NexWire hereunder notwithstanding service outages, slow-down and other deficiencies in your Service caused by events beyond NexWire’s control), when and to the extent such failure or delay is caused by or results from acts beyond the Impacted Party’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s)“):
(a) acts of God;(b) flood, fire, earthquake, tsunami, or explosion;(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;(d) government order or law;(e) actions, embargoes, or blockades in effect on or after the date of this Agreement;(f) action by any governmental authority;(g) national or regional emergency;(h) strikes, labour stoppages or slowdowns, or other industrial disturbances;(i) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and(j) other similar events beyond the control of the Impacted Party.
37. No failure or delay on our part to exercise, any right under this Agreement, will operate as a waiver of such right. No single or partial exercise of any such right on our part will preclude any further or other exercise of such right by us.
38. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any competent judicial or quasi-judicial body or agency, that provision will be severed from this Agreement, and the remaining provisions will remain in full force and effect.
39. You may not assign or transfer this Agreement or any rights or obligations under this Agreement without our prior written consent. Any unauthorized transfer by you of the Agreement or your Service shall be deemed null and void. We shall be entitled to assign all or part of your Agreement without your consent.
40. This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
*In the event of an error or irregularity in listing the name of the Customer, the Customer shall be the business entity with which NexWire reasonably believes it is dealing.
By clicking the “I Agree” button below you acknowledge the general terms and conditions your Nexwire internet services are bound to.
Last Modified: December 9, 2022