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    GENERAL 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 general terms and conditions set out herein. We strongly recommend that you review these general 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


    Your Agreement with NexWire    		1. Your agreement with NexWire Inc (“NexWire”, “we”. “us” or “our”) is comprised of the details of the internet package that you have subscribed for (“Service Details”) and these general terms and conditions (collectively hereafter called the “Agreement”).
    2. The internet package that you have selected (the “Service”) is strictly for personal and residential use.

    Where can I get more information about my Service?    		3. Should you wish to obtain any information about your Service or any other internet packages offered by us please visit our website at nexwire.ca or contact our Customer Service team at the number or email address provided on our website. Personal information may be requested form you for the purposes of verifying your identity.
    4. To manage your account, including your invoices, and your Service, please visit your customer portal at https://myaccount.nexwire.ca/portal/login.

    When does my Agreement begin and how long is it for?    		5. Your Agreement is effective from the date the Service or related equipment is activated.
    6. Unless you subscribed to your Service as part of a promotion offering you a guaranteed price or guaranteed savings for a specified period, your Agreement is for an indefinite term, i.e. your Agreement does not have an expiry date and it automatically renews every month unless cancelled by you or by us in accordance with this Agreement
    7. If you subscribe to the Service under a promotional offer that requires you to commit to a fixed or minimum period during which the promotional savings or other benefits are to operate (“Commitment Period”), unless we otherwise agree with each other or unless you terminate your Service prior to or upon the expiration of the Commitment Period, upon the expiration of the Commitment Period, we will continue to provide the Service on a month to month basis for an indefinite term, at the regular rates then in effect for the Services and these terms and conditions (including and all changes from time to time made) will be applicable to the continued provision of the Service.

    Can NexWire change the terms and conditions of my Agreement, and what can I do?    		8. We may change any aspect of a Month-to-Month Service and the corresponding Agreement, provided we give you at least:
    60 days’ prior written notice for a change to a key term (as defined in the CRTC’s Internet Code), or(b) 30 days’ prior written notice for a change to any other term. or(c) 30 days prior written notice for a change, other than a key term, with respect a Service that is subject to a commitment period.
    If you refuse the change your remedy is to terminate your Agreement or Cancel your Service as outlined in sections 35 and 36. If you do not cancel your service prior to the date on which the change comes into effect, the change will be applicable to your Service and incorporated into your Agreement from the change(s) or amendment(s) takes effect.
    9. If your service is subject to a commitment period and the intended change increases your obligations to us or reduces our obligations to you, you may refuse to accept the change. If you refuse to accept the change your remedy will be to cancel the Service, by providing us with notice of cancellation no later than 30 days after the effective date of the amendment, failing which you will be deemed to have accepted the change. If you cancel your Service for the reason(s) and within the time specified above in this section, you will not be subject to any penalty or early cancellation fee. For greater clarity, this section is not intended to and does not in any way limit your right to cancel your Service at any time (subject to such cancellation charges if and where applicable) as outlined in sections 35 and 36 of these terms and conditions.
    10. If you subscribed to a Service as part of a promotion offered by us whereby you pay a predetermined guaranteed price during the Commitment Period or any part thereof (“Promotion Period”), we undertake not to change the price of your Service before the end of such Promotion Period.
    11. If you subscribed to a Service as part of promotion that offers guaranteed savings, whereby you are guaranteed to save a specified amount each month on your Service during the Commitment period or any part thereof (“Guaranteed Savings Period”), we will be entitled to change the regular price of the Service at any time in accordance with section 8 of this document, but we undertake not to change the amount of savings offered during such Guaranteed Savings Period.

    How and to whom do I complain about my Service should I need to?    		12. To make a complaint with respect to your Services, please call or email our Customer Service at the number or email address provided on our website. You may also contact the Commission for Complaints for Telecom-Television Services (“CCTS”) at ccts-cprst.ca.
    13. You are also encouraged to consult the Internet Code adopted by the Canadian Radio-television and Telecommunications Commission, available at https://crtc.gc.ca/eng/archive/2019/2019-269.htm.

    Is NexWire responsible for securing my files, data and internet access?    		14. 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.

    Wh    at does NexWire do with the personal information I provide to them?    		15. 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.
    16. 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

    Use of Dynamic IP Addresses by NexWire    		17. 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?    		18. 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 to you. In particular, you must ensure that you do not:
    (a) 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 happens if NexWire requires access to my home?    		19. 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.
    20. 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 work.

    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.
    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.

    What happens if I pay my bill late or don’t pay my bill?    		24. If you do not pay within 30 days of the bill date, 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”). We may refer your account to collection agencies if you fail to pay the amount owed to us.
    25. 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.

    Can I substitute my own or other equipment in place of the equipment provided to me by NexWire?    		26. When you use your Services, you may only use the equipment loaned or leased by NexWire. Our Equipment can only be installed and activated at the address to which the Service is or is to be provided (Service Address). NexWire has no obligation to provide any technical support with respect to connecting to other networks, equipment or their connection.

    What happens if I breach Agreement?    		27. We may suspend or disconnect your Services or terminate your Agreement in accordance with the terms and conditions set forth in sections 30 to 34.
    28. We will not be held liable for any loss damage or cost suffered by you as a result of the suspension, disconnection or cancellation of your Service. However, if we suffer damage, you must compensate us (including for indirect, consequential, special and punitive damages and lost income or profit).
    29. A re-connection charge may apply if a service call is required to restore your Service where it is determined that the problem does not originate from our network or equipment.

    Can NexWire terminate my Agreement or cancel my Service even if have not breached my Agreement?    		30. We may terminate your service without notice if:
    (a) we have to take immediate steps to protect our network or that of our partners; (b) we have a reasonable suspicion that a fraud is occurring or is likely to occur; (c) your Services and our equipment are used unlawfully or for an unlawful purpose; or (d) our repeated attempts to provide you with such notice have failed or (e) our attempt to provide or communicate such notice to you is met with violent, menacing, or abusive behaviour.
    31. If the reason we have decided to terminate your agreement or cancel your Service is because you failed to comply with any of your undertakings under your Agreement (other than and not coinciding with a reason in section 30 above), we may terminate your Agreement or cancel your Service upon providing you with at least 14 days prior notice.
    32. If we decide to terminate your Agreement or cancel your service for any reason other than and not coinciding with a reason in sections 30 and 31 above, we may terminate your service upon providing you with at least 60 days’ prior notice
    33. In taking action to terminate your Agreement or cancel your Service, we will comply with the Internet Code, as applicable.
    34. You have a right to dispute the reason for the disconnection of your service. We cannot disconnect your Services where:
    (a) you notify us before the scheduled disconnection date listed in the notice that you dispute the reasons for the disconnection; (b) you pay the amount due for any undisputed portion of the charges; and (c) we do not have reasonable grounds to believe that the purpose of the dispute is to evade or delay payment.

    Can I terminate my Agreement with NexWire?    		35. You may terminate your Agreement or your Services at any time by contacting Customer Service in writing at the email address indicated on our website. Please clearly indicate that you wish to cancel your service and specify the upcoming/future date on which you want the termination/cancellation of the Service to occur. If your Service is for a minimum or fixed commitment term, you will be required to pay NexWire’s cancellation and indemnity fee specified in your Service Details
    36. You will remain liable for the payment of the price for the Services until the date of termination as well as any outstanding balances (including penalties), if applicable, owed up to the date of termination. You must also pay any non-return charges for our Equipment should you fail to return it/them as specified and, if your Service is subject to a Commitment Period and you cancel the Service prior to the end of that Commitment period, you must also pay the cancellation charge set out in your service details (“Cancellation Charge”).

    What are my obligations with respect to equipment leased to me by NexWire?    		37. 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)
    38. 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.
    39. 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
    40. 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.

    Warranties and Our Liability    		41. NexWire cannot and does not guarantee that the Services will never be interrupted, unavailable, inaccessible, slowed down, unstable or limited.
    42. To the fullest extent permitted by applicable law, we make no warranties, representations, claims, guarantees or conditions, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Services, our Equipment or Devices.
    43. To the fullest extent permitted by applicable law we assume no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the interruption, unavailability, inaccessibility, slow down, instability of limitation of your Service.
    44. We will only be liable for the direct consequences of our personal actions or those of our representatives and in such cases, our maximum liability is limited to the total amount you have paid us under the terms of your Agreement during the 12-month period preceding the claim. Our liability is however not limited in the case of death, bodily injury, gross negligence or wilful misconduct on our part.

    What can happen if NexWire brings a court case against you?    		45. 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 and 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).

    General Provisions    		46. 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.
    47. 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.
    48. You may not assign or transfer this Agreement or any rights or obligations under this Agreement without our prior written consent. Any unauthorised 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.
    49. 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.

    Last Modified: December 9, 2022