Truespeed Internet Terms of Service
The following terms and conditions shall apply to all customers subscribing to Truespeed Internet Service Inc. (Truespeed). This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing any Truespeed service, Subscriber agrees to adhere to the terms and conditions of the Acceptable Use Policy, this Agreement and all other applicable Truespeed policies as may be modified by Truespeed from time to time. In the event of an inconsistency or conflict between the Acceptable Use Policy, other Truespeed Policies or Agreements and this Agreement, the provisions of this Agreement shall govern.
INTERNET PROVISIONING IS BASED ON A BEST EFFORTS MODEL. WHILE WE MAKE EVERY EFFORT TO MAINTAIN OPTIMAL SPEEDS, YOUR EXPERIENCE MAY BE IMPACTED BY A NUMBER OF FACTORS INCLUDING IN-HOUSE EQUIPMENT, SIGNAL INTERFERENCE, WEBSITE TRAFFIC AND/OR LAST MILE NETWORK CONGESTION. TRUESPEED DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. TRUESPEED WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE, LOSS OF DATA OR ANY DELAY OR FAILURE TO PERFORM. TRUESPEED DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES THAT TRUESPEED, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT. IN NO EVENT SHALL TRUESPEED HAVE ANY LIABILITY TO THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT.
Payment Policies and Terms:
Subscriber shall be billed monthly for all service(s) in advance. Payment by Subscriber shall be due to Truespeed within fifteen (15) days from the date of the invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall be placed on accounting hold and services to the Subscriber shall be suspended until the account is paid in full. For any subscriber’s account that has been placed on suspended service, there shall be due a Twenty Five Dollar ($25.00) reconnection charge to reactivate Subscriber’s services on top of any outstanding amount owed. A Fifty Five Dollar ($55.00) fee will be added to the subscriber account in the event of any bank returned check or NSF (Non Sufficient Funds) occurrence. In the event that more than one check is returned, Truespeed can choose to only accept cash, credit/debit card or certified funds for payment on the account. All amounts listed do not include tax, if applicable.
Subscriber may terminate service by submitting a request for termination over email (firstname.lastname@example.org), fax (613-499-9499) or by mailing our head office located at 491 Stewart Blvd., Unit 4, Brockville, Ontario, K6V 7E8. Requests received prior to close of business shall have a termination date of the next business day. No refunds or credits are issued for unused portion of monthly services or hardware rental, as is applicable. Please allow up to 5 business days for cancellations to be processed. In the event that an active contract is in place, subscriber must pay 50% of the remaining obligation to complete contractual terms or as stipulated within contract should conditions differ. Eg: $50 per month with 10 month remaining obligation is $50x(10/2)=$250. Taxes extra.
All purchased hardware including but not limited to modems and routers through Truespeed’s Rent-to-Own program are to be paid for in full upon account cancellation. Without prior notice, Truespeed Internet Services may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Truespeed, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any applicable Truespeed policies, or if you fail to pay any charges when due. Truespeed may provide termination notice to you by email addressed registered with your account or by mail or courier service (both subject to additional charges) to the physical address provided for the Service(s). Termination by Truespeed for violation of Truespeed Internet Services Inc. Acceptable Use Policy may be subject to termination fees in the event of premature cancellation of any contract, if applicable, or if the cancellation occurs within one (1) year of the commencement of an equipment rental agreement.
Refunds for “Does Not Qualify”:
In cases where a potential subscriber’s address does not qualify for service and upfront fees have been prepaid, the account will be issued a full refund, including service, hardware and invoiced service fees. Truespeed will make every effort to contact the account holder in this situation, however, it is the sole responsibility of the subscriber to contact Truespeed to request the refund. Restocking fees do not apply to modems that remain sealed and unopened. We regret that shipping fees cannot be refunded.
Cancellation Prior to Installation:
For a full refund of activation fees and monthly service fees, the account holder must cancel their order at least 48 hours prior to their scheduled installation.
Cancellation requests received less than 48 hours prior to the scheduled installation will be refunded monthly service fees. Activation fees will not be refunded.
Hardware Warranty Statement:
Original manufacturer’s warranty applies to all hardware including modems, routers, radios and adapters.
Warranty covers hardware only. Software problems including but not limited to drivers, virus and/or spyware are not covered by warranty.
Warranty void if goods are physically damaged. This includes damage from an electrical surge as well as water or smoke related damage to any component of the equipment.
The original manufacturer’s warranty applies to all modems, routers, radios and any other hardware provided by Truespeed. Faulty equipment may be returned for exchange or repair 1 year from date of the purchase at no charge to the customer.
Open box equipment is sold as is and comes with a 90 day warranty unless otherwise stipulated.
Hardware Return Policy:
All product remains the property of Truespeed Internet Services, Inc. until paid for in full.
Returned equipment must be delivered to the Truespeed head office located in Brockville, Ontario. Shipping or transportation charges are the responsibility of the client.
A restocking fee will be charged on all hardware returns at the rate of 15% of current selling price within 30 days from date of purchase, some exceptions apply. Please ensure complete packaging and contents are returned with original bill of sale to receive refund.
Absolutely no returns will be accepted on hardware after 30 days of original invoice date or on special order items.
Refund may be in the form of store credit depending on product type at sole discretion of Truespeed representative.
Due to copyright laws, software is not returnable in any way for any reason. Please check system requirements before purchasing software.
Shipping charges, setup fees, labour charges and deposits are non-refundable.
A 2% service charge per month will be applied to “on account” items after 30 days from the purchase date WITHOUT EXCEPTION.
Equipment and Scope of Work:
All equipment, modems, routers, subscriber modules, antennas and standard mounting equipment that is not expressly purchased by the client will at all times remain the property of Truespeed Internet Services Inc. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by Truespeed in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Truespeed to retrieve from Subscriber’s premises equipment that is owned by Truespeed Internet Services, Inc.
In the event that special construction, or additional equipment including but not limited to, longer cable, additional grounding, additional tower sections or masting, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included within the terms of a standard installation. Additional labor is billed at $90.00/hr per technician.
TRUESPEED CONNECTION POINT ENDS AT THE SUBSCRIBER MODULE. ANY TROUBLE BEYOND OUR NETWORK OR EQUIPMENT IS THE FULL RESPONSIBILITY OF THE SUBSCRIBER AND THEIR SUBSEQUENT NETWORK ADMINISTRATOR OR VENDOR. STANDARD MAINTENANCE IS LIMITED SOLELY TO NETWORK AND BACKBONE CONNECTIVITY OWNED BY OR ASSOCIATED WITH TRUESPEED. TRUESPEED IS NOT RESPONSIBLE FOR ANY CONNECTIVITY ISSUES OR SLOW SPEEDS THAT ORIGINATE WITHIN THE SUBSCRIBER’S BUILDING.
If your individual connection ceases to function properly while the local Truespeed network is functioning properly, a technician can be sent out at the Subscriber’s request to troubleshoot during normal business hours (8AM-5PM, Monday-Friday). If it is determined that the problem is related to subscriber negligence, or any of item listed in the “Not Covered by Standard Maintenance” section, standard hourly rates will apply.
Not Covered by Standard Maintenance:
Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, electrical surge, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to our network system, such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by Truespeed, or from any cause related to or other than the intended and ordinary use.
Antenna re-aiming or relocation due to obstructions such as trees, vegetation, buildings, or storm-related damage. Any re-aiming or relocation of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.
If the Customer moves during the term of this Agreement and would like to relocate the Service, Subscriber must place a relocation request with Truespeed as soon as possible. This request must contain the requested date of service termination, plus the address and phone number (if possible) of the new location and the prospective move-in date. Upon receiving a written or email relocation request from the Subscriber, Truespeed will place a “move order” for the new location. The Service may be maintained at the old address until Service has been delivered to the new address. All applicable installation fees will be charged to the Subscriber at the new address. After the Service has been delivered to the new address, the Subscriber may choose to maintain the Service independently at the old address for up to 30 days for a smooth transition. Subscriber will be billed for both services during any period when both are in service simultaneously. If the old Service has not been canceled within 30 days after delivery of the new Service, they will be considered separate subscriptions and Subscriber will be billed accordingly. If Truespeed and its agents are unable to provide service to the Subscriber’s new location, the Agreement shall terminate and Early Termination fees based on any contract, if applicable, shall apply.
Downtime Courtesy Discount:
Service must have been 100% unavailable for over 24 consecutive hours to be considered for a courtesy discount. It must also have gone through extensive troubleshooting by Truespeed technical support to be eligible to receive a refund. To qualify for downtime courtesy credit the issue must be on the vendor side and not related to customer equipment, wiring or other on-premise problem.
Upon verification of eligibility the account holder is entitled to an account credit of the value of the downtime. The downtime courtesy credit will be issued directly to the customer account on their next invoice.
Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Truespeed, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Truespeed’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Truespeed service from any source or to any recipient. Subscriber further releases Truespeed from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Truespeed systems and/or network. Subscriber’s release of Truespeed includes any actions or inaction by Truespeed which amount to negligence. Subscriber further agrees to indemnify and hold harmless Truespeed from and against any and all claims, actions, causes of action, losses or damages including attorney’s fees which in any way arise from Subscriber’s installation of, use of, termination of, Truespeed’s services herein.
Truespeed assumes no responsibility for the content contained on the Internet or otherwise available through our network or from any source accessible via Truespeed’s services. Truespeed discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Truespeed which may be offensive to some individuals, which may not be in compliance with local, provincial or federal laws, rules or regulations. Including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to Truespeed that its use of Truespeed Internet Services’ service to access information, content or other services is at its own risk.
Permitting and Landlord Approval:
It is the Subscriber’s responsibility to obtain any required permits, homeowner association approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the equipment and/or wiring entering the Subscribers building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receive Truespeed services.
The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.
Governing Law and Venue:
The laws of the Province of Ontario shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Brockville, Ontario.