Terms & Conditions
Residential Internet & Home Telephone Services
As of July, 2007
- Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”] provides residential internet (including Quickclic High Speed Internet, Quickclic Lite and Wireless Internet) and residential home telephone services to its subscribers [hereinafter “Services”].
- Definitions for purposes of this Agreement include:
- “You” or “Your” means the subscriber to any Services acting for personal, family or household purposes, named on the invoice and responsible for paying the charges for the Services provided under the Agreement and shall be entitled to receive any notice and information relating to this Agreement or the Services; and
- “Agreement” means the agreement in effect from time to time between You and Source which is subject to amendment in accordance with section 16 hereof, including, but not limited to, the present Terms, and any other document or form designated by Source in accordance herewith as forming part of the Agreement.
- By using the Services, You expressly agree to be bound by the terms and conditions of this Agreement [hereinafter “Terms”]. If You do not agree with the Terms, You may exercise Your right to terminate the Agreement according to the termination provision included herein and cease using the Services.
- Charges will commence as of the activation or delivery date of the Services. Your account is due and payable in full by upon receipt, unless otherwise specified on the front of the invoice, or as agreed by Your initial pre-authorized bank withdrawals or credit card payment authorization.
- You agree to pay the total charges due in accordance with section 4 hereof using any of the following methods, as agreed to by Source: (i) automatically by pre-authorized bank withdrawals or credit card payment; (ii) by mailing a cheque or money order to Source; (iii) by telephone/PC banking; or (iv) at any acceptable financial institution.
- You must pay amounts invoiced upon receipt, unless otherwise specified on the invoice. Any balance unpaid after the due date will be subject, at Source's sole discretion, to a late payment charge of 2% per month calculated and compounded monthly (26.82% per year) until paid in full. Overdue accounts are subject to cancellation of Service. An administration fee will be levied if Your credit card is denied or if Your cheque is returned. A fee may be charged if administration and/or account processing activities have occurred due to non-payment. The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits). Overdue accounts are subject to blocks, suspension and/or cancellation of all services billed on Your invoice.
- Overdue accounts for any particular Service billed by Source may result in cancellation of the Service. If a service call is required to restore Your Service which has been terminated for non-payment, a reconnection charge will apply.
You must bring invoice inquiries and disputes to Source's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects. Source will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.
Source and those acting on its behalf reserve the right to examine Your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You. Should Source at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Source will determine, at its discretion, how Your deposit or other security will be allocated to satisfy outstanding amounts owed by You to Source.
By subscribing to the Services, You authorize Source and those acting on its behalf, from time to time, to review Your creditworthiness and agree that this is our prior written notice to You of, and Your consent to our obtaining limited credit information about You from time to time. You will note that this review of Your credit will not be made public to any party other than Yourself, through Your own review of Your credit history. You also agree to provide any further appropriate authorizations and financial information as Source may reasonably request for this purpose. Source may use this information to better understand Your financial situation; to help us understand the current and future needs of our customers and to manage our business. Source may also give this information to credit reporting agencies, and, with Your specific consent, to other persons, and, for the purpose of establishing telecommunications services to other telecommunications companies. Where You have provided a deposit, simple interest, based on the monthly savings account rate of the Bank of Montreal, will be paid on all sums retained on deposit.
Source may, in its discretion, refuse to provide Services to You where:
- Source will incur unusual costs or expenses which You will not pay, for example, for securing rights of access to Your location, acquiring space in buildings, or for special construction;
- You owe amounts to Source that are past due or You have at any time had past due amounts owing to Source;
- You do not provide a security deposit or satisfy alternate security measures when requested by Source;
- Source has terminated Your services in the past; or
- Source does not provide the requested service in Your area.
- It is acknowledged by You that there are provisions in the Criminal Code of Canada which refer specifically to “telecommunication services” or “computer services”, which include the Services provided by Source, and that any unauthorized connection to the Services or equipment, interfering or tampering with the Services or equipment or unauthorized use of the Services or equipment is prohibited and may constitute theft under the Criminal Code of Canada. You must immediately inform Source, either in writing or by calling Source's customer service at 1-866-785-7851, if You notice, at any time, that any of the Services is either stolen or being used unlawfully.
- You agree not to use the Services in a manner that is contrary to applicable laws or regulatory requirements. Any breach of applicable laws or regulatory requirements may result in the immediate termination of this Agreement and/or any of the Services used wrongfully being disconnected or suspended.
You agree that Source has the right to monitor Your account for misuse. If Source determines, in its sole discretion that You misrepresented Yourself or Your anticipated use in order to subscribe to the Services, or that You or anyone using Your account engaged in misuse of the Services, Source may, in its sole discretion, terminate Your use of the Services, with notice.
- You agree that all equipment installed or provided by Source shall remain the property of Source, except for equipment purchased and paid for by You which is neither returnable to nor refundable by Source. Fees may be charged to You for the installation of the Services and/or equipment. You will protect Source's equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Source to perform any work on such equipment, unless otherwise expressly allowed by Source. You acknowledge and accept full responsibility for all equipment installed by Source at the service address and agree to reimburse Source for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part thereof. You are responsible for returning Source's relevant equipment upon termination of a Service or this Agreement, to Source's closest retail location or, in the absence of such retail location, to contact Source to arrange for equipment return. In the event You fail to return said equipment or fail to comply with the Terms, Source may, at its option, repossess such equipment and charge You any costs incurred in connection therewith, or charge You the full replacement cost of the unreturned Source's equipment.
- You hereby grant Source, its employees, representatives, contractors, subcontractors and agents reasonable access to Your premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Services or equipment. Charges may apply if a service call is required to restore any of Your Services and it is determined that the problem does not originate from Source's network. In addition, charges may apply in the event that You expressly request that the Services delivered by Source be downgraded.
- If You do not own the premises where the Services are provided, You warrant that You have the consent of the owner of the premises or otherwise have the authority to allow Source to install, inspect, service, maintain, remove or disconnect Services.
- You can obtain more information about the fees applicable under this Agreement at www.sourcecable.ca or by contacting Source's customer service at 1-866-785-7851.
- Source may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below, if applicable) at intervals of at least 30 days. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Source distributes and You receive the Services. Source will provide written notice to You at least 30 days but not more than 90 days before the effective date of change, modification, addition or removal, which notice may be sent via e-mail, mail or any other means of providing written notice. Following receipt of such notice, You may agree to accept any such change, modification, addition or removal by continuing to use the affected Service. If You do not agree to any such change, modification, addition or removal proposed in the notice, You may, before the effective date, notify Source that You are terminating the Agreement in accordance with section 15 of this Agreement and/or the provisions of the notice and cease using the Service in question thereafter. If You do not give any such notice to Source by the effective date, then the proposed changes to this Agreement will become effective on the effective date.
- Subject to the qualification set out in section 16 below, You may at any time, cancel this Agreement or any Service provided under the Agreement. Applicable charges shall continue to apply. You shall remain liable for the payment of all outstanding balances accrued up to the date of termination.
- If an Agreement results from You subscribing to a Service as part of a promotion (“Promotion”) offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, this Agreement shall be for a term of at least the minimum contract period required by the Promotion (the “Promotion Period”). Should You cancel a Service before the expiry of the Promotion Period, You shall pay Source the penalties indicated in the Promotion and in the Agreement. Following the expiry of the Promotion Period, You may terminate the Agreement or cancel the Service at any time.
- In addition to all other rights given to Source under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Source may: (a) at any time, upon at least five (5) days' prior notice to You, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to You, disconnect or suspend Your access to the Services or cancel the Agreement (i) if You fail to comply with one or more of the provisions of the Agreement other than Your payment obligations contained in sections 4 and 5 hereof; or (ii) upon the occurrence of any act of bankruptcy on Your part, or if You become insolvent, rely upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against You.
- SOURCE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. SOURCE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO YOU. YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, ASSOCIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THIS AGREEMENT. IN NO EVENT SHALL SOURCE HAVE ANY LIABILITY TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. WHERE PERMITTED BY APPLICABLE LAW, SOURCE'S MAXIMUM LIABILITY TOWARD YOU SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO SOURCE BY YOU UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PRESENT SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT.
- Source collects personal information on You and uses such information to develop and maintain its relationship with You, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess Your interests, wants and needs with a view to improve current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless You provide express consent or unless disclosure is pursuant to a legal power, all information kept by Source regarding You, other than Your name, address and listed telephone number, is confidential and may not be disclosed by Source to anyone other than:
- A person who, in Source's reasonable judgment, is seeking the information as an agent of Yourself;
- Another telephone company, provided the information is required for the efficient and cost effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
- A company involved in supplying You with telephone or telephone-directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
- An agent retained by Source in the collection of Your account, provided the information is required for and is to be used only for that purpose.
Express consent to disclosure may be taken to be given by You where You provide:
- Written consent;
- Oral confirmation verified by an independent third party;
- Electronic confirmation through the use of a toll-free number;
- Electronic confirmation via the Internet;
- Oral consent, where an audio recording of the consent is retained by the carrier; or
- Consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.
- In light of the above, You hereby expressly consent to Source requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding Your accounts and their accounts. You also hereby expressly consent to Source requiring and collecting from You, and providing to third parties, personal information for the purposes set forth in the first paragraph of this section, and for those purposes only. For more information about the privacy of Your personal information, please visit our website at www.sourcecable.ca.
- The failure of Source to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.
- This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO SOURCE'S RESIDENTIAL INTERNET SERVICE.
- By using Source's Residential Internet Service, You agree not to use
this Service in a manner that is contrary to applicable laws or
regulations and Source's Acceptable Use Policy (“AUP”), which forms
part of this Agreement. The current AUP is available at
www.sourcecable.ca. If You do not agree with the terms and conditions
of the AUP, You must immediately stop using Source's Residential
Internet Service and notify Source's customer service that You are
terminating this Service.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO SOURCE'S RESIDENTIAL HOME PHONE SERVICE
- The Source Residential Digital Phone Service should only be used
from Your telephone located at the service address specified in Your
Agreement, which is connected to Source's multifunction cable modem and
is provided to You as a residential user, for personal, residential,
non-business and non-professional use. This means that You shall not
use this Service for any mercantile activities, including, without
limiting the generality of the foregoing, for the operation of a home
office, business, sales, telecommuting, telemarketing (including
without limitation charitable or political solicitation or polling),
autodialing, continuous or extensive call forwarding, fax broadcast,
fax blasting or any other activity that would contravene or be
inconsistent with normal residential usage patterns. This also means
that You are not to resell or transfer this Service to any other person
for any purpose, or charge any fees for the use of this Service,
without express prior written permission from Source.
Source, upon discovering that use of this Service or any functionalities related thereto by You is contravening the terms of the present section or exceeds, in Source's sole judgment, reasonable usage limits with regard to such a personal or residential use, may, at any time and without prior notice, limit or suspend access by You to this Service. In such cases, You must contact Source's customer service which may require payment of owed charges in order to restore Your access to this Service.
- YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS SERVICE MAY BE DISRUPTED IN THE EVENT OF A POWER OUTAGE, AN INTERRUPTION OF THE INTERNET SERVICE OR THE SUSPENSION OF INTERNET SERVICE BY SOURCE. YOU ACKNOWLEDGE AND AGREE THAT SOURCE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUFFERED AS A RESULT OF A POWER OUTAGE, SERVICE INTERRUPTION OR SUSPENSION OF SERVICE.
- Source reserves the right to change residential home telephone numbers assigned to You, but will, however, take all reasonable measures to prevent such an occurrence. In the event of such a change, Source will endeavour to give reasonable prior notice to You.
- 911 Emergency Dialing For Source's Residential Home Telephone Services
PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION HEREIN REGARDING THE LIMITATIONS OF SOURCE'S 911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN 911 AND ENHANCED (E-911) CALLS.
Dialing 911 quickly connects a caller to a Public Safety Answering Point (PSAP) dispatcher trained to route that call to the local emergency medical, fire, and law enforcement agencies. Most 911 systems now automatically report the telephone number and location of 911 calls made from wireline phones, a capability called enhanced 911 or e-911.
Source's Residential home telephone Service will route emergency 911 calls originating from Source customers to a PSAP via a Local Exchange Carrier (LEC) or other acceptable means that are, at a minimum, in compliance with local jurisdiction mandates. The Service provides 911 and e-911 services by, but is not limited to, partnering with a competitive local exchange carrier (CLEC), and/or by directly trunking voice paths to 911 tandems (emergency services and associated service charges depend on locality of end-user location).
The Service will not function if Your home telephone fails or is not configured correctly or if Your Service is not functioning for any reason, including, but not limited to: a loss of electrical power or power outage, broadband service outage, or suspension or disconnection of Your Service because of billing issues. If there is a loss of power or power outage, You may be required to reset or reconfigure Your equipment prior to being able to use Your Services, including for 911 purposes. It is Your responsibility to insure that batteries for Your Services are fully charged at all times.
The PSAP or local emergency service dispatcher receiving a Source-based 911 emergency service call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, if You dial 911 using Your Services, You must immediately tell the dispatcher Your location (or the location of the emergency, if different). You must also take care to not disconnect the line, as the dispatcher may not have a phone number to use to call You back. If You are unable to speak and describe Your location, the emergency dispatcher may not be able to locate You.
You must correctly identify the actual location where Your customer premise equipment will be located at the time You register for Your Services or 911 communications may be misdirected to an incorrect local emergency service provider.
911 dialing will not function correctly if You move Your equipment to a location other than that provided when You registered for Your Services. In such an event, in order to have 911 calling routed correctly, You must update Your service address in accordance with the instructions on Source's website. You acknowledge and understand that Source will not be liable for any service outage and/or inability to dial 911 using Your Service or to access emergency service personnel due to the 911 dialing characteristics and limitations set forth in this document. You agree to defend, indemnify, and hold harmless Source, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to You in connection with the Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, You or any third party or user of the service relating to the failure or outage of the service, including those related to 911 dialing.
YOU ACKNOWLEDGE THAT SOURCE STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS DESCRIBED ABOVE, YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE 911 SERVICE, THE WAY IT OPERATES OR DOES NOT OPERATE.
- Certain non-voice communication equipment, including, but not
limited to, home security systems that are set up to make automatic
phone calls, and medical monitoring devices, may not be compatible with
the Source's Residential Digital Phone Service. Source specifically
disclaims any representation or warranty, explicit or implied, with
respect to the connection of its Residential Digital Phone Service to
any home security or emergency medical alert system and the full
operation of each service. Source will not provide technical support
for any such connection and will not incur any kind of liability
whatsoever resulting from such a connection. By accepting this
Agreement, You waive any claim against Source for any interference with
or disruption of such systems due to its connection to Source's
Residential Digital Phone Service.
IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS DESCRIBED ABOVE, YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE CONNECTION OF SOURCE'S RESIDENTIAL DIGITAL PHONE SERVICE TO ANY HOME SECURITY OR EMERGENCY MEDICAL ALERT SYSTEM, AND THE WAY ANY OF THESE SYSTEMS OPERATE OR DOES NOT OPERATE.
- In the case of errors or omissions in directory white page standard listings, whether or not the error or omission is with regard to a telephone number, Source's liability is limited to correcting the error or omission that has occurred.
- To the extent permitted by applicable law, any claim, dispute or
controversy (whether in contract or tort, pursuant to statute or
regulation, or otherwise, and whether pre-existing, present or future)
arising out of or relating to: (a) this Agreement; (b) the Services or
related equipment; (c) oral or written statements, or advertisements or
promotions relating to this Agreement, the Services or related
equipment; or (d) the relationships that result from this Agreement (a
“Claim”) will be determined by final and binding arbitration to the
exclusion of the courts. To the extent permitted by applicable law, You
expressly agree to waive any right You may have to commence or
participate in any class action against Source related to any Claim
and, where applicable, You also agree to opt out of any class
proceeding against Source.
Where applicable, arbitration will be conducted on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the Province of Ontario. If You prevail against Source on the merits of any Claim that You assert, Source will pay all reasonable costs associated with any such arbitration. You agree that the arbitrator will also have the discretion to award costs against You if You commence arbitration proceedings against Source but You do not prevail.
Please print and retain for your records.