Thank you for selecting ACN Business High Speed Internet Service, internet connectivity via DSL or related services (the "services") offered by All Communications Network of Canada Co., with offices located at the following address: P.O. Box 720, Station B, Montreal, Quebec, H3B 3K3 ("ACN ").
These Customer Terms & Conditions (the "Agreement") are between you ("you" or "customer") and ACN for the use of the Service. You must enter into this Agreement by selecting the checkbox under terms and conditions and clicking the "Continue" button during the online registration process in order to use the Service. If you do not affirmatively agree to be bound by the Agreement online by selecting the checkbox and clicking "Continue" during registration, you will not be permitted to continue with the registration process. You understand that by selecting the terms and conditions box, or any button or link required during the sign-up process, you approve of the text preceding, and are entering into a legally binding agreement with ACN. You hereby agree to the use of electronic communication in order to enter into contracts and to place orders, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to the Service. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records.
If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age, and you are under such age limit, you may not enter into this Agreement or use the Service. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the Service, you may not enter into this Agreement and you may not use the Service. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction that your use of the Service is allowed.
This Agreement with ACN explains, among other things, the following:
1. Customer Responsibilities
2. Customer Rights
6. Credit and Deposit Information
7. Billing Information
8. Ordering and Commencement of Service
9. Term and Cancellation of Service
11. Discontinuance of Service by ACN
13. Limitations of Liability, Indemnification, and No Warranty
14. Governing Law
15. Miscellaneous Provisions
16. Contact Information
BY ENROLLING IN, USING, OR PAYING FOR ACN'S SERVICES, YOU AGREE TO THE RATES, CHARGES, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN DO NOT USE ACN'S SERVICES, AND IMMEDIATELY CONTACT ACN CUSTOMER SERVICE. ACN WILL TERMINATE YOUR ABILITY TO USE THE BUSINESS HIGH SPEED INTERNET SERVICE; IT IS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS TO SWITCH TO A NEW INTERNET SERVICE PROVIDER FOR CONTINUED INTERNET SERVICE.
For purposes of this Agreement, the terms "service" or "services" mean: ACN's Business High Speed Internet service. The services covered in this Agreement are subject to availability and may not be available in all locations. For purposes of this Agreement, "you" means the Customer or subscriber, defined as either (i) the person identified in ACN's account records as responsible for payment of all charges; and (ii) any other person with actual or apparent authority to represent that person or to use the service(s). ACN will assume that any person able to provide your name, address, password, and/or other information that is not publicly available, is authorized by you to receive information about, and make changes to your account, including adding new services.
1. CUSTOMER RESPONSIBILITIES
A. You are responsible for complying with the terms and conditions of this Agreement, which includes the ACN Acceptable Use Policy. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use ACN's services for any unlawful purpose.
B. You are responsible for payment of all charges for services furnished to you by ACN including but not limited to: the activation fee, monthly service charges and rental fees that you may incur.
You agree to pay all applicable rates and charges for such services, which includes rates and charges for monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your services, and you are responsible for payment for any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of the use of your Business High Speed Internet Service.
C. You are responsible for, and shall pay, any applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your use or payment for the Business High Speed Internet Service. Such amounts are in addition to payment for the service and will be billed to your credit card or other payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide ACN with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date ACN receives such valid certificate.
2. CUSTOMER RIGHT TO CANCEL
For Ontario: Your Right To Cancel Under the Consumer Protection Act 2002
You may cancel this Agreement at any time during the period that ends ten (10) days after the day you receive your High Speed Internet equipment. You do not need to give ACN a reason for cancelling during this 10-day period. If ACN does not make delivery within thirty (30) days after the delivery date specified in this Agreement or if ACN does not begin performance of its obligations within thirty (30) days after the commencement date specified in this Agreement, you may cancel this Agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this Agreement and ACN does not deliver or commence performance within 30 days after the date this Agreement is entered into, you may cancel this Agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this Agreement, you must call ACN Business Customer Care at 877-266-1010 or write to the address set out below and deliver by any means that allows you to prove the date on which you gave notice. If you cancel this Agreement, ACN has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this Agreement after having solicited the goods or services from ACN and having requested that delivery be made or performance be commenced within ten (10) days after the date this Agreement is entered into, ACN is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this Agreement was entered into and the date on which you gave notice of cancellation to ACN, except goods that can be repossessed by or returned to ACN.
For Alberta, British Columbia, Manitoba, Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan: Your Right to Cancel
You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within thirty (30) days of the date stated in this Agreement, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after thirty (30) days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this Agreement, ACN has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must call ACN Business Customer Care at 877-226-1010 or give notice of cancellation at the address below. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.
ADDRESS FOR NOTICE:
ACN, P.O. Box 720, Station B, Montreal, QC H3B 3K3
PLEASE NOTE: If you decide to cancel your service with ACN, you should make arrangements to switch your service to your chosen service provider. Failure to do so could result in an interruption to your service.
Business High Speed Internet Service is comprised of Internet access (accompanied by certain related services such as electronic mailboxes and Web space) and certain basic telephone assistance. The ACN website sets forth in more detail the various service offerings and features available under the Business High Speed Internet Service.
Service will generally require Customer's own installation and completion of certain connections, including the appropriate modem. Customer is solely responsible for the configuration and ongoing maintenance of all Customer Equipment. Customer Equipment may include, but is not limited to, personal computers, software, operating systems, routers, hubs, switches, terminal adapters, internal wiring, servers, workstations, and any other equipment not provided by ACN. ACN's responsibility for solving problems related to the use of the Services with Customer Equipment is limited to verifying that ACN's systems are in working order, testing Customer's connection, and providing Customer with the ACN specific settings necessary to configure Customer Equipment. Equipment provided to the Customer by ACN in connection with the Business High Speed Internet Service may have been previously used but will have been certified by the supplier as being equivalent in function and appearance to new units, and will be deemed accepted by Customer upon delivery.
In some circumstances, professional, on-site installation would be required for Business High Speed Internet Service. Such examples include if you have a security or health monitoring alarm connected directly into your phone line, or if you have more than five devices connected to your phone line. ACN does not have the capability to perform professional on-site installation. In such circumstances, we recommend that you not use ACN Business High Speed Internet services.
The Internet is a separate worldwide network of computers beyond the control of ACN, and ACN does not own, operate, or manage the Internet. There are a number of inherent risks associated with Internet use (collectively, the "Risks"), including, but not limited to, the risk that communications on the Internet and data available via the Internet may not be secure and may be subject to interception, distortion, or loss, and security measures are subject to failure and may be compromised to allow unauthorized access to information or denial of service, and that you may be exposed to computer viruses, obscene or objectionable language or images, and false or misleading information. You understand and agree that you are accepting responsibility for the Risks and any damages incurred by you associated with the Risks. You acknowledge that ACN is not responsible for mitigating the Risks or preventing or correcting any problems resulting from the Risks. You further acknowledge that security is not guaranteed even in the event that ACN designs and installs security measures as a part of the services purchased by you. You also acknowledge that your privacy is not guaranteed and ACN is entitled to perform whatever functions ACN in its sole discretion determines are necessary to investigate or correct any problems, or to comply with any requests for information from judicial or law enforcement authorities. You further understand and agree that certain material available on the Internet is copyrighted and may have been distributed in violation of applicable copyright laws, and that you, not ACN, are responsible for determining the legal status of intellectual property or other images, text, and data transmitted over the Internet.
ACN may offer customers e-mail boxes for use with the Service. ACN is entitled to permanently delete any email boxes and all associated emails. As of July 31, 2015, ACN will no longer be offering e-mail boxes as part of the High Speed Internet Service and any current ACN e-mail boxes will be permanently suspended and deleted on that date. ACN shall not be responsible for any loss of personal data that may occur as a result of or in the course of deleting an email box.
The Business High Speed Internet Service is available only to ACN customers who are also purchasing ACN BusinessTalk service or DigitalTalk Express Service. Availability of Business High Speed Internet Service is subject to various technical, geographic and "speed" (data transfer rate) restrictions. The Business High Speed Internet Service is available only to residential customers where technology permits. While the Business High Speed Internet Service works with all major PC operating systems, there are differing technical adjustments and preparations that a Customer may need to make to his system in order to fully utilize the Business High Speed Internet Service. These technical modifications are discussed in more detail in the Installation Guide and those materials delivered to each Business High Speed Internet Service Customer. In some cases, the Customer's premises may not be able to attain the Customer's requested data transfer rates. Due to the nature of internet and network infrastructure ACN does not, to the extent permitted by applicable law, guarantee the performance of the Service. Further, multiple users accessing the same connection or using high bandwidth applications such as P2P sharing services or IPTV will result in a slower overall experience.
5. CHANGES TO THE AGREEMENT
ACN will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law. ACN also reserves the right to discontinue offering certain services without notice.
B. If you continue to subscribe to, use or pay for ACN's services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use, as allowed by law.
6. CREDIT AND DEPOSIT INFORMATION
You give ACN permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that ACN may provide you with telecommunication services. If your telecommunications payment history is not acceptable or is unknown or indeterminable to ACN, ACN may require you to provide some form of security to obtain its services. Security may be provided in the form of an Automatic Bill Payment (ABP), where a customer provides ACN written authorization to directly debit a credit card or chequing or savings account or other payment method for charges incurred. Other forms of security may be accepted at ACN's sole discretion. ACN determines security requirements based on the following criteria:
New Applicants - If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant's name, or a credit review reasonably determines that applicant represents a credit risk, a form of security may be required.
Existing Customers - An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for nonpayment once within a twelve month period.
Applicants for and users of ACN service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated or using the service, you authorize ACN to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past addresses, and in the event it becomes necessary, to recheck such information. If you believe that ACN has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, ACN may/or may not request that said alleged inaccurate information be removed from your credit history.
7. BILLING INFORMATION
A. ACN determines the design and the format of the bill. We will also determine the billing period. We may change both the format and the billing period from time to time and without notice to you. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for services will normally be collected in advance of the of the billing period. When you initially subscribe for your service, ACN will charge then for the first month of service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual activation date. We will bill in arrears usage-based charges and any other charges which we decide are due.
B. You will be charged up to a $20.00 returned cheque charge on all cheques issued to ACN which are returned by your bank for non-sufficient funds. If the law of the province in which you receive service requires a different fee, ACN will charge you that amount. Cheques returned by your bank will be charged electronically to your chequing account through the ACH Network for the face value of the cheque and are subject to the additional returned cheque charge that will also be charged electronically to your chequing account. At ACN's sole discretion, the returned cheque charge may be waived under appropriate circumstances (e.g. a bank error).
C. Any objections to billed charges must be reported to ACN or its billing agent within twenty (20) days of the closing date printed on your billing invoice. Adjustments to your account shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.
D. A Late Payment Fee of up to $5 or 1.5%, whichever is greater, will be charged on any past due balance. If the law of the province in which you receive service requires a different fee, ACN will charge you that amount .
E. If ACN hires a collection agency to collect, or attempt to collect, any charges owed ACN, you may be liable to ACN for an additional payment to recover additional administrative costs, where permitted by applicable law. If ACN incurs any fees or expenses, including legal fees, in collecting, or attempting to collect, any charges owed ACN, you will be liable to ACN for the payment of all such fees and expenses reasonably incurred.
F. You must notify ACN of any change in your invoicing address, or if applicable, in the credit card or chequing or savings account or other payment method used for payment, by calling or writing to ACN Business Customer Service. Please include your account number with any correspondence.
G. ACN Billing adjustments policy: If it is determined that you were overcharged for services, appropriate credits shall be posted to your account. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be disconnected if you fail to pay charges arising from the under billing.
H. Complaint and dispute resolution: If you have questions or concerns about your bill from ACN, please call ACN Business Customer Service. ACN will not disconnect your service for failure to pay any disputed charges until we determine that the charges are accurate. If you file a complaint with the Canadian Radio-television and Telecommunications Commission ("CRTC") about your bill, we will not suspend or disconnect basic local telecommunications service for non-payment of the disputed charge until a decision is rendered by the CRTC. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.
8. ORDERING AND COMMENCEMENT OF SERVICE
The provisioning of Business High Speed Internet Service will require actions on the part of both ACN and the Customer. The timing and completion of such provisioning will be carried out on a commercially reasonable basis.
Business High Speed Internet Service will be deemed to have commenced and billing will begin upon the earlier to occur of the following: (a) when ACN can verify that the Customer's circuit passes traffic or (b) (i) ACN has provisioned the network elements under its control, and (ii) at least five (5) days have elapsed since ACN has confirmed with the Local Exchange Carrier the set up of the Customer's telephone circuit is capable of carrying line shared data services. Provided, that, if a Customer subscribes to the Business High Speed Internet Service along with its initial purchase of ACN BusinessTalk or DigitalTalk Express services, then the Business High Speed Internet Service will not be effective until the ACN BusinessTalk or DigitalTalk Express service has commenced.
All orders requiring non-standard service are subject to acceptance by ACN. If Customer requests changes to the original order or has special requirements not communicated to ACN at the time of the original order and such changes or special requirements affect ACN's ability to meet its obligations under the original order, or require special invoicing or documentation support beyond standard ACN practices, then prices or the commencement date for High Speed Internet Service as specified by ACN with respect to the original order shall be subject to change.
9. TERM AND CANCELLATION OF SERVICE
A. The term of this Agreement is is 2 or 3 years depending on the contract taken with the ACN DigitalTalk Express or BusinessTalk Service .After the expiration of your Initial Term, this Agreement will renew on a month-to month basis.
B. You may cancel your Service and terminate this Agreement by contacting ACN Business Customer Service or sending written notice to ACN at any time. ACN does not offer stand alone Business High Speed Internet Service at this time. Therefore if you subscribe to ACN Business High Speed Internet Service bundled with ACN BusinessTalk and/or DigitalTalk Express, and you decide to cancel all of the services with which your Business High Speed Internet Services are bundled, then your Business High Speed Internet Service will increase in price relative to its portion of the bundled price. Should you wish to cancel your Business High Speed Internet Service as well; early termination fees in the amount of $300, prorated depending on months remaining on your contract, will apply.
Should you choose to cancel the High Speed Internet service at any time, for any reason, you must return your High Speed Internet equipment to ACN within twenty-one (21) days of your cancellation. If your equipment is not received within twenty-one (21) days, a Non-Returned Modem Fee, in the amount of $65, will be applied to your account.
APPLICABLE IN ALL PROVINCES EXCEPT QUEBEC: Should you cancel before the end of the Initial Term, you will be responsible for paying an early termination fee of $300 (prorated depending on months remaining on your contract), along with any other amounts that are currently outstanding. You will also be responsible for payment of all charges, including fixed fees, surcharges, usage-based charges and other charges, which accrue up to the cancellation date. As stated in Section 7A, monthly recurring charges are charged in full as of the first day of a billing cycle and to the extent permitted by Provincial law will not be pro-rated if service is disconnected prior to the end of that billing period.
APPLICABLE IN QUÉBEC ONLY: If you wish to cancel a Service during the Initial Term, an early termination fee will apply in the amount of $300(prorated depending on months remaining on your contract). You will also be responsible for payment of all charges, including fixed fees, surcharges, usage-based charges and other charges, which accrue up to the cancellation date. As stated in Section 7A, monthly recurring charges are charged in full as of the first day of a billing cycle and to the extent permitted by Provincial law will not be pro-rated if service is disconnected prior to the end of that billing period.
C. Upon five (5) days written notice to you, ACN may terminate your service for: (i) non-payment of undisputed charges, including late fees and other charges; (ii) noncompliance with or violation of any provincial, municipal, or federal law, ordinance or regulation pertaining to telephone service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement, or (iv) non-compliance with or violation of ACN's Acceptable Use Policy. As allowed by Provincial Law, ACN shall not incur any liability for damages due to your loss of Internet service and in no circumstances shall ACN be liable for indirect, special, incidental, consequential, exemplary, punitive loss or damage of any kind, or for lost profits or revenues.
D. If your service is cancelled or suspended for any reason, you are still responsible for all outstanding charges for that service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that ACN incurs any fees or expenses, including legal fees, collecting or attempting to collect, any charges owed to ACN, ACN may collect from you all such fees and expenses reasonably incurred, including a Late Payment, on the unpaid charges.
E. ACN reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.
F. ACN may disconnect services for non-payment or failure to maintain required security. ACN may require reactivation charges to re-establish service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.
ACN may subcontract all or part of the performance of the Business High Speed Internet Service to third parties. In such event, the third party contractor may be the person to contact the Customer with regards to the scheduling and the nature of any installation or other work to be performed and shall carry out the work on behalf of ACN.
11. ACCEPTABLE USE AND DISCONTINUANCE OF SERVICE BY ACN
You agree to use the Business High Speed Internet Service only in accordance with ACN's Acceptable Use Policy as posted on ACN's website and amended from time to time. You agree that you will not (i) use ACN's services in such a manner as to adversely affect ACN's services to others; (ii) tamper with the services of ACN; (iii) use the services fraudulently; (iv) use the service to violate any law, rule or regulation or violate any third party's intellectual property or personal rights; or (v) permit or assist any user in disrupting the services or making any use of the service that is inconsistent with its intended purpose or the Acceptable Use Policy. For purposes of this Agreement, excessive usage of the High Speed Internet Service is usage greater than 300 gigabytes per month. ACN reserves the right to bill for excessive use, or disconnect your service. If you, or any authorized or unauthorized users default in this obligation, ACN may refuse or discontinue your service without prior notice. Whenever service is discontinued for improper use of service, ACN may, before restoring service, require you to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. ACN may also refuse, limit or discontinue service without prior notice by reason of any order or decision of the CRTC or a court or other government authority having jurisdiction that prohibits or limits ACN from furnishing such services.
ACN is committed to protecting the privacy of our customer information. We fully support the spirit and intent of Canada's privacy legislation - The Personal
Information Protection and Electronic Documents Act (PIPEDA). Although ACN has always had information protection policies and procedures in place, the purpose of this document is to provide our Customers with information on our current policies and procedures. In particular, this document will provide information about ACN's policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by ACN and is not sold to third parties.
ACN has appointed its Privacy Officer as the person who will be primarily responsible for ACN's policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: ACN, PO Box 720, Station B, Montreal, QC H3B 3K3, Attention: Privacy Officer, or by e-mail email@example.com, or by telephone at 877-226-1010.
ACN collects personal information for a variety of purposes including processing your request for services from ACN. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN also analyses and uses customer information to better improve the products that we offer to our Customers. We analyze personal information relating to you in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you and to offer you those products and services. Where a third party or an affiliate of ACN has a product or service that may be of interest to you, we will forward information relating to any such product or service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information.
Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable ACN to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form. ACN does not sell, rent or lease personal information to third parties.
From time to time, ACN may outsource certain account processing, or other Customer Service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, ACN releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United States and as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States.
From time to time, ACN is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed.
Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information.
The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required by law.
Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. ACN will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected, used or disclosed. For example, ACN will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect ACN's ability to offer or provide, or to continue to offer or provide products or services to you.
All requests for Local, Long Distance, High Speed Internet Service or other service with ACN require either a signed Letter of Authorization or phone order verification prior to ACN proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes section, the conditions of applying for service with ACN are specifically addressed on all LOA's. When you apply for service from ACN we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above.
The type of personal information that is collected may include:
· The Customer's correspondence language preference, first, middle initial and last name, full mailing address, estimated long distance usage, date of birth, credit card number or other payment method information.
· Banking information to facilitate pre-authorized, or other, payments.
· Information that will assist and enable ACN to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada.
The personal information collected is limited to information that is necessary for the purposes identified above. Certain personal information may also assist ACN in obtaining a credit bureau report, to review and make a decision about the applicant's request for service. Additionally, this information enables ACN to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you.
Limiting Use, Disclosure and Retention
Personal information relating to customers may be shared with, and used or analyzed by, between or among ACN's parent, affiliates and authorized agents and Independent Business Owners with whom ACN has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with ACN's corporate transactions or business. In each case, however, ACN will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy.
ACN provides commissions to Independent Business Owners in accordance with ACN's marketing plan. Personal information relating to customers may be provided in connection with ACN's commissioning process.
Your personal information will be retained either in a file titled with your name at ACN, PO Box 720, Station B, Montreal, QC H3B 3K3, or at ACN Inc.'s corporate office located at 1000 Progress Place, Concord, NC 28025- 2449. ACN retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.
ACN continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a Customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, ACN will update the information in our system upon receipt and verification, if necessary.
We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy.
Personal information in hard copy (paper) form (such as a LOA) is held securely within ACN. Access to ACN's file storage room is granted to only a limited number of individuals who are also required to maintain the security of ACN's files.
ACN would be pleased to discuss this policy, and the steps that ACN has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: ACN, PO Box 720, Station B, Montreal, QC H3B 3K3, Attention: Privacy Officer, or by e-mail at firstname.lastname@example.org, or by telephone at 877-226-1010.
Requests for access to personal information should be forwarded, in writing, to the attention of the ACN Privacy Officer. As ACN carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. ACN may, for example, require information such as examples of telephone numbers the Customer would have recently called, recent payments made to ACN and other relevant information as may be necessary.
Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to ACN's Privacy Officer for review and resolution.
Should any individual, business or customers of ACN wish to challenge our compliance with respect to PIPEDA or ACN's measures to address the security of personal information, please contact the ACN Privacy Officer in writing at ACN, PO Box 720, Station B, Montreal, QC H3B 3K3, or by e-mail at email@example.com, or by telephone at 877-226-1010. ACN's complaint resolution procedures will be made available upon request.
13. LIMITATION OF LIABILITY INDEMNIFICATION AND NO WARRANTY
A. To the fullest extent permitted by law, ACN's liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission, which occur in the course of furnishing service, will be limited to issuing a credit in an amount equivalent to the proportionate charge to you for the period during which the faults in transmission occur, but in no event shall ACN's total liability for any such transmission fault exceed $50.
B. ACN will not be liable for any claim or loss, expense or damage (including direct, indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service provided, if caused by any person or entity other than ACN, or by any malfunction of any service or facility provided by any other carrier or vendor, by an Act of God, natural disaster, fire, war, civil disturbance, or act of government, or by any other cause of force majeure.
C. To the fullest extent permitted by law, ACN will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, or for lost profits or revenues, by reason of any act or omission in ACN's performance under this Agreement. This provision shall survive the termination of this Agreement.
D. ACN shall not be liable for any claim, loss or refund as a result of loss by you or theft of Personal Identification Numbers issued for use with ACN's services.
E. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by ACN, ACN's liability, if any, will be limited to credit allowances for interruptions of service as required by law.
F. To the fullest extent permitted by law, with respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by ACN, ACN's liability, if any, is limited to the lesser of: (i). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (ii). $50.
G. ACN will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in ACN's offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities, or services such as alarm services or DSL that are interconnected with ACN's services.
H. ACN will not be liable for any corrupted data, files or viruses which affect you or your ACN High Speed Internet Service using a wireless device. ACN will also not be liable for theft, unauthorized use, system corruption or privacy violations of information you choose to transmit through use of the wireless service. It is your responsibility as user to safeguard your system and the privacy of the information you transmit through appropriate means (for example, using commercially available software. Any detriment cause to the ACN network as a result of your failure to properly secure your system may result in the immediate cancellation of your Service.
I. Indemnification:. Customer agrees to defend, indemnify and hold harmless ACN, its officers, directors, employees, affiliates and agents and any other third-party provider who furnishes products or services to Customer in connection with this Agreement or the Service or Device (and, at ACN's option, either defend ACN and/or its service providers or pay ACN and/or its service providers' cost of defense) from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever ("Liability"), including reasonable attorneys' fees, related to or arising from: (a) the use of the service by Customer or any User; (b) any violation of applicable laws, regulations or this Agreement by you or any User; (c) negligent acts, errors or omissions by you or any User; (d) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of ACN; (e) claims for infringement of any intellectual property rights arising from your or any Users' use of the service, Software, the Internet, Personal Data; (f) claims arising from Content transmitted by or to you or Users; or (g) the use of the Services with any interface devices not provided by ACN. This provision shall survive the termination of this Agreement.
J. No Warranties or Conditions: TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND ACN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE OR THE DEVICE WILL MEET CUSTOMER'S REQUIREMENTS, PROVIDED, HOWEVER, THAT IN QUÉBEC ONLY, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT IT EXCLUDES OR RESTRICTS THE WARRANTIES PROVIDED FOR IN SECTION 37 OR 38 OF THE CONSUMER PROTECTION ACT. WITHOUT LIMITING THE FOREGOING, ACN DOES NOT WARRANT THAT THE SERVICE OR THE DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ACN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE DEVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ACN'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S CONTENT, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ACN'S OR ITS SERVICE PROVIDERS' OR VENDORS' NEGLIGENCE STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY ACNIR ACN'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
APPLIES ONLY IN QUEBEC. Except for the legal warranty and the contractual warranty set forth in above, ACN does not give any other warranty and ACN does not make any representation to the consumer regarding the services offered other than those set forth in this Agreement.
14. GOVERNING LAW
APPLICABLE IN ALL PROVINCES EXCEPT QUÉBEC: This Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of Province of Ontario and the laws of Canada as applicable therein, without reference to choice of law rules. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby excluded.
APPLICABLE IN QUÉBEC ONLY: This Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of Province of Québec and the laws of Canada as applicable therein, without reference to choice of law rules. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby excluded. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Province of Québec.
All information available at www.myacncanada.ca is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Services, Devices and publications are commercial in nature. Any materials copied or downloaded from this site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of ACN service without the express written consent of ACN. All terms and conditions of service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. ACN reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, ACN will have no further obligations to you.
C. Severability: Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.
D. Notices: All notices required or permitted by this Agreement will be provided as follows. Notices from ACN to you will be sent to your last known address as reflected in the company records of ACN, and provided by one of the following methods: (i) by Canadian Post, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to ACN that are required to be in writing shall be mailed to ACN Customer Service. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the Canadian Post, postage prepaid; or (ii) on the same business day, if sent to you by email.
E. Authority: By enrolling in, using, or paying for ACN's services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein.
F. Discrimination: ACN's services are provided without discrimination as to a Customer's race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.
G. Survival: Sections 7B through 7E, 9B, 9D, 13, and 15 shall survive termination of this Agreement.
16. CONTACT INFORMATION
Customer Care Numbers:
Business High Speed Internet - General Inquiries: 877-226-1010
Business High Speed Internet - Technical Support: 888-414-1958
PO Box 720, Station B, Montreal, QC H3B 3K3
ACN Web Site: www.myacncanada.ca
These T&Cs may be published in a number of languages for information purposes and ease of access by customers. It is only the English version that is the legal basis of the relationship between You and ACN, and in case of any discrepancy between a non-English version and the English version of these T&Cs, the English version shall prevail.