Terms and Conditions

 

Simconet Technologies Inc. High Speed Internet Services:
Customer Service Agreement (and Internet Use Policy)

 


 

1.General

1.1This Customer Service Agreement and Internet Use Policy ("Agreement") issued by Simconet Technologies Inc. ("Simconet") sets out the duties and responsibilities associated with providing Simconet's customer ("Customer") with the Internet service and any value-added service(s) that Customer has selected or is receiving from Simconet through a designated Simconet account ("Service").

1.2 Customer is solely responsible for all access to and use of the Service through Customer's account, including any breach of this Agreement, by Customer or any authorized user of Customer's account. If Customer does not wish to be bound by the terms and conditions of this Agreement, and pay the fees, charges, taxes and expenses associated with the Service, Customer may not access or use the Service.

1.3 Simconet reserves the right, from time-to-time, to update this Agreement, and Customer's continued use of the Service shall confirm Customer's agreement to such updates.

1.4 Simconet reserves the right to take all actions, including immediate suspension of the Service, which it considers necessary to assure Customer's compliance with this Agreement. Customer will be responsible for all additional costs, liabilities and expenses incurred by Simconet resulting from a breach by Customer of this Agreement.

2.Customer Obligations

2.1Customer shall use the Service for lawful purposes only. Customer shall arrange for the supply, installation and maintenance of any Customer or third party provided equipment or software and ensure that such equipment or software is installed and maintained according to the manufacturer's specifications and the Customer's specifications, if any. Customer shall ensure that any Customer supplied equipment meets the minimum requirements stated by Simconet as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, Customer supplied equipment may cease to be adequate to access and use the Service. The Service is available as, where, when, and to the extent that technology permits.

2.2 Customer shall ensure at all times that the Simconet provided equipment and Customer or third party provided equipment is stored in a manner and in an environment which conforms to the relevant equipment manufacturer's specifications. Customer shall be responsible for the loss of and risk or damage to the Simconet provided equipment except where caused by the negligence or willful misconduct of Simconet.

2.3 Customer shall provide all necessary infrastructure, including without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of the Simconet provided equipment and the Customer or third party provided equipment in accordance with the Canadian Standards Association or other specifications or regulations as applicable.

2.4 Customer shall permit Simconet or its third party provider’s prompt and safe access to its premises for the purpose of performing its obligations under the Service or disconnecting and removing the Simconet provided equipment.

2.5 Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Service by Simconet. Customer agrees not to tamper with, alter or otherwise rearrange the Service nor shall it permit or assist others to abuse or fraudulently use the Service including but not limited to using the Service (i) in any manner which interferes unreasonably with the Service or Simconet's network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights. Without limiting the generality of any other term or condition of this Agreement, Customer shall solely be responsible for use of the Service by any of its employees, officers, directors, agents as well as its end users and agrees to take all necessary measures to ensure that such persons use the Service in accordance with these terms and conditions.

2.6 Customer agrees to comply with (i) the Internet Use Policy set forth herein, and (ii) any third party software license terms and conditions in respect of software used by the Customer in connection with the use of the Service. Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment which are not provided by Simconet. Simconet shall not be responsible if any changes in the Service cause equipment, hardware or software not provided by Simconet to become obsolete, require modification or attention, or otherwise affect performance of same.

3.Warranty Waivers

3.1Customer acknowledges that Simconet does not warrant uninterrupted or error free Service or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Service, and Simconet shall be permitted from time to time to interrupt the Service without notice in order to provide maintenance, upgrades and modifications to the Service.

3.2 The warranties provided in this Agreement are in lieu of all other warranties and conditions. Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchant-ability, fitness of a particular purpose, or availability or reliability of the Service.

4.Remedies

4.1Subject to section 5, Simconet's and any third party provider's total cumulative liability, if any, to the Customer for damages arising out of or in connection with this Agreement and the provision of the Service will in no event exceed the total aggregate monthly charges (net of all discounts and credits) paid by Customer during the period such damages were incurred, such period not to exceed three (3) months, for the specific service that allegedly gave rise to the damages.

4.2 Customer's sole and exclusive remedies against Simconet and any third party provider in respect of the Service and this Agreement shall be as stated in this Agreement.

5.Termination

5.1Customer may terminate any or all of his services provided by Simconet any time by sending a written, dated notice or by email or by contacting Simconet staff at the appropriate contacts in his terms of service. Either party may, at its option, terminate this Agreement effective five (5) days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under bankruptcy or insolvency legislation or if it shall be declared or adjudicated bankrupt, or if an application is made in respect of it under bankruptcy or insolvency legislation, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers shall be appointed of or for it or if it shall commit any act of bankruptcy or institute proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointment or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an insolvent person.

5.2 Simconet may terminate this Agreement in the event that the Customer is in breach of any material term of this Agreement (other than a failure to pay an amount when due) and shall fail to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from the Simconet. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (2) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that the Customer has used and continues to use all reasonable commercial/personal efforts to cure the breach in a timely manner.

5.3 Simconet may terminate this Agreement in the event the Customer fails to pay any amount payable here under when due and fails to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from Simconet. Simconet may terminate this Agreement, by giving no less than three (3) days’ notice, if, in Simconet's sole judgment, Customer is in violation of any term or condition herein, or in Simconet’s sole judgment, Customer's use of the Service places, or is likely to place, unreasonable demands upon Simconet or could disrupt Simconet's business operations. Simconet may terminate this Agreement at any time for convenience, by giving no less than thirty (30) days' notice. Customer may terminate this Agreement in the event Simconet fails to provide the Service when due and fails to remedy such breach within five (5) days after receiving written (by email, mail or fax) notice thereof from Customer.

5.4 All modem sales are final, no refunds will be allowed unless modem purchased by Customer is defective and Customer is in good active standing with Simconet and warranty period is still effective. All sales are final unless service has not been activated for a (21) day period following their purchase of services.

6.Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SIMCONET OR THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF SIMCONET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT SIMCONET WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER'S AGREEMENT TO LIMIT SIMCONET AND ITS THIRD PARTY PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN. CUSTOMER'S SOLE REMEDY IS AS PROVIDED IN THIS AGREEMENT. SIMCONET AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICE FURNISHED BY SIMCONET IN COMBINATION WITH SERVICE, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES; OR (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS. THIS SECTION 6 SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.

7.Binding Agreement

7.1This is the entire, binding agreement between Simconet and Customer, made under the laws of Ontario, Canada, pertaining to use of the Service and supersedes any prior agreements between Customer and Simconet with regard to its subject matter.

7.2 Simconet's failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a waiver of any right or provision.

7.3 If any of the provisions (or parts thereof) contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

7.4 The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents que s'y rattachent soient rediges en anglais.

8.Activation Fee

Activation fees are non-refundable when order processing has been started by a sales representative.

9.Diagnostic Maintenance Charges

A diagnostic maintenance charge will apply when a Bell or Rogers technician is dispatched to your premises, performs work either inside or outside (demarcation point) and no problem is found with Bell or Rogers Company’s facilities or equipment. Also if any inside wiring or jacks requiring repair/installing. Bell Canada will charge Simconet $87.70 + Tax and this charge will be passed onto the client.

10.Inside Wiring "ISW"

All inside wiring beyond Bell Canada's demarcation point is responsibility of the customer. Simconet only provides services up to the demarcation point for dry loop ADSL services.

11.Chargebacks

Any client initiating chargeback with their card holder for any charges billed by Simconet will result in $150 fine per charge back applied to your account. Any amounts unpaid will be submitted to collections.

12.Modem Rental

Any modem rented to customer by Simconet is property of Simconet. Any unreturned modems will result in $150 set loss charge applied to your account. Any amounts unpaid will be submitted to collections.

13.Schedule Installation Dates

Take note that install dates assigned by our respective service providers may change at any time. We have no control over these circumstances and will not warrant or compensate for any such delays.

INTERNET USE POLICY

1. Customer shall not:

(a) Post, transmit, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability including without limitation a material misrepresentation or breach of contract, or otherwise use Simconet or the Service in a manner which is contrary to law.

(b) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(c) Post, transmit, or otherwise distribute any inappropriate, profane, defamatory, infringing, confidential, or unlawful material or information;

(d) post, transmit, or otherwise distribute any information or software which contains, replicates, or distributes the data of, a virus, bot, Trojan horse, worm or other harmful or disruptive component; nor allow your machine to be operated as a so-called "zombie" server;

(e) Upload, download, post, publish, transmit, reproduce, or otherwise distribute in any way, information, software or other material obtained through Simconet or the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder;

(f) Impersonate or falsely represent your identity or association with any person, including a Simconet person or another Simconet customer; and

(g) use, reproduces, sell, re-sell or otherwise exploit Simconet, or the Services, for any commercial purposes not authorized by Simconet’s Customer Service Agreement.

2. Simconet has 'zero tolerance' for UBE/UCE (unsolicited bulk email/unsolicited commercial email). Simconet defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiable request such material from that specific sender. Simconet's spamming policy is as follows,

(a) Customers or any user of bandwidth and/or Simconet Services (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Simconet may consider the lack of such proof of explicit affirmative permission to be a questionable mailing of UBE/UCE at its sole discretion;

(b) Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for it’s (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of Service;

(c) Customers will be notified in the event that they may be enabling sites listed as violators of the above policy. Failure to rectify such situations may be cause for termination;

(d) Customers are prohibited from enabling websites that have been included in UBE/UCE. Enabling includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services;

(e) Valid complaints received by Simconet may lead to immediate termination or suspension of the Service. Simconet may block traffic without prior notice to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring; and

(f) Simconet reserves the right to suspend and/or cancel permanently any and all Service without prior notification in the event of violation of this Internet Use Policy term or condition of the Usage Policy or if use of the Service disrupts or, in Simconet 's judgment, could disrupt, Simconet 's business operations. Simconet reserves the right to charge a liquidated damages fee of $500, in addition to and without limitation of any other rights or remedies it may have.

3. Nothing contained in this policy shall be construed to limit Simconet's actions or remedies in any way with respect to any of the foregoing activities. Simconet reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Simconet network, and levying cancellation charges to cover Simconet's costs. In addition, Simconet reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

To report an incidence of abuse, please report it to abuse-report@simconet.ca


 

 

 

Office Address

Main Office:
Simconet Technologies Inc.
2967 Dundas St. W, Unit#286
Toronto, Ontario, Canada
M6P 1Z2

Contact Us

Phone:     647-478-6575
Phone:     416-605-8294
Toll Free: 1-877-686-5501
Working Hrs:

Mon - Fri -09:30AM to 09:30PM
Sat – Sun –10:00AM to 06:00PM