Terms and Conditions

FiberSpeed Inc. (hereinafter referred to as “FiberSpeed”) is pleased to provide FiberSpeed Internet Services (the “Service”) to you on the terms set out below. Please read these Terms of Service carefully before using the Service.

1. INTERPRETATION:Through this agreement the words “we”, “our” and “us” refer to the Owner, FiberSpeed and the words “you” and “your” refer to the Subscriber indicated on the FiberSpeed Service Agreement.
2. AGREEMENT:These Terms of Service, and Privacy Policy posted on our web site at www.FiberSpeed.ca, constitute the entire agreement (the “Agreement”) between you and FiberSpeed (“FiberSpeed” or “us” or “we”) with respect to your use of the Service. By establishing an account or using the Service, you agree to be bound by and to use the Service in compliance with the Agreement. We may change, add or remove portions of the Agreement at any time. We will notify you of any changes to the Agreement by a posting on our web site, or by email, postal mail, or other means. Continued use of the Service following notice of the changes means that you agree to and accept the Agreement as amended. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Service and notify us that you are terminating the Agreement.
3. THE SERVICE & SPEED OF SERVICE: The Service includes the services specified on your Service Agreement and any other services that FiberSpeed may provide to you from time-to-time. FiberSpeed provides the Service on a “reasonable efforts” basis and does not guarantee upload or download speeds. Given the logical and physical design of the Internet network, FiberSpeed cannot guarantee a specific speed to subscribers when navigating particular sites. There are numerous factors that affect internet speed, including but not limited to the subscriber’s location, weather, Internet traffic, the subscriber’s router capability, the specific technical configuration of the subscribers computer, the status of the subscriber’s computer (i.e. firewall, procedures for optimization, antivirus analysis, backup, etc.) and other factors beyond FiberSpeed’s control. Internet speed could also be temporarily affected by factors like acts of God, vandalism on FiberSpeed infrastructure or cyber attacks on FiberSpeed network. Such factors could affect FiberSpeed’s ability to provide access speed according to customer’s agreement. FiberSpeed will do all necessary efforts to reinstate service in proper parameters, yet such efforts could take from a few hours to a few days depending on the cause and nature of the problem. The above factors could also cause a complete service outage. FiberSpeed will do all necessary efforts to reinstate the service in case of such outages. If such outage exceeds a duration of 3 business days, FiberSpeed will issue credits that will be proportional with the number of days the service was not provided. FiberSpeed will not issue credits if service is provided at a reduced capacity and this reduced capacity has been caused by the factors enumerated above or by other factors outside of FiberSpeed control.
4. USE OF SERVICE: You are prohibited from using the Service and shall use reasonable efforts to ensure the Service is not used for a purpose or in a manner that is contrary to laws including, without limitation, all copyright, trademark and obscenity laws applicable to any content or information transmitted via the Service. Usage of Service for torrent sharing, torrent streaming, peer to peer P2P streaming or other file sharing or content sharing services is prohibited. Usage of mass e-mailing software also known as spamming deliberately or due to malware infection of a computer is also prohibited. It is user’s responsibility to protect his computer with a proper and effective antivirus and insure his computer is clean of malware that could act as SPAM source.  Usage of service for hosting web servers or other Internet services servers is prohibited. FiberSpeed will monitor service usage for abnormal use and notify Subscribers that do not follow the “Use of Service” terms. If such illegal use of the Service continues, FiberSpeed at its discretion can terminate the distribution agreement with the respective Subscriber. FiberSpeed does not block any ports of communication to Subscriber equipment. FiberSpeed will allocate a private IP address to every user through the Dynamic Control Host Protocol but will not provide any port forwarding services to this private IPs, so the Subscriber should understand that he/she won’t be able to perform a remote connectivity session or VPN session to his home equipment (router/computer). The only option to connect to a home equipment is to have an internal initiated remote desktop application permanently connected to Internet like TeamViewer and access this device using the IDs and passwords set up on this device in advance. For an additional cost, FiberSpeed can allocate a public IP only to Business Subscribers, IP address that will entitle the Subscriber to direct remote connectivity to its devices using a VPN or remote connectivity software. Neither Residential nor Business Service plans can be used to redistribute Internet services in a private setting like camps, parks, clubs or other such locations.
5. SECURITY: You are responsible all the time for protecting your accounts and passwords to your computers or devices connected to the Service. FiberSpeed does not provide any firewall protection and it is Subscriber’s responsibility to insure he/she has proper protection in place for the equipment connected to our Service. This protection consists among others in personal firewalls and/or antivirus software. FiberSpeed recommends the usage of an Internet Gateway/Router in order to protect direct access to your personal equipment connected to Internet. FiberSpeed does not assume any responsibility for the acts or omissions of your use of the Service. You assume total responsibility and risk for access to or use of content and for the use of the Service.
6. CHANGES TO SERVICE: We reserve the right to change the Service, the monthly fees or administrative charges at any time upon 30 days notice. You understand that the facilities used to provide the Service may change from time to time. You also understand that if there is a change in Internet facilities, you may be required to realign and/or relocate your receiving antenna at your own expense in order to continue to receive the Service. FiberSpeed will also provide re-alignment services for a fee in case that your antenna becomes misaligned due to conditions generated by weather, or deliberate tampering with antenna positioning. FiberSpeed will provide such re-alignment services at a cost that will be indicated to you at that respective time.
7. TERM: This Agreement will begin upon the activation of the Services and will continue until you decide to cancel the service. A 30 days notice is required in order to cancel the service and you will be required to pay for those last 30 days either you chose to use them fully or just partially. This is due to the contractual engagements that FiberSpeed has with its own service providers, engagements that are paid in advance for one month.
8. FEES: You agree to pay us the applicable monthly fees for the Service, rental charges for Equipment, if applicable, all applicable taxes and any administrative charges that may be assessed (the “FEES”). You must provide us with accurate and complete billing information including your legal name, address, telephone number and credit/debit card/billing information and report all changes to this information to us within 30 days of the change. You authorize us to make inquiries and to receive information about your credit experience from others, to enter this information in your file and to disclose information about you to third parties, in accordance with our privacy policy. You acknowledge that we may provide credit experience information regarding your account to others seeking this information.
9. PAYMENTS: FiberSpeed will only accept payment for the service in a form of credit card or debit card/Interac payment. In the future an automatic bank account deduction might be offered as payment option. You authorize us to deduct from your credit card or debit card the amount which is equal to the total due for the Service each month, according to the method of payment you specify when you purchase the Services. The automatic billing will be made each month in advance. We are not responsible for any fees for overdrawn accounts, exceeding credit card limits, or similar expenses resulting from automatic billing. It is Subscriber’s responsibility to update FiberSpeed with any changes with regards to payment method, respectively expiration or cancelation of credit/debit card, in order for FiberSpeed to have accurate records and be able to process the payment at the due date. In order to keep expenses down, FiberSpeed does not issue monthly bills for home subscribers and the credit card statement or bank account statement will serve as proof of purchase. For special situations where such invoices are required by Subscriber, FiberSpeed can issue an invoice for an additional cost of 5 CAD which includes mailing the invoice to Subscriber by regular mail. FiberSpeed will issue electronic invoices to commercial/business Subscribers and these invoices will be sent to the Subscriber by e-mail. If commercial/business Subscribers desire a mailed by regular postal service invoice an additional fee of 5 CAD will be charged for each issued invoice.  Delinquent accounts may be suspended or cancelled in our sole discretion. However, Fees will continue to accrue until the account is cancelled. We may bill an additional charge to reinstate a suspended account. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
10. LATE FEES AND COLLECTION CHARGES:If any amount payable to us is not paid within ten (10) days of its due date, you agree to pay us a late charge of 2.0% per month of the amount which is late, or if less, the maximum amount allowable under applicable law. A fee of 15 CAD will be applied for every failed payment as administrative fee in case such late payments are repetitive and this fee will be applied on top of the 2% per month late charge.
11. EARLY CANCELLATION: You may cancel this agreement without further obligation on your part and receive a refund of your initial Fees as well as the cost of the standard installation in the first 30 days after installation if the Service is not working as described by FiberSpeed. If Service is working but still want to cancel the agreement you will only be refunded the monthly service and not the installation fee. In the event of such cancelation and where you are in possession of FiberSpeed Equipment, we shall arrange to have an installer attend at your premises and remove all FiberSpeed equipment, respectively receiving antenna, reflector dishes, cables, tripods, brackets, poles, etc  and return them to us.
12. SOFTWARE LICENCE:FiberSpeed grants you a limited, nonexclusive, non-transferable and non-assignable license to install and use the FiberSpeed software (including software from third-party vendors), associated documentation and any updates (“Licensed Programs”). You will use the Licensed Programs solely in conjunction with the Service and for no other purpose. We may modify the Licensed Programs at any time, for any reason, without providing notice to you. The Licensed Programs are confidential and proprietary information of FiberSpeed and our licensors and embody trade secrets and intellectual property protected under Canadian copyright laws, other laws, and international treaty provisions. All right, title and interest in the Licensed Programs, including associated intellectual property rights are and will remain with FiberSpeed and our licensors. You will not translate, decompile, reverse-engineer, distribute, remarket, disassemble or otherwise dispose of the Licensed Programs or any part thereof or make any other unauthorized use of such software.
13. REQUIRED EQUIPMENT:You acknowledge that we have informed you of the recommended minimum computer requirements for the efficient operation of the Service. If you install the Service on a computer that does not meet the recommended minimum computer requirements, you will not be entitled to receive customer support for any issues other than the quality of the signal delivered to your modem. We do not represent or warrant that a non-recommended configuration will enable you to access, operate or use the Service, nor that any such installation will not cause damage to your computers, peripherals, software or data.
14. RENTAL OF EQUIPMENT:Subject to the terms and conditions herein contained and where you are subscribing to FiberSpeed Internet Services that require the rental of Equipment, you agree to rent the Equipment described above (the “Equipment”) and agree to the terms and conditions of this Agreement (the ” Agreement”). If not otherwise indicated rental of the Equipment is free for the duration of Subscriber having a Service agreement with FiberSpeed. The Agreement will be effective from the date of acceptance by our authorized representative and will begin on the Activation Date indicated on the FiberSpeed Service Agreement. In the event of termination of this Agreement, the Equipment shall be returned to us and you shall be liable for any damage to the Equipment, normal wear and tear excepted. FiberSpeed may send a representative to remove the equipment from your property including antenna, splitters, cables, tripods, masts if it considers that such equipment is worthy and can be re-used to other subscriber. Otherwise, if FiberSpeed deems such equipment of no value for FIberSpeed and communicates that to the Subscriber, it is Subscriber’s responsibility to dispose of the equipment.
15. OWNERSHIP AND TITLE:We are the owner of the Rental Equipment and have title to the Rental Equipment. We may require plates or other markings to be affixed or placed on the Equipment indicating that we are the owner. Other trademarks and proprietary marks on the Equipment are and shall remain the property of the manufacturer. You shall not do anything to infringe upon, harm or contest the validity of the aforesaid trademarks or other marks of the manufacturer. We confirm that it is our mutual intention that the Equipment remains personal property even if it is attached to real property and that you are responsible for any damage caused to any real property by the removal of the Equipment from the real property, either by you or us. You will provide us with your landlord’s consent to the attachment of the Equipment if necessary.
16. WARRANTY FOR RENTAL EQUIPMENT:FiberSpeed offers free rental for its initial provided equipment for all active subscribers. Subscriber assumes the risk of using such equipment. You acknowledge that we do not manufacture the Equipment. Other than as set forth herein, we make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose in connection with this Agreement or the Equipment. You agree to continue making payments to us up to the time of termination of this Agreement, regardless of any claims you assert against the manufacturer or supplier. We transfer to you, to the extent possible, for the duration of this Agreement any warranties made by the manufacturer or supplier. We are not liable to you for any loss, cost, expense or damage of any kind caused directly or indirectly by the Equipment or the use, operation, ownership or maintenance of the Equipment or for any loss of business or damages whatsoever or however caused. We will transfer to you the warranty provided by manufacturer which in our case is one year from the moment the equipment is installed and we will provide you a free Equipment replacement during this one year of warranty, including free installation of this replacement Equipment. At the end of this one year of warranty Subscriber assumes the risk of using the Equipment and if Equipment is deemed defective due to various causes, it is Subscriber’s responsibility to purchase another receiving equipment from FiberSpeed. Due to proprietary software installed in the Equipment, the equipment needs to be purchased from FiberSpeed directly and any similar or identical Equipment purchased from other sources will not be activated in FiberSpeed Network. A list with prices for Equipment replacement can be asked by e-mail from FiberSpeed.
17. INSTALLATION:For subscribers of FiberSpeed, equipment is highly sophisticated, and Industry Canada regulations for installing and pointing the antenna are very stringent. A professional FiberSpeed certified installation technician must install the Equipment. Subscribers are responsible for all costs and scheduling associated with the installation. You are responsible for all inside wiring necessary to install the service. Installation and use of the Equipment may result in service outages or potential damage to your computer. You are solely responsible for backing up all existing computer files. FiberSpeed and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts on or loss of any warranty associated with the opening of your computer for installation. FiberSpeed does not represent, warrant, or covenant that installation by a third party chosen by you will enable you to successfully access, operate, or use the service, nor that such installation will not cause damage to your computer, data, software, files, or peripherals, in addition, FiberSpeed shall have no liability whatsoever for any damage, or for the failure to properly install, access, use or operate the equipment or service because of your installation. This limitation of liability is in addition to and in no way limits any and all limitations of liability set forth elsewhere in the agreement. Fees associated with installation of the Service may differ from Subscriber to Subscriber due to particularities of Subscriber’s location in relation with our distribution tower. Due to differences in necessary equipment for each installation, the costs of installation will vary and these costs will be communicated at the evaluation visit. Our standard installation fee is 299 CAD plus tax and includes our standard 23dB antenna, 10 meters of Ethernet cable and maximum 3 hours work time on installers part. Any additional equipment, need for higher gain antenna, tripods, masts, supports, additional cable or any other materials needed for installation will be quoted to Subscriber at the initial visit and once accepted will become Susbcriber’s responsibility to be paid. Our installers will make every effort to complete the installation in the allocated initial 3 hours, yet if such installation requires more than 3 hours, each additional hour will be billed at a rate of 99 CAD per hour. On the other hand if installation is completed in less than 3 hours, no credit will be issued on the installation costs. From time to time we might offer discounted installations. These discounted prices are applied only to our standard installation and products associated with standard installation. All the other additional equipment, materials and additional hourly rates exceeding the initial 3 hours installation time remain unchanged.

18 SUPPORT: FiberSpeed primary way of support is through e-mail and you should e-mail us at support@fiberspeed.ca to notify us of any issues you may experience with the service. If e-mailing us is not possible due to complete lack of Internet service, FiberSpeed will publish a phone number on our website which will serve as voice to e-mail service. You are requested to select the desired department and leave a message explaining your issues. A FiberSpeed representative will contact you as soon as possible to provide you assistance.

19. EQUIPMENT LOCATION, USE AND REPAIR:You will keep and use the Equipment only at the location shown on the FiberSpeed Service Agreement. You agree that the Equipment cannot be moved without advance written permission. Other than as provided herein, you are responsible for keeping the Equipment in good repair, condition and working order. Except for normal wear and tear, you are responsible to protect the Equipment from damage or any kind of loss. We are not responsible for any losses or damage caused by the installation or use of the Equipment, or from any other kind of loss while you have the Equipment.
20. DISCLAIMER AND LIMITATION OF LIABILITY:THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. WE MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY OUR REPRESENTATIVES OR US SHALL CREATE A WARRANTY. FIBERSPEED SATELLITE AND ITS EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, FIBERSPEED’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE PREVIOUS THREE (3) MONTHS. FURTHERMORE, FIBERSPEED SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE; ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; AND THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES DEFAMATION, PASSING OFF, UNFAIR COMPETITION, OR OBSCENITY LAWS INCLUDING ANY COMMUNICATION TRANSMITTED IN CANADA THAT IS “OBSCENE” AS DEFINED BY THE CANADIAN CRIMINAL CODE.FIBERSPEED IS NOT RESPONSIBLE FOR ANY RISKS CAUSED BY USING THE SERVICE FOR VOICE OVER IP PHONE SYSTEMS AND UNAVAILABILITY OF THIS PHONE SYSTEM WHEN INTERNET SERVICE IS DOWN. SUBSCRIBER SHOULD HAVE ALTERNATE METHODS OF PHONE CONECTIVITY ESPECIALLY FOR EMERGENCY SERVICES LIKE 911 AS FIBERSPEED CANNOT GURANTEE THE AVAILABILITY OF SUCH EMERGENCY SERVICES ON A CONTINUOUS BASIS.
21. TERMINATION:Either you or we may terminate this Agreement at any time 30 days upon written notice given to the other party. If you should fail to pay the Fees or to pay any other amount owed to us at the times and in the amounts specified, or otherwise breach these Terms of Service, we may terminate the Services without notice and without any liability whatsoever. Reactivation of the Services may result in a reactivation charge payable by you as established by us. If we are prevented from providing the Services by any law, regulation, requirement, notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Services, you acknowledge and agree that we may immediately cease providing the Services without any liability to you. If FiberSpeed cannot provide you the Services due to technical capabilities that are not in control of FiberSpeed, like unavailability of the signal at the location, unavailability of the tower due to weather related events or any other sort of events, like termination of the tower lease agreement  for any reasons, for the tower serving your area, you aknowledge and agree that we may immediately cease providing the Services without any liability to you.
22. ASSIGNMENT:You have no right to sell, transfer, assign or sublease the Rental Equipment or this Agreement. We may sell, assign or transfer this Agreement or the rights in the Rental Equipment. You agree that if we sell, assign or transfer this Agreement, the new owner may have the same rights or benefits you have now. You agree that the rights of the new owner will not be subject to any claim, defense or setoff that you may have against us.
23. CUSTOMER’S WAIVER:To the extent not prohibited by law or statute, you hereby waive the benefit of all provisions of all applicable conditional sales, regulatory, credit or other statutes and all regulations made there under in any applicable jurisdiction which would in any manner affect, restrict or limit our rights and remedies under this Agreement. To the extent permitted by law, you hereby waive any right to receive copies of any financing statements or financing change statements filed in connection with this Agreement.
24. SEVERABILITY:Any provision of this Agreement, which is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement.
25. BINDING NATURE:This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.
26. MISCELLANEOUS:Your obligation to pay the Fees and other sums and all other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, setoff, defense or counterclaim for any reason whatsoever. Any change in any of the terms and conditions of this Agreement must be in writing and signed by us. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any right at a later time. All of our rights and indemnities will survive the termination of this Agreement. By accepting our Service You acknowledge that you read and agreed with this Agreement.
27. GENERAL:The laws of the province in which you are using the Service exclusively govern this Agreement. We may sell, assign, or transfer your account to a third party without notice to you. You may not assign or transfer the Service without our written consent.