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TERMS AND CONDITIONS

OMBREX TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Effective Date: November 30, 2016

The Customer recognizes and accepts that the present terms and conditions may be modified by Ombrex Telecom at any time in accordance with the provision herein and any changes will be posted on www.ombrex.ca, along with the effective date


APPLICABILITY

These Terms and Conditions govern the provision of and use of residential services, including, but not limited to, Digital Home Phone, High Speed Internet, TV and Long Distance services provided by Ombrex, as well as any hardware, equipment or devices provided by Ombrex in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term


PAYMENT

Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. Ombrex requires pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. Overdue amounts are subject to interest fees of 1.00% per month (12.00% per year).

For all packages, the acceptance of the order is conditional on the payment of the first invoice which includes the shipping, activation and installation fees, as well as service charges for the initial billing period. The payment is non-refundable unless Ombrex cannot provide the service to the Customer.

In the event of a payment default, any outstanding amount becomes immediately payable and due. A fifteen dollar ($15.00) charge may be applied for any payment items returned by the bank. In the event of returned pre-authorized charges to a bank or credit card, Ombrex may attempt to process payment before the next regularly scheduled payment.

A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.

If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify Ombrex in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. Ombrex reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.

Ombrex reserves the right to change payment notification methods, including the cessation of mailed debit notices, where not required by law. As part of our commitment to the environment, and to save our Customers’ costs, Ombrex is committed to converting from mailed debit notices to electronic notifications, wherever possible. Unless otherwise specified in writing, Customers agree that Ombrex may debit their bank account or credit card (as applicable) by an amount equal to the monthly charges, applicable usage charges and any amounts in arrears, without any notice or further authorization from the Customer


EARLY TERMINATION FEES

If the Customer subscribes to a term service and cancels prior to the end of the term, the Customer may be charged Early Termination Fees (ETFs) The ETFs are not a penalty. They are an estimate of damages suffered by Ombrex as a result of the Customer’s early cancellation of Ombrex Services.

Any ETFs will be calculated based on the amount of the discount (whether to services, hardware or both) offered in exchange for a fixed term, prorated to the time remaining in the fixed term, and will not exceed the value of the original discount for services and/or hardware provided.

For customers in Quebec on fixed term contracts, the ETFs will not exceed the lesser of the following two amounts a) $50 or b) 10% of the price of the services specified in the contract that were not delivered


SERVICE SUSPENSION

In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, Ombrex may suspend service without prior notice.

Ombrex may impose a charge of up to $25 for disconnection of each Service and a separate charge of $25 for reconnection of each Service, and the Customer shall pay to Ombrex all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by Ombrex following a reconnection request.

Orders are subject to credit approval and in the event of unacceptable credit risk, Ombrex may interrupt some or all services or features without prior notice


LIMITATION OF LIABILITY AND INDEMNIFICATION

Ombrex will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. Ombrex aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month

IN NO EVENT WILL OMBREX, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH OMBREX’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT OMBREX WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

The Customer agrees to defend, indemnify, and hold harmless Ombrex, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or Ombrex in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Ombrex in connection therewith


PRICES AND SERVICE FEES

Long Distance rates which can change without written notice. Price for other services and/or discount rates may be subject to change upon written notice. In such cases, the Customer will be informed thirty (30) days before the effective date.

Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.

In the event of non-maintenance related interruptions, Ombrex may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.

Service orders may be subject to credit approval and in the event of unacceptable credit risk, Ombrex may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice. Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month Ombrex holds the deposit. When Ombrex Services are cancelled or the conditions justifying the deposit no longer apply, Ombrex will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to Ombrex, then refund you the balance of the deposit, if any

Yak Long Distance, Dial-Around, Travel Card and Mobile Long Distance rates
Rates and Charges: Current rates and charges for Yak Long Distance are available on our rates page and may change without notification
Monthly allotted North American long distance minutes do not include calls to Alaska, Hawaii or the Canadian Territories
Security Responsibilities: You agree that you are responsible for charges with respect to all calls originating from or accepted from your Yak Travel Card. You further agree that it is your responsibility to safeguard access to any authorization codes for Yak Travel Card and as such you agree that you are responsible for all charges incurred through your Yak Travel Card. In the event that your Yak Travel Card is lost, stolen or misplaced, you agree to contact Yak immediately to arrange for cancellation and replacement of the Yak Travel Card;
Additional per call charges will apply for calls using the Yak toll free (as opposed to local access dial) phone number
Yak Mobile Long Distance is currently available in Canada only without the applicable toll free access surcharge
Applicable cellular air time charges will continue to be invoiced by your cellular service provider
Yak Mobile Long Distance can only be used to the extent that the “call block” or “don’t show number/ID” feature on Your applicable handset can be and is deactivated
Yak Mobile Long Distance may not be able to be utilized from Alaska , Hawaii and countries of American Commonwealth status (e.g., Puerto Rico and the Virgin Islands)
Additional per minute surcharges may apply for all Yak Long Distance voice Services in respect of calls terminating on mobile phones or special country code terminations in certain countries


EQUIPMENT PROVIDED BY OMBREX

The Customer agrees to maintain and operate any equipment, software and services provided by Ombrex in compliance and in accordance with the applicable operating instructions provided by Ombrex. If Ombrex provides equipment to the Customer, a shipping fee of $10.00 will apply. For digital home phone equipment shipped alone, a shipping fee of $5.00 will apply. Such equipment will remain the property of Ombrex unless it has been purchased by the Customer either outright or on a rent-to-own basis. The Customer agrees to return any equipment owned by Ombrex upon request.

The equipment is to be returned to Ombrex within thirty (30) calendar days of such request or following the cancellation date. In the event that the equipment is not returned by the Customer, Ombrex reserves the right to charge for such equipment the current Customer purchase price. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, Ombrex reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment.

Customer Premise Equipment (CPE) that is supported by our vendors may change periodically. Should the equipment no longer be supported, the client will be responsible for the cost of purchasing new CPE. Refunds are not available for end-of-life CPE.

The obligations listed in this section above will survive the expiration or termination of the service agreement


EQUIPMENT PURCHASE FROM OMBREX

The sale of any equipment shall be final and the equipment may not be returned or exchanged without the consent of Ombrex. Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date, or the first date of the rent-to-own period, for parts and labour. Ombrex will replace any defective equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify Ombrex promptly so that Ombrex may arrange to make the necessary assessment


REMOTE SUPPORT AND MAINTENANCE

In order to provide The Service to its Customers, Ombrex may directly or through a third party connect remotely to Equipment such as but not limited to modems, Internet Telephone Adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.

In addition to the above, for the purposes of correcting or analyzing service problems, Ombrex may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.

Ombrex may, without any liability, interrupt the services for technical or maintenance purposes. Where possible, Ombrex shall provide advance notice via electronic communications or by posting a notification on the web site under “Network Status”


FORCE MAJEURE

Notwithstanding any other provisions, Ombrex shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control


TRANSFER OF ACCOUNT

This account shall not be assigned or transferred in any way whatsoever without the prior written consent of Ombrex which may be withheld at its discretion


CANCELLATION OF SERVICE

Cancellation of service requests must be communicated to Ombrex in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of residential High Speed Internet service, Television, residential Digital Home Phone or Long Distance services will be effective on the last day of the current billing period. The Customer must return any Ombrex owned equipment prior to Ombrex refunding any deposits or credits due to the customer.

Early cancellations of plans with a specific term may result in a recalculation of monthly rates in exclusion of any previously applied prepayment discounts prior to the refunding of any deposits or credits due to the customer


DELETION OF MESSAGES AND DATA

Upon termination of the Service, Ombrex is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer


ACCEPTABLE USE POLICY (“AUP”)

The Customer agrees to abide by the Ombrex Acceptable Use Policy which is available in the Legal section of www.ombrex.com


UNAUTHORIZED ACCESS

Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada


VIOLATION OF THIS AGREEMENT

Use of the Service in a manner which Ombrex, in its sole discretion, believes violates this Agreement, may result in Ombrex taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. Ombrex shall not have any liability for any such responsive actions.

The above described actions are not exclusive remedies of Ombrex and Ombrex may take any other legal or technical action it deems appropriate.

Ombrex reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, Ombrex may suspend The Service(s) involved


NO WAIVER

The failure of Ombrex to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time


SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect


PRIVACY POLICY

A copy of our privacy policy is available upon request, and can be viewed in the Legal section of www.ombrex.com.

TERMS & CONDITIONS FOR LOCAL PHONE LINE AND LONG DISTANCE SERVICES (Herein referred to as “The Service”)


THE SERVICE


Service Description

The Service may include local telephone line(s) and/or a variety of Long Distance plans, some of which may be offered at flat rates and some of which may have usage dependent pricing. The local phone line service requires a broadband Internet connection and a Customer supplied touch tone enabled telephone set to be connected to a Ombrex supplied (rental or purchase) Internet Telephone Adapter

Normal residential, non-commercial use of Service and Equipment

The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use. To further clarify, the Customer agrees that they may not use the Service for any commercial activities including but not limited to telemarketing, autodialling, extensive call forwarding, Paperless Fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage.

UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF OMBREX AND PAYMENT OF APPLICABLE FEES

Customer responsibility

The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) collect-calls, toll charges, 1010 type usage-dependent charges, fees from 411, 711, etc. and/or other fees according to the rate in effect at the time of usage. Collect calls and 1010 charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform Ombrex if the device has been stolen, tampered with or used by unauthorized persons or in any manner in violation of the AUP.

The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.

Ombrex may at its discretion limit the use of its services or may require the customer to obtain a higher grade of service if a disproportionately high number of calls are being made to Nunavut, Yukon or the Northwest Territories (area code 867)

Prohibited activities

Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use or permit the Service to be used for the following purposes:

Any use that prevents fair and proportionate use by others; in cases of excessive demand, Ombrex may limit the use of its services as necessary or may require the Customer to obtain a higher grade of service at a higher subscription cost
Using the Service for illegal activities or harassing or threatening behaviour
Altering Caller ID information in a manner that would be deceptive or likely to create confusion or mistaken identity
Misuse of calls to emergency services

Use of Service outside Canada

If the Customer accesses or uses the Service or the equipment in countries other than Canada they do so at their own sole risk. This includes the risk that such activity violates local laws, import-export control laws, or regulations in that country. The Customer remains liable for, agrees to hold Ombrex harmless against any liability arising from, any such usage

Monitoring of activity

Ombrex reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions

Ombrex may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer

Telephone Numbers

The telephone numbers that Ombrex provides in conjunction with the Service to The Customer may be listed in telephone directories; however, in certain cases The Customer may need to specifically request listings when ordering or porting numbers, or after installation. The Customer does not own or have any property rights in any telephone number provided by Ombrex in conjunction with the Service. Although changes in phone numbers and service arrangements are not anticipated, Ombrex cannot warrant against them. Ombrex is not liable for any costs, damages or other amounts resulting from changes to telephone numbers

Calling Card/Travel Card

The Customer is responsible for all charges incurred when making calls using Ombrex calling cards. In the event that a card is lost, stolen, or misplaced, the Customer must inform Ombrex to cancel the calling card. Until such notification is received, the Customer shall remain responsible for all charges

Residential vs Business

Any client found to be a residential client and communicating with more than 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more than 50 calls, it simply means that you cannot communicate with more than 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more than 250 completely different numbers is also prohibited. In addition, if a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to Ombrex due to such actions




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