Obligations and general terms of Subscription

Article 1. Definitions

You: An individual who purchases one or more Services for personal and residential purposes, at your Address only. If the Services are used for commercial, business or professional purposes, you will be transferred to our Business Department on thirty-day (30) notice.

Your Address: The address where the Equipment is located and where the Services are provided, as indicated in the Details of Your telecom services, available in your Client space.

Your Services Agreement: The terms and conditions set out in these Terms of service-Obligations and General Subscription Conditions, and in the Details of Your telecom services, available in your Client space.

Equipment: Equipment or software that the Provider provides, loans, leases or sells to you, such as terminals, modems, routers, cabling and other telecommunication equipment. Any equipment that the Provider does not provide, loan, lease or sell to you is expressly excluded from this definition and its use is exclusively at your own risk.

Your Client space: The Web platform offered by your Provider that allows you to access your account online, including the Details of Your telecom services, as well as communications from your Provider, with your login data. At all times, you are responsible for your Customer Area and the activities carried out by any person.

Fees: The installation fees and the termination indemnity payable upon termination of your Services Agreement and the compensatory indemnities payable for broken or lost equipment.

Your Provider: TFLM.

Your Login data: The identification elements assigned by your Provider that allow access to your Client space. You must maintain the confidentiality of the Connection IDs that allow you to access your Client space at all times.

Price of your Services: The price or the monthly payment payable for Services offered by your Provider, in accordance with your Services Agreement, and the sale price or rental amount payable for Equipment.

Your Services: Basic services, packages, on-demand services and pay-per-use services provided to you by your Provider as described in the Details of Your telecom services, including applicable promotions. The Equipment you buy or lease from the Provider are also part of your Services.

Carrier: Any third party owning a network through which your Services are provided to you, if applicable.

Article 2. Purpose

In consideration for payment of your Services and Fees, your Provider agrees to provide your Services to your Address, under the terms and conditions set forth in the Services Agreement, which may be modified from time to time by your Provider.

Article 3. Entry into force and duration of your Services Agreement

The Services Agreement shall come into effect upon activation of any new Service, or upon installation of the Equipment, as the case may be.

The Services Agreement is for an indefinite period and remains in effect, until terminated in accordance with its terms and conditions by you or your Provider.

Article 4. Warranty and Limitation of Liability

Your Provider provides a warranty on the Equipment provided, loaned or leased, and agrees to replace it with equivalent equipment in the event of a defect. As for the Equipment sold, the manufacturer’s warranty will apply, according to the specifications of each product.

Your Provider provides a satisfaction guarantee on the installation of Services and Equipment provided, loaned or leased from the moment they are activated. If you are not satisfied with this installation, we invite you to contact our Customer service department within fifteen (15) days following this installation at 1-833-274-TFLM (8356).

Your Provider does not guarantee the continued use or uninterrupted operation of the Services. Your Provider shall in no way be held liable for service interruptions, delays or malfunctions, loss or alteration of data by intrusion or otherwise, or for any damage that results, directly or indirectly. In particular, your Provider does not warrant that i) the Services will meet your requirements, ii) the performance, availability, use or continuous or uninterrupted operation of the Services or the hardware and software components of the Equipment; iii) the data or files transmitted or received by third parties will be transmitted or received without being corrupted or intercepted, nor will they be within a reasonable time; iv) the Services offered are compatible with the equipment or software belonging to you.

Without limiting the foregoing, if you notice any interruption of your Services, you must immediately notify your Provider by calling them at 1-833-274-TFLM (8356), so that they can restore proper operation as soon as possible. If the interruption you have reported exceeds forty-eight (48) consecutive hours, you can then contact your Provider within fifteen (15) days to claim a credit on the Price of your Service, which will be calculated in proportion to the duration of the interruption, as from the date of its report.

No credit will be given in case of force majeure or circumstances beyond the control of your Provider, which include particular cases of fraud or meteorological circumstances (including lightning, storm, exceptionally strong winds, torrential rains, ice storms or winter storms). In particular, your Provider shall not be liable for any missed installation appointments.

Article 5. Your indemnification obligations

You agree to indemnify and hold harmless the Provider and any Carrier against any and all claims, whether or not founded, by a third party against your Provider and its affiliates and/or any Carrier resulting from your use, or use by a third party of your Services, Equipment or Login data, or which may constitute misconduct on your part or resulting from your failure to comply with any of the obligations under the Services Agreement. You agree to indemnify your Provider and its affiliates, and/or any Carrier from any damages caused thereby. Without limiting the foregoing, your Provider and its affiliates and/or any Carrier shall have the right to participate in the defence of any such claim and be represented by counsel of their choice.

Article 6. Amendments and Termination of Your Services Agreement

At any time after the first three (3) months of your subscription, and upon payment of your Price of your Services, as they have then been provided, and Fees, if applicable, you may terminate the Services Agreement or request a change to your Services by contacting our Customer service department at 1-833-274-TFLM (8356).

In the event of termination of the Services Agreement, you must promptly return any provided, leased or loaned Equipment to your Provider, failing which you will be required to reimburse the Equipment and the costs incurred by your Provider to repossess it.

Your Provider may amend, add or remove from time to time any terms of the Services Agreement, including the Price and the nature of the Services. Your Provider will notify you of such amendment, addition or deletion by sending you a written notice at least thirty (30) days prior to the effective date of such amendment, addition or deletion. If the change, addition or deletion results in an increase in your obligations or a reduction in your Provider’s obligations, you may terminate the Services Agreement.

At any time, your Provider reserves the right to terminate the Services Agreement for any reason it deems sufficient.

Article 7. Payment of Your Services and Fees

You are responsible for the use of and expenses incurred by your Services and the Equipment installed at your Address, including any costs incurred in using any other equipment and you agree to pay your Provider the total amount of your Services and Fees plus applicable taxes.

The price of your Services will be invoiced monthly in advance, except for certain pay-per-use services, and the Fees, which will be invoiced upon arrival, at the price in effect at the time of their use. You will receive a monthly invoice, and the invoiced amounts will be payable by the due date indicated on your invoice.

If you do not pay the invoiced amounts on the due date, they will bear interest at the rate of 2% per month, compounded monthly (26.82% per year), and calculated from the billing date. Any partial payments will be charged first to the increased interest, and then to the unpaid principal, starting with the overdue amounts with the earliest date of payment.

If a payment is refused by your banking institution, your Provider may claim the fees incurred to recover the payment.

At any time, your Provider reserves the right to terminate the Services Agreement for any reason it deems sufficient.

Article 8. Your obligations and responsibilities

You agree to use the Equipment and your Services in compliance with the laws and regulations in force.

Your Provider retains ownership of the Equipment provided, rented or loaned. At all times, you must use this Equipment with care, caution and diligence. You are responsible for protecting and securing the Equipment by appropriate means.

You must notify your Provider immediately if the Equipment provided, rented or loaned is lost, stolen, broken or destroyed. In addition, the Equipment may not be used at any location other than your Address, unless otherwise specified in the Details of your telecommunications services.

Finally, the Equipment or its configuration may not be altered or modified, and the Equipment must be used at all times in accordance with the user manuals, instructions or requirements communicated by your Provider.

At any time, you remain responsible for the use of the Services and you may not use or allow them to be used for any purpose or in any manner contrary to the law or in an abusive manner that could jeopardize the Services, harm your Provider or its network, harm others, or make disproportionate or unreasonable use of the Service. Without limiting the foregoing, you may not resell the Services or offer them to third parties, with or without compensation.

You agree to give reasonable access to, and during normal business hours, to a duly authorized representative of your Provider, at the Address, and on-site equipment, so that they may install, repair, maintain the Equipment, your equipment or third party equipment, so that they may work on the network of your Provider or of a third party, during a breakdown or an issue affecting the network, to ensure compliance with obligations under the Services Agreement.

You agree that any breach hereof may result 911 Emergency services being unavailable.

Article 9. Other provisions

The Services Agreement shall be governed by and interpreted in accordance with the laws and regulations in force in the Province of Québec.

You may not assign or transfer the Services Agreement and/or the Equipment without first obtaining the authorization of your Provider. Such assignment or transfer will be null, and void and you will remain liable for the performance of the obligations under the Services Agreement. Your Provider reserves the right to assign any or all of its rights and obligations under the Services Agreement without your prior consent.

The invalidity or lack of enforceability of any provision of the Services Agreement shall not affect the validity or binding force of any other term.

Failure to insist on the full performance of any of the covenants or to exercise any of the rights contained in the Services Agreement shall not be deemed a waiver of any such right or performance of such commitment.

During the term of this Services Agreement, any decision, notice or order from the CRTC or any other appropriate regulatory body will apply to the extent provided, notwithstanding the provisions of this Services Agreement, including any decision, notice or order which would result in changes to the Fees, Price or the nature of the Services.

 

Télé-Fibre La Minerve or TFLM is also known as L’Association pour la Télédistribution & Radio La Minerve Inc. (APTR).

©2021 TFLM  All rights reserved                                                                                                                                                                                          Last revision: January 2021