Residential Communications Services Agreement
Service Charges Monthly service charges (the “Monthly Service Charges”) and one-time or monthly recurring equipment rental charges (the “One-Time Charges,” and together with the Monthly Service Charges, the “Service Charges”) are payable by the Customer as outlined in the Service Order and are due within thirty (30) days of the issue date of the invoice in respect of the Services provided. The Customer must notify Coextro within ninety (90) days of an invoice being issued with respect to any disputes regarding the Service Charges, as failure to do so will constitute the Customer’s acceptance of such Service Charges. The Customer may be subject to a credit check, and Coextro may require the Customer to provide a security deposit and/or a copy of the Customer’s credit card, driver’s license, or other form of personal identification to secure performance of this Agreement at any time if it is necessary to do so, in Coextro’s discretion.
Privacy Policy and Consent All personal information collected by Coextro shall be used strictly in order to perform Coextro’s obligations under this Agreement, and use or disclosure of such information shall be in compliance with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5. The Customer’s personal information and account information may, from time to time, be used or disclosed to employees and agents of Coextro to respond to Customer inquiries and to promote other Coextro services.
Equipment Equipment furnished by Coextro to the Customer (the “Equipment”) to access the Services remains the property of Coextro at all times. By activating the Service, the Customer acknowledges that the Equipment is in good working order at the time the Customer takes possession. Risk of loss of and damage to the Equipment remains Customer’s responsibility until it is returned to Coextro (if required) in good condition, in Coextro’s sole but reasonable opinion, reasonable wear and tear excepted. As Coextro is not the manufacturer of the Equipment, Coextro provides no representations or warranties regarding the fitness of the Equipment for its intended purpose, and the Customer releases and holds harmless Coextro from any losses, damages, or personal injury. The Customer agrees Coextro will not be liable for any direct or indirect losses or damages as a result of delays in repairing, restoring, or replacing defective Equipment. Following termination of this Agreement, if Coextro requires the return of any Equipment, it will either deliver to the Customer a waybill with return packaging so the Equipment can be sent back to Coextro or request access to the Customer’s premises to retrieve the Equipment. The Equipment must be returned, or access must be provided to Coextro, within ten (10) days of request by Coextro to permit return or removal and repossession of the Equipment by Coextro. Failure to return the Equipment or provide access within ten (10) days of such request shall result in a replacement Equipment charge to the Customer, as outlined below:
$350 plus HST for each unreturned or damaged Coextro Set Top Box unit $20 plus HST for each unreturned or damaged Coextro Set Top Box remote $300 plus HST for each unreturned or damaged Zhone router $200 plus HST for each unreturned or damaged WiFi Access Point
The Customer shall be responsible for the costs associated with restoring, repairing, replacing, and cleaning equipment, reasonable wear and tear excepted, and may be invoiced after the termination of this Agreement for such costs. The Customer agrees not to tamper with or modify the Equipment without Coextro’s express authorization.
Term The term of this Agreement (the “Initial Term”) commences on the date that the Service(s) are made available for use by the Customer and will continue for the period specified in the Service Order or until terminated in accordance with the terms herein. If Services are activated in the middle of a month, Service Charges (with the exception of one-time equipment rental charges) will be prorated for that month from the date the Services are activated.
Customer Obligations The Customer is responsible for the use of the Service by any and all persons, whether such use is authorized by the Customer or not, and acknowledges that the acts or omissions of all persons that use the Service will be treated as the Customer’s acts or omissions. The Customer agrees to provide Coextro reasonable access to the Customer premises (the “Premises”) to perform necessary maintenance or repairs. Coextro will provide Customer with as much notice as is commercially reasonable in the circumstances where access is required to the Premises. Except where emergency repairs are required to maintain service availability, Coextro will provide Customer a minimum of five (5) days advance notice when access to the Premises is required. The Customer will not use or permit the Service to be used for a purpose or in a manner contrary to law, including for intellectual property infringement. The Customer shall not resell or license the Services to any third party without receiving Coextro’s prior written consent.
Default In the event that the Customer fails to pay the Service Charges when due, the Customer will pay interest on such overdue accounts at the rate of 1% per month calculated and compounded monthly on the overdue amounts (12.6825% per year), not in advance, from the due date until paid in full. In addition to the foregoing, if the Customer fails to make any payments when due or is in material breach of this Agreement (other than material breaches described in this Agreement that do not require Coextro to give notice to suspend or terminate service), Coextro may give notice to the Customer demanding full payment and/or cure of such material breach, and if the Customer fails to make full payment or cure such default within 10 days of receipt of notice, Coextro will have the right to suspend the Service until such default is remedied and/or terminate this Agreement effective immediately upon notice to the Customer. Despite suspension of Services by Coextro for default by the Customer, the Customer shall remain liable for Service Charges during periods of suspension. If Coextro terminates this Agreement for material default, the Customer shall remain liable for 75% of Service Charges for the remainder of the Initial Term, and for any interest calculated as aforesaid until Coextro is paid in full. The Customer shall also be liable for collection costs, bailiff fees, and legal costs incurred by Coextro if the Customer fails to pay Service Charges and/or fails to return the equipment to Coextro (if required) following termination.
Notices All notices shall be sent via electronic communication to the email address set forth in the Service Order for each party and will be considered delivered immediately upon sending such notice.
Termination The Service may be cancelled at any time by either party upon sending notice to the other party. Any Service terminated by the Customer after an invoice has been issued will have Service Charges prorated for that month to the date the Services are deactivated. If the Customer does not notify Coextro that the Customer would like to cancel the Service at the end of the Initial Term, the Service will continue on a “month to month” basis bound by the terms and conditions of this Agreement. If the Customer requests the relocation of a Service to another municipal address within Coextro’s service area, the Customer will be responsible for any