NCS Managed Services

Nova Scotia High Speed Internet

Legal

Summary of Contract/Commitment Terms

Internet

Package Details 15Mbps or 25Mbps:
Download Speed: up to 15 – 25 Mbps
Upload Speed: up to 1.5 – 25 Mbps
Usage: Unlimited

Terms of Use

NCS Managed Services Inc. (“NCS”, “we” or “us”) is pleased to provide the Services (as defined below) to you, the customer named in the Invoice (“you” or “customer”), on the terms in this agreement (the “Agreement”), which consists of:

An invoice setting out information about what you are signing up for (“Invoice”), the terms of use for the services setting out your and our obligations (“Terms of Use”), and the Internet use policy setting out the policies, rules, and limits regarding your use of the Services (“Internet Use Policy”) (the most current version of which may be found at www.novascotiahighspeedinternet.com

Please take a few minutes to read the entire Agreement, including these Terms of Use, before accepting the Agreement or using the Services. All of the parts are important and together create a legal contract about the Services and the Equipment that applies to you once you have accepted it. These Terms of Use are written in a question-and-answer format to make it easier to understand your rights and obligations under this Agreement. You will need to accept the terms to continue using the Services. If you have any questions, contact information is listed on the Invoice, in these Terms of Use and on our website at www.novascotiahighspeedinternet.com.

BY electronically or verbally acknowledging the promotional offer on contract you are agreeing TO ACCEPT THE TERMS AND CONDITIONS OR BY USING THE SERVICES OR THE NCS EQUIPMENT, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICES OR THE NCS EQUIPMENT.

The Services are also subject to the following policies, each as may be changed from time to time (the “Policies”):

Legal terms and conditions as found on our website:

www.novascotiahighspeedinternet.com

For your reference, here are a few definitions of words that are commonly used in the Terms of Use:

Commitment Period means the number of months remaining in your committed contractual term, which can be accessed by emailing sales@ncsnetwork.net and inquiring.

Fees means all fees or other amounts payable under this Agreement, including the minimum monthly charges for Services, usage-based fees, equipment rental fees, and one-time fees and charges such as installation fees set out in the Invoice, as well as the additional fees described in question 28, interest charges payable for overdue accounts, and all applicable taxes.

Plan means a particular combination or package of Service(s) offered by NCS from time to time, including the service characteristics (such as speed and data allowance), the price, and any applicable promotions.

Services means the services that NCS offers such as Internet Access service, Wi-Fi Router service, and other services which are described in more detail below in question 1, and includes any related installation services, de-installation services, maintenance services, repair services, and technical and billing assistance services performed by NCS.

NCS Equipment means the equipment NCS provides, that is used for providing the Services, as described in more detail in question 16.

NCS Services Terms of Use Agreement (the “Agreement”)

  1. What does this Agreement cover?

This Agreement is for the telecommunications and related services described in the Invoice that you have ordered from NCS, which may include each of the following services and any other associated services that NCS may offer from time to time:

Internet Access: Internet access service that provides you with a connection to the Internet from a fixed wireless access device

Wi-Fi Router: Managed Wi-Fi access point that provides you wireless coverage and 2 LAN ports

This Agreement also applies to any devices, equipment or software provided by NCS in association with the Services, including the NCS Equipment (as defined below in question 16). How can I obtain a copy of this Agreement?

You can always access a copy of the Agreement after you accept it by emailing sales@ncsnetwork.net and requesting a copy. Please keep it for your records.

Is this Agreement available in an alternative format?

Contacting us using one of the following options:

Email our support team using sales@ncsnetwork.net
Reach us 1-877-473-3660 ext. 103

  1. When does my Agreement take effect?

Your Agreement begins on acceptance of this Agreement electronically or verbally through the promo offering email and will continue for your Commitment Period as stated on your invoice. Upon expiry of the Commitment Period, NCS will continue to provide the Services to you on the same Plan (or on a similar Plan if we no longer offer the same Plan) and the Commitment Period of this Agreement will be automatically renewed to month to month at the regular non promo rate. NCS will notify you at least 30 days prior to the expiry of the Commitment Period of your Agreement, unless you are on a month-to-month Commitment Period.

Changes to your Services that you request (as described in question 5) or discounts or promotional offers (as described in question 34) may require your agreement to a new or different Commitment Period. In such a case, the new Commitment Period will begin when the change, discount, or promotional offer takes effect and will last for the revised period to which you agree.

  1. Can NCS make changes to this Agreement?

Yes. We may change, add or remove portions of the Agreement that are not key terms, at any time by giving you at least 30 days prior written notice of the change. Similarly, we can modify, add or remove the features of your Services, by giving you at least 30 days written notice. We will notify you of any such changes by email, or other means. The notice will clearly identify the change and provide the effective date. Continued use of the Service following notice of the changes confirms that you expressly agree to and accept the Agreement as amended. If you do not agree to the changes, you should stop using the Services and notify us that you are cancelling the Agreement (as set out below in question 37) within 30 days after receiving the notice.

We may change, add or remove portions of the Agreement that are key terms during the Commitment Period only with your informed and express consent or if the change is clearly for your benefit, by reducing the rate for a service or increasing the usage allowance applicable to a Service. If your Commitment Period is month to month, we may change, add or remove portions of the Agreement that are key terms if we provide you with 30 days’ notice.

Key terms of your Plan are the applicable minimum monthly charges and any discounts or promotions and the period during which they apply, the described speed, the data usage allowance, the Commitment Period, any applicable installation fees, the rental charges for the NCS Equipment, and the early cancellation fee.

The facilities used to provide the Services may change from time to time. If there is a change in Internet facilities, NCS may need to realign or relocate your receiving antenna in order to continue providing the Services.

Certain Services are regulated by the Canadian Radio-television and Telecommunications Commission (the “CRTC”). This Agreement may be changed as necessary to comply with any new or modified regulations, directions, or orders of the CRTC.

Note that individual NCS personnel, such as sales, technicians, or Customer Care representatives are not authorized to change, modify, or amend this Agreement unless specifically approved in writing by NCS, and you may not rely on any such unapproved change, modification or amendment.

  1. Can I change my Services?

You may change the Plan for your Services at any time by contacting NCS @ 1-877-473-3660 ext 103 or through the use of our email sales@ncsnetwork.net. You may only be able to change to a Plan that is currently available and any Plan you remove may no longer be available for the price that you currently pay. You will be informed of the key terms (as described above in question [5]) that would apply to the new Plan, including the new price and any new Commitment Period that may apply. Changes to your Plan, including changes to individual features, may not take effect until the start of your next billing period. Where the change is to obtain additional capacity, or to upgrade to a higher tier Plan, we may (in our discretion) apply the change immediately.

While you can change your Plan or Services, you may not make any changes to these Terms of Use.

Privacy

  1. How does NCS protect my personal information?

We care about your privacy and are serious about protecting your personal information.

You have a role in protecting your privacy and personal information. You are responsible for protecting your Account and password, ensuring and maintaining the security and privacy of your property, and protecting yourself against any breaches of privacy, confidentiality, or security, or any other risks relating to the use or receipt of the Services or the NCS Equipment.

Use of Services

  1. Are there any rules on my use of the Services?

Yes. The Services must be used respectfully, responsibly and in accordance with the Internet Use Policy, [available at www.novascotiahighspeedinternet.com. Any abuse or misuse of the Services, Equipment or our networks is a serious matter and can result in our termination of your Agreement with NCS and may lead to criminal or civil liability.

  1. Are there any limits on the Services?

All packages are unlimited usage.

All of the Services, including any Services described as “unlimited”, are subject at all times to our Internet Traffic Management Policies, described in question 11.

  1. Does NCS offer unlimited Services?

All Services offered by NCS have certain unlimited attributes. The term “unlimited” refers to a specific attribute of those Services that is        not restricted; other attributes of the Service may still be subject to limitations. For example, an access service with unlimited data may have a speed restriction. Please review the Invoice to determine any restrictions that may apply to your Services.

  1. Are Service speeds guaranteed?

NCS provides the Services on a “reasonable efforts” basis and does not guarantee upload or download speeds or other performance. NCS does not guarantee a specific speed to customers when navigating particular sites. There are numerous factors that affect Internet speed and performance, including but not limited to your location, weather, Internet traffic, your router capability, the specific technical configuration, capabilities and status of Customer Equipment, software (including firewalls, procedures for optimization, antivirus analysis, backup, Virtual Private Networks, etc.), and other factors beyond NCS’s control.

NCS Services are not designed or intended to support online gaming such as first-person shooters, war games or online role-playing games, time sensitive ecommerce, online auctions, or other interactive or low latency applications.

NCS has established Internet Traffic Management Policies, that are intended to provide fair and consistent access to Internet Access Services for all NCS customers. In some circumstances, these Internet Traffic Management Policies provide for reduced transfer speeds for non-time-sensitive traffic during peak hours. Our intent with these practices is to affect the fewest customers while helping maintain the best speeds for the majority of customers. To ensure this equity of usage is maintained among NCS customers, customers may experience some temporary throughput limitations. The Internet Traffic Management Policies apply to all Internet Access Services, but the specific practices vary depending on the type of technology used to provide the Service. Please consult the policies for full details.

  1. Are the Services suitable for safety-critical applications?

No, the Services are intended for residential, home office or small business use. The Services are not fault-tolerant and are not designed or intended for use in or in conjunction with safety-critical systems including on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. NCS specifically disclaims any express or implied representations, warranties, conditions, or guarantees for such uses.

  1. Am I responsible for content that I transmit using the Services?

Yes. When using the Services, you must respect the rights of others. You are responsible for ensuring that you have the rights to any content that you copy, post, upload, download, access, store, transmit or communicate to others using the Services including data, documents, videos, music, photos, etc. (“Your Content”). You may not use the Service for a purpose or in a manner that is contrary to our polices, including our Internet Use Policy, or any laws or rights including, without limitation, in violation of any copyright, patent, trade-mark, trade secret, confidentiality or other intellectual property or moral, publicity, personality, proprietary, contractual or privacy right of any person or any defamation, unfair competition, criminal or obscenity laws applicable to any content or information transmitted using the Services (including, without limitation, the Criminal Code of Canada).

Neither NCS nor any of its affiliates attempt to censor the use of the Service and except as provided in this Agreement (including in the Internet Use Policy) or as required by law, have no control over such use. As the user of the Service, you assume total responsibility and risk for access to or use of Your Content and for your use of the Service and the use of those who you allow to use the Service.

Please be aware that software or content which you install or access may from time to time automatically, and without notice to you access the Internet.

Credit Requirements

  1. Are there security deposit or credit requirements to use the Services?

If you are signing up for Services or changing Services, NCS may complete a credit check on you. By accepting this Agreement, you consent to our collection of your credit and payment information for NCS credit grantors and reporting agencies over time. 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. You consent to our use and disclosure of this information to the parties who will assist with assessing your creditworthiness, and our disclosure of this information to collection agencies to assist with the collection of monies owed, all from time to time.

NCS may, at any time, by notice to you, require that you provide us with a security deposit on such terms as are determined in our sole discretion. Except as required by applicable law, we will not pay interest to you on any security deposit we hold. Upon termination of the Services, we will apply the security deposit against the outstanding balance on your account and, if any amount remains, refund that amount to you.

Equipment

  1. What do I need to have to connect to the Services?

Minimum and recommended system requirements for computer systems to use the Services are described on our website at www.novascotiahighspeedinternet.com. In addition, you will also need a router.

We may change the minimum requirements for your equipment to use the Services (“Customer Equipment”), in which case you may need to update or replace Customer Equipment.

If Customer Equipment does not meet the recommended minimum computer requirements or has not been updated to do so, Customer Equipment may not be adequate to access or use the Services and your only remedy is to cancel the affected Services. We will not be able to offer you customer support for any issues other than the quality of the signal delivered to the NCS Equipment does not represent, warrant or guarantee that the Services will be compatible with all system configurations.

  1. What equipment does NCS provide?

NCS provides equipment, such as an antenna, access point, receiver, or other customer premise equipment required to receive the Services. You will find more information about the installation process on our website at

www.novascotiahighspeedinternet.com. You may also choose to buy additional, optional equipment from us, such as the NCS Wi-Fi Router. Routers also known as wireless access points are customer owned and not the responsibility of NCS.

NCS is the owner of and retains title to the NCS Equipment. Other trade-marks and proprietary marks on the NCS Equipment are and will remain the property of the manufacturer. You will not do anything to infringe upon, harm or contest the validity of the trade-marks or other marks on the NCS Equipment. You will provide us with your landlord’s consent to the attachment of the NCS Equipment, if necessary. We may replace, upgrade or modify The NCS Equipment required for the use of Services, or migrate your Services to other technologies or platforms.

  1. Who is responsible for the Equipment I need to use the Services?

You are responsible for Customer Equipment, for example, your computer router, and any NCS Equipment you use with the Services (together, “Equipment”) and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any NCS Equipment and maintain it in good working condition following the manufacturer’s recommendations.

  1. How can I use the NCS Equipment?

You may only use the NCS Equipment as required to receive the Services in accordance with this Agreement.

  1. Can I move or modify the NCS Equipment?

No. You must not move, alter or disturb any NCS Equipment used for Internet Access Services that has been installed at the location shown on the Invoice or associated wiring or power supply because it might impact provision of the Services. Additional Fees may apply if any repair or restoration is required as a result of changes to any disturbance of NCS Equipment.

The NCS Equipment for all Services cannot be moved to a different address without our advance written permission. If you want to change the location where you receive the Services, please contact us at 1-877-473-3660

If we are unable to provide the Services to you at the new location, you will remain responsible for all Fees payable under this Agreement for the full Term, unless you cancel the Services as described in question 37.

  1. When and how do I return the NCS Equipment?

NCS Equipment must be returned in good condition (reasonable normal wear and tear excepted) within 30 days from the cancellation or other termination of the applicable Services. We will provide you with instructions regarding removal and shipping as appropriate when you cancel, but please contact us if you have any questions.

  1. Can NCS help me to de-install and remove the NCS Equipment?

If you need assistance with the de-installation and return of the NCS Equipment, please call us at 1-877-473-3660. We will arrange for an NCS technician to come to your premises to remove all or any portion of the NCS Equipment.

  1. What happens if I fail to return the NCS Equipment?

To the extent permitted by applicable law, if you fail to return any of the NCS Equipment in good condition (reasonable normal wear and tear being excepted) within 30 days of the cancellation date, we may send an NCS technician to retrieve the NCS Equipment and you consent to permit such personnel to enter into your premises as necessary to do so. Otherwise, we may charge you the Replacement Cost of such NCS Equipment, as described in question 28.

NCS Software

Installation, Support and Service Calls

  1. How does Installation work?

The outdoor NCS Equipment for the Internet Access Services is highly sophisticated and the installation and pointing specifications for the antenna are very stringent. A professional certified NCS technician must install the NCS Equipment for Internet Access Service. Customers are responsible for all costs and scheduling associated with the installation. You will find more information about the installation process, including the basic and enhanced installation service terms which apply to the installation services, on our website at www.novascotiahighspeedinternet.com. If you require enhanced installation services that go beyond the basic installation services, as described on our website, you will be responsible for the additional fees and costs. NCS is not required to perform any other installation or related service unless agreed to in writing between the parties. You give NCS or its NCS technicians permission to access and enter your premises to install, maintain, repair, inspect, update, remove, and otherwise to deal with the Equipment as necessary for us to provide the Services and exercise our rights under the Agreement.

NCS will not perform installation services where it considers it unsafe to do so.

For indoor equipment (for example: Wi-Fi Router Service), NCS will setup and configure it for you. You are responsible for and assume all risks and liability associated with modifying the configuration and use, contact us if you would like to modify the configuration.

  1. What happens if the NCS Equipment or the Services do not work properly?

If your Services are disrupted because the NCS Equipment is not working, other than as a result of a power disruption, please call us at 1-877-473-3660 (103) and leave a detailed message. NCS will make reasonable efforts to repair or replace defective NCS Equipment and will do so at no cost to you in the first year. After the first year, there is still no charge for the NCS Equipment itself, but we may charge you for the labour associated with fixing or repairing Equipment, in which case we will advise you of any applicable fees and obtain your consent before scheduling a service visit. Despite the foregoing, if NCS determines that you damaged the NCS Equipment, we may charge you the Equipment Replacement Cost. Service visits will be scheduled to take place within a specific period of time. You must ensure that a person over the age of 18 is present during this period. If you need to cancel or reschedule a service visit, please contact us at 1-877-473-3660 (103).

Repair or replacement of defective NCS Equipment is NCS’s sole responsibility for any Service outage. In certain circumstances, NCS may, but is not obligated to, offer a non-refundable service credit to be applied against your current account balance. Any such service credit is offered at NCS’s sole discretion, and without any admission of liability.

  1. What other technical support does NCS provide?

If you require technical support for your Services please contact NCS for technical support for your Services at 1-877-473-3660 ext 103, leave a voicemail and your call will be returned by the end of the next business day. You agree that NCS may with your permission access your device, take control remotely or in person to provide you with technical support. You will also find self-help and troubleshooting information on our website at http://novascotiahighspeedinternet.com.  Our technical assistance applies to NCS Services and NCS Equipment only.

Billing & Payment

  1. What fees apply?

After the start date of your Services, you agree to pay us the applicable monthly fees for the Service, applicable installation charges, rental charges for the Equipment, and other fees, as indicated on your Invoice, plus all applicable taxes.

Additional fees may apply in particular circumstances. These fees, and the circumstances in which they apply, are set out in the table below. You agree to pay any such additional fees if they apply, plus all applicable taxes.

Account Fees Amount

Late Payment Charge:    2% per month or $10 whichever is greater.

Non-Sufficient Funds (NSF)/Returned Payment/Pre-Authorized Payment Denial: $25

Temporary Suspension (minimum 4 weeks, maximum of 6 months) up to $20/Month- Seasonal disconnections are not offered on promotional pricing contracts.

Service Fees Amount

Installation Fee: $100 and above

Contract Cancellation Penalty- remaining months on term must be paid out in full.

All Fees are specified in Canadian dollars.

  1. How will I be billed for Services?

You will be billed monthly in advance for your monthly recurring charges and in arrears for all other Fees. All charges and Fees will appear on your monthly invoice (also called a “bill”).

We will make your bill available to you via e-mail to the billing e-mail address associated with your account. It is your responsibility to check the applicable e-mail account on a regular basis for such invoices.

  1. How can I pay my bill?

You are required to pay your bill for Services in full in Canadian dollars. All invoices/bills are due when received. You can pay your bill for Services to NCS in any of the following ways:

Cheque, Visa, MasterCard, Email transfers to accounting@ncsnetwork.net

Please make sure to pay all amounts owing to NCS by the due date on your bill. Please allow adequate time for your payment to reach us and to be processed.

  1. What if I do not pay my bill on time?

You must pay all amounts set out in such invoices by no later than the payment due date set out in your invoice. If NCS does not receive payment in full for all amounts owing on your bill by the due date, the unpaid amount will be subject to a late payment charge of 2% per month or $10, whichever is greater.

Delinquent accounts and associated Services may be suspended or cancelled, if:

any amount is more than 2 months overdue;
you fail to comply with any deferred payment plan we have agreed to in writing with you.

However, all Fees will continue to accrue until the account is paid or cancelled. You will be given written notice of any applicable reconnection charges at the time the Services are suspended.

  1. What if I have a concern about a Fee?

If you have questions regarding your account or your bill, you should contact us at 1-877-473-3660. You have 30 days from the bill date to dispute any Fee on your bill. All invoiced amounts are considered valid unless disputed within 30 days of the bill date.

Adjustments will not be made for amounts that are more than 60 days old. After that time, you agree that all Fees on your bill are final and you can no longer dispute them.

  1. How do I correct a payment error?

Please contact your financial institution to correct any payment made in error by you.

  1. How do discounts or promotions work?

NCS may offer limited time discounts, incentives, and promotional offers from time to time to customers who subscribe to our Services. These may include free or discounted installation fees, reduced monthly service charges, or other promotional incentives. Promotional discounts set out in your Invoice will apply for the period indicated.

NCS will apply any discounts, incentives, or promotions to your account during the time these discounts, incentives or promotions remain in effect and you meet the applicable eligibility requirements (including, maintaining your Services without interruption). Discounts, incentives, and promotions will not be applied retroactively and may take more than one billing cycle to be applied.

  1. What if my billing information changes?

You must provide us with accurate and complete billing information including your legal name, address, telephone number, and credit card/billing information and report all changes to this information within 30 days of the change to accounting@ncsnetwork.net or 1-877-473-3660.

Trial Period and Ending your Agreement

  1. Is there a Trial Period for Internet Access Services?

Yes. NCS provides you with a 30 Day grace after install to cancel contract for its Internet Access Service. To cancel your Internet Access Service, contact NCS’s Customer Care Centre at 1-877-473-3660.

Provided you return all your NCS Equipment to NCS in good condition, no early cancellation fee will apply. Any costs charged for an installation or third-party equipment will not be eligible for a refund.

  1. How do I cancel my Services?

Although we would be sorry to see you leave, you may cancel this Agreement at any time by calling 1-877-473-3660 or emailing us at accounting@ncsnetwork.net however, you are responsible for paying out the remaining months services on the contract. 30 Days notice must be given for all cancellations outside the 30 day grace period following installation.

Except during the Trial Period (see question 36 for more information about the Trial Period), all outstanding amounts owing, including any overdue amounts, as well as any applicable early cancellation fee (see question 43 for more information about early cancellation fees), will be payable in full upon cancellation.

You may have other rights to cancel your Services that are provided by law. This Agreement does not limit those rights.

NCS Equipment must be returned in good condition (reasonable and normal wear and tear excepted) within 30 days from the cancellation of your Services. See questions 20 to 22 for more information on the return of NCS Equipment.

  1. Can I temporarily suspend my Services?

Yes. Please call 1-877-473-3660 to request a seasonal or other temporary suspension that is more than 4 weeks and less than 6 months. The time will not count against your Commitment Period for those Services. The end date of your Commitment Period will be extended by the same time period. A monthly Fee (as set out in question 28) will be payable during each month that your Internet Access Service is temporarily suspended.

  1. Can NCS suspend or disconnect my Services with notice?

To the extent permitted by applicable law, NCS can cancel any Service or this Agreement upon a minimum of 30 prior written notice to you, including where NCS ceases to offer a Service to which you subscribe.

Additionally, NCS may suspend or disconnect any Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $10, or has been past due for more than two invoices; (b) you fail to maintain any security deposit we require;

  1. Can NCS suspend or disconnect my Services without notice?

NCS can without notice and for cause, suspend, cancel or refuse to provide the Services, or any part of the Services, to you. Cause includes where: (a) NCS reasonably believes that such action is required to protect the network from harm; (b) NCS has a reasonable suspicion that fraud has occurred or is likely to occur; or (c) overdue account. NCS may also suspend or disconnect Services without notice where it is required by law to do so.

  1. Can NCS cease to provide an existing Service?

NCS may discontinue a Service in the event that the underlying telecommunications facilities used to provide the Service including, where applicable, any satellite or terrestrial technology, reaches the end of its useful life, fails in whole or in part, or otherwise becomes unavailable or unusable, or NCS otherwise becomes unable to continue to provide the Service for any reason outside of NCS’s control. NCS will make reasonable efforts to: (i) provide at least 60 days’ advance notice to affected customers (or, where NCS is unable to provide 60 days’ notice, as much notice as it can reasonably provide in the circumstances) and; (ii) assist the affected customers in migrating to an alternative Service for the balance of their applicable Commitment Period. However, in the event that you choose not to accept a replacement Service or no replacement Service is available at your service location (for example, because of a change in the geographic coverage area), your sole remedy and NCS’s sole responsibility will be to terminate this Agreement without any applicable early cancellation fee.

  1. Will I be charged a cancellation fee if NCS disconnects my Service?

If NCS cancels your Services for any reason, all outstanding amounts owing, including any overdue amounts will be payable in full. This will include, as applicable, any unpaid amounts from previous bills or fees and may include the Replacement Cost of any NCS Equipment that is not returned in good condition, as described above in question 28. However, no other cancellation fee will apply, unless NCS terminates your service for non-payment.

  1. Will I be charged a cancellation fee if I cancel my Service?

Except where the 30-Day grace period after installation  applies, if you wish to terminate your Services prior to the expiration of the Commitment Period set out on your Invoice, in addition to all other unpaid amounts owing to us at the time of the cancellation (including, as applicable, any unpaid amounts from previous bills or fees and remaining months of services on the commitment or contract term.

  1. What if I have a credit balance on my final bill?

If an account has a positive balance of greater than $5 at the time of the final bill, NCS will refund the amount of the balance to you within 90 days of the date of that bill.

  1. Does any part of this Agreement continue after cancellation or termination of my Services?

Rights and obligations which by their nature continue beyond termination will continue to survive and remain in effect after the Services and this Agreement have been cancelled, including, but not limited to, Sections 20 to 22 (Equipment Returns), Sections 28 to 35 (Billing & Payment), Sections 46 to 49 (Disclaimer & Limitation of Liability) and this Section 45.

Disclaimer & Limitation of Liability

  1. How does NCS limit its liability?

To the extent permitted by applicable law, and subject to the exclusions of liability described below in question 47, NCS’s aggregate liability for any and all claims including liability for breach of contract, tort, negligence or other causes of action, arising from or relating to this Agreement (including the Policies), the NCS Equipment, or the Services, including fundamental breach, is limited to actual damages to a maximum amount of the greater of $250 or the Fees paid by you to NCS for your most recent bill. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by NCS’s gross negligence.

  1. Are there any circumstances when NCS has no liability at all?

The Services and NCS Equipment are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, NCS makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, or those arising under statute or by custom, usage or trade, with respect to any Services including that (i) communications will be private or secure, (ii) the Services will be uninterrupted, error-free, or free of viruses or other harmful components, (iii) any data or files transmitted by or to you will be transmitted in uncorrupted form or within a reasonable period of time, and all such terms including any of which are collateral, are hereby disclaimed.

NCS is not liable for any indirect, special, consequential, incidental, economic, exemplary or punitive damages, loss of business, loss of profit, loss of revenue, loss of data, costs of cover, or loss of goodwill, whatsoever or however caused.

NCS is not responsible for and disclaims liability for any claims, damages, losses or expenses arising out of, directly or indirectly, or otherwise relating to: (A) the NCS Equipment or the use, operation, non-operation, ownership or maintenance of the NCS Equipment; (B) the unavailability of any Services (including any Service outage or disruption), even where such unavailability occurs after activation of the Services; (C) your reliance on or use of the NCS Equipment or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the NCS Equipment or Services; (D) the unlawful use of the NCS Equipment or Services by you or a third party; (E) distribution of any content by you or any third party; (F) third parties accessing your devices, security breaches, cyber-attacks, malware, or ransomware, eavesdropping, denial of service attacks, interception of traffic sent or received using the Services; or (G) NCS’s failure to meet its obligations due to causes beyond its reasonable control, including (i) war, terrorism, civil insurrection, riots, or imposition of martial law, (ii) pandemics, quarantines or other public health events, (iii) work stoppages, labour disputes or strikes (including those involving us, our affiliates and other telecommunications carriers); (iv) law, order, regulation or direction of any government; (v) failure of the public power grid; (vi) the act or omission of a telecommunications carrier whose network is used in establishing connection to provide the Services; (vii) acts of nature, severe weather conditions, storms, fire, flood, rainstorms, or anomalies in space; (viii) loss of, damage to, or disruption (including changes to capacity or geographical coverage) of any telecommunications facilities, including the facilities of a telecommunications carrier whose network is used in establishing connection to provide the Services; or (ix) other force majeure events.

  1. Can this Agreement be transferred or assigned?

This Agreement is personal to you and you cannot sell, transfer, assign or sublease this Agreement. We may sell, assign or transfer this Agreement. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now.

  1. What happens if the Agreement or parts of the Agreement become unenforceable or do not apply?

If any part of this Agreement becomes prohibited or unenforceable, the remaining parts will continue to apply to you and NCS. If we do not enforce any part of this Agreement for any period of time, that part still remains valid and NCS can enforce it in the future.

  1. What laws apply to this Agreement and where will disputes be resolved?

Telecommunications are federally regulated. This Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission’s Internet Code, and any provincial laws (or portions thereof) which may apply to NCS or the Services in the province in which your Services are primarily provided. To the extent not precluded by applicable law, you agree that no dispute between you and NCS, or involving any person but you, may be joined or combined together, without the prior written consent of NCS, including in any class proceedings.

  1. What if I have a concern that NCS has not resolved?

Please call the NCS Customer Care Centre at 1-877-473-3660 if you have concerns about your Services. However, if you have a concern that NCS has not resolved to your satisfaction, you can contact the Commission for Complaints for Telecom-television Services (CCTS): P.O. Box 56067 – Minto Place RO, Ottawa, ON, K1R 7Z1. Toll-free: 1-888-221-1687. TTY: 1-877-782-2384. Fax: 1-877-782-2924. Email:

response@ccts-cprst.ca. CCTS website: www.ccts-cprst.ca.