Terms and Conditions
General Terms and Conditions
The following terms and conditions apply to all customers subscribing to Truespeed Internet Service Inc. (“Truespeed”). This Agreement is incorporated into the Acceptable Use Policy. By utilizing any Truespeed service, the Subscriber agrees to adhere to the terms and conditions of the Acceptable Use Policy, this Agreement, and all other applicable Truespeed policies, as may be modified by Truespeed from time to time. In the event of any inconsistency or conflict between the Acceptable Use Policy, other Truespeed policies or agreements, and this Agreement, the provisions of this Agreement shall prevail.
Internet Provisioning
Internet provisioning is based on a best-efforts model. While Truespeed endeavors to maintain optimal speeds, the Subscriber’s experience may be impacted by factors including in-house equipment, signal interference, website traffic, and last-mile network congestion. Truespeed does not warrant uninterrupted use or operation of the services and shall not be liable for any interruptions in service, loss of data, or any delay or failure to perform. Truespeed disclaims all warranties, express or implied, regarding the services provided to the Subscriber. The Subscriber acknowledges that Truespeed, its affiliates, and their respective directors, officers, employees, agents, and suppliers shall not be held liable for any damage arising directly or indirectly from this policy. In no event shall Truespeed have any liability to the Subscriber for special, indirect, incidental, or consequential damages arising from this agreement.
Payment Policies and Terms
The Subscriber shall be billed monthly for all services in advance. Payment by the Subscriber is due to Truespeed within fifteen (15) days from the date of the invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall be placed on accounting hold, and services to the Subscriber shall be suspended until the account is paid in full. For any subscriber’s account that has been placed on suspended service, a reconnection charge of Twenty-Five Dollars ($25.00) shall be due to reactivate the Subscriber’s services, in addition to any outstanding amount owed. A fee of Fifty-Five Dollars ($55.00) will be added to the subscriber account in the event of any bank returned check or NSF (Non-Sufficient Funds) occurrence. In the event that more than one check is returned, Truespeed may choose to only accept cash, credit/debit card, or certified funds for payment on the account. All amounts listed do not include applicable taxes.
Termination
The Subscriber may terminate service by submitting a request for termination via email (billing@truespeed.ca), fax (613-499-9499), or by mailing the head office located at 803 Chelsea Street, Suite 1, Brockville, Ontario, K6V 5T4. Requests received prior to the close of business shall have a termination date of the next business day. No refunds or credits are issued for unused portions of monthly services or hardware rental, as applicable. Please allow up to five (5) business days for cancellations to be processed. In the event that an active contract is in place, the Subscriber must pay 50% of the remaining obligation to complete contractual terms or as stipulated within the contract should conditions differ. For example, $50 per month with a 10-month remaining obligation is $50 x (10/2) = $250, plus applicable taxes.
All purchased hardware, including but not limited to modems and routers through Truespeed’s Rent-to-Own program, must be paid for in full upon account cancellation. Without prior notice, Truespeed may terminate this Agreement, the Subscriber’s password, account, or use of the Services for any reason, including, without limitation, if Truespeed, in its sole discretion, believes the Subscriber has violated this Agreement, the Acceptable Use Policy, or any applicable Truespeed policies, or if the Subscriber fails to pay any charges when due. Truespeed may provide termination notice to the Subscriber by email addressed registered with the account or by mail or courier service (both subject to additional charges) to the physical address provided for the Services. Termination by Truespeed for violation of the Acceptable Use Policy may be subject to termination fees in the event of premature cancellation of any contract, if applicable, or if the cancellation occurs within one (1) year of the commencement of an equipment rental agreement.
Refunds for "Does Not Qualify"
In cases where a potential subscriber’s address does not qualify for service and upfront fees have been prepaid, the account will be issued a full refund, including service, hardware, and invoiced service fees. Truespeed will make every effort to contact the account holder in this situation; however, it is the sole responsibility of the subscriber to contact Truespeed to request the refund. Restocking fees do not apply to modems that remain sealed and unopened. Shipping fees cannot be refunded.
Cancellation Prior to Installation
For a full refund of activation fees and monthly service fees, the account holder must cancel their order at least forty-eight (48) hours prior to their scheduled installation. Cancellation requests received less than forty-eight (48) hours prior to the scheduled installation but prior to the scheduled time will be refunded the monthly service fees. Activation fees will not be refunded.
Hardware Warranty Statement
The original manufacturer’s warranty applies to all hardware, including modems, routers, radios, and adapters. The warranty covers hardware only and does not cover software problems, including but not limited to drivers, viruses, and/or malware. The warranty is void if goods are physically damaged, including damage from an electrical surge, water, or smoke-related damage to any component of the equipment. Manufacturer defective equipment may be returned for exchange or repair within one (1) year from the date of purchase at no charge to the customer. Open box equipment is sold as-is and comes with a ninety (90) day warranty unless otherwise stipulated.
Hardware Return Policy
All products remain the property of Truespeed Internet Services, Inc. until paid for in full. Returned equipment must be delivered to the Truespeed head office located in Brockville, Ontario. Shipping or transportation charges are the responsibility of the client. A restocking fee will be charged on all hardware returns at the rate of fifteen percent (15%) of the current selling price within thirty (30) days from the date of purchase, with some exceptions. Complete packaging and contents must be returned with the original bill of sale to receive a refund. No returns will be accepted on hardware after thirty (30) days from the original invoice date or on special order items. Refunds may be in the form of store credit, depending on the product type at the sole discretion of a Truespeed representative. Due to copyright laws, software is not returnable for any reason. Shipping charges, setup fees, labor charges, and deposits are non-refundable. A two percent (2%) service charge per month will be applied to “on account” items after thirty (30) days from the purchase date without exception.
Equipment and Scope of Work
All equipment, modems, routers, subscriber modules, antennas, and standard mounting equipment that is not expressly purchased by the client will remain the property of Truespeed Internet Services Inc. The Subscriber may not sell, transfer, lease, encumber, or assign all or part of the equipment to any third party. The Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by Truespeed in obtaining or attempting to obtain possession of any such equipment. Upon expiration or termination of this Agreement, the Subscriber authorizes Truespeed to retrieve from the Subscriber’s premises equipment that is owned by Truespeed Internet Services, Inc.
Additional Fees
In the event that special construction or additional equipment, including but not limited to longer cable, additional grounding, additional tower sections or masting, or specialized antennas, is required, an additional fee will be charged for said equipment and any additional labor not included within the terms of a standard installation. Additional labor is billed at $99.99 per hour per technician.
In-Home Support Policy
Truespeed is committed to providing exceptional customer service and technical support to its subscribers. Technical support and assistance are offered up to and including the point of the modem within the subscriber’s home. In-home support includes the installation, configuration, troubleshooting, and maintenance of the equipment provided by Truespeed up to the modem for wired subscribers and to the PoE injector for Fixed Rural Wireless services. Truespeed’s commitment to quality service extends to ensuring a reliable and functional connection up to this point.
Support Details
Beyond the Modem: Truespeed support does not provide standard in-home technical support for issues or equipment located beyond the modem for wired clients or PoE injector for Fixed Rural Wireless subscribers. This includes the subscriber’s internal network, routers, switches, Wi-Fi extenders, and devices connected to the subscriber’s network. Subscribers are responsible for the management and support of their internal network and devices. Should support for client premisis equipment be required, a Truespeed technical visit can be arranged at an additional cost.
Wiring and Infrastructure: Truespeed and its agents are responsible for providing a functional connection to the modem, including the installation and maintenance of the wiring up to this point. Any issues related to internal wiring or infrastructure, such as in-wall cabling, are the responsibility of the subscriber.
Device Compatibility: Upon request, Truespeed support may be able to provide assistance in configuring subscriber devices to work with the modem/PoE injector as a billable service; however, support for non-standard or incompatible devices is limited. Subscribers are responsible for ensuring the compatibility of their personal devices.
Third-party Services: Subscribers may use third-party services and applications that rely on Truespeed’s internet service. While our support team may offer general advice on configuring such services, we do not provide standard direct support for third-party applications, devices, or services.
Illegal IPTV Services: Due to the problematic nature of illegal IPTV streaming services, Truespeed will not support or provide assistance for such services.
Subscriber Responsibilities
Internal Network Maintenance: Maintaining and troubleshooting their internal network, including routers, switches, and Wi-Fi devices.
Device Configuration: Configuring and maintaining the devices connected to their network.
Software and
Application Support: Seeking support for third-party software and applications from the respective vendors.
Wiring and Infrastructure: Ensuring the integrity and functionality of internal wiring and infrastructure within their home or building.
Technical Support Assistance
Our support team provides technical support over the phone, online chat, or via email to help subscribers troubleshoot issues related to Truespeed’s services up to the modem or PoE injector. If it is determined that the issue is related to equipment or services beyond that point, our team will do its best to provide assistance by directing the subscriber to the appropriate resources and/or by offering one of our pay-per-use services for extended assistance.
Support Exceptions
In rare cases, we may provide in-home support beyond the modem as part of a specialized service agreement or warranty. Such exceptions will be outlined in a separate contract or agreement, and additional charges may apply.
Standard Support
Truespeed’s connection point ends at the subscriber module. Any trouble beyond our network or equipment is the full responsibility of the subscriber and their subsequent network administrator or vendor. Standard maintenance is limited solely to network and backbone connectivity owned by or associated with Truespeed. Truespeed is not responsible for any connectivity issues or slow speeds that originate within the subscriber’s building.
If the individual connection ceases to function properly while the local Truespeed network is functioning properly, a technician can be sent out at the Subscriber’s request to troubleshoot during normal business hours (8 AM-5 PM, Monday-Friday). If it is determined that the problem is related to subscriber negligence or any item listed in the “Not Covered by Standard Maintenance” section, standard hourly rates will apply.
Not Covered by Standard Support
Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, electrical surge, lightning, neglect, misuse, transportation, theft, fault, or negligence of the Subscriber or causes external to our network system, such as, but not limited to, failure of, or faulty, electrical power, operator error, or malfunction of the Subscriber’s computer and/or peripheral equipment not installed by Truespeed, or from any cause related to or other than the intended and ordinary use.
Antenna re-aiming or relocation due to obstructions such as trees, vegetation, buildings, or storm-related damage. Any re-aiming or relocation of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.
Manufacturer’s warranty covers hardware only. In-home technical service is available at an additional charge or through support contracts.
Moving
If the Subscriber moves during the term of this Agreement and would like to relocate the Service, the Subscriber must place a relocation request with Truespeed as soon as possible. This request must contain the requested date of service termination, plus the address and phone number (if possible) of the new location and the prospective move-in date. Upon receiving a written or email relocation request from the Subscriber, Truespeed will place a “move order” for the new location. The Service may be maintained at the old address until the Service has been delivered to the new address. All applicable installation fees will be charged to the Subscriber at the new address. After the Service has been delivered to the new address, the Subscriber may choose to maintain the Service independently at the old address for up to thirty (30) days for a smooth transition. The Subscriber will be billed for both services during any period when both are in service simultaneously. If the old Service has not been canceled within thirty (30) days after delivery of the new Service, they will be considered separate subscriptions and the Subscriber will be billed accordingly. If Truespeed and its agents are unable to provide service to the Subscriber’s new location, the Agreement shall terminate and Early Termination fees based on any contract, if applicable, shall apply.
Downtime Courtesy Discount
Service must have been 100% unavailable for over twenty-four (24) consecutive hours to be considered for a courtesy discount. It must also have gone through extensive troubleshooting by Truespeed technical support to be eligible to receive a refund. To qualify for downtime courtesy credit, the issue must be on the vendor side and not related to customer equipment, wiring, or other on-premise problems. Credits are issued on a per-day basis. As an example, a 25 hour outage will be billed the value of 1 day.
Upon verification of eligibility, the account holder is entitled to an account credit of the value of the downtime. As an example, a $30 per month account will be credited for $1 in the event of an outage that lasts a day. The downtime courtesy credit will be issued directly to the customer’s account on their next invoice.
Indemnification/Release
The Subscriber, its agent, successor, and/or assigns expressly agree to indemnify and release Truespeed, its affiliates, subcontractors, employees, agents, assigns, or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to the Subscriber’s installation of, use of, or termination of Truespeed’s services hereunder, including but not limited to, the Subscriber’s access to content uploaded or downloaded using Truespeed service from any source or to any recipient. The Subscriber further releases Truespeed from any responsibility or liability related to the accuracy, quality, or confidentiality of any information available by or through Truespeed systems and/or network. The Subscriber’s release of Truespeed includes any actions or inaction by Truespeed that amount to negligence. The Subscriber further agrees to indemnify and hold harmless Truespeed from and against any and all claims, actions, causes of action, losses, or damages, including attorney’s fees, which in any way arise from the Subscriber’s installation of, use of, or termination of Truespeed’s services herein.
Disclaimer
Truespeed assumes no responsibility for the content contained on the Internet or otherwise available through our network or from any source accessible via Truespeed’s services. Truespeed discloses and the Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Truespeed which may be offensive to some individuals, which may not be in compliance with local, provincial, or federal laws, rules, or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. The Subscriber acknowledges to Truespeed that its use of Truespeed Internet Services’ service to access information, content, or other services is at its own risk.
Permitting and Landlord Approval
It is the Subscriber’s responsibility to obtain any required permits, homeowner association approvals, mortgage grantor’s permission, or to grant or gain landlord approval for the placement of the equipment and/or wiring entering the Subscriber’s building. The landlord/owner consents to the installation, maintenance, and removal of the equipment described herein and required by the Subscriber to receive Truespeed services.
Customer Liability
The customer assumes all liability for providing a computer or device capable of using IP over Ethernet.
Governing Law and Venue
The laws of the Province of Ontario shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Brockville, Ontario.
Privacy and Data Protection
Truespeed is committed to protecting the privacy and personal data of its subscribers. The collection, use, and disclosure of personal information are governed by Truespeed’s Privacy Policy, which is incorporated by reference into this Agreement. Subscribers are encouraged to review the Privacy Policy to understand how their personal information is handled.
Service Level Agreement (SLA)
Truespeed may offer a Service Level Agreement (SLA) that outlines the expected performance and availability of the services provided. The SLA may include details on uptime guarantees, response times for support requests, and remedies or credits available to the Subscriber in the event of service outages or performance issues.
Force Majeure
Truespeed shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, or interruptions in power or telecommunications services.
Amendments
Truespeed reserves the right to amend or modify this Agreement, the Acceptable Use Policy, and any other applicable policies at any time. Subscribers will be notified of any material changes via email or through a notice on the Truespeed website. Continued use of the services after such changes have been made constitutes acceptance of the revised terms.
Dispute Resolution
Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the Canadian Arbitration Association. The arbitration shall take place in Brockville, Ontario, and the language of the arbitration shall be English. Each party shall bear its own costs and expenses of the arbitration, and the arbitrator’s decision shall be final and binding.
Limitation of Liability
In no event shall Truespeed’s total liability to the Subscriber for any and all claims arising out of or related to this Agreement exceed the total amount paid by the Subscriber to Truespeed for the services during the twelve (12) months preceding the event giving rise to the claim.
Intellectual Property
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the services and any related software or documentation provided by Truespeed, shall remain the exclusive property of Truespeed or its licensors. The Subscriber is granted a limited, non-exclusive, non-transferable license to use the services and related software solely for personal or internal business purposes.
Acceptable Use Policy
The Subscriber agrees to comply with Truespeed’s Acceptable Use Policy, which sets forth the acceptable and prohibited uses of the services. Violations of the Acceptable Use Policy may result in the suspension or termination of services and may subject the Subscriber to civil or criminal liability.
Contact Information
Should you have questions or concerns about any aspect of this agreement, please contact info@truespeed.ca.
