The Fine Print
Continuum Online Services Limited o/a NetFlash Internet Solutions
End User License Agreement
Continuum Online Services Limited o/a NetFlash Internet Solutions (hereafter referred to as “NETFLASH”)
OF THE FIRST PART
The end user
(hereafter referred to as the “Customer”)
OF THE SECOND PART
NetFlash Internet Solutions may have the ability to provide Internet connectivity and services to the Customer.
1. Restrictions and Liabilities:
Both parties agree that the following conditions of business will apply:
a) All hardware and software provided by NetFlash Internet Solutions remains the property of NetFlash Internet Solutions excluding any hardware purchased directly by the Customer for use on the system. In no manner does the Customer have any right to tamper, modify, or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the NetFlash Internet Solutions units.
b) The Customer cannot redirect, resell, or share the service in any way beyond their direct use, established at the time of set-up, unless NetFlash Internet Solutions permits this ability with written permission.
c) NetFlash Internet Solutions is not responsible for any illegal transaction, activity, download or upload generated to or from the Customer, directly or indirectly. Neither is NetFlash Internet Solutions responsible for any other form of soliciting done to or from the Customer. NetFlash Internet Solutions network is solely a means of directing requests from and to the Customer’s system.
d) NetFlash Internet Solutions agrees to service the hardware and to keep the system maintained to peak performance. NetFlash Internet Solutions further agrees to provide hardware and/or software upgrades as required to the system, as they become available.
e) NetFlash Internet Solutions has the exclusive right to open any hardware provided by NetFlash Internet Solutions or to allow an authorized person assigned by NetFlash Internet Solutions to open and modify any components.
f) NetFlash Internet Solutions will sustain the network to the best of their ability and will repair or replace any defective system as quickly as possible.
g) NetFlash Internet Solutions is not responsible for any down time experienced by the Customer or for any possible loss of communication time.
h) NetFlash Internet Solutions is not responsible for any monetary liability due to possible down time, be it real or perceived.
i) If the structure is inoperative for longer than 24 hours, NetFlash Internet Solutions will compensate the Customer who in writing, within 48 hours of restoring the service, has asked for compensation due to the failure directly related solely to the NetFlash Internet Solutions equipment. This monetary compensation is limited to a prorated daily amount of the regular monthly fee to the Customer.
j) NetFlash Internet Solutions is not liable in any form for loss or damages due to the failure of the equipment beyond the replacement of a NetFlash Internet Solutions unit.
k) If a Customer calls requesting a service call, regarding possible service interruption, if any problem found to be the fault of the NetFlash Internet Solutions equipment, the problem will be resolved at no charge to the Customer. However, if it is found that the fault lies outside the NetFlash Internet Solutions hardware, (de-marker point), a charge of $100.00 per call will be charged to the Customer, per incident. This rate may change and will be governed solely by NetFlash Internet Solutions.
l) Any equipment purchased by or for the Customer is not considered the property of NetFlash Internet Solutions. This includes the items such as equipment used to connect to the wireless system, purchased by the Customer, regardless of who provided it. Warranty on the items is governed by the manufacturer and not by NetFlash Internet Solutions.
m) NetFlash Internet Solutions will inform the Customer of any unscheduled servicing on the system which may interfere with performance, if the system will be down for longer than one hour. Unless the service in considered urgent by NetFlash Internet Solutions, no notice of unscheduled servicing is then required.
n) NetFlash Internet Solutions may install protection system(s) for their equipment but is not responsible in any way whatsoever for any potential or actual corruption of or spamming to the Customer’s system. The Customer is responsible for taking any steps necessary to protect their files. Both parties acknowledge that systems are still vulnerable despite the use of the best protection systems available.
2. Charges for Service:
The following is a table of charges agreed to by both parties for the use of the system:
a) NetFlash Internet Solutions agrees to charge the Customer in the following manner:
- 90 days in advance with a maximum of 20- day payment terms and/or
- 30 days in advance with the option of using the automated payment method of direct withdrawal from a bank account or a credit card
b) Any late payment will incur an interest charge of 2% p.m. calculated in advance.
c) In the event that the Customer falls delinquent in their payment, NetFlash Internet Solutions has the right to terminate service after giving written notice to the Customer.
d) An installation charge of $100.00 per Customer site will occur.
e) Early termination of the Customer’s service will incur a prorated charge of 50% per month outstanding, payable to NetFlash Internet Solutions by the Customer until the end of the contract
3. Residential Package and Business Package:
All prices are rated per month with applicable taxes to be applied.
Prices will be displayed on advertised material with applicable promotions and timeframes.
These prices are to be reviewed continually. Any changes in the pricing structure will be provided to the Customer, in writing, thirty days prior to implementation of any rate change.
Any changes in the different package speeds will be made available to the Customer as soon as they can be implemented, with the applicable related cost being applied.
If the Customer does not wish to adhere to the new pricing structure, the service can be terminated by NetFlash Internet Solutions if the Customer states in writing within 15 days, after receiving the notice of change that they do not wish to continue with the service. A disconnection fee for the remaining months outstanding will apply, if the
Customer requested the initial installation agreement waving the installation cost, this will be charged to the Customer.
Any equipment purchased by the Customer for the use of the service remains the property of the Customer.
a) All customers who wish to cancel their current services provided by Netflash Internet Solutions shall do so in writing with advance notice of 30 days. If less than 30 days is required, it is up to the sole discretion of Netflash Internet Solutions to make an agreement with the Customer. If Customer is in the middle of a contract term the penalty to be released from that contract will be 50% of the remaining months left on the contract.
a) If any term of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
b) This Agreement shall be governed by and considered in accordance with the laws of the Province ofOntario. Each party hereby succumbs to the jurisdiction of the Courts of the Province of Ontario and agrees not to oppose any action brought in Ontario on the basis that the Courts of Ontario do not provide an appropriate commercial forum for same.
c) If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees.
d) All hosting clients (ie. domain hosting accounts) are responsible to ensure that they have a copy of their website and email prior to the cancellation date as Netflash will not perform backups prior to removal.
*The above Licence is considered part of the agreement between NetFlash Internet Solutions and the Customer. NetFlash Internet Solutions will modify this as soon as possible if changes are to be made*