APSIS Communications Inc. (“APSIS”) provides Residential and Commercial High-Speed Internet and VOIP Phone Service(“SERVICES”) as a Third Party provider to its Customers(“CUSTOMER”) in the Province of Ontario.
“Customer” shall mean the person named on the invoice and is responsible for paying for the Services provided to them under this agreement(“AGREEMENT”). The Agreement is subject to amendment from time to time and would supersede the current agreement. The most current version of this agreement will be available on our website http://www.apsiscom.com.
By using the Service, the Customer agrees to be bound by the terms and conditions of this agreement. If the Customer does not agree to the terms and conditions of this agreement, the Customer may initiate the right to terminate the agreement and cease using the Service provided by APSIS. The Customer is responsible for ensuring that the Services provided by APSIS are used in accordance with the Terms and Conditions of this agreement.
APSIS Customers invoices are due and payable in full by the specified due date on their invoices
The Customer agrees to pay the total charges in full by pre-authorized credit card transaction or by dropping off a cheque at 468 Grantham Ave Unit 1a, St Catharines Ontario, during the normal business hours of 9-5 Monday to Friday.
An administration charge will be applied to the customers account if the payment is refused for any reason. Any amounts unpaid will be subject to a 2% per month, calculated and compounded monthly (26.82% per annum). Any accounts that require additional collection efforts and incurs additional charges as a result of the collection efforts will have an additional charge applied to the outstanding balance.
Overdue accounts will result in cancellation of subscribed services referred to thereon. Reconnection charges may apply.
The Customer agrees to not use the Services provided in a manner that is contrary to applicable laws or regulations. Any breach of these laws and regulations and Apsis’ acceptable use policy(“AUP”) and may result in the termination of the Services provided.
APSIS’ AUP is available online at www.apsiscom.com and forms part of this agreement.
The Customer hereby grants APSIS, its employees, representatives, contractors, subcontractors, and agents reasonable access to the Customer’s premise or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect APSIS Services or equipment.
If the Customer does not own the premise that service is to be provided, the Customer represents that the Customer has the consent of the property owner or otherwise has the authority to allow APSIS to install, inspect, service, maintain, remove or disconnect APSIS Services.
The Customer, may at any time, with prior notice to APSIS indication the termination date required, and without cost, penalty or cancellation indemnity, cancel this Agreement or any Service provided under the agreement. Charges for Service will apply until the cancellation date identified by the Customer.
In addition to the rights given to APSIS under this agreement, Apsis may:
At any time, upon at least five (5) days’ prior notice to the Customer, cancel this agreement or any Service provided under this agreement; or
At any time and without prior notice to the Customer, disconnect or suspend the Customer’s access to the Services or cancel the agreement (i) if the customer fails to comply with one or more of the provisions of this agreement with the exception of the Customers payment obligations contained in sections 4-7 hereof, in which case paragraph 12.1 shall apply; or (ii) upon the occurrence of any act of bankruptcy on the part of the Customer, or the Customer becomes insolvent
APSIS does not warrant uninterrupted use or operation of the Services. APSIS relies on third-party providers to supply the Services to the Customer. APSIS will not be liable for any interruptions in Service, loss of data or any delay or failure to perform. The Customer acknowledges that APSIS, its affiliates, and their respective Directors, Officers, employees, agents or suppliers shall not be held liable with regard to any damages arising, directly or indirectly, from this agreement. In no event shall APSIS have any liability to the Customer for special, indirect, incidental or consequential damages arising from this agreement. APSIS’ maximum liability toward the customer shall be limited to the total amount paid to APSIS by the customer under the agreement during the 12-month period immediately preceding the date of the claim. This section will survive the termination of the agreement.
The Customer shall be liable for any damages, claims, losses, actions, suits, proceedings or causes of action whatsoever, including legal fees and expenses (a “Claim”) arising out of (i) the breach of any provision of this Agreement or any applicable law; (ii) the use of the Services; or (iii) the posting or transmission of any information or other materials through the Services. The Customer shall be liable for and indemnify and hold harmless APSIS, its affiliates and their respective officers, directors, employees, agents, and suppliers against all Claims. The Customer agrees to promptly notify APSIS after becoming aware of any unauthorized use of the Services or its account and shall take such reasonable measures as are necessary to prevent any reoccurrence of such event. APSIS reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to such indemnification. The Customer shall co-operate as fully as reasonably possible in the defense of any Claim assumed by APSIS in such a case.
APSIS collects personal information on its Customers, which it is used for the following purposes:
To communicate with its customers
To develop and maintain its relationships with its Customers;
To provide its Services or to receive services it requires in order to deliver the Services;
To ensure that all actions required for the purposes mentioned above are taken;
To understand and assess the interests wants and needs of Customers with a view
To improving current Services, or to offer new Services;
To manage its business;
To ensure the efficiency, reliability, and security of its systems and network; and
To fulfill its obligations under the law.
Unless a Customer provides express consent or unless disclosure is otherwise required or allowed by law, APSIS will not disclose personal information regarding a Customer, other than the Customer’s name, address and listed telephone number, to anyone other than:
A person who, in the reasonable judgment of APSIS, is seeking the information as an agent of the Customer;
Another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
A company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
An agent retained by APSIS in the collection of the Customer’s account provided the information is required for and is to be used only for that purpose
Express consent to disclosure may be deemed to be given by a Customer where the Customer provides:
Oral confirmation verified by an independent third party;
Electronic confirmation through the use of a toll-free number;
Electronic confirmation via the Internet;
Oral consent, where an audio recording of the consent is retained by the carrier; or
Consent through other methods as long as an objective documented record of customer consent is created by the Customer or by an independent third party
By entering into this Agreement, the Customer hereby expressly consents to APSIS requiring, obtaining from and providing to third parties, personal information on the Customer or on the Customer’s account, for the sole purposes set out in paragraph 15. In addition, and whenever applicable, the Customer hereby consents that APSIS obtains and uses credit history information and personal information therein contained and provides same to credit reporting or collection agencies, if applicable.
For more information about the privacy of the Customer’s personal information, please visit our website at www.apsiscom.com.
The failure of APSIS to enforce any provision of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agrees that if any portion of this agreement is held invalid or unenforceable, the remaining portions will remain in full effect.
This agreement is non-transferable; a new agreement must be in place in order for services to be transferred to another person or service address.
This Agreement shall be governed by, and construed in accordance with, the laws applicable in the Province of Ontario.