This contract begins on the first day of the month following installation for a period of one year.
End of contract
The subscriber may, at any time, if he is not in default of payment, terminate the Agreement by giving thirty (30) days’ written notice to FILAU. In the event that a member terminates his fixed-term subscription before the expiry of his then current initial term, the member shall pay Filau an early termination fee of:
- $200 (dollars) or the remaining balance of amounts payable until the end of the initial term, whichever is less.
Renewal
At the end of the term, the Contract will be automatically renewed for an indefinite period. However, the subscriber may terminate the Agreement at any time after the first year, without penalty, by serving at least thirty (30) days prior written notice to the Supplier.
Contract amendments
The subscriber may modify his contract at any time to change his plan. He must then complete Schedule F, which forms an integral part of this contract entitled”Request to Change Laurentian Internet Fibre Filau’s Customer Package” and send it to the supplier’s office as indicated on the form or complete it online via the supplier’s website. There is no charge for changing the plan only to pay for the new plan chosen. If the change takes place during the month, the additional fees or credit will be invoiced pro rata to the next payment. An email notification will then be sent to you confirming the amount of the next and subsequent payments.
Payment
Customers will have to pay the cost of the equipment upon signing the contract and may, if they wish, spread the payment of the installation fees over a period of 4 months by authorizing FILAU to add this cost to their monthly fee when invoicing.
Fresh and other
Fees for a service call made due to customer negligence are charged at actual cost.
SPECIAL FEES
During the technician’s installation visit, it is possible that the technician will notice the need to proceed with non-standard equipment. The following list of services is also available to the subscriber. The costs incurred are as follows:
1 NON-STANDARD INSTALLATION In a case where the technician travels for the installation and finds that given the configuration of the premises, a non-standard installation is required, either higher than 8.5 meters above the ground or in a tree, the following procedure will be applied:
NON-STANDARD INSTALLATION FEES WILL BE APPLICABLE
Equipment $100.00
Installation fee $300.00
Totalizing: $400.00
2 STATIC IP ADDRESS Providing a static IP address $100 /month
3 TECHNICIAN LABOUR For any technician or supplier labour requirements that require travel such as programming needs (such as cameras or port redirections), the following hourly rate applies: 150$ / hr 1 hr minimum
4 ADMINISTRATION COSTS ON TRANSFER OF PROPERTY Upon the sale, assignment, gift or other transfer of title, the following fees apply to the new subscriber: $50
5 ADDITIONAL OPERATION FEES Additional costs of $3.00 will be charged for each GO started in excess of the consumption of the chosen monthly plan up to a maximum of $50.00 per month. These fees will be charged the month following their use: $3.00/additional GB Maximum of $50 per month
6 INTEREST FEES FOR TAXED SUM Monthly rate of 2% calculated and compounded monthly or 26.82% per year. 2%/month 26.82% per year
7 FOR SUFFERING ACCOUNTS $25 / month
8 CHECK RETURNED WITHOUT PROVISION OR PAYMENT DEFECTED Additional charges corresponding to the charges charged to the supplier for this purpose by the financial institution will also be charged to the customer in addition to a $50 administrative charge of $50 plus bank charges
9 CONNECTION FEE FOR NON-PAYMENT REASON Once the outstanding amounts have been paid, if the subscriber wishes to be reconnected, a connection fee plus taxes will apply. 200 $
10 MISSED MEETING $150
GENERAL PROVISIONS AND INTERPRETATION
1 TERMINOLOGY
The following words and expressions, when they appear preceded by a capital letter in the Contract or in any documentation subordinated to it, shall be interpreted, unless there is an implicit or explicit derogation in the text, according to the definitions attributed to them below:
1.1 Subscription Refers to the right that a Subscriber acquires to connect to the Internet, via the services offered by the Supplier.
1.2 Agreement Refers to this Agreement including the Preamble and its Schedules, any documentation subordinate to it, and any amendments thereto that may be made from time to time by the parties; the terms “herein”, “herein”, “hereunder”, “hereunder” and “hereby” and any other similar terms, when used in the Agreement, generally refer to the entire Agreement rather than to a part thereof unless otherwise stated in the text.
1.3 Flow Refers to the amount of information transmitted, per unit of time, and is generally expressed in megabits per second (Mbps).
1.4 Identification elements Refers to the IP (Internet Protocol) or e-mail address, the address of an e-mail box and, if applicable, the domain name.
1.5 Equipment Refers to the material used during installation.
1.6 Installation costs Installation costs include the installation of equipment, wiring. However, the wiring belongs to FILAU and it will not be buried.
1.7 Internet Refers to a communication medium composed of an interweaving of interconnected Networks.
1.8 Dedicated link Refers to an Internet connection[microwave].
1.9 Legal representatives Refers, for each party to the Contract, to its status and organisation, either its liquidators of succession, heirs, legatees or successors, or its agents or servants.
1.10 Network Refers to all optical fiber cables used by Filau Fibres internet Laurentides.
1.11 Precedence The Contract constitutes the whole and entire agreement between the parties to the exclusion of any other prior or concurrent document, promise or verbal Contract that may have been made, in the course of the negotiations that preceded the full performance of the Contract.
2 JURISDICTION
2.1 Liability This Agreement, its interpretation, performance, application, validity and effects are subject to the applicable laws in force in the province of Quebec and Canada, which govern in whole or in part all the provisions contained herein.
2.2 Presumption Any provision of this Agreement, which does not comply with applicable laws, is presumed to be without effect to the extent that it is prohibited by any such law.
2.3 Adaptation If a provision of the Contract contravenes a law, it must be interpreted, where applicable, in such a way as to bring it into conformity with the law or, failing that, in such a way as to respect the intention of the parties without derogating from the provisions of that law.
2.4 Continuation or cancellation Where the Contract contains a prohibited provision, all other provisions of the Contract shall remain in force and shall continue to be binding on the parties, unless the derogating provision relates to an essential and indivisible provision of the Contract.
3 GENERAL
3.1 Deadlines All deadlines specified in the Contract are mandatory unless otherwise specified in the text. When calculating a time limit, the following rules must apply: The day that marks the starting point is not counted, but the day of the due date is counted; Non-legal days (business day), i.e. Sundays and public holidays identified in article 6 of the Code of Civil Procedure of Québec, are counted; however, when the due date is non-legal, the term or period is extended to the first following legal day; and The term “month”, when used in the Contract, refers to the calendar months. If the Contract specifies a specific date in the calendar and this date is a non-legal day, then the due date becomes the first legal day following the date indicated.
3.2 Cumulation All rights mentioned in the Contract are cumulative and not alternative. The waiver of the exercise of a right granted by one of the parties in favour of the other party to the Contract shall never be construed as a waiver of the exercise of any other right, here granted, unless the text of a provision of the Contract exceptionally indicates the need for such an election.
3.3 Canadian currencies All amounts of money in the Contract refer to Canadian currencies. In addition, unless otherwise specified in the text, the amounts of money indicated in the Contract shall not be interpreted to include, in the amount stipulated, the Goods and Services Tax (GST), the Quebec Sales Tax (QST) and any other taxes taxable on such payments during the full term of the Contract.
3.4 Gender and number To the extent necessary for the understanding of the text, a word expressed with the masculine gender includes the feminine gender and vice versa; the same applies to a word expressing a number in that the singular includes the plural and vice versa. Any sentence containing polyvalent words of this nature should be read, where the meaning of the text so requires, in such a way as to accommodate the appropriate version of such a word with the grammatical changes necessary to give logical meaning to the sentence concerned.
3.5 Securities The securities used in the Contract have no interpretative value; they serve only as an element for classifying and identifying the provisions constituting the agreement between the parties.