WORLDLINE SERVICE SCHEDULE TO WORLDLINE FIBERNETICS MASTER SERVICES AGREEMENT
Fibernetics Corporation (“Fibernetics”) offers certain services under the Worldline brand (the “Worldline Service(s)” or the “Service(s)”), the terms of which are found in this Worldline Service Schedule. This Worldline Service Schedule (the “Service Schedule”) is an attachment to and forms an integral part of the Worldline Fibernetics Master Services Agreement (the “Agreement”) and the customer (the “Customer” or “you”) agrees to be bound by the terms and conditions set out in this Service Schedule as well as the Worldline Fibernetics Master Services Agreement which can be found at https://www.worldline.ca/legal/master-services-agreement/.
THIS SERVICE SCHEDULE IS SUBJECT TO THE LIMITATION OF LIABILITY CONTAINED IN THE WORLDLINE FIBERNETICS MASTER SERVICES AGREEMENT.
THE CUSTOMER MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS INTERNET SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN THE CUSTOMER AND FIBERNETICS. THESE TERMS AND CONDITIONS OF USE GOVERN THE CUSTOMER’S USE OF THIS INTERNET SITE (“SITE”) AND THE SERVICES OFFERED, INCLUDING THE SERVICE SOFTWARE, EQUIPMENT, ASSOCIATED MEDIA, ANY PRINTED MATERIALS, DATA, FILES AND INFORMATION AND ANY ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATED AND CHANGED WITHOUT NOTICE TO THE CUSTOMER. THIS AGREEMENT TAKES PRECEDENCE OVER ANY OTHER AGREEMENT OR TERMS EMBEDDED WITHIN THE SOFTWARE.
The following terms and conditions apply to all of the Wordline Services unless specifically noted in the section title as applying only to a particular Service.
1. General Terms for all Worldline Services
1.1. Definitions.
All defined terms, if not specifically defined in this Schedule, shall have the same meaning as set out in the Worldline Fibernetics Master Services Agreement.
1.2. Fees and Charges.
a) The fees and charges for each Service shall be set out in the description of each Service or bundled Services at www.worldline.ca.
b) Additional charges that may apply to Services, which may include access fees or activation fees, shall be listed at www.worldline.ca.
c) Fibernetics reserves the right to change fees or charges without notice to the Customer. The Customer’s continued use of the Service after a change in fees shall constitute the Customer’s acceptance of such change in fees.
d) All fees and charges shall be charged to the Customer on an ongoing monthly basis (“Month to Month Term”) unless at time of initial activation of the Customer’s Worldline services the Customer and Fibernetics agree to a minimum contract period (“Fixed Term”). The Customer is liable for all charges, payable in full from the date of the Customer’s invoice or statement.
e) Charges for the Services are non-refundable. If the Customer pays on a monthly basis or on an annual basis, and terminates the Service prior to the completion of the month or the year, as the case may be, there will be no refunds of amounts already paid, including deposits.
f) Except for equipment that a Customer has fully paid for, all equipment provided or installed by Fibernetics remains Fibernetics’ property (“Equipment”). The Customer agrees to take reasonable care of all such Equipment. If the Customer fails to return the Equipment in good condition within 30 days following cancellation of Fibernetics services, the Customer agrees to pay to Fibernetics the purchase value of such Equipment, together with any costs of Fibernetics obtaining such Equipment as specified in Schedule A attached hereto.
g) Fibernetics reserves the right to substitute hardware prior to being delivered to customers and without prior notice, provided that the substitute hardware will be compatible with the customer’s service and that the hardware rental charge will be equal or less. The Customer’s continued use of the Service after the change in rental hardware shall constitute the Customer’s acceptance of such change.
1.3. Long Distance Rates.
Rates for long distance calls shall be listed at www.worldline.ca. These rates are subject to change without notice. All charges for long distance calls, that are not included in Customer’s Long Distance Services Calling Package (if any) shall be charged to the Customer monthly, in arrears, and paid in accordance with the Customer’s payment methods set up in the Customer’s Customer Account.
1.4. Unlimited Calling Destinations.
Unlimited calling services to Canada excludes Nunavut, Yukon, the Northwest Territories and any other destination with a higher than average cost as determined by Fibernetics. Unlimited calling services to the United States excludes Guam, Puerto Rico, Alaska, Hawaii and any other destination with a higher than average cost as determined by Fibernetics.
1.5. Acceptable Use Policy.
The Acceptable Use Policy for the Services can be found at www.worldline.ca. and attached hereto.
2. Call Canada and Call The World 2-Stage Long Distance Services Calling Packages (“Long Distance Services”)
2.1. Service Description.
The features and rates for the Long Distance Services, (including call destinations that are included in the package) can be found at www.worldline.ca.
2.2. 911 Service.
a) Emergency calls cannot be made through the Long Distance Services. Neither 999, 112, 911, e-911 service nor any other emergency service is available through the Long Distance Services. If the Customer dials “999” or “911”(or any other internationally recognized emergency service numbers) while using the Long Distance Services, the Customer will not be connected to an emergency operator, nor will the Customer’s phone number or location be reported to an emergency operator. However, by subscribing to the Long Distance Services, the Customer is not prevented from using his/her home phone and underlying carrier to make emergency calls.
b) The Customer acknowledges and understands that Fibernetics will not be liable for any inability to dial 9-1-1 or any other emergency service using the Long Distance Services or to access emergency service personnel due to the 9-1-1 dialing limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FIBERNETICS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FIBERNETICS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1AND/OR EMERGENCY SERVICE.
2.3. 611/ 411/311/211 services not available.
The Long Distance Services are not a replacement for home phone services and the Customer cannot make 611/411/311/211 calls through the Long Distance Services.
2.4. Term.
The term for the Long Distance Services shall begin on the date the Long Distance Service is activated by Fibernetics and shall expire at the end of the first Month-to-Month Term or Fixed Term, as applicable (the “Initial Service Term”). The Long Distance Services Term shall automatically renew on the same terms and conditions on a Month-to-Month Term (“Renewal Term”) following the Initial Service Term and each subsequent Renewal Term. Either party may terminate the Long Distance Services by providing verbal notice to the other party of its intention to terminate. The Initial Service Term as continued is called the “Term”.
2.5. Service Use.
a) The Long Distance Services are to be used for voice only purposes.
b) In the event that a customer exceeds a reasonable usage threshold, as determined by Fibernetics in its sole discretion, Fibernetics may suspend or terminate the Customer’s account without notice.
c) Fibernetics in its sole discretion, reserves the right to block or restrict calling in certain areas.
2.6. Proper Use of Service and costs.
Where the Customer uses the Long Distance Services with a cell phone or with a home phone provided by an underlying carrier that is not Fibernetics, Fibernetics will not be responsible for any cellular provider or other carrier’s charges to the Customer. The Customer understands that the following charges may be incurred by the Customer, and shall be payable by the Customer, when using the Long Distance Services:
a) Charges incurred if the Customer selects the incorrect location or incorrect local access number for the Customer’s location when placing the call;
b) Charges incurred if the Customer presses the “SEND” or “CALL” button (to initiate the call process) more than once at any time during the call completion process;
c) Charges for local air time for use of the service;
d) Home phone service charges by the underlying carrier; and
e) Any other cellular provider, underlying carrier or third party charges that may be incurred if the Long Distance Services dialing procedures are not followed correctly.
3. Worldline Home Phone Services (“Home Phone Services”)
3.1. Service Description.
a) The features and rates for the Home Phone Services can be found at www.worldline.ca.
b) Details of the minimum system and access requirements for the Home Phone Services, such as high speed internet, can be found at www.worldline.ca.
c) The Home Phone Service charges include the charges for the hardware associated with running the Home Phone Service, as detailed at www.worldline.ca. Shipping costs are not included in the charges.
3.2. 9-1-1 Service.
PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY! By using or paying for the Home Phone Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Home Phone Services for dialing 9-1-1. The Customer acknowledges and understands that the Home Phone Service offers a limited 9-1-1 type service and that such 9-1-1 type dialing differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Home Phone Service from the Customer’s location of these limitations.
a) Fibernetics 9-1-1 emergency dialing is only supported in software and on Analogue Terminal Adapters (ATAs) or modems provided by Fibernetics for use with the Home Phone Services.
b) The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of subscription or as properly updated by the Customer from time to time.
c) Fibernetics 9-1-1 emergency dialing has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, the Customer’s address information associated with the Customer’s telephone number is usually available to the PSAP at the time of the Customer’s 9-1-1 call. With the Home Phone Services 9-1-1 emergency dialing, the Customer’s call is being sent via the Internet rather than a traditional phone line, and as the most up to date Customer address information may not arrive with this call, a different method is required to send this Customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain the Customer’s current location information.
d) 9-1-1 dialing will not function correctly if the Customer moves or changes locations without updating the location information with Fibernetics. An emergency service operator will assume the Customer is at the last registered address if the caller is not able to speak during the 9-1-1 call. The Customer’s registered location information is used to accurately connect to the appropriate emergency response center so that the emergency response center may trigger the appropriate emergency response. In order to have 9-1-1 calls routed correctly, upon subscription to Worldline Home Phone Services the Customer must provide detailed and accurate location information, including in-building identification information (such as a Suite #) to accurately reflect the exact location of the Customer in the case of emergency. The Customer is also responsible for notifying Fibernetics of any change in address at least three (3) days prior to moving in order to keep the registered location information current. The Customer must notify Fibernetics Customer service by phone or at www.worldline.ca. Please note that it may take up to three (3) days upon initial activation of service for the Customer’s address information to fully propagate throughout the 9-1-1 systems.
e) The Customer must be prepared to confirm the Customer’s location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended for the Customer to keep in mind that Fibernetics is the Customer’s telephone service provider because if necessary, the Fibernetics central call centers can contact emergency services in severe emergency situations to provide assistance. The Customer is also encouraged not to hang up until told to do so, and to immediately call back if disconnected.
f) Home Phone Services 9-1-1 emergency dialing may not be available: during a power outage, network failure, if the Customer’s computer, system, equipment or wiring is malfunctioning, in the event of suspension or disconnection of the Home Phone Service because of billing issues or breach of terms of service, due to any disconnection or suspension of underlying broadband access service or due to a Force Majeure event (as defined in this Agreement). Home Phone Services 9-1-1 emergency dialing will also be unavailable during a broadband internet outage. If there is a power outage, the Customer may be required to reset or reconfigure the ATA or modem (as the case may be), prior to being able to use the Home Phone Service, including for 9-1-1 dialing purposes.
g) For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer as compared to traditional 9-1-1 calls placed from a fixed location known to the emergency service provider.
h) The Customer should inform any household residents, guests and other persons who may be present at the physical location where the Home Phone Service is utilized of the important differences in and limitations of the 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above.
i) Customers travelling outside of Canada will not have 9-1-1 dialing services.
j) If the Customer is not comfortable with the limitations of the Home Phone Services 9-1-1 emergency dialing, the Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Home Phone Service.
k) The Customer acknowledges and understands that Fibernetics will not be liable for any service outage and/or inability to dial 9-1-1 using the Home Phone Services or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FIBERNETICS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FIBERNETICS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
3.3. Term and Termination.
The term for the Home Phone Services shall begin on the date the Home Phone Service is activated by Fibernetics and shall expire at the end of the first Month-to-Month Term or Fixed Term, as applicable (the “Initial Service Term”). The Home Phone Services Term shall automatically renew on the same terms and conditions on a Month-to-Month Term (“Renewal Term”) following the Initial Service Term and each subsequent Renewal Term. Either party may terminate the Home Phone Services by providing verbal notice to the other party of its intention to terminate. The Initial Service Term as continued is called the “Term”.
3.4. Porting.
a) Number Transfer (“Porting to Fibernetics”). If the Customer wishes to transfer or port a current telephone number to Fibernetics, the Customer must complete a Letter of Authorization (the “LOA”) and submit it to Fibernetics. The LOA will permit Fibernetics to contact the Customer’s current carrier and request the port of the number to the Fibernetics network. The Customer is responsible to cancel the service agreement with the current carrier, once informed by Fibernetics that the port is complete. Fibernetics will not be responsible for numbers that are lost, charges incurred to reclaim the telephone number, or any other porting fees, should the Customer cancel his/her service before the port is complete.
b) Number Transfer Away From Fibernetics (“Porting Out”). If the Customer intends to change to another service provider, the Customer may request to take or “port out” the telephone number supplied by Fibernetics to such other service provider. If the Customer asks a new service provider to port a number from Fibernetics, the Customer must provide verbal notice of the requested port and Fibernetics shall terminate the Service with respect to such number after the successful completion of the port. The Customer shall remain responsible for any charges and fees associated with that number until the Service is terminated. If the Customer’s Service has been suspended due to non-payment, Fibernetics reserves the right to deny the port-out request. If a port is unsuccessful for any reason, the Service and this Agreement will not terminate and the Customer will continue to be responsible for any charges and fees associated with the Service and the Customer’s account.
3.5. Directory listing.
The telephone number(s) that the Customer obtains in connection with the Home Phone Service will not be listed in any telephone directories.
3.6. Calls to certain conference or adult services or to high-cost areas may be restricted.
The Home Phone Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls). Further, the Home Phone Service does not support 1-900 calls or other similar services. Call to certain conference services, or high-cost areas may also be restricted. The Home Phone Service does support 411 calls, which shall be charged at a rate to be determined from time to time by Fibernetics. The Home Phone Service also supports 311 calls where available. The Home Phone Service may support certain calling card calls or other companies flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.
3.7. Long Distance.
Details of the Long Distance Services Calling Package to be included with the Home Phone Service can be found at www.worldline.ca. Calls made to locations that are not included in the Home Phone Service shall be charged to the Customer’s Account in accordance with the terms and conditions herein.
3.8. Installation.
a) The Customer shall be responsible for the installation of the Home Phone Service. If the Customer would like a Fibernetics authorized installer to perform the work, it can be arranged, and will be billed directly to the Customer by the Fibernetics authorized installer.
b) Fibernetics’ standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer’s home to be prepared for installation. Customer will be responsible to make and pay for any required changes or upgrades.
c) In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Home Phone Services, Fibernetics shall not be liable for any resulting delay in commencing the Home Phone Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Fibernetics in order to install or restore the Home Phone Services.
4. High Speed Internet Service – Cable or DSL
4.1. Service Description.
a) The features and rates for the High Speed Internet Services can be found at www.worldline.ca. Additional fees, not included in the regular monthly fees may apply and shall be listed at www.worldline.ca. Such additional fees may include charges for: service provider changes, change of address/location, additional email addresses over the primary account, and overages.
b) The High Speed Internet Service speed is up to the advertised upload and download speeds listed on www.worldline.ca. For example, the speed ‘up to 6 Mbps’ means that the Customer can expect speeds 6Mbps or less.
c) Fibernetics does not make any guarantees on the speed of the Customer’s connection due to the fact that speeds vary by the distance between the Customer’s location and Fibernetics’ central office or remote server.
4.2. Term.
The term for the High Speed Internet Services shall begin on the date the High Speed Internet Service is activated by Fibernetics and shall expire at the end of the first Month-to-Month Term or Fixed Term, as applicable (the “Initial Service Term”). The High Speed Internet Service Term shall automatically renew on the same terms and conditions on a Month-to-Month Term (“Renewal Term”) following the Initial Service Term and each subsequent Renewal Term. Either party may terminate the High Speed Internet Services by providing verbal notice to the other party of its intention to terminate. The Initial Service Term as continued is called the “Term”.
4.3. Installation.
a) Fibernetics shall use reasonable efforts to deliver and install the High Speed Internet Service by the estimated activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of third party suppliers or providers. Fibernetics does not guarantee that Services shall be delivered and installed by a specific activation date.
b) The Customer demarcation point for the High Speed Services shall be a standard location where all external wiring feeds terminate and connect with inside wiring owned by the Customer. High Speed Internet Services shall be installed up to the Customer demarcation point.
c) Fibernetics shall not be responsible for any equipment beyond the demarcation point, save and except for Fibernetics’ customer premise equipment, such as the Fibernetics supplied modem. Further, Fibernetics shall not be responsible for any wiring beyond the Customer’s demarcation point.
d) Any additional wiring or termination of circuits past the Customer demarcation point shall be the Customer’s sole responsibility. In the event the Customer requests wiring or other work to be performed by Fibernetics, such work will be performed by a Fibernetics authorized installer, and will be billed directly to the Customer by the Fibernetics authorized installer.
4.4. Service Interruption Credits.
a) If Services are interrupted for a period of at least 24 hours after notice by the Customer to Fibernetics, an allowance equal to 1/30th of any fixed billing cycle charges for the affected Service shall apply to each full 24 hour period during which the interruption continues. Credit in any billing period shall not exceed the total average monthly charges for that period for the affected Service. No allowance shall apply to any non-recurring or usage charges. The Customer’s sole and exclusive remedy for Service interruption shall be the credit outlined above.
b) The Customer must request credit within thirty (30) days of the validated interruption, failing which the Customer forever waives its right to any credit for such outage. Fibernetics reserves the right to determine in its sole and absolute discretion if an interruption is considered a validated interruption.
c) At no time will multiple remedies be provided to the Customer for same, similar or related troubles on the same line. Customer payables must be current prior to the Customer receiving any credits
d) No credit shall be provided for interruptions due to the following:
i. the failure of any component, equipment, wiring, network or system provided by the Customer or a third party;
ii. network maintenance by Fibernetics;
iii. Force Majeure events;
iv. acts or omissions, negligent or otherwise, of the Customer or a third party, or any breach of any term or condition by the Customer of the Master Services Agreement or any schedules or addenda attached thereto.
5. Dial-up Internet Service
5.1. Service Description.
The features and rates for the Dial-up Internet Services can be found at www.worldline.ca.
5.2.. Term.
The term for the Dial-Up Internet Services shall begin on the date the Dial-Up Internet Service is activated by Fibernetics and shall expire at the end of the first Month-to-Month Term or Fixed Term, as applicable (the “Initial Service Term”). The Dial-Up Internet Services Term shall automatically renew on the same terms and conditions on a Month-to-Month Term (“Renewal Term”) following the Initial Service Term and each subsequent Renewal Term. Either party may terminate the Dial-Up Internet Services by providing verbal notice to the other party of its intention to terminate. The Initial Service Term as continued is called the “Term”.
6. Worldline Home Phone and High Speed Internet Services Bundle (the “Home Phone and Internet Bundle”)
6.1. Service Description.
The features and rates for the Home Phone and Internet Bundle can be found at www.worldline.ca.
6.2. Same Terms.
All terms and conditions from the Home Phone Service and the High Speed Internet Service apply to the Home Phone and Internet Bundle, except Term and Termination and Installation, which shall be as follows:
a) Term. The term for shall be as follows for the Services indicated:
i. 30M and 60M Cable Internet and Home Phone Bundle: The initial Term shall begin on the date the Service is activated by Fibernetics and shall continue for a period of two (2) years (the “Term”) from the date of activation. Early cancellation shall be subject to a cancellation fee as outlined in section 6.2(b). The Term shall automatically renew on the same terms and conditions, except that each renewal term shall continue monthly (“Renewal Term”) unless service has been terminated in accordance.
ii. All other Home Phone and Internet Bundle Services: the Term shall begin on the date the Service is activated by Fibernetics and shall expire at the end of the first Month-to-Month Term or Fixed term, as applicable. The Term for the Home Phone and Internet Bundle shall automatically renew on the same terms and conditions on a Month-to-Month Term (“Renewal Term”) following the initial Service Term and each subsequent Renewal Term unless terminated in accordance with Section 6.2(b).
b). Termination. Either party may terminate the Services as follows:
i. 30M Cable Internet and Home Phone Bundle and 60M Cable Internet and Home Phone Bundle: Either party may terminate the Service by providing verbal notice to the other party of its intention to terminate if the user is on a contract. Cancellation prior to the end of the initial two year term shall be subject to an early cancellation fee (“ECF”) equal to the damages suffered by Fibernetics as a result of the early cancellation of the contract. For greater clarity, the ECF is equal to the savings the Customer incurred per month by signing the contract, multiplied by the number of months of service provided to the Customer up to the date of cancellation. Cable internet Customers not on a contract must provide verbal notice to the Worldline contact centre if they wish to terminate their service. At the time of cancellation the Worldline representative will adjust the Customer’s account accordingly and will provide a cancellation number. Activation fees, installation fees, or any other one-time fees are non-refundable. Cancellations shall not be honored by electronic mail, fax or postal mail.
ii. All other Home Phone and Internet Bundle Services: Either party may terminate the Service by providing verbal notice to the other party of its intention to terminate. A cancellation number will be provided to the Customer by the Worldline representative at the time of cancellation. Customers not on a contract are given a prorated refund based on the number of unused service days remaining plus any credit balance at time of cancellation. Refunds by cheque will only be made if this total is $10.00 or more, and will be issued within 60 days of cancellation. Activation fees, annual network fees, installation fees, or any other one-time fees are non-refundable. Cancellations shall not be honored by electronic mail, fax or postal mail.
iii. Equipment: If the Customer fails to return Fibernetics’ Equipment to Fibernetics within 30 days following cancellation or termination, the Customer will be charged for the adjusted modem cost based on the length of time the Customer remained a Fibernetics customer. The applicable charges may be found in Schedule A.
c) Installation.
i. Fibernetics shall use reasonable efforts to deliver and install the High Speed Internet Service by the estimated activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of third party suppliers or providers. Fibernetics does not guarantee that Services shall be delivered and installed by a specific activation date.
ii. Basic installation of the Home Phone and Internet Bundle at the Customer’s location, as detailed at www.worldline.ca, shall be performed by a Fibernetics authorized installer and shall be included in the charges for the Home Phone and Internet Bundle. It is the Customer’s responsibility to provide, prepare and maintain its location for the installation of Fibernetics’ equipment necessary for Fibernetics to provide the Home Phone and Internet Bundle, including ensuring that the Customer’s cabling, internal network and power requirements all meet the minimum network requirements specified by Fibernetics. Such provision, preparation and maintenance shall comply with Fibernetics’ specifications and shall be at the Customer’s expense.
iii. Customers who do not qualify for the free installation shall be responsible for the installation of the Home Phone and Internet Bundle. If the Customer would like a Fibernetics authorized installer to perform the work, it can be arranged, and will be billed directly to the Customer by the Fibernetics authorized installer.
iv. Fibernetics’ standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer’s home to be prepared for installation. The Customer will be responsible to make and pay for any required changes or upgrades.
v. In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Home Phone and Internet Bundle, Fibernetics shall not be liable for any resulting delay in commencing the Home Phone and Internet Bundle or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Fibernetics in order to install or restore the Home Phone and Internet Bundle.
7. Worldline Wireless Services (“Wireless Services”)
7.1. Service Description.
a) The features and rates for the Wireless services can be found at www.worldline.ca. Additional fees not included in the regular monthly fees may apply and shall be listed at www.worldline.ca.
b) Fibernetics does not make any guarantees on the speed of Wireless services. Speeds may vary by region and coverage area. Information about the Wireless services coverage area is available on www.worldline.ca.
7.2 SIM Cards, Data Plans, and Billing.
a) Your Worldline Wireless service plan automatically renews monthly on your billing date and payment will be processed based on your existing pre-authorized payment method and the billing information in your account.
b) If there is a balance owing on your account after the automatic renewal date, your Worldline Wireless service will be immediately suspended. A valid pre-authorized payment method is required to avoid service interruptions. Since Worldline Wireless is a pre-paid service, no data overage fees apply.
c) Changes to your service (excluding cancellations) such as changing your data plan, will be scheduled to take effect on your next billing date. Once your Worldline Wireless service renews, your SIM card will be attached to the new plan. Your current data plan will continue to be active until the end of the billing cycle when the plan change takes effect.
d) Not for resale. The Customer acknowledges that the purchase of Worldline Wireless products and services is for personal use only, and not for resale or distribution of any kind.
7.3 Devices and Equipment.
a) Fibernetics makes no guarantee that Worldline Wireless services will work on every device. Fibernetics is not responsible or able to assist in the unlocking process of your existing device or identifying if a device is currently locked to a carrier. Fibernetics does not guarantee that all hardware, firmware, or software versions of devices will work with Worldline Wireless services.
b) SIM cards require activation through the Self-Serve Portal once they have been received by the end user. SIM cards will not function without activation. SIM cards are provided to the end user strictly for use with Worldline Wireless services and are not to be used for any other purpose. You may only use a SIM card provided by Worldline for Worldline Wireless services. The Customer assumes all responsibility for installing the SIM card and/or any necessary adapters into their device. Fibernetics is not liable for any damages resulting from the installation of a SIM card or adapter.
c) Once a SIM Card has been activated it is locked to the Worldline account to which it was activated. SIM Cards cannot be transferred to any other account thereafter.
d) For use with a device that supports dual SIM cards, the Customer is responsible for ensuring that their device is configured properly. Fibernetics is not responsible for any damages or additional charges from other service providers resulting from use in a dual-sim device.
e) Worldline Wireless is a monthly data-only service and does not support native telephony or native SMS/MMS functionality. You will not be able to use your phone’s default functionality to make or receive phone calls or SMS/MMS messages with this service. To place and receive phone calls on your device, the user may download the Worldline Mobile App. Geographic restrictions apply. Roaming is not available for Worldline Wireless. Coverage is available in most metropolitan areas of Canada.
7.4 Cancellations.
Worldline Wireless is a prepaid service, and monthly renewal of the plan may be cancelled at any time. In the event of cancellation, all services associated with Worldline Wireless will no longer be active. All refunds will be done on a pro-rated basis, which are calculated based on the total data usage within the current billing cycle. Once the plan has been cancelled, the SIM card associated with the plan will no longer be usable. The Customer may terminate Wireless Services by sending an email to simsupport@worldline.ca or by calling 1-855-299-0025. Cancellation will occur on the same day that Worldline is notified by the user. Once a plan has been cancelled, the SIM card associated with that plan cannot be re-activated. A new SIM card will be required to re-activate Worldline Wireless services once a data plan has been cancelled.
7.5 Top Ups.
Top ups are additional data that can be purchased and used within the current billing period. Top ups will expire on the service renewal date. Top ups are specific to the SIM card and data plan and are not transferrable between SIM cards or users.
7.6 Lost or Stolen SIM Cards.
If a SIM card is lost or stolen, please contact Worldline immediately. Worldline will cancel the plan and provide a refund for any unused data. It is the customer’s responsibility to report the lost or stolen SIM card. Worldline will not refund any of the data used prior to the SIM being reported as lost or stolen.
8. Worldline Mobile App
8.19-1-1 Support.
PLEASE READ THE INFORMATION BELOW ABOUT 911 EMERGENCY SERVICE CAREFULLY.
a) By using the Worldline Mobile application, the Customer acknowledges and agrees to all the information below regarding the limitations of using the Software for dialing 9-1-1.
b) The Customer acknowledges and understands that the Software offers a Basic 9-1-1 type service. With the Basic 9-1-1 service, anyone placing a 9-1-1 call from the Software will be routed to an emergency operator (an “Operator”) and will have to provide their specific address/location. Once this information has been successfully provided to the Operator, the Operator will route the call to the appropriate Public Safety Answering Point (PSAP) corresponding to the provided address/location. Further, for Basic 9-1-1 service, the phone number and address designated by the Customer in the Worldline records will be the location information passed on the local PSAP or local emergency dispatcher. Therefore, it is critical that Customer, at time of activation and following any moves or location changes, provide correct and up to date address and contact information to Worldline. 9-1-1 calls originating from an address or location outside of Canada cannot be routed to any PSAP or emergency service by the Operator.
c) Worldline can only support Software provided by Worldline for purposes of 9-1-1 emergency dialing. If a Worldline Mobile user calls 9-1-1, he/she must be prepared to immediately inform the emergency services dispatcher of his/her location or the location of the emergency, if different. Should there be a service outage at the location where the Software is being used, including (but not limited to) power outage, network service outage, or suspension or disconnection of the Software, it may prevent 9-1-1 dialing from working.
d) For technical reasons associated with the possibility of network congestion with the Software there is a possibility that a 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls. For further clarification, when using the Software, the PSAP or local emergency service dispatcher receiving the Customer’s 9-1-1 call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 9-1-1 call. Therefore, users of the Software dialing 9-1-1 must immediately inform the dispatcher of their location (or the location of the emergency, if different). The user must ensure not to disconnect the line, as the dispatcher may not have a phone number to use for call back. If the user is unable to speak and describe the location, the emergency dispatcher may not be able to obtain the location information. If 9-1-1 is dialed and the receiver is then hung up, the call will be disconnected.
e) THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT WORLDLINE WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 9-1-1 USING THE SOFTWARE OR FOR ANY INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE 9-1-1 DIALING CHARACTERISTICS AND LIMITATIONS LISTED HEREIN. THE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WORLDLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUCCESSORS, AFFILIATES, AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO THE CUSTOMER IN CONNECTION WITH MOBILE SERVICES, FROM ANY AND ALL INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, CLAIMS, LOSSES, FINES, PENALTY AND COSTS (INCLUDING SOLICITOR’S FEES) BY, OR ON BEHALF OF, THE CUSTOMER OR ANY THIRD PARTY OR USER OF THE SOFTWARE RELATING IN ANY WAY TO THE FAILURE OR OUTAGE OF THE SOFTWARE RELATED TO 9-1-1 DIALING. CUSTOMER IS ADVISED TO KEEP AN ANALOG LINE FOR SECURITY AND/OR FAX SERVICES. THIS ANALOG LINE SHOULD BE USED AS A BACKUP FOR 9-1-1 IN THE EVENT OF A SERVICE OUTAGE ON THE SOFTWARE. ALL USERS SHOULD BE MADE AWARE OF THE LOCATION OF THE ANALOG PHONE.
8.2 Software.
a) Software license: At the time of subscription, Customer shall be entitled to download and use the Software. Subject to the terms and conditions of the Agreement, Worldline grants to Customer a non-exclusive, non-transferable, revocable, limited license to use the Software. Customer shall have no right to transfer, assign or sublicense the Software.
b) Restrictions on altering the Software or the code in any way
c) Except as otherwise specified in this Schedule , the Customer may not: (i) Modify or create any derivative works of any Software, service or documentation, including translation or localization (code written to published application programming interfaces or APIs); (ii) Sublicense or permit simultaneous use of the Software by more than one user; (iii) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software; (iv) Redistribute, encumber, sell, rent, lease, sublicense, or use the Software in a timesharing or service bureau arrangement, or otherwise transfer the Software or any rights to the Software; (v) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or (vi) Publish any results of benchmark tests run on any Software to a third party without Worldline’s prior written consent.
d) Ownership of Software: All right, title and interest in the copyright, patents and intellectual property rights in the Software or any part thereof remain with Worldline.
8.3 Use of the Service.
a) System Requirements: The Customer is responsible for ensuring that Customer’s device and Internet connection meet the minimum system requirements to run the Software as set out at the Apple or Google Play App Store’s Worldline Mobile application page. If the Customer’s device or Internet connection does not meet these requirements, Worldline is not responsible for any connection difficulties or delays, deficiencies, interruptions or related damages the Customer may have as a result.
b) Installation: The Customer is responsible for the download and installation of the Software.
c) Third Party Software and Downloads: Worldline is not responsible for third party software installed by the Customer which may alter the Software connection, the Customer’s system configuration or which may prevent or alter internet connection, speed, or service or have any other impact on the Software.
d) Worldline is not responsible for any spyware, malware or virus the Customer contracts on its system from using the internet or the World Wide Web.
e) Worldline assumes no responsibility whatsoever for any other software the Customer may run on its device. Worldline assumes no responsibility for any damages that may result from the use of such software.
f) Porting of phone numbers is not supported. The Customer does not have any ownership or rights to the phone number that they are assigned via the Mobile App. Worldline will not allow the port out of phone numbers under any circumstances. Uninstallation and or re-installation of the Mobile App will result in a new phone number being assigned.
8.4 Support.
Worldline will not in any event be held responsible to correct or fix any problems or errors relating to or caused by the installation, configuration or modification of the Customer’s device or system or any components thereof or to incur any costs related thereto.
SCHEDULE A – FEES
In addition to any Fees set out in the Customer Service Subscription, the Customer may be subject to any of the following fees or charges. Additional fees may apply depending on the service selected.
Miscellaneous Fees
| Fee Description | One-Time Fee | Monthly Recurring Fees |
|---|---|---|
| Additional Email Accounts | $10.00 | N/A |
| Annual Network Fee (Long Distance) | $10.00 | N/A |
| Bundle Second Line Canada | N/A | $4.95 |
| Bundle Second Line Canada/USA | N/A | $4.95 |
| Bundle Second Line World | N/A | $14.95 |
| Cable Internet Activation Fee | $49.95 | N/A |
| DSL Internet Activation Fee | $49.95 | N/A |
| Cable Internet & Home Phone Activation Fee | $49.95 | N/A |
| DSL Internet & Home Phone Activation Fee | $49.95 | N/A |
| Reconnection (Move Fee) | $25.00 | N/A |
| Dryloop Fee (DSL Internet) | N/A | $5.00 |
| Long Distance Usage (Digital Home Phone) | N/A | Pay as you go service |
| Installation No-Show | $30.00 | N/A |
| NSF Fee (Non-Sufficient Funds) | $25.00 | N/A |
| Number Activation Fee (Long Distance) | $10.00 | N/A |
| Premium Installation Fee (Internet) | $125.00 | N/A |
| Shipping & Handling (Modem) | $10.00 | N/A |
| Access Fee | N/A | $4.95 |