Residential DSL Service Agreement
1.	By signing for the work as tendered you acknowledge that you are a Customer to Wave II Networks Ltd. and agree to be bound by the terms therein.
2.	This agreement is between the Customer and Wave II Networks Ltd. (Wave II). The rights, duties and obligations cannot be assigned or transferred without the written approval of Wave II.
3.	If the Customer does not own the premises, the Customer warrants that they have consent of the Owner of the premises for Wave II to make the installation and maintenance contemplated by this agreement.
4.	Installation or repair of DSL service may require a site visit by a Bell Canada technician. This agreement presumes the Customer will make necessary arrangements for suitable access to premises.
5.	The Equipment can only be used at the service address and prescribed interface.
6.	The Customer will not disturb, alter, or tamper with Wave II's Equipment. No person other than a Wave II representative shall perform any work other than connection to Customer equipment on Wave II Equipment.
7.	All Equipment, except for Equipment purchased and paid for in full by the Customer will at all times remain the property of Wave II. The Customer shall be liable for the full retail cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by Wave II in obtaining or attempting to obtain possession of any such Equipment, up to a maximum of $600.00 plus applicable taxes. The Customer hereby authorizes Wave II to charge his/her Visa, MasterCard, American Express or other credit card provided by the Customer for any outstanding service or Equipment charges due to Wave II.
8.	It is understood that there are provisions in Canada's criminal Code which refer specifically to "Telecommunications Services", which include the services provided by Internet Service Providers, and unauthorized use of telecommunications services is considered theft.
9.	Unless otherwise specifically provided in this Agreement Wave II will not be liable to the customer or any third party for: any direct or indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of Wave II DSL by the Customer or any other use of the Equipment or Services, including, without limitation, any damages resulting from or arising out of the Customer's reliance on or use of the Equipment or Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or Services; and any losses, claims, damages, expenses, liabilities, or costs(including legal fees) resulting directly or indirectly out of or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Services by the Customer or a third party infringes on copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial property rights or contractual rights of any third party; and the common carrier status of Wave II shall be held paramount. The Customer's sole and exclusive remedies under this agreement are as expressly set out in this agreement.
10.	The Customer hereby grants Wave II and its agents access to the premises at reasonable hours and with reasonable notice to install, inspect, service or remove Wave II's Equipment.
11.	Wave II agrees that it will stand by to maintain its Systems and Equipment to the best of its ability, but assumes no responsibility for interruptions of service due to the following: a) Power failures; b) Cessation of transmission or lack of access to any website or information on the Internet; c) Cessation of transmission or lack of access due to failure of any other NOC or NAP; d) Federal and/or Provincial regulations which may restrict, alter or otherwise eliminate certain kinds of content or information; e) Acts of God, including floods, storms, tornadoes, ice, wind, lightning accidents and atmospheric conditions; f) Any other cause reasonable beyond the control of Wave II.
12.	Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Wave II facilities, Wave II's liability is limited to a credit to the customer's account, on request, proportionate to the length of time the problem existed. Except for interruptions due to events of force majeure, the Customer shall be entitled, in such cases, to a credit, provided that; a) Wave II is notified by the Customer; b) The omission, interruption, delay, error or defect lasted at least forty-eight (48) continuous hours following the notification; c) A written request for credit is filed by the Customer with Wave II within thirty (30) days of such notification.
13.	Wave II subscriber accounts are due and payable monthly in advance. Overdue accounts are subject to late payment administrative charges and any payment received shall be first applied to the oldest outstanding charges. Charges for NSF cheques or returned pre-authorized payments will apply.
14.	Wave II subscriber accounts on residential phone circuits are entitled to a combined upload and download data volume of 25 Gigabytes per month. Overages will be charged at a rate of $8.00 per Gigabyte, billed per 100 Megabyte increment. Overages will be invoiced monthly, terms net 0 (due upon receipt). Failure to pay overages may result in suspension of services.
15.	The Customer's failure to make payment when due may result in service disruption. Accounts more than sixty (60) days overdue will be disconnected or suspended. After a disconnect or suspension of services is ordered, continuance or reconnection of service will require full payment of arrears, by cash, credit card or certified cheque, and payment for both labour and administration costs in the form of a reconnection fee.
16.	The Customer agrees to subscribe to Wave II services for a term of no less than one (1) year. Wave II will notify the Customer by mail at such time as renewal of this agreement is necessary. Until such time as a renewal is signed and returned all conditions of the previous contract will remain binding. In the event of a late return of a renewal of the DSL agreement, Wave II may suspend services.
17.	The customer may terminate this agreement at anytime with sixty (60) days written notice. Termination of this agreement by the customer at any time shall result in a termination penalty of two (2) months billable service, or the remainder of the aggregate monthly services of this agreement, whichever is least, payable immediately to Wave II upon receipt of written cancellation by Wave II or its agents.
18.	The customer agrees to Special Conditions outlined in Appendix A and to Services and fees outlined in Appendix B to their respective agreement (dependent upon plan selected).
19.	Wave II agrees to a goal of 99.994% availability of service, excluding scheduled outages for maintenance or repairs. Liability is limited as stated in sections 11 and 12 of this agreement.
20.	Wave II agrees to a goal of limiting system outages to a maximum of two (2) business days from the time of notification of any omissions, interruptions, delays, errors or defects in transmission, or failures or defects. Liability is limited as stated in sections 11 and 12 of this agreement.
21.	Speeds as quoted are not guaranteed by Wave II. ADSL speeds as quoted are best estimate averages and may vary depending on distance, quality of infrastructure or unforeseen load. Actual upload and download speeds will be measured at installation and may vary positively or negatively from the best estimate averages.
22.	Wave II will provide twenty-four (24) hour monitoring of systems.
23.	Wave II will provide technical support to direct subscribers as per current published support desk hours.
24.	If any section, provision or part of this agreement is held to be unenforceable, invalid or illegal, then it shall be severed and deemed to be deleted and the remaining sections, provisions or parts shall remain valid and binding.
25.	No waiver of any the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
26.	Time is of the essence in this agreement.
G.S.T. is additional to all prices. Installation charge and first month's service due in advance. Hardware invoice (DSL sharing device) due upon receipt (date of installation), if applicable. All billings for Wave II services are done in advance, due upon receipt. HardSoft Systems Service Rates as of date signed below: Regular service $95.00 per hour, Emergency service $150.00 per hour.