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WISP Internet Services Inc. (“WISP”, “we” or “us”) is pleased to provide the Services (as defined below) to you, the customer named in the Critical Information Summary (“you” or “customer”), on the terms in this agreement (the “Agreement”), which consists of:
- a summary setting out critical information about what you are signing up for (“Critical Information Summary”),
- the Internet use policy setting out the policies, rules, and limits regarding your use of the Services (“Internet Use Policy”) (the most current version of which may be found at www.wisponline.ca/legal/WISP-internet-use-policy)
BY RESPONDING THAT YOU ACCEPT THE TERMS AND CONDITIONS OR BY USING THE SERVICES OR THE WISP EQUIPMENT, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICES OR THE WISP EQUIPMENT.
The Services are also subject to the following policies, each as may be changed from time to time (the “Policies”):
- the 30 day Money Back Guarantee (the most current version of which may be found at www.wisponline.ca/legal/about-WISPs-30-day-money-back-guarantee);
- the Service & Warranty Policy (the most current version of which may be found at www.wisponline.ca/legal/service-warranty);
- any other policies of WISP that you are made aware of by us from time to time.
- Commitment Period means the number of months remaining in your committed contractual term, which is outlined in your monthly invoice, or as set out in the Critical Information Summary.
- Fees means all fees or other amounts payable under this Agreement, including the minimum monthly charges for Services, equipment rental fees, and one-time fees and charges such as installation fees set out in the Critical Information Summary, as well as the additional fees described in question 28, interest charges payable for overdue accounts, and all applicable taxes.
- Plan means a particular combination or package of Service(s) offered by WISP from time to time, including the service characteristics (such as speed and data allowance), the price, and any applicable promotions.
- Services means the services that WISP offers such as Internet Access service, Wi-Fi Router service, and other services which are described in more detail below in question 1, and includes any related installation services, de-installation services, maintenance services, repair services, and technical and billing assistance services performed by WISP.
- WISP Equipment means the equipment WISP provides, that is used for providing the Services, as described in more detail in question 16.
- What does this Agreement cover?
This Agreement is for the telecommunications and related services described in the Critical Information Summary that you have ordered from WISP, which may include each of the following services and any other associated services that WISP may offer from time to time:
- Internet Access: Internet access service that provides you with a connection to the public Internet from a fixed location, such as your home
- Home Phone: Home Phone service provides you with an IP-based telephony voice communications service that includes a telephone number and both local and long distance calling capabilities
- Rental Program: the WISP Rental Program is a monthly service that covers potential labour costs for any technician who is sent by WISP to repair the WISP Equipment during the term of the WISP Rental Program
- Static IP: Static IP services provides you with a public, persistent Internet Protocol address to be used for accessing the Internet through WISP Internet Access Service
- E-mail: Email Service provides you with an email account with a WISP domain during the term of your Internet Access Service with WISP
- TV Service: TV Service that provides you with home Television services for the duration of your WISP TV Subscription
This Agreement also applies to any devices, equipment or software provided by WISP in association with the Services, including the WISP Equipment (as defined below in question 16).
- How can I obtain a copy of this Agreement?
A copy of this agreement should have been provided at the time of your sign up in your welcome E-mail. If for any reason you do not have a copy of this agreement and would like to obtain one, you can do so by reaching out to a WISP representative at 1-877-955-9477 or by e-mail at Agreement@wisponline.ca.
- Is this Agreement available in an alternative format?
You can request alternative formats of this Agreement and find out more information about WISP’s accessibility services at www.wisponline.ca/contact-us/ or by contacting us using one of the following options:
- Email our support team using firstname.lastname@example.org .
- Call us at 1-877-955-9477
- When does my Agreement take effect?
Your Agreement begins on acceptance of this Agreement and will continue for your Commitment Period. Upon expiry of the Commitment Period, or if the Commitment Period in the Critical Information Summary indicates “month to month”, WISP will continue to provide the Services to you on the same Plan (or on a similar Plan if we no longer offer the same Plan) and the Commitment Period of this Agreement will be automatically renewed from month to month. WISP will notify you at least 90 days prior to the expiry of the Commitment Period of your Agreement, unless you are on a month-to-month Commitment Period.
Changes to your Services that you request (as described in question 5) or discounts or promotional offers (as described in question 34) may require your agreement to a new or different Commitment Period. In such a case, the new Commitment Period will begin when the change, discount, or promotional offer takes effect and will last for the revised period to which you agree.
- Can WISP make changes to this Agreement?
Yes. We may change, add or remove portions of the Agreement that are not key terms, at any time by giving you at least 30 days prior written notice of the change. Similarly, we can modify, add or remove the features of your Services, by giving you at least 30 days written notice. We will notify you of any such changes by email, bill message, newsletter, facebook post, or other means. The notice will clearly identify the change and provide the effective date. Continued use of the Service following notice of the changes confirms that you expressly agree to and accept the Agreement as amended. If you do not agree to the changes, you should stop using the Services and notify us that you are cancelling the Agreement (as set out below in question 37) within 30 days after receiving the notice.
We may change, add or remove portions of the Agreement that are key terms during the Commitment Period only with your informed and express consent or if the change is clearly for your benefit, by reducing the rate for a service or increasing the speed applicable to a Service. If your Commitment Period is month to month, we may change, add or remove portions of the Agreement that are key terms if we provide you with 60 days’ notice.
Key terms of your Plan are the applicable minimum monthly charges and any discounts or promotions and the period during which they apply, the described speed, the Commitment Period, any applicable installation fees, the rental charges for the WISP Equipment, and the early cancellation fee.
The facilities used to provide the Services may change from time to time. If there is a change in Internet facilities, WISP may need to realign or relocate your receiving antenna in order to continue providing the Services.
Certain Services are regulated by the Canadian Radio-television and Telecommunications Commission (the “CRTC”). This Agreement may be changed as necessary to comply with any new or modified regulations, directions, or orders of the CRTC.
Note that individual WISP personnel, such as sales, technicians, or Customer Care representatives are not authorized to change, modify, or amend this Agreement unless specifically approved in writing by WISP, and you may not rely on any such unapproved change, modification or amendment.
- Can I change my Services?
You may change the Plan for your Services at any time by contacting WISP at 1-877-955-9477 or, by e-mail at email@example.com . We would be happy to help you. You may only be able to change to a Plan that is currently available and any Plan you remove may no longer be available for the price that you currently pay. You will be informed of the key terms (as described above in question ) that would apply to the new Plan, including the new price and any new Commitment Period that may apply. Changes to your Plan, including changes to individual features, may not take effect until the start of your next billing period. Where the change is to upgrade to a higher tier Plan, we may (in our discretion) apply the change immediately.
- How does WISP protect my personal information?
You have a role in protecting your privacy and personal information. You are responsible ensuring and maintaining the security and privacy of your property, and protecting yourself against any breaches of privacy, confidentiality, or security, or any other risks relating to the use or receipt of the Services or the WISP Equipment.
Use of Services
- Are there any rules on my use of the Services?
Yes. The Services must be used respectfully, responsibly and in accordance with the Internet Use Policy, [available at www.wisponline.ca/legal/WISP-internet-use-policy. Any abuse or misuse of the Services, Equipment or our networks is a serious matter and can result in our termination of your Agreement with WISP and may lead to criminal or civil liability.
- Are there any limits on the Services?
The speed of your Plan is described in the Critical Information Summary. Further information is available at www.wisponline.ca/packages.
All of the Services, including any Services described as “unlimited”, are subject at all times to our Internet Traffic Management Policies, described in question 11.
- Does WISP offer unlimited Services?
All of WISP’s Internet Services include unlimited usage. The term “unlimited” refers to a specific attribute of those Services that is not restricted; other attributes of the Service are still subject to limitations. For example, all of our Internet plans a speed restriction. Please review the Critical Information Summary to determine any restrictions that may apply to your Services.
- Are Service speeds guaranteed?
WISP provides the Services on a “reasonable efforts” basis and does not guarantee upload or download speeds or other performance. WISP does not guarantee a specific speed to customers when navigating particular sites. There are numerous factors that affect Internet speed and performance, including but not limited to your location, weather, Internet traffic, your router capability, the specific technical configuration, capabilities and status of Customer Equipment, software (including firewalls, procedures for optimization, antivirus analysis, backup, Virtual Private Networks, etc.), and other factors beyond WISP’s control.
- Are the Services suitable for safety-critical applications?
No, the Services are intended for residential, home office or small business use. The Services are not fault-tolerant and are not designed or intended for use in or in conjunction with safety-critical systems including on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. WISP specifically disclaims any express or implied representations, warranties, conditions, or guarantees for such uses.
- Am I responsible for content that I transmit using the Services?
Yes. When using the Services, you must respect the rights of others. You are responsible for ensuring that you have the rights to any content that you copy, post, upload, download, access, store, transmit or communicate to others using the Services including data, documents, videos, music, photos, etc. (“Your Content”). You may not use the Service for a purpose or in a manner that is contrary to our polices, including our Internet Use Policy, or any laws or rights including, without limitation, in violation of any copyright, patent, trade-mark, trade secret, confidentiality or other intellectual property or moral, publicity, personality, proprietary, contractual or privacy right of any person or any defamation, unfair competition, criminal or obscenity laws applicable to any content or information transmitted using the Services (including, without limitation, the Criminal Code of Canada).
Neither WISP nor any of its affiliates attempt to censor the use of the Service and except as provided in this Agreement (including in the Internet Use Policy) or as required by law, have no control over such use. As the user of the Service, you assume total responsibility and risk for access to or use of Your Content and for your use of the Service and the use of those who you allow to use the Service.
- Are there security deposit or credit requirements to use the Services?
WISP may, at any time, by notice to you, require that you provide us with a security deposit on such terms as are determined in our sole discretion. Except as required by applicable law, we will not pay interest to you on any security deposit we hold. Upon termination of the Services, we will apply the security deposit against the outstanding balance on your account and, if any amount remains, refund that amount to you.
- What do I need to have to connect to the Services?
Minimum and recommended system requirements for computer systems to use the Services are described on our website at www.wisponline.ca/system-requirements. In addition, if you want to connect more than a single device you will also need a router.
We may change the minimum requirements for your equipment to use the Services (“Customer Equipment”), in which case you may need to update or replace Customer Equipment.
If Customer Equipment does not meet the recommended minimum computer requirements or has not been updated to do so, Customer Equipment may not be adequate to access or use the Services and your only remedy is to cancel the affected Services. We will not be able to offer you customer support for any issues other than the quality of the signal delivered to the WISP Equipment. WISP does not represent, warrant or guarantee that the Services will be compatible with all system configurations.
- What equipment does WISP provide?
WISP provides equipment, such as an antenna, or other customer premise equipment required to receive the Services. You will find more information about the installation process on our website at www.wisponline.ca/what-to-expect-during-your-internet-installation-appointment/. In this Agreement, any equipment you receive from WISP is called “WISP Equipment”. WISP Equipment will be provided by the WISP technician at the time of installation.
WISP is the owner of and retains title to the WISP Equipment unless you have Purchased this equipment from WISP at the time of your installation. Other trade-marks and proprietary marks on the WISP Equipment are and will remain the property of the manufacturer. You will not do anything to infringe upon, harm or contest the validity of the trade-marks or other marks on the WISP Equipment. You will provide us with your landlord’s consent to the attachment of the WISP Equipment, if necessary.
We may replace, upgrade or modify the WISP Equipment required for the use of Services, or migrate your Services to other technologies or platforms unless you Purchased this equipment from WISP at the time of your installation, in which case we may modify the settings of the WISP Equipment as required for the use of Services.
- Who is responsible for the Equipment I need to use the Services?
You are responsible for Customer Equipment, for example, your computer or telephone, and any WISP Equipment you use with the Services (together, “Equipment”) and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any WISP Equipment and maintain it in good working condition following the manufacturer’s recommendations.
- How can I use the WISP Equipment?
You may only use the WISP Equipment as required to receive the Services in accordance with this Agreement.
- Can I move or modify the WISP Equipment?
No. You must not move, alter or disturb any WISP Equipment used for Internet Access Services that has been installed at the location shown on the Critical Information Summary or associated wiring or power supply because it might impact provision of the Services. Additional Fees may apply if any repair or restoration is required as a result of changes to any disturbance of WISP Equipment.
The WISP Equipment for all Services cannot be moved to a different address without our advance written permission. If you want to change the location where you receive the Services, please contact us at 1-877-955-9477. If we are unable or unwilling to provide the Services to you at the new location, you will remain responsible for all Fees payable under this Agreement for the full Term, unless you cancel the Services as described in question 37.
- When and how do I return the WISP Equipment?
In the event of cancellation, a WISP contractor or technician will remove the WISP owned Equipment. The Customer, may at their option, remove and return the WISP owned Equipment, in proper working condition. An appointment to return The Equipment must be scheduled with WISP prior to returning the Equipment, and must be returned to the address provided by WISP at the time this appointment is scheduled.
- What happens if I fail to return the WISP Equipment?
In the event the Equipment is not returned within fifteen (15) days following service cancellation WISP may at its sole discretion, remove and repossess the Equipment itself. If for any reason WISP is unable to recover the Equipment, WISP may at it’s sole discretion charge the Customer for the replacement value of the Equipment. WISP may at any time repossess its Equipment from Customer premises and Customer hereby consents to WISP entry upon Customer’s premises for such purposes.
- Can this Agreement be transferred or assigned?
This Agreement is personal to you and you cannot sell, transfer, assign or sublease this Agreement. We may sell, assign or transfer this Agreement. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now.
- What terms apply to software supplied by WISP?
WISP grants you a limited, non-exclusive, non-transferable and non-assignable license to use the WISP software (including software from third-party vendors) included with and as embedded in or as part of the WISP Equipment, associated documentation (if any) and any updates to the foregoing (“Licensed Programs”) provided for your Services. You may use the Licensed Programs solely in conjunction with the Services and for no other purpose. We may modify, upgrade, or remove the Licensed Programs at any time, for any reason, without providing notice to you. The Licensed Programs are confidential and proprietary information of WISP and our licensors and embody trade secrets and intellectual property protected under Canadian copyright laws and other laws. All right, title and interest in the Licensed Programs, including associated intellectual property rights are and will remain with WISP and our licensors. You must not translate, decompile, reverse-engineer, distribute, remarket, disassemble or otherwise dispose of, thereof or make any other unauthorized use of the Licensed Programs or any part of the Licensed Programs.
Other licence terms (which may include third party licence terms) may apply to other software offered or provided by WISP from time to time.
Installation, Support and Service Calls
- How does Installation work?
The outdoor WISP Equipment for the Internet Access Services is highly sophisticated and the installation and pointing specifications for the antenna are very stringent. A professional certified WISP technician must install the WISP Equipment for Internet Access Service. Customers are responsible for all costs and scheduling associated with the installation. You can find more information about the installation process on our website under any of our package pages, or by contacting WISP at 1-877-955-9477.
You will be responsible for any fees associated with your installation. WISP is not required to perform any other installation or related service unless agreed to in writing between the parties. You give WISP or its WISP technicians permission to access and enter your premises to install, maintain, repair, inspect, update, remove, and otherwise to deal with the Equipment as necessary for us to provide the Services and exercise our rights under the Agreement.
WISP will not perform installation services where it considers it unsafe to do so.
Certain indoor equipment may be available for self installation. Should you choose to install this equipment yourself rather then choosing to have it installed by a professional WISP Installer, you are responsible for and assume all risks and liability associated with installation and use, including any deviation from any recommendation we provide on the set-up and use of the WISP Equipment that you install.
- What happens if the WISP Equipment or the Services do not work properly?
If your Services are disrupted because the WISP Equipment is not working, other than as a result of a power disruption, please call us at 1-877-955-9477. WISP will make reasonable efforts to repair or replace defective WISP Equipment.
During the first year of purchasing your Equipment, should this equipment cease to function properly, WISP will replace it free of charge, but we may charge you for the labour associated with fixing or repairing Equipment, in which case we will advise you of any applicable fees and obtain your consent before scheduling a service visit. Despite the foregoing, if WISP determines that you damaged the WISP Equipment, we may charge you the Equipment Replacement Cost.
After the first year, you will be responsible for the replacement value of the WISP Equipment itself, and we may also charge you for the labour associated with fixing or repairing Equipment, in which case we will advise you of any applicable fees and obtain your consent before scheduling a service visit.
If you are a member of the WISP Rental Program, all such equipment and labor costs are waived as outlined in the subsequent sections.
Service visits will be scheduled to take place within on a specific day. You must ensure that a person over the age of 18 is present during this period. If you need to cancel or reschedule a service visit, please contact us at 1-877-955-9477 at least 24 hours before your appointment. Failure to do so may result in an $85 appointment cancellation fee.
In certain circumstances, WISP may, but is not obligated to, offer a non-refundable service credit to be applied against your current account balance. Any such service credit is offered at WISP’s sole discretion, and without any admission of liability.
- Is the Rental Program available for service issues?
WISP Rental Program is an optional Service that provides extended coverage for the cost of labour and the WISP Equipment in the event of a service issue at your location.
If you have purchased the WISP Rental Program, you will not be charged for any labour costs associated with fixing or replacing the WISP Equipment used to provide your Services so long as you continue to pay your monthly rental fees, unless the damage was willfully caused to the WISP Equipment, either by yourself, other individuals, or pets.
The monthly fee (excluding any applicable discounts) for the Rental Program is payable immediately on commencement of such coverage period and is non-refundable. The ongoing monthly fees for WISP’s Rental Program will be invoiced and is due monthly. You may not terminate the WISP Rental Program without either canceling your WISP Services, or purchasing your WISP Equipment. To purchase your WISP Equipment and cancel your WISP Rental Program, please call WISP Customer Support at 1-877-955-9477.
- What other technical support does WISP provide?
If you require technical support for your Services, WISP is proud to offer services during our regular office hours as outlined at wisponline.ca/contact-us/. Please contact WISP for technical support for your Services at 1-877-955-9477. You agree that WISP (including any third-party service providers engaged by WISP) may, at your request, access, take control of, modify and replace any Equipment, remotely or in person, including installing and de-installing certain software, to provide you with technical support. You will also find self-help and troubleshooting information on our website at wisponline.ca/help-support/. Our technical assistance applies to WISP Services and WISP Equipment only.
Billing & Payment
- What fees apply?
After the start date of your Services, you agree to pay us the applicable monthly fees for the Service, applicable installation charges, rental charges for the Equipment, and other fees, as indicated on your Critical Information Summary, plus all applicable taxes.
Additional fees may apply in particular circumstances. These fees, and the circumstances in which they apply, are set out in the table below. You agree to pay any such additional fees if they apply, plus all applicable taxes.
|Late Payment Charge||5% of balance owing – calculated 15 days after invoice date|
|Reactivation Fee (account suspended for non-payment)||$85|
|Non-Sufficient Funds (NSF)/Returned Payment/Pre-Authorized Payment Denial||$45|
|Equipment Rental Fee||$15|
|Early Cancellation Charge (1-year fixed term)||All remaining service fees|
|Early Cancellation Charge (2-year fixed term)||All remaining service fees|
|Equipment Replacement Cost||Amount|
|WISP Home Phone Box||$100|
All Fees are specified in Canadian dollars.
- How will I be billed for Services?
You will be billed monthly in advance for your monthly recurring charges and in arrears for all other Fees. All charges and Fees will appear on your monthly invoice (also called a “bill”).
We will make your bill available to you via e-mail to the billing e-mail address associated with your account. It is your responsibility to check the applicable e-mail account on a regular basis for such invoices.
- How can I pay my bill?
All WISP services are billed on a preauthorized basis. You authorize WISP to charge the applicable Fees to the applicable bank account or credit card you provided at the time of signup. The automatic billing will be made each month in advance for monthly recurring charges and in arrears for all other Fees. We are not responsible for any fees for overdrawn accounts, exceeding credit card limits, or similar expenses resulting from automatic billing.
- What if I do not pay my bill on time?
You must pay all amounts set out in such invoices by no later than the payment due date set out in your invoice. If WISP does not receive payment in full for all amounts owing on your bill by the due date, the unpaid amount will be subject to a late payment charge of 5% of the outstanding balance. (which is the equivalent to 60% per year). All WISP Services are prepaid, and WISP is not a bank. These Late payment charges are in place to discourage delinquent accounts. Please be aware that WISP provides a grace period of 15 days after your due date before these late fees are charged, to allow time for any issues to be addressed. Should the account remain unpaid for 30 days, WISP may at it’s discretion, suspend or terminate your services in which case you may be subject to reactivation or cancellation fees as outlined in your Critical Information Summary.
Delinquent accounts and associated Services may be suspended or cancelled, if:
- the outstanding amount exceeds $500;
- any amount is more than 30 days overdue;
- you fail to provide or maintain a security deposit that we require you to provide; or
- you fail to comply with any deferred payment plan we have agreed to in writing with you.
However, all Fees will continue to accrue until the account is paid or cancelled. You will be given written notice of any applicable reconnection charges at the time the Services are suspended.
- What if I have a concern about a Fee?
If you have questions regarding your account or your bill, you should contact our Customer Care Centre at 1-877-955-9477. You have 30 days from the bill date to dispute any Fee on your bill. All invoiced amounts are considered valid unless disputed within 30 days of the bill date. Adjustments will not be made for amounts that are more than 60 days old. After that time, you agree that all Fees on your bill are final and you can no longer dispute them.
- How do I correct a payment error?
Please contact us at 877-955-9477 if you feel a payment has been taken in error.
- How do discounts or promotions work?
WISP may offer limited time discounts, incentives, and promotional offers from time to time to customers who subscribe to our Services. These may include free or discounted installation fees, reduced monthly service charges, or other promotional incentives. Promotional discounts set out in your Critical Information Summary will apply for the period indicated.
WISP will apply any discounts, incentives or promotions to your account during the time these discounts, incentives or promotions remain in effect and you meet the applicable eligibility requirements (including, maintaining your Services without interruption). Discounts, incentives, and promotions will not be applied retroactively and may take more than one billing cycle to be applied.
- What if my billing information changes?
You must provide us with accurate and complete billing information including your legal name, address, telephone number, and credit card/billing information and report all changes to this information within 30 days of the change to WISP Customer Care Centre at 1-877-955-9477.
Trial Period and Ending your Agreement
- Is there a Trial Period for Internet Access Services?
Yes. WISP provides you with a 30-day Money-Back Guarantee for its Internet Access Service, details of which can be found at wisponline.ca/money-back-guarantee/. This guarantee is not to be used for the purposes of buyers remorse, and is instead intended to allow clients a safe and secure environment to move forward with the purchase of our services when they have had poor experiences in the past with other ISP’s and as a result are concerned about WISP’s ability to deliver our services as promised.
To cancel your Internet Access Service, contact WISP’s Customer Care Centre at 1-877-955-9477. Provided you return all your rented WISP Equipment to WISP in good condition, or arrange for WISP to collect this equipment ourselves, no early cancellation fee will apply and we will refund the amounts you paid to WISP towards the cost of the Installation. This does not include any fees paid towards monthly service fees. Any costs charged for third-party equipment such as home networking, or security cameras will not be eligible for a refund.
- How do I cancel my Services?
Although we would be sorry to see you leave, you may cancel this Agreement at any time by calling the WISP Customer Care Centre at 1-877-955-9477. Except during the Trial Period (see question 36 for more information about the Trial Period), all outstanding amounts owing, including any overdue amounts, as well as any applicable early cancellation fee (see question 43 for more information about early cancellation fees), will be payable in full upon cancellation.
You may have other rights to cancel your Services that are provided by law. This Agreement does not limit those rights.
WISP Equipment must be returned in good condition (reasonable and normal wear and tear excepted) within 30 days from the cancellation of your Services. See questions 20 to 22 for more information on the return of WISP Equipment.
- Can I temporarily suspend my Services?
Yes. Please call the WISP Customer Care Centre at 1-877-955-9477 to request a seasonal or other temporary suspension that is more than 4 weeks and less than 6 months. You will not be billed for the suspended Services while they are suspended, and the time will not count against your Commitment Period for those Services. The end date of your Commitment Period will be extended by the same time period. A monthly Fee (as set out in question 28) will be payable during each month that your Internet Access Service is temporarily suspended.
- Can WISP suspend or disconnect my Services with notice?
To the extent permitted by applicable law, WISP can cancel any Service or this Agreement upon a minimum of 30 days prior written notice to you, including where WISP ceases to offer a Service to which you subscribe.
Additionally, WISP may suspend or disconnect any Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $500, or has been past due for more than 30 days; (b) you fail to maintain any security deposit we require; (c) you have previously agreed to a deferred payment plan with WISP and you fail to comply with its terms; or (d) WISP reasonably believes there has been a violation of this Agreement or any applicable law, regulation, order or policy.
You will be provided with a minimum of 7 days’ notice prior to any suspension or disconnection in these circumstances, and that notice will let you know (i) the reason for the suspension or disconnection and the amount owing, if any; (ii) the scheduled suspension or disconnection date; (iii) information on the availability (or not) of deferred payment plans; (iv) the amount of the reconnection charge (if applicable); and (v) contact information for a WISP representative who can speak with you about the suspension or disconnection. WISP will attempt to notify you at least 24 hours in advance of your scheduled suspension or disconnection unless repeated attempts to contact you have failed. Suspension or disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case suspension or disconnection may not occur after noon).
- Can WISP suspend or disconnect my Services without notice?
WISP can without notice and for cause, suspend, cancel or refuse to provide the Services, or any part of the Services, to you. Cause includes where: (a) WISP reasonably believes that such action is required to protect the network from harm; (b) WISP has a reasonable suspicion that fraud has occurred or is likely to occur; or (c) a pre-set spending limit that you have requested or been made aware of is reached. WISP may also suspend or disconnect Services without notice where it is required by law to do so.
- Can WISP cease to provide an existing Service?
WISP may discontinue a Service in the event that the underlying telecommunications facilities used to provide the Service including, where applicable, any terrestrial technology, reaches the end of its useful life, fails in whole or in part, or otherwise becomes unavailable or unusable, or WISP otherwise becomes unable to continue to provide the Service for any reason outside of WISP’s control. WISP will make reasonable efforts to: (i) provide at least 60 days’ advance notice to affected customers (or, where WISP is unable to provide 60 days’ notice, as much notice as it can reasonably provide in the circumstances) and; (ii) assist the affected customers in migrating to an alternative Service for the balance of their applicable Commitment Period. However, in the event that you choose not to accept a replacement Service or no replacement Service is available at your service location (for example, because of a change in the geographic coverage area), your sole remedy and WISP’s sole responsibility will be to terminate this Agreement without any applicable early cancellation fee.
- Will I be charged a cancellation fee if WISP disconnects my Service?
If WISP cancels your Services for any reason, all outstanding amounts owing, including any overdue amounts will be payable in full. This will include, as applicable, any unpaid amounts from previous bills or fees for WISP Rental Program, and may include the Replacement Cost of any WISP Equipment that is not returned in good condition, as described above in question 28. However no other cancellation fee will apply, unless WISP terminates your service for non-payment.
- Will I be charged a cancellation fee if I cancel my Service?
Except where the 30-Day Money-Back Guarantee applies, if you wish to terminate your Services prior to the expiration of the Commitment Period set out on your Critical Information Summary, in addition to all other unpaid amounts owing to us at the time of the cancellation (including, as applicable, any unpaid amounts from previous bills or fees for the WISP Rental Program), you must pay an early cancellation fee equal to 100 percent of the total monthly revenue for the terminated Services multiplied by the number of months and any portions thereof remaining in the Commitment Period.
For example, if you had a two year Commitment Period and you terminated your subscription 7 months and 3 days after your Services began, the applicable early cancellation fee would be as follows. Your monthly bill amount x 17 – (your monthly bill amount / 30 x 3) = Your early cancellation fee.
- What if I have a credit balance on my final bill?
If an account has a positive balance as a result of credits or promo’s provided by WISP, no refund will be provided. If an account has a positive balance of greater than $5 at the time of the final bill as the result of a billing error, WISP will refund the amount of the balance to you within 90 days of the date of that bill.
- Does any part of this Agreement continue after cancellation or termination of my Services?
Rights and obligations which by their nature continue beyond termination will continue to survive and remain in effect after the Services and this Agreement have been cancelled, including, but not limited to, Sections 20 to 22 (Equipment Returns), Sections 28 to 35 (Billing & Payment), Sections 46 to 49 (Disclaimer & Limitation of Liability) and this Section 45.
Disclaimer & Limitation of Liability
- How does WISP limit its liability?
To the extent permitted by applicable law, and subject to the exclusions of liability described below in question 47, WISP’s aggregate liability for any and all claims including liability for breach of contract, tort, negligence or other causes of action, arising from or relating to this Agreement (including the Policies), the WISP Equipment, or the Services, including fundamental breach, is limited to actual damages to a maximum amount of the greater of $250 or the Fees paid by you to WISP for your most recent bill. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by WISP’s gross negligence.
- Are there any circumstances when WISP has no liability at all?
The Services and WISP Equipment are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, WISP makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, or those arising under statute or by custom, usage or trade, with respect to any Services including that (i) communications will be private or secure, (ii) the Services will be uninterrupted, error-free, or free of viruses or other harmful components, (iii) any data or files transmitted by or to you will be transmitted in uncorrupted form or within a reasonable period of time, and all such terms including any of which are collateral, are hereby disclaimed.
WISP is not liable for any indirect, special, consequential, incidental, economic, exemplary or punitive damages, loss of business, loss of profit, loss of revenue, loss of data, costs of cover, or loss of goodwill, whatsoever or however caused.
WISP is not responsible for and disclaims liability for any claims, damages, losses or expenses arising out of, directly or indirectly, or otherwise relating to: (A) the WISP Equipment or the use, operation, non-operation, ownership or maintenance of the WISP Equipment; (B) the unavailability of any Services (including any Service outage or disruption), even where such unavailability occurs after activation of the Services; (C) your reliance on or use of the WISP Equipment or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the WISP Equipment or Services; (D) the unlawful use of the WISP Equipment or Services by you or a third party; (E) distribution of any content by you or any third party; (F) third parties accessing your devices, security breaches, cyber-attacks, malware, or ransomware, eavesdropping, denial of service attacks, interception of traffic sent or received using the Services; or (G) WISP’s failure to meet its obligations due to causes beyond its reasonable control, including (i) war, terrorism, civil insurrection, riots, or imposition of martial law, (ii) pandemics, quarantines or other public health events, (iii) work stoppages, labour disputes or strikes (including those involving us, our affiliates and other telecommunications carriers); (iv) law, order, regulation or direction of any government; (v) failure of the public power grid; (vi) the act or omission of a telecommunications carrier whose network is used in establishing connection to provide the Services; (vii) acts of nature, severe weather conditions, storms, fire, flood, rainstorms, or anomalies in space; (viii) loss of, damage to, or disruption (including changes to capacity or geographical coverage) of any telecommunications facilities, including the facilities of a telecommunications carrier whose network is used in establishing connection to provide the Services; or (ix) other force majeure events.
- What happens if the Agreement or parts of the Agreement become unenforceable or do not apply?
If any part of this Agreement becomes prohibited or unenforceable, the remaining parts will continue to apply to you and WISP. If we do not enforce any part of this Agreement for any period of time, that part still remains valid and WISP can enforce it in the future.
- What laws apply to this Agreement and where will disputes be resolved?
Telecommunications are federally regulated. This Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission’s Internet Code, and any provincial laws (or portions thereof) which may apply to WISP or the Services in the province in which your Services are primarily provided. To the extent not precluded by applicable law, you agree that no dispute between you and WISP, or involving any person but you, may be joined or combined together, without the prior written consent of WISP, including in any class proceedings.
- Is this Agreement available in French?
No. At this time WISP does not have any French speaking staff.
- What if I have a concern that WISP has not resolved?
Please view our complaints procedure at https://wisponline.ca/complaints-procedure/