Terms and conditions

PART A: DEFINITIONS

MEKTEL: designates the company MEKTEL INC, a company registered in Quebec and which offers high-speed Internet services, IP telephony service and certain other value-added services. Client: refers to the beneficiary of MEKTEL’s services, it may be a natural person, a physical or moral organization that uses MEKTEL’s services for personal or commercial purposes. Customer is responsible for paying any fees relating to the Services provided under this Service Agreement and is entitled to receive any notices or information relating to this Service Agreement or the Services. The Customer agrees to provide accurate information on his identity, the location of the service as well as the Service Agreement: means the service agreement in force between MEKTEL and the Customer, which is subject to change and which includes, in particular, these Terms and any other document or form that MEKTEL may designate, from time to time, as part of the Service Agreement. The Customer agrees to provide accurate information on his identity, the location of the service as well as the Service Agreement: means the service agreement in force between MEKTEL and the Customer, which is subject to change and which includes, in particular, these Terms and any other document or form that MEKTEL may designate, from time to time, as part of the Service Agreement. Equipment: the equipment or software provided, loaned, rented or sold to the Customer by MEKTEL, as the case may be, such as, without limitation, digital terminals, cable modems, etc. Services: means the services offered by MEKTEL to its Customers. By using the Services provided by MEKTEL, the Customer expressly agrees to be bound by the terms of this Service Agreement. If Customer does not agree to the terms of this Service Agreement, Customer may terminate it in accordance with the termination provisions herein and must cease using the Services. Customer will be responsible for ensuring that the Services are used in accordance with this Service Agreement. Contract: This service agreement constitutes the contract between MEKTEL and the Customer who benefits from its services. Customer acknowledges and agrees that these terms and conditions may be amended from time to time by MEKTEL without notice. A current version of these Terms and Conditions may be obtained on the MEKTEL website at MEKTEL.ca.

PART B: PAYMENT FOR SERVICES

1. The Customer is responsible for the use of the Services and the Equipment, and agrees to pay the Price thereof to MEKTEL, plus applicable taxes and other charges. 2. Subject to the following, the Price of the Services will be invoiced in advance and monthly. The Price of Services for use, for use will be invoiced according to their occurrence, depending on the nature of the service in question, at the price then in force at the time of their use. The Customer acknowledges that MEKTEL does not send invoices by mail and that all communications between MEKTEL and the Customer are by email or by telephone or text message. Due to the flat-rate billing nature of MEKTEL’s services, the Customer acknowledges that MEKTEL only sends the first invoice and that other invoices are sent only on request. 4. The Price payable for the provision of a Service during part of a billing period will be calculated pro rata the number of days that this Service was provided to the Customer out of the total number of days included in the applicable billing period. On the other hand, when the service is stopped, the Customer agrees to pay the last month in full. 5. The invoiced amounts are payable in full on the invoice date. The billing date is the date of installation of the MEKTEL services. Amounts that are not paid by the invoice date are considered overdue. 6. MEKTEL may, if the circumstances justify it, require an advance payment on certain Services, an interim payment before the normal billing date or a guarantee from the Customer in the following cases: i) the Customer has no credit history with MEKTEL and is unwilling or unable to provide satisfactory credit information, (ii) the Customer has an unsatisfactory payment history with MEKTEL, or (iii) the Customer is at abnormal risk of loss due to their financial situation or their use of the Services. MEKTEL will inform the Customer of the specific reason for this requirement and the applicable terms. 7. The Customer authorizes MEKTEL and persons acting on its behalf to verify, before and during the term of the service, its credit file with the relevant financial institutions, and authorizes at all times these and other information agencies to disclose to MEKTEL and persons acting on its behalf with information on its credit file. The Customer declares that he has disclosed any material fact or information concerning his financial situation which would have the effect of modifying his ability to honor the obligations he has contracted under the Contract. 8. Any amount overcharged or in error will be credited to the Customer, to the extent that the amount in question has been disputed by the Customer within 90 days of the date of the invoice in question, in order to allow MEKTEL to make the necessary checks.

PART C: CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

1. MEKTEL remains the owner of the Equipment provided, rented or loaned. The Customer must use this Equipment with care, prudence and diligence. 2. The Customer must notify MEKTEL immediately if the Equipment provided, rented or loaned is lost, stolen, broken or destroyed. In such a case, whether or not the cause is attributable to the Customer, as well as in the event of non-return of the Equipment at the end of the Contract, the Customer agrees to pay MEKTEL the compensatory indemnity fixed by MELTEL. If the Customer does not wish to replace his lost, stolen, broken or destroyed Equipment, and if the Customer decides to end the Service associated with said Equipment, or if the Customer terminates his Contract and fails to return the Equipment, the Customer shall pay to MEKTEL in addition to the compensatory indemnity, all other applicable Charges as well as any other sum then otherwise due with respect to the Services offered. 3. Except with the prior agreement of MEKTEL, the Customer may not use equipment or software not authorized by MEKTEL for the purpose of benefiting from the Services. In addition, the Equipment may not be used at a location other than the Customer’s Address. Finally, the Customer may not modify or alter the Equipment or the configuration of the Equipment provided, rented or loaned. 4. Customer agrees to comply with instruction manuals provided by MEKTEL, if any, and any applicable MEKTEL guidelines or requirements. 5. The Customer may not use the Services or allow them to be used by anyone for a purpose or in a manner contrary to the law or in an abusive manner, in particular, in such a way as to jeopardize the Services, harm to MEKTEL or others or prevent others from making a reasonable, fair or proportionate use of it. 6. The Customer may not resell the Services or offer them to third parties, whether or not for consideration. 7. The Customer undertakes to give free access, in a reasonable manner and during normal business hours, to a duly authorized representative of MEKTEL, to the places where the Services are or will be provided, as well as to the equipment on site, in order to be able to install, inspect, repair, maintain the Equipment or the equipment of the Customer or a third party or in order to be able to act on the network of MEKTEL or a third party, during an outage or a disturbance that disrupts the network as well as to ensure compliance with the Customer’s and/or MEKTEL’s obligations under the Contract. Before entering the premises, MEKTEL must obtain the Customer’s authorization, except in an emergency or when MEKTEL has obtained a court order. At the Customer’s request, the MEKTEL representative must present an identity document issued by MEKTEL.

PART D: SERVICE AND EQUIPMENT WARRANTY

1. MEKTEL makes no representations, representations or warranties of any kind, express or implied, with respect to the Services beyond what is expressly provided in this Service Agreement. Accordingly, except as expressly provided herein or unless made by a duly authorized representative, all statements, representations, warranties or conditions, express or implied, are hereby excluded, subject to the applicable laws. The Services are provided “as is” and to the extent that they are available. Without limiting the generality of the foregoing, MEKTEL does not warrant i) that the Services will meet the Customer’s needs, ii) the performance, availability, use or continuous or uninterrupted operation of the Services, as well as the hardware components and software, and, if applicable, that such problems can be solved, iii) the data or files transmitted or received by third parties will be without being corrupted or transmitted within a reasonable time or that these will not be intercepted, iv ) proprietary rights or lack of conformity to intellectual property law or that goods available on the Internet are of merchantable quality or fit for a particular purpose, and that v) the Services offered are compatible with the software or equipment belonging to the Customer.

PART E: LIMITATION OF LIABILITY

2. Under no circumstances shall MEKTEL be liable to the Customer for any consequential, special or punitive damages, or any economic loss whatsoever, including but not limited to any loss of data, information, revenue or profit or the inability to achieve anticipated savings. 3. MEKTEL shall not be liable for any loss or expense relating to any allegation, claim, lawsuit or otherwise based on the use of the Services by the Customer or by a third party from the Customer Codes. 4. In the event of an interruption of the Basic Services for a period of at least forty-eight (48) consecutive hours and which renders the Basic Services unusable, MEKTEL’s liability is limited to crediting, at the Customer’s written request sent no later than 15 days following the interruption, the Price of the basic Services thus interrupted in proportion to the duration of the interruption in relation to the total billing period applicable to the basic Service in question. No credit can be demanded in case of work stoppage, act of vandalism or other cases of force majeure or circumstances beyond the control of MEKTEL.

PART F: INDEMNIFICATION BY CLIENT

1. The Customer undertakes to indemnify and defend MEKTEL in the event of any complaint, action, lawsuit or formal notice, including legal and judicial costs, whether founded or not (a “Complaint”). ), by a third party against MEKTEL arising out of Customer’s or a third party’s use of Customer’s Services, Equipment or Codes or which may constitute Customer’s misconduct or, under the Agreement, Customer’s default to meet any of its obligations. The Customer undertakes to indemnify MEKTEL and the companies in its group and/or the Carrier for the damages it causes them as a result of its faulty conduct or its breach of its obligations. MEKTEL has the right to participate in the defense, at their expense, for any Claim and to be represented by an attorney of their choice.

PART G: ENTRY INTO FORCE, DURATION AND TERMINATION OF EACH AGREEMENT

2. If a Contract has been entered into for a fixed period, this Contract shall, upon its expiry, be renewed for an indefinite period at the rate then in force for this Basic Service. 3. The Customer may, at any time and upon payment of the Price of the Services then rendered and the Fees, if applicable, terminate the Contract or request from MEKTEL a subscription for another category of Services. 4. MEKTEL may suspend the Services or terminate the Contract(s) when the Customer fails to meet its obligations under any of the Contracts. Before proceeding with the interruption of the Services or the termination of the Contract(s), MEKTEL will give the Customer written notice of at least 5 working days, unless it has been unable to do so despite reasonable efforts, whether immediate action to protect the network is required, or whether it is a case of improper, fraudulent or unlawful use. 5. If there is a restoration of the basic Services, the Customer understands that the Customer Codes may not be the same and releases MEKTEL from any responsibility in this regard, and accepts that a charge for the restoration of the Services of base will be invoiced to him. 6. In the event that the Contract is terminated, the Customer undertakes to return without delay to MEKTEL any Equipment provided, rented or loaned. Failing this, the Customer shall reimburse MEKTEL, at MEKTEL’s option, the amount of the compensatory indemnity at MEKTEL’s discretion, the costs incurred by the latter to locate the Equipment provided, rented or loaned and to regain possession thereof. 7. The Contract is automatically terminated without the need for any notice in the event that the Customer becomes insolvent, bankrupt, makes a general assignment of its assets for the benefit of its creditors or is declared bankrupt, if an order of receivership or liquidation was pronounced against him or if he tried to take advantage of any law in matters of insolvency, bankruptcy or arrangement with his creditors. 8. Each Service must be kept for a minimum period of 30 days.

PART H: MODIFICATION OF THE CONTRACT

1. MEKTEL may modify, from time to time, each of the clauses of the Contract, including the Prices and the nature of the Services. MEKTEL will send the Customer, to his email address, a notice. The Customer may refuse this modification and terminate the Contract thus modified, without being required to pay a termination indemnity, but after payment of the sums due for the use of the Service, if the modification leads to an increase in its obligation or a reduction in MEKTEL’s obligation, by notifying MEKTEL, via its customer service department.

PART I: OTHER PROVISIONS APPLICABLE TO THE INTERNET SERVICE

2. The Customer undertakes to respect the rules of acceptable use in terms of Internet access. MEKTEL may, upon a request from law enforcement in the event of a violation of the Criminal Code and/or a notice sent to the Customer at the MEKTEL e-mail address, immediately terminate the Customer’s Internet access in the event that it is of the opinion that the Customer contravenes the commitments provided for above by carrying out one of the following activities:

• a. transmitting or assisting in the transmission of unsolicited messages (“spam”);
• b. transmission or assistance in the transmission of chain emails of a pyramid nature;
• c. uploading or downloading, retrieving or storing, any information, data, or material, which is defamatory or obscene in nature, contains hate literature, child pornography, invasive of privacy or in violation of any third party intellectual property right, title or interest;
• d. transmission or assistance in the transmission of any file or document containing a “worm”, “Trojan horse” virus, or any other computer virus or other similar element of a destructive nature or capable of harming or damaging others.

3. The Customer agrees not to use Internet access to distribute data from any type of server (such as FTP, HTTP, IRC, PROXY, SMTP, POP or others) to the Internet. 4. The Internet Access Service offered by MEKTEL supports only one Internet connection per access.

PART J: OTHER PROVISIONS APPLICABLE TO TELEPHONE SERVICE

1. Customer’s long distance service is by default routed by MEKTEL at MEKTEL’s rates. Long distance service is billed by the minute and, at the end of a call, the usage time is rounded up to the next minute. A minimum charge of one (1) minute is applicable for each call. 2. In the event that the Customer does not wish to subscribe to the long distance service in accordance with the present conditions, the Customer acknowledges having been advised that it is his responsibility to contact another long distance provider for this service. The Customer understands that it will be billed for long distance charges at the rates then in effect for the entire period that the interim long distance service is provided by MEKTEL to the Customer, until the other provider of the long distance service chosen by the Customer is able to offer said long distance service. 3. Except in the case of death, personal injury or damage to the Customer’s property or its premises, MEKTEL’s liability for negligence in the compulsory provision of emergency services is limited to the greater of the following two amounts: $20.00 or three times the amount Customer would receive if Customer was entitled to reimbursement for defective service under this Agreement.

PART K: OTHER PROVISIONS OF GENERAL APPLICATION

1. The Contract is interpreted according to the laws in force in the province of Quebec. 2. The Customer is not authorized to assign the Contract and/or the Equipment without first obtaining the consent of MEKTEL. Any such assignment shall be null and void. MEKTEL is authorized to assign all or any part of its rights or obligations under the Agreement without the consent of the Customer.

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