This Service Agreement (this "Agreement") is entered into by and between The Internet Centre Canada Inc., an Alberta corporation ("The Internet Centre", "we", "us" or "our") and you, and is effective as of the date of your use of our website (the "Site") or your electronic acceptance. This Agreement sets out the general terms and conditions of your use of the Site and the products and services you purchase or access through it (individually and collectively, the "Services"), in addition to any specific terms that apply to a particular Service.
Your use of this Site and your acceptance of this Agreement means that you have read, understand and agree to be bound by it, together with our Privacy Policy and Terms of Use, which are incorporated by reference.
The terms "you", "your", "User" or "customer" refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. We may change or modify this Agreement at any time, effective immediately upon posting to this Site (as indicated by the "Last revised" date above). Your continued use of the Site or Services constitutes acceptance of the revised Agreement. We may also notify you of changes by email, so please keep your account information current. For a regulated retail telecommunications service, we will give you at least 30 days notice by email or on your bill before a material change to a key term of your service (such as price, the committed term, or a data allowance) takes effect, and where required by law we will obtain your consent; if you do not accept a material change to a key term, you may cancel the affected service without an early cancellation fee.
The Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using the Site or the Services, you represent and warrant that you are at least eighteen (18) years of age and otherwise able to form legally binding contracts.
If you are entering into this Agreement on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization, in which case "you" and "your" refer to that organization. If you do not have that authority, you will be personally responsible for the obligations in this Agreement, including payment obligations. You agree to be bound by this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.
To access some features of the Site or use some Services, you will need to create an account (an "Account"). You represent and warrant that all information you submit is accurate, current and complete, and that you will keep it that way. If we have reason to believe your Account information is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your Account.
You are solely responsible for the activity on your Account, whether authorized by you or not, and you must keep your login, password and payment information secure. Notify us immediately of any breach of security or unauthorized use. We will not be liable for any loss you incur due to unauthorized use of your Account; you, however, may be liable for any loss we or others incur caused by your Account.
We will use commercially reasonable efforts to make the Site and the Services available twenty-four (24) hours a day, seven (7) days a week. You acknowledge that the Site or Services may be unavailable from time to time for reasons including equipment malfunctions; periodic maintenance, repairs or replacements; or causes beyond our reasonable control, including interruption or failure of telecommunication or transmission links, network attacks, or network congestion. We have no control over the continuous availability of the Site or Services and assume no liability with regard to it.
You acknowledge and agree that:
We reserve the right to modify, change, or discontinue any aspect of the Site or the Services, including prices and fees, at any time.
Our content. Except for User Content, the content on the Site and in the Services - including text, software, scripts, source code, APIs, graphics, photos, sounds, video and interactive features, and the trademarks, service marks and logos contained in them ("our Content") - is owned by or licensed to The Internet Centre and is protected by copyright, trademark and other intellectual property laws in Canada and other countries. Our Content is provided for your information and personal, non-commercial use only, and may not be copied, reproduced, distributed, sold, licensed or otherwise exploited without our express prior written consent. We reserve all rights not expressly granted.
User Content. Some features of the Site or the Services may allow Users to view, post, publish, share, store or manage ideas, opinions, recommendations or advice ("User Submissions") or other content such as photos and videos (together, "User Content"). By posting User Content, you represent and warrant that you have all necessary rights to do so and that the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or interfere with the security-related features of the Site or the Services.
You are solely responsible for your User Content and the consequences of distributing it. You acknowledge that User Submissions are voluntary, do not create a confidential relationship, and do not obligate us to use them or compensate you.
If you have a website or other content hosted by The Internet Centre, you retain all of your ownership or licensed rights in it. If you post User Content to the Site, you grant The Internet Centre a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform that User Content in connection with the Site, the Services and our business, and you grant each other User a non-exclusive license to access it through the Site (other than content you designate "private" or "password protected"). We will not use content you have designated "private" or "password protected" to promote the Site or our business.
If you are provided with a product credit ("Credit"), whether for redemption toward a specific product or free with the purchase of another product, that Credit is valid for one (1) year from the date of the qualifying purchase, requires a valid purchase, and may be terminated if the associated product is deleted, cancelled, transferred or not renewed. If a Credit is redeemed, after the initial subscription period the product will automatically renew at the then-current renewal price until cancelled. You may cancel automatic renewal by turning off the auto-renewal feature in your Account or by contacting us. For Credits issued free with another product, we may swap your Credit for a similar product in our discretion.
We generally do not pre-screen User Content, but we reserve the right (without any obligation) to do so and to decide whether any item of User Content complies with this Agreement. We may remove any User Content, and/or terminate a User's access to the Site or the Services, for any violation of this Agreement, at any time and without prior notice, and we may terminate access if we have reason to believe a User is a repeat offender. If we terminate your access, we may remove and destroy any data and files you have stored on our servers.
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to any Account or Services (including the right to cancel or transfer any domain name registration) for any reason, including to: correct mistakes; protect the integrity and stability of any domain name registry; assist with fraud and abuse prevention; comply with applicable laws and court orders; comply with law enforcement requests, including subpoenas; comply with a dispute resolution process; defend against any legal action; or avoid civil or criminal liability. We also reserve the right to review any Account for excessive space and bandwidth use and to apply additional fees to, or terminate, Accounts that exceed allowed levels, and to terminate any Services where you are harassing or threatening us or our employees.
We do not tolerate spam and we comply with Canada's Anti-Spam Legislation (CASL). We define spam as sending unsolicited commercial or bulk email, messages, or faxes to recipients without their prior consent. You may not use our servers or Services to send spam. Commercial electronic messages may only be sent to recipients who have consented to receive them and must include the sender's identity and contact information and a working unsubscribe mechanism, consistent with CASL. If we determine that an account or Service is being used in connection with spam, we may redirect, suspend or cancel the account, hosting, domain registration, mailboxes or other Services, and we may require a non-refundable reactivation fee before reactivating. Suspected abuse can be reported to abuse@incentre.com.
You agree that if actual damages cannot reasonably be calculated, you will pay us liquidated damages of $1.00 CAD for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
The Internet Centre supports the protection of intellectual property. To submit a trademark claim (for a mark on which you hold a valid, registered trademark) or a copyright claim (for material on which you hold a bona fide copyright), please contact us at support@incentre.com.
The Site and the Services may contain links to third-party websites that we do not own or control. We assume no responsibility for the content, terms, privacy policies or practices of any third-party website. By using the Site or the Services, you release The Internet Centre from any liability arising from your use of any third-party website.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE INTERNET CENTRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INTERNET CENTRE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, OF ANY LINKED SITES, OR OF THE SERVICES, AND ASSUMES NO LIABILITY FOR THE SAME.
NO INFORMATION OR ADVICE PROVIDED BY THE INTERNET CENTRE OR ITS REPRESENTATIVES WILL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE ANY WARRANTY. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
IN NO EVENT SHALL THE INTERNET CENTRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM THE CONTENT OF THE SITE OR ANY LINKED SITE; THE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE; THIRD-PARTY CONDUCT; ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR TO ANY INFORMATION STORED ON THEM; ANY INTERRUPTION OR CESSATION OF SERVICES; ANY VIRUSES OR HARMFUL CODE; ANY USER CONTENT; OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, AND WHETHER OR NOT THE INTERNET CENTRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED. IN NO EVENT SHALL THE INTERNET CENTRE'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE APPLICABLE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
You agree to protect, defend, indemnify and hold harmless The Internet Centre and its officers, directors, employees, agents and service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind (including reasonable legal fees) arising from (i) your use of and access to the Site or the Services; (ii) your violation of any provision of this Agreement or the policies or agreements incorporated by reference; and/or (iii) your violation of any third-party right, including any intellectual property right. This obligation survives any termination or expiration of this Agreement.
We reserve the right to stop offering or providing any of the Services at any time. Although we make great effort to maximize the lifespan of our Services, a Service may occasionally be discontinued or reach its end of life ("EOL"), after which it will no longer be supported.
Notice and migration. If a Service will reach EOL, we will attempt to notify you thirty (30) or more days in advance. It is your responsibility to take the steps necessary to replace the Service before the EOL date. We will, in our discretion, either offer a comparable Service to migrate to for the remainder of your term, a prorated credit, or a prorated refund. We may, with or without notice, migrate you to the most up-to-date version of a Service. We will not be liable to you or any third party for any modification, suspension or discontinuance of any Service.
You agree to pay all prices and fees due for the Services at the time you order them. Prices and fees are non-refundable unless otherwise expressly noted at the time of purchase or required by applicable law (see "Telecommunications services" below), even if your Services are suspended, terminated or transferred before the end of the term. We may change our prices and fees at any time; changes take effect for existing Services when they come up for renewal.
Unless otherwise agreed, you pay for Services using the payment method on file in your Account (typically a valid credit card) through our client portal. You must keep a valid payment method on file while you have any active Services. Prices are quoted in Canadian dollars (CAD) unless stated otherwise, and applicable taxes (including GST) will be added.
Telecommunications services - cancellation and prorated refunds. For regulated retail telecommunications services (such as Internet access and telephone service) provided to individual and small business customers, you may cancel at any time by notifying us, and we will cancel the service on the date you request. Where such services are billed in advance, we will refund or credit the pro-rated portion of the monthly fees for the days remaining in your final billing cycle after cancellation. Consistent with current CRTC requirements, we do not charge early cancellation, activation or modification fees on these services where no subsidized device is provided. Where we expressly provide a subsidized device as part of a Service contract and disclose an early cancellation fee in that contract, we may charge that early cancellation fee, calculated based on the value of the device subsidy and reduced by an equal amount each month so that it reaches zero by the end of the lesser of 24 months or the contract term, as permitted by applicable CRTC rules. Standard equipment provided to deliver a Service, such as a modem, router or optical network terminal, is not treated as a subsidized device unless we expressly state so in your contract. These telecommunications terms prevail over any conflicting provision of this Agreement. Different terms, including committed terms and early termination charges, may apply to business, enterprise and wholesale services provided under a separate written agreement.
Installation and construction charges. Where a Service requires installation or construction at your premises (for example a fixed wireless radio, a fibre or cable drop, or wiring), we may charge a reasonable one-time installation or construction fee, disclosed to you before you order. Installation and construction charges are for work performed and are payable whether or not you later cancel the Service. We may also sell or lease you equipment needed to use a Service; equipment we lease to you remains our property and must be returned in good condition, or its fair value paid, when the Service ends.
Automatic renewal. To help ensure you do not experience an interruption or loss of Services, most Services renew automatically by default. Unless you disable automatic renewal, we will renew the applicable Service when it comes up for renewal and charge the payment method on file at our then-current rates, which may be higher or lower than the original rate. You can view and change your renewal settings, and enable or disable automatic renewal, at any time in the client portal. If you disable automatic renewal and do not manually renew before your Services expire, you may experience an interruption or loss of Services, and we will not be liable to you or any third party for it. Where your card provider or bank supports account-updater services, we may receive and apply updates to your card number or expiry date so that renewals are not interrupted; it remains your responsibility to keep a current, valid payment method on file.
Non-payment. If we are unable to charge your payment method for the full amount owed, or if we receive a chargeback, reversal or payment dispute, we may pursue all lawful remedies to obtain payment, including immediate suspension or cancellation, without notice, of any Services or domain names registered or renewed on your behalf. We may also charge reasonable administrative or processing fees for tasks outside the normal scope of the Services, additional time or costs we incur, or your non-compliance with this Agreement (including costs arising from chargebacks or payment disputes).
Refunds. Refunds, where available, are described at the time of purchase for the applicable Service, or you may contact us at support@incentre.com. Where a purchase includes a free domain name and you cancel, the regular price of the domain name may be deducted from any refund amount.
If you have a concern about your Service, please contact us first at support@incentre.com or 780-450-6787 so we can try to resolve it. If we are unable to resolve your complaint to your satisfaction, you may be able to escalate it to the Commission for Complaints for Telecom-television Services (CCTS), an independent agency that resolves complaints from consumers and small business customers about their telecom and TV services, free of charge. You can reach the CCTS at www.ccts-cprst.ca or 1-888-221-1687. Our full complaint-handling process is published at incentre.net/complaints-the-ccts.
This Agreement is governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the courts of the Province of Alberta, and you consent to the jurisdiction and venue of those courts.
The titles and headings in this Agreement are for convenience only. Each covenant is a separate and independent covenant. If any provision (or portion of a provision) is held to be illegal, invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us: