Equipment Terms and Conditions
Where we provide equipment to you, you agree that:
a) we will remain the owner of the equipment at all times, even after cancellation or termination of this agreement and you will not do anything that affects or is likely to affect our ownership rights in the equipment, including selling, leasing, disposing of, mortgaging or allowing any other person to take a security interest in the equipment;
b) you will pay 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 we incur in obtaining or attempting to obtain possession of any such equipment;
c) we may at our sole option any time, replace or change any part of the equipment so long as the services are not unreasonably interrupted;
d) you will not move, tamper with or interfere with our equipment (including introducing any viruses or disabling mechanisms into our equipment);
e) you will give our personnel safe access to the equipment so that they can install, maintain, replace and / or disconnect our equipment or for any other reasonable purpose;
f) if you have requested us to install the equipment in premises that don’t belong to you (such as rental premises), then you agree to ensure that the owner has given you permission for the installation of our equipment and services at those premises; and
g) we may register a Personal Property Securities Act financing statement to reflect our interest in the equipment, and you will cooperate by providing any required information in registering that financing statement.
Our right of access
When we need to install, repair, replace or remove the equipment, we will do so during business hours at a time arranged with you. We will tell you at the time whether there are any charges of installation, replacement or repair.
If you want to move our equipment, including moving it to a new residence, you must contact us and we will arrange a time during business hours to move it for you. There may be a charge for this service.
You will not:
a) use our equipment in any way that is unlawful including any act or omission which would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation whether passed before or after the date of this agreement;
b) resell, rent lease, encumber I any way, or convert equipment we provide you, including:
i) to provide a service bureau; or
ii) to act as an internet service provider (of whatever size).
c) damage, destroy or impair our equipment in any way;
d) remove from, obscure or conceal any identification labels, serial umbers or ownership information that is on the equipment; or
e) otherwise use the equipment for anything other than personal purposes in accordance with our Internet Services Agreement and our Internet Use Policy.
Disclaimer of warranties
Except to the extent required by law, the equipment is provided “as is” and “as available” without warranty of any kind, including implied warranties of merchantability, fitness for purpose and non-infringement of the rights of any third party. We make no representations about the suitability, reliability, availability, lack of viruses or other harmful features of the equipment.
Internet Service Agreement
These Equipment Terms and Conditions are governed by, and form part of, our Internet Services Agreement.