This agreement for TNC Wireless Ltd. internet services applies from _______________ until _______________ and replaces any agreement you already have with us. This agreement sets out the main terms of our agreement with you, but additional terms apply to some of our services. We will let you know when additional terms apply.
1) Definitions in this agreement
a) “we”, “us”, and “our” means TNC Wireless Ltd.;
b) “business hours” means 8:30 am to 5 pm every working day in New Glasgow, save for generally celebrated holidays in Nova Scotia;
c) “our website” means http://www.tncwireless.ca
d) “services” means the internet services that we provide you, as further described in section 2 of this agreement;
e) “you” means you, our customer; and
f) the word “including” is used to provide examples only and is not limited by those listed examples.
2) The services
a) We will provide you with access to the internet and three email addresses. We may also provide you equipment.
b) If you are not already receiving services from us we will begin providing the services to you within a reasonable time after you order them. We will do our best to make sure that you receive reliable services. We cannot however guarantee that our services will be:
i) uninterrupted or error-free
ii) free from viruses, other harmful programs or disabling features; or
iii) secure, un-intercepted, confidential or private.
c) The services are currently provided by wireless technology (we reserve the right to change how the services are provided). Coverage and services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages or other networks and provider sites, the configuration or limitations of equipment, or other operational technical difficulties which means that you may not receive some or all of the services in certain areas or at certain times. In addition, from time to time we may temporarily suspend or restrict services – such as when we carry out system maintenance.
d) If you do encounter a fault in our services or our equipment you should contact us at 902-695-6950 and we will work to restore the service or repair or replace our equipment. We will not be responsible for fixing any fault with the services or equipment that occurs because of a fault in your equipment or because you have used the services or equipment incorrectly or because of any other event beyond our reasonable control, including problems with the internet or viruses. If we provide you with assistance in those circumstances, we reserve the right to charge you for our time and materials at our then current rates.
e) We own all addresses provided to you, including IP address, email addresses and personal web page addresses. We may modify or change such addresses at any point in time and shall in no way be required to compensate you for such changes.
3) Your responsibilities
a) Unless we advise you otherwise, you are responsible for providing your own modem, computer, hardware, software and all other equipment required to use the services. In order to use the services, your equipment will need to meet certain minimum technical requirements, which you can find on our website or by phoning us at the number set out below. It is your responsibility to keep all equipment and systems you connect to the services (including any equipment we provide to you) in good operating condition, compatible with the services, secure and free of viruses.
b) In return for us providing the services, secure and / or equipment to you, you must:
i) pay the monthly rate as indicated in our current pricing structure as amended from time to time ( and which is available on our website), as well as any other applicable fees and taxes by the due date for payment;
ii) use the services and any equipment we provide you in a reasonable and responsible manner and in accordance with our instructions that we may notify you of from time to time, including any internet use policy that we may provide to you;
iii) ensure that all information that you give us is correct, current and complete and provided in a timely fashion
iv) keep you password and user name secret, safe and secure;
v) abide by the license terms associated with any software that we provide to you;
vi) make sure that anyone else who uses the services or equipment that we provide to you also abides by the terms of this agreement;
vii) comply with the Internet Use Policy posted on our website;
viii) not resell, rent or lease the equipment or services we provide you, including to provide a service bureau, or to act as an internet service provider (of whatever size); and
ix) not use the services or equipment for anything other that personal purposes.
c) You indemnify us, and hold us harmless, against all liability, losses and costs that we incur:
i) through your failure to perform any obligation that you have under this agreement; and / or
ii) as a result of any claim made against us by a third party as a result of your use of the services or our equipment, including as a result of material that you generate or disseminate by using the services.
4) Bandwidth, content and data
a) If at any point, your bandwidth consumption exceeds your monthly maximum, we have the right to restrict your equipment’s performance via configuration file for the remainder of the month. Before we do so, we will attempt to notify you with the recommendation to:
i) become more conservative with bandwidth usage for the remainder of the month: and / or
ii) purchase an appropriate package allowing for more consumption.
b) We may remove data which otherwise does not comply with our Internet Use Policy, from our mail server unless you have made alternative arrangements with us. We will no be liable to you for the loss of any data.
5) Paying your bill
a) You will be liable for all charges on your account, including where:
i) they are not billed in the month in which they are incurred; or
ii) the equipment and / or services were used by a person who was not authorized by you.
b) You agree to pay us by pre-authorized payment through your bank debit, unless otherwise pre-arranged and agreed with our billing department. We may require you to pay us a deposit before you can use, or continue to use, our services. We will tell you when this is required.
c) If your account is overdue, we may:
i) suspend any of the services that you have asked us to provide;
ii) charge you any disconnection charge; and
iii) continue to charge you any fixed monthly charge applicable for those services during the period of suspension.
d) If we incur costs as a result of a non-availability of funds in your account for any reason (including NSF cheques) or collecting overdue amounts from you, then you will reimburse us for those costs.
6) Termination and cancellation
a) A minimum term of one (1) month applies for all of the services that you subscribe to from us. (1 Year and 3 Year agreements).
b) You may ask us to stop the services or cancel this whole agreement at any time and for any reason by giving us one (1) month notice and pay us $20.00 per month for the remainder of the contract term.
c) We may stop or suspend a particular service or terminate this whole agreement at any time (even where there is a minimum term) without telling you if:
i) you have not given us a deposit we have asked for; or
ii) we consider that you have not complied with this agreement and conditions, including your payment obligations and your responsibilities under section 3.
d) If either of us cancels or terminates this agreement for any reason you will:
i) be liable for any applicable disconnection and early termination fees;
ii) promptly permit us or our agents to access the premises where our equipment is located during our regular business hours to remove the equipment and other material we provided;
iii) pay any all services that we provide to you up until the effective date of cancellation; and
iv) pay any fixed monthly charges until the effective date of cancellation; and
v) pay $20.00 per month for the remainder of the contract term.
e) You agree that sections 3, 5, 6, 7, 8, 9 and 11 will survive cancellation or termination of this agreement for any reason.
Where we provide equipment to you, you agree to comply with the Equipment Terms and Conditions posted on our website.
Except to the extent required by law or specifically stated in this agreement or any additional terms, the services and any equipment are 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 services or equipment.
You use our equipment and services at your sole risk. To the extent permitted by law, no person who provides any equipment or service which is part of the equipment or services we provide to you (including us, our affiliates, employees, suppliers, contractors and representatives), will be liable to you in contract, tort, equity or otherwise for any direct, general, special, consequential incidental or indirect damages (including damages for loss of profits or revenues, loss of data, or a failure to realize expected savings) arising out of the use or inability to use the equipment and / or services, even if we have been advised of the possibility of such damages. In respect of any other liability arising from or in connection with this agreement, our liability will not exceed $100.00 per event or series of related events and $500.00 for all events over the term of this agreement.
10) Changing this agreement
a) We may change, modify, add or remove portions of this agreement and any associated document at any time. We will notify you of any changes to this agreement by posting notice of such changes on our website, or sending notice via email or postal mail. Your continued use of our equipment or services following notice of such change, modification or amendment means that you agree to and accept the agreement as amended. If you do not agree to any modification of this agreement, you must immediately stop using the services and our equipment and notify us that you are terminating this agreement in accordance with the termination provisions.
b) From time to time we may amend o discontinue our services and / or our packages of services (even if a minimum term applies to those services). Where we do this we will endeavour to give you advance notice of this. If we discontinue a service or a package of services we will endeavour to move you onto the service or package of services that we consider is most similar to the service or package of services that we are currently providing to you.
a) You may not assign or transfer this agreement or any part of it to any other person. We may assign this agreement without notice to you.
b) This agreement is the entire agreement and understanding between us with respect to the services.
c) Our failure to insist upon or enforce strict performance of any provision of this agreement does not mean that we have waived any provision or right in this agreement. Neither the course of conduct between us nor trade practice shall act to modify any provision of this agreement.
d) This agreement is governed by the laws of Nova Scotia. All disputes are subject to the exclusive jurisdiction of the courts of Nova Scotia.
e) If any provision of this agreement is held to be invalid, illegal or unenforceable, it will be applied to the extend permitted by law and the validity, legality or enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby.
12) Contact us
For any inquiries or notices required in connection with this Agreement please contact us via telephone at
902-695-6950 or for web support at email@example.com or:
4981 East River Eastside Road
RR # 2 New Glasgow, N.S. B2H 5C5
Customer Name: ____________________
Customer Signature: ____________________
Technician Initials: ____________________
Date of Installation: ____________________