IGS Hawkesbury Terms and Conditions

1. What are the Terms of Service?

These Terms of Service ("Terms of Service") govern your use of any service, as defined below.

The following definitions apply to this document:

• "Customer Accessed Content" is defined in Section 24.
• "Customer Provided Content" is defined in Section 25.
• "CCTS" is as defined in Section 42.
• "CRTC" is as defined in Section 42.
• "Software Documents" are defined in Section 22.
• "Fixed Term" refers to a minimum contract term for a particular service.
• "Term" is defined in Section 4.
• "E911" refers to the Enhanced 9-1-1 service that may provide emergency personnel with your location and phone number.
• "Service Agreement" refers to an agreement outlining the terms for specific services. Service Agreements are published on the website at https://www.hawkigs.net/terms-of-service/.
• "Agreement" is defined in Section 2.
• "Equipment" refers to any device, equipment, or hardware used to access the services or used in conjunction with the services.
• "Cancellation Fees" are defined in Section 38.
• "Late Fees" are defined in Section 9.
• "Fees" is as defined in Section 7.
• "Group" is as defined in the Canada Business Corporations Act, R.S.C. (1985), c. C-44.
• "Identifiers" refers to email addresses, phone numbers, account numbers, personal identification numbers (PINs), Internet protocol addresses, personal web page addresses, access codes, and any other identifiers assigned to you by IGS Hawkesbury.
• "IGS Hawkesbury" refers to IGS Hawkesbury and its groups.
• "I", "me", "you", "your", and "yours" refer to you and those you authorize to use the service or act as your agent regarding the service.
• "Software" refers to any software used to access the services or used in conjunction with the services.
• "Terms of Service" refers to these IGS Hawkesbury service conditions.
• "My Account" refers to the client portal on the website, where you can access features and information regarding your services and account with IGS Hawkesbury.
• "We", "our", and "us" refer to IGS Hawkesbury.
• "IGS Hawkesbury Parties" refers to IGS Hawkesbury, its partners, licensors, dealers, representatives, suppliers, and agents (and their respective employees, officers, directors, shareholders, and representatives).
• "Policies" is as defined in Section 12 of the Terms of Service.
• "Insufficient Provision" is as defined in Section 9.
• "Residents of Quebec" refers to residents of Quebec entering into an agreement governed by the Consumer Protection Act (Quebec).
• "Services" refers to all services you subscribe to or obtain through IGS Hawkesbury, including but not limited to cable Internet, wireless Internet, and VoIP service. All equipment and software (as defined in this section) are considered part of the services.
• "Website" refers to all content on the domain https://www.hawkigs.net/.
• "VoIP" refers to the Voice over Internet Protocol service.

2. What does my service agreement with IGS Hawkesbury include?

The "Agreement" includes the Terms of Service, the service agreements [published on the website at https://www.hawkigs.net] related to the services you subscribe to, any IGS Hawkesbury document describing features, products, or services, any other document incorporated by reference, and these Terms of Service. In case of inconsistency between the agreement documents, the service agreement takes precedence over the Terms of Service, which takes precedence over any other document describing the features, products, or services of IGS Hawkesbury, which takes precedence over any other document incorporated by reference.

3. How do I accept the agreement?

You acknowledge that you have read, understood, and accepted the agreement by taking one of the following actions: (i) placing an order for the services in any way, including online, by phone, or in person at one of our sales kiosks; (ii) using the services.

If you do not accept the Terms of Service or any applicable service agreement, you may not use the services.

4. What is the duration of the agreement?

The "duration" of your agreement with IGS Hawkesbury begins when you accept the agreement and continues until the agreement is terminated. IGS Hawkesbury provides services continuously on a monthly basis, unless a fixed term is established in a service agreement. If a fixed term ends, services will continue to be provided to you on a monthly basis, unless you cancel the service in accordance with Section 34.

5. Can IGS Hawkesbury modify the agreement?

Unless otherwise stated in the agreement, IGS Hawkesbury may modify: a) any aspect of a service agreement for monthly services; b) any aspect of a service agreement for fixed-term services, except for the price, duration, nature of the services, or any other significant or essential element of the service agreement. Before making any changes to the agreement, we will send you written notice of at least thirty (30) days via email, letter, or billing insert, or we will post this notice on our website. This notice will specify the added or modified term or condition, the old term as it was previously stated (if applicable), the effective date of the modification, and your rights. If you continue to use the service more than thirty (30) days after the effective date indicated in the notice, the new service condition will take effect.

6. What happens if I disagree with a modification made by IGS Hawkesbury?

If you disagree with a modification made by IGS Hawkesbury, you may cancel the services in question in accordance with Section 34. No cancellation fees will apply if you choose to cancel the services due to a modification we make to the agreement.

7. How does IGS Hawkesbury bill for services?

IGS Hawkesbury will charge you recurring and one-time fees (collectively, "fees") on a monthly basis. Applicable fees and taxes are charged in full and are due on the date indicated on your invoice. Before the billing date, you can log into My Account on the website to view the statement of fees due for the following month. Adding or modifying services may result in prorated fees for a partial monthly billing cycle. Service agreements may also change billing terms for certain services.

8. How can I pay my bill?

You can pay your bill online from your bank account, by electronic funds transfer, by cheque (by mail), by credit card (VISA, Mastercard, or American Express), or you can set up an automatic preauthorized payment from My Account. Except for cheque payments, payments will be processed on the 10th day of each month, after your account is initially set up. You must confirm that you are an authorized user of the credit card or bank account, and that they are valid. If you use a payment method that may have a processing delay, you must ensure that IGS Hawkesbury receives the payment on the first day of each month when payment is due. If there are any changes to your credit card or bank account, you must promptly notify us using the contact information provided in Section 48 of these terms of service.

9. What fees apply for late payments, declined payments, and other account processing operations?

If IGS Hawkesbury does not receive your payment when it is due, we will charge you a late payment fee of 3% per month. These late payment fees are compounded daily and calculated and compounded monthly on the overdue amount (42.58% annually) from the date of the first invoice showing the overdue amount until full payment is received. You agree that we may charge your credit card, bank account, or any other preauthorized payment method for any unpaid and overdue amounts, including late payment fees and taxes.

Not applicable to Quebec residents: An administrative fee of $35.00 may be charged for account administration or processing services, including but not limited to:

• Changing any identifier;
• Collection efforts due to non-payment or a balance exceeding your credit limit, including unbilled usage, as well as overdue fees and adjustments;
• Returned or declined payments due to insufficient funds or for any other reason;
• Service restoration.

Applicable only to Quebec residents: An administrative fee of $35.00 may be charged for account administration or processing services related to your account, including due to the change of any identifier. We will not charge administrative fees for insufficient funds.

10. Do I need to pay a deposit for using the services?

Yes. In some cases, IGS Hawkesbury may require a deposit for services. For example, IGS Hawkesbury may require a specified deposit for certain rented equipment.

Not applicable to Quebec residents:

IGS Hawkesbury may request a deposit at any time and under terms we determine at our sole discretion. These deposits will not earn interest. If your service is canceled, any deposits held by IGS Hawkesbury will be deducted from the final outstanding balance of your account.

Applicable only to Quebec residents:

IGS Hawkesbury may request a deposit at any time and under terms we determine at our sole discretion. Deposits held by IGS Hawkesbury will earn interest at the rate determined by applicable law or regulation, as updated from time to time, starting from the date the deposit is obtained (but not before the date required by applicable law or regulation) until the deposit is refunded. If we use the deposit, in whole or in part, to recover overdue amounts, we will notify you in writing. If your service is canceled, the deposits held by IGS Hawkesbury and the accrued interest on those deposits will be deducted from the final outstanding balance of your account within 30 days following the cancellation of your services.

11. What happens if I dispute the charges on my bill?

To raise a question, dispute, or discrepancy regarding the charges, you must do so within thirty (30) days following the billing date, after which you will be deemed to have accepted the charges. We will investigate any disputes, and if we determine, at our sole discretion, that a portion of the charges was billed in error, we will cancel the disputed portion of the charges. You will need to pay the undisputed portion of the charges in accordance with Section 8.

12. Does IGS Hawkesbury have policies that apply to the services?

Yes. From time to time, IGS Hawkesbury may establish policies, rules, and limits (collectively, the "policies") regarding the use of services, equipment, and any products, content, applications, or services used in conjunction with the services or equipment. The policies are incorporated by reference into these terms of service and will be published on the website.

13. Are there limits on my use of the services?

Yes. You agree to use the services for your personal, family, or household use in accordance with the agreement and all applicable laws. You also agree not to:

a) resell the services or receive any fees or benefits for the use of the services;

b) transfer your services without our express consent.

You must also comply with all policies establishing acceptable use of the services and equipment.

14. How can I ensure that IGS Hawkesbury has my correct contact information?

You are responsible for ensuring that the contact information and payment details you provide to IGS Hawkesbury are up to date (including your name, mailing address, email address, the address where services will be provided, your phone number, and any authorized users). In the event of cancellation of this agreement, if your contact details differ from those we have on file, you will provide IGS Hawkesbury with your new contact information for sending the final bill or documents.

15. What is my responsibility if my IGS Hawkesbury account is compromised?

If you suspect that your services have been used in an unauthorized manner or if equipment is lost or stolen, you must immediately contact IGS Hawkesbury using the contact information provided in section 48 to report the situation. You are responsible for paying all fees and taxes charged to your account, whether or not you authorized them. Therefore, it is imperative to protect your account and ensure that your account information is up to date (including authorized users).

 

16. Are the services covered by warranties?

Does not apply to residents of Quebec:

To the fullest extent permitted by law, IGS Hawkesbury parties do not guarantee the operation, availability, coverage, uninterrupted use, security, pricing, or operation of the services or any product, content, application, service, installation, connection, or network used or provided by us or third parties.

You assume all risks associated with the use, transmission, availability, reliability, speed, quality, security, and operation of the services, as well as access to them.

IGS Hawkesbury parties do not provide any express or implied representations, warranties, or conditions, including warranties of ownership or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, regarding the services or any product, content, application, service, installation, connection, or network used or provided by us or third parties.

All statements, warranties, and conditions of any kind, whether express or implied, are excluded to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, no advice or information obtained from IGS Hawkesbury parties, orally or in writing, creates any term, condition, representation, or warranty that is not expressly stated in the agreement.

Applies only to residents of Quebec:

To the fullest extent permitted by law, IGS Hawkesbury parties do not guarantee the operation, availability, coverage, uninterrupted use, security, pricing, or operation of the services (except to the extent that these warranties relate to the equipment, in accordance with legal warranties) or any product, content, application, service, installation, connection, or network used or provided by us or by third parties.

You assume all risks associated with the use, transmission, availability, reliability, speed, quality, security, and operation of the services, as well as access to them.

IGS Hawkesbury parties do not provide any express or implied representations, warranties, or conditions, including warranties of ownership or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, regarding the services or any product, content, application, service, installation, connection, or network used or provided by us or by third parties.

17. Does this mean that services may not be available under certain circumstances?

Unfortunately, yes. The operation and availability of the service depend on several factors, including access to third-party providers that IGS Hawkesbury cannot fully control.

18. Are there limits regarding the use of the equipment?

Yes. Except for equipment that you have fully paid for, all equipment installed or provided remains the property of IGS Hawkesbury. You agree to:

• Take reasonable care of the equipment.
• Not sell, rent, mortgage, transfer, assign, or encumber the equipment, nor access it.
• Not move the equipment without our permission.
• Pay us the non-depreciated retail value of the equipment, along with all costs incurred to recover possession if the equipment is lost, stolen, damaged, sold, rented, mortgaged, transferred, assigned, encumbered, or not returned;
• Return the equipment, accessories (e.g., cables), and auxiliary equipment (e.g., adapters) by mail in adequate protective packaging (e.g., bubble wrap) to the address provided in section 50 of the service terms upon termination of your services.

19. What happens if there are problems with the equipment?

IGS Hawkesbury will repair or replace defective equipment sold to you at no charge within one year of purchase for new equipment, and within three months for used and refurbished equipment. IGS Hawkesbury will repair or replace defective rented equipment at no charge during the rental period. Warranty coverage does not apply to:

a) Aesthetic damage, including but not limited to scratches, dents, and plastic breaks on ports, unless a failure occurred due to a material defect or manufacturing flaw, at IGS Hawkesbury's sole discretion; b) Damage resulting from the use of third-party components or products; c) Damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surges, or other external causes; d) Equipment modified to change its functionality or capacity; e) Defects caused by normal wear and tear or otherwise attributable to normal aging; f) Stolen equipment.

IGS Hawkesbury will inspect any equipment (purchased or rented) submitted for repair or replacement and will determine, at its sole discretion, whether the equipment is defective. To qualify for free repair or replacement of defective equipment, you must send to IGS Hawkesbury, at the address provided in section 48, the following:

• The original receipt if the equipment was purchased;
• The equipment in its original packaging, including all protective packaging (e.g., bubble wrap) and documents provided by the manufacturer;
• All accessories and auxiliary equipment provided by the manufacturer (e.g., adapter, remote control, and wires).

IGS Hawkesbury reserves the right to charge you for any equipment or packaging not returned when requesting an exchange or repair. IGS Hawkesbury will specify these charges upon request. Applicable fees may change from time to time.

Except for shipping costs associated with the repair or exchange of equipment confirmed by IGS Hawkesbury as defective, you are responsible for all shipping costs related to returning the equipment.

To obtain further information about the equipment exchange or repair process and timelines, please contact IGS Hawkesbury using the contact information provided in section 48.

20. Do I need to grant IGS Hawkesbury access to the equipment?

Yes. You agree to allow us, as well as our representatives and suppliers, to enter your premises or access them as needed, at mutually agreed times, for the purpose of installing, maintaining, inspecting, repairing, removing, replacing, reviewing, protecting, modifying, upgrading, or disconnecting our services, equipment, facilities, or networks, or improving their operation. If any of your services or accounts have been terminated, you authorize us and our representatives to enter your premises or access them to disconnect the services. In the event of loss, theft, or destruction of equipment, you must notify us immediately.

21. Will the service require changes to the equipment?

Yes. It is necessary to modify the equipment, as well as its specifications and location, from time to time, and we can do so at our sole discretion. Unless otherwise stated by us, you are fully responsible for updating or maintaining the equipment and software, as necessary, to meet these requirements. You may not be entitled to our customer support service if you neglect to do so.

22. Are there limits regarding the use of software?

Yes. The software, including all accompanying documents ("software documents"), is intended for non-commercial and personal, family, or household use and may not be distributed, transferred, or sold. All software and software documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable measures to protect the software and software documents from theft, loss, or damage. You must review and accept any applicable user license agreement from IGS Hawkesbury, our licensors, or our content providers. Unless otherwise stated in the applicable user license agreement, all user license agreements will terminate upon the termination of the applicable service agreement.

23. Are software updates necessary?

Yes. You may need to update your software from time to time, including through automatic downloads. By entering into the agreement, you consent to receive these downloads. If you do not agree to receive software updates, you cannot use the service, and your only option is to terminate the service agreement for the services affected by the software update.

24. Is the content I access through the services subject to any intellectual property rights?

Yes. You acknowledge that the content, including but not limited to text, software, music, sound, photographs, videos, graphics, or any other material accessed through the services or the Internet (collectively, "client-accessed content") may be subject to copyright, trademarks, patents, trade secrets, and other proprietary rights, and is governed by applicable laws in that regard.

Your license to use the client-accessed content is limited to your personal, lawful, and non-commercial use, unless applicable laws or a valid license permit you to use that content for other purposes.

You further acknowledge that, unless expressly stated otherwise, the equipment, software, content, documents, processes, designs, technologies, hardware, and any other elements comprising the services are the sole property of IGS Hawkesbury, its licensors, or its suppliers, and may be subject to copyright, trademarks, patents, trade secrets, and other proprietary rights, and are governed by applicable laws in that regard.

25. Do I have rights to the content I provide in relation to the services?

Yes. IGS Hawkesbury does not claim ownership of the information, materials, software, or any other content (collectively, "client-provided content") that you post, upload, enter, provide, submit, or transmit in any way to IGS Hawkesbury or any other third party through the services. However, you agree that by posting, uploading, entering, providing, submitting, or transmitting client-provided content to IGS Hawkesbury or any third party through the services, you grant IGS Hawkesbury a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, modify, delete, publish, and translate that content to the extent reasonably required by IGS Hawkesbury to provide the services to its clients or to ensure compliance with and enforcement of the terms of this agreement.

26. Who owns the identifiers used in connection with the services?

Unless otherwise stated by IGS Hawkesbury, the identifiers remain the property of IGS Hawkesbury at all times.

27. How does IGS Hawkesbury protect my personal information?

IGS Hawkesbury protects your personal information in accordance with its policies and applicable laws.

28. Does IGS Hawkesbury conduct credit checks or background checks?

Yes. By entering into the agreement, you agree that IGS Hawkesbury may perform a credit check or background check with a credit reporting agency or credit provider to activate the services you have ordered or to assist in collection efforts. IGS Hawkesbury may also share your credit history with credit reporting agencies, credit providers, and collection agencies.

29. Will IGS Hawkesbury send me commercial electronic messages?

Yes. By entering into the agreement, you consent to receive commercial electronic messages from IGS Hawkesbury. However, you may unsubscribe from commercial electronic messages at any time using the unsubscribe mechanism contained in those messages.

30. Is 911 service always available on VoIP?

No. We offer a type of 911 service similar to conventional 911 service, but it has some important differences and limitations compared to the enhanced 911 (E911) service offered in certain locations alongside traditional phone service. With conventional 911 service and E911 service, your call is routed directly to the nearest emergency response center. Additionally, with E911 service, the emergency response center operator can see your callback number and address.

With our 911 service, our external operators route your call to the appropriate emergency services anywhere in the country via the 911 network, but the emergency response center operator does not see your callback number or location. You must be prepared to provide or confirm your name, address, and callback number to the operator. Do not hang up unless instructed to do so, and if the line disconnects, you should dial 911 again.

When you subscribe to our services, you should ensure that your address on file is accurate at all times. If you are unable to speak when calling 911, the operator will send emergency vehicles to your last address on file. Remember to update this information if you move your device to a new location or add a new line to your account. Your 911 service is activated as soon as you subscribe to our services.

Keep in mind that the 911 service will not function during a power outage or broadband service failure, or if your services are suspended or terminated. You should inform employees, household members, guests, and anyone else who may be at the location where you use our service about the important differences and limitations of the VoIP 911 service compared to E911 service, as described above.

31. How do IGS Hawkesbury limit their liability concerning VoIP 911 services?

IGS Hawkesbury limits its liability regarding VoIP 911 services in the ways outlined below, which vary for residents of Quebec and residents elsewhere in Canada.

Not applicable to residents of Quebec: You acknowledge and agree that, to the fullest extent permitted by law, the parties of IGS Hawkesbury are not liable for any injury, death, or damage to persons or property, arising directly or indirectly from calls made to 911 through IGS Hawkesbury's VoIP service, or related in any way. You agree to indemnify and hold harmless the parties of IGS Hawkesbury from any claims, damages, losses, and expenses (including reasonable legal fees) that anyone, including you, accessing or attempting to access 911 from IGS Hawkesbury's VoIP service may suffer or incur, directly or indirectly, due to the inability to access the 911 emergency service.

Applicable only to residents of Quebec: You acknowledge and agree that, except for damages arising from any wrongful act committed by the parties of IGS Hawkesbury, the parties of IGS Hawkesbury are not liable for any injury, death, or damage to persons or property, arising directly or indirectly from calls made to 911 through IGS Hawkesbury's VoIP service, or related in any way. You agree to indemnify and hold harmless the parties of IGS Hawkesbury from any claims, damages, losses, and expenses (including reasonable legal fees) that anyone, including you, accessing or attempting to access 911 from IGS Hawkesbury's VoIP service may suffer or incur, directly or indirectly, due to the inability to access the 911 emergency service. However, this clause does not limit our liability in cases of intentional wrongdoing, gross negligence on our part, or breach of contract, where the breach arises from our gross negligence.

32. How do the parties of IGS Hawkesbury limit their liability?

You agree that, unless otherwise stated in a service agreement, to the fullest extent permitted by applicable law, the liability of the parties of IGS Hawkesbury for negligence, breach of contract, tort, or any other cause of action, including a fundamental breach of the agreement, is limited to a maximum amount equivalent to the greater of the following two amounts: twenty (20) dollars or an amount that corresponds to the fees payable during any service outage.

Except for the amount mentioned above and to the fullest extent permitted by applicable law, except concerning residents of Quebec regarding damages that may result from any act committed by a party of IGS Hawkesbury, the parties of IGS Hawkesbury have no liability to anyone for:

Not applicable to residents of Quebec:

i. Any direct, indirect, special, consequential, incidental, economic, or punitive damages (including loss of profits or revenues, financial loss, loss of business opportunities, loss, destruction, or alteration of data, files, or software, violation of privacy or security, property damage, bodily injury, death, or any other foreseeable or unforeseeable harm, regardless of the cause) arising directly or indirectly from the services or any advertising, promotion, or statement regarding the above, even if we have been negligent or have been advised of the possibility of such damages;

ii. The operation, availability, reliability, speed, quality, coverage, uninterrupted use, security, pricing, or operation of the services;

iii. Any errors, inclusions, or omissions regarding the services;

iv. The refusal, restriction, blocking, disruption, or inaccessibility of any public alert or service, special needs service, equipment, or identifier;

v. Any equipment, identifier, password, code, benefit, discount, or credit that is lost, stolen, damaged, or expired, or any rebate that is lost, stolen, damaged, or expired;

vi. Any act or omission of a telecommunications company whose facilities are used to establish connections to service points that we do not serve;

vii. Any claim or damage arising directly or indirectly from any claim that the use, whether anticipated or not, or the combination of the service or any material transmitted through the services infringes the intellectual, industrial, contractual, private, or other rights of a third party.

Applicable only to residents of Quebec:

i. Any damages (including loss of profits or revenues, financial loss, loss of business opportunities, loss, destruction, or alteration of data, files, or software, violation of privacy or security, or property damage) related to the services;

ii. The operation, availability, reliability, speed, quality, coverage, uninterrupted use, security, pricing, or operation of the services;

iii. Any errors, inclusions, or omissions regarding the services;

iv. The refusal, restriction, blocking, disruption, or inaccessibility of any public alert or service, special needs service, equipment, or identifier;

v. Any equipment, identifier, password, code, benefit, discount, or credit that is lost, stolen, damaged, or expired, or any rebate that is lost, stolen, damaged, or expired;

vi. Any error, omission, or delay related to the transfer of identifiers to or from another telecommunications service provider, or any limitation in this regard;

vii. Any act or omission of a telecommunications company whose facilities are used to establish connections to service points that we do not serve;

viii. Any claim or damage arising directly or indirectly from any claim that the use, whether anticipated or not, or the combination of the service or any material transmitted through the services infringes the intellectual, industrial, contractual, private, or other rights of a third party.

Not applicable to residents of Quebec:

These limitations are in addition to any other limitations of liability of the parties of IGS Hawkesbury stated elsewhere in the agreement and apply to any act or omission by the parties of IGS Hawkesbury, regardless of whether the act or omission constitutes a cause of action in contract or tort, or a cause of action under any law or other doctrine.

33. Do I need to indemnify the parties of IGS Hawkesbury regarding the agreement?

Yes. You agree to indemnify the parties of IGS Hawkesbury and hold them harmless from any claims, demands, proceedings, losses, damages, costs, and expenses (including, but not limited to, reasonable legal fees and other litigation costs) incurred by or against the parties of IGS Hawkesbury, arising from the services, your use of the services, or any other matter related to this agreement, or connected to it.

34. When and how can I cancel the services?

You may cancel all or part of your services and any related service agreement at any time by contacting IGS Hawkesbury using the contact details provided in these service terms. Cancellation fees, as defined in Section 38, may apply.

35. Can services be transferred to another provider?

Certain services and identifiers may be transferred to another provider, subject to the conditions of the corresponding service agreement. In the event of the transfer of one or more services and identifiers to another provider, the applicable service agreements will be automatically canceled. Cancellation fees, as defined in Section 38, may apply.

36. When can IGS Hawkesbury cancel my services with notice?

Does not apply to residents of Quebec:

IGS Hawkesbury may cancel all or part of your services provided on a monthly basis, as well as the related service agreements, by giving you at least thirty (30) days' notice.

IGS Hawkesbury may cancel fixed-term services only under the following circumstances: (1) we no longer have the technical capacity to provide the services; (2) in accordance with Section 37.

Applies only to residents of Quebec:

IGS Hawkesbury may cancel all or part of your services provided on a monthly basis, as well as the related service agreements, by sending at least sixty (60) days' notice to your billing address.

IGS Hawkesbury may cancel fixed-term services only under the following circumstances: (1) we no longer have the technical capacity to provide the services; (2) in accordance with Section 37.

37. When can IGS Hawkesbury cancel my services without notice?

Applies to all IGS Hawkesbury customers:

In addition to the right to terminate your services in accordance with Section 36, IGS Hawkesbury may also, for valid reasons, restrict, block, suspend, disconnect, or terminate your services, in whole or in part, including 911 service, without notice, if:

• you breach the service agreement, including failure to pay your fees or comply with a policy;
• you exceed the reasonable usage limits that we have established;
• you provided us with false, misleading, or outdated information;
• we have reasonable grounds to suspect or determine that any of your services, equipment, or identifiers are being used fraudulently, illegally, or inappropriately, or in a manner that harms our business or the use of our services, facilities, or networks by others;
• you threaten or commit acts of harassment or violence against us or our employees or agents;
• you are fraudulently or irregularly attempting to avoid payment to us;
• we need to install, maintain, inspect, test, repair, remove, replace, examine, protect, modify, update, or enhance the operation of the services, equipment, our facilities, or our networks;
• we have reasonable grounds to believe there is an emergency or exceptional circumstances justifying such action.

Applies only to residents of Quebec:

If you subscribe to a fixed-term service, we may cancel your service without notice only if you fail to meet your obligations under the agreement, in accordance with Articles 1604, 2126, and 2129 of the Civil Code of Quebec.

38. What amounts do I need to pay if my services are canceled?

If you cancel one or more of your services, or if IGS Hawkesbury cancels one or more of your services, you must pay all outstanding fees (including all installation fees for services that have been installed but not activated), taxes, and late payment fees that will appear on your final bill for the canceled services.

For monthly services, IGS Hawkesbury will issue a refund for the canceled portion of the prepaid monthly service fees. This refund will be calculated on a pro-rata basis for the number of days remaining in the last monthly billing cycle after the cancellation.

If, in accordance with the service terms, you cancel a fixed-term service or IGS Hawkesbury cancels a fixed-term service before the expiration of the term, you must pay the cancellation fees ("cancellation fees") specified in the service agreement related to those services.

To the fullest extent permitted by law, one-time activation and installation fees are non-refundable. Restocking fees may apply to equipment that you return or to equipment that has been ordered but not shipped. If the equipment you purchased was shipped before the service was canceled, the fees for the equipment are non-refundable. The one-time activation and installation fees, as well as restocking or equipment fees, are intended to recover our costs and constitute a fair estimate of predetermined damages in the event of service cancellation.

Notwithstanding the above, IGS Hawkesbury does not provide any credit or refund in the case of cancellation motivated by IGS Hawkesbury, in accordance with Section 37. Services may also be subject to different cancellation and refund terms, which are outlined in the applicable service agreements.

39. How can I restore my services if they have been restricted, blocked, suspended, disconnected, or terminated by IGS Hawkesbury?

IGS Hawkesbury may, at its sole discretion, restore your services, with or without conditions, which may include:

a) full repayment of amounts owed to IGS Hawkesbury;

b) compensation for costs incurred by IGS Hawkesbury in connection with your violation of the service terms, including costs incurred to enforce your obligations;

c) modification of your fees on a continuous basis.

40. What happens to a credit balance on my final bill?

In general, IGS Hawkesbury customers do not have a credit balance on their final bill. However, if circumstances result in a credit balance on your final bill, you can request a refund of that credit balance within sixty (60) days of receiving your final bill. To obtain your refund, you must visit our head office located at 186 Main Street East, Hawkesbury, Ontario, between 9 a.m. and 5 p.m., Monday to Friday, excluding provincial or federal holidays in Ontario.

41. Do I need to meet certain criteria to enter into this agreement?

Yes. By entering into this agreement, you represent and warrant that you have reached the age of majority in the applicable province or territory of Canada and that you have the legal right and capacity to enter into this agreement, as well as to use the services in accordance with this agreement.

42. What is the process for unresolved disputes with IGS Hawkesbury?

The billing dispute resolution process is described in Section 11 of the service terms. More generally, if you have a dispute related to the services, software, equipment, this agreement, or any statements made outside the scope of this agreement, we intend to resolve the dispute quickly and fairly, and we will work in good faith with you to do so. If you have tried to resolve the dispute with us but are still not satisfied, you have the right to pursue other means to do so. Any unresolved dispute may be submitted to optional arbitration before a single arbitrator. In this case, the arbitrator's fees will be equally divided between the parties.

If you are a consumer or a small business with a monthly bill of less than $2,500, you can address certain types of complaints to the Commission for Complaints for Telecom-television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). The CCTS is the consumer protection agency in telecommunications designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to handle certain disputes involving individuals and small businesses regarding telecommunications and television services. The CCTS accepts complaints related to service delivery, contractual disputes, billing, credit management, and unauthorized service transfers.

43. Which court has jurisdiction over claims related to the agreement?

Unless the CRTC, the CCTS, or an arbitrator has jurisdiction, by entering into this agreement, you agree to the exclusive jurisdiction of the courts located in the province where your billing address is situated. However, if your billing address is outside Canada, you submit to the jurisdiction of the province or territory where the services are provided.

44. What laws govern this agreement?

The agreement is governed exclusively by the laws of the province or territory where your billing address is located and is interpreted accordingly. However, if your billing address is outside Canada, the agreement is governed exclusively by the laws of the province or territory where the services are provided.

45. What happens if certain parts of this agreement become unenforceable?

If any part of this agreement becomes obsolete, prohibited, or unenforceable, the other provisions of the agreement will continue to apply to you and IGS Hawkesbury. Even if IGS Hawkesbury decides not to enforce any part of this agreement for any period of time, that provision remains valid and IGS Hawkesbury may enforce it later.

46. Can this agreement be transferred?

IGS Hawkesbury may, at any time, transfer or assign this agreement (including any rights concerning customer accounts), in whole or in part, without notice or consent from you. You may not transfer or assign this agreement, your accounts, or the service without prior written consent from IGS Hawkesbury.

47. Do the terms or obligations of this agreement apply after cancellation or expiration of the agreement?

Yes. The cancellation, transfer, or expiration of a service agreement or this agreement does not release you or us from any obligations that arose prior to that event, including, but not limited to, the obligation to pay any amounts due for the services.

48. How can I contact IGS Hawkesbury?

To communicate with IGS Hawkesbury for any reason, including sending notices under this agreement, you can reach us at the following contact information:

• By phone: 613-632-4075
• By email: billing@hawkmail.ca

49. How can I contact IGS Hawkesbury for technical support?

Unless stated otherwise in a service agreement, IGS Hawkesbury provides technical support for its services from 8 AM to 8 PM Monday to Friday, and from 9 AM to 5 PM on Saturday and Sunday, excluding provincial and federal holidays. For technical support, you can contact IGS Hawkesbury using the contact information provided in section 48 above.

50. Where should I return the equipment?

You can return the equipment by mail or in person to the following address:

IGS Hawkesbury
186 Main Street East
Hawkesbury, Ontario K6A 1A5
Canada