2) PAYMENT

Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. Qrnetworks Inc. requires prepayment for services and accepts credit card payment, cash, money orders or certified cheques. Payments are due every month on the date specified in the service orde, or upon receipt of invoice. Prepaid plans are automatically renewed on the anniversary date. Overdue amounts may be subject to interest fees of 1.25% per month (16.07% per year).

The rendering of an invoice(s) by Qrnetworks Inc. Inc. shall be construed as an offer to extend this agreement and the payment of such invoice(s) by customer shall be construed as an acceptance. If such invoice(s) are not paid within fifteen (15) days of presentment, in the legal money of Canada, Qrnetworks Inc. Inc. may terminate this agreement and discontinue services.

For bundle packages, the acceptance of the order is conditional on the payment of the first invoice which includes the activation and installation fees, and service charges for the initial billing period. The payment is non-refundable unless Qrnetworks Inc. cannot provide the service to the Customer.

In the event of a payment default, any outstanding amount becomes immediately payable and due. A twenty-five dollar ($30.00) charge may be applied for any payment items returned by the bank. In the event of returned preauthorized charges to a bank or credit card, Qrnetworks Inc. may attempt to process payment before the next regularly scheduled payment.

A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.

If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify Qrnetworks Inc. in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. Qrnetworks Inc. reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.

2.1) REFERRAL PROGRAM

Qrnetworks Inc. may offer referral programs from time to time and reserves the right to modify or cancel any such program at any time. All referral accounts, including those linked to or receiving any service credit for referrals must be in good standing at all times for any credit to be applied.

3) SERVICE SUSPENSION

In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, Qrnetworks Inc. may suspend service without prior notice.

Qrnetworks Inc. may impose a charge of up to $50 for disconnection of each Service and a separate charge of $75 for reconnection of each Service, and the Customer shall pay to Qrnetworks Inc. all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by Qrnetworks Inc. following a reconnection request.

Orders are subject to credit approval and in the event of unacceptable credit risk, Qrnetworks Inc. may interrupt some or all services or features without prior notice.

4) LIMITATION OF LIABILITY AND INDEMNIFICATION

Qrnetworks Inc. will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. The aggregate liability of Qrnetworks Inc. to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL Qrnetworks Inc., ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE Qrnetworks Inc. 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT Qrnetworks Inc. WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5) PRICES AND SERVICE FEES

Prices for services and/or discount rates may be subject to change upon written notice. In such cases, the customer will be informed thirty (30) days before the effective date. Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.

A moving fee of $50 (plus applicable taxes) for  DSL/FTTN Internet service may apply for each service address change.

In the event of non-maintenance related interruptions, Qrnetworks Inc. may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.

Service orders may be subject to credit approval and in the event of unacceptable credit risk, Qrnetworks Inc. may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice.

6) EQUIPMENT PROVIDED BY Qrnetworks Inc.

The Customer agrees to maintain and operate any equipment, software and services provided by Qrnetworks Inc. in compliance and in accordance with the applicable operating instructions provided by Qrnetworks Inc.. If Qrnetworks Inc. provides equipment to the Customer, a shipping fee of $9.95 will apply. Such equipment will remain the property of Qrnetworks Inc. unless it has been purchased by the Customer. The Customer agrees to return any equipment owned by Qrnetworks Inc. upon request.

The equipment is to be returned to Qrnetworks Inc. within fifteen (15) business days of such request or following the cancellation date. In the event that the equipment is not returned by the Customer, Qrnetworks Inc. reserves the right to charge for such equipment the lesser of the current Customer purchase price and the price described in the Service Order. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, Qrnetworks Inc. reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment.

Customer Premise Equipment (CPE) that is supported by our vendors may change periodically. Should the equipment no longer be supported, the client will be responsible for the cost of purchasing new CPE. Refunds are not available for end-of-life CPE.

For customers who opt to source their own CPE from alternative vendors, Qrnetworks Inc. will not be responsible for any downtime associated with equipment issues, and customer must replace such CPE at own cost.

The obligations listed in this section above will survive the expiration or termination of the service agreement.

7) EQUIPMENT PURCHASED FROM Qrnetworks Inc.

The sale of any equipment shall be final and the equipment may not be returned or exchanged without the consent of Qrnetworks Inc.. Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date for parts and labour. Qrnetworks Inc. will replace any defective equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify Qrnetworks Inc. promptly so that Qrnetworks Inc. may arrange to make the necessary assessment.

8) REMOTE SUPPORT AND MAINTENANCE

In order to provide The Service to its Customers, Qrnetworks Inc. may directly or through a third party connect remotely to Equipment such as but not limited to modems, Internet Telephone Adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.

In addition to the above, for the purposes of correcting or analyzing service problems, Qrnetworks Inc. may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.

Qrnetworks Inc. may, without any liability, interrupt the services for technical or maintenance purposes. Where possible Qrnetworks Inc. shall provide advance notice advising the Customer.

9) FORCE MAJEURE

Notwithstanding any other provisions, Qrnetworks Inc. shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.

10) TRANSFER OF ACCOUNT

This account shall not be assigned or transferred in any way whatsoever without the prior written consent of Qrnetworks Inc. which may be withheld at its discretion.

11) CANCELLATION OF SERVICE

Accounts are automatically renewed at the anniversary date. Cancellation of service requests must be communicated to Qrnetworks Inc. in advance of the desired cancellation date via email to billing@Qrnetworks.ca and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of residential high speed Internet service, television, residential telephone or long distance services will be effective on the last day of the current billing period. The Customer must return any Qrnetworks Inc. owned equipment prior to Qrnetworks Inc. refunding any deposits or credits due to the customer.

12) DELETION OF MESSAGES AND DATA

Upon termination of the Service, Qrnetworks Inc. is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer.

13) ACCEPTABLE USE POLICY

The Customer agrees to abide by these general terms and conditions and the Service specific terms and conditions found herein.

14) UNAUTHORIZED ACCESS

Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.

15) VIOLATION OF THIS AGREEMENT

Use of the Service in a manner which Qrnetworks Inc., in its sole discretion, believes violates this Agreement, may result in Qrnetworks Inc. taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. Qrnetworks Inc. shall not have any liability for any such responsive actions.

The above described actions are not the exclusive remedies of Qrnetworks Inc. and Qrnetworks Inc. may take any other legal or technical action it deems appropriate.

Qrnetworks Inc. reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, Qrnetworks Inc. may suspend The Service(s) involved.

16) NO WAIVER

The failure of Qrnetworks Inc. to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

17) SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.

18) PRIVACY POLICY

A copy of our privacy policy is available upon request, and can be viewed in the Legal section of www.Qrnetworks Inc.com.

TERMS & CONDITIONS for INTERNET SERVICES (Herein referred to as “The Service”)

1 – THE SERVICE

(a) Service Description

Qrnetworks Inc. provides a variety of High Speed Internet Access services.

(b) Normal residential, non-commercial use of the Service and Equipment

The Qrnetworks Inc. residential Internet Service is designed for personal use. The Customer may not use the Service for commercial purposes. To ensure fair and proportional access to its network by all customers, The Customer may not run disproportionally high-bandwidth or high-load servers or applications in connection with the Service.

Where applicable, The Customer must comply with the current data storage and other limitations on the Service. Qrnetworks Inc. reserves the right to change the Service plan’s data transfer speeds or data transfer thresholds upon notice.

UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF Qrnetworks Inc. AND PAYMENT OF APPLICABLE FEES.

(c) Customer responsibility

The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his computer equipment and assumes all liability for such use of the Service. The Customer will be responsible for ensuring that all such other users understand and comply with these Terms and Conditions.

The Customer remains responsible at all times for his computer equipment and must ensure that his computer equipment does not allow, and takes steps to prevent, unauthorized access. This includes but is not limited to, setting strong wireless passwords, limiting physical access to equipment to authorized persons, utilizing up-to-date anti-virus and firewall software.

The Customer is responsible for any content posted, stored, transmitted, disseminated or accessed by the Customer through his use of the Service. Any questions or complaints the Customer may have regarding content should be addressed to the content provider. The Customer is solely responsible for information published on the Internet through use of the Service.

In addition, The Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede the ability of Qrnetworks Inc. to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES. THE CUSTOMER SHOULD SEEK PROFESSIONAL ADVICE BEFORE RELYING ON USE OF THE SERVICE FOR MEDICAL OR SECURITY PURPOSES.

(d) Prohibited activities

Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:

• Publishing content which violates copyright or intellectual property rights of others. The customer assumes all risk regarding their published content;
• Engaging in fraudulent activities such as, but not limited to, pyramid or illegal soliciting schemes;
• Impersonating any person or entity, or forging anyone’s digital or manual signature, including forging of email headers – your true address must remain visible and accessible to recipients;
• Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
• Attempting to circumvent or breach network or system or service security measures put in place by Qrnetworks Inc. or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
• Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
• Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam;
• Indiscriminately sending unsolicited, unwanted, or inappropriate messages in mass quantity (spam, mail bombing – multiple copies of a single message to the same recipient, or any application or environment specific messaging);
• Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual.
• User machine, network or service, overloading a service, seizing and abuse of operator privileges and attempting to “crash” a host;
• Transmitting any content or software that contains a virus, malware, trojan, exploit or other harmful code or feature.

(e) Internet traffic management policies (ITMP)

Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by the Qrnetworks Inc. High Speed Internet Service. While Qrnetworks Inc. is constantly investing in its network in order to ensure a high quality Internet service, significant increases in traffic demand may occasionally result in congestion on such shared networks.

Qrnetworks Inc. has designed its Internet Quality Management system to minimize the impact for most users during congestion periods. The Qrnetworks Inc. Internet Quality Management system works by identifying types of Internet traffic that are more sensitive to congestion and delays and prioritizing such traffic when necessary. The system identifies traffic types at all times in order to react immediately in case of network congestion. Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality Internet experience for the most users possible.

Internet traffic is identified and, if necessary, prioritized based on four groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second and third priority groups consist of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The fourth group includes applications that are traditionally less popular with our customer base as a whole.

Normally all Internet traffic will be delivered at full speed. During congestion periods, Customers should see no change in the quality of their Internet experience when using time-sensitive Internet applications. Customers using less time-sensitive applications may notice a decrease in their download/upload speeds until the temporary network congestion has passed.

(f) Monitoring of activity

Qrnetworks Inc. reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.

Qrnetworks Inc. may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.

(g) Ownership of identifiers

The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to IP addresses, E-mail addresses, login credentials or personal web page URLs.

Qrnetworks Inc. MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.

Qrnetworks Inc. is not responsible for the delivery of email sent to any account which has been suspended or terminated. Such E-mail will be returned to sender, ignored, deleted, or stored temporarily, at the sole discretion of Qrnetworks Inc..

(h) End-user licenses

The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.

(i) Diagnostic Maintenance Charges

A maintenance charge will be applied to any account as a result of a request for a diagnostic maintenance on a DSL account where no fault was found on the Bell company facilities or equipment. Should an internal jack or line require installation you will be charge $99.95 + Tax for any work outside the residence no charges will be applied.

(j) Cable Line Installation and rescheduled visits.

If we have to install or rescheduled your Cable line installation a technician may need to gain access into your service location. Please have someone over the age of 18 available during this date and time frame to allow the technician access to avoid any delays. Please call our technical support line two business days after receiving your confirmation message to verify your installation date. If the technician is missed, there will be a $35.00 fee for each missed incident.

Privacy CONDITIONS for the free VPN SERVICE (Herein referred to as “VPN Service”)

No activity logs. Qrnetworks Inc. does not see or record which websites you visit. We never log the destination or contents of your traffic, and we run our own private, zero-knowledge DNS on every VPN server for added privacy and anonymity.

TERMS & CONDITIONS for TV SERVICE (Herein referred to as “The Service”)

Qrnetworks Inc. TV service and equipment are provided or sold to the Customer for personal, residential, non-commercial use ONLY at the location identified in the Service order or contract.

(a) Customer responsibility
The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his equipment and assumes all liability for such use of the Service. The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) pay-per-use, video on demand and/or other fees according to the rate in effect at the time of usage. Pay-per-use and video on demand charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform Qrnetworks Inc. if the device has been stolen, tampered with or used by unauthorized persons or if the device has been altered in any manner in violation of these Terms and Conditions.

The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.

In addition, The Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede the ability of Qrnetworks Inc. to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES.

(b) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:

• Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
• Attempting to circumvent or breach network or system or service security measures put in place by Qrnetworks Inc. or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
• Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
• Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms and Conditions, which includes the facilitation of the means to spam;
• Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual.

(c) Monitoring of activity
Qrnetworks Inc. reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.

Qrnetworks Inc. may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.

(d) Ownership of identifiers
The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to TV Service Account Numbers, Server IP addresses, or login credentials.

Qrnetworks Inc. MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.

(e) End-user licenses
The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.

(f) Price Volatility and Regulation
Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) or changes in legislation may have a direct impact on content and transmission costs of Qrnetworks Inc. TV services, powered by Qrnetworks Inc. Inc. As such, the price for TV services may have a certain volatility. While Qrnetworks Inc. will take reasonable steps to ensure price stability, certain price increases may be passed on to the Customer and are beyond the control of Qrnetworks Inc..