Phone and 9-1-1 Terms of Service

The following information applies to telephone services provided by Cloudwifi Inc. operating as a competitive local exchange carrier (CLEC).
These Terms of Service are current as of October 3, 2018 and are subject to change from time to time. Please visit www.cloudwifi.ca/legal for the most current Terms of Service.

TERMS OF SERVICE

Introduction

Thank you for choosing Cloudwifi. By using or subscribing to Cloudwifi’s telephone services (“Services”), provided by Cloudwifi Inc. and/or its partners and associates (collectively, “Cloudwifi” or “our”), you agree to the following terms and conditions of service (the “Terms of Service”).
These Terms of Service constitute the understanding between Cloudwifi and the customer (“you” or “your”) subscribing to all or any of the Services. These Terms of Service govern the Services and any devices and/or equipment, including, without limitation, fibre optics media converters, ethernet devices, analog telephone adapters, digital cable terminals, digital video recorders and software used in conjunction with the Services (“Equipment”). You acknowledge that the Equipment may be purchased by you and become “Your Equipment” (as defined below under the heading “Equipment, Installation, Maintenance and Return Responsibilities”) or be provided to you at no cost by Cloudwifi, in which case the Equipment shall be referred to as the “Rental Equipment”. By activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service as set out below. Cloudwifi recommends that you print a copy of these Terms of Service and the Acceptable Use Policy applicable to the Services to which you subscribe.

If you do not wish to be bound by these Terms of Service or any modifications which may be made by Cloudwifi from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact Cloudwifi.

In addition to the terms contained in these Terms of Service, these Terms of Service are also subject to the terms and conditions set out in the Cloudwifi Acceptable Use Policies applicable to the Services, and available at www.cloudwifi.ca, or as may be required by statute or regulation.
YOUR NON TERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES MADE TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AS MODIFIED BY SUCH CHANGES.

You can obtain more information about the Services and these Terms of Service by contacting Cloudwifi at 519-957-1942, 1-855-955-9434 or on-line at www.cloudwifi.ca.

Use of the Services

  1. The Services may only be used in accordance with the Cloudwifi Acceptable Use Policy applicable to such Services.
  2. The Equipment, technology and/or processes provided to you may be subject to intellectual property rights reserved by Cloudwifi or third parties. Nothing contained in these Terms of Service shall grant to you any right, license, title, or ownership of any intellectual property rights related to Equipment, technology, or processes of Cloudwifi or any third party.
  3. Cloudwifi, the Cloudwifi logo, and certain product or service names are trademarks of Cloudwifi Inc. You agree not to copy, display or use in any manner any of Cloudwifi’s trademarks without Cloudwifi’s express prior consent. Other product, information or company names mentioned in these Terms of Service may be trademarks of their respective owners.

Service Interruption/Cloudwifi’s Right of Entry

  1. Cloudwifi and/or its agents may interrupt and/or inspect the Rental Equipment and/or the Services at any time for any duration of time, without notice or liability to you, in order to install, inspect, repair, replace or perform necessary maintenance on the Rental Equipment, its facilities and/or network, or for other technical reasons as may be required.
  2. You agree to provide Cloudwifi access to the Rental Equipment (including reasonable access to the location the Services are provided (“Service Location”) as may be reasonably necessary under the circumstances. Cloudwifi’s employees/agents will show identification prior to entering the Service Location. Cloudwifi is only required to provide you reasonable notice if Cloudwifi needs access inside the Service Location. If you are not the owner of the Service Location, it is your responsibility to obtain and maintain access rights for the purpose of enabling Cloudwifi employees and/or agents to install, maintain and provide the Services at such Service Location.
  3. You understand that the Services do not function in the event of a power failure, regardless of where the power failure arises. In addition, a power failure or disruption may require Cloudwifi to reset or reconfigure the Rental Equipment, its facilities and/or network to reactivate the Services.

IMPORTANT: Cloudwifi does not warrant uninterrupted use of the Services and will not apply any rebate for service interruptions.

Equipment, Installation, Maintenance and Return Responsibilities

  1. Cloudwifi may install or cause to be installed the Rental Equipment in the Service Location. The Rental Equipment is provided for your use of the Services and will at all times remain the property of Cloudwifi. You will not sell, lease, transfer or assign the Rental Equipment. You may use the Rental Equipment only at the Service Location address you have indicated to Cloudwifi at the time you subscribe to the Services. You will not re-arrange, disconnect, remove, repair or otherwise interfere with the Rental Equipment nor will you relocate the Rental Equipment to another address without Cloudwifi’s prior written consent.
  2. Rental Equipment provided by Cloudwifi will be charged as part of the monthly Services fee, plus applicable taxes. Cloudwifi may require you to pay a Rental Equipment deposit prior to providing you with the Rental Equipment.
  3. You are responsible for the safekeeping of the Rental Equipment. If, while in your care, the Rental Equipment is damaged, lost or stolen you agree to pay Cloudwifi the full cost, including the costs incurred by Cloudwifi to recover, repair and/or replace the Rental Equipment. You hereby authorize Cloudwifi to charge your account and process payment for all Rental Equipment charges, plus applicable taxes, using any of the payment methods accepted by Cloudwifi for your account (including pre-authorized credit card or bank withdrawal).
  4. Any unauthorized attachments to the Rental Equipment or interfering or tampering with the Rental Equipment or unauthorized use of the Rental Equipment are prohibited and may constitute theft under the Criminal Code of Canada.
  5. You are required to return the Rental Equipment to Cloudwifi in good working order as follows (i) if your Services have expired or are terminated, within thirty (30) days of your Services being disconnected, or (ii) if Cloudwifi has replaced your Rental Equipment, within thirty (30) days of the replacement order.
  6. In the event that the Rental Equipment is not returned to Cloudwifi as set out above, you agree to pay to Cloudwifi a “Rental Equipment Non-Return Fee”, in an amount equivalent to the undiscounted retail value of the Rental Equipment, which amount will vary based on the type and model of the Rental Equipment, plus applicable taxes. The Rental Equipment Non-Return Fee will be applied and appear as a charge on your Cloudwifi account on the date (i) your Services have expired or are terminated, or (ii) a replacement order for Rental Equipment has been made, provided however that if the Rental Equipment has been returned to Cloudwifi within thirty (30) days as set out above, payment will not be processed and the Rental Equipment Non-Return Fee charged to your Cloudwifi account will be reversed. If the Rental Equipment has not been returned to Cloudwifi as set out above, payment for the Rental Equipment Non-Return Fee will be processed using any of the payment methods accepted by Cloudwifi for your account (including preauthorized credit card or bank withdrawal).
  7. For information about finding a Cloudwifi drop-off location near you and to arrange the return of the Rental Equipment you can contact Cloudwifi’s customer service on-line www.cloudwifi.ca) or by phone (1-855-955-9434). Cloudwifi is not responsible for any Rental Equipment which is stolen, lost in transit or is otherwise not received by Cloudwifi for any reason within the thirty (30) day return periods described above.
  8. All Equipment and devices purchased and paid for by you, which are neither returnable to nor refundable by Cloudwifi, and that you are required to supply for access and use of the Services or that you use in connection with the Services, such as routers, audio devices, telephones, home security and/or medical devices, fax machines, computer equipment or any other equipment and/or associated devices (collectively, “Your Equipment”) shall be and remain your responsibility. You agree that Cloudwifi is not responsible for any damage or loss to Your Equipment arising from your use of the Services. You further acknowledge and agree that Cloudwifi is not responsible for the installation, operation, maintenance, use or support of Your Equipment, including without limitation, the compatibility of Your Equipment with any Rental Equipment or the Services.
  9. You are responsible for supplying to Cloudwifi and any affiliates of Cloudwifi, at no cost or charge to Cloudwifi, all wiring inside the Service Location needed to connect to the Services. This includes the use of the in-building telecommunications wire extending from the main terminal room and/or riser closet to your suite. Cloudwifi has no obligation to maintain or repair any facilities or equipment owned by you.

Payment Terms

  1. You agree to pay Cloudwifi the total charges for access to and/or use of the Services, including, without limitation: fees applicable to installation; Rental Equipment rental, deposits, or non-return charges; processing fees, costs incurred by Cloudwifi and interest charges, if your account is past due; service calls; toll or long distance uses; calling cards; directory assistance uses; plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the access to and/or use of the Services (as all such fees may be changed from time to time). Cloudwifi will bill you each month in advance for the Services (usage based Services will be billed in arrears). Unless otherwise indicated at the time you place your order, all sales are final and no fees will be refunded if you cancel your Services.
  2. You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Cloudwifi. Payments made after the statement date on your invoice will be reflected on your next invoice. Amounts owing after the due date are subject to a late payment interest charge calculated on the outstanding amount at 2% per month (26.8% per year) until paid in full. If your account remains unpaid for 60 days, Cloudwifi may refer your account to a collections agency and you agree to pay a fee of $20.00 for services relating to the administration, processing, or service costs for your account (for example, collections efforts due to non-payment or suspension, disconnection or reactivation of your Services). You agree to pay Cloudwifi $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Payment of the full amount due will be required before the Services may be restored, provided Cloudwifi is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due or abuses Cloudwifi’s Acceptable Use Policy applicable to the Services.
  3. You are responsible to ensure that the billing information you provide Cloudwifi is accurate. You agree to promptly notify Cloudwifi of any changes in your billing information.
  4. You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by Cloudwifi to collect any amounts owing under these Terms of Service.
  5. If you are receiving the Services through a trial period offer, you agree that upon the expiry of such trial period, you will be bound by the payment requirements set out in this Section unless the Services are terminated in a manner set out below under the heading “Cloudwifi-Initiated Termination or Suspension” prior to the end of such trial period.

You must bring billing invoice questions and disputes to Cloudwifi’s attention within 60 days of the invoice date. Your failure to contact Cloudwifi regarding any invoice will constitute your acceptance of the invoice. Cloudwifi maintains discretion to disconnect services during a dispute if satisfactory payment arrangements have not been made by you.

Invoices can be paid by:

  • Pre-authorized debits
  • Internet or telephone banking
  • By cheque made to Cloudwifi

    • Credit and Security Deposit

    1. Cloudwifi reserves the right to examine your credit records at any time, whether before or after providing you the Services and may require a deposit or request other payment requirements such as interim payments at any time at Cloudwifi’s discretion.
    2. In twelve-month intervals, or whenever a customer requests, Cloudwifi will reassess the need for retaining a customer’s security deposit. A security deposit will be credited to a customer’s account after at least 12 consecutive months in good standing on all accounts with Cloudwifi.

    Address

    The customer may contact or visit the Cloudwifi Business Office to obtain information, make complaints or pay bills:

    Cloudwifi Business Office
    283 Duke St West, Suite 302,
    Kitchener ON N2H 3X7
    519-957-1942
    1-855-955-WiFi (1-855-955-9434)
    info@cloudwifi.ca

    Business hours are Monday to Friday, 8:00 am to 5:00 pm.

    Message Relay Service

    1. Message Relay Service is a text-based service that allows people with a hearing or speech impairment initiate phone calls with the help of an operator. Service access is done via a secured web page (chat interface) and requires Internet access and a compatible device for use. A specially trained operator will assist you by connecting your call to the intended hearing party and once connected relay the typed conversation by voice. You must properly register for Message Relay Services as indicated on the Cloudwifi website. We currently do not offer Message Relay Services outside Canada. Service is available 24/7 but subject to network availability, which may be affected by lack of Internet connectivity, power outages, and other interruptions in service. Cloudwifi makes no warranties that the service will be error free, uninterrupted or that defects in the service will be corrected. See Section 3 (Service Interruption) and Section 9 (9-1-1 Emergency Service) for additional information on 9-1-1 and Message Relay Service.
    2. There is no charge to the customer for this service. For more information and limitations about Message Relay Service, customers may contact the Cloudwifi business office.

    9-1-1 Emergency Service

    Cloudwifi provides VoIP (Voice over Internet Protocol) 9-1-1 service to customers. The nature of VoIP telephone calls, while aagppearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

    Differences between traditional 9-1-1 service and VoIP phone 9-1-1

    With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response centre.

    Placing 9-1-1 Calls

    When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

    How your information is provided

    The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

    Correctness of information

    You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

    Disconnections

    You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

    Connection time

    For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

    9-1-1 calls may not function

    For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

    1. Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and
    2. Changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with Cloudwifi.
    Alternate services

    If you are not comfortable with the limitations of 9-1-1 emergency calls, Cloudwifi recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

    Inform other users

    You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

    Liability

    You are advised to review this section with respect to Cloudwifi’s limitations of liability.

    You expressly release Cloudwifi, its employees, officers, directors, agents, contractors and shareholders from all losses whether direct or indirect, and any claim, liability, damages or costs suffered by the customer or anyone who uses the Service which arises as a result of an inability of any person to place a 9-1-1 call or as a result a failed or delayed response by emergency 9-1-1 responses services and the customer expressly indemnifies and saves Cloudwifi, its employees, officers, directors, agents, contractors and shareholders, harmless from any claim made by any person as a result of, or arising out of, the inability of any person to place a 9-1-1 call or as a result a failed or delayed response by emergency 9-1-1 response services.

    In addition to the above, remember:

  • Do not disconnect: Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.
  • Keep your service address up to date: Cloudwifi will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address.

    • Local Calling Area

    1. Basic residential and business telephone services provide local calling within the local calling area of the customer’s exchange.
    2. For all other residential and business telephone services, most landline and mobile destinations across the ten Canadian provinces are considered local calls. For a list of destinations that are excluded, please contact Cloudwifi. Unlimited calling plans are subject to Cloudwifi’s Acceptable Use Policy that is applicable to the Services and may exclude certain call types for which additional charges apply.

    Privacy and Call Management Features

    Call Management services such as Call Display, Call Return, Call Answer and Visual Call Waiting provides telephone number information to the called party. If you have concerns with these features or wish to deactivate them when placing calls, please contact Cloudwifi for more information (service charges may apply).

    Call Management features that are designed to help protect a customer’s privacy and are offered by Cloudwifi include:

  • Delivery of the privacy indicator when invoked by an end customer;
  • Provision of per line call display blocking to qualified end customer;
  • Disallowance of Call Return to a blocked number;
  • Enforcement of the CRTC’s restriction on Automatic Dialing Announcing Devices, Automatic Dialing Devices and unsolicited facsimiles; and
  • Provision of universal Call Trace;

    • Directory Policy

  • Customers may receive a copy of a current local telephone directory upon request to Cloudwifi.
  • The contents of directories may not be published or reproduced in any form without written consent.
  • In the case of errors or omissions in directory standard listings, whether or not the error or omission is with regard to a telephone number, Cloudwifi’s liability is limited to making a refund or canceling any charge associated with such listings for the period during which the error or omission occurred.

    • Disclosure of Customer Listing Information

    In accordance with CRTC requirements, Cloudwifi makes customers’ names, addresses and telephone numbers available to publishers of paper and electronic directories and to providers of operator services. The name, address and telephone number can be omitted from these directories/services by requesting, and paying for, a non-published telephone number.

    Non-Published Numbers

    Non-published numbers do not appear in the telephone directory and are not available from directory assistance operators. Non-published numbers are included in emergency 9-1-1 databases.

    Confidentiality of Customer Records

    Unless you provide express consent or disclosure pursuant to a legal power, all of your information kept by Cloudwifi, other than your name, address and listed telephone number, are confidential and will not be disclosed by Cloudwifi to anyone other than:

  • you;
  • a person who, in the reasonable judgement of Cloudwifi, is seeking the information as your agent;
  • another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
  • a company involved in supplying the customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
  • an agent retained by Cloudwifi to evaluate your creditworthiness or to collect the account, provided the information is required for, and is to be used only for, that purpose.
  • a public authority or agent of a public authority, if in the reasonable judgement of Cloudwifi, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

    • Express consent may be taken to be given where you provide:

  • Written consent;
  • Oral confirmation by an independent third party;
  • Electronic confirmation through the use of a toll-free number; or
  • Electronic confirmation via the Internet.

    • Certain of your information may also be released to a law enforcement agency, if Cloudwifi is required to comply with a request for the information.
    You authorize us to gather information on your credit experience from other suppliers. You also authorize us to provide credit experience information with your account with us to third parties.

    Cloudwifi’s Provision of Services

    Cloudwifi is not required to provide the Services where:

  • the Service Location is located outside of Cloudwifi’s service area;
  • you have failed to make payment of the amounts due for the Services and/or the Rental Equipment; or
  • Cloudwifi would have to incur unusual expenses to bring the Services to the Service Location, which you do not agree to pay.

    • Software and Firmware Updates

    You expressly agree to receive software and firmware updates in relation to the Services. Such updates may change, add or remove features and/or functionalities of the Equipment and/or the Services.

    Cloudwifi Account

    A Cloudwifi Account may only be registered by the customer subscribing to the Services. You are responsible for any and all Secondary Cloudwifi account holders added to the account and for ensuring their compliance with these Terms of Service and the Acceptable Use Policy applicable to the Services, to the extent such terms relate to their use. You agree to communicate any and all applicable notices from Cloudwifi to the Secondary account holders. You may only provide your immediately household members with a Secondary account.

    If Moving

    If you are moving, you are responsible to notify Cloudwifi at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by Cloudwifi and are not subject to a service agreement, these Terms of Service shall be terminated and you must return all Rental Equipment to Cloudwifi. If you are a Cloudwifi Digital Phone subscriber and you move to a new location within Cloudwifi’s serving area and you wish to transfer the Cloudwifi Digital Phone Services, including your current telephone number to the new premises, you must give Cloudwifi a minimum of 15 calendar days advance notice. You may only transfer your telephone number within the same exchange area. The ability to transfer the Services to a new location is dependent on the availability of the Services at the new location and subject to change depending on the available channel lineup, packages and pricing in the new location.

    Customer-Initiated Termination

    You may terminate the Services at any time by notifying Cloudwifi by phone at 1-855-955-9434 of your desire to terminate or by logging into your building’s online portal and clicking the cancel service button.

    You agree that if the Services are terminated for any reason you will:

  • pay Cloudwifi in full for any amounts due and outstanding for your use of the Services, plus applicable taxes, including any applicable early termination fees; and;
  • return any Cloudwifi-installed Equipment to Cloudwifi.

    • On or after expiry or termination of the Services for any reason, if your account has a credit balance, this credit balance will not be automatically refunded to you when Services expire or are terminated. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Cloudwifi of the credit balance amount.

    Cloudwifi-Initiated Termination or Suspension

    Cloudwifi may restrict, block, suspend or terminate all or any part of the Services immediately where you:

    1. fail to make timely payment on your account for the Services and, in the case of a termination, such failure has continued for more than 60 days;
    2. become bankrupt or otherwise insolvent;
    3. fail to provide Cloudwifi with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or Cloudwifi’s facilities or network;
    4. are in breach of any term or condition of these Terms of Service or of Cloudwifi’s Acceptable Use Policy applicable to the Services that you subscribe to; or
    5. if you relocate, alter, abuse or disconnect the Rental Equipment.

    For the situations listed above, Cloudwifi will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.

    Despite the above, Cloudwifi will not provide you notice of a proposed restriction, block, suspension or termination:

    1. if immediate action must be taken to protect Cloudwifi’s facilities, Rental Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority;
    2. if Cloudwifi believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination;
    3. if you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, these Terms of Service or Cloudwifi’s Acceptable Use Policy applicable to the Services you subscribe to; or
    4. in an emergency situation.

    If all or any part of the Services are restricted, blocked, suspended or terminated for cause, Cloudwifi is not obligated to restore the Services.

    If Cloudwifi agrees to restore your Services, a reconnection service charge may be applied. Cloudwifi cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of the Services. Any phone disconnection will be conducted in compliance with the CCTS Deposit and Disconnection Code.

    On or after expiry or termination of the Services for any reason, if your account has a credit balance, this credit balance will not be automatically refunded to you when Services expire or are terminated. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Cloudwifi of the credit balance amount.

    Cloudwifi’s Liability

    Cloudwifi shall not be liable for:

    1. any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service;
    2. any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
    3. your conduct, acts or omissions;
    4. any event beyond the reasonable control of Cloudwifi including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
    5. Cloudwifi’s failure, for any reason, to activate the Services on the activation date you requested or date provided to you by Cloudwifi;
    6. any defacement of, or damage to, the Service Location resulting from the attachment of any instruments, apparatus or associated wiring and/or the Rental Equipment furnished by Cloudwifi, or removal thereof, when such defacement or damage is not wholly caused by Cloudwifi’s negligence; and
    7. any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the Rental Equipment and/or the Services.

    Limitation of Liability

    1. IN THE EVENT OF ANY BREACH BY CLOUDWIFI, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY CLOUDWIFI, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM CLOUDWIFI PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO CLOUDWIFI IN THE PAST THREE MONTHS FOR THE SERVICES.
    2. UNDER NO CIRCUMSTANCES SHALL CLOUDWIFI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THESE TERMS OF SERVICE, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
    3. CLOUDWIFI SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE CLOUDWIFI HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING;
      1. CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES;
      2. ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE RENTAL EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
      3. CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE RENTAL EQUIPMENT AND/OR THE SERVICES.
    4. FOR THE PURPOSES OF THIS SECTION, ANY REFERENCE TO CLOUDWIFI SHALL INCLUDE CLOUDWIFI, ITS PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.

    Limited Warranty

    ALL RENTAL EQUIPMENT AND THE SERVICES ARE PROVIDED BY CLOUDWIFI “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. CLOUDWIFI DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE RENTAL EQUIPMENT AND/OR THE SERVICES. CLOUDWIFI DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. CLOUDWIFI DOES NOT WARRANT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

    Disputes and Governing Law

    1. ANY DISPUTES OR CLAIMS (“CLAIMS”) WHATSOEVER BETWEEN CLOUDWIFI AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO CLOUDWIFI AT PO BOX 27005, KITCHENER, ONTARIO, N2E 3K2 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST CLOUDWIFI RELATED TO ANY CLAIM. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST CLOUDWIFI. IF CLOUDWIFI HAS A CLAIM, CLOUDWIFI WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIOTELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM. THIS PARAGRAPH IS SUBJECT TO ANY PROHIBITIONS UNDER APPLICABLE LAW.
    2. THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE IN WHICH YOUR BILLING ADDRESS IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL UNDERSTANDINGS.

    Commissioner for Complaints for Telecommunications Services (CCTS)

    1. CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their broadcasting and telecommunications services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.
    2. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

    General

    1. You may not assign, resell or transfer the Rental Equipment or the Services to any person without prior written consent of Cloudwifi. These Terms of Service will ensure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and for the purpose of Cloudwifi shall benefit to any party that controls, is controlled by or under common control with Cloudwifi.
    2. Upon termination of these Terms of Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of Cloudwifi Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of these Terms of Service.
    3. The failure of either party to insist upon strict interpretation of these Terms of Service or to exercise any options set out in these Terms of Service, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.
    4. Cloudwifi does not grant you any right to use Cloudwifi’s logos, trademarks or trade names in any manner unless Cloudwifi give you prior written consent and/or grants you an appropriate license to use.

      5. Confidentiality

      Subject at all times to Cloudwifi’s Privacy Policy, Cloudwifi may disclose any information as is necessary to:

      1. satisfy any legal or regulatory requirement or governmental request;
      2. obtain, deliver, operate and market the Services; or
      3. protect Cloudwifi or its customers.