Internet Terms & Conditions

POWERBILL TERMS & CONDITIONS

Internet Contract

This is an agreed contract between “you” the person or business whose name appears on the bill and PowerBill Utility Billing Solutions Inc, (also referred to as “PowerBill”) third party sellers of Telus’ internet connection services (the “Services”). By using the Services, you agree to adhere to the terms and conditions outlined in this contract (hereinafter referred to as the “Agreement”).

PowerBill reserves the right to make modifications to this Agreement with the exception of key Agreement terms, including data usage limits, minimum monthly charge, commitment period and cancellation fee (the !key Agreement terms”), which we may not change without your consent during your commitment period. PowerBill will provide adequate notice of these changes, via email notifications.

You are not obliged to continue using the Services after an amendment to this Agreement is made. However, in the event you choose not to accept the changes, your sole remedy is to cancel the internet service, effective at the end of your current billing period. Cancellation fees may apply, along with any other charges or expenses as identified in this Agreement. If the change we make increases your obligation or reduces ours, cancellation fees will not apply. Your continued use of the internet service following any amendment shall be deemed to be your acceptance of the amended agreement, waiver of any additional notice requirements and agreement to pay for the internet service in accordance with the amended agreement.

You may not assign or transfer this agreement without PowerBill’s prior written consent. If any provision of these service terms is prohibited or unenforceable in certain circumstances, the remaining service terms shall apply and be construed in those circumstances as if such provision had never been written.

Customer Information:

By using the internet service and incurring charges for such use, you authorize PowerBill to obtain information about your credit history from credit reporting agencies, credit grantors, and consent to the disclosure of your credit history with PowerBill at any time.

You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and relevant information to manage your PowerBill account, communicate with you about account-related items on a timely basis, provide news and offers from PowerBill, and seek your views on PowerBill“s internet service.

Billing:

PowerBill will provide you with a monthly invoice in electronic format made available to you over the Internet, setting forth the charges incurred for use of the internet service. You are responsible for ensuring that you are subscribed to our monthly email notifications, and to check your online account every month for your invoices.

Regularly recurring charges are billed in advance.

The internet service provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the service or otherwise in accordance with these service terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these service terms may be charged on a one-time or

monthly basis, where deemed fit.

You may change your internet service at any time. However, cancellation fees will apply if you downgrade below the minimum. If you amend your internet service and re-contract, your previous contract will no longer be valid.

All bills are due within two days upon delivery to you. A $45 Non-Sufficient Funds (NSF) fee plus applicable taxes will be charged to your account for each pre-authorized payment that is refused by your financial institution.

Your account shall be considered past due (“Past Due”) when any payment has not been received by PowerBill on or before the specific due date indicated on the invoice, the account is in arrears (“Arrears”) when any payment is 30 days past the due date and the account will be considered in default (“Default”) if any invoices are 60 days past the due date. Interest charges of 2% per month will be applied to all past due invoices. If the account is in Arrears, PowerBill reserves the right to suspend all Services, without any liability, until all payments due by you are paid in full. If the account is in Default, PowerBill reserves the right to subject the account to collection and the additional charges related to the cost of collection, including without limitation recovery of its’ legal fees on a solicitor-and-own-client cost basis. All invoices, interest amounts due, late penalty fees due, additional collection costs and other expenses incurred, as well as any future expense obligations, will be due as invoiced and payable by you on demand, in addition to all standard provincial and federal taxes as applicable. In addition, PowerBill may choose to terminate this Agreement due to the Default status. In the case of a default termination no prior notice is required to be provided by PowerBill.

We may require a security deposit because of a credit check or your payment history. If you keep your account active and current for 12 consecutive months, this deposit will be returned to you as a bill credit. Should a balance remain, this will be returned as a refund. If you cancel your PowerBill account, we will refund the deposit, minus any amount that you may owe (which may include late payment and cancellation charges).

Service limitations

The Services, consisting of internet service offer a variety of access speeds and service plans. All internet service plans are subject to the availability of suitable equipment and facilities and consequently all internet service plans are not available at all locations.

Also, to ensure fair network access to all users, Telus may manage network resources using methods including, but not limited to:

• Allocation of bandwidth, which may limit the availability or speed of service
• Filtering for spam and malicious content, which may occasionally result in unintended                   blocking of inoffensive content
• Restricting the network access available to specific transmission protocols

Final confirmation of service availability for internet service high speed internet service cannot occur until the internet service high speed equipment is installed at your premises. If such equipment is installed by a Telus installer, you hereby authorize the installer to disclose to PowerBill the necessary information to confirm service availability for your premises. Reverse engineering of the internet service high speed service is not permitted. This means that you cannot have a higher upload than download speed. PowerBill does not guarantee that the internet service will operate with all equipment or software including, without limitation, all Internet applications and appliances.

You acknowledge that signal range and penetration of internet service’s wireless capabilities will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high-speed wireless gateway and your computer(s). The high-speed wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.

You acknowledge and agree that when using internet service’s wireless capabilities to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or internet service account. You should take all appropriate security precautions when using such wireless capabilities including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network.

PowerBill shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of internet service’ wireless capabilities including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.

Service Installation:

Installation options available for internet service high speed service (e.g., customer self-installation, Telus installation without a network interface card (“NIC”), Telus installation with a NIC) will depend upon your Customer Access Location and your service plan. Not all installation options are available at all Customer Access Locations or with all service plans. Details regarding available installation internet service,

including applicable fees, will be provided as a follow up to your application for service.

You authorize Telus, its employees, agents, contractors and representatives to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the internet service. Access to your premises will be at a time that is mutually convenient for you and Telus. You agree to comply with the terms of the quick install guide included on the troubleshoot documents provided.

In no event will PowerBill be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the internet service is missed, either by PowerBill or by any Telus installer.

Equipment:

You hereby agree not to sell, transfer, lease, assign any interest in or encumber all or any part of any Telus-owned high speed equipment (e.g., wireless gateway, high speed modem, POTS splitter) that has been provided for your use as part of the Services.

Support:

The Internet service Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the internet service website. Assistance is limited to your problems using the internet service and may exclude problems related to certain equipment and software. You acknowledge that charges may apply to certain support internet service. PowerBill cannot guarantee the resolution of any particular problem or internet service interruption.

During the term of this agreement, Telus will provide on-site support (including, repair or replacement of equipment that is defective in material or workmanship) for all Telus- owned equipment.

Content Warning:

You acknowledge that the internet service provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information

and material that is available through the internet service and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. PowerBill recommends that minors using the internet service be supervised by an adult.

Acceptable use of the internet service:

The internet service may be used only for lawful purposes. You agree that you will not:

• Post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam”
• Maintain a relay service open to the general public
• Scan or probe another computer system
• Obstruct or bypass computer identification procedures
• Engage in unauthorized computer or network trespass
• Engage in denial-of-service attacks
• Post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component
• Export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation
• Post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability or otherwise violate the rights or assist others to violate the rights of PowerBill or any third party. Such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation
• Post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence or otherwise engage in or assist others to engage in any criminal offence. Such offences include, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats
• Threaten, abuse or harass any PowerBill customer representative
• Share (except as necessary for use of your internet service in a home network), resell, reproduce, copy, distribute or redistribute any portion of use of or access to, the internet service or exploit the same for any commercial purposes
• Allow any other person or entity to engage in any of the foregoing activities while using your internet service account
• If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in the sections above, which involves your account, you agree to immediately notify PowerBill and provide PowerBill with assistance, as requested, to stop and/or remedy such violation.

• Without limiting any of PowerBill’s rights to suspend, restrict or terminate your internet service account as described elsewhere in this agreement, PowerBill may suspend, restrict or terminate your internet service account without notice if, in PowerBill’s discretion, you have violated any of the acceptable use rules set out in sections above.

Compliance measures:

In the event that PowerBill receives a complaint relating to use of the internet service by a customer, PowerBill may, without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.

Disclaimers:

You acknowledge and agree that:

• All use of the internet service is at your own risk
• The internet service is provided on an “as is” and “as available” basis
• PowerBill does not guarantee error-free or uninterrupted operation of the internet service.
• PowerBill is not responsible or liable for loss, deletion or alteration of any transmissions or data including, without limitation, any e-mail messages, for any material or data sent or received or not sent or received, or for any transactions entered into through or using the internet service including, without limitation, domain name registrations, renewals and transfers
• PowerBill is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of installation or maintenance of the internet service
• PowerBill makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the internet service, any other products or internet service supplied under this agreement or the networks of third parties. PowerBill expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.
• Without limiting the generality of the foregoing, PowerBill is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which PowerBill cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labor disturbance by the employees of another enterprise, or the unlawful acts of suppliers,

(iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which Telus does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over Telus“s network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with Telus“s network facilities.

Term and termination

This Agreement is in effect as of “Date” and remains in effect until either party terminates the Agreement as set out herein.

Upon the expiry of the term of this agreement, your internet service will continue on a month-to-month basis until you notify PowerBill that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month-to-month service.

You may terminate this agreement at any time by notifying PowerBill of the date you want the cancellation to be effective. If you cancel your service or if PowerBill cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is cancelled.

Rental equipment must be returned in good condition upon cancellation of service, otherwise the replacement cost will be charged to the account.

You agree to return any Telus-owned high speed modems, wireless gateways and associated devices within 14 days of termination of an internet service high speed service account, unless otherwise directed by PowerBill. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay the replacement cost plus applicable taxes.

This Agreement commences on the date that you agree to it and will continue as far as PowerBill provides Internet service to you. It may be terminated as described herein

PowerBill may change, modify, add, or remove portions of this Agreement (including any charges or fees within it) at any time and at our sole discretion. Before doing so, however, we will provide you with at least thirty (30) days advance notice of the proposed change. Notice will be considered given and effective on the date posted on the notice provided. Your continued use of our internet service following such notice is your acceptance of such modifications. The terms as and when posted supersedes all previous electronic and written terms of service. Your use of our Internet service constitutes your acceptance of this agreement.

Without incurring any liability whatsoever, PowerBill may suspend or terminate any or all the Services for any reason whatsoever, including, without limitation, where you the Customer:

• Fails to pay an account that is past due or provides payment by PAP or credit card which is not honored by Customer“s bank.
• Fails to provide or maintain a reasonable deposit or alternate security when requested to do so by PowerBill
• Fails to meet PowerBill“s credit requirements, or Customer becomes bankrupt or otherwise insolvent
• Uses or permits others to use the Internet service for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying, or offensive calls
• Charges or allows others to charge any other person for the use of the Internet service without PowerBill“s prior written agreement
• Harasses, threatens, or otherwise acts unreasonably towards PowerBill, its employees or agents, or in relation to the Internet service
• Uses or permits others to use the Internet service for resell
• Abuses the network with excessive usage as may be solely determined by PowerBill
• Uses or permits others to use the service for commercial or business use (if the Customer is an individual).

You may cancel/terminate this Agreement on the following terms:

• If you cancel or terminate this agreement before the end of your term, you will be responsible for the Internet Service Charge and related costs of any internet service supplied to you at $30 per month on the remaining term of the agreement.
• At the termination of this Agreement, for any reason, and after all amounts outstanding have been paid, if there is a credit balance greater than $5.00 CAD, it will be refunded to you via Interac e-Transfer and sent to the current email address on file at the time of such termination. If there is a balance less than $5.00 CAD, it shall be written off and the account shall be closed.

Termination of your account shall not relieve you from any amounts owing or other liability accruing under this agreement prior to the time that such termination becomes effective.

Due to the nature of Internet service provision, certain events may occur beyond our control, which make it impossible for PowerBill to provide Internet service as contemplated by this Agreement. If such events occur, we are not responsible for the provision of Internet service so long as same is impossible; nor are we responsible for compensation for such Internet service that cannot be provided. We will resume our obligations under this Agreement as soon as reasonably possible in such events and this Agreement will otherwise remain in full force and effect.

Indemnity and Waivers

You agree that PowerBill and its directors, officers, consultants, employees, agents and assigns shall have no liability of any nature whatsoever to you regarding the Services and you shall indemnify, defend and save PowerBill and its directors, officers, consultants, employees, agents and assigns harmless from any and all liability or claims made in relation to the provision of the Services on a full solicitor-and-own- client cost basis. You acknowledge and agree that PowerBill shall not be liable for any network, hardware, software or power failure or outages suffered by you during the provision of the Services. Furthermore, PowerBill shall not be liable for downtime costs or business interruption costs, or other costs associated with such downtime during the provision of the Services. You acknowledge and agrees that there are not any penalties, fines or other types of charges either implicit or explicit of any of the above failures which shall in all cases not be the responsibility of PowerBill.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The parties hereby attorn to the exclusive jurisdiction of the Courts of the Province of Alberta to resolve any disputes, interpretation, or enforceability of this Agreement.