Terms Of Service
AnchorNet8235 St. Margaret’s Bay Rd, Black Point, NS
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
- SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
- Internet; and or
- Telephone; and or
- All the above
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
- TERM OFAGREEMENT
- The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
- In the event that either Party wishes to terminate this Agreement, that Party will be required to provide one day’s written notice to the other Party.
- This Agreement may be terminated at any time by mutual agreement of the Parties.
- Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in CAD (Canadian Dollars).
- The Client will be invoiced every month.
- Invoices submitted by the Contractor to the Client are due within 15 days of receipt.
- Any invoices 90 days past maturity may be subject to Collection Agency for reconciliation. The contractor takes no liability to clients credit record as a result of third party collection.
- REIMBURSEMENT OF EXPENSES
- The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
- All expenses must be pre-approved by the Client.
- Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
- OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.
- Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
- RIGHT OF SUBSTITUTION
- Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that the Contractor hires a sub-contractor:
- the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
- for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
- Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
- Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
- NO EXCLUSIVITY
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in electronic correspondence as provided by client and saved to clients profile. Client will be responsible to save, recall Terms of Service at clients discretion
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- ADDITIONAL CLAUSES
- FREE INSTALLATION TERMS & CONDITIONS
Installation defined as;
Modem & Router provision, activation and installation.
Provision of Equipment – client will be supplied one Modem and one Router at no cost to the client. Any additional hardware or equipment required to establish services to a client will be billed direct to client.
Any lost, stolen or damaged equipment may be replaced by contractor. However the client will be responsible and billed for the costs associated with any equipment(s) replacement at the total value of initial purchase by contractor
Activation of Equipment/Services – client will be provided hardware and equipment that have been registered with the vendor(s) for terms of service. Upon receipt of this Terms of Service, client is authorizing contractor to proceed with activation. Should client withdrawal from installation, postpone installation date or cancel services after equipment activation, the client will be billed for any service/activation fee’s the contractor has incurred.
Installation – contractor will provide installation of equipment at client residence/facility at no cost to the client. Devices can be placed at clients desired location in residence/facility should it have an active coax port. Should a desired location not have accessible active coax, the contractor may arrange for infrastructure to be installed at a cost to the client w/ authorization
Service Cancellation/Equipment Return
Upon cancellation of service, the client will be responsible to return the contractors equipment in full; device(s) and power cord(s); to the following address
Rosa Rugosa Seaside Market, 30 Highway 3, Hubbards, NS, B0J1T0
AnchorNet, 3045 Robie St, Unit 5, Suite 82, Halifax, NS, B3K4P6
Should the client need assistance on return of equipment, the client may be billed for any costs incurred by contractor
Should the client not return the equipment in it’s entirety; device(s) and power cord(s); the client will be billed for complete replacement of equipment for the total value of initial purchase by contractor.
- Appointment Terms
Appointment defined as;
Date and Time(window) agreed upon between the contractor and client for any arrangement of installation or contract work. Client must be present or have representation at the residence or facility at agreed upon Date and Time (window).
Appointment Windows – Contractor will only provide windows of opportunity for installations. Any specified time commitment(s) must be agreed upon prior to appointment and are subject to delays by contractor as a result of unforeseeable circumstances.
Appointment Cancellations – All cancellations must before notified to the contractor 24 hours in advance or be subject to any fee’s incurred by the contractor.
- Truck Roll / Third Party / Infrastructure Terms
Truck Roll defined as;
Appointment date and window with Third Party to establish infrastructure at clients desired place of service.
Should client have insufficient cable/wiring, contractor will arrange Third Party to “pull” coax from source to home.
Client will be made aware of appointment date and window by contractor as assigned by the Third Party. Client must be onsite or have representation for Third Parties appointment
Truck Roll Appointment – should a client miss or is absent from a Truck Roll appointment, the client will be billed by contractor for any costs incurred
Third Party/Contract Work – any projects or contract work required to establish services or desired networking is billable direct to the client.
Equipment/Hardware costs are due prior to contract.
Labor costs are due after contract is completed. Labor costs and estimates may differ from initial estimate should additional labor and equipment be required. These costs will be communicated to the best of the contractor ability to the client prior to billing
- Outages/Weather/Downed lines
Outages – please report any service outages to:
Weather – in the case of severe weather; service may be impacted due to substations power outage and or downed lines. If your residence/facility has power yet your service connection has been down for an extended period of time, please contact:
Downed Lines – Please report all downed lines to NS POWER 1-877-428-6004
NS POWER will confirm if there is any safety concern and if the cable is service related.
Once NS POWER confirms safety, please contact [email protected] should your AnchorNet Service be impacted.
- Hours of Operation:
Office Hours/Customer Service
Monday-Friday 9:00AM – 5:00PM
Contact: [email protected]
Phone: +1 902 488 2467
Emergency Service/ Afterhours
Our equipment is all centrally monitored and managed 24/7. If you do have an after hours outage or concern, please email [email protected] or call our emergency line +1 902 593 1447.
- MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
- TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
- ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of the Province of Nova Scotia.
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.