In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Home Phone Services, Fibernetics shall not be liable for any resulting delay in commencing the Home Phone Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Fibernetics in order to install or restore the Home Phone Services. (this is currently in the Ts and Cs)
Fibernetics shall use reasonable efforts to deliver and install the High Speed Internet Service by the estimated activation date. However, delays may occur due to such factors as the Customer's availability or the acts or omissions of third party suppliers or providers. Fibernetics does not guarantee that Services shall be delivered and installed by a specific activation date.
Fibernetics does not make any guarantees on the speed of the Customer's connection due to the fact that speeds vary by the distance between the Customer's location and Fibernetics' central office or remote server. The High Speed Internet Service speed is up to the advertised upload and download speeds listed on www.worldline.ca. For example, the speed 'up to 6 Mbps' means that the Customer can expect speeds 6Mbps or less.
The Customer must request credit within thirty (30) days of the validated interruption, failing which the Customer forever waives its right to any credit for such outage. Fibernetics reserves the right to determine in its sole and absolute discretion if an interruption is considered a validated interruption.
If Services are interrupted for a period of at least 24 hours after notice by the Customer to Fibernetics, an allowance equal to 1/30th of any fixed billing cycle charges for the affected Service shall apply to each full 24 hour period during which the interruption continues. Credit in any billing period shall not exceed the total average monthly charges for that period for the affected Service. No allowance shall apply to any non-recurring or usage charges. The Customer's sole and exclusive remedy for Service interruption shall be the credit outlined above.
No credit shall be provided for interruptions due to the following:
oi. the failure of any component, equipment, wiring, network or system provided by the Customer or a third party;
oii. network maintenance by Fibernetics;
oiii. Force Majeure events;
oiv. acts or omissions, negligent or otherwise, of the Customer or a third party, or any breach of any term or condition by the Customer of the Master Services Agreement or any schedules or addenda attached thereto.
Home Phone Services 9-1-1 emergency dialing may not be available: during a power outage, network failure, if the Customer's computer, system, equipment or wiring is malfunctioning, in the event of suspension or disconnection of the Home Phone Service because of billing issues or breach of terms of service, due to any disconnection or suspension of underlying broadband access service or due to a Force Majeure event (as defined in this Agreement). Home Phone Services 9-1-1 emergency dialing will also be unavailable during a broadband internet outage. If there is a power outage, the Customer may be required to reset or reconfigure the ATA or modem (as the case may be), prior to being able to use the Home Phone Service, including for 9-1-1 dialing purposes.
For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer as compared to traditional 9-1-1 calls placed from a fixed location known to the emergency service provider.
The Customer acknowledges and understands that Fibernetics will not be liable for any service outage and/or inability to dial 9-1-1 using the Home Phone Services or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FIBERNETICS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FIBERNETICS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.