AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Netcrawler Inc, doing business as Netcrawler (“Netcrawler“, “we”, “us”, or “our”), concerning your access to and use of the www.netcrawler.ca website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  1. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  3. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  4. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  5. Make improper use of our support services or submit false reports of abuse or misconduct.
  6. Use the Site in a manner inconsistent with any applicable laws or regulations.
  7. Engage in unauthorized framing of or linking to the Site.
  8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Delete the copyright or other proprietary rights notice from any Content.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. Use a buying agent or purchasing agent to make purchases on the Site.
  21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
    3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
    4.  Your Contributions are not false, inaccurate, or misleading.
    5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    9.  Your Contributions do not violate any applicable law, regulation, or rule.
    10.  Your Contributions do not violate the privacy or publicity rights of any third party.
    11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
    12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SERVICE(S)

Service Limitations, Performance and Availability

NETCRAWLER DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) CAN BE INSTALLED AT YOUR LOCATION, or that the installation will occur according to schedule, even if your order has been accepted by Netcrawler. The availabilities depend on the local facilities and corresponding carrier(s) (listed but not limited to Bell, Rogers or Cogeco). The actual speed to be installed is dependent upon the on-premise condition, and the decision of technicians. Netcrawler does not have any obligation in case that the installation of the Service(s) fails for any reason.

Netcrawler does not warrant or guarantee that the Service(s) or the provided Equipment(s) will be compatible to your own equipment, or the equipment(s) and/or service(s) offered to you by third-parties. It is your responsibility to ensure that your existing service, software, or equipment is compatible with the Service(s) provided by us.

NETCRAWLER DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE. Interruptions might happen under circumstances, which includes but not limited to: scheduled maintenance, server upgrades, power outage, construction, act of god, malicious network attacks or force majeure. By using the Service(s) provided by Netcrawler, you assume all risks associated with the use of the Service(s) under any high-risk conditions, in which damage or injury may result if error software occurs. Netcrawler will provide a 60 day refund when service interruption can not be reasonably resolved and interruptions remain ongoing.

Netcrawler does not warrant or guarantee that its Service(s), , or Equipment(s) will perform at a particular speed, bandwidth, or data throughput rate. In addition, NETCRAWLER DOES NOT GUARANTEE THE WIRELESS(WI-FI) SPEED, COVERAGE, OR PERFORMANCE. All Service(s) is provided on a Best Efforts Basis. The quality of services is dependent on numerous factors, some of which are beyond our control, including but not limited to: signal interference, equipment failure, exposure to elements, the distance from the customer to our network equipment, the usage by other customers in that geographic area. Internet speed may also be affected by traffic management practices, if any, that are applied to the service. All Service(s) is provided on a Best Efforts Basis.

Service change

The Service(s) may be changed and/or moved, provided that you request for such change, and the costs are covered by you and not refundable, which may include any downgrading, upgrading, moving, relocation, reconnection fee and other costs necessary to complete the request. You will be informed of the costs before any such changing/moving request is finalized.

The service fee may increase/ decrease during the service period as Netcrawler does not offer contract services. However, we will give you at least 30 calendar days written advance notice by email, letter, on your bill or posting the notice on our website. This notice will clearly identify the change and provide the effective date. The below may be included:

  • Service availability changes
  • Service reliability changes and physical line degradation
  • Discrepancy between your service address and actual address
  • Discrepancy between your address type and actual address type

 
Installation

Netcrawler reserves the right to charge customers a service fee of $125 + tax when a service call is requested for issues that are not related to Rogers cable infrastructure or Netcrawler equipment.

Charges, Payment and Credit

Netcrawler Internet service is pre-paid, and customers are required to pay prior to the commencement of the billing cycle of the Services subscribed for. Netcrawler Services are charged by the billing cycle of every thirty (30) calendar days.

If we do not receive a payment of the amount due on your account by the specified required payment date, it will be subjected to a late payment charge of $2.50 to your regular bill per month. You agree that if your account has an unpaid final balance or you have not returned Equipment., we can charge any unpaid and outstanding amount, including any late payment charges, on any payment method on your account (e.g., a credit card or bank account withdrawal). In case we fail to charge you, we may assign your account to a collection agency after your account has been cancelled at any time, 1) if the contact information for your account is no longer valid; 2) 30 days after the cancellation date, if your account was cancelled for non-payment or any other reasons.

The first recurring payment for Service(s) is due on the first day of the billing cycle. Residential accounts are required to be paid through automatic payments such as credit cards. You shall pay in full all applicable monthly service rates, equipment rental/purchase fees, installation fees, monthly recurring fees, shipping fee, and other amounts, fees and charges, if any, together with all applicable taxes, noted in these terms or identified to you when you subscribe for our services, purchase or rent equipment, or as otherwise identified to you by Netcrawler from time to time. Netcrawler will bill you monthly in advance, and you are liable for and shall pay Netcrawler when due, on a monthly basis.

If customer requests extra service or changes that requires additional human capital, then we may apply an additional service processing fee. Any residential account that is 15 days past due will be suspended until payment has been received in full. If an account has been suspended due to non-payment, no credit will be issued for the days without service. If service is suspended due to non-payment, there will be an extra $15 plus tax restoration fee to resume your service. Accounts more than 20 days past due will be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee where applicable.

Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of the applicable bill. Failure to notify us within this time period means that you have accepted those charges.

Netcrawler only begin counting credits by day(s) from when you call in, to the date that your internet issue is fixed. Any and all credit given to you by Netcrawler will be applied as service credit, which can only be used in the Service(s) that Netcrawler provides. This credit cannot be cashed out, refunded to credit card or used otherwise.

Chargeback

Chargeback is a request that the customer files directly with an issuing bank to reverse or invalidate a processed payment. A chargeback is typically caused when a customer disputes a charge that appears on their bill. When you chargeback through issuing bank, Netcrawler will cooperate with your issuing bank for the chargeback investigation. Netcrawler reserves the right to suspend or terminate any Service(s) or activities under your account until the case has been resolved between bank(s) and Netcrawler. Netcrawler reserve the right to charge a portion of the charge back processing fee $50 each time.

Equipment

“Equipment” means any device, equipment or hardware used to access the service(s), or used in conjunction with the Service(s), including any modem or other hardware purchased or rented from Netcrawler.

Except for the Equipment that you have fully paid for, all equipment installed or provided by Netcrawler remains our property and you agree that:

  1. You will take reasonable care of our equipment.
  2. You may not sell, lease, mortgage, transfer, assign or encumber our equipment.
  3. You may not re-locate our equipment without our knowledge and permission.
  4. You will return our equipment to us at your own expense upon termination of the services to which the Equipment relates.

If such Equipment is lost, stolen, tampered or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned and received by Netcrawler within thirty (30) days of the cancellation date regarding your Service(s), you agree to pay us the un-discounted retail value of such Equipment.

The un-discounted retail prices are:

  • Modems: $169 + tax
  • Routers:  $89 + tax
  • Mesh Routers: $170 + tax

If your Equipment is lost, stolen or destroyed, you must immediately notify us immediately at [email protected]

If you have sold, leased, moved, transferred, assigned, or acted otherwise which causes the equipment to be relocated other than the original installation location, or to be used for a different service provider, the modem warranty is void and cannot be transferred to the next location or service.

If you choose to cancel your service while the equipment was under renting condition, the rental equipment must be returned to Netcrawler. The security deposit will only be refunded, if the returned rental equipment is in good working condition subject to normal wear and tear.

You can choose to purchase the renting equipment by paying the full listed price. The security deposit may be applied in consideration to the calculation of full cost of the equipment.

Equipment Repair or Replacement

Netcrawler will repair or replace any defective modem purchased by you, and/or any defective modem or router purchased by you from Netcrawler, for a period of one year from the date of your receipt of such Equipment. Netcrawler reserves the right to make updates to, extend and/or modify the length of this warranty, based on the details of the promotion agreed between parties upon registration of Service(s). In addition, all warranties expire once customer’s service is cancelled or terminated. You can notify us by phone if you have an issue with your modem (the “Returned Equipment”). Once obtaining a permission from us, you can ship your Returned Equipment to us for examination and repair, with your ID number. This process can take up to two weeks, and is as follows:

  1. You need to ship the Returned Equipment, packaged in bubble packaging in the case of the modem, and in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories), in the case of modems, to Netcrawler at your own cost. Once received, we will test the Returned Equipment.
  2. If the issue arose due to physical damage which Netcrawler reasonably determines whether it was caused by you. We will notify you and give you the opportunity to purchase or rent a replacement modem or router. You will be charged for the Replacement Equipment, including shipping.
  3. If the Returned Equipment is in fact determined by Netcrawler to be defective, we will ship the Replacement Equipment to you, and you will need to send the Returned Equipment to Netcrawler at your own cost.
  4. If there are no issues found with the Returned Equipment, and they work under our test conditions, we will charge 30 dollars as restocking fees.

Netcrawler reserves the right to keep the deposit or charge device fees if equipment(s) are not received within 30 days after cancellation.

Once you have notified us, and assuming we have not been able to find a resolution through troubleshooting your issue by normal means of communication with you, you can elect to have us immediately ship you a Replacement Equipment before we have received or tested your Returned Equipment. In this way you can continue to enjoy your service without prolonged interruption during the return and review process which can take up to two weeks. In this case the following applies:

  1. After you have notified us that you have an issue with your Returned Equipment, we will immediately ship you the Replacement Equipment, and charge your account for the cost of the Replacement Equipment and shipping. This amount will be refundable as provided below.
  2. You will be required to ship the Returned Equipment to Netcrawler at your cost, and upon receipt we will test the Returned Equipment.
  3. If the issue arose due to physical damage, which Netcrawler reasonably determines that it was caused by you, we will notify you and do nothing further. You will be able to keep the Replacement Equipment, which will be considered as bought and paid by you.
  4. If the Returned Equipment is in fact determined by Netcrawler to be defective, we will fully refund you the amount charged.
  5. If there are no issues with the returned equipment, and it works under our test conditions, we will keep the Returned Equipment and refund you the cost of the Replacement Equipment minus the restocking fee of $30.

The one-year period referred to above shall apply from the commencement date of Service(s), including both the original Equipment(s) purchased, and any Replacement Equipment(s), so that this provision shall not apply beyond the end of the first year following the purchase of the original Equipment.

Please note that if you make a change to the shipment address for the Equipment, after you have signed up and we have shipped the Equipment, which may result in the need to reship the Equipment, there will be an added $10 cost for this re-shipment.

Your Equipment

It is your responsibility to ensure that your hardware meets the minimum requirements stated by Netcrawler as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.

Promotion

Any promotion or offering involving a discounting of the price of any of the Services (in each case a “Promotion”) commences upon the initial receipt of the Service or Services by our customer and end on the last day of the period stipulated with respect to that Promotion. The customer will be billed for the relevant Service(s) at the regular price for such Service as set out by Netcrawler or as otherwise communicated to the customer. It is understood and agreed that unless it is specified to the contrary, a promotion is available for a limited time only and may be changed or terminated at Netcrawler’s discretion, although such change or termination shall not affect the period of the Promotion for which a customer has already agreed to, under the premise that the customer is entitled to the benefits of the Promotion involved. For greater certainty this provision shall apply, at the sole discretion of Netcrawler, to all promotions whether they are signed up for by the customer directly with Netcrawler or through the Netcrawler’s distribution partners or agents.

Any promotion or offering involving a cash reward will be credited into customer’s billing balance, is to be deducted for future Service(s) charge and cannot be used otherwise. All the unused reward balance will be null on the cancellation date. This reward balance cannot be cashed out in any method during any time in service.

Netcrawler reserves the rights to determine when the promotion will end. (Example: promotion price cannot be applied for customer(s) moving to another location or changing into a new plan)

Telecom does not allow users to transfer their accounts to other people. Actions may be taken against your account if you violate the terms.

Netcrawler reserves the right of final interpretation on all the terms of its promotion.

If the Equipment experiences malfunctions during its intended use, Netcrawler, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, you agree that Netcrawler’ liability and your sole remedy is limited to a refund of charges or the replacement of such Equipment(s) by Netcrawler, provided that you notify Netcrawler immediately upon Equipment(s) malfunction. If it is determined that repair was not required or was required due to damage caused by you, you agree to pay Netcrawler cost necessary for such repair or replacement.

Upon cancellation or termination of Services, you agree to return the Equipment(s), which is owned by Netcrawler, at your own expense. You are responsible for the continuing charges of the Equipment(s) until its return. If you fail to return the Equipment(s) within the required time (30 days), Netcrawler may repossess the Equipment(s) at your expense, and/or may charge you for the replacement cost of such Equipment(s).

Compensation of service interruption. There is no compensation or remedy for the service interruption in the case of less than seven (7) days. Netcrawler has the sole discretion to decide the remedy amount of service interruption in the case of more than seven (7) days. The refund amount for internet service should be no more than your service payment. Netcrawler will only refund for those relevant internet service fees, such as, modem, installation and monthly fee. Netcrawler reserves the right and will not refund any remedy which not related to Netcrawler internet service. Netcrawler does not take any responsibility for all of the costs incurred under any condition.

You agree to follow our troubleshooting procedures, if Netcrawler need to send a technician for a service interruption through no fault of your own, such as defective equipment or other circumstances that are out of your control, we will cover the cost to send a technician to your premises. If, at Netcrawler’s sole discretion determined the cause of your service interruption is fully or partially due to your actions, such as damaging, tampering or using your own equipment, or wiring configurations within your premise, we may charge a dispatch fee of $79+tax for a technician visit.

Suspension, cancellation or termination

Service suspension requests have to be for at least 30 days and no more than 3 months. You need to call in to request the suspension and restoration of the Service(s). During the suspension period, we will continue to regularly charge you, once you call us back to restore your service, we will refund half of what we charged you during the suspension period as service credits. Before credits are added, Netcrawler will check if there were any usage during the suspension period. If there were internet usage for the account under suspension, then the refund may not be granted.

If you wish to resume your cancelled Netcrawler Service within 30 days after cancellation date or a new customer who wants to order a service for an address that had or currently have an active service, you must pay the applicable processing fee $69 as set by Netcrawler, plus applicable taxes.

Customer request for cancellation

Applicable to Residents of Ontario and Quebec, unless otherwise permitted by applicable law:

  • a. You may terminate any or all of your subscribed Service(s) at any time by contacting Netcrawler at the phone number, set out on the Netcrawler website at www.Netcrawler.ca, and speaking with a Netcrawler Team Member.
  • b. If your account has a credit balance over $10 at the time of termination, then we will refund that balance to you within 60 days of the date of termination. (Note: does not apply to promotional credit) If the Service(s) is terminated by either party, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.
  • All the credit balance applicable will be refunded back to the credit/debit visa that the customer paid from or by issuing a cheque with $5 processing charge. No other form (e-transfer/PayPal) is applicable.
  • d. Cancellation or plan changing must reported to us on live chat or by call center department (if available).
  • e. Upon return of your equipment a restocking fee of $30 is charged to clear the modem and router of your personal information.
  • Any amounts owing must be cleared by you, even if Netcrawler may suspend or terminate the service without any notice
    • Your service might be suspended without any notice when there is no payment by due date.
    • Netcrawler may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to Netcrawler for billing purposes.
    • We may block, suspend or terminate any or all of your Services or Accounts in any way, without notice or liability to you, if
      1. You fail to pay the invoice;
      2. You disagree or violate our policy, terms or conditions;
      3. You harass, threaten or abuse Netcrawler, its Service(s), our employees and/or agents;
      4. You are not willing to cooperate with our troubleshooting procedure.
      5. You violate any of the terms described in Section 9 and Section 12

Your Equipment

It is your responsibility to ensure that your hardware meets the minimum requirements stated by Netcrawler as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.

Netcrawler will not assume any responsibility for your acts, omissions or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Netcrawler and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

You acknowledge and understand that when using home networking and internet service, there are certain inherent risks (e.g. others may gain access to your system or you Services and Accounts). Netcrawler shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Netcrawler.

Monitoring

Netcrawler has no obligation to monitor the Service(s). However, in order to protect itself and its subscribers, Netcrawler will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Subscriber or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Netcrawler will not intentionally monitor or disclose any private information or e-mail message(s) unless required by law. Netcrawler reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

Intellectual Property

All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by Netcrawler Inc. All of them are recognized as valuable assets of their respective owners, and they may not be displayed or used by you in any manner for commercial purposes or copied in any ways for any purpose without the written permission of Netcrawler Inc that owns it. Netcrawler Inc reserves the right to withdraw the credit or terminate the account if any involvement of copyright and trademark violations without notice or liability to you.

Service Changes and Amendments to the Agreement

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.Netcrawler.ca. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://netcrawler.ca/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of Canada. Netcrawler Inc and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Whitby, Canada. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Canada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

You agree that we shall have no liability to you for any loss or corruption of any your data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Netcrawler Inc
[email protected]

Last updated: April 16, 2022