APEX IMPERIAL GENERAL TERMS AND AGREEMENT OF SERVICE
1.0 Introductory Information
1.1 The following terms and conditions of service (the “Terms”) between APEX IMPERIAL Telecom INC. (“We,” “us” or “APEX IMPERIAL “) and the Residential user (“you,” “user” or “Customer”) of APEX IMPERIAL High Speed Internet services and any related products or services (“Service”). This agreement governs your use of the Services. If there is any inconsistency between other documents describing the APEX IMPERIAL plans, features, services or products and these Terms, these Terms will prevail.
2.0 Service Term, Changes and cancellation
2.1 Service Term. Service is paid for on a recurring basis for a term that begins on the date that APEX IMPERIAL activates the service and ends on the last day of the billing term (“Service Term”). After the expiration of the term, the service billing is automatically changed to a month to month basis unless replaced by another term upon customer’s request. If without term, service is paid on a month to month basis with billing cycle started from the activation date.
2.2 Residential Use of Service and Device. If you subscribe to APEX IMPERIAL services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
2.3 Service change: We may in our sole discretion and without your consent to migrate your Services to other networks and platforms or change our suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, we may affect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of any Service and other deliverables provided to you hereunder, to ensure continuity of such Service and the integrity of our network, and/or to comply, as necessary, with manufacturers’ requirements. You expressly agree that any such migration or change does not constitute amendment or material change to the Agreement or to the Services
2.4 Term Term and monthly Rate Guarantee. APEX IMPERIAL services are sold on the following basis and may be apply to early cancellation fees.
2.5 Term Terms: During the term of the term, the customer should not make any change to the service including service address, speed, adding/removing service or terminating service etc, otherwise early cancellation fee up to the total amount of the remaining months might be charged. In General, The term of a term shall also serve as a monthly rate guarantee to the Subscriber whereby the monthly service fee cannot be increased by APEX IMPERIAL. During the term, if due to special causes such as legal or regulation changes which significant increase the operating cost for providing service to customer, APEX IMPERIAL will providing Subscriber with 30 days notification before such rate increase and customer term will be terminated automatic at the same time.
2.6 No Term. Subscriber may cancel service without early cancellation fees. APEX IMPERIAL may increase rates at any time by providing Subscriber with 30 days notification.
2.7 Maximum Internet speed. APEX IMPERIAL is always trying to provide the highest speed as possible under the speed profile customer ordered, however we cannot guarantee the maximum internet speed as it is related to many factors such as distance from CO to customer site, customer home network condition, Network equipment such as Wi-Fi router, Time of a day, physical line condition etc. Maximum speed in peak hour may be a little bit slow for some of customers. In general customer maximum speed is based on best effort, not guaranteed.
2.8 Unlimited internet usage. APEX IMPERIAL may provide unlimited internet usage for upload/download with or without conditions which is based on residential customer normal usage, if abnormal usage or malicious activities detected which endangers APEX IMPERIAL network; APEX IMPERIAL may suspend customer’s service or limited the speed immediately without notice in advance. APEX IMPERIAL unlimited internet downloading policy is also governed and affected by CRTC rules and decision, government laws, and provider’s policy which if any change, APEX IMPERIAL will notice customers by email 30 days in advance at least.
2.9 Where the Services are cancelled, either by Subscriber or by APEX IMPERIAL as provided herein, and there is an undisputed credit balance on Subscriber’s account, Subscriber may require that it be refunded to Subscriber. Any credit balance given due to promotion, referral, extra one time service discount will not be refunded.
Subscriber’s Right to Terminate Services and Early Cancellation:
For any cancellation request, customer can contact our customer care by phone and provide the requested disconnection date.
Note after the first 10days warranty period, for plan on term, early cancellation fee will apply if cancel before the term end date.
2.10 Term Terms: The subscriber is responsible for early cancellation fee of their term period. Early cancellations fees shall be applied according to the term term specified in the plan description area in the printed order we ship to the customer with hardware prior to activation. The term start date shall be the date that the Subscriber enrolled for APEX IMPERIAL Services. Once the term expired, it is automatic renewed to month to month basis unless requested by customers.
2.11 No-Term: Customers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date.
2.12 Customer Service. We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the “FAQ” section of our web site located at www.APEX IMPERIALtel.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time
2.13 Rate and price change. Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) and other regulatory bodies with jurisdiction over APEX IMPERIAL or APEX IMPERIAL service may have a direct impact on limitation of service and costs of APEX IMPERIAL services. As such, the citied prices and service APEX IMPERIAL offer on the initial terms will be adjust to reflect the change, APEX IMPERIAL will try best to inform customer in advance should there be need for such change, APEX IMPERIAL is not liable for such change should it interrupt or make APEX IMPERIAL failure to provide the service to customer as stated in the initial terms. For any such change, customers will be given 30 days notice at least in advance
3.0 Account, charges and billing information
3.1 Charges, Billing and Payment. By Sign up for APEX IMPERIAL service, you Authorize APEX IMPERIAL to obtain information about your credit history and agree that we may provide information to others about your credit experience with APEX IMPERIAL. when the Service is activated, Subscriber is responsible for providing us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed from APEX IMPERIAL, You also agree to make all your payments by pre-authorized credit card payment with the card number you gave APEX IMPERIAL during the activation process unless you have contacted APEX IMPERIAL to update new credit card information or other payment method APEX IMPERIAL accepts
Customer billing cycle started from the same date as date of activation in a month till the date prior to the same day in the next Month. APEX IMPERIAL will provide customer with a monthly on-line invoice for services and send the bill invoice to customers by email on the date of activation or on the next day.
3.2 Online Invoice. All APEX IMPERIAL customers are provided online access to view invoices free of charge and by default therefore we do not provide paper bill to any customers. We encourage customer to view the bill from our web site to save the environment. Customer invoices will be kept online for minimal 3 years.
3.3 Late Payment and Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, APEX IMPERIAL may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
3.4 Billing Disputes. Customer must dispute any incorrect charges for the Services within Ninety (90) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer’s failure to dispute any charges with the Ninety (90) day time period constitutes a waiver of all claims to any dispute.
3.5 Taxes. Prices, fees and rates for Service do not include customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. No taxes shall be included in any refund to Customer under the Agreement.
3.6 Activation, processing fee, shipping and handling fee: This would cover the cost of service activation, processing, shipping and handling cost etc and it is non-refundable once order is processed.
3.7 Installation charge: APEX IMPERIAL usually charges a processing fee which covers the standard installation/setup required for starting using APEX IMPERIAL service; therefore no extra installation charge would be required. However if customer requests non-standard installation or setup, an installation charge will be applied based on the distance, hours and material and it is non refundable
3.8 Reconnection Fee: A suspension or termination will not affect a Subscriber’s obligation to pay any amounts owed to APEX IMPERIAL either during or after the suspension or termination. If termination occurs during a term period, Subscriber will be charged for all usage plus the term obligations. Should reactivation of services be required, APEX IMPERIAL will charge a reasonable reconnection fee $65.
3.9 In-Site Service Fee. APEX IMPERIAL Tech Support Department has its troubleshooting procedure to help customer investigate and solve customer issues more efficiently, however if customer due to personal reason to request APEX IMPERIAL in-site tech to visit which is not within APEX IMPERIAL free service category, an in-site service fee will be charged based on the distance, hours and material required. APEX IMPERIAL has the sole decision to decide the visit is free or not. The following visits will be charged: 1) Request to replace defective modem 2) Request to connect customer equipments 3) Request to configure customer own router/computers 4) For issues customer reported but is identified due to customer own reason or not able to duplicate the issue.
3.10 DMC charge. DMC charge refers to Diagnostic maintenance charges which major ILEC and cable companies got approved in CRTC tariff. Once we open trouble tickets to our last mile providers such as Bell/Rogers/Telus/Cogeco/Videotron/Shaw etc and if the issue is not found or it is identified due to customer own issue, a DMC charge will be billed to APEX IMPERIAL. We will investigate the DMC and will pass the charge to the customer if it is proved to be customer own issue.
3.11 Credit card charge back. For credit card charge back, a finance charge $25 will be applied.
3.12 Billing error. APEX IMPERIAL reserves the right to correct any error in billing for period of time up to 12 months and apply the appropriate charges retroactively
4.1 Equipment charge. All APEX IMPERIAL customers using the service would need hardware equipment at customer site (Referred as CPE) and CO side. APEX IMPERIAL might Sell, Lease and Rent the CPE to the customers. All equipment sold by APEX IMPERIAL are non-returned if over 10 days from Activation date. If returned within 10 days from service activation date, the charge minus restocking fee will be refunded. All equipment sold by APEX IMPERIAL will have life time warranty as long as the customer is using the APEX IMPERIAL service. The life time warranty is non-transferable. APEX IMPERIAL will guarantee all hardware units to be in proper working condition and will replace all units free of charge if damaged due to non man-made reason. Customers must return faulty units to APEX IMPERIAL and upon further inspection if requested, if APEX IMPERIAL deems the fault to be caused by the Customer, APEX IMPERIAL will charge the customer for the cost for replacing the units including hardware cost and shipping/handling fee.
Lease to Own:- Customer is required to enter TWO (2) years term, during the term a monthly charge will be applied and after 2 years, the ownership is transferred to the customer automatic. If Customer cancels the service after the termed term is expired, the leased equipment is not required to be returned.
Rental: Till the timing you are using the APEX IMPERIAL services have to pay the device rental and once service will be cancel (APEX IMPERIAL will provide a return label by email to return the devices) then need to return the device back (there will be no refund for this).
Purchase: Customer can purchase the hardware in order to use APEX IMPERIAL service but without monthly equipment rental or lease charge. However APEX IMPERIAL Cannot guarantee the equipment customer purchased can be used with other service providers.
4.2 Alters or otherwise interferes with APEX IMPERIAL facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or APEX IMPERIAL equipment, facilities or network; or Uses or permits others to use the Services.
All hardware customers obtain either Lease, rental or purchased from APEX IMPERIAL are developed/designed for the purpose of using APEX IMPERIAL service only; APEX IMPERIAL cannot guarantee those equipment can work with other service providers.
4.3 Upon cancellation, all rented equipment must be mailed to one of APEX IMPERIAL national shipping centers or corporate store specified within fourteen (14) days after calling to terminate service in its original condition (APEX IMPERIAL will provide a return label by email to return the devices) including, all packing materials without damage on interface, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our agents will not be processed. If APEX IMPERIAL does not receive the returned Equipment within fourteen (14) days after the termination date, no refunds will be made to Customer.
4.4 Customer must pay all costs of shipping the Device back to APEX IMPERIAL.
4.5 APEX IMPERIAL offers a (10) day grace period (“Trial Period”) to new Customers for their first APEX IMPERIAL service. (In a service address) The Activation Date is the first day that a APEX IMPERIAL customer internet service is activated either a technical visits a customer site to finish installation or the internet service is transferred to APEX IMPERIAL without visit If Customer is not satisfied with the Service, Customer may terminate the APEX IMPERIAL Service at any time during the (10 days) Trial Period by contacting APEX IMPERIAL customer support by phone and APEX IMPERIAL will waive the charges of monthly fee Charge. The Trial Period refund does not apply to variable charges or any local, state or federal taxes charged to Customer. If Equipment sold is return within 14 days, a restock fee before tax may be applied. All one time charge like activation fee, processing fee, configuration fee, shipping and handling fee are non-refundable. If Equipment is sold and service is cancelled after 10 day grace period, we do not accept equipment return and refund.
For Lease within term OR rental option, you must return hardware with all accessories within 14 days of the cancellation to avoid additional charge; or hardware purchase fee will be applied if hardware is not return as requested. We will apply the hardware original charges and if you wish to keep that hardware, you can notice us and original or discount price maybe available. To get know whether your hardware is purchased, Lease OR rental, you can look at the plan details we shipped with the package prior to activation, or contact our customer service
5.0 Deposit and credit requirements
5.1 Credit and Security Deposits. APEX IMPERIAL reserves the right to examine Subscriber’s credit record before activating the Services. Should APEX IMPERIAL at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the Services to Subscriber. APEX IMPERIAL will determine, at its discretion, how Subscriber’s deposit or other security will be allocated to satisfy outstanding amounts owed by Subscriber to APEX IMPERIAL. By subscribing to the Services, Subscriber authorizes APEX IMPERIAL to investigate Subscriber’s credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as APEX IMPERIAL may reasonably request for this purpose. All deposits or other prepayments made by a Subscriber in connection with the Services will earn no interest.
5.2 Deposit. For some product and service plans, APEX IMPERIAL might charge deposit which will be Refunded upon cancellation or released to customer account after a period specified on customer initial order. No interests will be applied to the deposit.
5.3 APEX IMPERIAL may obtain customer authorization to conduct credit check when customer is ordering service from APEX IMPERIAL. Based on the credit history, Can-net has sole decision to determine if any security deposit required or not for monthly service and/or hardware. Can-net will not disclose the result of credit check to any third party or used for any other purpose.
5.3.1 Service deposit: APEX IMPERIAL may ask for service security deposit if Can-net is not satisfied with customer credit history. The Service security deposit will be kept for a minimal 2 years without interests and it will be returned to customer either: 1) upon service cancellation, it will be released to customer account and apply to any unpaid invoice charge 2) Upon customer request after two years if customer has good payment history with Can-net;
5.3.2 Hardware deposit: APEX IMPERIAL may ask for hardware security deposit for some specific hardware and the deposit will be hold without interest
6.0 Marketing Promotion terms
6.1 Hardware free rental promotion, APEX IMPERIAL might give hardware with free rental to customers so that customers can use our services. Those promotion equipments (the “Equipments”) might not be exactly the same as the pictures shown in the advertisement and might have different models as well. APEX IMPERIAL reserves the right of final explanation and decision of which type of equipments to give. The equipments might be either new or refurbished, and are tested and guaranteed to be working. But the equipments are not guaranteed to be new from original manufactures. Those equipments have the APEX IMPERIAL standard hardware life time warranty if the equipment damaged is not due to man-made reasons (such as fire, broken due to wrong power adaptor, physical damage, pour water etc.). Upon cancellation to APEX IMPERIAL service is made over 30 days from activation, these free rented equipment should be returned to APEX IMPERIAL to avoid additional charge, or customer can purchase them at discounted price if agreed and approved by APEX IMPERIAL.
6.2 One Time Fee Discount. APEX IMPERIAL might give discount to or waive one time charges such as Processing Fee, Activation Fee, Shipping and Handling Fee and Hardware Purchasing Fee etc. at intervals for the purpose of promotion. For the part of the one time charges which was discounted away or waived, if customers cancel the service within 10 days, the discounted or waived portion will be charged back to the original level. If customers cancel the service after 10 days from the service activation, there would be no charge back for the one time fee discount.
6.3 Service Fee Discount APEX IMPERIAL might give new customers monthly service fee discount from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 month, 1 year, 2 years etc. The monthly service fee discount will be stopped automatically at the mature of the pre-stated terms and monthly fee will be back to the original price. We will not renew any of the discounts on our own initiative nor choose any service plans other than the corresponding standard service plans for customers. It is the customer’s responsibility to contact us before the expiration date of the discount promotion and select a new service plan available at that time which can better serve customer’s needs. If customers cancel the service within 1 year, previously discounted service fee will be charged back to make the previous monthly service fee be back to the original price.
6.4 Free Prize. APEX IMPERIAL might give customers third party products such as TV, IPAD etc as free prizes of promotional lucky draws. There is no obligation for customers to keep using APEX IMPERIAL services in order to maintain the ownership of the free prize as long as the conditions meet. APEX IMPERIAL is not providing any warranty or support to those third party products. Customers need to get support from the manufacturers directly.
6.5 The Referral Program. To express thanks to APEX IMPERIAL loyal customers who recommends to their friends, APEX IMPERIAL might give eligible referrals certain gifts or service discounts as referral bonus according to different promotions. The following terms and conditions apply: The referral bonus only applies to APEX IMPERIAL Active Customers who recommend New Active APEX IMPERIAL Internet customers; referral bonus for each valid recommendation; The referral bonus will be effective 30 days later then your friends’ APEX IMPERIAL Internet service activation date; The referral bonus is not redeemable as cash; When the APEX IMPERIAL account deactivated, all remaining referral fee will be cleaned out and will not be refunded in any format; Valid referee’s APEX IMPERIAL promotion code must be provided at the time when order been submitted or within 1 day (24 hours) later by calling us or sending us email; Later promo code is not accepted, the offer is lapsed automatically after the time limit; Terms and condition explanation rights belong to APEX IMPERIAL and might be changed without notice.
6.6 APEX IMPERIAL new promotion offer. APEX IMPERIAL new promotion offer is available only for new residential customers subscribing to Internet, Home. New promotion offer is not provided to the same residential customer and/or household where APEX IMPERIAL service is been installed and/or cancelled within past 6 months after service activation. Promotion offer may change from time to time without prior notice.
7.0 Warranties and Limitation of Liability
7.1 Equipment warranty: Equipment refers to the boxes (CPE) required at customer site so that APEX IMPERIAL can provide service to the customers. From time to time, there are different options for APEX IMPERIAL to provide CPE to the customers: Lease to Own, Rental or Purchased. Lease to Own and Rental: All CPE boxes customers paid with deposit only when service started and usually comes with 2 year term. Purchased: Those boxes are sold to the customers at the original or discounted price. Warranty: APEX IMPERIAL provides life time warranty to the Lease/Rented or sold CPE as long as customer is using APEX IMPERIAL service, if the CPE broken due to non-man made reason, APEX IMPERIAL will replace the CPE free of charge. For man-made reasons example due to using wrong power adaptor, pouring water into the box, physical damage etc, customer need to buy new CPE and APEX IMPERIAL will ship it free. Upon the service cancellation, APEX IMPERIAL is not responsible for any liabilities of the CPE from the date of service termination.
7.2 Hardware is provided life time warranty as long as customer remains using our service;
7.3 Once customer service is disconnected, those hardware will automatic lose warranty from APEX IMPERIAL;
7.4 APEX IMPERIAL has no obligation to guarantee any of APEX IMPERIAL equipment would be working with any third party’s service;
7.5 APEX IMPERIAL will not provide any support to those hardware including changing configuration, firmware upgrading, repairing, exchanging etc after APEX IMPERIAL service is cancelled; APEX IMPERIAL has no liability for any issue or failure caused by those equipments
7.6 Limitation of Liability. We will not be liable for any delay or failure to provide the Service that is caused by any of the following:
7.7 An act or omission of an underlying carrier, service provider, vendor or other third party;
7.8 Equipment, network or facility failure shortage; equipment, network or facility upgrade relocation or modification caused by any reason include the loss of power;
7.9 Force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
7.10 Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
7.11 Disclaimer of Liability for Damages. In no Event will APEX IMPERIAL, its Officers, Directors, Employees, Affiliates or Agents or Any Other Service Provider who furnishes services to you in connection the Service be Liable for Any Direct, Incidental, Indirect, Special, Punitive, Exemplary, Compensatory, or Consequential Damages, or for Any Other Damages, Including but not limited to personal injury, Wrongful Death, Property Damage, Loss of Data, Loss of Revenue or Profits, or Damages Arising out of or in Connection with the use or Inability to use the services, including inability to Access emergency services Personnel through the 911 Dialing Service or to obtain Emergency help. The Limitations Set Forth Herein Apply to Claims Founded in Breach of Term, Breach of Warranty, Product Liability, Tort and any and All other Theories of Liability and Apply Whether or not we were informed of the Likelihood of Any Particular Type of Damages
7.12 Indemnification. Customer hereby agrees to indemnify and hold harmless APEX IMPERIAL and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
7.13 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device. You shall assure that you and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.
7.14 Governing Law. The law of the state of your residence shall govern this Agreement as well as the relationship between you and us except to the extent such law is pre-empted by or inconsistent with applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.
7.15 Mandatory and Binding Arbitration. All claims or disputes between Customer and APEX IMPERIAL arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer’s individual capacity and that Customer will not commence or join any class or consolidate Customer’s claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
7.16 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and APEX IMPERIAL and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and APEX IMPERIAL and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
7.17 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
7.18 Customer Information Security. With this agreement, subscriber acknowledge that you authorize APEX IMPERIAL to obtain, at any time, information regarding customer credit from any personal agent, financial institution, employer or any other person with whom he or she may have business relationship and authorizes such person to transmit such information to APEX IMPERIAL. The consent is given for the purpose of opening an account and recovering sums that may be owing to APEX IMPERIAL. This information will be treated confidentially at any time. With limitation, APEX IMPERIAL may use subscriber information for advisement purpose, you shall notice to APEX IMPERIAL in writing if you don’t want to be listed on distribute list for advisement. APEX IMPERIAL may sometimes legally required to monitor, record, and provide evidence of the activity or information of the identified Customers or required to remove some content as a result of court orders or warrants, without prior or subsequent notice provided to the Customer. You also acknowledge that with use of APEX IMPERIAL services confirms your acceptance of these terms and conditions. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.
7.19 Future Changes To This 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.APEX IMPERIALtel.com. 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.
8.1 Refund. General refund upon customer cancellation would be completed within 6 weeks from the date we receive returned customer equipment is or the date of requesting service cancellation if no equipment return required. The Customer payment is made via credit card then by default the refund would be back to the credit card.
8.2 Services Interruption
APEX IMPERIAL may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other reasons as may be required.
8.3 APEX IMPERIAL is not liable for: Any act or omission of any third party (including any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);
8.4 Subscriber’s conduct, acts or omissions, or the operation or failure of Subscriber’s equipment or facilities;
8.5 Any event beyond the reasonable control of APEX IMPERIAL including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction.
8.6 Any charges by third parties including wireless carriers for services. Subscriber agrees to indemnify and hold harmless APEX IMPERIAL against all claims, including fees and expenses of counsel, resulting from Subscriber’s use (or the use by others with Subscriber’s explicit or implicit consent) of the Services, Subscriber’s codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
8.7 In exceptional circumstances, for example, where you present an abnormal risk of loss to us, prior to the normal billing date we may require payment from you on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after we demand payment, whichever occurs later
8.8 In general, APEX IMPERIAL maximum liability is only limited to the month service fee we charged during the period where service interrupted or unable to be provided due to the reasons not covered in this agreement.
8.9 Disconnection and Discontinuance of Service
- *APEX IMPERIAL reserves the right to suspend the service immediately if the pre-authorized payment charge is declined or payment is not received after due date.
- *APEX IMPERIAL may disconnect the services if the payment is not received within 7 days from the invoice due date. Reactivation fee will be charged and 7 days would be required to reactivate the service.
8.10 Suspension or Termination of Services by APEX IMPERIAL Without incurring any liability whatsoever, APEX IMPERIAL may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:
- * Fails to pay an account that is past due, or provides proper payment method requested by APEX IMPERIAL
- Fails to provide or maintain a reasonable deposit or alternate security when requested to do so by APEX IMPERIAL;
- Fails to meet APEX IMPERIAL credit requirement or Subscriber become bankrupt or otherwise insolvent;
- Fails to comply with the terms of a deferred payment or credit agreement with APEX IMPERIAL;
- Uses or permits others to use the Services 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 allow others to charge any other person for the use of the Services without APEX IMPERIAL prior written agreement;
- Harasses threatens or otherwise act unreasonably towards APEX IMPERIAL, its employees or agents, or in relation to the Services;
- Abuses the network with excessive usage as may be determined by APEX IMPERIAL. Excessive usage shall be determined solely by APEX IMPERIAL
- Uses or permits others to use the service for commercial or business use.
8.11 Payment and Collection.
8.11.1 Payment. Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
8.11.2 Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees.
8.11.3 Notices. You understand that APEX IMPERIAL send billing online by email monthly and you can also check the billing online from APEX IMPERIAL web page, it is difficult for APEX IMPERIAL to confirm you receive the monthly billing by email. You agree to waive your rights to receive at least ten (10) days advance notice from APEX IMPERIAL regarding the amount that APEX IMPERIAL will debit from your account. APEX IMPERIAL may send you messages about your billing from time to time, but APEX IMPERIAL is not obligated to do so. APEX IMPERIAL may change or cease its messages at any time without notice to you.
8.11.4 Copyright and legal issues. APEX IMPERIAL is not regulating APEX IMPERIAL internet customer internet activities, however if APEX IMPERIAL received any complains of copyright or legal issues due to APEX IMPERIAL customers’ activities such as uploading/distributing contents against copyright, APEX IMPERIAL customer must remove the contents or stop the activities within 24 hours after receive email notice from APEX IMPERIAL team otherwise APEX IMPERIAL may suspend the account with a written notice by email. APEX IMPERIAL may be required provide customer’s information under legal proceedings regarding complaints due to legal issues and reports on copyright infringement.
8.11.5 Money Back Guarantee. APEX IMPERIAL offers 10 days quality of service guarantee to new customer at new address
To obtain a Trial Period refund, Customer must:
(1). Call APEX IMPERIAL Monday to Sunday from 9AM to 12AM (EST) customer support hotline within ten (10) days from the service Activation Date
(2) Customer cannot request cancellation if APEX IMPERIAL opened trouble ticket to our local providers such as Bell/Rogers, otherwise a DMC charge 90$+ tax will be applied to the customer account. Customer can request cancellation after the issue fixed.
(3). APEX IMPERIAL standard 10days guarantee policy applies only to new customer and the first service in a new address, not to additional service in the same address or old customer moving to new address.
9.0 The Service Terms
9.1 Fibre to the Building (FTTB) is one of the fastest internet service that is delivered using fibre optic and other network equipment that has been installed in the basement of the apartment and multi-dwelling buildings. APEX IMPERIAL Telecom will lay the fiber optic cable within the building to enable communication between the customer premises and APEX IMPERIAL equipment.
9.2 We do not guarantee provision of Service to every applicant. The Service is only available to addresses within relevant network coverage area where there is available infrastructure to provision the Service.
9.3 The connection speed of the FTTB Service will be high speed. APEX IMPERIAL Telecom Inc does not guarantee that customers will achieve maximum connection speeds as specified in the plan details. The speeds for the service can vary substantially due to many factors.
9.4 For FTTB services, actual throughput speeds may be slower and could vary due to various factors including interference, customer cabling and equipment, wifi, download source, and quality of the videos.
9.5 The Service will be supplied under a plan which you select at the time of ordering the service.
9.6 The Service may not be resold or on-sold and you must ensure that it is not made available to ISPs, Internet Cafés or Web Hosting Companies or commercial purpose.
For more information read FAQ’s – https://www.apeximperial/Support
10.0 The Service Installation
10.1 By applying for the Service, existing services like internet or phone or TV at your premises, you will need to contact your current provider to have these services cancelled to ensure you do not receive any further bills. APEX IMPERIAL recommends you check with your current ISP regarding contractual commitments and termination/disconnection fees associated with your current services.
10.2 We will endeavour to install the Service within a reasonable time from your order but provisioning may be rejected or delayed due to many factors which are outside of our control, you must give us the opportunity fully to investigate the reasons for such rejections before cancelling the service.
11.0 Equipment Information
11.1 You must ensure that you have working equipment (Router) to access wifi and use the Service. We will not reimburse you for access or performance problems caused by equipment (Router) which is not supplied by us.
11.2 If we have agreed to supply you with a piece of equipment, we reserve the right to and may supply an alternative model or brand of modem/router, of similar quality and technical specification to the one mentioned when you registered.
11.3 We will ship the equipment to the mentioned address provided by you for service.
11.4 In a situation where you are not available to receive delivered equipment and the equipment is returned to us, the cost of the return will be borne by you. In addition, we will charge you the shipping fee for resending the equipment. Shipping & handling fees is non-refundable.
12.0 Service Faults
12.1 While we will endeavour to make the Service available to customers 24 hours a day, 7 days a week, the Service is not fault free and we cannot guarantee uninterrupted service, or the speed, performance or quality of the service. There are many factors outside of our control which affect the Services, such as the performance of third party suppliers and equipment, force majeure events. We accept no liability for interruptions to the Service or for any resulting damage or loss suffered by you or any third party.
12.2 We reserve the right to perform maintenance work from time to time, which may temporarily interrupt your access to the Service. Where possible, we will try to perform this work during non-peak times.
12.3 You must direct all queries regarding faults/outages of the Service to our technical support Help line (see contact details online at https://www.apeximperial.com/Contact)
12.4 If APEX IMPERIAL determines on reasonable grounds that the fault is not related to the APEX IMPERIAL infrastructure. For more information please see https://www.APEX IMPERIALtel.com/Support.
13.0 Miscellaneous Term
13.1 You use the service at your own risk and we take no responsibility for any data downloaded and/or the content stored on your computer. You agree not to make any claim against us, our suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the FTTB service.
Last Updated: December 18th, 2017, APEX IMPERIAL Network