General Terms and Conditions for GPNetworks Products and Services
    Updated: October 2020
    Effective: February 1, 2021

    These Service Terms describe your fiber optic internet, wireless internet, data and Voice Over IP services and cover the use of your device(s) and account, billing and warranty information, your privacy rights and service cancellation. As part of our commitment to putting customers first, we want to make sure that we are clear and transparent in helping you fully understand what GPNETWORKS provides. By clicking to accept the Terms and Conditions or by using our services, you agree to the terms and conditions outlined below. If you do not agree to the Terms and Conditions outlined below you can cancel your services by contacting us at 780-882-6623 or Support@gpnetworks.ca

    1. Subject
    1.1. G.P.N. Wireless Network Solutions Ltd. (“GPNETWORKS”) agrees to provide, and the customer (the “Customer”) agrees to accept the products and services (the “Services”) in accordance with the terms and conditions (the “Terms”) of this agreement (the “ Agreement”).

    1.2. The Terms are also available for reference at: https://www.GPNETWORKS.ca/gpnet/terms-conditions

    2. Billing
    2.1. In exchange for the Services provided by GPNETWORKS, the Customer agrees to pay the agreed monthly and usage fees as indicated on the Customer Subscription Form. All applicable taxes will be added to amounts due and shall be paid by the Customer to GPNETWORKS.

    2.2. GPNETWORKS will apply any applicable discounts or promotions provided that the Customer meets the eligibility criteria for said discounts or promotions, in GPNETWORKS’ sole discretion.

    2.3. When paying by credit card, debit card or other method of payment, the Customer expressly authorizes GPNETWORKS or its agents to charge all agreed upon fees and any fees that the Customer shall pay GPNETWORKS pursuant to the terms of this Agreement, to such card, account or other payment method, as indicated on the Electronic Funds Transfer/Credit Card Authorization form. If the Customer uses a credit card, debit card or other method of payment and GPNETWORKS does not receive payment from the card issuer, financial institution or their agents or through the other payment method, as the case may be, the Customer agrees to pay all amounts due upon request by GPNETWORKS.

    3. Customer portal
    3.1. The Customer is responsible for its online accounts and for the activities of anyone who uses such accounts. To prevent unauthorized use, the Customer shall maintain the confidentiality of the email address and password that it uses to access its online accounts and applications.

    3.2. The Customer may have access to their customer portal account even after termination of Services. However, GPNETWORKS does not guarantee continued access, as such, it is recommended that the Customer download all information that they may require for their records prior to termination of their services.

    4. Amendments to the Agreement
    4.1. GPNETWORKS may, from time to time, unilaterally amend this Agreement, including its essential provisions and any other agreements that it may have with the Customer. In such a case, GPNETWORKS will send the Customer a written notice by email (to the last known email address on GPNETWORKS records, with the understanding that the Customer is responsible for ensuring the email address is up to date) setting out nature of the amendment as well as the effective date of the amendment, at least thirty (30) days before the amendment comes into force. The Customer will have the right to refuse the amendment and terminate the Agreement without incurring any cost, penalty or cancellation charges, by sending a written notice to this effect to GPNETWORKS no later than thirty (30) days following the effective date of the amendment, if the latter has the effect of increasing the Customer’s obligations or reducing GPNETWORKS’s obligations. The preceding section also applies to amendments concerning Internet service.

    5. Abuse Policy
    5.1. GPNETWORKS embraces a zero-tolerance for abuse.

    5.2. A such, the Customer agrees to act with respect, dignity, and courtesy towards GPNETWORKS staff and contractors.

    5.3. The Customer understands that GPNETWORKS may immediately unilaterally terminate this Agreement, if the Customer engages in conduct that is deemed by GPNETWORKS, at its sole discretion, to be hostile, lude, discriminatory or abusive, either physically or verbally, towards GPNETWORKS staff and contractors.

    5.4. In the event of immediate termination due to improper conduct, the Customer shall immediately pay any unpaid charges for Services rendered, to GPNETWORKS.

    6. Customer’s Obligations
    6.1. Unless stipulated otherwise, this Agreement is for an indefinite term.

    6.2. The Customer must provide GPNETWORKS with 30-day notice of cancellation and is required to pay for the Services during the 30-day period between notice of cancellation and actual cancellation regardless of use. The Customer may provide the notice as follows:

    6.2.1. By e-mail: cancellations@gpnetworks.ca

    6.2.2. By telephone: 780-882-6623 ext. 2

    6.3. The Services included in this Agreement are strictly for the use of the Customer and shall not be sold or shared without the consent of GPNETWORKS.

    6.4. The Customer shall use the Services (including any equipment leased or provided) in accordance with applicable laws, policies, and instructions provided by the manufacturer of said equipment (if applicable) and GPNETWORKS.

    6.5. It is the Customers responsibility to ensure that:

    6.5.1. A continuous, uninterrupted, and suitable power supply (including surge protection devices) and temperature, humidity and other environmental conditions as recommended by the equipment manufacturer, GPNETWORKS or required by local building codes have been implemented, tested and are fully operational;

    6.5.2. All cabling and other equipment and services not supplied by GPNETWORKS necessary for appropriate for operation of the purchased or leased hardware have been properly installed;

    6.5.3. No other equipment, software or extraneous devices having an adverse impact on the purchased or leased hardware have been introduced, and

    6.5.4. The purchased or leased hardware has not (except pursuant to a risk of loss specifically assumed by GPNETWORKS hereunder) been mishandled, moved, neglected, abused, vandalized, dropped, jolted, damaged by fire, lightning or water or otherwise put to unusual electrical or physical stress beyond the manufacturer’s specified operating capabilities.

    6.6. The Customer agrees to make fair and reasonable use of the Services.

    6.7. The Customer shall be responsible for use of the Services, including any fraudulent use thereof.

    6.8. GPNETWORKS Services may change over time and the Customer must, at its own cost, have compatible, up-to-date facilities and equipment to be able to use them.

    6.9. The Customer is responsible for maintaining and safekeeping of any wiring inside their home or building.

    6.10. The Customer shall obtain and bear the cost of all access rights, authorizations and consents from third parties, including the consent of the landlord or owner of the building, to make any installation and/or maintain the components of the Services. The Customer shall give GPNETWORKS or its representatives access to the premises in order to install or repair the Services. A person must be present at all times during the installation or maintenance of the components of the Services within the home but is not required to be present for maintenance or work completed on wireless communication towers or other GPNETWORKS infrastructure outside of the Customers home.

    7. Services Offered Where the Technology is Available

    7.1. Prior to dispatching a field technician to install new wireless internet services, GPNETWORKS may complete a preliminary assessment in-office to determine the feasibility of providing services at the Customer’s address. If GPNETWORKS determines that GPNETWORKS’ network is likely to be able to serve the Customer’s address, a field technician may be sent to complete a wireless survey. GPNETWORKS at no time guarantees the accuracy of the in-office preliminary assessment and in the event of uncertainty, GPNETWORKS may undertake such additional steps (if any) that it deems necessary in its sole discretion to determine serviceability.

    7.2. The cost of any additional work will be reflected on a service call Work Order form completed by the field technician. All efforts will be made to accurately estimate the additional work prior to the work being completed; however, in some cases the volume and scope of work will only be fully known after completion.

    7.3. If the Customer cancels a request for Services after the start of installation, the Customer shall pay GPNETWORKS all costs incurred for the installation prior to the cancellation date.

    7.4. GPNETWORKS may terminate the Agreement if the installation of a Service does not meet the standards established by GPNETWORKS for this Service or entails unusual expenses.

    7.5. If the Customer obtains services with GPNETWORKS, the Customer must cancel the services with the former supplier, provide evidence thereof to GPNETWORKS in form satisfactory to GPNETWORKS and, if applicable, return all equipment. At no time will GPNETWORKS cancel services with a former supplier on the Customer’s behalf.

    8. Promotional Offers
    8.1. GPNETWORKS may periodically have promotional offers for Customers. The terms of each promotional offer will be clearly stated on the GPNETWORKS webpage where the offer is located.

    8.2. GPNETWORKS reserves the right to remove, discontinue or deny access to promotional offers without notice.

    9. Distribution Fee
    9.1. GPNETWORKS may charge the Customer GPNETWORKS’ then current monthly distribution fee as indicated on the Customer Subscription Form.
    9.2. If the distribution fee is not documented on a Customer’s subscription form, GPNETWORKS will the provide the Customer notice, in accordance with section 4 of this Agreement before the fee is charged.
    10. Wireless Survey Deposit
    10.1. The Customer shall pay GPNETWORKS a $100.00 deposit to be paid prior to any residential or commercial wireless surveys being completed.

    10.2. The deposit will be processed if GPNETWORKS is successful in achieving a minimum internet connection of 5 megabytes per second (mbps) download speed or better, regardless if the Customer chooses to proceed with obtaining services.

    10.3. The deposit will be returned in full to the Customer if GPNETWORKS is unable to achieve a minimum download speed of 5 mbps.

    10.4. If the Customer chooses to have the installation completed the same day as the survey, the Customer may direct GPNETWORKS to apply the $100.00 deposit to the cost of their installation. The survey deposit may not be applied to the cost of the installation if the Customer chooses to have the installation completed another day.

    10.5. If the GPNETWORKS field technician is required to return to the Customer’s home to complete the installation a different day than the survey was completed for any reason not related to the Customer, the survey deposit can still be applied to the cost of the installation.

    11. Leased Equipment
    11.1. If the Services include leased equipment, GPNETWORKS shall remain the owner thereof. Unless otherwise specified in this Agreement, the equipment is selected by GPNETWORKS and may be new or reconditioned.

    11.2. Such equipment may include but not be limited to radios on the Customers roof or access points on GPNETWORKS-owned telecommunication towers.

    11.3. GPNETWORKS assumes full responsibility for the replacement of any such equipment at no cost to the Customer under normal wear-and-tear circumstances.

    11.4. In the case of GPNETWORKS-owned equipment failure due to Customer neglect, vandalism, mishandling, inclement weather, or similar, GPNETWORKS reserves the right to bill the Customer for the full cost associated with repairing and/or replacing the equipment.

    11.5. On termination of this Agreement, the Customer shall return the leased equipment to GPNETWORKS at the address indicated on the GPNETWORKS website within fourteen (14) days. If the Customer fails to do so, GPNETWORKS may to invoice the Customer and the Customer shall pay the replacement value of the equipment. If the equipment is not mentioned in Appendix A, the replacement value will be the market value of a new similar product. GPNETWORKS assumes no liability or responsibility for any injury or otherwise to the Customer associated with the retrieval of leased equipment.

    12. Sale of Equipment
    12.1. The equipment may be brought to a Customer’s home by a GPNETWORKS employee as part of the installation or set aside at GPNETWORKS office for Customer pick-up.

    12.2. The conditions for returning the equipment purchased from GPNETWORKS are as follows:

    12.2.1. Call GPNETWORKS office number as listed on website within five (5) business days of the date of purchase to inform GPNETWORKS that the equipment will be returned and state the purpose for return;

    12.2.2. The returned equipment must be in “as new” condition, as determined by GPNETWORKS;

    12.2.3. The equipment must be returned in its original packaging with all components and accessories;

    12.2.4. If the Customer wishes to mail the equipment, the Customer shall pay any delivery charges associated with delivery to GPNETWORKS.

    12.3. If all of conditions referenced in section 11.2 hereof are not met, GPNETWORKS may refuse the acceptance of the returned equipment.

    13. Warranty: Hardware & Equipment
    13.1. GPNETWORKS offers the following limited warranty on all equipment/hardware purchased by the Customer from GPNETWORKS:

    13.1.1. The warranty period is six (6) months,

    13.1.2. The warranty period is calculated from the equipment purchase date as documented in the records of GPNETWORKS.

    13.2. The warranty is only valid if the Customer has duly and regularly paid all amounts payable hereunder, and has observed and performed all and every of the covenants, provisos and agreements in this Agreement on the part of the Customer to be observed and performed.

    13.3. If a defect is reported by the Customer and confirmed by a GPNETWORKS employee during the warranty period and all other conditions of the warranty are met, GPNETWORKS will replace the equipment with an identical or equivalent new or reconditioned model at no charge to the Customer.

    13.4. For some equipment, GPNETWORKS may offer to pre-program the equipment and allow the Customer to pick up the equipment at the GPNETWORKS office. The customer may choose to install the equipment with instructions provided by GPNETWORKS at no additional cost. If problems arise from self-installation and a service call identifies the instructions were deviated from, the service call is billable to the Customer and above-mentioned warranty shall not apply.

    13.5. Should the Customer choose to have a GPNETWORKS employee install the equipment, GPNETWORKS then current hourly labour charges apply and will be charged to the Customer.

    13.6. The Customer shall return defective equipment and its components, following the instructions received during the call to the GPNETWORKS office or any other instructions posted on the GPNETWORKS website.

    14. Not Under Warranty: Hardware & Equipment

    14.1. The following hardware and equipment are excluded from the warranty:

    14.1.1. Third Party hardware or equipment owned by the Customer purchased from another supplier other than GPNETWORKS;

    14.1.2. Damage caused by batteries or power surges, and defects caused by contact with water, sand or dust;

    14.1.3. Theft or loss of the equipment or its components;

    14.1.4. Discoloration or any other cosmetic damage that does not affect the operation of the equipment or its components;

    14.1.5. Damage caused by mishandling, relocation, misuse, abuse or accident;

    14.1.6. Deliberate damage or vandalism;

    14.1.7. Damage resulting from installation, repairs or attempted repairs by someone other than the manufacturer or authorized GPNETWORKS personnel;

    14.1.8. Problems associated with a third-party Internet connection.

    14.2. Replacement charges apply if the replacement stems from one of the aforementioned items not covered.

    15. Warranty: Workmanship
    15.1. GPNETWORKS provides a 90-day warranty on work completed by GPNETWORKS employees. If the work completed is found by GPNETWORKS to directly result in down services, GPNETWORKS will return and complete the work required to remedy with situation at no cost to the Customer.

    15.2. Warranty concerns must be expressly communicated to GPNETWORKS within the warranty period. Any attempts by the Customer or a third-party to repair or remedy any issues without express written permission from GPNETWORKS will immediately void GPNETWORKS 90-day warranty.

    15.3. If any warranty work completed is found to be the result of a Customer not fulfilling their obligations as stated in this Agreement, the Customer will be billed for time and cost of materials associated with any work completed.

    15.4. GPNETWORKS is not liable for any issues that occur outside of the 90-day warranty period. GPNETWORKS may bill to the Customer at then current labour rates for any work completed outside of the warranty period.

    16. Service Calls
    16.1. A service call is a service that may be completed by a GPNETWORKS field technician or contracted by a third-party provider to complete troubleshooting and/or repair of GPNETWORKS services, equipment, or network infrastructure.

    16.2. A service call is subject to a minimum charge of one (1) hour labour as calculated from the time the GPNETWORKS field technician arrives at the Customers property.

    16.3. After hours service calls are subject to a minimum flat rate service charge at GPNETWORKS then current rate.

    16.4. Before a GPNETWORKS field technician is dispatched, GPNETWORKS may require the Customer to conduct tests with the assistance of a GPNETWORKS Network Operations Center (“NOC”) Technician to determine if the issue can be resolved remotely.

    16.5. service calls found by a GPNETWORKS Technician to be a result of a violation of the Customers obligations hereunder may be billed to the Customer by GPNETWORKS at a fixed hourly rate as indicated on the Service Call Agreement Form.

    16.6. GPNETWORKS may bill the Customer and the Customer shall pay for all cable repairs, including time and equipment, required to restore Services to the Customer, including but not limited to:

    16.6.1. Deliberate damage or damage caused by negligence, vandalism or deliberate cutting of the cables;

    16.6.2. Damage caused by force majeure;

    16.6.3. Repairs or attempted repairs by someone other than the manufacturer or authorized GPNETWORKS personnel;

    16.6.4. Dangerous or illegal repairs or replacements of cabling;

    16.6.5. Repairs or replacements of cabling outside the home or building;

    16.6.6. New installations, rearrangements, and addition of extra cabling;

    16.6.7. Items reasonably deemed by GPNETWORKS to be excluded due to age or end of useful life.

    17. Service Call Cancellation Notice
    17.1. GPNETWORKS requires a Customer to provide at least 24 hours notice by telephone when cancelling a scheduled service call with a field technician. The Customer may leave a voicemail if a GPNETWORKS staff or designate is unable to answer the call.

    17.2. If the Customer does not provide sufficient notice to GPNETWORKS as aforesaid, GPNETWORKS may issue and the Customer shall pay a one-time fee equivalent to the cost of one hour of field technician labour and will be billed according to the rates then in effect, which will be applied to the Customers account.

    18. Technical Support
    18.1. GPNETWORKS offers the Customer personalized technical support for the installation, configuration and use of certain GPNETWORKS equipment.

    18.2. Technical support may be offered by telephone, remote support using third party software, or in-person by a GPNETWORKS employee in the form of a service call.

    18.3. Download speeds that are 75% or greater than the Customers package speeds are considered to be within a normally acceptable range. Only download speeds that are found by GPNETWORKS to be 75% or lower than the Customer’s package speed for an extended duration will qualify for troubleshooting. In order to determine download speed, GPNETWORKS may rely solely on speed testing software of its choosing to assess a Customers speeds, the results of which may differ from other speed testing software results.

    18.4. GPNETWORKS does not offer technical support for any of the following:

    18.4.1. Modifications made to GPNETWORKS equipment by a third parties or the Customer;

    18.4.2. Setting up and/or troubleshooting new internet connections on specific devices, including, but not limited to:

    18.4.2.1. Smart TVs;
    18.4.2.2. Tablets;
    18.4.2.3. Smart phones;
    18.4.2.4. Desktop/Laptop computers;
    18.4.2.5. Security systems, CCTV cameras;
    18.4.2.6. Set top boxes or similar devices;
    18.4.2.7. PlayStation, XBOX, Switch and all other gaming consoles.

    18.5. The technical support service is not a training service and customers must use it in a fair and reasonable manner.

    18.6. Customers are solely responsible for updating and protecting their operating system, software and peripherals.

    18.7. The Customer must have all the authorizations and licences for the operating systems, software and peripherals for which technical support is requested.

    19. Subscription Terms
    19.1. GPNETWORKS shall provide monthly services to the Customer until this Agreement is cancelled by either party in accordance with the terms of this Agreement. Subject to the terms of this Agreement, the Customer is free to cancel services at anytime without being required to pay early cancellation fees.

    20. Move
    20.1. If the Customer moves from the address indicated on their Customer profile, the Customer may terminate this Agreement with GPNETWORKS at no cost for early cancellation.

    20.2. The Customer must provide GPNETWORKS with a 30-day cancellation notice; the applicable cancellations terms apply in accordance with section 23 hereof.

    20.3. GPNETWORKS does not offer a transfer of services to the new location the Customer will be moving to. Should the Customer wish to obtain GPNETWORKS services at their new location, standard installation fees apply.

    21. Account Take Over
    21.1. A Customer moving to a residence where GPNETWORKS services have previously been provided may activate services for a one-time fee (“Account Take Over Fee”) if:

    21.1.1. Existing GPNETWORKS equipment (e.g. radio and satellite bracket) and cabling is present and in good working condition,

    21.1.2. No service call or field technician labour is required to activate that customer.

    21.2. The one-time fee for an Account Take Over is $40.00 plus applicable taxes and is subject to change at GPNETWORKS sole discretion.

    22. Account Holds
    22.1. Customers may put their account on hold for a minimum of one (1) month to a maximum of six (6) months.

    22.2. The Customer will be required to pay an account hold fee of $10.00 per month for each month that the account is on hold.

    22.3. The Customer must notify GPNETWORKS by telephone to have the account activated again.

    22.4. If the same Customer that initially put the account on hold is reactivating, then no fee is associated with reactivating the account.

    22.5. If the Customer does not return to the address while the account is on hold (i.e. the Customer moves locations) and a new resident occupies the home, a one-time Account Take Over Fee will apply at GPNETWORKS then current rate.

    23. Suspension of Services
    23.1. A Customers account will automatically go into delinquent status fifteen (15) days after their monthly invoice is due if GPNETWORKS has not received payment of the same which results in a suspension of all services until the unpaid sum, including the reactivation fee, is paid.

    23.2. A delinquent reactivation fee of $25.00 will be applied to a Customers account when it enters delinquent status and must be paid, along with any unpaid charges, prior to services being reactivated.

    23.3. A Customer may receive a one-time delinquent reactivation exemption only upon contacting GPNETWORKS. A Customer will only be granted one exemption over the lifetime of the account.

    23.4. GPNETWORKS will send out a letter of notice when an account has been in delinquent status for sixty (60) days. If a Customer has not settled all unpaid sums within twenty (20) days of the letter of notice being sent, GPNETWORKS may send the account to a collections agency and take all other steps required in its sole discretion to facilitate collecting the unpaid sum.

    24. Cancellation of Services
    24.1. The Customer may cancel their services with GPNETWORKS at any time without penalty.

    24.2. The Customer shall provide GPNETWORKS with a 30-day notice either by telephone or email as indicated in the Customers Obligations section of this Agreement.

    24.3. The Customer is obligated to pay for services during the 30-day notice period, regardless of use.

    24.4. The Customer may pay any unpaid charges, including the 30-day amount, prior to the end of the 30-days if they wish to close their account earlier.

    24.5. The Customer is still bound by their obligations to return any GPNETWORKS-owned equipment prior to the account being closed.

    25. Termination of Services
    25.1. GPNETWORKS may terminate Services immediately if:

    25.1.1. the Customer fails to fulfill observe and perform all and every of the covenants, provisos and agreements in this Agreement on the part of the Customer to be observed and performed hereunder or if the Customer is otherwise in breach of the terms of this Agreement; or

    25.1.2. the Customer fails fulfill observe and perform all and every of the covenants, provisos and agreements in the Customer Subscription Form, (the “Customer Subscription Form”) or in any other Agreement between GPNETWORKS and the Customer, on the part of the Customer to be observed and performed of the or if the Customer is otherwise in breach of the terms of the Customer Subscription Form or any other agreement between GPNETWORKS and the Customer.

    (Hereinafter a “Default”)

    All decisions made relating to termination of services following a Default shall be made by GPNETWORKS in its sole discretion.

    25.2. Following termination, notwithstanding how said termination may be occasioned, the Customer shall then promptly return to GPNETWORKS all equipment installed at its premises.

    25.3. If the Customer is not in Default, GPNETWORKS may terminate the Agreement by sending the Customer a written notice to this effect at least sixty (60) days before the termination date.

    25.4. In the event of termination of the Services, notwithstanding how said termination may be occasioned, the Customer shall immediately pay GPNETWORKS all unpaid charges for the Services rendered before the termination date thereof.

    26. Limitation of Liability
    26.1. Notwithstanding anything to the contrary in this Agreement GPNETWORKS’s liability shall be limited to awarding proven, immediate, direct, and foreseeable damages and shall not include:

    26.1.1. any loss of revenue or profit, loss of customers, income, or anticipated savings;

    26.1.2. damages for data loss or damage;

    26.1.3. any punitive, exemplary, ancillary, incidental, special, or indirect damages, even if the Customer could reasonably foresee the possibility of such damage or be informed thereof.

    26.2. The Customer acknowledges that, , the company’s liability shall be further limited to an amount equal to the higher of the following amounts: $100.00 or the value of the amounts paid by the Customer to GPNETWORKS for the Services in the three (3) months preceding the event giving rise to the claim.

    26.3. To install the equipment required to provide the Services, GPNETWORKS may need to drill holes, screw, install fixtures, run cables and perform other installation activities that impact the Customer’s home or building. The Customer consents to the same and agrees that GPNETWORKS will not and shall be under any obligation to restore the premises to their pre-installation condition or repair any damage related to the installation or removal of the equipment. Further, although GPNETWORKS attempts to arrive at the agreed upon time to perform any installation or repair, the Customer may not claim any damages related to any delay.

    26.4. All limitations of liability in this Agreement also apply to GPNETWORKS suppliers and subcontractors involved in service delivery as if the Agreement had been concluded directly therewith.

    26.5. The Customer will:

    26.5.1. be liable to GPNETWORKS for all losses, costs, damages, and expenses GPNETWORKS sustains, pays, or incurs; and

    26.5.2. indemnify and save GPNETWORKS harmless against all actions, proceedings, claims, demands, losses, costs, damages, and expenses brought against or suffered by GPNETWORKS or that GPNETWORKS sustains, pays or incurs, as a result of a breach by the Customer of a term, condition, covenant, proviso or agreement of this Agreement, or of a term, condition, covenant, proviso or agreement of the Customer Subscription form or any other agreement between the Customer and GPNETWORKS, or as a result of negligence or willful misconduct of the Customer.

    27. No Guarantee
    27.1. The only obligation of GPNETWORKS under this Agreement is to take reasonable measures to provide the Customer with the agreed Services. GPNETWORKS does not guarantee uninterrupted or trouble-free operation of the Services. If the Customer has an alarm system from a third party, the GPNETWORKS Services may interfere with or interrupt such system. GPNETWORKS further does not guarantee the proper operation of the Services if such Services are connected to a third-party Internet service.

    27.2. The Services are subject to availability of the appropriate facilities and equipment and are therefore not available everywhere.

    27.3. On occasion, during installation, despite preliminary assessments, GPNETWORKS may not be able to provide the Services as they do not meet the company’s standards, in which case the installation will be cancelled and any amount already paid by the Customer for the Services will be returned or an alternative Service will be offered to the Customer.

    27.4. If the Services deteriorate after installation, GPNETWORKS will try to remedy the situation. If GPNETWORKS concludes that no solution can be reasonably implemented and GPNETWORKS does not offer an alternative service, the Customer may terminate this Agreement Immediately.

    28. Service Outage Credits
    28.1. GPNETWORKS utilizes network monitoring software to determine the status, up-time and general health of the network. For service outages that are found to be directly related to GPNETWORKS infrastructure and/or equipment failure, the Customer may be eligible to receive the following one-time account credit:

    28.1.1. 0 – 48 hours: $15.00

    28.1.2. 48 hours – 5 days: $20.00

    28.1.3. 5+ days: Determined on a case-by-case basis, at GPNETWORKS sole discretion

    28.2. The following are not eligible for accounts credits:

    28.2.1. Customers experiencing slow internet will not be eligible for account credits.

    28.2.2. Service outages that are the result of a violation of any terms in this Agreement.

    28.2.3. Service outages due to causes beyond GPNETWORKS control including but not limited to power outages, severe weather, natural disaster, or fire or any event outside the control of GPNETWORKS.

    28.3. In the event of a dispute in overall downtime, GPNETWORKS will rely on the information from network monitoring software of its choosing to inform any final decisions.

    28.4. Approved credits will be applied to the Customers account and will be reflected on the next billing cycle.

    28.5. The Customer must inform GPNETWORKS Technical Support or Customer Service of any Internet outage. Credit eligibility is dependent of the findings of GPNETWORKS in its sole discretion.

    29. Confidentiality and Privacy
    29.1. In relation to all telecommunications services provided by GPNETWORKS, unless the Customer provides express consent or disclosure is required by law, all information kept by GPNETWORKS regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by GPNETWORKS to anyone other than:

    29.1.1. the Customer;

    29.1.2. a person who, in the reasonable judgment of GPNETWORKS, is seeking the information as an agent of the Customer;

    29.1.3. another telecommunications company, provided the information is required for the efficient and cost-effective provision of telecommunication service and disclosure is made on a confidential basis with the information to be used only for that purpose;

    29.1.4. a company involved in supplying the Customer with telecommunications related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;

    29.1.5. an agent retained by GPNETWORKS in the collection of the Customer’s account, provided the information is required for and is to be used only for that purpose;

    29.1.6. public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information;

    29.1.7. an Affiliate involved in supplying the Customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.

    29.2. Express consent may be taken to be given by the Customer if the Customer provides:

    29.2.1. written consent,

    29.2.2. oral confirmation verified by an independent third party,

    29.2.3. electronic confirmation through the use of a toll-free number,

    29.2.4. electronic confirmation via the Internet,

    29.2.5. oral consent where an audio recording of the consent is retained by GPNETWORKS, or

    29.2.6. consent through other methods, as long as an objective documented record of the Customer consent is created by the Customer or by an independent third party.

    29.3. The Customer consents to the investigation, disclosure and communication by GPNETWORKS, its affiliates and their agents, of information concerning the Customer in order to assess the Customer’s creditworthiness or to market new products and services to the Customer. The Customer agrees to allow GPNETWORKS to disclose:

    29.3.1. any Customer information that its representatives and suppliers require to perform this Agreement, provided that the disclosure is made on a confidential basis and that the information is used strictly for that purpose;

    29.3.2. any information that becomes public without GPNETWORKS violating its confidentiality obligations.

    29.4. GPNETWORKS will comply with the provisions of the Personal Information Protection and Electronic Documents Act (Canada) applicable to GPNETWORKS as the Customer’s service provider concerning access, transmission, storage and use of the Customer’s personal information made available to GPNETWORKS in connection with provision of the Services. The parties agree that the Customer will allow its employees and possibly other users (collectively the “Users”) to use the Services provided by GPNETWORKS under the Agreement and that such use may result in GPNETWORKS keeping, as part of the execution of the Agreement, documents containing communications from or to such Users. The Customer represents and warrants that it has obtained all the necessary consents from such Users and has provided them with all the necessary notices to allow the collection, use and disclosure of such documents and records by GPNETWORKS and between the Customer and GPNETWORKS. The Customer will be responsible for and hereby indemnifies and saves GPNETWORKS harmless from, any and all damages, loss or expense, including reasonable legal fees incurred by GPNETWORKS following a claim against it, insofar as such claim is related to the collection, use or disclosure of such documents in a manner authorized or requested by the Customer.

    29.5. Information provided by the Customer may be stored on servers outside Canada. The information will be protected with appropriate security safeguards but may be subject to access under the laws of the foreign jurisdiction.

    30. Late Charges
    30.1. All bills are due 30 days from date of receipt.

    30.2. Amounts outstanding at the end of the 30-day period will be assessed a late charge of $2.50 per month calculated from the billing date of said amounts, until full payment is received.

    30.3. Customers must allow sufficient time for their payment to reach GPNETWORKS before the date stated on the bill. It often takes seven (7) business days to receive payments sent by mail and three (3) business days for payments made at a financial institution.

    31. Assignment
    31.1. The Customer shall not assign, transfer or dispose of this Agreement, in whole or in part, without GPNETWORKS’s prior written consent.
    31.2. GPNETWORKS may assign this Agreement and all other agreements between GPNETWORKS and the Customer at any time for any reason in its sole discretion.

    32. Force majeure
    32.1. GPNETWORKS shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is directly or indirectly attributable to one of the following causes: a) fire, flood, earthquake, natural disasters or pandemic; b) riots, terrorism, civil disorders, rebellions or revolutions; c) labour conflicts; d) any other causes reasonably beyond the control of GPNETWORKS; and shall be relieved from performing or fulfilling its obligations for the entire duration of the force majeure so long as GPNETWORKS is unable to resume performance of its obligations despite reasonable efforts in this regard. Where used herein, the word “pandemic” specifically includes COVID-19.

    33. Applicable Laws
    33.1. GPNETWORKS is a company subject to federal legislation. Any issue concerning the validity, interpretation, application or execution of this Agreement will be governed by applicable Canadian laws and regulations and by applicable provincial laws and regulations required thereby. In all other cases the parties agree that the laws of the Province of Alberta shall apply to this Agreement.

    33.2. During this Agreement, any decision, notice or other order from the CRTC or any other competent regulatory body shall apply to the extent provided, notwithstanding the provisions of this Agreement, including any decision, notice or other order that could lead to price changes.

    34. Contact
    34.1. The Customer can contact GPNETWORKS by the telephone numbers or email addresses listed on the GPNETWORKS website.

    34.2. Technical Support can be reached: Monday to Friday: 9:00 a.m. to 6:00 p.m. by the telephone numbers or email addresses listed on the GPNETWORKS website.

    34.3. Customer Service can be reached: Monday to Friday: 6:00 p.m. to 9:00 a.m.; Saturday to Sunday 24 hours/day by calling the main GPNETWORKS office line.

    Specific Terms and Conditions for GPNETWORKS Products and Services
    1. Voice over IP (VoIP)
    1.1. VoIP telephone services are monthly telephone services that utilize an internet connection.

    1.2. VoIP services are only available for Customers with fiber optic internet.

    1.3. While most analogue telephones are compatible with VoIP, GPNETWORKS does not guarantee compatibility of Customers existing telephones with VoIP. In cases of incompatibility, the Customer will be responsible for the cost of a compatible phone.

    1.4. GPNETWORKS will setup and configure all new VoIP services. Warranty and Customer Obligations as identified in this Agreement apply to VoIP services and hardware.

    1.5. All VoIP services come with unlimited local and North American calling, caller ID, voicemail, call forwarding and conference calling at no additional cost.

    1.6. The Customer is responsible for any charges that apply for carrying forward a Customer’s existing telephone number (“Port Forward”) and custom (“Vanity”) phone number searches.

    1.7. The Customer is responsible for the costs charged by GPNETWORKS for calls made from the Customer’s telephone number and for all collect calls accepted, regardless of who made or accepted them.

    1.8. Additional charges apply for government required services such as 911 emergency service.

    1.9. Installation, troubleshooting and service call charges as outlined in this Agreement apply to all VoIP services.

    1.10. Subject to any right the Customer may have under applicable legislation, including any right to transfer a number to another telecommunications provider, the Customer does not own or have any property rights in any telephone number assigned by GPNETWORKS in connection with the Services. GPNETWORKS may have to change such telephone numbers and, if so, will send the Customer reasonable advance notice, without further liability.

    1.11. The Customer authorizes GPNETWORKS to make the necessary changes with its former carrier to transfer the Customer’s local telephone numbers. The Customer further authorizes GPNETWORKS to transfer or disconnect the local telephone numbers from the Customer’s former carrier.

    2. Internet
    2.1. GPNETWORKS offers both wireless and fiber optic internet services dependent on Customer location.

    2.2. Internet Service provides the Customer with access to Internet.

    2.3. GPNETWORKS Internet Services are offered at speeds measured between:

    2.3.1. The Customers router to the nearest speed test server (fiber optic internet)

    2.3.2. The Customers radio to the nearest GPNETWORKS fiber optic telecom tower (wireless internet).

    2.4. Although GPNETWORKS agrees to take reasonable efforts to provide the Customer with the maximum speed, GPNETWORKS cannot guarantee that the maximum connection speed will be available at all times and in all places.

    2.5. The Internet Service maximum speed may vary depending on the technology environment, location, configurations, network congestion, use of services within the home, number of users connected and Customer’s devices. Other factors, such as weather conditions, can affect the speeds recorded.

    2.6. Speed and signal reception can vary depending on the location and configurations of the wireless modem/router and Wi-Fi boosters, location and capacity of the wireless devices, number of neighbouring networks, number of Wi- Fi devices active on the network and the home’s construction materials. Additional equipment may be required to provide optimal performance.

    2.7. The Customer agrees to respect the data limits of the selected Internet Service. All overages will be billed according to the rates then in effect. The data limits of the Internet services and applicable rates are set out in the Customer Subscription Form. Customers can consult the customer portal for more information on data consumption and the tools available to them.

    2.8. Mobile applications using Wi-Fi use the Customer’s internet service data.

    2.9. The Internet Service cannot be used to run servers, cannot be shared, resold or transferred or be used for commercial activities. Despite any provision to the contrary, GPNETWORKS reserves the right to impose certain reasonable conditions and limits on use of the Internet Service. The Customer must read the GPNETWORKS Acceptable Use Policy online at: http://www.gpnetworks.ca/gpnet/aup

    2.10. The Customer is responsible for access through a username and password and for keeping this information confidential. Simultaneous connections using the same username and password are prohibited. Any violation of this provision constitutes a breach and will result in additional charges, which charges will be communicated to the Customer on request.

    2.11. The IP addresses registered and assigned by GPNETWORKS are the property of GPNETWORKS and their use by the Customer is authorized solely during the duration of this Agreement. The right to use a GPNETWORKS IP address ends when the GPNETWORKS Services come to an end.

    2.12. GPNETWORKS provides no guarantee with respect to the security of the Customer’s network connected to the Internet. The Customer is solely responsible for taking all reasonable security measures to protect its data and network, including anything related to material harm resulting from a computer virus, a change in software configuration, content, use, validity or quality of the GPNETWORKS Services provided over the internet, loss or destruction of data due to intrusion or otherwise, or unauthorized interception of communications.

    3. Use and Privacy
    3.1. The Customer agrees to use the Services for personal purposes only and in accordance with the law, including the National Fire Code, the Safety Code and all applicable municipal bylaws. The Customer must verify whether permits are required and pay any fees therefor.

    3.2. The Customer agrees to respect the principles of privacy and image rights. The Customer may not use the Services to harass people or violate individuals’ reasonable expectations of privacy.

    3.3. The Customer acknowledges that certain equipment may not be functional if there is a power failure or breakdown in internet or mobile services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of the equipment, such as electrical interference, weather conditions and other factors beyond GPNETWORKS’ control.

    Appendix A

    Compensation in case of loss, theft, breakage, destruction or non-return of equipment*:

    Equipment Amount Payable
    Nanostation AC Loco $85
    Powerbeam M2 $150
    Powerbeam M5 $150
    Nanostation M5 $145
    Nanostation M2 $145
    *Plus applicable taxes