Terms of Service
HubSmart Networks Corp. and HubSmart (“Company”) may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. Modifications to the TOS shall not be grounds for early contract termination or non-payment. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease any type of participation in the Program.
By activating your account with our Company, you agree to the above policies and disclaimer. Upon requesting an account, you are required to accept the terms listed in our TOS.
Payments may be made via PayPal or Credit Card. You will be responsible for paying your invoices every month and on time. We may choose to invoice approved clients who may pay via company cheque once account has been established. All accounts with dishonored cheques will be charged a $50 fee.
Charges shall commence to accrue on the date that our Company provides to Customer. Payments are due on the anniversary date of the month for that month’s service. Any additional charges, including, but not limited to, any late fees and any usage-based charges, including, but not limited to, bandwidth overages, shall be invoiced in arrears and shall appear on the monthly invoices for Services and Products or as separate invoices.
Company reserves the right to lock any account after delinquent payments or failure to make payment arrangements 15 days after your invoice is due. Such termination or denial will not relieve Subscriber of the responsibility for the payment of all accrued charges and any collection fees.
Reconnect fee – Any account that is suspended due to nonpayment will be charged an additional reconnect fee in the amount of $50.00 (CDN).
Declined Credit Cards – Credit cards that are declined for any reason are subject to a $5.00 (CDN) declination fee.
You can email or call our billing department at any time if you feel there is a problem with your account or bill.
TERMINATION OF SERVICE
In the event that there is no active contract term in effect, the customer reserves the right to cancel service with the provider at any time during a billing term with a 30-day notice. Cancellations will occur immediately but any invoices that have been generated for the subsequent billing month will remain due on receipt. Cancellations must be requested via the control panel ticket system or by emailing firstname.lastname@example.org. Cancellations over the telephone and informal email will not accepted.
Company reserves the right to terminate your service for any action deemed unacceptable by our Company rules. You should understand and agree that our Company shall be the sole determiner in cases of suspected abuse, fraud or violation of its rules and any decision it may make relating to termination of membership (including cancellation of commissions) shall be final and binding.
SPAM and ABUSE
Company is committed to a zero-tolerance, anti-Spamming policy, acceptable use policy (AUP). Under this policy, we prohibit Spam, suspicious and/or abusive activities or any unsolicited commercial emails, from being sent either: Over the Company network, by customers or any other users of the Company network (including customer’s customers). We also prohibit the selling of products that can be used for spamming and/or network abuse.
We react quickly and seriously to violations and we further reserve the right to terminate the services without prior notice of any customer disregarding this policy.
If you have any complaints or comments regarding spam and/or abuse on our network, please direct them via our support help desk.
REFUSAL OF SERVICE
We reserve the right to refuse, cancel or suspend service at our sole discretion.
QUALITY OF SERVICE
Service Level Agreement Terms for direct internet customers: Company will provide a 100% uptime guarantee. Should internet availability become unavailable for a cumulative period of 15 minutes in any one calendar month, Customer will receive a refund equivalent to one month of Customer’s Recurring Monthly Fees for that month. This up time guarantee is limited to direct customers only and do not include wholesale clients. It is the responsibility of the Customer to request a monthly refund via the Company’s support help desk within 5 days of the reported outage.
This Service Level Agreement does not cover outages due to scheduled or emergency network and/or server maintenance, which will be broadcast to all customers in advance.
Any and all refunds to customer will not exceed 100% of the Customer’s Recurring Monthly Fees for the month in which the refund is paid.
Company shall not be deemed to be in default of any provision of this agreement or be liable for any failure of performance of the services resulting, directly or indirectly from any: weather conditions, natural disasters, action of any governmental or military authority, failure caused by the carrier or other internet provider, other forces or occurrences beyond its command and control.
Our Company will not be responsible for notice failures caused by an error in your email program, an inaccurate email address provided by you, your failure to check your email or your failure to inform our Company of a change in your email address.
Company designates time periods (“scheduled maintenance windows”) during which it may limit or suspend the availability of the service to perform necessary maintenance or upgrades. Company will only provide notice via electronic mail to customer of scheduled maintenance.
Company provides technical support to our subscribers via control panel ticket system and email. Company provides support related to your services or account directly and does not provide any kind of technical support for YOUR customers. HubSmart will not provide any technical support for any hardware past the modem that was purchased by us or rented by us. Any other network related issues to both configuration or hardware not related to hardware supplied by HubSmart will remain the responsibility of the Customer and/or your third party service provider(s).
Company provides its customers with access to real time payment gateways. You will use these gateways at your own risk. Company will not be held liable for processing credit cards or taking online payments directly or indirectly using our equipment or any gains or losses incurred by using them. Please make sure to keep all your data in a secure location.
CUSTOMER SECURITY OBLIGATION
The customer is expected to maintain a secure password consisting of at least 8 characters, a mixture of numbers, special characters and mixed-case letters to access the HubSmart client portal.
Customer agrees to indemnify and hold harmless against losses, claims, damages, liabilities, penalties, actions, proceedings or judgments to which an indemnified party may become subject and which losses arise out of, or relate to this agreement or customer’s use of the services, and will reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending or settling any loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
Company cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by company are resold. Thus, certain equipment, routing, software, and programming used by our Company are not directly owned or written by our Company. Moreover, Company holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as company sees fit.
Company may offer services with “unlimited” bandwidth but reserves the right to cancel and/or terminate any unlimited services at our sole discretion. Alternatively, we may offer Customers that are using higher than normal bandwidth a quota limit with additional charges per GB of usage.
MONEY BACK GUARANTEE
Company is pleased to offer a 30-day money-back guarantee on all packages. If we should fail to provide you with the level or type of service you require, you will receive a full refund (minus setup fees and other charges) if you cancel your account within 30 days of the activation of your account.
No refunds are available after 30 days. Any request for cancellation must be received via our online support ticket system (inside the control panel). Once a request is placed it will be processed upon verification. Cancellations over the telephone and informal email are not accepted. Our guarantee does not apply to accounts which violate our acceptable use policies, exceed the data transfer limits, or accounts you have resold.
Accounts cancelled/terminated by our Company for violating our company rules, accounts which exceed data transfer limits and other assigned resource limits do not qualify for the 30-day money back guarantee.
Governing Law. The Agreement and the relationship between you and us is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent, you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario and waive any objection as to venue or inconvenient forum.
Mandatory Arbitration and No Jury Trial. Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Toronto, Ontario and shall be conducted in English. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, ONTARIO.
No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
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 HubSmart 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 HubSmart and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
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.
French Language. The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only.
FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.hubsmartt.com, or as otherwise may be required by applicable law. Subject to applicable law, 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 or otherwise amended in accordance with applicable law, 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 Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in cancellation policy section above.
Personal Information. To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by HubSmart , assignees of HubSmart , and their respective affiliates, agents and contractors for the following purposes: (i) providing products and services to the customer, (ii) contract management and administration, (iii) establishing a customer relationship and communicating with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement purposes and collecting unpaid debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the customer on other products and services which may be available; and (viii) otherwise as required or permitted by law or this Agreement. The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with HubSmart, by notifying HubSmart Privacy Officer in writing at email@example.com. Further information on HubSmart privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. For the purposes of this Section, “personal information” does not include the name, address and telephone number of a subscriber that appears in a publicly available directory.
You agree to comply fully with all relevant export laws and regulations of Canada, and without limiting the generality of the foregoing, you expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by such laws or regulations.
Last Updated: October 2, 2016