Terms of Use

Introduction

This Agreement forms a legally binding contract between you and Uplinks.

First, you acknowledge and warrant that you are of the age of majority and therefore you have the capacity to enter into this contract with Uplinks.

The following terms and conditions are applicable to the services covered by this agreement; to the extent of any inconsistency between the provisions thereof and the applicable rules issued by the CRTC, the latter will prevail.

The updated version of these terms and conditions can be found on the Uplinks website at: www.uplinks.io or is available by calling the customer service number 1-888-273-7515.

The Agreement will enter into force upon the installation of the equipment and remains in force until terminated by one of the parties in accordance with the Agreement, regardless of the customer’s use of the service.

If the Agreement was signed for a fixed term and if the customer does not request to roll over the subscription for another period longer than 60 days, the agreement will be renewed at maturity for an indefinite term at the then-current rate, and the Customer may at any time, upon payment of the monthly Service fees, if applicable, terminate the Agreement without any compensation.

Notification of Changes to the Agreement

The Customer acknowledges and agrees that Uplinks may change, from time to time, each of the clauses in the Agreement, including the monthly service fees and flat rates, options and excess use as well as the nature of Services.

Uplinks will send the Customer, via the email address provided, 30-days notice before the amendment enters into force.

The Customer may refuse the amendment and terminate the amended Agreement, within 30 days following the notification, subject to payment of amounts due for the use of the Service until the termination date. If the Customer shows no objection within the periods agreed upon, the Customer will be deemed to have accepted the amendment and any subsequent termination of a fixed-term contract is liable to compensation for contract termination before expiration.

Payment methods for Services

By using a credit card, direct debit from a bank account or another payment method, the Customer expressly authorizes Uplinks to bill that card, that account or by any other payment method for every agreed access cost. If the Customer uses a credit card, direct debit from a bank account or another payment method and Uplinks does not receive payment from the card issuer, the financial institution or their agent banks or through the other payment method, as applicable, the Customer agrees to pay all amounts due upon overdue payment notification by sending an email to the email address provided by the Customer, failure to do so will result in suspension of benefits; it will be borne by the customer and the service will be reactivated after payment of charges due.

1 - Definition

For the purposes of this Contract, the following definitions apply:

1.1 Your address

The address where the equipment is located and where the Services are provided.

1.2 You

A natural or legal person who obtains one or some services for personal or professional purposes.

1.3 Equipment

The equipment or software that is provided, lent, leased or sold by Uplinks.

1.4 Service

The Internet or VoIP telephony access service offered as part of this contract supports a single Internet connection. And Uplinks cannot in any case guarantee a constant maximum connection speed: it is rather an intermittent and interactive use.

1.5 Overconsumption

Exceeding the bandwidth threshold set for the package selected by the customer.

1.6 Price

The price or monthly fee payable for the Services offered by Uplinks.

1.7 Carrier

Any other third party owner of a network through which Services are provided

1.8 ITMP

Internet Traffic Management Practices

1.9 Compensation

Failure to return the leased or loaned equipment, 15 days after the date of termination of the agreement, the customer tacitly authorizes Uplinks to charge for the compensation corresponding to the price of the equipment provided.

2 - Terms and Conditions Related to Services

Services covered by this Agreement are strictly for the Customer’s use and the Customer remains responsible for this use.

2.1 Abuse management

You further agree to comply with the whole Uplinks policy with regard to the Service (including, but not limited to, the abuse management policy)

• You agree to provide complete, accurate and up-to-date information about yourself, in accordance with the subscription process and to continuously update this information if necessary to keep it true and complete.
• You agree that Uplinks will not be responsible for obligations and expenses related to any violation arising from this agreement or your use of the Service or its use by any other person using your account.
• You hereby agree to release Uplinks from all obligations in this regard. In addition, you agree to notify Uplinks of any unauthorized use of your password or account.
• You also agree that the residential Service can only be used by you and the members of your household and you cannot transfer or provide others such as neighbors and co-tenants with your password and your user name.
• You release Uplinks from any responsibility for damages resulting from any interference and/or interruption of your alarm system.

2.2 Your obligations and responsibilities

By using Uplinks’ services, you agree to not:

• libel, abuse, harass, track or threaten others or violate in any way whatsoever others’ legal rights, including in particular minors’ rights and rights of privacy and publicity with respect to the image.
• post, transmit, link to or distribute, in any way whatsoever, inappropriate, profane, defamatory, fake, obscene, indecent or unlawful content or information;
• post, transmit, link to any software or information containing viruses or other harmful or disruptive components. In addition, you agree, including, without limiting the foregoing, not to display or distribute illegal content, including child pornography or other slanderous, obscene, hateful, threatening, racist, ethnically-offensive or defamatory contents which are reprehensible per se, or encourage in any way whatsoever, conduct that would constitute a wrongful act;
• use email service to post, transmit or facilitate the creation or distribution of chain letters, spam or any other unsolicited multiplier messages, such as surveys, contests and pyramid schemes. In addition, you should not falsify logos or manipulate in any way whatsoever the identifiers of any kind in order to conceal the origin of any content transmitted through the email service;
• Upload, post, publish, transmit, reproduce, link to or distribute, in any way whatsoever, information, documentation or software obtained through the intervention of the Service, or any by-product, which are protected by copyright or any intellectual property right, without the permission from the holder of such rights;
• You undertake to grant any duly authorized Uplinks representative reasonable access, during regular business hours, to the places where the Services are or will be provided, as well as to on-site equipment, in order to install, inspect, repair, maintain equipment, ensure compliance with your obligations.

3 - Uplinks’ Liabilities

As a reseller, Uplinks is committed to an obligation of means and not an obligation of result.

Uplinks will fulfill its obligations under this agreement with diligence and to the best of its knowledge; therefore Uplinks is liable:

• For any delay in installing services, Uplinks' liability is to credit the price of the basic services for that amount of time covering the period between the confirmed date of the appointment for the installation of the service(s) and the date of actual installation.
• For interruption of services for technical reasons or for maintenance purposes, in case of interruption of basic services for a period of at least 48 consecutive hours, Uplinks' liability is to credit the price of the basic services for that amount of time.
• In case of disagreement, to execute any judgment made by a court, following the failure of an out-of-court agreement between Uplinks and the client.

4 - Internet Traffic Management Policy

The Customer understands and agrees to the Internet traffic management policy described below:

• To ensure that we offer the best Internet service to all customers, Uplinks applies a traffic management policy on Internet access. These traffic management measures are applied to prevent some modems from affecting the quality of service.
• The Internet traffic management implemented does not target any particular type of traffic or specific applications or protocols. It simply concerns data transmission.
• A system periodically checks the usage rate of each channel made up of a number of modems. If a channel is close to the saturation level, the system identifies modems that are transferring a large amount of data and places them in low priority. Depending on the severity and duration of the saturation, the data transmission speed of these modems may then be reduced.
• As soon as the modems reduce the flow of exchange or the channel usage drops to a level that prevents saturation, the prioritization is returned to normal and the speed of the modems is restored.

5 - Termination of Contract by the Client

The Agreement enters into force as from the activation of the Service and remains in force until terminated in accordance with the terms of the Agreement by either party.

• If a Contract is entered into for a fixed term, it will be automatically renewed for an indefinite period at the rate then in force.
• The customer can terminate the Contract.at any time and upon payment of the Price of the Services rendered and charges, if applicable.
• If you terminate a Contract in consideration of which some economic benefit or a discount was granted to you upon subscription, you will have to pay the termination fee equivalent to the economic benefit specified in the Contract, minus the product obtained by multiplying this benefit by the fraction constituted by the period from the coming into force of the Agreement with respect to the total number of months stipulated in the Contract in question.
• Uplinks may discontinue services or terminate the contract when the customer is in default of its obligations under the contract.
• In the event the contract is terminated, you agree to promptly return any leased or loaned equipment.

6 – Termination of Contract by the Provider

The customer may, at any time and at its discretion, terminate the contract by giving notice to Uplinks. Such termination by operation of law shall be effective upon delivery of such notice or upon the date specified in such notice by the customer.

• Fixed Term Contract – Where no economic benefit has been provided to the customer, the maximum compensation payable in the event of unilateral termination by the customer of a fixed term contract prior to the end of the term shall be the lesser of $50.00 or an amount not to exceed 10% of the price of the contracted services not provided.
• Contract for an indefinite period: In the event of unilateral termination by the client of a contract for an indefinite period, no compensation for termination may be claimed.
• Return of rented equipment: in the event that the equipment necessary for the operation of the service is provided to the customer on rent, this equipment must be returned to Uplinks in good working order on the date of termination, failing which Uplinks is entitled to claim the corresponding residual value from the customer.

7 - Promotions

The customer who takes an Uplinks subscription related to a promotion must respect the clauses of purchase (and / or rental and deposit – if applicable.)

Customers who have subscribed and have acknowledged and accepted the conditions related to any promotion: must also respect these same conditions when they are terminated.

As a result, if the customer had been able to take advantage of a promotional equipment rental policy and a refundable deposit, the latter also agreed to return the rented hardware in good condition – working and clean – within 15 days following the request for termination.

In the event that the customer wants to take advantage of a new promotion in progress: he/she agrees to return the material to be able to take full advantage of this new promotion. And that by agreeing to adhere to this new offer: it loses any benefit related to the previous promotion and can not in any case return to this old promotion – whatever it is – if it has already expired.

The customer also understands that the term “free installation” clearly specifies a free service activation fee by Uplinks.

8 - Credit Investigation, Personal Information and Confidentiality

• You hereby authorize Uplinks and its agents to verify your personal financial situation by conducting a credit investigation with third parties. All personal information gathered by Uplinks will be processed so as to ensure its confidentiality.
• You confirm that the personal information provided is accurate and that it can be used to manage your file (credit screening, billing, collection, etc.)

9 - Privacy and Internet

You understand and acknowledge that the privacy of messages sent over the Internet is not ensured. Although there are ways to conceal your identity when you communicate through the Internet, your anonymity is not guaranteed. Use of the Service is at your own risk.

10 - Subscription Transfer

The subscription liability cannot be transferred without the mutual consent of the current account owner and the consent of the person on whose behalf the liability transfer will take place.

11 - Payment

Order taking is subject to payment of the quick setup package: these upfront fees intended to cover connection and one-time set-up costs are only refundable subject to these two exceptions:

1. When the address for the installation of the service requested by the customer is outside the areas served by Uplinks.
2. When Uplinks is unable to install the service for the customer because of constraints mentioned by the carrier.

The equipment (modem and router) required to connect to the internet service can be

1. Either purchased.
2. Or rented and – if applicable – subject to a refundable deposit at the end of the internet service contract; in the latter case the customer will have to pay for one or both devices, along with the monthly fee.
3. Or provided by the customer when it is compatible with the required standards, in this case, activation fees may apply.

Regarding the purchase and/or rental of hardware that came into effect in 2021:

• Depending on the technology and the hardware related to its operation: two (2) types of purchase terms are available:
  • One payment at subscription
  • Multiple equal predefined installments in addition to monthly billing
• In case of termination prior to the activation service or during the warranty period of 15 days after installation, all fees will be refunded.
• In case of termination after the 15-day warranty period:
  • For any equipment purchased, no return of the equipment will be accepted and no refund is possible.
  • For equipment rented with a security deposit, this will not be refunded until the equipment is returned in good condition – working and clean.
  • For equipment rented without a security deposit, if the equipment is not returned in good condition – working and clean – within 15 days of termination, an amount equivalent to the actual value of the equipment will be deducted from the registered payment method without notice
• In the case where the new client, having chosen the policy of purchase in multiple equal predefined installments, would cancel his service before making the payment in full, Uplinks will automatically collect the total of the sum due at the time of service cancellation, if the 15-day service limit is exceeded.
• If the warranty period – 15 days of service activation – has not been exceeded upon termination, Uplinks will retain part of the payments made until the return of the equipment. The customer will have a period of 15 working days to return the equipment, failing which, a complete withdrawal of the remaining balance will be made.
• The customer who has used the purchase policy in multiple equal predefined installments, if he/she wishes, may voluntarily pay all of the remaining sum and thus keep his / her equipment during the termination of service.
• The first installment will be automatically withdrawn when ordering. The second installment will be taken on the day that the services are installed.
• The first monthly service fees will be withdrawn on the day of your installation.

Whether it is a fixed-term or open-ended contract, all Uplinks' services are prepaid (the customer is liable to pay the charges corresponding to the accruing period whether it is a monthly, semi-annual or annual period).

Once you have subscribed to the services provided by Uplinks, you agree to pay charges, including all applicable taxes and you undertake to authorize Uplinks to make direct debit withdrawals:

1. Either from your bank account references of which must be provided upon the first order subscription.
2. Or by charging to the credit card used upon the first order subscription.

Anyone other than Uplinks may not solicit payment, directly or indirectly, for the use of its services, unless otherwise duly notified and stated to the customer in writing.

It is your sole and unique responsibility to provide financial information, upon the order subscription, on the website or by telephone under the guidance of one of Uplinks' sales or support agents; therefore Uplinks can under no circumstance be held liable in case of proven use of fraudulent or stolen data.

You hereby acknowledge and agree that if your payment is refused or returned by your financial institution, for any reason whatsoever, your service may be subject to suspension, at the sole discretion of Uplinks.

You agree to cover all costs due to recovery or to any legal action taken in order to settle your account in accordance with this Contract, including, if necessary, attorney fees and judicial and extrajudicial costs.

You also acknowledge and agree to immediately inform Uplinks of any change in banking information or information relating to your credit card.

12 - Billing

• The billing date will be determined by the date of installation of the services.
• You agree to be responsible for the flat-rate of your contract and take full responsibility for the usage of your services by others.
• Any modification to the contract (addition or cancellation of a service or speed increase or decrease) made through the customer service by mail at: support@uplinks.io or by phone at the following number: 1-888-273-7515 is an amendment to the present contract and the new rate will correspond to the current one.
• Moving fees:
  • For each house moving, the client must notify the provider about the date of deactivation of the service, the actual address and the new installation date at the new address.
  • Relocation is provided with the payment of the installation fees as mentioned on the form available in the client portal (that form must be signed by the client so that the provider can start the relocation process)
  • If relocating the services to a new address, a new appointment must be made. The client must notify Uplinks at least 15 days before the installation date.

13 - Contract Amendment

You agree that Uplinks may, at any time and occasionally, amend this services agreement, by posting notice of such amendment on its website and you agree to regularly check this website in order to be aware of amendments to the contract. If you continue to use the Service after a notice of such amendment has been issued, you will be deemed to have accepted this amendment.

If you do not accept an amendment to this contract, you must cease use of the subscribed Uplinks Services.

14 - Final Provisions

This contract will be governed by the laws of the Province of Ontario and the federal laws of Canada, applicable therein, and will be construed in accordance with these laws.

Furthermore, you irrevocably agree, for the purposes of this contract, to the exclusive jurisdiction of the courts of Toronto.