1.      INTRODUCTION

1.1     Binding Agreement. Welcome to Uniserve! These Terms of Service (the Terms) constitute a legal agreement between Uniserve Communication Corporation (Uniserve us we or our) and you, the subscribing or purchasing customer (Customer, you, or your). These Terms govern your access and use of the Services and Equipment, among other things. Please read these Terms carefully.

1.2     Acceptance. BY ACTIVATING, ORDERING, SUBSCRIBING TO, PURCHASING, OR ACCESSING OR USING ANY OF THE SERVICES, OR BY CLICKING A BUTTON OR CHECKING A BOX INDICATING THAT YOU ACCEPT THESE TERMS, YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND HEREBY ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, OUR ACCEPTABLE USE POLICY (AUP), AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THE AUP, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE ANY OF THE SERVICES.

1.3     Entity. If you are activating, ordering, subscribing to, purchasing, or accessing or using any of the Services on behalf of an entity (such as a company or a society), then you confirm that you: (i) are an authorized representative or agent of that entity with the authority to bind such entity to these Terms; and (ii) agree to these Terms on behalf of such entity. In such a circumstance, the words you, your and Customer as used in these Terms will refer to and apply to both that entity and you personally.

1.4     Business Customers. This Agreement applies solely to Uniserves business customers and does not govern the provision of services that are purchased by individuals primarily for personal, family, or household purposes (Consumer Purposes). The purchase and use of services provided by Uniserve for Consumer Purposes are governed by our residential terms of service.

1.5     Age of Majority. You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Uniserve and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not subscribe for the Services.

1.6     9-1-1 Notice. Due to the nature of VoIP, there are certain limitations with respect to 9-1-1 services and availability when using our VoIP Services. Please carefully read our IMPORTANT 9-1-1 INFORMATION set out in Section 8 below.

1.7     NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION & JURY TRIAL. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 26.3 WHICH PROVIDES THAT YOU WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH UNISERVE, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, SECTION 26.2 OF THESE TERMS CONTAINS A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST UNISERVE AND ITS AFFILIATES. SECTION 26.2 ALSO CONTAINS A WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE READ SECTIONS 26.2 AND 26.3 CAREFULLY.

2.      MODIFICATIONS & AMENDMENTS

2.1     Modification of Services; Amendment of these Terms.

         (a)     We may modify the Services (including adding, updating, discontinuing, improving, or downgrading any Service or any portion of a Service, or modifying the quality or manner of delivery of a Service) or amend these Terms or any document or agreement referred to in these Terms at any time and for any reason by providing you with notice (such notice, the Change Notice) at any contact address (such as your email address) associated with your account (Account) with Uniserve. Such modified Services or amendment to these Terms will become effective and apply to you 15 days after providing the Change Notice (such period, the Notice Period) unless prior to such modification or amendment taking effect you terminate these Terms in accordance with Section 5.6 (Termination by You). Your continued use of the Services after expiry of the Notice Period confirms your consent to and acceptance of the modification or amendment described in the corresponding Change Notice. The most current version of these Terms will govern. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party.

         (b)     Notwithstanding Section 2.1(a), Uniserve may make non-material modifications to any Service or any portion of a Service, meaning such changes do not substantially alter the fundamental nature, value, or functionality of the Service you receive. Examples of non-material modifications include but are not limited to routine updates, enhancements, or administrative adjustments that do not adversely affect your use of the Service. Uniserve is not required to provide notice for such non-material modifications. Such modifications will be effective immediately

3.      INTERPRETATION & DEFINITIONS

3.1     Interpretation. For the purposes of these Terms: (a) the words include, includes and including will be deemed to be followed by the words without limitation; (b) the word or is not exclusive; (c) Section headings do not affect the interpretation of these Terms; (d) words in the singular include the plural and those in the plural include the singular; and (e) a reference to writing or written includes email except where a contrary intention is indicated.

3.2     Definitions. Capitalized terms have the meanings set forth or referred to in this Section 3.

Acceptable Use Policy or AUP means Uniserve acceptable use policy currently posted at https://home.uniserve.com/acceptable-use/.

Affiliate means a corporation that directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, Uniserve;

Carriers means third party providers of telecommunications services, such as providers of internet data services, providers of voice over internet protocol services, and providers of video and audio programming (TV) services.

Consumer Purposes has the meaning set forth in Section 1.4.

Control" (and the terms "Controlled by" and "under common Control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise;

Co-Location Services means data centre facilities for co-location of Customers IT equipment, including rack space, power, cooling, physical security, and network connectivity for the Customers servers or hardware.

"Dial-Up Internet Services" refer to an Internet access service that establishes a connection to the Internet via a telephone line.

Effective Date means the date you accept these Terms, whether in accordance with Section 1.2 or by any other means.

Equipment means any hardware, devices, or equipment that you rent or buy from us to facilitate your use or access of the Services, including the Loaned Equipment.

High Speed Internet Services often referred to as broadband, means any Internet service that offers faster data transmission rates than traditional Dial-Up Internet Services.

Internet Services means internet connectivity and related network access services, including High Speed Internet Services and Dial-Up Internet Services.

Managed IT Services means managed IT support and consulting services, such as help desk support, network management, software support, cybersecurity, data backup, and other IT outsourcing functions as may be detailed in a service plan or statement of work.

Other Users has the meaning provided in Section 18.9.

Person" means an individual, corporation, partnership, unlimited liability company, governmental authority, unincorporated organization, trust, association or other entity;

Cloud Hosting Services means remote desktop protocol services and cloud hosting services that provide Customer and its users with access to virtual desktops and/or applications through Remote Desktop Protocol (e.g. via Microsoft Remote Desktop clients).

Loaned Equipment has the meaning provided in Section 14.1

Services means any Uniserve services to which you are subscribed and that Uniserve agrees to provide to you. For example, depending on the details of your subscriptions, such services might include Internet Services, Telephone Services, Managed IT Services, Remote Desktop Protocol (RDP)/Cloud Hosting, Co-Location Services, or Web Hosting Services, among other services.

The Services exclude: (a) any services that Uniserve has agreed to provide you pursuant to a separate written agreement between you and Uniserve; (b) any services purchased by an individual primarily for Consumer Purposes.

Software means any software procured or managed by Uniserve on Customers behalf, software installed by Uniserve of Customers IT systems, software used for the purposes of accessing the Services, or Software used together with the Services, including, all related documentation.

Subscription has the meaning provided in Section 4.

Telephone Services means the Traditional Telephone Services or VoIP Services, as the context requires.

Traditional Telephone Services means telecommunication services that use analog technology to transmit voice signals over a wired network, typically employing the Public Switched Telephone Network (PSTN). This system relies on physical line connections, including copper wires and circuit-switched technology, to establish voice communication between two points. Traditional Telephone Services might also be referred to as "landline" or "POTS (Plain Old Telephone Service)" in some contexts.

VoIP means voice over internet protocol telephony services.

VoIP Equipment means any Equipment that you rent, lease, or buy from us to facilitate your use or access of the VoIP Services.

VoIP Services means any VoIP services or internet phone services to which you subscribe with us and which we agree to provide to you, but excluding any VoIP services or internet phone services governed by a separate written agreement between you and Uniserve.

Web Hosting Services means the provision of services that enable Customer to host a website or web application on servers, allowing internet users to access the Customer’s content online,

4.      SERVICES

4.1     Service Plans and Tiers (Subscriptions). Services are offered in various plans or tiers, which may differ in many respects, such as features, capacity, support level, pricing, and whether the service term is fixed-term or month-to-month. The specific plan(s) and tier(s) to which the Customer has subscribed (a Subscription), including any customized features or discounts, are detailed in the Customers order confirmation documentation issued by Uniserve to the Customer. If the Customer is already receiving Services from Uniserve at the time these Terms are first accepted by Customer, the Customers Subscription for Services will, as at the time these Terms are first accepted, be as detailed in the invoice or receipt most recently issued to the Customer for those Services, subject to any modifications agreed to in writing by Uniserve. For more information about fees and your Subscription details, please review the communications we send to you. These Terms apply to all Services we provide to you.

4.2     Changes to Subscriptions. If the Customer requests an upgrade, downgrade, or other change to their Subscription (including adding or removing Services or features), such changes must be agreed in writing by Uniserve before they will become effective (which may include email confirmation or an online service management portal). Any agreed upon changes to your Subscription will become effective starting from the next billing cycle unless otherwise agreed in writing. Any applicable change in fees (prorated as necessary) will be reflected in the next billing cycle; however certain change may require payment initial upfront fee. Uniserve will endeavor to implement service changes promptly; however, certain changes may require technical lead time. Until a requested change is confirmed as completed by Uniserve, the Customer is responsible for the charges under their existing Subscription. Please note that changes to your Subscription may result in a modification of your rights and obligations under these Terms. You are responsible for reviewing any updated terms associated with your new Subscription. Uniserve may reject a request for a change to your Subscription for any reason.

4.3     Order Confirmation. Advertisements respecting our products and services are invitations to you to make offers to purchase products and services and are not offers to sell. A properly-completed order for any of our products or services constitutes only your offer to purchase the products or services in your order, even if Uniserve has processed payment for such offer. Your order will be accepted only if and when Uniserve communicates confirmation of acceptance of your order by email. Confirmation will confirm the details of your order and our acceptance of it. Upon delivery of such confirmation email, a binding contract between you and Uniserve will be formed with respect to the products and services detailed in the confirmation email. Similarly, if you request a change to the Services you receive and we agree to those changes, we will send you a confirmation email. Please note that we are not obligated to provide any services that we have not confirmed acceptance of in writing. Therefore, it is important to wait for our confirmation email before assuming that your order has been accepted. Thank you for your understanding.

4.4     Service Availability. Unfortunately, our Services are not available everywhere you can subscribe to our Services only if you live in one of our service areas and only if we determine that your intended location to receive the Services meets our services requirements. Such determination may require access to your premises by either us, one of our authorized contractors, or one of our Carriers or their authorized contractors. Contact us or check out our website to confirm if you live within one of our service areas. Availability of Services is also dependent on the availability sufficient facilities, infrastructure, and technology at your intended location of the Services. We reserve the right to determine that a Service is not available to you or at your intended location. Some Service features or response times may vary by region.

4.5     Carriers. Many of our Services are reliant on infrastructure, facilities, and technology provided by Carriers. Consequently, our ability to provide you with Services and the performance of the Services may be limited by our Carriers or affected by factors outside of our control. You agree that we are not liable for any acts or omissions of our Carriers.

4.6     Equipment. Receipt of certain Services may require that you purchase or rent additional Equipment or obtain other services from other providers of telecommunication services.

4.7     Services Conditional. Your access and use of the Services is conditional upon your agreement with and continued compliance with these Terms.

4.8     Technical Support. Uniserve has no obligation under these Terms to provide any maintenance or support services in relation to the Services unless you have an active Subscription for Managed IT Services and then only as detailed in your Subscription.

4.9     Service Restrictions. Unless explicitly authorized in writing by Uniserve or included in your Subscription, you shall not:

         (a)     repackage, retransmit, rebroadcast, or distribute our Services

         (b)     sell or otherwise provide our Services to other persons; or

         (c)     use our Services to offer or operate any hosting services, data storage services, or other data intensive online services.

4.10    Service Migration. At our sole discretion and without requiring your approval, we may migrate your Services to different networks or platforms or modify our service providers (including Carriers). Any such migration or modification will not be deemed an amendment to these Terms or a modification of the Services.

4.11    Transfer Rates. The Internet Services may have transfer rate limitations as described on our website or in our communications to you. If you exceed a transfer rate limit, Uniserve may charge an additional fee per gigabyte until the transfer rate limit resets, or may suspend or terminate the High Speed Internet Services.

4.12     Unlimited Plans. Despite any Service being described as unlimited, Uniserve may suspend or terminate the Service if your usage: (a) is outside of the ordinary range of use for similar business customers; (b) consumes excessive network capacity as determined by Uniserve’s reasonable network management practices; (c) adversely affects our ability to provide services to our other customers; or (d) is abusive.

4.13     High-Risk Use. The Services are not designed or meant for use in high-risk environments requiring fail-safe performance (such as operation of nuclear facilities, life support systems, emergency communications, aircraft navigation, or any other uses where failure of the Service could lead to death, personal injury, or severe property or environmental damage). Any such use is at the Customers own risk, and the Customer agrees that Uniserve has no liability arising from the use of Services in any high-risk environment.

4.14    Maintenance of Equipment and Software. Uniserve is not responsible for the installation, operation, maintenance, or support of any equipment or software owned or used by you, including, any equipment or software used in connection with the Services, unless such services are expressly agreed to in writing by Uniserve as part of the Managed IT Services (Examples of such written agreements may include a service contract detailing specific maintenance tasks, an email confirmation outlining agreed-upon support services, or an addendum to an existing agreement specifying particular responsibilities Uniserve will undertake).

4.15     Service Level Commitments. Uniserve will make commercially reasonable efforts to provide the Services covered by your Subscription, but makes no commitments respecting service performance, uptime, or response times under these Terms or otherwise in respect of any of the Services. If Uniserve has made any such commitments in respect of a Service, such commitments will be defined in a separate written service level agreement signed by an authorized representative of Uniserve that is specific to your Subscription. To be binding, a service level agreement must be documented in writing and signed by an authorized representative of Uniserve.

4.16     VoIP Services (9-1-1 Emergency Calling). The Customer acknowledges that VoIP 9-1-1 emergency calling has important limitations compared to traditional landline 9-1-1 services. For important information, terms, limitations, and acknowledgements related to the VoIP Services, please see Section 8 (Important 9-1-1- Information).

5.      TERM AND RENEWAL; CANCELLATION AND SUSPENSION OF SERVICES.

5.1     Term. These Terms commence on the Effective Date and continue until: (a) all Subscriptions have been cancelled in accordance with these Terms; or (b) these Terms have been terminated in accordance with this Section 5.

5.2     Renewal. For any Services provided on a fixed contract term basis (e.g., 12, 24, or 36 months as specified your accepted order or service quotation), at the end of the initial term the Service will automatically renew on a month-to-month basis or for a successive term of equal length, as indicated in the corresponding service order or Uniserves renewal notice, unless either party gives written notice of non-renewal at least 60 days (or the period specified in the accepted order or service quotation) prior to the end of the then-current term. Each Subscription for Services without a specified term (month-to-month services) is a recurring subscription that auto-renews successively on a month-to-month basis until cancelled by either party with notice.

5.3     Cancellation of Services.

         (a)     Month-to-Month Services. If you or Uniserve cancel a month-to-month Service, the cancellation will take effect at the end of the current billing cycle. You will not be charged for the subsequent month, but no refunds will be provided for any fees already paid for the current month.

         (b)     Cancellation of Fixed Term Services by Customer. The early cancellation policy for fixed contract term Services depends on the type of service and the providers involved:

(i)        For fixed-term Services that are not tied to specific provider rules, you may cancel at any time, conditional on you paying an early cancellation fee to be determined by Uniserve at the time the cancelation request is processed and which will not exceed the remaining balance of the term. Such cancellation will take effect no later than 30 days after payment of the cancellation fee.

(ii)      For fixed-term Services tied to specific third-party provider rules, depending on the providers rules, the Customer may be required to fulfill the remainder of the term or pay out its balance as an early cancellation fee.

In either case, upon such cancellation you shall also pay: (x) any previously waived installation charges or equipment costs that had been initially discounted based on term commitment; and (y) if the term commitment included price discounts or incentives, the difference between the discounted fees and the standard month-to-month fees for the period the Services were used.

         (c)     Cancellation of Fixed Term Services by Uniserve. Uniserve may cancel any fixed-term Service by providing 30 days notice to Customer. If Customer has prepaid any amounts for that fixed Service term, Uniserve shall pay Customer prorated refund based on the number of unused days remaining in the term.

          (d)     Transfers. If you are relying on a new service provider to handle the cancellation of your Subscription(s) with Uniserve and Uniserve does not receive a formal cancellation notice from the new provider, you will continue to be billed for your Subscription(s) .

           (e)     Outstanding Fees. Any cancellation or suspension of a Service, or termination of these Terms, will not release you of your obligation to pay any outstanding fees that have accrued prior to the effective date of the cancellation.

5.4     Suspension and Cancellation By Uniserve for Cause. We may suspend or cancel any Service if: (a) we reasonably believe that you or an Other User (defined below) has breached these Terms or the AUP or has contravened any applicable law; (b) you are late with any payment due to us and you have not made payment arrangements satisfactory to us; or (c) requested by a governmental authority with jurisdiction. We will not be liable if for any reason all or any part of the Services is restricted to users or unavailable at any time or for any period.

5.5     Effect of Suspension. Suspension of Services under Section 5.4 (Suspension and Cancellation by Uniserve) will not relieve the Customer of its obligation to pay applicable fees during the period of suspension.

5.6     Termination by You. If we provide you with a Change Notice and the Notice Period has not yet expired, you may terminate these Terms effective immediately (subject to reasonable processing times) by providing us with notice at customercare@uniserve.com or by phone at 604-395-3900. Nothing in this Section 25.3 limits the applicability of Section 5.10 (Surviving Terms).

5.7     Obligations Upon Cancellation of Services or Termination of Terms. Upon cancellation of a Service or termination of these Terms:

         (a)     Uniserve will cease providing the cancelled Services, and all licenses or rights granted to the Customer to use any provided Software, third-party cloud service subscriptions, or intellectual property will end, or, if agreed and permitted by the respective third-party licensors, transferred directly to the Customer. The Customer is responsible for all fees associated with such transfers. If a transfer of licensing is not feasible, licenses will terminate upon termination of the service, and Customer will need to procure new licenses independently if needed.

          (b)     The Customer shall immediately stop using any terminated Services.

         (c)     The Customer shall pay all amounts due for Services provided up to the effective date of termination, including any applicable early cancellation fees and other amounts owed under Section 5.3 (Cancellation of Services); however, if Uniserve has cancelled a Service pursuant to Section 5.4 (Suspension and Cancellation By Uniserve for Cause), the Customer shall additionally immediately owe to Uniserve all fees for the remaining balance of the term, plus any waived installation charges or equipment costs that had been initially discounted based on term commitment. Invoices for any outstanding fees or charges may be issued and shall be payable immediately upon receipt.

         (d)     Any Loaned Equipment that corresponds to the cancelled Service must be returned to Uniserve in accordance with Section 14 (Equipment).

          (e)     For Co-Location Services, the Customer is responsible for removing all of its equipment and data from Uniserves facility within 30 days of termination (unless otherwise agreed in writing). If the Customer fails to do so, Uniserve may, at its option, return the equipment to the Customers last known address at the Customers cost, or deem the equipment abandoned and dispose of it in accordance with applicable law (provided a notice of intent to dispose is sent to the Customers contact and no response is received). Any costs of storage or disposal will be charged to the Customer.

       (f)     For Cloud Hosting Services and Web Hosting Services:

(i)        Data and Application Removal. No later than 30 days following cancellation of the Service (unless a different timeframe is agreed to in writing), the Customer must complete its migration, transfer, or download of all data, content, software, or applications hosted or stored within Uniserves or the third-party cloud environment or other storage facility. Uniserve will provide commercially reasonable assistance to facilitate data export or transfer upon request, subject to applicable fees, on the condition the Customer gives advance notice (at least 14 days) prior to the cancellation date.

(ii)      Deletion of Data. Subject to the data deletion policies and practices of any relevant third-party service providers, unless explicitly agreed otherwise, Uniserve shall permanently delete all Customer data and virtual environments associated with the Cloud Hosting Services and Web Hosting Services no later than 60 days following the effective cancellation date, and Uniserve shall have no liability for any loss or damage to data remaining after this period. The Customer is solely responsible for ensuring it has securely retrieved or backed up its data prior to cancellation.

(iii)     Continued Access and Fees. Customer acknowledges that continued access to the cloud or web environment after cancellation may incur additional fees, payable at Uniserves standard rates, unless otherwise agreed. Any post-termination access must be specifically requested in writing and approved by the Uniserve.

5.8    Early Cancellation Fees. Early cancellation fees are intended as liquidated damages to compensate Uniserve for the Customers failure to satisfy the contract term, and not as a penalty. Customer agrees that these early cancellation fees are a fair estimate of the losses the Uniserve would incur from the early cancellation of the particular Service.

5.9     Other Suspension. Notwithstanding anything to the contrary in these Terms, we may temporarily or permanently suspend your access to any portion or all of the Services:

         (a)     if we reasonably determine that (i) there is a threat or attack on the Services; (ii) your use of the Services disrupts or poses a security risk to the Services or to any other customer or vendor of Uniserve; (iii) subject to applicable law, we have has ceased to continue our business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (iv) our provision of the Services to you is prohibited by applicable law; or

         (b)     if any vendor of Uniserve (including any Carrier) has suspended or terminated Uniserves access to or use of any third-party services or products required to enable you to access the Service.

(any such suspension described in subclause (a), (b), or (c), a "Service Suspension").

Uniserve will have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), costs, expenses, or any other consequences that you may incur as a result of a Service Suspension, regardless of the cause or duration of such suspension.

5.10     Surviving Terms. Sections 1.3, 1.5, 1.7, 5.3, 5.5, 5.7, 5.8, 5.10, 8.11, 8.12, 8.14, 9.4, 9.5, 11.5, 13.9, 13.12, 14.1, 14.3, 14.4, 14.4(b) 14.6, 14.8, 15.4, 15.5, 15.6, 15.7, 15.9, 15.10, 15.16, 15.17, 16.5, 16.6, 16.7, 18.2, 18.5, 18.6, 18.7, 18.8, 18.9, 20.2, 20.4, 20.5, 20.6, 20.9, 20.10, 20.11, 20.12, 20.13, 20.14, 21.2, 21.3, 22, 23, 24, 25, 26, and 27, any warranties you provide us under these Terms, any indemnities you provide under these Terms, and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms.

6.      INTERNET SERVICES.

This Section applies to Subscriptions for the Internet Services.

6.1     Internet Services. The Customer is responsible for the security of their own networks and systems. Uniserve is not liable for any loss or corruption of data while using the Internet Services or for unauthorized access to the Customers systems or data via the internet. The Customer acknowledges that actual internet speeds and latency may vary due to factors beyond Uniserves control (such as network congestion, Customers equipment, or third-party websites). Uniserve may employ measures to manage network performance and ensure fair use, as long as such measures are consistent with applicable law and net neutrality requirements.

7.      CLOUD HOSTING SERVICES

7.1    RDP/Cloud Hosting Services. For Cloud Hosting Services, the hosted environments may be operated on Uniserves infrastructure or on third-party cloud platforms, as determined by Uniserve in consultation with the Customer. Unless otherwise agreed to in writing by Uniserve, no data residency restrictions apply to Cloud Hosting Services, meaning Customer data and workloads may be stored or processed in any geographic region (including outside of Canada). By using the Cloud Hosting Services, Customer acknowledges and agrees that data might not reside exclusively in any particular jurisdiction. The various Cloud Hosting Service offerings, price model, and any special terms or configurations will be detailed in the Customers service order or service quotation or similar service document that has been accepted by Uniserve.

8.      IMPORTANT 9-1-1 INFORMATION

This Section contains important information about 9-1-1 availability via the VoIP Services.

8.1     Description. VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

8.2     9-1-1 Service. Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your Account as described below.

8.3     Placing 9-1-1 calls. When you make a 9-1-1 emergency call, the VoIP Service will attempt to automatically route your 9-1-1 call through a third-party Uniserve to the Public Safety Answering Point (PSAP) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls (such call centre is not under the control or responsibility of Uniserve). This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

8.4     How Your Information Is Provided. The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your Account.  However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

8.5    Correctness of Information. You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your Account. If you do not correctly identify the actual location where you are located, or if your Account information has recently changed or is inaccurate, 9-1-1 calls may be misdirected to an incorrect emergency response site.

8.6     Disconnections. You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

8.7     Connection Time. For technical reasons, including network congestion, it is possible that a 
9-1-1 emergency call placed through the VoIP Service will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

8.8     9-1-1 Calls May Not Function. For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including:

         (a)     Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP Service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP Service, including for 9-1-1 emergency calls; and

         (b)     changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with Uniserve.

8.9     Alternate Services. If you are not comfortable with the limitations of 9-1-1 emergency calls, Uniserve recommends that you terminate the VoIP Services or consider an alternate means for accessing traditional 9-1-1 emergency services.

8.10    Inform Other Users. You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP Services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

8.11     Liability Limitations. Without limiting Section 24 (Limitation of Liability):

         (a)     we are not responsible for and disclaim all liability for the acts or omissions of any emergency response call centres or emergency services you access or receive or attempt to access or receive by dialing 9-1-1 through the VoIP Services; and

        (b)     to the maximum extent allowable at law, Uniserve and our Affiliates, and our and their respective directors, officers, employees, agents, and service providers, will not be liable for any death, injury, loss, harm, or damage to property arising directly or indirectly out of, or otherwise relating to, 9-1-1 services that you or any other person access or receive or attempt to access or receive through the VoIP Services, including, in situations when the 9-1-1 services are unavailable or do not function as intended (including any inability to access 9-1-1 services, delayed response, or inaccurate emergency location information when using VoIP Services).

8.12     Indemnity. You shall indemnify and hold harmless Uniserve and our Affiliates, and our and their respective directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees and expenses) arising from your or any other persons use of or attempt to use your VoIP Services for the purposes of obtaining 9-1-1 Services.

8.13     Equipment. Misconfiguration or failure of your VoIP Equipment could impede your access to
9-1-1 services. Immediately after setting up your VoIP Equipment, you should make a test call to a number that is not 9-1-1 to confirm if your VoIP Equipment functions as intended. If at any time your VoIP Equipment is not working properly, please call technical support at 1-844-395-3900 using a different device or email our technical support at tech.support@uniserve.com.

8.14     Acknowledgement. You acknowledge that you should not subscribe to VoIP Services if you are not able or not willing take all of the measures described above with respect to 9-1-1 services.

9.      TELEPHONE SERVICES

This Section applies to Subscriptions for the Telephone Services.

9.1     Service Quality. The reliability and quality of VoIP Services might not always be of the same degree as that of traditional land-line telephone services.

9.2     Operator. The VoIP Services do not include operator services (typically accessed by dialing 0). Consequently, emergency services cannot be accessed by dialing 0.

9.3     Wiring and Other Facilities. You are responsible for obtaining and supplying all wiring, equipment, and facilities necessary to provide the VoIP Services that we do not otherwise agree in writing to provide to you. Once our VoIP Services come to an end, you will be responsible for any wiring, equipment, or facilities that needs to be reconnected or removed.

9.4     Number Portability.

         (a)     Authorizations. If you request that we port a requested telephone number (a Port Request):

(i)        from your current Uniserve to us, you authorize us and our Carriers to port that telephone number to our network from your existing Uniserve;

(ii)      from us to a new Uniserve, you authorize us and our Carriers to port that telephone number from our services network to your new Uniserve; and

(iii)     you authorize us to make such disclosures of your personal information as is necessary to facilitate the requested port of your telephone number.

         (b)     Requirements. To make a Port Request, you must complete and provide us with the applicable number portability request form, and your most recent phone bill. We cannot port inactive (not in service) phone numbers. The phone number being ported must be in the name of the person making the Port Request and completing the request form.

          (c)     Processing Time. You acknowledge that a Port Request may take over 14 business days to complete.

        (d)     Failed Ports. We cannot guarantee that all Port Requests will result in a successfully ported phone number (a Failed Port). For example, our ability to port your existing phone number may be limited by your existing Uniserves ability to port the phone number.

        (e)     Fee. We may charge a fee for Port Requests, cancellations of Port Requests, and Failed Ports. These fees will be communicated to you by us before we commence the attempt to port your phone number. Such fee will be applied to your next bill.

9.5     Phone Number.

         (a)     Except as limited by law, any phone number assigned to you is and remains our property. We reserve the right in our sole discretion to change your phone number at any time.

         (b)     If you terminate the Telephone Services and then later reinstate them, we cannot guarantee that you will be assigned your previous phone number.

9.6     Long Distance Calls. Long distance calls may be billed at a different rate than local calls. We may charge for long distance calls based on usage, in which case you will be billed for your long distance calls within 120 days after the call. By dialing or placing a long-distance telephone call, you agree to pay Uniserves then-current rates and fees for such calls. Such rates are posted on our website and may be provided to you by Uniserve from time to time. Uniserve may update its rates for long-distance calls by providing you with at least 30 days written notice of the change.

9.7     Calling Area Restrictions. Telephone Services may be subject to calling area restrictions.

9.8     411 Service. The 411 information service is available at Uniserve current rates as set by Uniserve website.

9.9    900 and 976 Numbers. VoIP Calls to certain special service phone numbers, including 900- and 976- numbers, may be limited and Uniserve reserves the right to limit the Customers ability to call any such number at its discretion.

9.10     Directories. Except as required by law, we will not provide your phone number to the publishers of phone directories.

9.11    Disconnection. Prior to disconnecting your Telephone Services, we will provide you with written warning of imminent disconnection at your email address on file in your Account.

9.12     Prohibitions. You shall not use the Telephone Services for: automatic- dialing announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; or, any application with continuous or excessive calling patterns for telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting; in each case as determined by Uniserve in its sole discretion.

10.      DIAL-UP SERVICES

This Section applies to Subscriptions for Dial-Up Internet Services.

10.1     Requirements. The Dial-Up Internet Services require the use of a modem which initiates a standard phone call to an access telephone number.

10.2     Cautions. Dial-Up Internet Services may not establish a connection to our network on every attempt. The connection speed of Dial-Up Internet Services is typically limited, offering a maximum bandwidth of 56 Kbps (Kilobits per second), though actual speeds may vary. The use of Dial-Up Internet Services may interfere with or preclude the use of the telephone line for simultaneous voice communication. Uniserve will not reimburse you for any charges incurred by you as a result of selecting access numbers that are subject to additional or long distance charges.

10.3     Long Distance or Additional Charges. You acknowledge that the access numbers used by your modem to connect to the Dial-Up Services may result in additional or long-distance charges being billed to you. You are solely responsible for determining whether the access numbers you are using are subject to any additional or long distance charges and agree to pay all such charges, including those that may be billed to the Customer by a third party.

10.4     Temporary Disconnection for Inactivity. Uniserve may temporarily disconnect your access to the Dial-Up Internet Services for inactivity, inactivity in this Section defined as logging into the Dial- Up Services for an extended period (30 minutes or more) without any network activity. You shall not use any software, device, or tool for the purpose of simulating network activity (such as keep alive software) to avoid inactivity disconnection.

11.      MANAGED IT SERVICES

This Section applies to Subscriptions for Managed IT Services.

11.1     Managed Service Seats. Depending on your orders and Uniserves acceptance of those orders, the Managed IT Services might include user-based IT support services charged on a per seat (per user) basis. Each seat represents a single end-user receiving support and IT management services as agreed to by Uniserve. The scope of support per seat will be as described in Uniserves written agreement to provide such service. Key payment terms for this plan are described in Section 15.2 (Seat-Based Pricing).

11.2     Included Support & Services per Seat. For each seat purchased, Uniserve will provide a bundle of managed IT support and services to the designated user, as specified in your Subscription.

11.3    Support Hours and Response Times. Unless otherwise specified in your Subscription or a separate service level agreement, help desk services under the Managed IT Service are provided during Uniserves standard business support hours as posted on Uniserves website or as otherwise communicated by Uniserve to Customer in writing. Specific response time commitments (for example, a guarantee that critical issues will receive a response within 1 hour) and resolution time targets are not set in these Terms. If such service level commitments have been made by Uniserve, they will be defined in a separate written service level agreement signed by an authorized representative of Uniserve that is specific to your Subscription. In the absence of a written agreement covering response times, Uniserve will use commercially reasonable efforts to respond and resolve issues in a timely manner, but no fixed response/resolution times are promised by Uniserve, whether under these Terms or otherwise.

11.4     Responsibilities; Limitations of Managed IT Services. The Customer acknowledges that Uniserves Managed IT Services may involve accessing or configuring the Customers systems, software, or data. While Uniserve endeavours to use industry best practices and professional care in delivering Managed IT Services, Uniserve does not guarantee that IT systems will be immune from outages, data loss, cyberattacks, malware (including ransomware), or other issues. The Customer is responsible for maintaining appropriate data backups and disaster recovery plans (unless such services are expressly agreed to in writing by Uniserve as part of the Managed IT Services).

11.5     Liability Limitations and Acknowledgements. Uniserves liability for any data loss, security breach, or downtime in connection with Managed IT Services is subject to the limitations in these Terms. Uniserve will not be responsible for any loss or damage arising from recommendations or actions taken at the Customers direction, use of Customer-provided software or equipment, pre-existing system vulnerabilities or bugs, or any unauthorized changes made by the Customer or third parties. The Customer also understands that certain support or maintenance activities (like system upgrades or patches) may temporarily disrupt services or compatibility; Uniserve will endeavor to schedule critical work to minimize disruptions in coordination with the Customer.

11.6    Resolution of Issues. Customer acknowledges that in providing Managed IT Services, Uniserve may be working with Customers employees, systems, and third-party software. While Uniserve will use commercially reasonable care and skill in delivering support and maintenance, no IT service can guarantee absolute problem resolution or prevention of all issues. Without limiting Section 24 (Limitation of Liability), Uniserve shall not be liable for any incidental or consequential harm that may arise during the normal course of providing help desk and management services. For example, if a software patch recommended or applied under the service inadvertently causes system issues or downtime, or if troubleshooting a device requires taking it offline temporarily, Uniserve will work to mitigate such impacts but will not be responsible for resulting lost profits, lost data, or other indirect losses suffered by Customer. Likewise, any delays in support response or resolution times are subject to the terms of the service level agreement (if one is in place) or, if no service level agreement is in place, the understanding that no guarantee is in effect, and thus Uniserve is not liable for losses due to delayed support in the absence of a breached service level agreement commitment. Customer agrees that it remains responsible for maintaining backups of critical data and for implementing any additional safeguards (beyond those provided as part of the Managed IT Service) necessary for its business continuity. Uniserves role is to assist with IT operations, but ultimate ownership of data and overall IT strategy (including redundancy and backup) stays with Customer unless otherwise expressly agreed in writing.

12.      CO-LOCATION SERVICES

This Section applies to Subscriptions for Co-Location Services

12.1    Responsibilities. For Co-Location Services, the Customer is responsible for installing, maintaining, configuring, and securing its own equipment within Uniserves data centre facility, unless otherwise agreed in writing (e.g., if Uniserve offers remote hands support as an additional service). Uniserve will provide the contracted power, cooling, and physical environment as per industry standards and any written service level agreement between Uniserve and the Customer, but makes no guarantees as to the performance of Customers own hardware or software housed in the facility. The Customer must comply with all data centre rules and security policies provided by Uniserve.

12.2     Liability for Equipment. To the maximum extent permitted by law, Uniserve is not responsible for any damage to or loss of the Customers equipment or data located in the co-location facility. In any event, Uniserves liability for physical hardware damage will be limited by Section 24 (Limitation of Liability) of these Terms. The Customer is strongly encouraged to carry appropriate insurance for its co-located equipment and to maintain off-site backups of any critical data. Uniserve disclaims any liability for business interruption or other losses incurred by the Customer due to equipment failure, unless directly caused by conditions that constitute a breach of Uniserves obligations under an applicable written service level agreement between Uniserve and Customer for environmental factors (power, HVAC, connectivity), in which case Customers remedy will be exclusively as provided in the written service level agreement.

13.      WEB HOSTING SERVICES

This Section applies to Subscriptions for Web Hosting Services

13.1     Definition. Any website you have hosted via the Web Hosting Services is Your Website.

13.2    Web Hosting Services. In addition to the other Services provided by Uniserve, Uniserve also provides Web Hosting Services. The Web Hosting Services includes the Email Infrastructure Service. The Email Instructure Service refers to Uniserves provision of a software-as-a-service and infrastructure environment that enables you to setup and manage your own basic email system. The Email Instructure Service includes providing server space, data storage, network access, and related technological resources, in such as amounts as Uniserve determines appropriate. Uniserve does not provide actual email services, such as sending, receiving, storing, or otherwise managing electronic mail messages. The Email Infrastructure Service is designed to provide Customers with the necessary resources and environment to set up their own independent email systems. The use and application of tools and services included in the Email Infrastructure Service are solely your responsibility. Without limiting the generality of the foregoing, the creation and management of email accounts, including the number of accounts and their respective identities, are your sole responsibility.

13.3     Shared Hosting. The Web Hosting Services provided by Uniserve are offered on a "shared hosting" basis. This means that you will not have a dedicated server. Instead, Your Website or content will be hosted on a server that is shared with other customers of Uniserve’s Web Hosting Services.

13.4     Hosting Space. The Web Hosting Services include a limited amount of hosting space. Unless otherwise agreed in writing by Uniserve, each customer is provided with less than 1GB of hosting space.

13.5     Service Usage Limits. You shall not exceed the bandwidth, storage, and email usage limits specified from time to time by Uniserve for the Web Hosting Services. Uniserve will notify you of any changes to these limits by email or through your account on Uniserve’s website. If you exceed the allocated amount of data per month for bandwidth or storage space, exceed the allocated number of inbound and outbound emails, or if you exceed the email storage and attachment size limitations, Uniserve may impose additional charges based on Uniserve’s current pricing policy, suspend the Web Hosting Services, or terminate these Terms. If Uniserve suspends the Web Hosting Services or terminates these Terms in accordance with the previous sentence, you will not receive a refund of any unused pre-paid fees.

13.6     Domain Names.

          (a)     Registration. To host a website via the Web Hosting Services, you must either provide Uniserve with an already registered domain name or names or request that Uniserve register a domain name chosen by you. Registration by Uniserve is contingent on the domain name being available for registration, not contravening any domain registrars policies, not contravening these Terms, and not violating any laws or regulations. You shall promptly repay Uniserve for any fees it incurs in registering and maintaining any domain name on your behalf. You will not be entitled to a refund if for any reason you are unable to register or use your selected domain name.

         (b)     Domain Name Disputes. If a legal claim or dispute arises out of the domain name you use in connection with the Web Hosting Services, at your request and expense, Uniserve will attempt to register an alternative domain name as selected by you, subject to the requirements of this Section 13.6.

          (c)     Compliance with Policies. You shall abide by the domain registrar’s current domain name policy and/or the policies of any national DNS registration authorities that become applicable upon the registration of your domain name.

         (d)     Domain Parking and Transfers. Uniserve (through its service provider) offers indefinite parking of domains on its servers at no additional charge and does not charge for the transfer of your domain name to another service provider. However, if the transfer of a domain name registered by Uniserve to another service provider requires direct handling by Uniserve’s support staff, an administrative transfer fee plus applicable taxes will be charged for each transferred domain. Domain Parking does not include any hosting services. Self-submission of DNS entries is not permitted as Uniserve is not a Registrar. You agree that hosting services for domains on Uniserves system may not be provided by any person other than Uniserve.

         (e)     Non-Refundable Payments. Payments for domain names are non-refundable. Once a domain name is registered, the information is stored in the WHOIS database for a period of one year, until the renewal date, and cannot be refunded or credited. You bear the responsibility for accurately spelling a domain name during online registration. Uniserve does not issue refunds or credits for domain names that are misspelled.

13.7     Server-Ready Material. You are responsible for ensuring that all materials and data you place on Uniserves equipment or otherwise upload to the Web Hosting Services are in a "server-ready" state, meaning the materials or data requires no additional alterations by Uniserve. Uniserve is not obligated to check the content, correctness, or usability of this material or data. If your material or data is not "server-ready," Uniserve may reject it. In such cases, Uniserve will inform you of the rejection, giving you an opportunity to correct or adjust the material to meet Uniserve’s requirements.

13.8     Technical Knowledge. To use the Web Hosting Services, you are expected to be proficient in web development, coding, internet protocols, and software. The level of expertise required may vary depending on your goals and intentions respecting Your Website and its content. You are expected to possess the necessary knowledge and skills to use the Web Hosting Services for website creation and maintenance. Uniserve is not responsible for providing you with this knowledge or any support related to website creation or maintenance.

13.9    Responsibility for Content & Website. You are solely responsible your Content and Your Website. This includes responsibility for ensuring that all your Content and Your Website is functional, accurate, lawful, and does not include misleading information or infringe or violate anyones rights. Without limiting the generality of the foregoing, you are solely responsible for: (a) obtaining all necessary authorization and permissions for your Content; and (b) ensuring that your Content complies with all applicable laws, including privacy laws.

13.10    End-User Content. If Your Website involves user forums, blogs, chat, user content uploads, social media, and other end-user related interactive features (Interactive Functionality), you shall implement reasonable procedures to process complaints about resulting user-generated content and, if appropriate, remove infringing, illegal or offensive materials.

13.11   Backup. Uniserve strongly encourages you to maintain regular and comprehensive backups of all of your Content and other data, including Your Websites. This is crucial to ensure the safety and integrity of your data, and to prevent data loss in case of any unforeseen circumstances or technical issues. Please note that Uniserve expressly disclaims any obligation to back up any of your Content and other data, including Your Websites, and you acknowledge that you are solely responsible for maintaining comprehensive backups of all your Content, data and Websites. You are solely responsible for the management and preservation of your Content and other data. Uniserve will not be responsible for any loss of Content or other data, whether from errors, system failures, or other issues. You should take all necessary precautions to safeguard your Content (including Your Website) and other data, including maintaining your own backup systems.

13.12   Website and Content Security. You are solely responsible for maintaining the security of Your Websites or Content you have hosted or stored on the Web Hosting Services. This includes, but is not limited to, ensuring that Your Website and Content is free from viruses, malware, and other harmful or malicious code, as well implementing appropriate security measures to prevent unauthorized third parties from gaining access to Your Website or your Content. You are further responsible for implementing appropriate backup procedures and safeguards to protect Your Websites and Content from loss, damage, or unauthorized access or use. In no event will Uniserve be held liable for any security breaches affecting Your Website or Content, or for any loss or damage resulting therefrom.

13.13    Website Data.

         (a)     Definitions.

(i)        Resultant Data means data and information related to your use of the Services that is used by Uniserve in an aggregate and de-identified manner, including to compile statistical and performance information related to the provision and operation of the Services.

(ii)      Website Data means: (a) data submitted by end users of your Website; and (b) data resulting from or used in transactions on Your Website, including, without limitation, transaction and sales data from Your Website activity, end user contact information, and all other individually or personally identifiable information. Website Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of you or any other your Other Users.

         (b)     Classification of Data. In the event of any ambiguity or conflict as to whether a particular item of data could be classified as Website Data or Resultant Data, such data will be deemed to be classified as Resultant Data only. Notwithstanding anything to the contrary in these Terms, this provision shall take precedence over any other provision relating to the classification or treatment of data under these Terms.

         (c)     Use of Website Data. As between Uniserve and you, Website Data will be your property. Uniserve will use such Website Data only for the purposes of providing you with the Web Hosting Services, enforcing these Terms, or exercising Uniserves rights or performing Uniserves obligations under these Terms, or as you may otherwise authorize. Uniserve may erase all copies of Website Data immediately upon termination of these Terms. For clarity, nothing in this Section requires Uniserve to store or maintain any Website Data.

         (d)     Resultant Data. As between Uniserve and you, Resultant Data will be Uniserves property.

14.      EQUIPMENT

14.1     Loaned Equipment. Equipment you rent or lease from us or which we otherwise lend to you (Loaned Equipment) remains our property at all times. You shall not charge, grant a security interest in, or otherwise encumber any Loaned Equipment. You shall not sell, transfer, mortgage, or lease Loaned Equipment. You shall take reasonable care of the Loaned Equipment. You may not change the location of Loaned Equipment, except with our prior consent. You may not reconfigure Loaned Equipment, except with our prior consent.

14.2     Delivery. Unless you provide us notice to the contrary within seven days of delivery, all Loaned Equipment delivered to you will be deemed delivered in good working condition.

14.3     Fees and Deposits Associated with Equipment. We may require you to pay a deposit, rental fee, or purchase price (or any combination thereof) to receive and keep any Equipment we rent or otherwise provide to you. Deposits are intended to guarantee the return of the Equipment free of damages (other than ordinary wear and tear) and to secure your obligations under these Terms. You will not earn interest on any deposits.

14.4     Return of Equipment on Cancellation of a Service.

         (a)     Upon termination of these Terms or cancellation of a Service pursuant to which you were supplied Loaned Equipment, Customer shall allow Uniserve to retrieve the equipment or, if instructed, return it within 30 days at the Customers expense. Equipment not returned in good condition (subject to reasonable wear and tear) may be charged to the Customer.

        (b)     Inspection. Upon return of the Loaned Equipment, Uniserve will inspect it to determine its condition. If Uniserve determines that the Loaned Equipment has been damaged, other than from ordinary wear and tear, Uniserve will provide you with an itemized list of such damages and the cost of repairing or replacing the damaged equipment.

          (c)     Application of Deposit. If there is any damage to the Loaned Equipment as identified in the inspection, or if you have lost the Loaned Equipment or failed to return it to us on time, Uniserve may apply part or all of the deposit towards the cost of repairing or replacing the damaged or missing Loaned Equipment. If the cost of repair or replacement exceeds the deposit, you will be liable for the difference.

          (d)     Refund of Deposit. Once the inspection has been completed and the cost of any repairs or replacement determined:

(i)        If all Loaned Equipment has been returned in good working condition, or if the costs of repair or replacement are less than the Deposit, Uniserve shall return the full deposit or the remaining balance of the deposit (as applicable) to you no later than 30 days after completion of the inspection; and

(ii)      If the costs of repair or replacement equals or exceeds the deposit, no amount will be returned to you.

14.5     Lost & Damaged Equipment. You shall provide us immediate notice if any Loaned Equipment is lost, stolen, or damaged.

14.6     Retrieval Expenses. If you fail to return any Loaned Equipment when required, you shall allow Uniserve access to your premises to retrieve the Loaned Equipment and shall reimburse Uniserve for any costs Uniserve incurs attempting to retrieve such Loaned Equipment.

14.7     Restrictions. You shall not reconfigure, replace, re-arrange, disconnect, remove, repair, or interfere with Loaned Equipment, unless authorized by us.

14.8     Your Equipment. We have no responsibility for any equipment or devices you own or rent from third-parties. Your use of your equipment and devices with our Services and Equipment is at your own risk. We do not represent or warrant that our Services or Equipment will be compatible with your equipment or devices.

15.      FEES & PAYMENTS

15.1     Fees and Billing Cycle. You agree to pay all fees, plus applicable taxes, associated with your Subscriptions and any other Services you order. Fees may include one-time setup or installation charges, recurring monthly (or other periodic) service fees, usage-based charges (if any), fixed-term fees, and applicable taxes. Regular service fees will be billed on a monthly billing cycle, unless otherwise stated in the written details of your Subscription. Recurring charges are typically billed in advance of the service period, while usage or overage charges (if any) are billed in arrears. All invoices are issued in Canadian dollars (CAD) unless another currency is specified in writing.

You authorize us (or our third-party payment processor) to charge your payment method for all applicable fees associated with your Subscription, including recurring subscription fees, and any other charges or fees that may arise in connection with your use of the Services.

15.2     Seat-Based Pricing. If a Service is being provided on a seat-based pricing basis, Uniserve will charge a flat monthly fee per seat (per user). Each seat corresponds to one named Customer end-user entitled to receive the particular services. Seats are typically purchased in advance for each monthly billing cycle. The quantity of seats and the fee per seat will be specified in the agreed upon service order or service quotation. If Customer needs to add additional seats (users) during the term, those will be charged pro-rata for the first partial period (if applicable) and then at the full monthly rate thereafter. Similarly, reducing the number of seats (if permitted under Customers agreement with Uniserve) will take effect at the next billing cycle, and may require advance notice (e.g. 30 days) to adjust billing. Each seat subscription is for an individual user and may not be shared or used by multiple persons concurrently (i.e., two people cannot use a single seat at the same time). Subject to prior approval by Uniserve, Customer may transfer a seat to a new user (for example, if one employee leaves and another employee replaces them) with at least 5 business days’ prior written notice to Uniserve, but simultaneous use by more than one user under one seat license is prohibited.

15.3     Changes to Fees. We many modify the fees payable for any month-to-month Service by providing you with at least 30 days written notice (the Change Notice Period) and such new fees will apply starting on the billing period that immediately follows the expiration of such Change Notice Period unless you cancel that Service prior to the start of that billing period accordance with these Terms. Your failure to cancel the Service before the fee change takes effect constitutes your agreement to pay the modified fees.

15.4     Third-Party Charges. In scenarios where Uniserve leverages third-party service providers to provide a Service or product, any external costs (e.g. cloud provider or software licensing fees) are either included in the Customers fee or identified separately. If separately passed through, those third-party fees will be transparently shown and charged at cost (or at an agreed rate) along with possibly a management fee. Should the third-party provider increase its fees, Uniserve may adjust the fees charged to the Customer accordingly. Uniserve will manage the relationship with the third-party service, but Customer must comply with any applicable end-user terms of such third-party provider (which will be provided or referenced if applicable). The Customer agrees that Uniserve may transfer Customers data to and from such third-party providers as needed to deliver the service.

15.5     Corrections. Any price offers or advertisements made by Uniserve will be valid for the period stated on the offer or advertisement, except that Uniserve may reject any sale for any reason, including without limitation for typographical errors, illustrative errors, or a misprint in the price offer or advertisement. In the event of a pricing mistake, we will not be bound by the incorrect price.

15.6     Depictions of Products. Products may differ slightly from how depicted in any illustrations, photography or descriptions on our website. Uniserve has endeavoured to display as accurately as possible the colours of our products as they appear on our website. However, as the actual colours you see will depend on photographic processes and your screen, Uniserve cannot guarantee that your screens display of any colour will be accurate.

15.7     Payment Method. When you provide a payment method, such as a credit card, debit card, or a pre-authorized payment method, that is accepted by us, you represent and warrant that you are authorized to use such payment method and that you authorize us (or our third-party payment processor) to charge your payment method or financial institution for all applicable charges and fees. For example, when you make an order, you permit us to charge the payment method you have chosen in the total amount of your order (including applicable taxes). If we, or our third-party payment processor, are unable to verify your payment method, or if it is otherwise invalid or not acceptable, we may suspend or cancel your order. Notwithstanding any suspension or cancellation of your order, you remain obligated to pay us for any outstanding charges or fees.

15.8     Accurate Information. You are responsible for providing and maintaining accurate billing contact information.

15.9     Late Payment. Payments must be made by the date specified by us. Late payment will bear interest at the rate of 24% per annum, calculated and compounded monthly (effective rate of 26.824% per annum). You shall also reimburse us for all reasonable costs, including actual legal fees and disbursements, Uniserve incurs in collecting any late payments or enforcing these Terms.

15.10    No Refunds. Except as expressly provided in these Terms, or as is required by law, all payments you make to Uniserve are non-refundable. This includes situations where you decide to downgrade or cancel Services before the end of a billing period you will not be entitled to a refund for any unused portion of Services for which fees have already paid.

Subject to (a) the terms applicable to your selected payment processing method, and (b) applicable law, you are solely responsible for any unauthorized, fraudulent, or erroneous transactions related to your use of our website and/or your receipt of the Services.

15.11    Prices. Prices on our website are expressed in Canadian Dollars (CAD) unless otherwise noted. If the product or service sold has additional terms and conditions, those additional terms and conditions will be provided by us to you prior to the sale. Subject to Section 15.2 (Changes to Fees), pricing and availability may change without notice.

15.12   Promotional Offers. At our discretion, we may make available certain Services at a discount or for free for a trial period (Promotions). We reserve the right to modify or cancel these Promotions at any time. If we reasonably determine you have violated the terms applicable to the Promotion, we may charge you the full price for the Service that was otherwise subject to the Promotion. At the end of any Promotion, if you have not cancelled your Subscription, you agree that we (or our third-party payment processor) may begin charging you the full amount for your Subscription without additional notice to you.

15.13    Limited Quantities. Despite anything to the contrary in these Terms, we may impose a limit on the purchasable quantity of a particular product or service.

15.14   Availability. Delivery of products is subject to availability. If you have paid for a product but it is unavailable, we will notify you of the unavailability and either refund you the purchase price for such product or provide you with a replacement product of equal or greater value.

15.15    Credit Check. You authorize Uniserve to conduct checks on your credit history by making requests and inquiries to credit reporting agencies. You acknowledge that these requests or inquiries may be so-called hard inquiries and could have a negative impact on your credit score with credit reporting agencies.

15.16   Collections. If any amounts you owe under these Terms remain unpaid for 15 or more days past the payment due date, Uniserve may, without prior notice to you, refer your account to a collections agency. You agree to pay a $25 administrative fee for the referral, in addition to any costs associated with collecting the outstanding balance, including attorney fees.

15.17   Administrative Fees. We may charge an administrative fee of $50 for any failed payments or if you initiate a chargeback against a payment. A payment is considered "failed" if it is not successfully processed for any reason, including but not limited to, insufficient funds, overdrawn accounts, or any form of payment rejection by the Customer’s financial institution. A "chargeback" refers to the act of the Customer disputing a previously approved charge with their credit card issuer or financial institution, thereby reversing the charge. The administrative fee will be automatically assessed and added to your account in the event of a failed payment or initiated chargeback. The administrative fee is due and payable immediately upon assessment and may result in the suspension of services until full payment is received, including any outstanding balance and the administrative fee.

15.18    Reconnection Fee. If we have suspended your Services due to late payment or any other breach of these Terms, we may charge a reconnection fee for reconnecting your Services. The amount of such fee will be disclosed to you before we initiate the reconnection and we may require payment of such fee in full prior to reconnecting the disconnected Service.

16.      ACCOUNTS

16.1     Registration. To access and use some of the Services, Uniserve may require you to first complete the registration process to create an Account, which may involve: (a) registering a unique user name and password (collectively, "Credentials"); (b) providing contact information, such as your name, phone number, email address, and mailing address; (c) providing payment and billing information; and (d) and providing us with any other information we request on the Account registration form or otherwise over the phone.

16.2     Registration Data. During the registration process, you must provide true, accurate, current and complete information about yourself as requested by us (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data and other Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or if Uniserve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Uniserve has the right to suspend or delete your Account and refuse delivery of any and all current or future Services to you.

16.3     Phone Number. By providing us with a phone number, you consent to receive calls and text-messages (SMS) from us and our Affiliates regarding the Services. Standard rates apply. Subject to reasonable processing times, you may opt-out of these communications by using the unsubscribe mechanism provided to you.

16.4     No Account Sharing. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Uniserve if you know or suspect that your Account or Credentials have been compromised or used by any unauthorized person. You shall not use or access an Account which is not your own. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you logout from your Account at the end of each session.

16.5     Responsibility for Access. You are solely responsible for all costs, expenses, and liabilities related to your access, use, and receipt of the Services.

16.6     Account Deletion. You may delete your Account by contacting us at customercare@uniserve.com or phone at 1-844-395-3900 with your deletion request and following the instructions we provide you; except that we may deny such request or retain any Account information if we determine doing so is necessary to comply with applicable law or a court order, or to preserve evidence for any investigation or legal process. However, we may delay your Account deletion request until all amounts owed to us by you have been paid in accordance with these Terms. Account deletion will not release you of your obligations under these Terms.

 

16.7     Further Matters Concerning Your Account. Uniserve may act upon any communication that is given through your Account or by using your Credentials. Except to the extent required by law, Uniserve is not required to verify the actual identity or authority of a person using your Account or Credentials, but Uniserve may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Uniserve is not satisfied with the verification. If Uniserve, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Uniserve may immediately suspend or cancel the Account or Credentials without any notice to you. We may require you to change your Credentials from time to time.

16.8     Information Sharing. From time to time, we may share your Account information to our Affiliates, Carriers, employees, contractors, service providers, representatives, dealers, and agents, inluding for the following purposes:

           (a)     to facilitate the provision of Services to you;

           (b)     for technical support and maintenance;

           (c)     to service your Account;

           (d)     to bill you or collect payments;

           (e)     to respond to your inquiries;

           (f)     to retrieve Equipment; and

           (g)     to market and promote additional products and services of Uniserve and our Affiliates.

17.      POLICIES

17.1     Policies. Occasionally, we may establish or change rules and policies (collectively, the Policies) which govern your use of the Services, Loaned Equipment, and anything else used together with the Services or Loaned Equipment. The Policies include, without limitation, the AUP, and are incorporated into these Terms by reference. You agree to read and comply with all of the Policies and to cause your Other Users to read and comply with the Policies.

17.2     Condition. As a condition of your access, use, and receipt of the Services, you agree that your access, use, and receipt of the Services is only, and will only be, for lawful purposes and in accordance with these Terms, including without limitation, the Policies.

18.      CUSTOMERS OBLIGATIONS

18.1    Access. You authorize Uniserve, our Carriers, and our and their authorized respective employees, agents, contractors, representatives, and service providers to enter your premises at a mutually agreed upon time or time-window to install, maintain, inspect, investigate, repair, remove, replace, protect, improve, or modify the Services, Equipment, or any of our or our Carriers facilities, infrastructure, or technologies. You are responsible for obtaining sufficient authorization to enable access to your buildings utility room (or equivalent) and such other areas of your building as necessary for the installation of the Services. When you order Services, we may assume without further inquiry that you have obtained all authorizations referred to in this Section and that they are in good standing.

18.2    Responsibility for Expenses. You are solely responsible and liable for all costs, expenses, and liabilities related to your access, use, and receipt of the Services.

18.3    Device and Infrastructure Limitations. Uniserve does not warrant that the Services will function or display properly on all devices. You are solely responsible for obtaining and maintaining the devices, telecommunication services, facilities, adequate electricity, and other technologies and services necessary to access and use the Services and the Equipment.

18.4     Device Security. You are solely responsible for the security of the devices you use to access the Services.

18.5    Access on Termination. If your Account has been deleted, if any Subscription has been cancelled, or if these Terms have been terminated, you authorize Uniserve, our Carriers, and our and their respective employees, agents, contractors, representatives, and service providers to enter your premises for the purposes of disconnecting the Services and retrieving our Equipment (except Equipment which you have purchased in full) premises at a mutually agreed upon time or time-window.

18.6    Missed Appointment. To the maximum extent permitted by law, Uniserve, our Affiliates, our Carriers, and our and each of their respective employees, agents, contractors, representatives, and service providers, will not be liable to you or to any third party for any claims, damages, losses, or expenses, including without limitation, consequential damages, aggravated damages, punitive damages, lost wages, lost profits, or missed work, if an appointment related to our Services (such as an installation, investigation, or technical support appointment) is missed by us or any third party.

18.7     Customer Cooperation. You shall provide all cooperation and assistance Uniserve reasonably requests to enable Uniserve to exercise its rights or perform its obligations under these Terms.

18.8    Effect of Customer Failure or Delay. Uniserve is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by your delay in performing, or failure to perform, any of your obligations under these Terms or if you miss any scheduled appointments.

18.9     Other Users. You are responsible for all persons who access the Services to which you subscribe, or who otherwise access or use your Account, in each case whether or not such use has been authorized by you (such persons, Other Users). You shall cause all Other Users to review and comply with these Terms (including, without limitation, the Policies). We are not responsible for any acts or omissions you or any Other Users make when using or accessing the Services or otherwise using your Account. You shall indemnify, defend, and hold harmless Uniserve, our Affiliates, our Carriers, and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, subsidiaries, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to: (a) any Other Users access or use of the Services; or (b) any Other Users breach of these Terms (including, without limitation, the Policies). Any act or omission by an Other User that would constitute a breach of these Terms if taken or not taken by you will be deemed a breach of these Terms by you.

18.10   Acceptable Use. You shall read and familiarize yourself with the AUP before using any Services. You are bound by and shall comply with the AUP. Without limiting the generality of the foregoing, you shall not:

         (a)     rent out the Services or otherwise sell access to the Services to any third party;

         (b)     reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish the Services or Software;

         (c)     attack our Services or website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing, or via any other means;

         (d)     use the Services to infringe, violate, or misappropriate the intellectual property rights, personality rights, moral rights, or privacy rights of any third party;

         (e)     use the Services to impersonate any person or entity or falsely stating or misrepresenting your affiliation with a person or entity;

         (f)     use the Services to send spam, unsolicited commercial electronic messages, or malicious content;

         (g)     illicitly reproduce TCP/IP packet headers;

         (h)     maintaining or operating an open SMTP relay;

         (i)     forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;

         (j)     restrict disrupt or disable service to users, hosts, servers or networks;

         (k)     provide your Account passwords or other log-in information to any third party;

         (l)     introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

         (m)     interfere with the proper working of the Services;

         (n)     access the Services in order to build a competitive product or service;

         (o)     disrupt network services or otherwise disrupt our ability to monitor the Services;

         (p)     access without authorization any account, system, computer, or network that belongs to any other person, or otherwise circumvent or penetrate any security measures of another person (aka hacking);

         (q)     use the Services for purposes related to hacking;

         (r)     use the services to procure or distribute pirated software or other infringing content;

        (s)     use the Services to transfer or export any software, technology, data, or products, the export, re-export, or release of which to certain jurisdictions or countries is prohibited or requires an export licence or other governmental approval, under any law;

         (t)     use the Services to promote, facilitate, operate, or participate in any pyramid scheme, Ponzi scheme, phishing scheme, or fraudulent activity;

         (u)     use the Services to promote or assist any illegal activity;

         (v)     use the Services for any illegal or abusive purpose;

         (w)     use the Services to display, store, transfer, distribute, or make available pornography, child pornography, hate speech, or other obscene material;

         (x)     use the Web Hosting Services to advertise, promote, facilitate, operate, or participate in any gambling;

        (y)     use the Web Hosting Services to advertise or promote tobacco products (including cigarettes), alcohol, or other intoxicants;

         (z)     facilitate the contravention of this Section 18.10 or the AUP;

         (aa)     facilitate or attempt to do any of the foregoing; or

         (bb)     engage in any other activity that Uniserve in good faith believes damages or risk harm to: (i) Uniserves systems, other customers, reputation, or goodwill; or (ii) the property or safety of any other person.

In the event that Uniserve suspects any breach of the requirements of this Section, including by Other Users, Uniserve may suspend or cancel your access to the Services without advanced notice, in addition to such other remedies as Uniserve may have at law or at equity or under these Terms. Neither these Terms nor the AUP requires that Uniserve take any action against you or any Other User or other third party for violating the AUP, this Section, or these Terms, but Uniserve is free to take any such action it sees fit.

18.11   Unauthorized Access. You shall take reasonable steps to prevent unauthorized access to the Services, including without limitation by protecting its passwords and other log-in information. You shall notify Uniserve immediately of any known or suspected unauthorized use of the Services or breach of its security and shall use best efforts to stop said breach.

18.12    Compliance with Laws. In your use of the Services, you shall comply with all applicable laws.

19.      SERVICE PERFORMANCE LEVELS

19.1     WiFi Service Limitations. WiFi and other wireless Services are subject to external interferences, environmental effects, and other factors beyond Uniserve Control, such as ceiling and wall density, the distance between your computer or mobile device and the wireless gateway device, microwave ovens, electric motors, and cordless phones.

19.2     Management of Network Resources. So that all customers of Uniserve have fair network access, we or our Carriers may, at any time, manage network resources by a variety of methods, including:

         (a)     Limiting the network access available to specific transmission protocols;

         (b)     Filtering harmful content or spam (occasionally, this may result in over-filtration or erroneous filtration of content); or

         (c)     Allocating network bandwidth amongst our customers (this may impact the speed or availability of our Services).

19.3    Carrier Limitations. Some of our Services are provided or facilitated by underlying Carriers. These Carriers may place restrictions on bandwidth usage. In such a circumstance, your bandwidth usage capacity is not unlimited, regardless of your Subscription. These bandwidth restrictions may be enforced by us or our Carriers. Failure to comply with bandwidth restrictions may result in additional charges to you or the suspension or termination of your Services.

19.4    Transmission Speed. Notwithstanding anything to the contrary in any marketing materials, any representations we have made, or your Subscription, we do not guarantee or otherwise represent or warrant speed or performance levels of any Services. Speed or performance of your Services depends on a number of factors, many of which are outside our control.

19.5     Bandwidth Limits. We may change your bandwidth limits by providing you notice at the email address associated with your Account. Such changes may include imposing a temporary or permanent limit on unlimited bandwidth services.

20.      SOFTWARE, HARDWARE, AND INTELLECTUAL PROPERTY

20.1    Third-Party Software. Some Software and content used to facilitate the Services may be provided by third parties (such third parties, Third Party Licensors). When Uniserve procures or installs third-party software or licenses on Customers behalf as part of the Services, Uniserve does not make any independent warranty on third-party software. Uniserve expressly disclaims any and all liability for defects, security vulnerabilities, performance issues, or any other problems arising from or related to third-party software. The Customer shall indemnify and hold harmless Uniserve from any third-party claims or penalties arising from Customers failure to comply with software license terms or other misuse of licensed products by Customer. (For instance, if Customer directs Uniserve to install software for which Customer lacks sufficient licenses and a vendor pursues legal action, Customer would defend and indemnify Uniserve in that matter.)

20.2     EULA. Any Software provided to you in connection with the Services is subject to a separate end-user license agreement (EULA). A copy of the applicable EULA will be included with any physical copy of the Software or otherwise made available to you prior to the installation of such Software. You must review and agree to such EULA prior to using or installing the Software. Except as otherwise provided in the EULA, the term of a particular EULA ends when all of your Subscriptions related to the corresponding Software terminate.

20.3     Equipment. We may install and update Software on Equipment for the purposes of network security, updates, upgrades, or improvements, compatibility, or bug fixes. You consent to the downloading and installation of such Software onto the Equipment. If you do not consent to such downloads and installation, you must cancel the Services and return any Loaned Equipment to us.

20.4     Back-Ups. We strongly recommend that you backup all your data prior to installation or use of any Software, Equipment, or Services we provide to you and prior to us providing you with any maintenance or support service. You agree that we are not liable to you or any other person for any loss of software or data or for any infringement of any warranties due to your use of Software, Equipment, or our Services or any maintenance and support.

20.5     IP Rights in Software. All rights, title, and interest in and to the Software, including without limitation all intellectual property rights therein, are and will remain, as appropriate, with Uniserve and the Third Party Licensors. You have no right or license with respect to any Software except as expressly licensed under an applicable EULA, in each case subject to section 20.2 of these Terms. All other rights in and to the Software are expressly reserved by Uniserve and the respective Third Party Licensors.

20.6     Intellectual Property Rights. As between Uniserve and you, Uniserve and, as applicable, its licensors and suppliers, own all right, title, and interest in and to: (a) the Services and its components; (b) our website and all content on it; and (c) all other materials and other works of authorship provided to you by Uniserve; in each case, including all intellectual property rights therein. Except as expressly provided in these Terms, these Terms do not grant you any license or rights in or to any of the foregoing. You recognize that all of the foregoing are protected by intellectual property laws.

20.7     IP Addresses; Email. As between Uniserve and you, Uniserve retains exclusive control and ownership of all IP (Internet Protocol) addresses and email addresses that may be assigned to the you for the duration of your use of the Services. These IP addresses and email addresses are not your property of and are considered part of Uniserve’s Services. Uniserve may change or remove any and all such IP addresses and email addresses at any time without prior notice. This may be necessary for network management, to comply with information provided by public authorities, to avoid legal disputes, or for other reasons as freely determined by Uniserve. In the event of such change or removal, Uniserve will use reasonable efforts to avoid any impact on your use of the Services. However, Uniserve will not be liable for any interruption, delay, or failure in the Services, or for any other consequence or damage that may result from the change or removal of these IP addresses or email addresses. Upon expiration, cancellation or termination of the applicable Services, you shall relinquish any IP addresses, address blocks, or email addresses assigned to you by Uniserve. If Uniserve deems it necessary for technical reasons, you may be required to renumber the IP addresses assigned to you by Uniserve.

20.8    License. You may download (subject to the terms of any applicable software license) or print a hard copy of written materials from this website for your own use, but any copying or reproduction of these materials for commercial purposes without the permission of Uniserve is prohibited. The distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this website or any of the contents of this Website without the permission of Uniserve is also prohibited.

20.9    Trademarks. Uniserve name, Uniserve trademark, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Uniserve or its Affiliates or licensors. You must not use such marks without the prior written permission of Uniserve. Other names, logos, product and service names, designs, images and slogans mentioned, displayed, or used by us are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

20.10   Feedback. We welcome any questions, comments or feedback you might have about the Services or these Terms ("Feedback"). Please refer to the Contact section of our website for our contact information. That said, our website contact form and email are not secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Unwanted Submissions. You agree we are free to use your Feedback and Unwanted Submissions as we see fit without any obligation to you.

20.11   License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant Uniserve a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost rent out, sublicense, create derivative works from, and distribute from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Uniserve the right to use the name you submit with the User Content or Feedback, if any, in connection with Uniserves rights hereunder.

20.12   Your Representations; Waiver of Moral Rights. Each time you submit Feedback or Unwanted Submissions, you represent and warrant that any such Feedback or Unwanted Submissions you submit to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Feedback or Unwanted Submissions that we may choose to publish. Where you are the author of such content, you agree that you waive all moral rights you may have in any such Feedback or Unwanted Submissions.

20.13   Identifiers. Except as required by law, any internet protocol addresses, phone numbers, email addresses, or other identifiers provided to you in connection with the Services remain the property of Uniserve or the appropriate third-party owners.

20.14    Your Content. As between us and you, you retain the copyright and other intellectual property rights you already hold in the content or data you upload to, or host or process via, the Services or otherwise send to Uniserve (collectively the Content). However, each time you upload Content to the Services, host or process Content with the Services, or otherwise send Content to Uniserve, you hereby grant Uniserve a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) licence to use, reproduce, distribute, adapt, store, display, perform, transmit, modify, publish, delete, and translate such Content as necessary or convenient for the purposes of: (a) Uniserve providing you with the Services; (b) Uniserves enforcement of these Terms; and (c) Uniserves exercise of its rights and performance of its obligations under these Terms. Without limiting the generality of the foregoing, Uniserve may cache your Content and may authorize others to do so.

21.      DATA PROTECTION AND PRIVACY

21.1     Confidentiality. Both the Customer and Uniserve may receive confidential or proprietary information from each other during the course of these Terms. Confidential Information means any non-public information that is designated as confidential, or that a reasonable person should understand to be confidential due to its nature or circumstances of disclosure. Uniserves Confidential Information includes, , network configurations, pricing not publicly advertised, software or product designs, and any proprietary tools or processes used to deliver the Services. The Customers Confidential Information includes business data stored or transmitted via the Services, data on Customers systems managed by Uniserve, account credentials, and any information the Customer provides about its own customers or employees. Each party agrees to use the other partys Confidential Information only for purposes of fulfilling these Terms, and to not disclose it to any third party except to those who need to know it for the same purposes (and who are under similar confidentiality obligations) or except such information required to be disclosed by law (in which case the disclosing party will, if lawful, give the other party notice and opportunity to seek a protective order). Each party will protect the others Confidential Information with the same standard of care it uses to protect its own confidential materials, and at least a reasonable standard of care. Confidential Information does not include information that is: (a) publicly available through no breach of these Terms; (b) rightfully received from a third party without an obligation of confidentiality; or (c) independently developed without use of or reference to the other partys confidential information.

21.2     Data Processing and Ownership. Customer retains all rights to any data or content it transmits, stores, or processes using the Services. Nothing in these Terms shall be interpreted as granting Uniserve ownership of the Customers data. To the extent Uniserve must handle or store any personal data on behalf of the Customer as part of the Services or support (for example, accessing employee information during troubleshooting, or storing backup data), Uniserve will do so solely as a data processor for the Customer (who remains the data controller). Uniserve will not use such data for any purposes other than delivering the Services. The Customer is responsible for obtaining any necessary consents or authorizations from individuals whose personal data is provided to Uniserve, and for ensuring that collecting and sharing such data with Uniserve is compliant with privacy laws.

21.3     Requests by Authorities. If a law enforcement or governmental authority delivers a demand for the disclosure of Customer data (such as under a warrant, court order, or other lawful process), Uniserve will, endeavour to handle such requests in accordance with applicable law.

22.      MONITORING & CONTENT REMOVAL

22.1     No Responsibility. Uniserve is not responsible for screening or monitoring use of the Services by you, any Other User, or any other customer or third party. You further agree that Uniserve is not responsible for any content you access or receive through the Services.

22.2     Right to Monitor. Other than monitoring network usage, connectivity, and performance, we generally do not monitor, and do not want to monitor, your activities or communications made via the Services. However, Uniserve has the right (but not the obligation) to screen and monitor your use of the Services and to retain content that you obtain or access through the Services, if Uniserve is of the belief (in our sole and arbitrary discretion) that:

         (a)     doing so is necessary to investigate or respond to a breach of these Terms (including, without limitation, the Policies); or

         (b)     doing so is necessary to comply with any laws, regulations, court orders, or subpoenas.

We may also monitor your use of the Services:

         (c)     if doing so is necessary to: (ii) respond to your requests for customer service or (ii) administer, maintain, supply, and operate the Services;

         (d)     as provided in Section 22.3 (Removal of Content); and

         (e)     as provided in Section 22.4 (Information Sharing Notice).

Such collected information will be treated as personal information and will be subject to our Privacy Policy, as amended from time to time.

22.3     Removal of Content.

 

         (a)     Uniserve may refuse, remove, modify, disable, or delete any of your Content that we believe: (i) materially impairs or degrades Uniserves systems; (ii) violates, or poses a risk of violating, any law; (iii) violates or infringes, or poses a risk of violating or infringing, any third-party rights; (iv) violates these Terms or our AUP; (v) exposes or potentially exposes Uniserve to civil or criminal liability or public ridicule; or (vi) is otherwise objectionable, in our sole and arbitrary discretion.

         (b)     You acknowledge and expressly consent to Uniserve accessing, preserving, removing, and disclosing your Account information and your Content if required to do so by law or if in good faith Uniserve believes that such access, preservation, removal, or disclosure is reasonably necessary to: (a) comply with legal process; (b) to assist law enforcement; (c) enforce these Terms; (d) respond to claims that any Content violates the rights of third-parties or any law; (e) respond to your requests for customer service; (f) detect, deter, or prevent crime; or (g) protect the rights, property, or personal safety or security of Uniserve, or our affiliates, staff, Users, or the public.

         (c)     Despite Uniserves rights under this Section 22.3, Uniserve has no obligation to screen, monitor, edit, modify, access, preserve, or disclose your Content. Without limiting the foregoing, Uniserve is not obligated to exercise any editorial control over your Content (including Your Website) or the information you share via the Services. You are not entitled to a refund if Uniserve exercises any of its rights under this Section.

 

22.4     Information Sharing Notice. In order to adhere to legal requirements and respond to legitimate requests from government entities, safeguard our systems and our customers, or maintain the integrity and functionality of our business and technical infrastructure, we may access and share any information stored on our systems where we determine that doing so is necessary or appropriate in the circumstances. This includes, but is not limited to, user identification details (such as name, email address, etc.), IP addresses, usage data, and any content stored on our servers and systems. Additionally, we may inform law enforcement or other relevant authorities about any activities we believe are in contravention of any law. For more information, see our Privacy Policy. In cases where there are conflicts between our Privacy Policy and this right of disclosure in this Section, the provisions for disclosure in this Section will govern to the extent of any inconsistency.

23.      DISCLAIMERS, DECLARATIONS, & NOTICES

23.1     DISCLAIMER. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SERVICES AND OUR PRODUCTS IS AT YOUR OWN RISK. THE SERVICES AND OUR PRODUCTS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER UNISERVE NOR ITS AFFILIATES NOR UNISERVES OR ITS AFFILIATES RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, COVERAGE, TIMELINESS, PERFORMANCE, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES, INCLUDING WITHOUT LIMITATION ITS CONTENTS OR FUNCTIONALITIES. WITHOUT LIMITING THE FOREGOING, NEITHER UNISERVE NOR ITS AFFILIATES, NOR UNISERVES OR ITS AFFILIATES RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS, REPRESENTS OR WARRANTS THAT THE SERVICES (INCLUDING WITHOUT LIMITATION ITS CONTENT, OR ANY SERVICES, CONTENT, OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Services and your computer, internet and data security. TO THE FULLEST EXTENT AVAILABLE AT LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, RANSOMWARE, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR ELECTRONIC DEVICES, IT SYSTEMS, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

23.2    ASSUMPTION OF RISK. YOU DECLARE THAT YOU ARE AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH USE OF THE INTERNET, WHICH MAY INCLUDE, WITHOUT LIMITATION, DATA LOSS, UNAUTHORIZED ACCESS TO INFORMATION OR DATA, DAMAGE TO EQUIPMENT, REPUTATIONAL LOSS, IDENTITY THEFT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY, AND TRANSMISSION INTERRUPTION, AND THAT YOU FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITIES OF LOSS RESULTING THEREFROM.

23.3     FOREIGN PROCESSING NOTICE. Information you send through the Services may be stored or processed outside of Canada and therefore may be subject to the access under the laws of foreign jurisdictions.

23.4     Third-Party Content. Our website may include content provided by third parties. We make no representations or warranties about any other websites or content that may be accessed from this our Website or otherwise through the Services. All statements and opinions expressed in any such third party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Uniserve. Uniserve is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials. If you choose to access any such websites or content, you do so at your own risk. Your accessing such third party websites or content may subject you to the terms and conditions and privacy policies of third parties.

23.5     Third Party Providers. Our Services or products might be available or provided through third party providers. We do not control such third parties. When accessing or using the Services through a third party, your use of the Services may also be subject to the terms and conditions, and privacy policy, of such third party. We do not warrant, endorse, guarantee, provide any conditions, warranties, or representations, or assume any responsibility or liability for any information, content, product, or service advertised, offered, made available, or performed by any third party unless we expressly say so.

24.      LIMITATION OF LIABILITY

24.1     Dollar Cap. WITHOUT LIMITING SECTION 24.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNISERVE, OUR AFFILIATES, OUR CARRIERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS CUMULATIVE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, THE EQUIPMENT, OR OUR OTHER PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR IF NO AMOUNT HAS BEEN PAID IN THAT THREE MONTH PERIOD, THEN THE CUMULATIVE LIABILITY WILL NOT EXCEED $10.00 CAD).

24.2    LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNISERVE, OUR AFFILIATES, OUR CARRIERS, OR UNISERVES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, ALTERATION OF DATA, LOSS OF REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF PRIVACY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24.3    Interruption of Services. To the maximum extent permitted by applicable law, except as otherwise agreed by Uniserve in a written service level agreement signed by an authorized representative of Uniserve, Uniserve and its suppliers will not have any liability whatsoever for any delays, degradation, downtime, outages, or interruptions of the Services.

25.      INDEMNIFICATION

25.1    To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Uniserve, our Affiliates, our Carriers, and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, subsidiaries, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) (in this Section 25.1, collectively, Covered Claims) arising out of or relating to: (a) your or any Other Users breach of these Terms (including, without limitation, the AUP); (b) your or any Other Users use, access, or receipt of the Services or any of our products; (c) your Content, Your Website, or your data or the use of any of them; or (d) your negligence or willful misconduct. You agree that if any of the foregoing indemnified parties are the defendant, recipient, or target of a Covered Claim, such indemnified party may take exclusive control of the defense or settlement of such Covered Claim made against them.

26.      COMPLAINTS & DISPUTES

26.1     Dispute Resolution Process. We care about our customers. If you have a complaint or concern, please call our customer support line at 1-844-395-3900 or email us at customercare@uniserve.com to speak with one of our Customer Service Representatives. If you feel that your complaint or concern has not been resolved, you may escalate your complaint or concern by making an escalation request with any of our Customer Service Representatives.

26.2    Waiver of Class Action and Jury Trial. You hereby agree to waive any right you may have to commence or participate in any class action against Uniserve or its Affiliates related to any claim and, where applicable, you also agree to opt out of any class proceedings against Uniserve or its Affiliates. Where applicable, if a dispute arises between us and you, you hereby waive any right you may have to participate in a trial by jury with respect to that dispute.

26.3    ARBITRATION. In the event of any dispute between you and Uniserve arising out of or relating to these Terms or the Services that such dispute will be referred to and finally resolved by mandatory and binding arbitration administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable Rules.

The place of arbitration will be Vancouver, British Columbia, Canada. The number of arbitrators will be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the VanIAC, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; (b) such disclosure is required by applicable law; or (c) such disclosure is required to obtain a court order to enforce the arbitral order or award. If the law of the jurisdiction in which you receive the services does not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms will be commenced and determined exclusively in the courts situated in Vancouver, British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

The parties agree that they will not appeal any arbitration decision to any court.

26.4     Exclusive Forum. The parties agree that arbitration in accordance with Section 26.3 (Arbitration) will be the exclusive forum for resolving disputes arising out of or relating to these Terms or the Service, except that:

         (a)     either party may bring an action in a court of competent jurisdiction to seek interim, provisional, or emergency injunctive relief to preserve the status quo or prevent irreparable harm, pending the appointment of the arbitrator (or pending the arbitrators determination of the merits of the case);

         (b)     if Uniserve has a claim against you in an amount less than $35,000, Uniserve may elect to file its claim in the Civil Resolution Tribunal or the Provincial Court of British Columbia (Small Claims Court) (or the equivalent small claims court of your jurisdiction) in which case you irrevocably attorn to the exclusive jurisdiction of that tribunal or court to determine the dispute; and

         (c)     any claim by Uniserve for the return of property belonging to Uniserve may be commenced by Uniserve in any court of competent jurisdiction; and

         (d)     judgment upon the final arbitral award may be entered in any court having jurisdiction.

27.      MISCELLANEOUS

27.1     Governing Law. The courts in some countries, states, or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries, states, or provinces, then where British Columbia law is excluded from applying, your country, state, or provinces laws will apply to such disputes related to these Terms. Otherwise, these Terms and the Services are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction.

27.2     Further Assurances. You agree to provide such further documents or instruments, and take such further actions, reasonably requested by Uniserve, to effect the purposes of these Terms and carry out its provisions.

27.3     Relationship of the Parties. The relationship between the parties is that of Uniserve and customer . Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

27.4     Entire Agreement. Subject to Section 27.5, these Terms, together with:

         (a)     our Privacy Policy;

         (b)     the Policies; and

         (c)     the terms of your Subscriptions;

constitutes the sole and entire agreement between you and Uniserve regarding the Services and the other subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services and such other subject matter.

27.5     Supplemental Contracts. Your use of and access to the Services and Equipment is subject to any other written agreements you may have with Uniserve.

27.6     Waiver. No waiver of any of these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

27.7     Assignment. We may assign these Terms, and any agreements or documents referred to herein, in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person without our express written consent.

27.8    Language. The parties acknowledge that they have required that the Terms and all related documents be prepared in English. Les parties reconnaissent avoir exig que les prsentes modalits de vente et tous les documents connexes soient rdigs en anglais.

27.9     Enurement. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.

27.10    Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

27.11   Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

27.12   Force Majeure. No delay, failure, breach, or default on the part of Uniserve will constitute a breach of these Terms to the extent caused by: (a) acts of war, terrorism, invasion, riots or other acts of civil unrest; (b) hurricanes, earthquakes, pandemic, epidemic, flood, fire, tsunami, solar flare, solar storm, electro-magnetic pulse, explosion, other acts of God or of nature; (c) strikes or other labor disputes; (d) national or regional emergency; (e) passage of Law or any action taken by a governmental or public authority, including imposing an embargo, workplace shutdown or staffing restrictions, health order, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown; (f) national or regional shortage of adequate power or telecommunications or transportation facilities; (g) cyber attacks, denial of service attacks, or other cyber security incidents, or (g) other causes beyond Uniserves reasonable control.

27.13   Notice. Uniserve may give notice to you by email, letter, SMS, in-app notification, or any other reasonable means of communication to the applicable contact information you have registered in your Account. You may provide notice to us by letter to:

 

Uniserve Communications Corp.
Suite 209 333 Terminal Avenue
Vancouver, British Columbia
V6A 4C1, Canada