Xplore Fibre L.P. - Terms of Use

Xplore Fibre L.P. (“Xplore Fibre”, “we” or “us”) is pleased to provide the Services (as defined below) to you, the customer named in the Critical Information Summary (“you” or “customer”), on the terms in this agreement (the “Agreement”), which consists of:

• a summary setting out critical information about what you are signing up for including, if applicable, the amount of any security deposit and the conditions for its return (“Critical Information Summary”);
• the terms of use for the services setting out your and our obligations (“Terms of Use”); and
• the Internet use policy setting out the policies, rules, and limits regarding your use of the Services (“Internet Use Policy”) (the most current version of which may be found at www.xplore.ca/policies/usage-traffic-policies/xplore-internet-use-policy-2020)

Please take a few minutes to read the entire Agreement, including these Terms of Use, before accepting the Agreement or using the Services. All of the parts are important and together create a legal contract about the Services and the Xplore Fibre Equipment that applies to you once you have accepted it. These Terms of Use are written in a question and answer format to make it easier to understand your rights and obligations under this Agreement. You will need to accept the terms to continue using the Services. If you have any questions, Xplore Fibre’s contact information is listed on the Critical Information Summary, in these Terms of Use and on our website at Xplore.ca.

BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS OR BY USING THE SERVICES, THE XPLORE FIBRE EQUIPMENT OR THE XPLORE TV BOX, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICES, THE XPLORE FIBRE EQUIPMENT OR THE XPLORE TV BOX.

The Services are also subject to the following policies, each as may be changed from time to time (the “Policies”):

• the Xplore Traffic Management Policy (the most current version of which may be found at www.xplore.ca/legal/usage-traffic-policies);
• the Xplore Privacy Policy (the most current version of which may be found at www.xplore.ca/policies/privacy-policy/);
• the 30 day Money Back Guarantee (the most current version of which may be found at www.xplore.ca/policies/about-xplores-30-day-money-back-guarantee/);
• the Service & Warranty Policy (the most current version of which may be found at www.xplore.ca/legal/service-warranty);
• the 9-1-1 Terms and Limitation of Liability (the most current version of which may be found at www.xplore.ca/legal/9-1-1-terms-and-limitation-of-liability);
• the Inactive Email Account Policy (the most current version of which may be found at www.xplore.ca/policies/terms-of-use/inactive-email-account-policy/);
• Basic and Enhanced Installation Policy (the most current version of which may be found at support.xplore.ca/s/article/What-to-Expect-During-Your-Internet-Installation-Appointment?language=en_US); and
• any other policies of Xplore Fibre that you are made aware of by us from time to time.

Note that the above policies of Xplore Inc. apply to customers of Xplore Fibre L.P. unless otherwise stated.

For your reference, here are a few definitions of words that are commonly used in the Terms of Use:

• Commitment Period means the number of months remaining in your committed contractual term, which can be accessed at MyXplore.ca, or as set out in the Critical Information Summary.
• Fees means all fees or other amounts payable under this Agreement, including the minimum monthly charges for Services, usage-based fees, equipment rental fees, and one-time fees and charges such as installation fees set out in the Critical Information Summary, as well as the additional fees described in question 32, interest charges payable for overdue accounts, and all applicable taxes.
• Plan means a particular combination or package of Service(s) offered by Xplore Fibre from time to time, including the service characteristics (such as speed and data allowance), the price, and any applicable promotions.
• Services means the services that Xplore Fibre offers such as Internet Access service, Wi-Fi Router service, Xplore TV Services and other services which are described in more detail below in question 1, and includes any related installation services, de-installation services, maintenance services, repair services, and technical and billing assistance services performed by Xplore Fibre.
• Xplore Fibre Equipment means the equipment Xplore Fibre provides, that is used for providing the Services, as described in more detail in question 20.
• Xplore TV Box means the equipment Xplore Fibre provides that is used for providing the TV Services.
• IPTV Service Provider means the third-party service provider of TV Services identified in the Critical Information Summary, whose separate terms of use govern the TV content and programming services accessed through the Xplore TV Box. For greater certainty, Xplore Fibre is not the IPTV Service Provider and acts solely as agent in connection with marketing the TV Services available to you.

1. What does this Agreement cover?

This Agreement is for the telecommunications and related services described in the Critical Information Summary that you have ordered from Xplore Fibre, which may include each of the following services and any other associated services that Xplore Fibre may offer from time to time:

• Internet Access: Internet access service that provides you with a connection to the public Internet from a fixed location, such as your home
• Home Phone: Home Phone service provides you with an IP-based telephony voice communications service that includes a telephone number and both local and long distance calling capabilities
• Wi-Fi Router: Wi-Fi Router Service provides you with the use of a Wi-Fi router for use with your Internet Access Service as well as troubleshooting support for that Wi-Fi router
• Xplore TV Services: The television programming and content services provided by the IPTV Service Provider. Xplore TV Services may be accessed by you through the Xplore TV Box or other supported devices.
• Static Domain: Static IP services provides you with a public, persistent Internet Protocol address to be used for accessing the Internet through Xplore Fibre Internet Access Service.

This Agreement also applies to any devices, equipment or software provided by Xplore Fibre in association with the Services, including the Xplore Fibre Equipment (as defined below in question 20) and the Xplore TV Box. This Agreement does not apply to Xplore Business.

These Terms of Use apply exclusively to Xplore Fibre’s services and equipment required to receive those services, including the Xplore TV Box. Xplore Fibre acts solely as an agent for, and is not the provider of, the TV Services. The TV Services are provided by the IPTV Service Provider, which is a third-party television service provider that is solely responsible for television programming and content services made available through the Xplore TV Box. The IPTV Service Provider’s separate terms of use govern the TV application(s) and listing of supported devices, features including cloud DVR, content programming and packages and delivery of TV Services. By using the Xplore TV Box, you acknowledge and agree that: (a) Xplore Fibre’s role is limited to providing the Xplore TV Box equipment and facilitating your access to the TV Services; (b) Xplore Fibre is not responsible for, and makes no representation or warranties regarding, the TV Services, including the availability, quality, content, or suitability of any television programming; (c) you are subject to both these Xplore Fibre Terms of Use (with respect to the Xplore TV Box and Xplore Fibre’s services) and the IPTV Service Provider’s terms of use (with respect to the TV Services); and (d) in the event of a conflict between these Terms of Use and the IPTV Service Provider’s terms of use regarding the TV content and programming, the IPTV Service Provider’s terms will govern with respect to those matters.

2. How can I obtain a copy of this Agreement?

You can always access a copy of the Agreement after you accept it by accessing your account information on MyXplore.ca. You will be able to print or download a copy. Please keep it for your records. Please contact us at 1-866-841-6001 if you would like to receive a copy of the Agreement in an alternative format.

3. Is this Agreement available in an alternative format?

You can request alternative formats of this Agreement and find out more information about Xplore Fibre’s accessibility services at www.xplore.ca/contact-us/ or by contacting us using one of the following options:

• Email our support team using [email protected].
• Reach us using 711 on your phone relay service.
• Web to Case: Using MyXplore.ca, please access our “Web to Case” feature located under the “Cases” tab. If you do not have your MyXplore.ca login information, please contact us by email or phone relay service for assistance.

4. When does my Agreement take effect?

Your Agreement begins on acceptance of this Agreement and will continue for your Commitment Period. You are deemed to have accepted this Agreement if you begin using the services or if you make a payment for services covered by this Agreement. Upon expiry of the Commitment Period, or if the Commitment Period in the Critical Information Summary indicates “month to month”, Xplore Fibre will continue to provide the Services to you on the same Plan (or on a similar Plan if we no longer offer the same Plan) and the Commitment Period of this Agreement will be automatically renewed from month to month. Xplore Fibre will notify you at least 90 days prior to the expiry of the Commitment Period of your Agreement, unless you are on a month-to-month Commitment Period.

Changes to your Services that you request (as described in question 7) or discounts or promotional offers (as described in question 38) may require your agreement to a new or different Commitment Period. In such a case, the new Commitment Period will begin when the change, discount, or promotional offer takes effect and will last for the revised period to which you agree.

5. Who is eligible to subscribe to the Services?

To subscribe to and use the Services, you must: (a) be at least the age of majority in the province or territory in which you reside (18 or 19, depending on your province or territory); (b) be a resident of Canada at the service address; (c) have the legal capacity to enter into a binding contract; and (d) provide accurate, current, and complete information as required during the sign-up process and maintain the accuracy of such information throughout the term of this Agreement. If you do not meet these eligibility requirements, you are not authorized to use the Services. You represent and warrant that all information you provide to Xplore Fibre in connection with your account is true, accurate, and complete.

6. Can Xplore Fibre make changes to this Agreement?

Yes. We may change, add or remove portions of the Agreement that are not key terms, at any time by giving you at least 30 days prior written notice of the change. Similarly, we can modify, add or remove the features of your Services, by giving you at least 30 days written notice. We will notify you of any such changes by email, bill message, messages in MyXplore.ca, or other means. The notice will clearly identify the change and provide the effective date. Continued use of the Service following notice of the changes confirms that you expressly agree to and accept the Agreement as amended. If you do not agree to the changes, you should stop using the Services and notify us that you are cancelling the Agreement (as set out below in question 41) within 30 days after receiving the notice.

We may change, add or remove portions of the Agreement that are key terms during the Commitment Period only with your informed and express consent or if the change is clearly for your benefit, by reducing the rate for a service or increasing the usage allowance applicable to a Service. If your Commitment Period is month to month, we may change, add or remove portions of the Agreement that are key terms if we provide you with 60 days’ notice.

Key terms of your Plan are the applicable minimum monthly charges and any discounts or promotions and the period during which they apply, the described speed, the data usage allowance, the Commitment Period, any applicable installation fees, the rental charges for the Xplore Fibre Equipment or Xplore TV Box, and the early cancellation fee.

The facilities used to provide the Services may change from time to time. If there is a change in Internet facilities, Xplore Fibre may need to realign or relocate your receiving antenna in order to continue providing the Services.

Certain Services are regulated by the Canadian Radio-television and Telecommunications Commission (the “CRTC”). This Agreement may be changed as necessary to comply with any new or modified regulations, directions, or orders of the CRTC.

Note that individual Xplore Fibre personnel, such as sales, technicians, or Customer Care representatives are not authorized to change, modify, or amend this Agreement unless specifically approved in writing by Xplore Fibre, and you may not rely on any such unapproved change, modification or amendment.

7. Can I change my Services?

You may change the Plan for your Services at any time by contacting Xplore Fibre at 1-866-841-6001 or, as available, through the use of our website at Xplore.ca. We would be happy to help you. You may only be able to change to a Plan that is currently available and any Plan you remove may no longer be available for the price that you currently pay. You will be informed of the key terms (as described above in question 6) that would apply to the new Plan, including the new price and any new Commitment Period that may apply. Changes to your Plan, including changes to individual features, may not take effect until the start of your next billing period. Where the change is to obtain additional capacity, or to upgrade to a higher tier Plan, we may (in our discretion) apply the change immediately.

If you subscribe to TV Services and you change your Plan, your new Plan may not meet the minimum technical requirements necessary to support the TV Services. In such circumstances, the TV Services may not be available to your new Plan, or the quality and functionality of the TV Services may be affected. Xplore Fibre will use reasonable efforts to notify you prior to any Plan change if the change would impact the availability of the TV Services; however, it is your responsibility to confirm whether your new Plan meets the minimum service requirements for the TV Services before completing any Plan change.

While you can change your Plan or Services, you may not make any changes to these Terms of Use.

8. How does Xplore Fibre protect my personal information?

We care about your privacy and are committed to protecting your personal information. The Xplore Privacy Policy, available at www.xplore.ca/policies/privacy-policy, explains the personal information Xplore Fibre collects, how and why Xplore Fibre uses and discloses it, the types of service providers with whom it may be shared, where it may be processed, how long it may be retained, and the choices and rights available to you. The Privacy Policy forms part of this Agreement and applies to personal information collected, used or disclosed by Xplore Fibre in connection with the Services, including the TV Services and Xplore TV Box. 

You have a role in protecting your privacy and personal information. You are responsible for protecting your Account and password, ensuring and maintaining the security and privacy of your property, and protecting yourself against any breaches of privacy, confidentiality, or security, or any other risks relating to the use or receipt of the Services, the Xplore TV Box or the Xplore Fibre Equipment.

If you subscribe to the TV Services, Xplore Fibre and the IPTV Service Provider may collect information required to provide, secure, support and administer the TV Services. This may include your account and subscription information, device identifiers, service entitlements, application and device diagnostics, search queries, viewing activity, and information about how the TV Services and Xplore TV Box are used.

Xplore Fibre and the IPTV Service Provider may use this information where reasonably necessary to activate and deliver the TV Services, authenticate users and devices, provide requested features, maintain security, prevent fraud and unauthorized access, troubleshoot service issues, provide customer support, measure service reliability, and meet legal and regulatory obligations.

Information about your viewing activity, content preferences, search activity or usage patterns will not be used by Xplore Fibre for targeted advertising or promotional profiling without additional consent, where required by law. Where optional content personalization or recommendations are offered, Xplore Fibre will explain the nature and purpose of the personalization and provide any choice required by applicable privacy law. Declining optional personalization will not prevent you from receiving the core TV Services, although personalized recommendations or similar optional features may not be available.

The TV Services may use automated processes to organize content, generate recommendations, identify service or security issues, or tailor the presentation of content based on viewing activity, content preferences, search activity or usage patterns. Xplore Fibre will not use information collected through the TV Services to make a decision that produces legal effects or otherwise has a significant impact on you solely through automated processing without providing the notices, explanations and rights required by applicable law. Additional information about any identification, location or profiling functions associated with the TV Services, including how to activate or deactivate an optional function where applicable, will be provided through the Xplore Privacy Policy or the relevant service interface.

Xplore Fibre may disclose to the IPTV Service Provider the personal information reasonably necessary to activate, deliver, secure, support and administer the TV Services. Depending on the services and features you use, this may include account and subscription identifiers, service entitlements, device identifiers, application and device diagnostics, search queries, viewing activity, content preferences and usage information. The IPTV Service Provider may also collect personal information directly from you when you access or use its application or features. The IPTV Service Provider’s privacy policy applies to its direct collection and any independent use or disclosure of personal information. Links to the IPTV Service Provider’s applicable terms of use and privacy policy will be made available before or during activation and through the TV application or Xplore Fibre’s website.

Xplore Fibre will not authorize the IPTV Service Provider to sell personal information received from Xplore Fibre or to use that information for unrelated third-party marketing or targeted advertising. Personal information received from Xplore Fibre will not be used to train a general-purpose artificial intelligence model without Xplore Fibre’s prior written authorization and any additional notice or consent required by applicable law. Aggregated or de-identified information may be used to operate, secure, analyze and improve the TV Services, provided that the information cannot reasonably be used to identify you.

Xplore Fibre remains responsible for personal information under its control and uses contractual and other safeguards appropriate to the sensitivity of the information when engaging service providers. The IPTV Service Provider is responsible for personal information that it collects directly or otherwise processes for purposes that it independently determines, subject to its privacy policy and applicable law. Questions about Xplore Fibre’s privacy practices may be directed to Xplore using the contact information in the Xplore Privacy Policy.

Xplore Fibre may send you electronic messages relating to your account, Services, billing, service disruptions, security, technical support and other operational matters necessary to facilitate and manage your service relationship with Xplore Fibre. If Xplore Fibre wishes to send you commercial electronic messages regarding promotional offers, new services or partner offers, Xplore Fibre will obtain or rely on the consent required under Canada’s Anti-Spam Legislation (CASL). You may withdraw consent to promotional messages at any time by following the unsubscribe instructions in the message or by contacting Xplore Fibre at 1-866-841-6001. Withdrawing consent to promotional messages will not prevent Xplore Fibre from sending service, account, billing, security or other non-promotional communications permitted by law.

You consent to receive all communications, agreements, documents, notices, and disclosures from Xplore Fibre electronically, including by email to the email address associated with your account, through MyXplore.ca, or by posting on Xplore Fibre’s website. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your email address current and to check your email and MyXplore.ca account regularly. Electronic notices from Xplore Fibre are deemed received by you on the day they are sent or posted, as applicable. Xplore Fibre may, without notice to you, monitor, intercept, disclose, or provide access to information about you or your use of the Services (including Your Content and account information) where Xplore reasonably believes that it is required or permitted to do so by applicable law, regulation, court order, warrant, subpoena, or other lawful authority, or where Xplore reasonably believes that such action is necessary to: (a) comply with legal process or a governmental request; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Xplore, its customers, or the public; or (e) protect the security or integrity of the Services or Xplore Fibre’s network.

9. Are there any rules on my use of the Services?

Yes. The Services must be used respectfully, responsibly and in accordance with the Internet Use Policy, available at www.xplore.ca/policies/usage-traffic-policies/xplore-internet-use-policy-2020. Any abuse or misuse of the Services, the Xplore Fibre Equipment, the Xplore TV Box or our networks is a serious matter and can result in our termination of your Agreement with Xplore Fibre and may lead to criminal or civil liability.

10. Are there restrictions on who can use my TV Services account?

Yes. Your Xplore Fibre account and the TV Services are for the personal, non-commercial use of members of your household only. “Household” means individuals who primarily reside at the service address associated with your Xplore Fibre account. You must not share, sell, transfer, or otherwise make available your account credentials (including username and password) to any person who is not a member of your household. If Xplore Fibre reasonably believes that your account credentials are being shared in violation of this provision, Xplore Fibre reserves the right to suspend or restrict access to the TV Services and/or terminate the TV Services in accordance with this Agreement.

11. Are there additional rules on my use of the TV Services?

Yes. In addition to any restrictions in the IPTV Service Provider’s terms of use, the following restrictions apply to your use of the TV Services and the Xplore TV Box:

(a) You must not copy, record, reproduce, redistribute, broadcast, publicly perform, or commercially exhibit any TV content accessed through the TV Services, except as expressly permitted by applicable law.

(b) You must not circumvent, disable, or interfere with any digital rights management, access control, geographic restriction, or other technological protection measure applied to the TV Services or TV content.

(c) You must not use any VPN, proxy server, or similar technology to circumvent geographic content restrictions or to access TV content not authorized for your service area.

(d) You must not modify, reverse-engineer, decompile, or tamper with the Xplore TV Box firmware or security features, except as expressly permitted by law.

(e) You must not use the TV Services or Xplore TV Box for any unlawful purpose or in any manner that violates the intellectual property rights of any party.

12. Are there any limits on the Services?

Depending on your Plan, some Services may be subject to usage limits. These limits are described in the Critical Information Summary. Further information is available at www.xplore.ca/shop/internet-packages. You can access information and details regarding your usage of Services through MyXplore.ca.

If your Plan includes usage limits, Xplore Fibre will notify you when you reach 75% of your usage limit, 90% of your usage limit and 100% of your usage limit within a single billing cycle. You can access tools to monitor your data usage through MyXplore.ca.

All of the Services, including any Services described as “unlimited”, are subject at all times to our Internet Traffic Management Policies, described in question 14.

13. Does Xplore Fibre offer unlimited Services?

Some Services offered by Xplore Fibre have certain unlimited attributes. The term “unlimited” refers to a specific attribute of those Services that is not restricted; other attributes of the Service may still be subject to limitations. For example, an access service with unlimited data may have a speed restriction. Please review the Critical Information Summary to determine any restrictions that may apply to your Services.

14. Are Service speeds guaranteed?

Xplore Fibre provides the Services on a “reasonable efforts” basis and does not guarantee upload or download speeds or other performance. Xplore Fibre does not guarantee a specific speed to customers when navigating particular sites. There are numerous factors that affect Internet speed and performance, including but not limited to your location, weather, Internet traffic, your router capability, the specific technical configuration, capabilities and status of Customer Equipment, software (including firewalls, procedures for optimization, antivirus analysis, backup, Virtual Private Networks, etc.), and other factors beyond Xplore Fibre’s control.

Xplore Fibre has established Internet Traffic Management Policies, which are available at www.xplore.ca/legal/usage-traffic-policies, that are intended to provide fair and consistent access to Internet Access Services for all Xplore Fibre customers. In some circumstances, these Internet Traffic Management Policies provide for reduced transfer speeds for non-time-sensitive traffic during peak hours. Our intent with these practices is to affect the fewest customers while helping maintain the best speeds for the majority of customers. To ensure this equity of usage is maintained among Xplore Fibre customers, customers may experience some temporary throughput limitations. The Internet Traffic Management Policies apply to all Internet Access Services, but the specific practices vary depending on the type of technology used to provide the Service. Please consult the policies for full details.

15. Are the Services suitable for safety-critical applications?

No, the Services are intended for residential, home office or small business use. The Services are not fault-tolerant and are not designed or intended for use in or in conjunction with safety-critical systems including on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. Xplore Fibre specifically disclaims any express or implied representations, warranties, conditions, or guarantees for such uses.

16. Am I responsible for content that I transmit using the Services?

Yes. When using the Services, you must respect the rights of others. You are responsible for ensuring that you have the rights to any content that you copy, post, upload, download, access, store, transmit or communicate to others using the Services including data, documents, videos, music, photos, etc. (“Your Content”). You may not use the Service for a purpose or in a manner that is contrary to our polices, including our Internet Use Policy, or any laws or rights including, without limitation, in violation of any copyright, patent, trade-mark, trade secret, confidentiality or other intellectual property or moral, publicity, personality, proprietary, contractual or privacy right of any person or any defamation, unfair competition, criminal or obscenity laws applicable to any content or information transmitted using the Services (including, without limitation, the Criminal Code of Canada).

Neither Xplore nor any of its affiliates (including Xplore Fibre L.P.) attempt to censor the use of the Service and except as provided in this Agreement (including in the Internet Use Policy) or as required by law, have no control over such use. As the user of the Service, you assume total responsibility and risk for access to or use of Your Content and for your use of the Service and the use of those who you allow to use the Service.

Please be aware that software or content which you install or access may from time to time automatically, and without notice to you, access the Internet, potentially incurring data usage and overage charges.

17. Is Xplore Fibre responsible for third-party content or services I access?

No. The Services may allow you to access websites, applications, content, products, and services provided by third parties (collectively, “Third-Party Services”). Xplore Fibre does not control, endorse, sponsor, or assume any responsibility for any Third-Party Services. Your use of Third-Party Services is at your own risk and is subject to any applicable third-party terms and privacy policies. Xplore Fibre is not responsible for any content, advertising, products, or other materials available through Third-Party Services, or for any damage, loss, or offence caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.

18. Are there security deposit or credit requirements to use the Services?

If you are signing up for Services or changing Services, Xplore Fibre may complete a credit check on you. By accepting this Agreement, you consent to Xplore Fibre obtaining a credit check for the purpose of assessing your eligibility for Services and determining whether a security deposit is required.  We may also disclose your credit experience information to credit reporting agencies and collection agencies in accordance with our privacy policy. You acknowledge that we may provide credit experience information regarding your account to others seeking this information. You consent to our use and disclosure of this information to the parties who will assist with assessing your creditworthiness, and our disclosure of this information to collection agencies to assist with the collection of monies owed, all from time to time.

Xplore Fibre may, at any time, by notice to you, require that you provide us with a security deposit. If we require a deposit, we will inform you of the reasons for the requirement, the amount of the deposit, the period for which the deposit will be held, the conditions under which the deposit will be returned, and the interest that will be paid on the deposit. We will keep a record of these details on your account. Any security deposit you provide will be held for at least 6 or 12 months, as determined by Xplore Fibre based on your credit assessment and communicated to you when the deposit is required, unless your Services are cancelled sooner.  Xplore Fibre will review whether a security deposit continues to be required at least once every 12 months. Xplore will pay you interest on any security deposit at a rate equal to the Bank of Canada’s overnight rate plus 1% per annum, calculated on an actual-day basis and accruing monthly. We will return to you any security deposit together with applicable interest as bill credits within 30 days of cancellation of your Services or once we have determined that the conditions for returning the security deposit have been met. 

Xplore Fibre may, at any time you order your Services, require that you pay applicable installation fees immediately upon placing your order at our sole discretion. This requirement may be levied on you separately from or in addition to applicable security deposits if your Service is not installed and activated, any amounts paid for installation will be refunded to you.

19. What do I need to have to connect to the Services?

Minimum and recommended system requirements for computer systems to use the Services are described on our website at support.xplore.ca/s/article/Minimum-System-Requirements-for-Xplore-Service?language=en_US. In addition, if you want to connect more than a single device and have not subscribed for Xplore Fibre’s Wi-Fi Router Service, you will also need a router. See support.xplore.ca/s/topic/0TO3w000001uTe6GAE/internet-email-router-support?language=en_US.

We may change the minimum requirements for your equipment to use the Services (“Customer Equipment”), in which case you may need to update or replace Customer Equipment.

If Customer Equipment does not meet the recommended minimum computer requirements or has not been updated to do so, Customer Equipment may not be adequate to access or use the Services and your only remedy is to cancel the affected Services. We will not be able to offer you customer support for any issues other than the quality of the signal delivered to the Xplore Fibre Equipment. Xplore Fibre does not represent, warrant or guarantee that the Services will be compatible with all system configurations. If you subscribe to TV Services, minimum system requirements for the TV Services are described on our website at support.xplore.ca/s/article/Minimum-System-Requirements-for-Xplore-TV.

If you subscribe to TV Services, the minimum technical requirements for the TV Services may change from time to time. You may access the TV Services through the Xplore TV Box or other supported devices as set out on our website. If the Xplore TV Box no longer meets the minimum requirements, the TV Services may not function adequately through the Xplore TV Box. In such circumstances, you may be required to update or replace the Xplore TV Box, or you may continue to access the TV Services on other supported devices. If any update or replacement of the Xplore TV Box is required due to changed minimum requirements and no replacement is available, you may either (i) cancel the TV Services without penalty, or (ii) continue to access the TV Services on other supported devices.

20. What equipment does Xplore Fibre provide?

Xplore Fibre provides equipment, such as an optical light terminal, fibre optic cables, access point, transceiver, modem, or other customer premise equipment required to receive the Services. You will find more information about the installation process on our website at support.xplore.ca/s/article/What-to-Expect-During-Your-Internet-Installation-Appointment?language=en_US. You may also choose to rent additional, optional equipment from us, such as the Xplore Fibre Whole Home Wi-Fi. In this Agreement, any equipment you receive from Xplore Fibre is called “Xplore Fibre Equipment”. Xplore Fibre Equipment will be provided by the Xplore Fibre technician at the time of installation. If you subscribe to the TV Services, you may access the TV Services through the Xplore TV Box or other supported devices. The Xplore TV Box is not required to access the TV Services; it is an optional supported device available to you should you choose to rent one. If you choose to rent an Xplore TV Box (a set-top-box that enables you to receive TV Services from the IPTV Service Provider), a TV application is pre-loaded on the Xplore TV Box by Xplore Fibre prior to your first use. You rent the Xplore TV Box from Xplore Fibre on a monthly fee as set out in your Critical Information Summary, and you may rent additional Xplore TV Boxes, subject to availability and any limits Xplore may impose from time to time.

Xplore Fibre is the owner of and retains title to the Xplore Fibre Equipment and Xplore TV Box, as applicable. Other trade-marks and proprietary marks on the Xplore Fibre Equipment or Xplore TV Box, as applicable, are and will remain the property of the manufacturer. You will not do anything to infringe upon, harm or contest the validity of the trade-marks or other marks on the Xplore Fibre Equipment or Xplore TV Box, as applicable. You will provide us with your landlord’s consent to the attachment of the Xplore Fibre Equipment, if necessary.

We may replace, upgrade or modify the Xplore Fibre Equipment or Xplore TV Box, as applicable, required for the use of Services, or migrate your Services to other technologies or platforms.

21. Who is responsible for the Equipment I need to use the Services?

You are responsible for Customer Equipment, for example, your computer or telephone, and any Xplore Fibre Equipment you use with the Services and for the Xplore TV Box (together, “Equipment”) and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any Xplore Fibre Equipment and Xplore TV Box, as applicable, and maintain it in good working condition following the manufacturer’s recommendations.

22. How can I use the Xplore Fibre Equipment?

You may only use the Xplore Fibre Equipment as required to receive the Services in accordance with this Agreement. You may only use the Xplore TV Box to receive the Xplore TV Services in accordance with this Agreement and the IPTV Service Provider’s Terms of Use.

23. Can I move or modify the Xplore Fibre Equipment?

No. You must not move, alter or disturb any Xplore Fibre Equipment used for Internet Access Services that has been installed at the location shown on the Critical Information Summary or associated wiring or power supply because it might impact provision of the Services. You assume any risk associated with moving the Xplore Fibre Equipment or the Xplore TV Box within your premises. Additional Fees may apply if any repair or restoration is required as a result of changes to any disturbance of Xplore Fibre Equipment or the Xplore TV Box, as applicable.

The Xplore Fibre Equipment for all Services cannot be moved to a different address without our advance written permission. The Xplore TV Box is also subject to regional service area restrictions. You must obtain our advance written permission before moving the Xplore TV Box to a different address. If you move the Xplore TV Box to an address outside of a supported TV service area, the TV Services can no longer be offered at that location. If Xplore discovers that you have moved the Xplore TV Box to an unsupported area without our permission, Xplore Fibre reserves the right to cancel the Xplore TV Services immediately without notice and to exercise any other rights Xplore Fibre may have under this Agreement. If you want to change the location where you receive the Services, please contact us at 1-866-841-6001 or see our website at support.xplore.ca/s/article/Moving-with-Xplore?language=en_US. If we are unable or unwilling to provide the Services to you at the new location, you will remain responsible for all Fees payable under this Agreement for the full Term, unless you cancel the Services as described in question 41.

24. When and how do I return the Xplore Fibre Equipment and the Xplore TV Box?

Xplore Fibre Equipment and Xplore TV Box must be returned in good condition (reasonable and normal wear and tear excepted) within 30 days from the cancellation or other termination of the applicable Services or the Xplore TV Services, as applicable. We will provide you with instructions regarding removal and shipping as appropriate when you cancel, but please contact us if you have any questions.

25. Can Xplore Fibre help me to de-install and remove the Xplore Fibre Equipment or the Xplore TV Box?

If you need assistance with the de-installation and return of the Xplore Fibre Equipment or the Xplore TV Box, please call us at 1-866-841-6001. We will arrange for an Xplore Fibre technician to come to your premises to remove all or any portion of the Xplore Fibre Equipment or Xplore TV Box. Service charges may apply for this assistance.

26. What happens if I fail to return the Xplore Fibre Equipment or Xplore TV Box?

To the extent permitted by applicable law, if you fail to return any of the Xplore Fibre Equipment or Xplore TV Box in good condition (reasonable and normal wear and tear being excepted) within 30 days of the cancellation date, we may send an Xplore Fibre technician to retrieve the Xplore Fibre Equipment or Xplore TV Box and you consent to permit such personnel to enter into your premises as necessary to do so. Otherwise, we may charge you the Replacement Cost of such Xplore Equipment or Xplore TV Box , as described in question 32.

Xplore Fibre may, at its option, by notice in writing to you, choose not to remove all or any portion of the Xplore Fibre Equipment or Xplore TV Box, in which case ownership of the designated equipment will pass to you (without any additional charge payable by you to us) following our sending the notice and Xplore will have no further responsibility or obligation for or liability to you arising out of or in connection with such Xplore Equipment or Xplore TV Box . For clarity, the transfer of title to the Xplore Equipment or Xplore TV Box will not transfer or assign any intellectual property right in or to the Xplore Equipment or Xplore TV Box .

27. What terms apply to software supplied by Xplore Fibre?

Xplore Fibre grants you a limited, non-exclusive, non-transferable and non-assignable license to use the Xplore Fibre software (including software from third-party vendors) included with and as embedded in or as part of the Xplore Fibre Equipment or Xplore TV Box, associated documentation (if any) and any updates to the foregoing (“Licensed Programs”) provided for your Services or the Xplore TV Services. You may use the Licensed Programs solely in conjunction with the Services and for no other purpose. We may modify, upgrade, or remove the Licensed Programs at any time, for any reason, without providing notice to you. The Licensed Programs are confidential and proprietary information of Xplore Fibre and our licensors and embody trade secrets and intellectual property protected under Canadian copyright laws and other laws. All right, title and interest in the Licensed Programs, including associated intellectual property rights are and will remain with Xplore Fibre and our licensors. You must not translate, decompile, reverse-engineer, distribute, remarket, disassemble or otherwise dispose of, thereof or make any other unauthorized use of the Licensed Programs or any part of the Licensed Programs.

Other licence terms (which may include third party licence terms) may apply to other software offered or provided by Xplore Fibre from time to time.

28. Who owns the TV content?

All television programming and content accessible through the TV Services is owned by or licensed to the IPTV Service Provider and/or its content licensors. You do not acquire any ownership interest in any TV content by subscribing to or accessing the TV Services. TV content is licensed to you solely for personal, non-commercial viewing. The availability of specific channels, programs, or content is determined by the IPTV Service Provider and its content licensors and may change at any time without notice from Xplore Fibre. Xplore Fibre makes no representation or warranty regarding the continued availability of any specific programming or content.

29. How does Installation work?

The outdoor Xplore Fibre Equipment for the Internet Access Services is highly sophisticated and the installation specifications f are very stringent. A professional certified Xplore Fibre technician must install the Xplore Fibre Equipment for Internet Access Service. Customers are responsible for all costs and scheduling associated with the installation. You will find more information about the installation process, including the basic and enhanced installation service terms which apply to the installation services, on our website at support.xplore.ca/s/article/What-to-Expect-During-Your-Internet-Installation-Appointment?language=en_US. If you require enhanced installation services that go beyond the basic installation services, as described on our website, you will be responsible for the additional fees and costs. Xplore Fibre is not required to perform any other installation or related service unless agreed to in writing between the parties. You give Xplore Fibre or its Xplore Fibre technicians permission to access and enter your premises to install, maintain, repair, inspect, update, remove, and otherwise to deal with the Equipment as necessary for us to provide the Services and exercise our rights under the Agreement.

If you subscribe to the TV Services and rent an Xplore TV Box, the installation process will depend on whether you are a new or existing Xplore Fibre customer. If you are a new customer activating Internet Access Services (or an existing customer changing your type of Internet Access Services) and you also order Xplore TV with one or more Xplore TV Boxes at the same time, your Xplore TV Box(es) will be installed by an Xplore Fibre technician at the time of your Internet installation. If you are an existing Xplore Fibre Internet customer and you order Xplore TV with one or more Xplore TV Boxes, your Xplore TV Box(es) will be shipped to you with instructions for self-installation.

Xplore Fibre will not perform installation services where it considers it unsafe to do so.

For indoor equipment (for example, for Home Phone Service, Wi-Fi Router Service or the Xplore TV Box, we may provide the equipment to you for self-installation. You are responsible for and assume all risks and liability associated with installation and use, including any deviation from any recommendation we provide on the set-up and use of the Xplore Fibre Equipment or Xplore TV Box that you install.

30. What happens if the Xplore Fibre Equipment, the Xplore TV Box or the Services do not work properly?

If your Services are disrupted because the Xplore Fibre Equipment is not working, other than as a result of a power disruption, please call us at 1-866-841-6001. If your TV Services are disrupted because the Xplore TV Box is not working, other than as a result of a power disruption, please call us at 1-866-841-6001. Xplore Fibre will make reasonable efforts to repair or replace defective Xplore Fibre Equipment or the Xplore TV Box and will do so at no cost to you in the first year. After the first year, there is still no charge for the Xplore Fibre Equipment or the Xplore TV Box itself, but we may charge you for the labour associated with fixing or repairing the Xplore Equipment or the Xplore TV Box, in which case we will advise you of any applicable fees and obtain your consent before scheduling a service visit. Despite the foregoing, if Xplore Fibre determines that you damaged the Xplore Fibre Equipment or the Xplore TV Box, we may charge you the Equipment Replacement Cost. If the Xplore TV Box experiences a performance issue and you have taken reasonable care of the Xplore TV Box, Xplore Fibre will provide you with a replacement unit at no additional charge. If the Xplore TV Box is lost or damaged due to your failure to take reasonable care, you will be required to pay the Equipment Replacement Cost for the Xplore TV Box as set out in question 32. The Xplore TV Box carries a manufacturer’s limited warranty; however, because the Xplore TV Box is rented to you and remains Xplore Fibre’s property, this warranty is not passed on to you. Warranty arrangements for replacement units are managed directly between Xplore Fibre and the manufacturer.

Service visits will be scheduled to take place within a specific period of time. You must ensure that a person over the age of 18 is present during this period. If you need to cancel or reschedule a service visit, please contact us at 1-866-841-6001.

Repair or replacement of defective Xplore Fibre Equipment or the Xplore TV Box is Xplore Fibre’s sole responsibility for any Service outage. In certain circumstances, Xplore Fibre may, but is not obligated to, offer a non-refundable service credit to be applied against your current account balance. Any such service credit is offered at Xplore Fibre’s sole discretion, and without any admission of liability.

31. What other technical support does Xplore Fibre provide?

If you require technical support for your Services, Xplore Fibre is proud to offer service 24 hours a day, every day, from our Canadian call centres. Please contact Xplore Fibre for technical support for your Services at 1-866-841-6001. You agree that Xplore Fibre (including any third-party service providers engaged by Xplore Fibre) may, at your request, access, take control of, modify and replace any Equipment, remotely or in person, including installing and de-installing certain software, to provide you with technical support. You will also find self-help and troubleshooting information on our website at support.xplore.ca. Our technical assistance applies to Xplore Fibre Services, the Xplore TV Box and Xplore Fibre Equipment. Xplore Fibre provides first-line customer support for TV Services issues, including basic troubleshooting, billing inquiries, and entitlement validation. For more complex issues relating to TV Services content, programming, or platform functionality, Xplore Fibre will escalate to the IPTV Service Provider on your behalf.

32. What fees apply?

After the start date of your Services, you agree to pay us the applicable monthly fees for the Service, applicable installation charges, rental charges for the Xplore Fibre Equipment and Xplore TV Box, and other fees, as indicated on your Critical Information Summary, plus all applicable taxes.

Additional fees may apply in particular circumstances. These fees, and the circumstances in which they apply, are set out in the table below. You agree to pay any such additional fees if they apply, plus all applicable taxes.

All Fees are specified in Canadian dollars.

You can access a copy of your monthly bill, as well as information regarding your usage, charges and other fees through MyXplore.ca.
 

33. How will I be billed for Services?

You will be billed monthly in advance for your monthly recurring charges and in arrears for all other Fees. All charges and Fees will appear on your monthly invoice (also called a “bill”).

We will make your bill available to you via e-mail to the billing e-mail address associated with your account. It is your responsibility to check the applicable e-mail account on a regular basis for such invoices. You can also access your current bill through MyXplore.ca. We may bill you for a charge up to 6 months from the date the charge was incurred.
 

34. How can I pay my bill?

You are required to pay your bill for Services in full in Canadian dollars. You can pay your bill for Services to Xplore Fibre in any of the following ways:

• Set up Preauthorized Debit (PAD) to deduct from your bank account or Preauthorized Credit (PAC) to charge directly to your credit card, the total due on your bill each month by visiting MyXplore.ca
• Online by visiting MyXplore.ca to pay with VISA, MasterCard or American Express, or pay online through your financial institution
• By Phone by calling 1-866-841-6001 and speaking to a Customer Care representative
• Through any other payment method offered during the Commitment Period by Xplore Fibre that is described at support.xplore.ca/s/article/About-MyXplore?language=en_US

Please make sure to pay all amounts owing to Xplore Fibre by the due date on your bill. Please allow adequate time for your payment to reach us and to be processed by your financial institution.

If you have selected to set up automatic PAD or PAC payment, you authorize Xplore Fibre to charge the applicable Fees to the applicable bank account or credit card. The automatic billing will be made each month in advance for monthly recurring charges and in arrears for all other Fees. We are not responsible for any fees for overdrawn accounts, exceeding credit card limits, or similar expenses resulting from automatic billing.
 

35. What if I do not pay my bill on time?

You must pay all amounts set out in such invoices by no later than the payment due date set out in your invoice. If Xplore does not receive payment in full for all amounts owing on your bill by the due date, the unpaid amount will be subject to a late payment charge of 2.91% per month (which is the equivalent to 41.09% per year) (2.00% per month, compounded or 26.82% annually for Québec customers). Late payment charges are accrued on a daily basis and will be calculated and compounded monthly on the outstanding amount from the due date of the first bill on which it appears until the date we receive that amount in full.

For customers outside of Québec, Xplore may charge your account a fee plus applicable taxes if your payment is refused by your financial institution for insufficient funds. This charge is to offset costs incurred by Xplore.

Delinquent accounts and associated Services may be suspended or cancelled, if:

• the outstanding amount exceeds $50;
• any amount is more than 2 months overdue;
• you fail to provide or maintain a security deposit that we require you to provide; or
• you fail to comply with any deferred payment plan we have agreed to in writing with you

However, all Fees will continue to accrue until the account is paid or cancelled. You will be given written notice of any applicable reconnection charges at the time the Services are suspended.
 

36. What if I have a concern about a Fee?

If you have questions regarding your account or your bill, you should contact our Customer Care Centre at 1-866-841-6001. You have 30 days from the bill date to dispute any Fee on your bill. All invoiced amounts are considered valid unless disputed within 30 days of the bill date. Adjustments will not be made for amounts that are more than 60 days old. After that time, you agree that all Fees on your bill are final and you can no longer dispute them.

37. How do I correct a payment error?

Please contact your financial institution to correct any payment made in error by you, including through electronic means (such as Internet, telephone banking or ATM).

38. How do discounts or promotions work?

Xplore Fibre may offer limited time discounts, incentives, and promotional offers (including for bundles with third-party services) from time to time to customers who subscribe to our Services. These may include free or discounted installation fees, reduced monthly service charges, or other promotional incentives. Promotional discounts set out in your Critical Information Summary will apply for the period indicated.

Xplore Fibre will apply any discounts, incentives or promotions to your account during the time these discounts, incentives or promotions remain in effect and you meet the applicable eligibility requirements (including, maintaining your Services without interruption). We may check your eligibility from time to time, and if you become ineligible to receive a discount, incentive, or promotion, we may remove it without prior notice.

Discounts, incentives, and promotions will not be applied retroactively and may take more than one billing cycle to be applied. Discounts, incentives, and promotions may not apply to partial billing periods.

Before you make changes to your Services (including bundled Services and features), review the restrictions and eligibility requirements, as certain changes may result in loss of, or changes to, credits or offers.

39. What if my billing information changes?

You must provide us with accurate and complete billing information including your legal name, address, telephone number, and credit card/billing information and report all changes to this information within 30 days of the change to Xplore Fibre via MyXplore.ca or the Xplore Fibre Customer Care Centre at 1-866-841-6001.

40. Is there a Trial Period for Internet Access Services?

Yes. Xplore Fibre provides you with a 30-day Money-Back Guarantee for its Internet Access Service, details of which can be found at www.xplore.ca/policies/terms-of-use/about-xplores-30-day-money-back-guarantee/. The 30-day Money-Back Guarantee applies exclusively to Internet Access Services and does not apply to TV Services, Home Phone Service, or any other Services. If you are dissatisfied with your Internet Access Service for any reason, you will receive a refund if you cancel your Service within 30 days of activation. To cancel your Internet Access Service, contact Xplore Fibre’s Customer Care Centre at 1-866-841-6001.

Provided you return all your Xplore Fibre Equipment to Xplore Fibre in good condition, no early cancellation fee will apply and we will refund the amounts you paid to Xplore Fibre towards the cost of the standard Xplore Fibre Equipment Installation and any amounts paid to Xplore Fibre for the first 30 days of Internet Access Service. Any costs charged for an enhanced installation or third-party equipment will not be eligible for a refund.

41. How do I cancel my Services?

Although we would be sorry to see you leave, you may cancel this Agreement at any time by calling the Xplore Fibre Customer Care Centre at 1-866-841-6001. Except during the Trial Period (see question 40 for more information about the Trial Period), all outstanding amounts owing, including any overdue amounts, as well as any applicable early cancellation fee (see question 46 for more information about early cancellation fees), will be payable in full upon cancellation.

If you wish to cancel the TV Services only (without cancelling your other Xplore Fibre Services), you may do so by contacting the Xplore Fibre Customer Care Centre at 1-866-841-6001. The cancellation of your TV Services will take effect on the day Xplore Fibre receives your request, and you will be required to return the Xplore TV Box within 30 days in accordance with questions 24 to 26. If applicable, rental fees for the Xplore TV Box will cease as of the cancellation date, and any fees paid in advance will be refunded on a pro-rated basis.

You may have other rights to cancel your Services that are provided by law. This Agreement does not limit those rights.

Xplore Fibre Equipment and the Xplore TV Box must be returned in good condition (reasonable and normal wear and tear excepted) within 30 days from the cancellation of your Services. See questions 24 to 26 for more information on the return of Xplore Fibre Equipment and Xplore TV Box.

Access to myxplore.ca will be discontinued after you cancel your service.

42. Can I temporarily suspend my Services?

Yes. Please call the Xplore Fibre Customer Care Centre at 1-866-841-6001 to request a seasonal or other temporary suspension that is more than 4 weeks and less than 6 months. You will not be billed for the suspended Services while they are suspended. A monthly Fee (as set out in question 32) will be payable during each month that your Internet Access Services are temporarily suspended. The time that your Services are suspended will count against your Commitment Period for those Services. The end date of your Commitment Period will not be extended by the time your Services are suspended. Any time-limited promotions and discounts applicable to your suspended Services will not be extended by the time your Services are suspended. If you temporarily suspend your Xplore Fibre Services that include TV Services, please note that access to the TV Services will also be suspended during the suspension period. TV Services cannot be suspended independently from your Internet Services. 

43. Can Xplore Fibre suspend or disconnect my Services with notice?

To the extent permitted by applicable law, Xplore Fibre can cancel any Service or this Agreement upon a minimum of 30 days (60 days in Québec, and Newfoundland and Labrador) prior written notice to you, including where Xplore Fibre ceases to offer a Service to which you subscribe.

Additionally, Xplore Fibre may suspend or disconnect any Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $50, or has been past due for more than two months; (b) you fail to maintain any security deposit we require; (c) you have previously agreed to a deferred payment plan with Xplore Fibre and you fail to comply with its terms; or (d) Xplore Fibre reasonably believes there has been a violation of this Agreement or any applicable law, regulation, order or policy.

You will be provided with a minimum of 14 days’ notice prior to any suspension or disconnection in these circumstances, and that notice will let you know (i) the reason for the suspension or disconnection and the amount owing, if any; (ii) the scheduled suspension or disconnection date; (iii) information on the availability (or not) of deferred payment plans; (iv) the amount of the reconnection charge (if applicable); and (v) contact information for an Xplore Fibre representative who can speak with you about the suspension or disconnection. Xplore Fibre will attempt to notify you at least 24 hours in advance of your scheduled suspension or disconnection unless repeated attempts to contact you have failed. Suspension or disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case suspension or disconnection may not occur after noon) in your province or territory of residence.

If your Services are suspended or disconnected, you will not be able to access or use the Xplore TV Box during the period of suspension or following disconnection. This includes any third-party applications or services that you may have provisioned or installed on the Xplore TV Box.

44. Can Xplore Fibre suspend or disconnect my Services without notice?

Xplore Fibre can without notice and for cause, suspend, cancel or refuse to provide the Services, or any part of the Services, to you. Cause includes where: (a) Xplore Fibre reasonably believes that such action is required to protect the network from harm; (b) Xplore Fibre has a reasonable suspicion that fraud has occurred or is likely to occur; or (c) a pre-set spending limit that you have requested or been made aware of is reached. Xplore Fibre may also suspend or disconnect Services without notice where it is required by law to do so.

If your Xplore Fibre account is suspended for any reason (including non-payment), your access to the TV Services is also suspended. During any period of account suspension, you are prohibited from accessing or using the Xplore TV Box, and you are also prohibited from accessing any third-party applications that have been downloaded to the Xplore TV Box.

45. Can Xplore Fibre cease to provide an existing Service?

Xplore Fibre may discontinue a Service in the event that the underlying telecommunications facilities used to provide the Service including, where applicable, any satellite or terrestrial technology, reaches the end of its useful life, fails in whole or in part, or otherwise becomes unavailable or unusable, or Xplore otherwise becomes unable to continue to provide the Service for any reason outside of Xplore’s control. Xplore will make reasonable efforts to: (i) provide at least 60 days’ advance notice to affected customers (or, where Xplore is unable to provide 60 days’ notice, as much notice as it can reasonably provide in the circumstances) and; (ii) assist the affected customers in migrating to an alternative Service for the balance of their applicable Commitment Period. However, in the event that you choose not to accept a replacement Service or no replacement Service is available at your service location (for example, because of a change in the geographic coverage area), your sole remedy and Xplore’s sole responsibility will be to terminate this Agreement without any applicable early cancellation fee.

46. Will I be charged a cancellation fee if Xplore Fibre disconnects my Service?

If Xplore Fibre cancels your Services for any reason, all outstanding amounts owing, including any overdue amounts will be payable in full. This may include the Replacement Cost of any Xplore Fibre Equipment or any Xplore TV Box that is not returned in good condition, as described above in question 32. However no other cancellation fee will apply, unless Xplore Fibre terminates your service for non-payment.

47. Will I be charged a cancellation fee if I cancel my Service?

Except where the 30-Day Money-Back Guarantee applies, if you wish to terminate your Services at any time, including prior to the expiration of the Commitment Period set out on your Critical Information Summary,  you must pay all  unpaid amounts owing to us at the time of the cancellation (including, as applicable, any unpaid amounts from previous bills or fees for optional services) .  Fees for removal of Xplore Fibre Equipment may apply. 

48. What if I have a credit balance on my final bill?

If an account has a positive balance of greater than $5 at the time of the final bill, Xplore Fibre will refund the amount of the balance to you within 90 days of the date of that bill.

49. Does any part of this Agreement continue after cancellation or termination of my Services?

Rights and obligations which by their nature continue beyond termination will continue to survive and remain in effect after the Services and this Agreement have been cancelled, including, but not limited to, questions 24 to 26 (Equipment Returns), questions 32 to 39 (Billing & Payment), questions 50 to 55 (Disclaimer & Limitation of Liability) and this question 49.

50. How does Xplore Fibre limit its liability?

To the extent permitted by applicable law, and subject to the exclusions of liability described below in question 51, Xplore Fibre’s aggregate liability for any and all claims including liability for breach of contract, tort, negligence or other causes of action, arising from or relating to this Agreement (including the Policies), the Xplore Fibre Equipment, the Xplore TV Box, or the Services, including fundamental breach, is limited to actual damages to a maximum amount of the greater of $250 or the Fees paid by you to Xplore Fibre for your most recent bill. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by Xplore Fibre’s gross negligence.

51. Are there any circumstances when Xplore Fibre has no liability at all?

The Services and Xplore Fibre Equipment and Xplore TV Box are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Xplore Fibre makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, or those arising under statute or by custom, usage or trade, with respect to any Services including that (i) communications will be private or secure, (ii) the Services will be uninterrupted, error-free, or free of viruses or other harmful components, (iii) any data or files transmitted by or to you will be transmitted in uncorrupted form or within a reasonable period of time, and all such terms including any of which are collateral, are hereby disclaimed.

Xplore Fibre is not liable for any indirect, special, consequential, incidental, economic, exemplary or punitive damages, loss of business, loss of profit, loss of revenue, loss of data, costs of cover, or loss of goodwill, whatsoever or however caused.

Without limiting the foregoing, Xplore Fibre is not responsible for and disclaims liability for any claims, damages, losses or expenses arising out of, directly or indirectly, or otherwise relating to the Services, including but not limited to: (i) the content, quality, availability, accuracy, or suitability of any television programming or content provided through the TV Services; (ii) any interruption, suspension, or discontinuation of any television programming, channel, or content by the IPTV Service Provider; (iii) any changes to the channel lineup, programming schedule, or content offerings made by the IPTV Service Provider; (iv) any acts, omissions, or conduct of the IPTV Service Provider; or (v) any failure by the IPTV Service Provider to perform its obligations under the IPTV Service Provider’s terms of use. Your sole recourse for any claims related to the TV Services is against the IPTV Service Provider in accordance with the IPTV Service Provider’s terms of use.

Xplore Fibre is not responsible for and disclaims liability for any claims, damages, losses or expenses arising out of, directly or indirectly, or otherwise relating to: (A) the Xplore Fibre Equipment, Xplore TV Box or the use, operation, non-operation, ownership or maintenance of the Xplore Fibre Equipment or Xplore TV Box; (B) the unavailability of any Services (including any Service outage or disruption), even where such unavailability occurs after activation of the Services; (C) your reliance on or use of the Xplore Fibre Equipment, the Xplore TV Box or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Xplore Fibre Equipment or Services; (D) the unlawful use of the Xplore Fibre Equipment, the Xplore TV Box or Services by you or a third party; (E) distribution of any content by you or any third party; (F) third parties accessing your devices, security breaches, cyber-attacks, malware, or ransomware, eavesdropping, denial of service attacks, interception of traffic sent or received using the Services; or (G) Xplore Fibre’s failure to meet its obligations due to causes beyond its reasonable control, including (i) war, terrorism, civil insurrection, riots, or imposition of martial law, (ii) pandemics, quarantines or other public health events, (iii) work stoppages, labour disputes or strikes (including those involving us, our affiliates and other telecommunications carriers); (iv) law, order, regulation or direction of any government; (v) failure of the public power grid; (vi) the act or omission of a telecommunications carrier whose network is used in establishing connection to provide the Services; (vii) acts of nature, severe weather conditions, storms, fire, flood, rainstorms, or anomalies in space; (viii) loss of, damage to, or disruption (including changes to capacity or geographical coverage) of any telecommunications facilities, including the facilities of a telecommunications carrier whose network is used in establishing connection to provide the Services; or (ix) other force majeure events.

52. Am I responsible for claims arising from my use of the Services?

Yes. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Xplore Fibre, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any and all claims, demands, actions, damages, losses, costs, charges, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services, the Xplore Fibre Equipment, or the Xplore TV Box; (b) your content or any content you transmit, distribute, or make available using the Services; (c) your breach of this Agreement or any applicable law; (d) your violation or infringement of any intellectual property, privacy, or other right of any third party; or (e) the use of the Services by any person you allow to use the Services or who accesses the Services through your account. This indemnification obligation will survive the termination or cancellation of this Agreement.

53. Can this Agreement be transferred or assigned?

This Agreement is personal to you and you cannot sell, transfer, assign or sublease this Agreement. We may sell, assign or transfer this Agreement. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now.

54. What happens if the Agreement or parts of the Agreement become unenforceable or do not apply?

If any part of this Agreement becomes prohibited or unenforceable, the remaining parts will continue to apply to you and Xplore Fibre. If we do not enforce any part of this Agreement for any period of time, that part still remains valid and Xplore Fibre can enforce it in the future.

55. Does this Agreement represent the complete agreement between us?

Yes. This Agreement, together with the Critical Information Summary, the Policies, and any other documents expressly incorporated by reference, constitutes the entire agreement between you and Xplore Fibre with respect to the Services and supersedes all prior or contemporaneous oral or written communications, proposals, representations, and agreements with respect to the Services. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change, or restrict, the express terms of this Agreement.

56. What laws apply to this Agreement and where will disputes be resolved?

Telecommunications are federally regulated. This Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission’s Internet Code, and any provincial laws (or portions thereof) which may apply to Xplore Fibre or the Services in the province in which your Services are primarily provided. To the extent not precluded by applicable law, you agree that no dispute between you and Xplore Fibre, or involving any person but you, may be joined or combined together, without the prior written consent of Xplore Fibre, including in any class proceedings.

The foregoing waiver of combined or class proceedings applies to the maximum extent permitted by applicable law in your province or territory of residence. Nothing in this Agreement limits any rights that cannot be waived or limited under applicable consumer protection legislation.

57. Is this Agreement available in French?

You are receiving this Agreement in English because you requested a copy in English. If you require a copy in French, please let us know.

Vous avez demandé que cette entente ainsi que tous les documents en faisant partie soient rédigés dans la langue anglaise mais si vous souhaitez que votre entente soit en français, veuillez communiquer avec nous.

58. What if I have a concern that Xplore Fibre has not resolved?

Please call the Xplore Fibre Customer Care Centre at 1-866-841-6001 if you have concerns about your Services. However, if you have a concern that Xplore Fibre has not resolved to your satisfaction, you can contact the Commission for Complaints for Telecom-television Services (CCTS): P.O. Box 56067 – Minto Place RO, Ottawa, ON, K1R 7Z1. Toll-free: 1-888-221-1687. TTY: 1-877-782-2384. Fax: 1-877-782-2924. Email: [email protected] . CCTS website: www.ccts-cprst.ca.