Terms and conditions
Ebox Inc. (” EBOX “)
Acceptable Use Policy (“AUP”)
Service Agreement (SA)
Warning: In case of dispute, the French version of this convention prevails.
EBOX’s goal is to provide high-quality service to our customers while protecting their privacy and security. We have established our Acceptable Use Policy (“AUP”) to prevent unacceptable uses of our services and equipment and to ensure that we are able to provide the level and quality of services our customers expect.
The AUP and the SA apply to all EBOX customers
“The Customer” means any organization, individual, company, or other entity and their agent or affiliate, to which EBOX (directly or indirectly) provides services (EBOX Services).
This Agreement and all EBOX documents or policies referenced therein constitute the entire agreement between EBOX and you in relation to the subject matter and supersede any previous agreement and statement, written or oral, in relation to the subject matter.
The failure of EBOX to insist upon or strictly enforce performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Agreement conflicts with an applicable tariff, the tariff shall supersede this Agreement only with respect to the conflicting provision.
This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec, Canada. For commercial services only, the Parties agree to elect domicile in the judicial district of Montreal, Quebec, Canada, for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effects of this Agreement. EBOX may assign its rights and obligations under this Agreement without your prior written consent.
“The EBOX services” includes any EBOX installation, any equipment before the demarcation point or point of service of EBOX, any equipment owned or provided by EBOX, any service provided by EBOX or determined by EBOX and any service which is the subject of an agreement between EBOX and the customer and, regardless of whether the user of the EBOX services has a contract with EBOX.
TELEPHONY TERMS AND CONDITIONS
Long distance calls are charged according to the rates in the call simulator. All clients must use the simulator to validate the long distance call rate per minute before dialling a number. To verify whether a call is billable or not in your package, you must use the call simulator available in the digital telephony portal. You can obtain your user code for the simulator by contacting Customer Service.
A customer who dials a number without previously verifying the rates is deemed to be aware of the fees and to accept the ensuing charges.
Long distance charges are calculated per minute according to the published rate. A minimum $ 2.00 per toll will be charged to the customer (if the customer is not part of long distance plan) as a “network connection fee”. This minimum fee is applicable for both customers who don’t have a long distance plan and those who have one who makes calls that are not included in the plan. For instance, a customer making a two-minutes long-distance at 6 cents per minute will be billed $ 2.00. Likewise, a customer making a 35 minutes call at the same rate, will receive an invoice of $ 2.10
Premium long distance
A premium long distance system is available to all customers of the Telephony service. This premium system guarantees superior audio quality for calls overseas as well as a priority connection with the destination compared to regular long distance. The premium pricing is higher than regular rates. Customers wishing to take advantage of the premium long distance overseas system should dial 0011 + country code instead of 011 + country code. Long distance calls are charged according to the rates in the Call Simulator.
9-1-1 SpeedPhone service limitations
Please read this document carefully before activating, installing or using the SpeedPhone Service.
EBOX’s VoIP 9-1-1 service is available, whether you use VoIP service at home or elsewhere in Canada. However, there are significant differences between the VoIP 9-1-1 EBOX service and that of a traditional phone line. These differences are listed below.
When using the VoIP 9-1-1 EBOX service, you must follow these steps:
E911 service vs. basic 911 service: When you make a call to emergency services with E911 (Enhanced 9-1-1 Service), your phone number and address will automatically be forwarded to the operator during the call. These two automated features (phone number and address) improve and differentiate the E911 service from the basic 911 service.
With the basic 911 service (B911), your phone number and address will not be automatically transmitted to the operator responsible for redirecting your call to the right emergency services (emergency medical service support, police or fire). The operator of the emergency service will first determine the needs of the caller based on the pertinent information obtained verbally, including the location. With this information, the operator will then determine the appropriate emergency services required and transfer the call accordingly.
EBOX provides a basic 911 service.
WARNING: In the event of a power failure or with the loss, for any reason, of network or Internet connectivity, you must use a traditional phone to make your emergency call.
(1 877 282-6933). Address changes will take effect as soon as the signed and submitted 911 Form, included with the VoIP Service Form, has been processed. At this point, the new address will be transmitted and used to automatically identify you to a 9-1-1 operator. Note that the processing of a change of address can take up to two business days.
For any other questions regarding your VoIP 9-1-1 service please contact the EBOX Customer Service by calling 1 877 282-6933 from any phone.
INTERNET TRAFFIC MANAGEMENT PRACTICES
(i) The V-Cable package 120/20 (Download up to 120 Mbps, Upload up to 20 Mbps) and 200/30 (Download up to 200 Mbps, Upload up to 30 Mbps) is subject to traffic management measures only for uploading (i.e. the sending of traffic from the user to the Internet), only on the following access tiers (the Managed Tiers) and only under certain conditions (see below):
(ii) EBOX is dedicated to providing the best online experience to the greatest possible number of users and does not control access traffic. This bandwidth management is operated by our providers as per our TPIA agreement given the high upload speed of these types of access. These traffic management measures are used to ensure the best quality of service to the greater number of users.
(iii) The traffic management carried out by our providers does not target any particular type of traffic, nor any specific applications or protocols such as peer-to-peer file sharing. Only the uploading of data on the Managed Tiers is subject to traffic management. There is no management of download traffic.
(iv) Every 15 minutes, a system checks the usage rate for each upload channel (each upload channel typically serves a few dozen modems). If the usage rate has reached a threshold beyond which congestion is imminent, the system identifies the Managed Tier modems on that channel that have uploaded a statistically significant amount of data. Uploading from those modems is then momentarily given lower priority. Depending on the severity and duration of the congestion, uploading speed may be slowed for these modems. When the amount of data uploaded by the modem is diminished or the transmission of data goes back to a rate that does not cause congestion, uploading will return to its usual priority. Even when they do not have priority, the Managed Tier modems can use up all the upload bandwidth not occupied by other modems, up to their nominal service speed. The above measures are applicable at all times.
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
EBOX Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable law or regulation.
EBOX Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other system of EBOX or others.
EBOX may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.
EBOX Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of EBOX Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of EBOX or others.
EBOX reserves the right to prohibit activities that violate this AUP or may damage its reputation.
EBOX will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. EBOX may at all times monitor its performance of EBOX Services electronically to determine if its facilities are operating satisfactorily. EBOX may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect EBOX and others from harm or (iii) where such disclosure is necessary to the proper operation of EBOX’s facilities. EBOX is not obliging itself to Customer to inform the Customer that Customer’s information has been disclosed or will be disclosed and in some cases may be prohibited by law from so informing.The Customer acknowledges that EBOX is unable to exercise control over the content of the information passing through its facilities or carried as a result of performing EBOX Services and is therefore not responsible for that content.
Violation of this AUP (direct or indirect, including by a third party) entitles EBOX to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate EBOX Services, or take any other appropriate action, as determined by EBOX in its sole discretion, in addition to any remedies provided by any agreement to provide EBOX Services. EBOX may give notice of violations but EBOX reserves the right to act without notice when necessary, as determined by EBOX in its sole discretion. Nothing in this AUP is to be construed to limit EBOX actions or remedies in any way with respect to any of the foregoing activities, and EBOX reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from EBOX Services, and charging to cover EBOX costs in the event of disconnection of dedicated access or like situation. EBOX may co-operate with other service providers to discourage and resist abuses of acceptable use policies. EBOX reserves the right to take corrective action upon notification to EBOX of unacceptable use on other networks. EBOX Services may be used to link to other networks worldwide and you agree to conform to the acceptable use policies of these networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect EBOX or any other network or network-based equipment, or which may adversely affect EBOX ability to provide services.
You will indemnify and hold EBOX harmless from any claim brought by third parties relating to Customer’s use of EBOX Services. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify EBOX of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to EBOX Services. Failure to do so gives EBOX the right to defend such claims at your sole cost.
It is the duty of the customer to contact us by phone or email to notify us of any changes to its service. The lease / purchase of the modem is not refundable. The Internet service payment is non-refundable.
The customer who wants to modify his services must call us before the 7th of the month in order for changes to apply on the next billing cycle (generally next month).
When changing place of residence, the customer is responsible to contact EBOX before the moving date in order to update the address and account information. Standard delays of installation apply.
A BREACH OF A FIXED-TERM CONTRACT/ TERMINATION
If you choose a fixed-term contract, it shall take effect on the date of the activation of your first service. In the event of a contract termination, the customer will have to pay Ebox compensatory damages to a maximum equal to the lesser of the following amounts:
For example, with a subscription of $ 50 / month (including modem) and 8 months left to the contract, the maximum penalty would be $ 40, since it corresponds to 10% of (8 X $ 50 = $ 400).
LEASE CONDITIONS/ PURCHASE OF EQUIPMENT
Lease: All leased equipment is owned by EBOX. Any and all damage done to the leased equipment is the responsibility of the customer. Leased equipment must be returned in its original packaging, in good condition and in original functioning order. Otherwise, the customer may be liable to pay the cost of replacing the leased equipment.
All leased equipment must be returned within twenty (20) days after the cancellation date. Otherwise, the customer may be liable to pay the cost of replacing the leased equipment.
In the event of a technical malfunction, all equipment must be returned to EBOX. where it will be forwarded to the manufacturer for repair. The customer must return the equipment and pay any shipping or any other cost (if applicable), to an Ebox Service Point. EBOX. will replace, free of charge and without any additional cost, defective equipment. EBOX will honour the manufacturer’s product warranty.
Purchase: All equipment purchased by the customer from EBOX. is the property of the client. Equipment purchased from EBOX. is non-refundable and cannot be returned except at the discretion of the company with prior authorization.
In the event of a technical malfunction, all equipment must be returned to EBOX. where it will be forwarded to the manufacturer for repair. The customer must return the equipment and pay any shipping or any other cost (if applicable), to an EBOX Service Point. EBOX. will replace, free of charge and without any additional cost, defective equipment. EBOX will honour the manufacturer’s product warranty.
Shipping : All equipment is shipped by courier without a signature required on delivery by default. On delivery of a shipment where an authorization signature is not required (OSNR), the driver can leave the shipment at the delivery address, unattended and without a signature as proof of delivery. The recipient of a shipment sent by the OSNR service is bound by the disclaimer of the courier company and EBOX. In this case, the shipment will be deemed to be kept for pick-up and it is understood that identification will be required.
A customer who does not buy a modem from EBOX at the time of the subscription is deemed to be using one’s own equipment. When a client uses their own equipment, the client is fully responsible for its operation on the network and its configuration, if necessary. The customer is responsible for verifying with EBOX if the model is approved on the network before ordering and paying his invoice. If the model is approved on the EBOX network but the equipment does not work with the service, the customer indemnifies EBOX from prosecution or costs resulting from the decision to use one’s own modem. This includes non-refundable connection fees and non-inventory modem fees. EBOX has the discretion to credit the non-inventory modem fees (if applicable) if the customer decides to purchase equipment from EBOX. Some limitations in firmware can prevent non inventory equipment from connecting to the network even if the model is approved. Some modems cannot be used on the network due to limitations in the inventory. If a model is approved, but the serial number is registered to an account with a competitor, it is possible that the modem cannot be transferred to the EBOX network. EBOX cannot be held responsible if using one’s own modem and the equipment does not work properly.
Modem transfer from one inventory to another: A customer who uses an approved model, but from the inventory of a competitor should expect a potential down-time when the modem is transferred from one network inventory to another. Service is deemed active at the date on which the service is connected by EBOX and not the date on which the non inventory modem is working. The Modem transfer period generally does not exceed 3 working days under normal circumstances to get a connection. However, if for technical reasons the modem transfer to inventory cannot be completed within 3 working days, the customer indemnifies EBOX costs arising from this service outage.
The Service is provided in accordance with the monthly rates, installation fees, activation fees, and any other fees, if applicable, identified to you upon placing your Service order or on our Website. Rates and fees do not include applicable taxes.
You agree to pay all fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of and/or changes to the Service through your Account in accordance with the rates and terms established by Your Service Provider for the Service or for which you are directed to review when using the Service. The monthly fee for the partial use of the service will be prorated, unless the service is cancelled. If you terminate your Subscription during the billing period, the calculation of the fees will not be prorated, and your Service will be cancelled at the end of the billing period.
Late payment charge of 2% compounded interest per month (26.82% per year), will be charged to EBOX’s clients and calculated on any amount remaining unpaid three weeks after the date of billing.
EBOX is a prepaid service, which means that the payment for a given period of service must be received, and not only sent, before the service period begins. For example, payment for the period of service from September 1st to 30th must be received no later than August 31st. If payment is not received on time, EBOX reserves the right to suspend services until payment is received for the total balance due. Note that the time period during which the services would be suspended for non-payment will not be accredited. It is the customer’s responsibility to send the payment in time to take advantage of these said services.
EBOX reserves the right to charge a $25 fee for a declined pre-authorized payment on a bank account. This fee is applied if a payment was refused for the following reasons:
MINIMUM SYSTEM REQUIREMENTs
It is your responsibility to ensure that your computer system meets the current minimum system requirements necessary to use the Service.
Minimum System Requirements :
Operating System :
98, ME, 2000, XP
Debian Kernel 2.2 or later
Processor : Pentium 166 MHz or equivalent
RAM : 32 MB, 128 MB for Windows XP
Hardware: CD-ROM 2x, Ethernet connection
Hard Disk: 200 MB free
98, ME, 2000, XP
Debian Kernel 2.4 or later
Processor : Pentium II – 300 MHz (equivalent) or faster
RAM : 64 MB, 128 MB for Windows XP
Hardware : CD-ROM 2x, Ethernet connection
Hard Disk : 350 MB free
The most recent Windows 2000 service pack must be installed.
A screen resolution of 800 x 600 and 16 bit colour is recommended. A telephone jack should be located close to your modem. The recommended distance is six feet or less between the modem and the phone jack.
Please note that EBOX cannot guarantee that the High speed Internet services will be compatible with all system configurations.
EBOX may suspend, restrict or terminate this Service Agreement, at any time without notice, if: a. any amount is past due from you to Your Service Provider; b. there has been or is any breach of any term or condition of this Service Agreement.
To report a suspected breach of this AUP, please contact firstname.lastname@example.org.
REVISIONS TO AUP AND SA
EBOX may amend this AUP and SA according to its services agreement(s) with you. Use of EBOX Services after due notification according to those services agreement(s), will constitute your acceptance of the amended AUP and SA.
If you have any questions regarding this AUP or SA, please contact email@example.com.
Regular price of $4,95 per month*. With minimum EBOX Internet package of 15Mbps**.
*Applies to full billing periods.
**May be subject to change.
An EBOX internet package is mandatory for the operation of the EBOX television service.
Services, conditions and rates shown may vary by region and are subject to change without notice. Individual channels can be added to all television packages. A subscription to a basic television package is required. Fees may apply for other content, taxes not included. Channel choices may vary by region***.
Taxes are not included, certain conditions apply.
The data used by your EBOX television package is deducted from the data capacity of your monthly Internet plan and is subject to over-usage fees. The data used for applications added to your « Box » is deducted from the data capacity of your monthly plan and is subject to over-usage fees. (See « Over-Usage » under the section « Billing and Payments ».)
Please take note that no application will close automatically. It is the Client’s responsibility to ensure that an application is properly closed when it is no longer in use. EBOX can equally not be held responsible for purchases made on any digital platform via the « Box ».
Individual channels excluded from the basic package may be changed at any time, by the account holder or his authorized representative. They must, however, be kept for a minimum of thirty (30) days.
HD and 4K:
HDTV is the minimum requirement to view HD content.
To benefit from the 4K Ultra HD, the original content must be broadcast in 4K. A suitable television and 4K Ultra HD content are therefore required. The amount of data used may vary depending on the quality of, and of the program being broadcast.
Termination of the service
Following the termination of the television service, the leased equipement (including, but not limited to, the power block) remain the property of EBOX and must be returned in operational condition within 20 days, The expenses incurred for returning the equipment will be at the cost of the client. Any equipment not returned will be billed at the current market price of $299.95 plus taxes each.
Last revised: Tuesday, June 19, 2018 at 8:40 pm