Calgary, AB T2L 2K7
Statement of Cancellation Rights
The following are your cancellation rights under Alberta’s consumer protection legislation.
Buyer’s Right to Cancel
You may cancel this contract from the day you enter the contract until 10 days after you agree to the contract, without reason.
If you do not receive the goods or services within 30 days of the date the contract is agreed to, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after 30 days. There are other grounds for extended cancellation. More information can be found in Alberta’s Consumer Protection Act.
If you cancel this contract, the seller has 15 days to refund your money and any trade‑in, or the cash value of the trade‑in. You must then return the goods. The installation fee is nonrefundable.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, or email.
Under the CRTC Internet Code, you have 15 days, from the first date on which the service is provided to you, to cancel this contract.
PRODUCT ORDER TERMS AND CONDITIONS
The Customer agrees to the following terms and conditions as part of the Product Order Application. These Product Order Terms together with the Product Order Application are referred to as this “Agreement” or the “Product Order”.
1. Price and Payment
The Customer (being the person or entity whose information is supplied in the Product Order Application) agrees to pay the connection fees (if any), monthly recurring fees, and any other fees and charges related to the Product Offering (including any changes or termination of the Product Offering) identified by Tether Communications Inc. (“Tether”) from time to time, plus applicable taxes. “Product Offering” refers to the Services for the Offer Term ordered by the Customer as indicated in the Product Order Application. The Customer’s credit card will be charged monthly in advance for all recurring charges commencing on the Activation Date (as defined below) and on the same date each month thereafter for the remainder of the Offer Term. Charges will appear on the Customer’s monthly statement as payable to Tether Communications Ltd. Any other fees and charges that may become payable from time to time will be charged on terms to the Customer. An invoice for any such charges will be issued to the Customer. The Customer authorizes Tether and any third party that processes payments on Tether’s behalf to use and retain the credit card and payment information provided in this Product Order for any outstanding balances. The Customer is responsible for making any change in credit card information by accessing their My Tether Account at my.tetheralberta.com. If Tether is unable to charge the credit card after 15 days past the payment date, Tether will terminate the Product Offering. This termination does not release the Customer responsibility to pay the fees for the Product Offering or a Early Termination Fee, if applicable.
2. Initial Term
This Agreement is effective when accepted by both the Customer and Tether. The Offer Term will begin on the date that the Services are installed at the Service Location set out in the Product Order Application (the “Activation Date”) and will remain in force for the period selected in the Product Order Application.
3. Renewal, Changes to Services and Termination
Renewal: Unless the Customer elects to enter into a new agreement, terminate, or otherwise change their services at the expiry of the Offer Term, this Product Offering will continue automatically on a month-to-month basis; the then-current month-to-month fees and Service Order Terms will apply.
Changes: The Customer may change their level of Product Offering at any point in their Offer Term by accessing their My Tether Account at my.tetheralberta.com. By submitting a request for a change, you are ordering a new Product Offering (the “New Subscription”) and terminating the former Product Offering (the “Old Plan”). Termination of the Old Plan will take effect as of the Activation Date for the New Subscription. In this instance, the Early Termination Fee set out below will not apply. Activation of a New Subscription enrols the Customer into a new Offer Term, which must be the same period, or longer, as the Old Plan’s Offer Term. The new Offer Term will be specified in the New Subscription.
Moves: A request for a customer relocation or move, within an Tether coverage zone, can be made at any time by calling Tether Customer Service at 1-844-905-0699. By submitting a request for a move, you are ordering a New Subscription for your new location and terminating the Old Plan. Termination of the Old Plan will take effect as of the Activation Date for the New Subscription. In this instance, the Early Termination Fee set out below will not apply. However, the Customer will be charged an activation fee for the New Subscription. Activation of a New Subscription enrols the Customer into a new Offer Term as defined in the New Subscription. Please note that if Tether is unable to provide services at the new location, the request will be treated as a cancellation, as described below.
Trial Period: The Customer may choose to cancel this Product Offering any time prior to or within the first fifteen (15) calendar days beginning on and including the Activation Date (the “Trial Period”), without any penalty or fee, by calling Tether Customer Service at 1-844-905-0699. If the Customer self-identifies as a person with a disability, the Trial Period shall be extended to thirty (30) days, beginning on, and including the Activation Date. If requested by Tether, the Customer must return any Equipment (defined below) provided by Tether in like-new condition in order to cancel Product Offering within the Trial Period.
Early Termination: An Early Termination Fee (as set out below) will apply when a request for the early termination of the Product Offering is submitted by Customer outside of the Trial Period. Tether will stop billing for Services on the day on which the cancellation request is received. Tether will disconnect the Services within 5 business days of the request for cancellation. For clarity, cancellation during a month-to-month term will not result in a Early Termination Fee but the same notice and disconnection timelines apply. The Customer is responsible for returning the Equipment (defined below) to Tether when the service is cancelled. THE CUSTOMER AGREES TO PAY TETHER ALL FEES DUE FOR THE PRODUCT OFFERING UNTIL THE DATE OF TERMINATION.
Contract Termination Fee: The Customer agrees to pay a Contract Termination Fee equal to 100% of the remaining monthly recurring charges from the date of termination to the end of the Initial Term, up to a maximum of 24 months. Each month of the Offer Term the Early Termination Fee will decrease by the amount indicated in the chart below, such that the Early Termination Fee is reduced to $0 by the end of the Offer Term. The customer acknowledges that this Early Termination Fee is to compensate Tether for costs incurred as a result of early termination and is not a penalty.
Termination: In the event that either the Customer or Tether breaches this Agreement, the other can terminate this Agreement and the Product Offering by providing written notice of its intention to terminate. Where Tether has breached this Agreement, it shall have the opportunity to rectify the breach within 90 days of confirmed receipt of notice of the breach from the Customer. For clarity, confirmed notice is any acknowledgement by Tether of a Customer complaint of a breach. If Tether does not rectify the breach within this time period, this Agreement and Product Offering shall be terminated at no penalty or Early Termination Fee to the Customer.
If either the Customer or Tether goes into bankruptcy, receivership, or similar proceeding, the other can terminate this agreement and the Product Offering with no penalty or Early Termination Fee by providing written notice of its desire to terminate.
Tether may elect to terminate this Agreement and the Product Offering by providing notice to the Customer equal to the lesser of six months or the remaining balance of the Service Term. Upon termination of the Product Offering, the Customer will pay Tether all amounts owing and will return any Equipment (defined below) to Tether in accordance with the instructions provided.
4. Customer-Provided Equipment
If Customer-provided equipment is used, connected to, or used in conjunction with the Services or the Equipment, the Customer–provided equipment must be compatible and must not cause interference with or disrupt the Services or cause the Equipment provided by Tether to operate outside its normal operating parameters. The Customer may not use the Services if interference occurs, and Tether may suspend the Services to the Customer until the interference is corrected. The customer will not receive any credit or refund for any suspension of the Services due to such interference. Ensuring compatibility or providing corrective or protective equipment is the Customer’s responsibility and must be done at the Customer’s expense. Any inspection or remedial work done by Tether at the Customer’s request will be at the Customer’s expense, charged at Tether’s then current technical service rates, which will be provided to Customer upon request.
5. Customer’s Obligations and Responsibilities
Tether Provided Equipment: Tether may provide the Customer with Equipment as part of this Product Order. Providing the Equipment to the Customer does not transfer any right of ownership in the Equipment whatsoever to the Customer. The Customer must not remove or deface any property mark or trademark affixed to the Equipment.
The Customer assumes all risks of loss, theft, damage, or destruction of the Equipment. The Customer undertakes to fully indemnify Tether for the full replacement value of the Equipment at the time of the loss, theft, damage, or destruction.
If requested by the Tether at the expiry or termination of this Agreement, the Customer agrees to return all Equipment to Tether (including parts and accessories) in the same condition as received, except for normal wear and tear. If a request for return is made, the Equipment must be received by Tether within 3 weeks of termination to avoid incurring charges for the cost of the Equipment. The cost of return shipping is the Customer’s responsibility.
Information: The Customer agrees to provide Tether with accurate and complete information about themselves and their business (as applicable), including credit card information, that is required by Tether for the provision of the Services and compliance with this Agreement. If information changes, the Customer must promptly update the information in My Tether Account at my.tetheralberta.com. Providing false or misleading information is a breach of this agreement and may result in Tether terminating the Product Offering. Tether reserves the right to decline to provide the Customer with the Services at its sole discretion.
Customer Premise: The Customer is responsible for ensuring that the Service Location (as identified in the Product Order Application) has internal wiring, power, cabling, and an environment sufficient for the Equipment Specifications. If Tether believes the Service Location is likely to cause hazard or service obstruction, the Customer agrees to eliminate this likelihood at Tether’s request, failing which Tether may decline to provide the Services or may terminate the Product Offering.
Customer Cooperation: Customer agrees to cooperate with Tether, respond to all reasonable requests for information and facilitate installation and delivery of this Product Offering. Customer agrees to comply with any restrictions on use of the Services, and with any use policies or instructions provided on the Tether website at www.tetheralberta.com.
Acceptable Use Policy: The Customer agrees to comply with Tether’s Acceptable Use Policy. Tether is committed to providing its users with quality services that lead to enjoyable and productive experiences. In an effort to ensure such experiences are achieved, Tether has implemented its Acceptable Use Policy. The Acceptable Use Policy is available on the Tether website at: www.tetheralberta.com.
6. Equipment Identification Numbers
Equipment that receives or accesses the Services may be assigned a unique identification number. The Customer must not reproduce, modify, alter, change or tamper with the electronic serial number or other identification number assigned to any of the Equipment, and must not allow any other person to do so. The Customer has no property right in the identification numbers and Tether may change the numbers at any time without notice, without any liability to the Customer whatsoever.
7. Availability of the Service
The Services may be provided through facilities operated by Tether, through third parties, or through a combination of providers. Tether does not warrant uninterrupted operation of any part of the Services or Equipment.
Full speeds may not be available at all times due to factors such as network usage, the construction materials of your home, location and configuration of your modem, location and capabilities of connected devices, number of nearby networks, number of active connected devices or other factors.
In the event that any part of the network becomes non-operational, the Services may be temporarily interrupted. In no event will Tether be liable for any damages, losses or liabilities caused to or incurred by the Customer, directly or indirectly, as a result of such an interruption, outage or termination. The Customer acknowledges that they will not be entitled to any service credits or to any other kind of compensation or remedy in the event of any interruption, outage, or termination of the Services.
The Customer also acknowledges that Tether does not control and is not liable for any content transmitted by the Customer or any other person using the Services or the network. Tether does not warrant or guarantee the security, accuracy, destination, availability or any other aspect of information transmitted.
Tether’s Customer Service department can be contacted in the following ways:
- By phone: 1-844-905-0699
- Online: tetheralberta.com
Any legal notices must be sent to:
- Tether Communications Ltd.
- 290 – 3553 31 St NW
- Calgary, AB T2L 2K7
While Tether strives to resolve any complaint quickly and completely, if this has not been achieved, the Commission for Complaints for Telecom-Television Services can be contacted at:
- Online: ccts-cprst.ca
- Phone: 1-888-221-1687
- TTY: 1-877-782-2384
- Email: [email protected]
- Fax: 1-877-782-2924
- Mail: P.O. Box 56067 – Minto Place RO, Ottawa, ON K1R 7Z1
9. Emergencies, Communications Privacy, and Content
Tether does not warrant the privacy or security of any communication relying in whole or in part on the use of the Services or Equipment. Messages sent or received may be subject to unauthorized third-party interception and review.
The Customer acknowledges that: (a) Tether is not responsible for the content, availability, delivery, or accuracy of any information, email, data, files, pictures, or content accessible or made available using the Services; and (b) some content, products or services available on the Internet may be offensive, or may not comply with laws, and the Customer assumes total responsibility and risk for access to or use of such content, products and services by it or any third party.
The Customer consents to Tether’s disclosure of Customer information to government emergency service providers or law enforcement agencies where Tether deems, in its sole discretion, that the disclosure is necessary to respond to a circumstance requiring immediate action, or where disclosure is required by law.
The Customer authorizes Tether to collect, use, transmit, process and store information relating to themselves, and their business (as applicable) as described in the most current version of the Tether Privacy Statement found on the Tether website at www.tetheralberta.com.
Tether does not represent or warrant that the Services or Equipment will be capable of achieving any specific results in the Customer’s activities. All express or implied warranties, including but not limited to warranties as to non-infringement of intellectual property rights, third party rights, title, latent defects, uninterrupted service, freedom from computer viruses, suitability for any particular use, including warranties or conditions of merchantability or fitness for any purpose or use, whether express or implied under any legal theory are expressly excluded and disclaimed.
11. Changes to these Terms
Tether may make changes to this Agreement from time to time. However, in accordance with the CRTC Internet Code, Tether will not make changes to the Key Contract Terms, including price and services, during the Offer Term without the Customer’s informed and express consent unless the changes clearly benefit Customer, such as reducing rates for services or increasing services provided for the same price. Tether may make changes to other terms of this Agreement with at least 30 calendar days’ notice before the changes take effect.
12. No Warranties
THE CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCT OFFERING IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TETHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TETHER MAKES NO WARRANTY OR CONDITION THAT THIS PRODUCT OFFERING WILL MEET OF THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. TETHER WILL MAKE ALL REASONABLE ATTEMPTS TO ENSURE CUSTOMER’S ACCESS AND USE OF THIS PRODUCT OFFERING IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS BUT TETHER DOES NOT REPRESENT OR WARRANT SUCH.
13. Disclaimer of Certain Damages
UNDER NO CIRCUMSTANCES WILL TETHER (INCLUDING TETHER’S SUPPLIERS, CONTRACTORS, OR LICENSORS) BE LIABLE: FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES; FOR LOSS OF PROFITS OR ANTICIPATED SAVINGS; OR FOR LOSS OR CORRUPTION OF DATA, EVEN IF TETHER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
14. Limitation of Liability and Exclusive Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TETHER’S (INCLUDING TETHER’S SUPPLIERS, CONTRACTORS AND LICENSORS) MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THIS PRODUCT OFFERING WILL BE TO RECOVER THE ACTUAL AMOUNT OF DAMAGES THE CUSTOMER INCURS UP TO THE AMOUNT THE CUSTOMER HAS PAID, IF ANY, TO TETHER FOR THIS PRODUCT OFFERING IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR, IF THE CUSTOMER HASN’T PAID ANY AMOUNT TO TETHER IN THOSE SIX (6) MONTHS, FIVE DOLLARS (CAD$5.00).
15. Application of Limitations of Liability
Each of the limitations of liability in Sections 13 and 14 apply for all causes of action including (a) breach of contract, (b) breach of warranty, (c) tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply, and the Customer may have additional rights to those contained herein.
The Customer agrees to indemnify Tether (including Tether’s directors, officers, employees, agents, suppliers and contractors) harmless from and against any and all costs, liabilities, losses and expenses (including, but not limited to, reasonable legal fees and expenses) resulting from any claim, suit, action, or proceeding brought against Tether by third parties arising from the Customer’s use, or implementation activities of the Product Offering.
Governing Law. This agreement is governed by the laws of the Province of Alberta and applicable laws of Canada. Customer attorns to the exclusive jurisdiction of the courts of Alberta located in Calgary, Alberta with respect to any claims arising out of or in connection with this Agreement or the Services.
Severability. If a court determines that part of this agreement is invalid, the rest of the provisions are still applicable. If any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable.
Assignment. The Customer may not assign, transfer or sub-license this agreement or this Product Offering. Tether may assign this agreement at any time.
Performance of Obligations. Tether may perform obligations through the use of affiliates, subcontractors, suppliers or agents but Tether will remain liable to the Customer.
No Waivers. If Tether fails to act with respect to a breach by the Customer or others, this is not an indication of a waiver of any rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Tether if it is in a written document signed by Tether.
Entire Agreement. This agreement (including any incorporated terms) constitutes the entire agreement between Tether and the Customer with respect to this Product Offering.
Survival. After termination of this agreement, the following provisions will survive: 1, 3, 5, 9, 10, 12, 13, 14, 15, 16 and 17.
Firewall. The Services and Equipment do not provide firewall protection against unauthorized access to the Customer’s equipment or protection against computer viruses, worms, or other hazards. Tether does not warrant that the Services or Equipment is free from risk of contamination by computer viruses at any time or from any source.
IP Addresses. The Customer has no rights to any IP addresses supplied to the Customer, and either Tether or Tether’s Internet service provider may change any IP address at any time without notice.
Use of Services. The Customer will not, and must not allow or facilitate others to, send or distribute illegal, actionable, offensive, or disruptive material, including but not limited to unsolicited email messages or “spam”; abuse email or news group servers; send information or software which contains a virus, worm, or other harmful or disruptive component; distribute or provide unauthorized access to material which is confidential or protected by copyright or other intellectual property rights; or use another site’s mail server to relay mail (unless it is furnished through Tether).
Additional Information. Information on the following can be found on Tether’s website at www.tetheralberta.com:
- Rates for optional services;
- Rates for pay-per-use services.
- Equipment manufacturer’s warranty; and
- Tools to help manage billing and usage.
Internet Code. The Canadian Radio-television and Telecommunications Commission (CRTC) has established an Internet Code to govern conduct of internet service providers. Further information on the Internet Code can be found at https://crtc.gc.ca/eng/internet/code.htm.