aDSL Modem Rental Agreement

This agreement is between You ("The Customer") and Spectrum Global Communications Inc. ("SGCI"):
This document constitutes the DSL High Speed Service Modem Rental Agreement ("Agreement"). SGCI agrees to rent The Customer the Equipment detailed on the Front of this Agreement.
Term. The Term is at least the number of months that The Customer is in possession of the Equipment.
Installation. The Customer is responsible for all costs incurred due to installation and maintenance of the Equipment. The Customer acknowledges that these actions may void any manufacturer's warranty on the computer or modem, and SGCI is in no way responsible for any damages or costs incurred by the installation and maintenance of the Equipment.
a) USB Modem - "Plug and Play", no technical expertise required. No charge self-installation. Requires one available USB port. Is not Win NT 4.0, or previous versions, compatible.
b) Internal Modem - Requires installation. Computer will need to be opened to install modem. This may void warranty. The Customer is responsible for all costs associated with installing the modem and warranty voidance.
c) External Modem - Requires an SGCI approved Network Card. Computer will need to be opened to install card. This may void warranty. The Customer is responsible for all costs associated with installing the card and warranty voidance.
Inspection & Delivery. The Customer shall examine the Equipment supplied under this agreement as soon as it is received and shall within 10 days thereafter to give notice to SGCI if there are any suspected defects in the equipment. If notice is not given, the Equipment shall be assumed to be functioning properly, and The Customer shall accept the Equipment. Upon completion of DSL service request, this agreement and receipt of same by SGCI, The Customer will be contacted to determine the appropriate equipment required. The appropriate equipment will be available for pickup at SGCI's head office or will be shipped via Canada Post to the postal depot closest to the Customer. The Customer will then be notified by mail and required to retrieve the Equipment from the postal depot.
Title & Security. Title to the Equipment will not be transferred to The Customer, and remains the property of SGCI, unless purchased from SGCI at the current market value. SGCI may file under applicable property security laws evidencing its security interest in the Equipment and the Agreement.
Entire Agreement. This Agreement is also subject to the Terms and Conditions of either the Residential or Commercial Internet Service. Only SGCI may change any of the terms or waive any or all of The Customer obligations.
Use & Location. Provided The Customer continues to satisfy all obligations under the Agreement, SGCI permits The Customer to have exclusive use of the Equipment. The Customer shall keep the Equipment in good working order and not remove the equipment from the Province of Ontario.
Damage & Loss. The Customer bears all risk of damage to the Equipment, shall promptly notify SGCI of any damage, and shall repair or replace the Equipment at The Customer's cost. SGCI may inspect the Equipment at any reasonable time, with or without notice. If the Equipment is not properly maintained, is destroyed, damaged beyond repair, stolen or taken from The Customer legally or otherwise, The Customer shall immediately pay SGCI the full market value to replace the Equipment.
Insurance. The Customer shall insure the Equipment for its full replacement cost against loss by physical damage, fire, theft and all other losses customarily covered by such insurance of this type of Equipment.
Indemnity. The Customer shall indemnify SGCI against, and save SGCI harmless from, any and all claims for any loss or damage, claims, actions, obligations, liabilities and liens caused by or resulting from installation, removal or operation of the Equipment, including SGCI's legal fees and costs arising from any claim against it by any person and any payment made in satisfaction of any claim.
Default. The Customer is in default under the Agreement if: (a) The Customer fails to pay any amount when due and such failure continues for 7 days; (b) The Customer disposes of or encumbers the Equipment; (c) The Customer removes the Equipment from the Province of Ontario; (d) The Customer fails to observe or performs any covenant or obligation under the Agreement, and/or any other agreement with SGCI; (e) The Customer makes a representation in the Agreement, or otherwise, that is materially incorrect; (f) The Customer becomes bankrupt or insolvent; (g) The Customer commences any proceedings in bankruptcy or insolvency. If the Customer is found to be in default of the Agreement, SGCI may terminate any or all Internet Service. The Customer forfeits any pre-paid service or deposits, and agrees to pay, to SGCI, in a single payment, as liquidated damages, an amount equal to one hundred percent (100%) of the remaining payments outstanding, to the end of the Term and full current market value to replace the Equipment.
Law. The Agreement will be governed in accordance with the laws of the Province of Ontario.
Pre-Authorized Payments. The Customer agrees to make payments under a pre-authorized payment plan, by Automatic Bank Debit or Credit Card Debit, whereby payments may be withdrawn on or about the monthly anniversary of the Provisioning date (which is intended to be 5 business days after signing of this agreement by the Customer and receipt of same by SGCI) of the Internet Service. Pre-authorized payment may include payment of monthly service, arrears, overages, Equipment replacement costs or other penalties which may be withdrawn at any time without notice.
Credit Investigation. The Customer consents to any credit investigation conducted by SGCI.
End of Term. The Term ends on the latter of; a) at least 30 days after receipt of written notice to cancel service is received by SGCI and return of the Equipment to SGCI in it's original working condition and on issuance of Modem Return Receipt to The Customer b) at least 30 days after receipt of written notice to cancel service is received by SGCI and Payment received for the full current market value of the Equipment. The Customer understands that they will continue to be billed for Monthly Internet Service and Equipment Rental until either: a) the Equipment is returned to SGCI in original working condition or b) payment for the full current market value of the Equipment is received by SGCI. It is the Customer's responsibility to return the Equipment at The Customer's cost to SGCI's Head Office, or as SGCI directs. Upon return of the Equipment to SGCI, any modem deposit outstanding will be mailed to The Customer, provided the Equipment is deemed by SGCI to be undamaged and fully functional. If The Customer fails to give notice to SGCI at the expiry of the term, The Customer will be deemed to have continued to rent the Equipment at the prestated rate.