Xplore Services – Terms of Use

Xplore Inc. (“Xplore”, “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 (“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 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’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 OR THE XPLORE EQUIPMENT, 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 OR THE XPLORE EQUIPMENT.

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/policies/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/terms-of-use/about-xplores-30-day-money-back-guarantee/);
• the Service & Warranty Policy (the most current version of which may be found at www.xplore.ca/policies/service-warranty/);
• the 9-1-1 Terms and Limitation of Liability (the most current version of which may be found at www.xplore.ca/policies/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); and
• any other policies of Xplore that you are made aware of by us from time to time.

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 28, interest charges payable for overdue accounts, and all applicable taxes.
• Plan means a particular combination or package of Service(s) offered by Xplore 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 offers such as Internet Access service, Wi-Fi Router service, 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.
• Xplore Equipment means the equipment Xplore provides, that is used for providing the Services, as described in more detail in question 16.

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, which may include each of the following services and any other associated services that Xplore 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
• Xtra Care: Xtra Care service is a pre-paid service that covers potential labour costs for any technician who is sent by Xplore to repair the Xplore Equipment during the term of the Xtra Care service
• Static Domain: Static IP services provides you with a public, persistent Internet Protocol address to be used for accessing the Internet through Xplore Internet Access Service
• E-mail: Email Service provides you with an email account with an Xplore domain during the term of your Internet Access Service with Xplore

This Agreement also applies to any devices, equipment or software provided by Xplore in association with the Services, including the Xplore Equipment (as defined below in question 16). This Agreement does not apply to Xplore Mobile wireless mobile services or Xplore Business.

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’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. Upon expiry of the Commitment Period, or if the Commitment Period in the Critical Information Summary indicates “month to month”, Xplore 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 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 5) or discounts or promotional offers (as described in question 34) 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. Can Xplore 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 37) 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 Equipment, 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 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 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, and you may not rely on any such unapproved change, modification or amendment.

6. Can I change my Services?

You may change the Plan for your Services at any time by contacting Xplore 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 [5]) 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.

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

7. How does Xplore protect my personal information?

We care about your privacy and are serious about protecting your personal information. Please see the Xplore Privacy Policy available at www.xplore.ca/policies/privacy-policy for details on how Xplore seeks to protect your personal information received in the course of providing the Services and under this Agreement.

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 or the Xplore Equipment.

8. 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, Equipment or our networks is a serious matter and can result in our termination of your Agreement with Xplore and may lead to criminal or civil liability.

9. 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 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 11.

10. Does Xplore offer unlimited Services?

Some Services offered by Xplore 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.

11. Are Service speeds guaranteed?

Xplore provides the Services on a “reasonable efforts” basis and does not guarantee upload or download speeds or other performance. Xplore 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’s control.

Xplore’s satellite-based Services are not designed or intended to support online gaming such as first person shooters, war games or online role playing games, time sensitive ecommerce, online auctions, or other interactive or low latency applications.

Xplore has established Internet Traffic Management Policies, which are available at www.xplore.ca/policies/usage-traffic-policies/, that are intended to provide fair and consistent access to Internet Access Services for all Xplore 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 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.

12. 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 specifically disclaims any express or implied representations, warranties, conditions, or guarantees for such uses.

13. 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 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.

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

If you are signing up for Services or changing Services, Xplore may complete a credit check on you. By accepting this Agreement, you consent to our collection of your credit and payment information for Xplore, credit grantors and reporting agencies over time. You authorize us to make inquiries and to receive information about your credit experience from others, to enter this information in your file and to disclose information about you to third parties, 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 may, at any time, by notice to you, require that you provide us with a security deposit on such terms as are determined in our sole discretion. Except as required by applicable law, we will not pay interest to you on any security deposit we hold. Upon termination of the Services, we will apply the security deposit against the outstanding balance on your account and, if any amount remains, refund that amount to you.

15. 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. In addition, if you want to connect more than a single device and have not subscribed for Xplore’s Wi-Fi Router Service, you will also need a router. See support.xplore.ca/s/topic/0TO3w000001uTe6GAE/internet-email-router-support.

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 Equipment. Xplore does not represent, warrant or guarantee that the Services will be compatible with all system configurations.

16. What equipment does Xplore provide?

Xplore provides equipment, such as an antenna, 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. You may also choose to rent additional, optional equipment from us, such as the Xplore Wi-Fi Router. In this Agreement, any equipment you receive from Xplore is called “Xplore Equipment”. Xplore Equipment will be provided by the Xplore technician at the time of installation.

Xplore is the owner of and retains title to the Xplore Equipment. Other trade-marks and proprietary marks on the Xplore Equipment 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 Equipment. You will provide us with your landlord’s consent to the attachment of the Xplore Equipment, if necessary.

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

17. 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 Equipment you use with the Services (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 Equipment and maintain it in good working condition following the manufacturer’s recommendations.

18. How can I use the Xplore Equipment?

You may only use the Xplore Equipment as required to receive the Services in accordance with this Agreement.

19. Can I move or modify the Xplore Equipment?

No. You must not move, alter or disturb any Xplore 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. Additional Fees may apply if any repair or restoration is required as a result of changes to any disturbance of Xplore Equipment.

The Xplore Equipment for all Services cannot be moved to a different address without our advance written permission. 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 37.

20. When and how do I return the Xplore Equipment?

Xplore Equipment 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. We will provide you with instructions regarding removal and shipping as appropriate when you cancel, but please contact us if you have any questions.

21. Can Xplore help me to de-install and remove the Xplore Equipment?

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

22. What happens if I fail to return the Xplore Equipment?

To the extent permitted by applicable law, if you fail to return any of the Xplore Equipment in good condition (reasonable and normal wear and tear being excepted) within 30 days of the cancellation date, we may send an Xplore technician to retrieve the Xplore Equipment 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, as described in question 28.

Xplore may, at its option, by notice in writing to you, choose not to remove all or any portion of the Xplore Equipment, 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. For clarity, the transfer of title to the Xplore Equipment will not transfer or assign any intellectual property right in or to the Xplore Equipment.

23. What terms apply to software supplied by Xplore?

Xplore grants you a limited, non-exclusive, non-transferable and non-assignable license to use the Xplore software (including software from third-party vendors) included with and as embedded in or as part of the Xplore Equipment, associated documentation (if any) and any updates to the foregoing (“Licensed Programs”) provided for your 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 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 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 from time to time.

24. How does Installation work?

The outdoor Xplore Equipment for the Internet Access Services is highly sophisticated and the installation and pointing specifications for the antenna are very stringent. A professional certified Xplore technician must install the Xplore 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. 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 is not required to perform any other installation or related service unless agreed to in writing between the parties. You give Xplore or its Xplore 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.

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

For indoor equipment (for example, for Home Phone Service or Wi-Fi Router Service), we may provide the Xplore 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 Equipment that you install.

25. What happens if the Xplore Equipment or the Services do not work properly?

If your Services are disrupted because the Xplore Equipment is not working, other than as a result of a power disruption, please call us at 1-866-841-6001. Xplore will make reasonable efforts to repair or replace defective Xplore Equipment 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 Equipment itself, but we may charge you for the labour associated with fixing or repairing Equipment, 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 determines that you damaged the Xplore Equipment, we may charge you the Equipment Replacement Cost.

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 Equipment is Xplore’s sole responsibility for any Service outage. In certain circumstances, Xplore 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’s sole discretion, and without any admission of liability.

26. Is the Xtra Care Service available for service issues?

Xplore Xtra Care is an optional Service that provides extended coverage for the cost of labour in the event of a service issue at your location.

If you have purchased the Xtra Care Service, you will not be charged for any labour costs associated with fixing or replacing the Xplore Equipment used to provide your Services for an initial additional period of 12 months (the “Initial Xtra Care Period”), unless the damage was willfully caused to the Xplore Equipment. Xtra Care does not cover, and you may be charged, for mileage charges or travel expenses if the Xplore technician travels more than 50 km round trip to and from your location.

The annual fee (excluding any applicable discounts) for the Initial Xtra Care Period is payable immediately on commencement of such coverage period and is non-refundable. However, the annual fee for Xtra Care will be invoiced and is due in monthly installments over the 1 year Initial Xtra Care Period. If you terminate in the Initial Xtra Care Period, the balance of the annual fee is payable at that time. At the end of your Initial Xtra Care Period, your enrollment in the Xplore Xtra Care Service will be automatically renewed for successive 1 month periods and Xplore will continue to provide the Xplore Xtra Care coverage to you during such additional 1 month period at the Xplore Xtra Care terms applicable to new enrollees at such time and at a monthly fee equal to one-twelfth of the annual fee then applicable for the Initial Xtra Care Period for new enrollees at such time, until cancelled. To cancel Xtra Care once the Initial Xtra Care Period is complete, please call Xplore Customer Support at 1-866-841-6001.

27. What other technical support does Xplore provide?

If you require technical support for your Services, Xplore is proud to offer technical support service 24 hours a day, every day, from our Canadian call centres. Please contact Xplore for technical support for your Services at 1-866-841-6001. You agree that Xplore (including any third-party service providers engaged by Xplore) 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 Services and Xplore Equipment only.

28. 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 Equipment, 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.

29. 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.

30. 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 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 that is described at support.xplore.ca/s/article/About-MyXplore?language=en_US#Payment_Methods

Please make sure to pay all amounts owing to Xplore 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 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.

31. 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% per month (which is the equivalent to 26.82% per year). 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.

32. 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.

33. 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).

34. How do discounts or promotions work?

Xplore may offer limited time discounts, incentives, and promotional offers 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 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). Discounts, incentives, and promotions will not be applied retroactively and may take more than one billing cycle to be applied.

35. 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 via MyXplore.ca or the Xplore Customer Care Centre at 1-866-841-6001.

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

Yes. Xplore 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/. If you are dissatisfied with your 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’s Customer Care Centre at 1-866-841-6001.

Provided you return all your Xplore Equipment to Xplore in good condition, no early cancellation fee will apply and we will refund the amounts you paid to Xplore towards the cost of the standard Xplore Equipment Installation and any amounts paid to Xplore 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.

37. 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 Customer Care Centre at 1-866-841-6001. Except during the Trial Period (see question 36 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 43 for more information about early cancellation fees), will be payable in full upon cancellation.

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

Xplore Equipment must be returned in good condition (reasonable and normal wear and tear excepted) within 30 days from the cancellation of your Services. See questions 20 to 22 for more information on the return of Xplore Equipment.

38. Can I temporarily suspend my Services?

Yes. Please call the Xplore 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, and the time will not count against your Commitment Period for those Services. The end date of your Commitment Period will be extended by the same time period. A monthly Fee (as set out in question 28) will be payable during each month that your Internet Access Service is temporarily suspended.

39. Can Xplore suspend or disconnect my Services with notice?

To the extent permitted by applicable law, Xplore 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 ceases to offer a Service to which you subscribe.

Additionally, Xplore 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 and you fail to comply with its terms; or (d) Xplore 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 a Xplore representative who can speak with you about the suspension or disconnection. Xplore 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.

40. Can Xplore suspend or disconnect my Services without notice?

Xplore 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 reasonably believes that such action is required to protect the network from harm; (b) Xplore 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 may also suspend or disconnect Services without notice where it is required by law to do so.

41. Can Xplore cease to provide an existing Service?

Xplore 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.

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

If Xplore cancels your Services for any reason, all outstanding amounts owing, including any overdue amounts will be payable in full. This will include, as applicable, any unpaid amounts from previous bills or fees for Xtra Care, and may include the Replacement Cost of any Xplore Equipment that is not returned in good condition, as described above in question 28. However no other cancellation fee will apply, unless Xplore terminates your service for non-payment.

43. 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 prior to the expiration of the Commitment Period set out on your Critical Information Summary, in addition to all other unpaid amounts owing to us at the time of the cancellation (including, as applicable, any unpaid amounts from previous bills or fees for Xtra Care), you must pay an early cancellation fee.

For customers in Quebec: The early cancellation fee is calculated as the lesser of $50 or 10% of the amount left on the contract.

For customers in the rest of Canada: The early cancellation fee is calculated as $240 for a two year Commitment Period, or $120 for a one year Commitment Period, in each case reduced by $10 per month for each month prior to termination, including any partial months. For example, if you had a two year Commitment Period and you terminated your subscription 7 months and 3 days after your Services began, the applicable early cancellation fee would be $240 – (8 x $10) = $160.

44. 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 will refund the amount of the balance to you within 90 days of the date of that bill.

45. 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, Sections 20 to 22 (Equipment Returns), Sections 28 to 35 (Billing & Payment), Sections 46 to 49 (Disclaimer & Limitation of Liability) and this Section 45.

46. How does Xplore limit its liability?

To the extent permitted by applicable law, and subject to the exclusions of liability described below in question 47, Xplore’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 Equipment, 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 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’s gross negligence.

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

The Services and Xplore Equipment are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Xplore 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 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.

Xplore 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 Equipment or the use, operation, non-operation, ownership or maintenance of the Xplore Equipment; (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 Equipment or Services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Xplore Equipment or Services; (D) the unlawful use of the Xplore Equipment 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’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.

48. 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.

49. 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. If we do not enforce any part of this Agreement for any period of time, that part still remains valid and Xplore can enforce it in the future.

50. 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 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, or involving any person but you, may be joined or combined together, without the prior written consent of Xplore, including in any class proceedings.

51. 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.

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

Please call the Xplore Customer Care Centre at 1-866-841-6001 if you have concerns about your Services. However, if you have a concern that Xplore 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.