Terms Of Service

MYBC Datacom Ltd. Terms Of Service Agreement

This service agreement is between MYBC Datacom LTD.

And

Name:________________________________

Address:______________________________

City:__________________________________

Phone:________________________________

1. This agreement is for a_______ month term. This agreement renews automatically at the end of each __________month term for the same ________ month term. This agreement can only be cancelled on the renewal date of the agreement.

2. For its part MYBC Datacom will install and maintain Broadband Access at the service Address. All equipment and wiring installed by MYBC Datacom will remain the property of MYBC Datacom. There is a ______________dollar Installation cost for service at the above Address. The Equipment known as a CPE (Customer Premise Equipment) will remain the property of MYBC Datacom. CPE’s must be returned at the end of this service agreement. Failure to return the equipment will result in a $299.00 charge on Credit card. By Signing this agreement you agree to the $299.00 dollar charge and give permission for MYBC Datacom to charge your card for this amount should you fail to return the equipment at the end of the service agreement.

3.For its part MYBC Datacom will deliver the package level of ________________ which at the time of this contract had speeds listed to a maximum of____________download and ____________upload with a monthly throughput limit of ______________Gb.

4. It is important to note that speeds listed are Maximum speeds and not necessarily a constant speed. Speeds can vary based on many factors such as solar activity, weather and the traffic on the Network. MYBC Datacom strives to deliver you your package speeds on a consistent basis but as with all ISP’s we cannot guarantee speed levels. Packages are delivered on a “upto” speed level formula. MYBC Datacom strives to keep your down time to a minimum, however factors such as equipment failure and other variable listed above can interrupt your service. In such instances MYBC Datacom will remedy the problem in the fastest and most effective manor available to us. MYBC Datacom does not guarantee up time in any manor.

5. Total Monthly Bandwidth limits are enforced by MYBC Datacom. These limits are necessary to ensure the stability of the network. MYBC Datacom uses a formula to calculate how many Subscribers can be associated with a given access point, to ensure the access point does not get overloaded and quality of service is maintained. When you exceed your monthly limit you degrade the service for all subscribers on that access point. Over limit usage of more than 20 gigabytes per month will result in you being doubled billed for that month. This means if you exceed your package limit by more than 20 gigabytes in a billing cycle you will pay an over limit usage fee equal to your monthly package fee. Should you exceed your package by more then double your package limit you will be tripple billed for that month. If you are on the Surfer package and go over the limit by 20 gigabytes you will pay ($49.95 X 2) $99.90 plus tax for that month. Please be sure to pick the package that suits your total bandwidth requirements. MYBC Datcom reserves the right to discontinue service without notice or refund, to any customer who in its sole discretion feels is degrading the over all performance of the network.

6. Should the need arise for you to cancel service before the end of the term of this agreement there will be a cancellation fee applicable. The cancellation fee is $200.00 Regardless of the length of your service. Installation fees and extra equipment purchased such as routers are not refundable.

7. Peer to Peer sharing of copyrighted material is illegal under the Copyright Act of Canada and not allowed on the MYBC Datacom network. Illegal downloading of copyrighted material can result in the immediate cancellation of your service without notice or refund. MYBC Datacom is obligated under law to provide Subscriber information to law enforcement agencies upon receipt of a court order in the case of copyright violations. Please use legal download services such as I-Tunes, Napster or other legally sanctioned services to download music and other forms of multimedia content.

8. MYBC Datacom reserves the right to change the terms of service at any time without notice or consultation. The latest Terms of Service conditions are listed and available at http://www.mybcdc.ca/terms-of-service-form.html

Both parties agree to abide by this agreement that has been read and signed on this _________ day of_____________ 20___

Credit Card Number:_______________________________ Expiry Date:____________ I authorize MYBC Datacom to charge my Credit Card for over usage fees as outlined in pragraph 5, cancellation fees as outlined in Paragraph 6 or failure to return equipment as outlined in Paragraph 2 of this agreement.

Name:_____________________________ 

Signed:_____________________________ 

Date:___________________

Name:_____________________________ 

For: MYBC Datacom Signed:_____________________________ 

Date:___________________