Terms of Service and Regulatory Notices
Terms and conditions
By using one of the services offered by Maskatel, Client agrees to be subject to the contractual terms defined below. Some services may be governed by CRTC rules. In the event of any discrepancy between this Contract and CRTC rules or any other applicable law, precedence is given to the latter, including any notice, decision or policy that may result in a change in prices or services offered. Client agrees that these terms and conditions may be amended from time to time by Maskatel in accordance with the terms of this Contract.
1. Definitions
For the purposes of this Contract, the following definitions apply:
“Abandonment fee”: amount payable by Client who terminates the Contract or a Service prior to the expiration of the Service Period, which represents an amount equal to the sum of (i) any amount unpaid by Client to Maskatel up to the termination date, including the fixed initial costs, if any and:(ii) an amount equal to fifty per cent (50%) of the total, at termination date, of the amounts payable during the Service Period not yet used will also be required for such terminated Service and (iii) the value of the Equipment damaged or not returned by Client in accordance with this Contract, and (iv) should Client lease some Financed equipment, the balance due on such Financed equipment based on the number of months remaining, all subject to compliance with CRTC rules and regulations.
“Connection point” means the place where Maskatel’s installation and/or Equipment and/or Financed equipment connects to Client’s terminal installation or equipment, whether or not Client owns it, or where the installation or Equipment connect to the internal wiring network.
“E-mail boxes”: e-mail boxes are available to Client with Maskatel Internet service.
“Equipment” means any equipment installed or provided by Maskatel, loaned or leased to Client, except equipment specifically purchased by Client and fully paid for. Equipment includes any software or documentation provided by Maskatel as well as the IP addresses required for the Internet connection.
“Financed equipment”: equipment necessary to obtain Maskatel’s Services, which are leased or purchased by Client, subject to a maximum of thirty-six (36) month leases.
“Fixed fee”: initial fees which are to be paid by Client for the establishment of a Service and correspond to the total Service installation and connection fees and the additional monthly fee of thirty-two cents ($ 0.32) for 911 service (mandatory, set by CRTC) and a municipal tax of forty-six cents ($ 0.46) (municipal tax for 911 service), which may apply on telephone service and are subject to change without any notice following a CRTC decision, or tax authorities, as the case may be.
“Maskatel Services”: includes Pay-per-use Services and Services.
“Pay-per-use Services” means the services provided and invoiced by Maskatel based on Client’s use, including pay-per-view, long-distance pay per minute, directory assistance 411, exceeding limits included in telephone and Internet packages subscribed by Client or charges relating to the “burst” use of Internet services.
“Services” means all services provided by Maskatel to Client, including (i) telecommunication services; (ii) installation, inspection, maintenance, repair, removal or disconnection of any Equipment in relation to such Services; (iii) activated Services; (iv) loan or lease of equipment included in the chosen package or specifically subscribed by Client (Financed equipment); (v) broadcasting services; and (vi) leasing services.
“Service establishment date”: date on which a Maskatel Service is likely to be used by the Client, regardless of whether it is used or not.
“Service Period” represents the time period during which Maskatel has committed to provide the requested Services by Client and for which the fees and charges payable are to be paid by Client, whether or not the Services are used during this period.
2. Purpose of contract
2.1 – Service Provisions. In consideration of the Service payment set forth herein and subject to these terms and conditions, Maskatel agrees to provide Client with the Services described in this Contract and any subsequent amendments made at Client’s request during the Service Period. MASKATEL MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES, REPRESENTATIONS OR CONDITIONS OF CONVENIENCE FOR A PARTICULAR PURPOSE OR MARKETABLE QUALITY.
2.2 – Required access. Client is responsible to supply to Maskatel, at no cost, ducts (both inside and outside), the internal wiring network on private property, adequate space, rights of way and power supply necessary for installation, connection and Equipment maintenance.
2.3 – Provisions by Client. Client who subscribes to the Maskatel Service must provide their own equipment (television, telephone, computer) that meets the minimum recommended usage standards of Maskatel Services. Client is also responsible to configure and install the necessary software for the Internet service connection provided by Maskatel and Client assumes all risks and must ensure the security when using the Services.
3. Service terms
3.1 – Equipment Ownership. Maskatel provides installation and /or Equipment necessary to ensure the provision of any Service to the Connection point. In this regard, Client agrees that the Equipment remains at all times the exclusive property of Maskatel. The Equipment must remain, at the address where the Maskatel Services have been installed.
3.2 – Ownership of IP addresses. Client agrees that the IP addresses registered and assigned to Client by Maskatel remain the exclusive property of Maskatel at all times. Client is authorized to use such addresses only during the Service Period. IP addresses may change whenever the modem or computer is turned off or at any time without notice. Maskatel is not responsible for any claim, damages, loss or expenses arising from any change of IP address.
3.3 – Fixed IP addresses. Notwithstanding Article 3.2, if the Parties agree to assign one or more fixed IP addresses to Client, it must pay the monthly costs relating thereto. Maskatel undertakes not to assign the said fixed IP addresses to any third party. Client remains the sole and exclusive responsible user of the fixed IP addresses and Article 9 hereof applies in favour of Maskatel.
3.4 – Maintenance Maskatel assumes the cost of normal wear and tear maintenance and repairs to the installation and the Equipment, regardless of when such work is required. However, if Client requests that such maintenance and/or repair work be postponed for execution at a more convenient time, outside Maskatel’s normal working hours, Maskatel may, at its discretion, charge Client the additional costs incurred.
3.5 – Client’s commitments. Client must protect the Equipment and/or Financed equipment from alteration and damage and assume all risks of theft, damage or destruction thereof until it is returned to Maskatel, according to this Contract, or upon the full payment of the Financed equipment. Client is solely responsible for the Equipment (including the Financed equipment) and agrees not to modify, disconnect, remove, repair or otherwise manipulate it, or to allow anyone other than Maskatel to do so except in case of an emergency. In such a case, Client must notify Maskatel as soon as possible.
3.6 – Access to Facilities. Client agrees to grant access, upon reasonable notice or on obtaining a court order, except in case of an emergency, to a Maskatel representative at the place where Maskatel Services are or will be dispensed, and at Equipment and/or Financed equipment to (i) install, inspect, maintain, repair, or perform any preventive maintenance or emergency work; (ii) remove or disconnect the Equipment, Client’s equipment or a third party equipment according to this Contract; (iii) ensure Contract obligations are respected by the Parties. If Client does not own the premises where Maskatel Services are provided, Client must confirm that Maskatel is authorized to act in accordance with this section.
3.7 – Insurance. Client must maintain in force throughout the Service Period an insurance covering the value of the Equipment and/or Financed equipment. In this regard, Maskatel, acting reasonably, may request proof of such insurance.
3.8 – Testing and verification. Maskatel and its representatives has the right, from time to time at Client’s convenience, to carry out tests, verifications and/or adjustments relating to the installation and/or the Equipment and/or the Financed equipment in order to ensure the good and continuous operation. No credit will be granted to Client for any interruption caused by this preventive maintenance.
3.9 – Multi-Line Telephone System Services. To the extent applicable to the Services being provided to Client, the CRTC has issued best practices for managing 9-1-1 services on multi-line telephone systems in order to ensure that 9-1-1 calls are received locally with accurate location information. For more details, please refer to https://crtc.gc.ca/eng/phone/911/multi.htm.
4. Billing and payment terms
4.1 – Monthly billing. Maskatel Services are invoiced to Client on a monthly basis, which does not necessarily represent a calendar month. Billing periods may vary from region to region. For some regions, Maskatel Services may be charged prior to use, except for Pay-per-use Services, which are invoiced in the billing period following their use and at the price at that time. All applicable taxes must be added to the rates listed in the Contract.
4.2 – Initial Fixed Fee. The initial Fixed Fees are invoiced to Client from the first billing by Maskatel for the Services for which these charges were incurred.
4.3 – Deadline. Maskatel Services must be paid in full by (i) the due date indicated on the invoice; (ii) on the date indicated on the statement issued following Client’s authorization for a direct debit or; (iii) on the date fixed by Maskatel in accordance with this Contract.
4.4 – Payment Terms. Client agrees to pay the total amount due prior to the due date by one of the following payment methods: (i) by automatic debit, after providing a pre-authorization to Maskatel; (ii) by forwarding a cheque to Maskatel; (iii) by using different services offered by financial institutions; (iv) by credit card through Maskatel’s website.
4.5 – Contestation. Maskatel receives an objection in writing within forty-five (45) days of sending an invoice, Maskatel’s invoice will be deemed to be accurate, accepted by Client and binding. In the event of a dispute within the allowed time, any overcharged or mispriced amount will be credited to Client, if applicable, within forty-five (45) days following the date of receipt of the contestation notice, in order to allow Maskatel to conduct the necessary verifications.
4.6 – Penalties. Any delay in the payment of a Maskatel invoice entails the application of an interest upon the invoice following the day of the default. This supplement is equivalent to interest at the rate of one per cent (1 %) per month, or twelve point sixty-eight per cent (12.68 %) per annum. This interest is calculated daily and compounded monthly for each period of thirty (30) days following the due date of the amount due. Finally, administration fees of forty-five dollars ($ 45) is invoiced to Client if a preauthorized bank withdrawal is refused. The administration fee of six dollars ($ 6) is invoiced to Client if a cheque is refused.
4.7 – Promotions. In the event that the Contract states that Client is entitled to a special rate lower than the regular rate generally offered by Maskatel, Client must pay its invoices within the time limits prescribed above, failing which Maskatel reserves the right to invoice Client in addition to penalties, the regular Maskatel rate retroactively from the Service-establishment date.
4.8 – Price guarantee. The price guarantee is only applicable for the following packages: Internet Business and Business Telephony. For the other Masktatel services, other Maskatel packages, and Maskatel television packages, they are subject to change at any time, subject to compliance with Article 1 hereof, if appropriate.
4.9 – Deposit Use. In the event that Client has made a deposit in accordance with the Contract, Maskatel must notify Client in writing when it uses, in whole or in part, the security deposit to reimburse itself for unpaid sums. Maskatel may not terminate this Contract for default payments until such time as these sums do not exceed the amount of the deposit, if any.
5. Effects, terms and renewal
5.1 – Effective date. This Contract shall enter into force and be binding upon the Parties from signature date, it being understood that the activation of the Services and the Equipment installation shall be delivered or installed by Maskatel only from the commencement date of the Contract. In the event that there is a difference in the signature date of Client and Maskatel representative, the Contract shall enter into force on the date that Client signed.
5.2 – Service Period
- a. Single Site. The Service Period concluded between Maskatel and Client starts on the installation date of Maskatel’s Services, or any other date determined between the Parties and shall end at the time agreed upon with Client.
- b. Multi-site. The Service Period agreed upon between Client and Maskatel starts on the installation date of Maskatel’s Services at the first site, or any other date agreed upon between the Parties and shall end at the time agreed upon with Client.
- c. Indefinite period. Failure to agree to a specified Service Period, it shall be for an indefinite period of time, from the date of installation of Maskatel’s Services and shall remain in effect unless either Party sends to the other Party, in writing, their desire to terminate the Contract, at least sixty (60) days prior to such terminate date, subject to the applicable law.
5.3 – Automatic renewal. If no prior notice is received at least sixty (60) days before the end of the Service Period by Client or Maskatel, the Agreement will automatically renew for successive one (1) month periods in accordance with the terms of service and the rates then in effect at the time of said renewal will be charged for each of the Services.
6. Modifications
6.1 – Fee modifications. Maskatel reserves the right to modify Service fees, on an punctual basis, in the event of a material change beyond Maskatel’s control resulting in an increase in fees and / or royalties payable by Maskatel, namely due to a decision of the CRTC. In such circumstances, Maskatel shall, at least thirty (30) days before the amendment takes effect (or any other time period required by the CRTC), provide Client with a written notice containing the new fees and the old ones, the effective date of the modification and Client’s rights under article 3.
6.2 – Contract modifications. Maskatel reserves the right to modify every Contract clause. In such circumstances, Maskatel must, at least thirty (30) days before the amendment takes effect (or any other time period required by the CRTC), provide Client with a written notice containing the new amended clauses and the previous version, the effective date of the modification and Client’s rights under article 3.
6.3 – Client’s Refusal to modifications. If the amendments result in an increase in Client’s obligations or a reduction in Maskatel’s obligations, Client may refuse such modification and terminate the Contract without charge, penalty or indemnity termination by notifying Maskatel at least thirty (30) days following the amendment coming into force.
7. Credit investigation and deposit
7.1 – Credit investigation. The coming into force of the present Contract may be conditional upon Maskatel’s prior approval of credit. Client also authorizes Maskatel to verify and to have access, during the term of the Contract, at its sole discretion, but acting reasonably, to its credit file with the relevant financial institutions and authorizes at all times financial institutions and other agencies to disclose to Maskatel the information on its credit report. Finally, Client authorizes Maskatel to enter in its credit report the information it has obtained.
7.2 – Deposit. If Client does not establish its credit or refuses to provide Maskatel with sufficient information on its solvability, Maskatel may require a deposit. In such circumstances, Maskatel must inform Client of the precise reasons for the requirement of such deposit, which cannot, at any time, exceed three (3) months of monthly fees for the Services. Maskatel will review the adequacy of this filing once a year. Upon expiration of the Contract, Maskatel agrees to remit any unapplied balance on overdue balances to Client within thirty (30) days following such date.
8. Restrictions
8.1 – Service use. Client agrees not to use or not to allow the Services to be used in a manner that (i) violates any applicable law or regulation; (ii) restricts or prevents another user from properly using the Maskatel Services or to receive or transmit information or (iii) causes an unusually heavy load on the network. Client agrees to immediately inform Maskatel of any violation of the law of which he is aware.
8.2 – Resale. Maskatel Services are strictly reserved for the commercial use of Client and must be subscribed for these purposes. Client shall not resell the services to third parties.
8.3 – Internet Services use. In addition to the obligations contained in article 1, Client acknowledges and agrees to comply with the Rules of Acceptable Use of the Internet Service offered by Maskatel as well as any modification of said rules made from time to time by Maskatel, Rules of Acceptable Use of the Internet Service can be found on the Maskatel’s website.
9. Liability and exclusions
9.1 – Client liability for overseas call Services. Client is solely and uniquely responsible for the use of the oversea call Services and must ensure that they are secure. Client holds Maskatel harmless of any losses, damages, prejudices in connection with the use of call services overseas, whether authorized by Client or fraudulently made thought Client’s Services.
9.2 – Client liability in case of loss. If Client deliberately, by negligence or by performing its own installations, causes loss or damages the installation and/or Equipment, Client will pay the total costs of the restoration and/or replacement of such installations and/or Equipment, and this, according to means used by Maskatel. Such costs must be paid promptly by Client upon presentation of an invoice from Maskatel.
9.3 – Client’s liability for Services used and compensation. Client remains the sole and exclusive responsible, excluding Maskatel, for the use of Internet Service, security of any device, wireless equipment or Wi-Fi system, hosted telephony, which it chooses to use with Maskatel network, as well as telephony or television services, namely the broadcasting of television programs to the public or the use of non-secured oversea call services. Client shall also be responsible and undertakes to keep Maskatel harmless from any damage it may cause to it directly or indirectly through use of the Internet Service contrary to Maskatel’s terms of use. Client is responsible to pay all costs and obtain all necessary permits, authorizations or licenses for the Services used, in particular to obtain a license to distribute content to third parties, including copyright payments.
9.4 – E-mail security boxes. The anti-spam and antivirus system set up by Maskatel to protect e-mail boxes from viruses, worms and Trojan horses (hereinafter “Viruses“) is subject to an obligation of means, within the reasonable commercial limit. Client acknowledges and agrees that it is possible that Maskatel’s protection system may erroneously handle some e-mails, either (i) by treating an e-mail as not spam or Virus when it is one (false negative), or (ii) treating an email as spam or viruses when it is not (false positive). Client remains solely and exclusively responsible for the use of the E-mail Boxes and any resulting damages, excluding Maskatel, as well as for any use which would have the effect of reducing or impairing the efficiency of the system protection of E-mail Boxes.
9.5 – Public telecommunications carrier. Maskatel, as a public telecommunications carrier, cannot incur any liability for the communications it carries. Maskatel’s liability hereunder is limited to providing the Services described in the Contract during the agreed Service Period between Client and Maskatel.
9.6 – Interruption. Maskatel does not guarantee to Client the performance of Maskatel Services without error or interruption. In the event of a twenty-four (24) hour or more interruption of service, as soon as Maskatel is notified of the problem and provided that it is demonstrated that the error or interruption is directly attributable to Maskatel, Maskatel will credit or refund, upon written request sent by Client at the latest fifteen (15) days following the interruption, the proportion of the costs representing the duration of the interruption from the moment Maskatel was notified. IN NO EVENT WILL CLIENT’S LOSSES AND CLAIMS EXCEED THE MONTHLY FEE AND AVERAGE OF THE LAST (3) MONTHS PAID, TO THE EXCLUSION OF THE SERVICES PAYABLE FOR USE. Client acknowledges and agrees that such credit or refund is the sole and exclusive remedy for Maskatel Services. However, no credit can be demanded in the event of a labour dispute, act of vandalism, or other case of force majeure or circumstance beyond the control of Maskatel or its agents.
9.7 – Liability limitation. Client acknowledges and agrees that, subject to Article 5 and the applicable laws, Maskatel shall not be held liable for any damage whatsoever, including damages resulting from the loss of income or profits, failure to make anticipated savings or any claim against a third party, in particular in the case of an unauthorized re-broadcast. Also, in the event that physical circuits or connections connecting Client’s network to Maskatel’s network, Maskatel will not be held liable for any damage resulting from lightning or other electrical currents moving from one network to another. This article does not limit Maskatel’s liability in the event of gross negligence or willful misconduct on its part.
9.8 – Disclaimer and Compensation. Maskatel shall not be responsible and shall not indemnify Client or any third party for damages incurred resulting of: (i) any act or omission of Client or any third party; (ii) any claim or defamation suit, infringement of copyright suit, trademark infringement suit or infringement of the rights of third parties suit as a result of the use of Maskatel’s Services; (iii) intellectual property infringement arising from the combination or use of Client’s facilities with Maskatel’s services or installations; (iv) any unauthorized use of Maskatel’s Services; v) any long distance charges resulting from the use of the telephony hosted in a fraudulent manner by Client. Client agrees to indemnify and hold Maskatel, its affiliates, their directors, employees and agents harmless from and against any and all claims and damages arising from this section.
10. Service disconnection by Maskatel
10.1 – Disconnection reasons. Maskatel may disconnect the Service for any of the following reasons: i) Client fails or neglects to pay an invoice for more than sixty (60) days from the due date; ii) if Client refuses access to Maskatel or its representatives, acting reasonably, to enter the premises in accordance with the Contract, (iii) if Client uses or permits others to use the Services of Maskatel for any purpose or in any manner contrary to the Contract, law or regulation, (iv) if Client deliberately, by negligence or by conducting its own installations, causes loss or damage to Maskatel’s Equipment and/or installation, or (v) if, during the Service Period, Maskatel shall incur exceptional expenses which Client refuses to assume in accordance with these terms and conditions.
10.2 – Disconnection notice. Before disconnecting the Service, Maskatel must give to Client at least five (5) working days prior written notice of the reason for the disconnection, the amount due, if any, the Service’s reinstatement fee and, if applicable, any other relevant information.
10.3 – Client’s obligations. The Service disconnection by Maskatel does not relieve Client’s obligation to pay any amount owing under the terms of the Contract at the time of such Service disconnection including all initial Fixed fees. Unless otherwise provided for in the Contract, disconnection costs equal to the value of the Abandonment fees hereunder shall also be charged to Client.
11. Cancellation and termination
11.1 – Cancellation prior to the Service establishment date. Maskatel may cancel the Contract or refuse to provide the Services without compensation to Client if: (i) they are not satisfied with the results of a feasibility study regarding the Services; (ii) required services from another supplier are not available or are available under certain conditions which are not acceptable for Maskatel; (iii) Maskatel must incur exceptional expenses which Client refuses to assume and pay, including to obtain a right of way, undertake special construction work or to relocate Client’s equipment; or (iv) Maskatel is not satisfied with a credit investigation and Client refuses to provide the required deposit or if Client has an overdue account with Maskatel prior to the Service-establishment date.
11.2 – Client’s termination prior to the Service -establishment date. Client who terminates or postpones a Service request after entering into this Contract but prior to the Service-establishment date, in its sole discretion, will pay all costs incurred for the installation, including equipment and non-recoverable materials expressly provided or used, technical service costs, supplies, labour, supervision, and any other expense arising from the installation and removal work incurred.
11.3 – Client waiver during the Service Period. Client cannot unilaterally and without cause terminate the Contract and expressly renounce and unequivocally waive the benefit of Article 2125 of the Civil Code of Quebec. However, Client may terminate the Contract after the Service establishment date but before the expiration of the Service Period by giving a thirty (30) day prior written notice to Maskatel. Client must pay the Abandonment fee, if applicable. Client understands, however, that such Abandonment fee is an estimate of the damages that Maskatel may incur as a result of the Services being cancelled by Client and do not constitute a penalty. Maskatel acknowledges that the Abandonment fee must comply with CRTC’s policies and decisions and that the latter prevails in this present section 3 of the Contract where there is a contradiction.
11.4 – Maskatel’s termination during the Service Period. In the event that (i) Client is in any way in default of any obligation provided in this Contractor for any serious cause; or (ii) there is a fraud case or fraud in which Client is or could be directly or indirectly involved; or (iii) Client quits, abandons or disposes the site(s) where Maskatel provides the Services; or (iv) Client ceases to carry on business; or (v) the Equipment or Services have been serviced, installed, modified, repaired or relocated by personnel other than those authorized by Maskatel; or (vi) if the Equipment or installation contains defects resulting from improper handling, abnormal or abusive use, improper use or storage; or (vii) any merger, consolidation, acquisition, sale, lease or other transfert of all or substantially all the assets of voting shares on Client, or any other change in the control or ownership of Client or similar transaction that Maskatel does not reasonably accept, then Maskatel may, at its sole discretion, terminate the Contract by a simple written notice to that effect. Termination will result in Client losing, without compensation of any kind whatsoever, all rights granted by this Contract. Maskatel also reserves the right to terminate the Contract if it is required by order or otherwise to cease offering one or more of the Services under the terms and conditions of this Contract, by the CRTC or any other judicial, administrative or governmental authority. In the event of such termination, neither party shall be entitled to claim compensation from the other for any breach of contract or for any other inconvenience or damage resulting from the termination of this Contract.
11.5 – Bankruptcy or Assignment. If Client sells, assigns or otherwise disposes, freely or by onerous title, all or a substantial part of its assets, declares bankruptcy or assigns its assets to the benefit of its creditors in general, becomes insolvent or unable to pay its debts, or acknowledges its insolvency in any other way, Maskatel may, at the knowledge of any of these facts, immediately terminate this Contract without any notice. In the event of such termination, neither party shall be entitled to claim compensation from the other party of any kind for breach of Contract or for any other inconvenience or damage resulting from the termination of this Contract.
11.6 – Equipment delivery. At the end of the Contract, Client must return the Equipment to Maskatel. If, within fifteen (15) days of the termination of the Contract, Maskatel has not received the Equipment at one of its offices, it may retake possession of the Equipment whenever possible or charge replacement fees of the Equipment to Client as is more fully described on Maskatel’s website.
11.7 – Wiring. Without limiting its obligation to deliver the Equipment in accordance with these presents, Client acknowledges that at the end of this Contract, Maskatel shall not be obligated to remove, uninstall, or recover any wire, material and equipment used or installed by Maskatel to provide Maskatel Services to Client. In addition, Client acknowledges and accepts that Maskatel is not liable in any way for any direct or indirect damage that Client may suffer for any wiring, equipment or device left behind at the termination of this Contract.
12. Leasing of financed equipment
12.1 – Leasing of Financed equipment. If Client has entered into a lease for an equipment, Client becomes the owner of the Financed equipment upon the expiration of the thirty-six (36) month period (“Term“) commencing on the Service-establishment date, upon the full payment of the last monthly payment.
12.2 – Termination by a party prior to the Term. In the event of termination of the Contract before the end of the Term, Client must pay the Abandonment fee.
12.3 – Non-payment of the Finance equipment. In the event of non-fulfillment of the obligation to pay the Financed equipment, Maskatel may request Client to return the Financed equipment or Maskatel may request the complete payment of such.
13. General provisions
13.1 – Maskatel notice. Any notice given by Maskatel to Client shall be in a written form to Client by mail, messaging system or e-mail. It will be given to Client’s mailing address or e-mail address mentioned in the Contract or at any other address specified by Client. In the case of a notice sent by ordinary mail, it shall be deemed to have been received five (5) days after the date of mailing if the postal service is operating normally.
13.2 – Client notice. Any Client notice may be written or verbal. All written notice can be sent by ordinary mail to the address mentioned at the beginning of the Contract, by fax (with acknowledgment of receipt) or by e-mail. In the case of a notice sent by ordinary mail, it shall be deemed to have been received five (5) days after the date of mailing if the postal service is operating normally. The sending of the notice by fax or e-mail on a business day before four (4) in the afternoon shall be deemed to have been sent on that day; after that time, it shall be deemed to be made on the following business day. All Client notices can be handdelivered to Maskatel (with an acknowledgment of receipt) at the business locations. In the latter case, the notice of hand delivery shall be deemed to have been received on the same day. Any verbal notification can be made by contacting Maskatel’s customer service toll-free number at 1-877-627-5283.
13.3 – Confidentiality. Client may not disclose to third parties the terms and conditions of the Contract without the prior consent of Maskatel, unless such disclosure is required by the judicial authorities.
13.4 – Transfer. Client may not transfer this Contract or cede or alienate any of its rights or obligations hereunder to any third party without the prior written consent of Maskatel.
13.5 – Appplicable laws. This Contract is governed by the laws of Quebec. The Parties recognize the exclusive jurisdiction of the courts in the Province of Quebec, judicial district of Saint-Hyacinthe, with respect to any matter relating to this Contract and the Parties agree to abide by it.
13.6 – Non waiver. The failure by a Party not to require full compliance with any provision of this Contract or the failure or delay of a Party in the exercise of any right or remedy under this Contract shall not be interpreted as a waiver or surrender by that Party of the right to benefit from the entire provision.
13.7 – Complete agreement. This Contract constitutes a true and complete description of the agreement reached between the Parties with respect to the subject matter hereof and cancels and replaces any other agreement or prior agreement between the Parties in this matter.
13.8 – Language. The Parties acknowledge that they have requested that this Contract be drawn up in English language.