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Policies

Acceptable Usage Policy (AUP) – Internet Services

Prohibited Uses of Apexia’s Network, Products and Services

Subscriber agrees that the Supplier may terminate, without refund, Subscriber’s service for any violation of the Supplier’s Acceptable Usage Policy located at “Customer Location”.

For purposes of the Prohibited Activities, the term “information” means material of any type capable of being posted or transmitted on or through the Provider Internet Access Service, including material in print, graphic or pictorial form. When using the Provider Internet Access Service:

Subscriber will not willfully engage in the following activities:

  1. Defamation. You agree not to post or transmit any information in violation of any applicable law.
  2. Fraud. You agree not to post or transmit any fraudulent information on or through the Provider Internet Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.
  3. False advertising. You agree not to post or transmit on or through the Provider Internet Access Service any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations.
  4. Unsolicited advertising. You agree not to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other Subscribers, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.
  5. Copyright violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s or entity’s copyright in all or any part of the information.
  6. Trademark, service mark and trade dress violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s rights in its trademark, trade dress or service mark.
  7. Trade secret violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that reveals trade secrets belonging to another person, business, service or other entity.
  8. Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Provider Internet Access Service.
  9. Harassment, threats and abuse. You agree not to use the Provider Internet Access Service to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically or otherwise objectionable information.
  10. False pretenses. You agree to not use the Provider Internet Access Service to impersonate any person, including but not limited to, a Provider official or an information provider, guide, or host or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue and message posting.
  11. Chain letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Provider Internet Access Service.
  12. Inappropriate content. You agree not to post or transmit on or through the Provider Internet Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list.
  13. Disruptive activities. You agree not to use the Provider Internet Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other subscribers, users, individuals or entities.
  14. Violations of Service Provider’s rules. You agree to not use the Provider Internet Access Service to violate any operating rule, policy or guideline of any other online service provider or interactive service.
  15. Multiple access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Provider Internet Access Service for more than one session at any time.
  16. Abuse of Provider’s procedures. You agree not to make false or unverified complaints against any Provider subscriber, or otherwise abuse any of Provider’s Complaint Response Procedures.
  17. Systems abuse. You agree not to abuse the system by causing any harm to the system so that it inhibits other user’s ability to effectively use the system.
  18. SPAM. You agree not to post or cross-post, regardless of content, of the same message to twenty or more newsgroups. post, transmit, distribute or disseminate content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
  19. Disrupt the Supplier’s network, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing; unless permitted by the Agreement, make, directly or indirectly, any of the products or services received from the Supplier available to any third party.
  20. The Customer shall not permit any third party to gain access to the termination equipment of either the Supplier or the Customer for the purpose of obtaining access to the Supplier’s network for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly; make unauthorized attempts to gain access to any account or computer resource not belonging to the Customer (i.e. engage in “spoofing”) or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;
  21. Engage in any activities that deny or disrupt service to any customer or end-user of the Supplier;
  22. Use any of the Services contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission or other regulatory bodies with jurisdiction over the Services.
  23. Subscriber shall not use Apexia’s Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with Apexia. Apexia reserves the right to remove or edit messages or material submitted by Subscriber.
  24. Any activity that violates federal, provincial, state or local law. Any activity which is a violation of any federal, provincial, state, local law or ordinance, or any regulation of any governmental administrative agency.

Acceptable Use of Unlimited Plans

Services that are installed into residential locations are governed by our normal use policy which is listed in this section.

In the event of disproportionately high usage of Apexia’s network resources by Subscriber, Apexia may levy usage surcharges outlined in the table below per billing period. At the discretion of Apexia this may be in addition to traffic shaping to reduce the effective available bandwidth provided to a residential customer who uses in excess of the transfer limits in the table below in any billing cycle.

If a business service is required one can be provided to you that would allow you to sustain continued excessive use.

Chat Rooms

If Subscriber participates in any chat room, bulletin board or any other forum or similar service within or in connection with ISP, Subscriber shall not: (a) engage in behaviour that violates or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) post or transmit, without ISP express prior approval, material which contains advertising or any solicitation with respect to products or services; (g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or (h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. ISP is not responsible for material submitted to ISP or posted in chat rooms, on bulletin boards or on other forums by users of the ISP. If the Customer is at any time in breach of the requirements of this paragraph, the Supplier may immediately and without notice, and in addition to all other rights and remedies under the Services Agreement and at law and in equity, suspend the supply of any or all Services to the Customer pursuant to the Services Agreement. Any such suspension of the supply of Services shall not constitute a termination of the Services Agreement and shall not excuse the Customer from liability to make the payments to the Supplier required by the Services Agreement during the period that the provision of the Services to the Customer is suspended. The supply of Services pursuant to the Services Agreement shall resume upon the Customer no longer being in breach of the requirements of this paragraph and the payment by the Customer to the Supplier of any and all costs of the Supplier to suspend and restore service and a $500 reinstitution charge. Continued breach of the requirements of this paragraph may result in termination of the Services Agreement pursuant to the provisions of these Standard Terms and Conditions set forth under “Termination of Agreement”.

Privacy

The Supplier cannot guarantee privacy for Internet users. Messages on the Internet may be subject to third party interception and review. The Supplier therefore recommends that the Services not be used for the transmission of confidential information.

Monitoring

The Supplier has no obligation to monitor the Services. However, in order to protect itself, its suppliers and its customers, the Supplier and its suppliers will be entitled to electronically or otherwise monitor the Services and to disclose any information obtained thereby which is required by law or court order. The Supplier and its suppliers will not intentionally monitor or disclose any private e-mail message unless required by law or court order. The Supplier and its suppliers will comply with all privacy and data protection laws when monitoring and disclosing information and agree that such laws supersede the provisions of the Services Agreement in the event of any conflict or uncertainty. Subscriber fully understands that the Supplier actively cooperates with any and all agencies involved in the investigation and/or prosecution of illegal activities. Subscriber agrees to defend, indemnify and hold harmless ISP, its affiliates, directors, officers, employees or agents for all damages and claims that may arise from the subscriber’s use or misuse of the service which damages either the subscriber, ISP or a third party.

Installation Information

It is important that we outline critical dates and expectations around the signing of your SERVICES AGREEMENT by you the CUSTOMER.

First, the pricing provided by us to you is valid for 30 days from the date of your proposal. At the point of receipt of our signed SERVICES AGREEMENT APEXIA will place the circuit orders for the related services required at the location specified on your SERVICES AGREEMENT.

The date that your contract is received is the first day of our installation counter.

There are a few considerations to take into account that are important to consider when signing our SERVICES AGREEMENT.

Port and Facility Check

The services outlined on the SERVICES AGREEMENT are subject to port availability and facility check requirements. If this becomes an issue it may result in the order being delayed or cancelled by APEXIA due to our inability to deliver this service. We would only know this at the time that the ‘firm’ order is placed.

Required Wiring into the Customer Premise

Wiring at customer premise beyond the proposed demarcation point (DEMARC)  is the responsibility of the customer

Required Conduit into the Customer Premise

Any conduit required at customer location beyond DEMARC is ultimately the responsibility of the customer

Construction Delays and Additional Build Costs

Any required construction delays will be communicated to you by your project manager. If there are any additional build costs that are assessed these will be communicated to you which will require your consent to accept in one of two ways

(1) Proposed as a one time construction charge presented as a change order or;

(2) Proposed as an amended monthly payment of this construction charge. At this time and only at this time would be you permitted to cancel the contracted site without penalty for the one impacted site at the SERVICES AGREEMENT.

Cancellation of the impacted site does not mean that you can cancel the entire SERVICES AGREEMENT for other locations especially for those that are:

a) already live or
b) already in construction.

Once the construction delay has been proposed the installation counter will be reset as it will be at this point that the firm order is re-submitted to our provider.

Any change to the SERVICES AGREEMENT or revision in any way may cause the installation counter to reset.

Installation Time Frames

The following are projected and estimated time-frames for each service offering outlined in our SERVICES AGREEMENT.

Service: ADSL / VDSL / TPIA
Installation time frame: Budget 5 to 10 business days

Service: High Speed Cable
Installation time frame: Budget 5 to 10 business days

Service: EOC
Installation time frame: 20 to 30 business days

Service: Wireless
Installation time frame: 30 to 60 business days

Service: T1
Installation time frame: 30 to 60 business days

Service: Point to Point
Installation time frame: 30 to 60 business days

Service: Fibre e10 – e1000
Installation time frame: 30 to 60 business days

Service: Phone Lines
Installation time frame: 15 to 20 business days

Service: Legacy Voice PRI
Installation time frame: 30 to 60 business days

Service: VOIP/SIP Trunking
Installation time frame: 10 to 20 business days

Embargo Period

There are two embargo periods that may impact the dates above. Embargo Periods over the Christmas and New Years’ breaks as well as Revenue Canada Tax Deadline Telecom Embargo. These embargo periods typically impact the network implementation period for these installations. During these embargo periods our respective providers suspend network changes to ensure the highest level of stability to their own networks. Any activations during these periods may be delayed by the following:

Christmas Embargo
Duration: December 15 to January 15
Impact: Network Implementations during this period may be delayed until the end of the Embargo period

Tax Season Embargo
Duration:
April 24 to May 2
Impact: Network Implementations during this period may be delayed until the end of the Embargo period

These dates are dependent on a site facility check for each location noted in the SERVICES AGREEMENT.

Termination of this agreement ‘after’ the circuit is ordered by APEXIA.

If the CUSTOMER terminates this agreement prior to installation of services for whatever reason, CUSTOMER will remain responsible for any costs that are assessed to APEXIA which can include costs outside of APEXIA’s control. These charges can include design, engineering and interim construction charges. CUSTOMER agrees that construction and installation delays are outside of APEXIA’s control and dates and time-lines provided prior to and at the time of signature or estimates only. These charges may also include equipment or services provided by APEXIA for the provided service.

Privacy Policy

Updated: July 6, 2020

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology. However, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Commercial Electronic Messages

You may unsubscribe from receiving email communication from us at any time by clicking the “unsubscribe” link within any email from us. Please note that although you will be unsubscribed from receiving promos, specials and content you may continue to receive purchase and support related notifications such as confirmation emails as long as you are a subscriber to our services or have an active account and balance with us.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us at any of the office locations listed on our website.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Updates for General Data Protection Regulation (GDPR)

APEXIA recognizes that there are updates for General Data Protection Regulation or GDPR that are helpful or necessary for our users. GDPR requires more detailed disclosure about exactly how users’ personal data is handled, including any third-parties that we may share your data with.

APEXIA does not utilize directly any third-party services for advertising, analytics, and payment processors on our own site. For payments we have an explicit payment process and structure that has been identified with you at the time that you purchased services from us. These details are available through our Terms and Conditions which can be viewed here https://apexia.ca/policies.

From time to time, and when required by or requested by proper authorities, APEXIA may be required to collect or process data when required by law and requested by an authority of law such as in the event of a court case. These details are available to our users as they are contained in our Acceptable Usage Policy (AUP) – Internet Services which outlines the Prohibited Uses of Apexia’s Network, Products and Services. It can be reviewed here https://apexia.ca/policies and is governed in our Terms and Conditions that we noted above.

Terms and Conditions

The following terms and conditions apply to Apexia Voice and Data (“Apexia”) provision of services outlined in this agreement (the “Services”) and sets out the basic rights, obligations and limitations of Apexia to its Customers (the “CUSTOMER”). All of the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both Apexia and the CUSTOMER and are subject to change from time to time at the sole discretion of Apexia, without any prior notice to the CUSTOMER.

1.    Services

Apexia agrees to supply the services described in SERVICES AGREEMENT  (the “Services”) in accordance with the terms of this Agreement.  CUSTOMER agrees to receive the Services from Apexia in accordance with the terms of this Agreement.

2.    Term

This Agreement shall commence on the Effective Date and shall remain in effect for the period outlined in SERVICES AGREEMENT (“Term”) unless terminated by either party as permitted by this Agreement. The Term of each service will commence upon completion of the installation for each service location outlined in the SERVICES AGREEMENT and billing will begin for that location once the service has been installed. This Agreement will automatically renew for successive terms equal in duration to the initial Term unless written notice is provided by either party to the other at least sixty (60) days prior to the expiration of the initial Term or any renewal Term, as the case may be, in which case the contract will expire on said expiration date. Upon termination of this Agreement, the CUSTOMER will return to Apexia all property that is owned by Apexia and has been installed at the CUSTOMER location for the purpose of providing the Services.

3.    Compensation

3.1    All Services provided are invoiced monthly in advance. The first invoice will be issued by Apexia upon receipt of this Agreement signed by the CUSTOMER. Subsequent months will be invoiced in advance once the Services have been established and are available for use by the CUSTOMER. Apexia shall invoice the CUSTOMER based on the rates indicated in SERVICES AGREEMENT Section of this Agreement for the Services to be provided in that month and, except for payment of the first invoice, which must be paid by CUSTOMER to Apexia before commencement of the Term, the CUSTOMER shall pay all invoices within thirty (30) days after the date the invoice is issued. Upon thirty (30) days or greater written notice prior to the end of the Term, Apexia may change any fees payable under this Agreement. CUSTOMER is solely responsible for payment of any taxes (including without limitation sales, use, capital, intangible and property taxes) resulting from the CUSTOMER’s purchase or use of the Services. CUSTOMER agrees to hold harmless Apexia from all claims and liability arising from CUSTOMER failure to report or pay such taxes in a timely fashion.

3.2    Some services and rates provided by Apexia are governed by certain regulatory filings. These filings are demonstrable by referencing the corresponding authority such as the CRTC in Canada, the FCC in the United States and others internationally.  If any of these filings are revised, and all parties are impacted equally, Apexia reserves the right to amend our pricing to accommodate any material change of our pricing structure if the impact is deemed material. Material is deemed to be any amount in excess of two percent. For purposes of interpretation, this will be treated similarly to how taxes are levied and revised within term.

3.3    Invoices outstanding for more than twenty-five (25) days shall bear interest at a monthly rate of three percent per month and such interest charges shall accrue from and after the due date of payment to the date that payment is made to Apexia.

3.4    In the event of non-payment of an invoice, Apexia may, in addition to all other rights and remedies under this Agreement and in law, suspend the provision of any or all Services.  Any such suspension of Services shall not constitute the termination of this Agreement. If Apexia is required to bring legal action for the recovery of any amounts due hereunder, the CUSTOMER agrees to be responsible for, and to reimburse Apexia for, the payment of reasonable legal fees and costs incurred by Apexia.  In the case of late payment of an invoice, or if Apexia is concerned regarding the CUSTOMER’s credit worthiness, Apexia reserves the right to require the CUSTOMER to enter into on a pre-authorized Payment plan to mitigate the potential of non-payment. In such circumstances, the CUSTOMER shall authorize the payment to Apexia from a Canadian credit card issuer or similar institution acceptable to Apexia, of a fixed monthly amount that will not exceed the recurring or delayed charges included in the price payable each month during the Term.

3.5    All invoicing will be sent to the CUSTOMER that is indicated on the signed SERVICES AGREEMENT.

4.    Termination

4.1    Upon giving sixty (60) days prior written notice to Apexia, the CUSTOMER may, during the initial Term or any renewal Term and without cause, terminate:  (a) any one of the Services specified in this Agreement or (b) this Agreement; provided, however, that in either case, the CUSTOMER shall pay Apexia, upon written demand in one lump sum as liquidated damages and not as a penalty, 100 percent of the total monthly revenue for the terminated Services multiplied by the number of months and any portions thereof remaining in the Term.

4.2  CUSTOMER acknowledges that there are set-up costs that are individual to the customer and must be re-couped under this Agreement and agrees that this provision is a pre-estimate of damages and not oppressive.

4.3    Apexia may terminate this Agreement upon written notice to the CUSTOMER if:  (a) the CUSTOMER commits any act of bankruptcy within the meaning of the Bankruptcy and Insolvency Act (Canada), if any bankruptcy or insolvency proceeding is taken against the CUSTOMER, if the CUSTOMER makes any voluntary assignment for the benefit of its creditors, if a receiver takes possession of any of the CUSTOMER’s property, or if the CUSTOMER ceases to carry on business in the normal course; or (b) the CUSTOMER fails to make full payment of any invoice within sixty (60) days after the date of the invoice; or (c) the CUSTOMER fails to cure to Apexia’s sole satisfaction any material default under this Agreement, which default is not cured to Apexia’s sole satisfaction within fifteen (15) calendar days of receiving written notice describing the nature of such default from Apexia.

4.4     If the CUSTOMER terminates this agreement prior to installation of services for whatever reason, CUSTOMER will remain responsible for any costs that are assessed to Apexia which can include costs outside of Apexia’s control. These charges can include design, engineering and interim construction charges. CUSTOMER agrees that construction and installation delays are outside of Apexia’s control and dates and time-lines provided prior to and at the time of signature are estimates only. These charges may also include equipment or services provided by Apexia for the provided service.

4.5     At termination or at the end of the agreement, and at the request of Apexia, the customer is responsible for the return of any and all Apexia provided equipment including Routers, IP Phones, Analogue Terminal Adapters and other items indicated at the time of the request. Failure to do so within 60 days of the request by Apexia may result in additional one time charges for the replacement value of the equipment. CUSTOMER is responsible to obtain the appropriate size box and packing material, packing the equipment securely to prevent shifting or damage and will ensure that equipment is wrapped with at least two layers of packing material and place in the box. CUSTOMER also agrees to return the equipment using a traceable carrier, such as FedEx, UPS or USPS and provide the tracking number.

4.6     In the event of breach and cancellation of a WHOLESALER for non-payment, WHOLESALER accounts at termination in addition to other collection remedies available to Apexia, Apexia reserves the right to sell, assign or bill direct any or all of the customers associated with the WHOLESALER account to recover and mitigate damages.

5.    Indemnity and Waivers

5.1    The CUSTOMER shall indemnify and save Apexia, or their respective directors, officers, employees and agents harmless from and against all loss, liability or damages of any type and expense, including without limitation reasonable legal fees and disbursements, arising from any and all claims by any third party, including without limitation end users and distributors (collectively, the “Third Party”), in connection with the use of the Services (and related equipment) by the CUSTOMER or any Third Party or in connection with the CUSTOMER’s failure to comply with its obligations under this Agreement, whether the failure is attributable to the CUSTOMER’s, or one or more other person’s, use of the Services with or without permission of the CUSTOMER.

5.2    Under no circumstances shall Apexia, or their respective directors, officers, employees and agents, be liable to the CUSTOMER for any incidental, special or consequential damages, expenses, costs, liability, loss or damage whatsoever.

5.3    Neither Apexia, nor their respective directors, officers, employees and agents, shall be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this Agreement or the provision of the Services, even if the Apexia has been advised of the possibility of such loss.

5.4    Apexia, its affiliates, their successors and assigns, and their respective directors, officers, employees and agents, are not liable for any failure or delay in performance here under if such failure is due, in whole or in part, to any cause beyond Apexia’s reasonable control.

5.5    This section shall apply even in the event of a breach of condition, a breach of an essential or fundamental term or a fundamental breach of this Agreement. The indemnities contained within this section shall survive termination of this Agreement for the maximum time period permitted by law.

6.    Change Request for Service

6.1    If the CUSTOMER wishes to order additional services or make a change to the Services:

a)     the CUSTOMER may submit to Apexia a change request in writing via email, detailing the change in the Services being requested;

b)     Apexia will respond to the CUSTOMER in writing via e mail within ten (10) business days of receipt of the Change Request (the “Estimate”), stating whether the change may be made, and if so, specifying the estimated cost and time required to implement the change and the impact, if any, of the change on the Services otherwise such change will not be made and this Agreement will remain unamended.

7.    CUSTOMER Equipment & Infrastructure

7.1    Apexia will provide a network service, connected at a point of demarcation, usually at a termination panel located in proximity to either the telecommunication or electrical service entrance at the CUSTOMER’s place of business.

8.    CUSTOMER Obligations

8.1    Subject always to any other term of this Agreement, the CUSTOMER shall:

a)     provide Apexia and its employees, agents and representatives with access to conduit, cables, termination panels and any other equipment located on private property to which access is required or desirable to provide the Services;

b)    provide Apexia with 24 hour/day, 7 days/week access to their premises as required to provide and/or repair the Services;

c)    be responsible to provide first line support personnel who will be the interface between Apexia and the CUSTOMER for all services performed as part of this Agreement;

d)    notify Apexia of the CUSTOMER due date for moves, adds and changes; and

e)    obtain written consent for moves, adds, and changes from Apexia;

f)    review our service schedules that outline additional terms and conditions around the use of our service. It outlines both our obligations to you and limits our liability and exposure. These can be viewed at locations specified below:

For information on installation dates, time-frames and expectations that are to be communicated when any service is ordered from Apexia.

https://apexia.ca/policies Click on “Installation Information”.

For information on Apexia’s Acceptable Use Policy or AUP

https://apexia.ca/policies Click on “Acceptable Use Policy”.

For information on our Service Level Objectives for our broadband products

https://apexia.ca/policies Click on “Service Level Objectives”.

9.    Restrictions on Use of Services

9.1    The CUSTOMER shall use the provided service in accordance with the terms and conditions outlined in Apexia’s standard Acceptable Use Agreement. This agreement can be viewed at https://apexia.ca/policies Click on “Acceptable Use Policy”.

10.    Permitted Service Suspension

10.1    The CUSTOMER agrees that it may be necessary for Apexia to temporarily suspend service for technical or maintenance reasons, the timing of which, other than emergency maintenance, will be agreed upon in advance.  The parties may agree to regularly scheduled maintenance windows for this purpose.  Such a suspension of service will not be considered Network unavailability for the purposes of the Uniform Terms and Conditions hereto.

10.2    Without incurring liability, Apexia may immediately and without notice: (i) discontinue or suspend the Services; (ii) cancel a request for the Services; or (iii) temporarily block service to a particular jurisdiction, sector, authorized code or other criteria, as Apexia determines, if Apexia deems such action is necessary, either to prevent improper use, as outlined in this Agreement, or to protect against fraud or the commission of suspected illegal activities, or to otherwise protect its personnel, agents, facilities or services.

11.    Compliance with Laws

The CUSTOMER agrees to comply with all applicable laws relating to the use of the Services.  Without limiting the generality of the foregoing, the CUSTOMER shall not use the Services to upload, download or transmit any illegal content.

12.    Confidentiality

The CUSTOMER agrees that the terms and provisions of this Agreement shall remain strictly confidential and may not be disclosed to any third party without the express written consent of Apexia, which consent may be arbitrarily withheld.

13.    Governing Law

This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. CUSTOMER and Apexia attorn to the exclusive jurisdiction of the Courts of Ontario and CUSTOMER and Apexia attorn to the exclusive venue for litigation of Barrie, Ontario, Canada.

14.    Force Majeure

Apexia shall not be liable for failure to perform or delay in performance of its obligations due to fire, flood, extreme weather, strike or other labour difficulty, act of God, act of any governmental authority or of the CUSTOMER, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Apexia’s reasonable control.  In the event of delay in performance due to any such cause, the date of delivery, time for completion or performance of the Services will be extended by a period of time reasonably necessary to overcome the effect of such delay.

15.    Notice

Every notice, approval, request, authorization, direction or other communication under this Agreement may be given in writing to the party at the address set out on the first page of this Agreement for such party and will be deemed to have been delivered and given for all purposes (i) two business days after deposit with a commercial overnight carrier, with written verification of receipt; or (ii) five business days after deposit at a post office for delivery by registered mail, with written verification of receipt; or (iii) upon completion of transmission, if sent via facsimile, with a confirmation of successful transmission; or (iv) by e-mail for the purposes of section 6.1 a) herein

16.    Severability

The invalidity or non-enforceability of any portion or provision of this Agreement shall in no way affect the validity or enforceability of any other portion or provision hereof.  Any invalid or unenforceable portion or provision shall be severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provision.

17.    Assignment

This Agreement shall be binding on Apexia and CUSTOMER and their respective successors in interest and assigns.  CUSTOMER shall not have the power to assign or subcontract this Agreement without the prior written consent of Apexia.

18.    Receivables Assignment

Apexia, at its sole discretion, shall have the right to assign monies payable under this Agreement to a Financing Partner whether pursuant to a lease, a conditional sale, receivable sale or otherwise, (a) all or any part of the payments due under this Agreement; and (b) Apexia’s rights under this Agreement to any Product provided for in this Agreement, in such case to secure its obligations in connection with the financing of and or provision of such Product. CUSTOMER shall make all payments under this Agreement to Apexia provided that Apexia is not in default (“Default”) of an assignment agreement with a Financing Partner for all or part of the payments under this Agreement.  In the event of a Default, the Financing Partner may notify CUSTOMER of the Default and direct CUSTOMER in writing to remit the payments under this Agreement directly to such Financing Partner. Upon receipt of and in accordance with such notice and direction, CUSTOMER agrees to make the payments under this Agreement directly to the Financing Partner.  The CUSTOMER will be required to sign an acknowledgement with respect to their concurrence with said assignment and direction to make such payments directly to the assignee in the event of a default by Apexia.

19.    Survival

All terms and conditions of this Agreement, which by their nature extend beyond the terms hereof or which are required to ensure that Apexia and CUSTOMER fully exercise their rights and perform their obligations hereunder, shall survive the completion or earlier termination of this Agreement.

20.    Enurement

This Agreement shall enure to the benefit of and be binding upon Apexia and CUSTOMER and their respective successors and permitted assigns.

21.    Entire Agreement

The terms and conditions set forth in this Agreement constitute the full and final expression of the sale of the Services to the CUSTOMER by Apexia.  This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto.

22.    Modification

Apexia reserves the right to modify this agreement from time to time.  CUSTOMER agrees to review the Terms and Conditions periodically to ensure CUSTOMER is apprised of the terms of service contained within the Terms and Conditions.

23.    Relationship

The relationship of Apexia to the CUSTOMER will be that of an independent contractor, and neither Apexia nor any employee of Apexia will be deemed to be an agent or employee of the CUSTOMER.

24.    Confidentiality

The receiving party agrees that it shall not use the Confidential Information of the disclosing party other than as required for the performance of this Agreement, and shall take all reasonable security measures to protect against unauthorized access, such measures to be of the same standard of care as the receiving party uses for its own Confidential Information and in any event no less than a commercially reasonable standard of care.   Upon request, the receiving party shall return all tangible material concerning the Confidential Information of the disclosing party.

Service Level Objective (SLO)

Network Performance

“Performance” is the measure of the quality of the Services during the time that the Services are available for use, established by counting the number of error seconds that occur within the 24 hour period of a calendar day.  The Performance objective of APEXIA is to provide the CUSTOMER with a minimum of 97.8 Percent error free seconds, that is, no more than 1900 errors in a 24-hour period, averaged over the period of the twelve months of a calendar year.  Errors caused by Force Majeure or by the CUSTOMER shall not constitute error seconds.

Network Availability

“Availability” is the measure of the time during which the Services are available for use by the CUSTOMER, determined by subtracting the time that the Services are not available for use by the CUSTOMER (“Outage Time”) from the total time that the Services could be available for use by the CUSTOMER.  Outage Time begins when the CUSTOMER releases a faulty circuit to APEXIA for repair and ends when the circuit is returned into service for the CUSTOMER.  Transient service degradation of short duration, which is cleared before any repair action is taken, and outages due to scheduled routine maintenance or to Force Majeure do not constitute Outage Time.  The Availability objective of APEXIA is 99.7 Percent averaged over the period of the twelve months of a calendar year, that is, the total Outage Time in a 365 day period should not be greater than 26.28 hours.

Multiple Locations

Where the Services are provided to more than one location of the CUSTOMER, Performance and Availability shall be calculated as an average for all locations of the CUSTOMER.

Performance and Availability Discount

If APEXIA’s objective for Performance or Availability is not achieved with respect to the twelve (12) months of any calendar year, then the CUSTOMER shall be entitled to a discount in the prices to be paid by the CUSTOMER for the Services provided by APEXIA to the CUSTOMER pursuant to this Agreement during the next calendar year equal to the lesser of the percentage by which the actual percentage Performance or Availability was less than the percentage objective therefor.  This discount in prices shall be the only liability of APEXIA to the CUSTOMER for APEXIA not achieving APEXIA’s objectives for Performance and/or Availability

Transport Overhead

Transport service (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Symmetrical and Duplex Service

Unless otherwise indicated in the Agreement, the Services are “symmetrical” (that is, the rate of reception is not less than the rate of transmission set forth in this Agreement, if any) and “duplex” (that is, transmission and reception may occur at the same time).  APEXIA shall be liable to the CUSTOMER for loss of symmetrical and/or duplex service to the extent only of: (i) restoration of symmetrical and/or duplex service, as the case may be; and (ii) a credit to the CUSTOMER equal to the charges invoiced to the CUSTOMER for the Services affected by the loss of symmetrical and/or duplex service for the period during which the Services are affected by the loss of the symmetrical and/or duplex service, which shall be the CUSTOMER’s sole remedies for loss of symmetrical and/or duplex service.

Dark Fibre

If the Services include the provision of dark fibre, APEXIA takes no responsibility for the strength, quality or content of any signal or current resulting from or occurring as a result of the CUSTOMER’s connection to or use of such dark fibre.

CUSTOMER’s Equipment & Obligations

Subject to contrary provision in the Agreement, the CUSTOMER shall: (i) be solely responsible for the provision and maintenance of all equipment on the CUSTOMER’s side of the Point of Demarcation; (ii) ensure that the CUSTOMER’s equipment is installed and maintained in accordance with the manufacturer’s specifications, with the reasonable requirements of APEXIA and of APEXIA’s suppliers and with the requirements of the Canadian Standards Association and any other regulatory body having jurisdiction; (iii) provide all necessary infrastructure including, without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of APEXIA’s equipment located on the CUSTOMER’s property or premises; (iv) provide personnel who will be the interface between APEXIA and the CUSTOMER for the purposes of this Agreement; (v) notify APEXIA of the CUSTOMER’s due date for moves, adds and changes, which must be approved by APEXIA in writing; (vi) not re-arrange, disconnect, remove or otherwise tamper with APEXIA’s equipment or facilities; (vii) use interconnection equipment compatible with the equipment of APEXIA; (viii) not use the name of APEXIA or of any of the suppliers of APEXIA for any marketing or other purposes without the prior written approval of APEXIA; (ix) comply with all laws, regulations, rules, codes, guidelines, licenses and other governmental or regulatory mandates applicable to APEXIA and/or the CUSTOMER relative to the Services; and, (x) not use the trademarks, service marks, trade names, tag lines, slogans and/or any other right in or to the identity of APEXIA or APEXIA’s suppliers.

Access

The CUSTOMER is responsible for: (i) providing APEXIA and its employees and representatives with prompt and safe access, during and after business hours, to the CUSTOMER’s property and premises, to the cables, termination panels and any other equipment located on the CUSTOMER’s premises and to other private property; and, (ii) obtaining and maintaining all Property rights that APEXIA needs in order to connect APEXIA’s facilities to the CUSTOMER’s facilities.  Outage Time for the purposes of determining Availability shall not include any time that APEXIA or its employees and representatives are unable to access premise or contact on-site personnel.

Service description

Service Level Objectives and Specifications: All Services under the Services Schedule will be provisioned in accordance with the Service Level Objectives (the “SLOs”) indicated in the table below. There are no SLO’s or guarantees associated with any SIP Trunk, Internet, PRI or DID Services. Customer acknowledges and agrees that APEXIA has no obligation to monitor any third party delivered element or component of Internet, PRI or DID Services, and Customer accepts these Services without any warranty whatsoever, including any express or implied warranty of fitness for purpose, merchantability, availability or reliability of the Internet, PRI or DID Services. APEXIA will use commercially reasonable efforts to provide the Services specified above in the Services Schedule in accordance with the SLOs. Notwithstanding anything to the contrary in this Agreement or the Services Schedule, failure of APEXIA to provide the Services specified in the Services Schedule in accordance with the above SLOs shall not constitute a default under this Agreement and APEXIA shall not be liable to pay to the Customer any credits, penalties or damages for APEXIA’s failure to meet such SLOs; provided however, that in the event of a consistent failure to meet or achieve such SLOs, APEXIA shall, upon request by the Customer, investigate the failure and advise the Customer of what actions, if any, APEXIA will undertake to minimize such failures in the future.

SERVICE CLASS AND PERFORMANCE OBJECTIVES

Transparent LANs or LAN Extension Services With or Without Internet
APEXIA provided service level objectives are defined under the following Service Classifications:

Type 1: ADSL – (With or Without Internet Transit)

“ADSL” provides an asymmetric service level speed objective of approximately 6.0 mbps downstream and 800 kbps upstream. Because this service is distance dependent – no actual speed objective is provided or guaranteed. This service level is available as a private network or with Internet Services. Some markets provide for service speed greater than what we have posted here. In all cases, it is to be considered an ‘up-to’ service.

Where a Cable, TPIA or Ethernet over Cable offer is available, a similar service level speed statement would apply equally.

A UBR (Unspecified Bit Rate) for Best Effort delivery with defined shaping level is used.
The underlying Transport service provided by the Telco (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Bandwidth in this service class in not guaranteed since it is dependent on third part variables such as available Third party transport; distance from the Telco provided central office and other conditions that are beyond the control of APEXIA.

Type 2: E10, 100, 1000 (With or Without Internet Transit)

This is our typical circuit that we provide.

An “E10” ,“E100” or “E1000” Noted Service Level Connection Speed Connection speed represents the speed of a connection and does not represent a guarantee of available end-to-end bandwidth. A service level marked with E10, E100 or E1000 depicts a Class 2 circuit and it is this class of circuit that is used as a default configuration for all Internet and MPLS Services. It provides for a Telco provided Fibre Optic Access (Fibre Loop connecting the customer site to our Internet and / or MPLS Point of Presence) as well as a Telco provided Permanent Virtual Circuits (PVC) or Virtual LANs (VLANS). For A E10, E100 or E1000 service, a UBR (Unspecified Bit Rate) for Best Effort delivery with defined shaping level is used.

The underlying Transport service provided by the Telco (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Type 3: E10 / E100 / E1000 Premium (With or Without Internet Transit)

An “E10 Premium” or “E100 Premium” or “E1000 Premium” Noted Service Level Connection Speed Connection speed represents the speed of a connection and does not represent a guarantee of available end-to-end bandwidth. It provides for an over provisioned Telco provided Fibre Optic Access (Fibre Loop connecting the customer site to our Internet Point of Presence) as well as an over provisioned Telco provided Permanent Virtual Circuits (PVC). For A E10 or E100 service, a UBR (Unspecified Bit Rate) for Best Effort delivery with defined shaping level is used but sized accordingly to provide 100 Percent of the specified bandwidth quoted while taking transport overheads into consideration.

The underlying Transport service provided by the Telco (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Type 4: E10 / E100 / E1000 Private (Dedicated) (With or Without Internet Transit)

An “E10 Private” or “E100 Private” or “E1000 Private” Noted Service Level Connection Speed Connection speed represents the speed of a connection and does not represent a guarantee of available end-to-end bandwidth. It provides for a Private (Dedicated) Telco provided Fibre Optic Access (Fibre Loop connecting the customer site to our Internet Point of Presence) as well as a Private (Dedicated) Telco provided Permanent Virtual Circuits (PVC).  For an E10 or E100 service, a Private (Dedicated) for dedicated delivery with defined shaping level is used but does not take transport overheads into consideration.

The underlying Transport service provided by the Telco (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

TESTING TOOLS

The APEXIA Internet Core has been designed and engineered to have sufficient Interfaces with upstream provider(s) to accommodate users of our network. Every attempt is made to have sufficient standby capacity using industry accepted over-subscription methods in order to accommodate the Internet that has been provisioned under this service class.

There are many sites on the Internet that offer Internet speed tests and broadband speed tests can be performed using various methods.  Some sites use standard information provided by basic tests and then make an approximate guess as to what your current speed is.  Other’s may manufacture or impact the resulting numbers by using factors because their site might not have enough local native bandwidth to provide accurate results. It is important to note that measurement of effective throughput is only available using APEXIA provided testing methods.  The results of these tools, either our own or third party will not be used to validate available bandwidth.

Service Compatibility / Incompatibility

Alarm Security SystemsThe APEXIA provided phone service may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your APEXIA Phone service.

Fax Machines The APEXIA Phone service can work with most fax machines, however due to various machine configurations, Internet connectivity and bandwidth fluctuations, faxing using your fax machine and your Home Phone service is provided on a best-efforts basis and APEXIA assumes no liability whatsoever and provides no guarantee that faxing will work.

Call BlockingSome countries block Voice Over IP (VoIP) services and your APEXIA Phone service may not work if your relocate it to a country that blocks VoIP service. APEXIA assumes no liability due to blocked VoIP traffic.

Call Per Second Blocking / DialerAPEXIA SIP Channels and Cloud PBX are designed for traditional enterprise use. This means we follow a traditional Call Per Second model. Calls Per Second or CPS refers to how many telephone calls can be handled in a second.

For Outbound calls, by default, all accounts come with 3 calls per second per account. If you require an increase in number of calls you can make per second for your account, please contact our sales department.  It is important to note that due to extra costs incurred by carriers and server providers, a minimum commitment is required, depending on the number of calls per second you request.

Our calculation for CPS would look like this:

100 Channels Purchases @ 3 Percent CPS Allocation = 3 calls per second

  • In order to achieve 10 CPS you would require 334

  • In order to achieve 20 CPS you would require 667

  • In order to achieve 30 CPS you would require 1000

  • In order to achieve 40 CPS you would require 1334

  • In order to achieve 50 CPS you would require 1667

  • In order to achieve 60 CPS you would require 2000

For a metered service, the required channels are similar to the above. If order to increase your CPS on a metered arrangement.

500,000 minutes per month = 3 CPS Allocation

  • In order to achieve 10 CPS you would require 1,666,667

  • In order to achieve 20 CPS you would require 3,333,333

  • In order to achieve 30 CPS you would require 5,000,000

  • In order to achieve 40 CPS you would require 6,666,667

  • In order to achieve 50 CPS you would require 8,333,333

  • In order to achieve 60 CPS you would require 10,000,000

For Inbound calls, by default, there is no limit on the number of inbound calls your number can receive per second: however, please note that, due to certain carrier restrictions, majority of incoming calls on a single number must be answered and should not be used for services like missed call services.

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