-Service Fees, Payments & Notices Policy

This Service Fees, Payments & Notices Policy governs the usage, delivery, invoicing & payment policies for all products and services (collectively, the “Services”) offered by FiberConX, as may be further described in any written proposal submitted by FiberConX to you or any service order forms submitted by you and accepted by FiberConX (collectively, the “Service Order Form”).BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY AND AGREE THAT YOU AND YOUR AGENTS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS POLICY.

1) Service Commencement

Charges for services will commence on the date that the Service is ordered (the “Order Date”). Unless otherwise agreed to by you and us, we will bill you monthly. Invoices will be delivered by email to the primary email address associated with your Account. All communication for the purpose of billing or legal notice may be made by email or delivery to the primary postal address associated with your account, which shall be deemed to be the last billing and/or service address(es) that you have provided to us.

2) Account Charges

You are liable for all charges to your Account, including without limitation, installation fees, change fees, reinstatement fees, Equipment purchase and/or rental fees, Software licences, fees for the provision of Services, ETFs (as defined in Early Termination Fees) and administrative fees (collectively, “Service Fees”), and these are due and payable in full from the date of your invoice or statement.

3) Demand For Payment

We may request immediate payment in extreme situations, provided we have notified you and the abnormal risk of loss has substantially increased since that notice was given or we, at our sole discretion, have reasonable grounds for believing that there exists an intention to defraud us.

4) Authorized Payments

Where we provide the option to pay Service Fees by credit card, debit card or by pre-authorized payment, and you designate one of these to us for payment, you hereby authorize us to charge that credit or debit card, or debit that financial institution account, every time we render you an invoice, for up to the full amount of the invoice.

1. For recurring credit card payments, when you subscribe you must provide us with a valid credit card number, and related required information we request. That lets us charge the credit card on a recurring basis.
2. For recurring bank account debits, if we make these available and you opt for them, then when you subscribe you must provide us with the particulars of the financial institution account to be debited: transit number, institution number, account number, and related required information. That lets us debit the financial institution account on a recurring basis. We may also need a completed Pre-Authorized Payment form that we provide to you.
3. It is your responsibility to ensure that the credit card or financial institution account information that you provide to us remains valid and current and that we are able to continue charging or debiting it to pay your bill. If you do not do this, or if your payments are in arrears, we may suspend or terminate your Services or Account without any further notice to you, triggering payment of the Early Termination Fees described below.

5) Late Fees and Overdue Invoices

If payment of an amount due on your Account is not received by us within 30 calendar days of the invoice’s Invoice Date as shown on the top left corner of the invoice, it will be considered a delinquent amount and will be subject to a late payment charge (Late Fee) of 3.5% per month, calculated and compounded monthly on the delinquent amount from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You, as a Customer, agree that you will pay all invoices on time including any and all Late Fees. You also agree that we can charge any unpaid and outstanding amount, including any Late fees, on your Account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges on your account.

6a) Suspension of Services

If a payment of an amount due on an Account is considered delinquent or your Account is routinely delinquent, FiberConX may, at it’s sole discretion, (a) temporarily remove administration access to your account, (b) temporarily disable your account, or (c) provide you with 30 days notice that we are closing your Account.

6b) Suspension of Services – Voice Services only

If an Account is considered delinquent more than four times per calendar year, FiberConX may, at it’s sole discretion, provide 15 days notice of account closure and cancel all phone numbers associated with the delinquent account. FiberConX may allow the Account owners to purchase the associated phone numbers for out-porting at a service fee. Under no circumstances will the out-porting of any phone numbers be granted without payment in full of all outstanding invoices plus a service charge of $150 plus applicable taxes

7) Administrative Charges

Administrative charges may be levied for unusual administration or account processing activities in connection with your Account, including as a result of the following:

1. Collection efforts due to non-payment or having a balance over your credit limit, including un-billed usage and pending charges, fees and adjustments;
2. Returned or rejected payments;
3. Change of any Account information (e.g., phone number, email, address); and
4. The restoration of Service.

A list of such charges, as amended from time-to-time, is available on request, and is incorporated into these Terms of Service by reference.

8) Dispute Period

Any questions or discrepancies regarding Service Fees must be reported to us within 60 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such Service Fees.

9) Early Terminate Fees

Unless otherwise set out in the Governing Documents, if you agree to subscribe to one of our plans or Services for a committed period of time (the “Contract Period”), you may be subject to an early termination fee (“ETF”) for each Service. Any decrease in your Contract Period may be subject to a fee. If your Service is terminated prior to the end of the Contract Period, you will pay us an ETF as specified in the Agreement, plus taxes.

10) Account Changes

Changes to your Account (e.g., price plan, features or identifiers) may not take effect until after your next billing date.

11) Equipment

All Equipment installed or provided by us, except Equipment purchased outright by you, remains our property and you agree to return such Equipment to us promptly when you no longer subscribe to the Service(s) in respect of which the Equipment was provided to you or when the Agreement is terminated. While in your possession, our provided Equipment may be charged to you as part of your Service Fees. We may require you to pay an Equipment deposit prior to providing you with Equipment. You agree to pay us the cost of any Equipment not returned to us upon disconnection or loss, together with any costs incurred by us in seeking to obtain possession of such Equipment. We may charge you all costs relating to repair or replacement of damaged Equipment.

12) Service Termination

Subject to our cancellation and early termination policy set out above, fees and charges for partial months of Service use will not be prorated.

13) Third Party Services

The use of certain Services may require you to obtain other telecommunications services and incur additional charges related to the service. In such cases, you are solely responsible for the payment of all charges associated with your use of such other telecommunications services, whether you obtain such other services from us or other suppliers.

14) Payments

Automatic credit card withdrawals are processed on the 1^st to 5^th of every month unless a different, pre-existing arrangement exists.

A $30 service charge will be levied for returned payments regardless of cause, including but not limited to:

• NSF
• Closed bank account
• Frozen funds
• Stopped/Recalled Payments
• Credit Card or Debit Visa Chargebacks

Returned payments and the associated service charges may be reflected on your account balance up to 45 business days after payment withdrawal.