service terms

Service Terms Of Geneva System

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Geneva System TERMS OF SERVICE

Updated March 20, 2024

Introduction
Thank you for choosing Geneva System!

By using or subscribing to any of Geneva's services*, including its Internet and/or digital phone services and any related services (collectively or individually, the "Services") provided by any of Geneva Limited or its or their partners and/or associates (collectively, "Gen"), you agree to the following terms and conditions of service (the "Terms of Service"):

These Terms of Service constitute the understanding between Geneva ("Geneva" or "our") and the customer ("you" or "your") subscribing to all or any of the Services. These Terms of Service govern the Services and any devices and/or equipment, including, without limitation, ethernet devices, digital cable terminals, digital video recorders and software used in conjunction with the Services ("Equipment"). You acknowledge that the Equipment may be purchased by you and become “Your Equipment” (as defined below under the heading “Equipment, Installation, Maintenance and Return Responsibilities”) or be provided to you by Geneva under a rental arrangement, in which case the Equipment shall be referred to as the "Rental Equipment", and for clarity such rental arrangement forms part of the Services. By activating the Services, you acknowledge that you have read, understand, and agree to these Terms of Service as set out below. Geneva recommends that you print a copy of these Terms of Service and the Acceptable Use Policy applicable to the Services to which you subscribe. If you are not an Internet service subscriber, you may contact Geneva at any time to obtain a printed copy of these Terms of Service.

If you do not wish to be bound by these Terms of Service or any modifications which may be made by Geneva from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact Geneva.

In addition to the terms contained in these Terms of Service, these Terms of Service are also subject to the terms and conditions set out in the Geneva Acceptable Use Policies applicable to the Services, and available at www.genevasys.com, or as may be required by statute or regulation.

YOUR NON TERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES MADE TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AS MODIFIED BY SUCH CHANGES.

The customer can obtain more information about the Services and these Terms of Service by contacting Geneva's customer services at the telephone number(s) shown on the front of your billing invoice. You may also contact Geneva through Geneva's local branches listed in the Contact Us section on Geneva's web site at www.genevasys.com or the telephone directory.

*The details of the various Services packages, including other products and services offered by Geneva, can be found on our web site at www.genevasys.com. Geneva may, at its discretion, make changes to the Services from time to time, including changing Services fees or channel placement, introduce and/or substitute new basic and tier packages of Services and change the Services in and prices of existing packages of Services.

Use of the Services

The Services may only be used in accordance with the Geneva Acceptable Use Policy applicable to such Services.
The Equipment, technology and/or processes provided to you may be subject to intellectual property rights reserved by Geneva or third parties. Nothing contained in these Terms of Service shall grant to you any right, license, title or ownership of, in or to any intellectual property rights of Geneva or any third party in such Equipment, technology or processes.
Geneva, the Geneva logo and certain product or service names are registered trade-marks or trade-marks of Geneva System. You agree not to copy, display or use in any manner any of Geneva's trade-marks without Geneva's express prior permission. Other product, information or company names mentioned in these Terms of Service may be the registered trade-marks or trade-marks of their respective owners.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and certain programming and Geneva shall not be liable for the same, nor is Geneva granting you any rights in that regard whatsoever.

Content

Geneva does not warrant the condition or content of any programming you are able to view with Geneva's Services or the content you are able to access on the Internet through the use of Geneva Internet Services. You acknowledge that there may be programming content or other content that you may find offensive and you agree.

that your viewing and/or use of such content is at your own risk. Some programming and/or content may not be suitable for minors and you agree to supervise all minors whom you permit to view the programming and/or access the content from the Internet through your account with Geneva.

Service Interruption/Geneva's Right of Entry

Geneva and/or its agents may interrupt and/or inspect the Rental Equipment and/or the Services at any time for any duration of time, without notice or liability to you, in order to install, inspect, repair, replace or perform necessary maintenance on the Rental Equipment, its facilities and/or network, or for other technical reasons as may be required.
You agree to provide Geneva access to the Rental Equipment (including reasonable access to the location the Services are provided ("Service Location") as may be reasonably necessary under the circumstances. Geneva's employees/agents will show identification prior to entering the Service Location. Geneva is only required to provide you reasonable notice if Geneva needs access inside the Service Location. If you are not the owner of the Service Location, it is your responsibility to obtain and maintain access rights for the purpose of enabling Geneva employees and/or agents to install, maintain and provide the Services at such Service Location.
You understand that the Services do not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require Geneva to reset or reconfigure the Rental Equipment, its facilities and/or network to reactivate the Services.

IMPORTANT:
Geneva does not warrant uninterrupted use of the Services and will not apply any rebate for service interruptions.

Equipment, Installation, Maintenance and Return Responsibilities

Geneva may install or cause to be installed the Rental Equipment in the Service Location. The Rental Equipment is provided for your use of the Services and will at all times remain the property of Geneva. You will not sell, lease, transfer or assign the Rental Equipment. You may use the Rental Equipment only at the Service Location address you have indicated to Geneva at the time you subscribe to the Services. You will not re-arrange, disconnect, remove, repair or otherwise interfere with the Rental Equipment nor will you relocate the Rental Equipment to another address without Geneva's prior written consent.

Rental Equipment provided by Geneva will be charged as part of the monthly Services fee, plus applicable taxes. Geneva may require you to pay a Rental Equipment deposit prior to providing you with the Rental Equipment. You agree to keep all of the Rental Equipment free and clear of any lien or encumbrance of any kind whatsoever. If you become aware that any lien or encumbrance has been placed on the Rental Equipment you are responsible to notify Geneva immediately and to assist Geneva in removing same.

You are responsible for the safekeeping of the Rental Equipment. If, while in your care, the Rental Equipment is damaged, lost or stolen you agree to pay Geneva the full cost, including the costs incurred by Geneva to recover, repair and/or replace the Rental Equipment. You hereby authorize Geneva to charge your account and process payment for all Rental Equipment charges, plus applicable taxes, using any of the payment methods accepted by Geneva for your account (including pre-authorized credit card or bank withdrawal).

Any unauthorized attachments to the Rental Equipment or interfering or tampering with the Rental Equipment or unauthorized use of the Rental Equipment are prohibited and may constitute theft under the Criminal Code of Canada.

You are required to return the Rental Equipment to Geneva in good working order as follows
(i) if your Services have expired or are terminated, within thirty (30) days of your Services being disconnected,
(ii) if Geneva has replaced or upgraded your Rental Equipment, within thirty (30) days of the replacement or upgrade order, or
(iii) if Geneva has provided you Rental Equipment for self-install and you do not install such Rental Equipment, within thirty (30) days of the self-install order.

In the event that the Rental Equipment is not returned to Geneva as set out above, you agree to pay to Geneva a “Rental Equipment Non-Return Fee”, in an amount equivalent to the undiscounted retail value of the Rental Equipment, which amount will vary based on the type and model of the Rental Equipment, plus applicable taxes. The Rental Equipment Non-Return Fee will be applied and appear as a charge on your Geneva account on the date
(i) your Services have expired or are terminated,
(ii) fifteen (15) days after a replacement or upgrade order for Rental Equipment has been made,
(iii) a self-install order for Rental Equipment has been made, or
(iv) you install new, replacement or upgraded Rental Equipment, as applicable, provided however that if the Rental Equipment has been returned to Geneva within thirty (30) days as set out above payment will not be processed and the Rental Equipment Non-Return Fee charged to your Geneva account will be reversed. If the Rental Equipment has not been returned to Geneva as set out above, payment for the Rental Equipment Non-Return Fee will be processed using any of the payment methods accepted by Geneva for your account (including preauthorized credit card or bank withdrawal).

The Rental Equipment must be returned to Geneva by mail or courier following the process set out our website, which process may be updated or amended by Geneva from time to time.

For information concerning the return of the Rental Equipment and to request a pre-paid return label, you can contact Geneva's customer service on-line or by phone (1.778.786.3838).

All Equipment and devices purchased and paid for by you, which are neither returnable to nor refundable by Geneva, and that you are required to supply for access and use of the Services or that you use in connection with the Services, such as audio devices, telephones, home security and/or medical devices, fax machines, computer equipment or any other equipment and/or associated devices (collectively, "Your Equipment") shall be and remain your responsibility. You agree that Geneva is not responsible for any damage or loss to Your Equipment arising from your use of the Services. You further acknowledge and agree that Geneva is not responsible for the installation, operation, maintenance, use or support of Your Equipment, including without limitation, the compatibility of Your Equipment with any Rental Equipment or the Services.
Certain digital set-top boxes used by customers who subscribe for cable television or video services automatically collect raw household tuning data ("Tuning Data"). The collection and use of Tuning Data is further described in Geneva's Privacy Policy.
You are responsible to supply at your cost all telephones required if you subscribe to the Geneva Digital Phone Services, including the supply of all wiring inside the Service Location needed to connect to the Services. Geneva has no obligation to maintain or repair any facilities or equipment owned by you.
Geneva supports a feature on certain Internet modems that provides the ability to broadcast a secondary WiFi network. If your modem has this feature you have the option to enable or disable it at any time.

Payment Terms

You agree to pay Geneva the total charges for access to and/or use of the Services, including, without limitation: fees applicable to installation; Rental Equipment rental, deposits, or non-return charges; processing fees, costs incurred by Geneva and interest charges, if your account is past due; service calls; toll or long distance uses; calling cards; directory assistance uses; incurred in connection with the access to and/or use of the Services (as all such fees may be changed from time to time). Geneva will bill you each month in advance for the Services (usage based Services will be billed in arrears) and your invoice will be made available to you in an electronic format by logging into your account at our website. Notification of new invoices may be sent to you at the email address you have provided us. If you do not receive notifications of new invoices by email, you are still responsible for logging into your account at our website to check for new invoices on a regular basis and for paying all amounts by the due date specified. Unless otherwise indicated at the time you place your order for installation service fees or other one-time or recurring purchase products, all sales are final and no fees will be refunded if you cancel your Services.
You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Geneva. Payments made after the statement date on your invoice will be reflected on your next invoice. Amounts owing after the due date are subject to a late payment interest charge calculated and compounded monthly on the outstanding amount at 2% per month (26.8% per year) from the date of the first bill on which it appears until paid in full. If your account remains unpaid for 60 days, Geneva may refer your account to a collections agency and you agree to pay a fee of $20.00 for services relating to the administration, processing, or service costs for your account (for example, collections efforts due to non-payment or suspension, disconnection or reactivation of your Services). You agree to pay Geneva $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Payment of the full amount due will be required before the Services may be restored, provided Geneva is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due or abuses Geneva's Acceptable Use Policy applicable to the Services.
You are responsible to ensure that the billing information and the contact email for receiving invoices you provide Geneva is accurate. You agree to promptly notify Geneva of any changes in your billing information.
You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by Geneva to collect any amounts owing under these Terms of Service.
If you are receiving the Services through a trial period offer, you agree that upon the expiry of such trial period, you will be bound by the payment requirements set out in this Section unless the Services are terminated in a manner set out below under the heading “Geneva-Initiated Termination or Suspension” prior to the end of such trial period.
You must bring billing invoice questions and disputes to Geneva's attention within 60 days of the invoice date. Your failure to contact Geneva regarding any invoice will constitute your acceptance of the invoice. Geneva maintains discretion to disconnect services during a dispute if satisfactory payment arrangements have not been made by you.

Credit and Security Deposit

Geneva reserves the right to examine your credit records at any time, whether before or after providing you the Services.

Geneva's Provision of Services

Geneva is not required to provide the Services where:

(a) the Service Location is located outside of Geneva's service or licensed geographic area;
(b) you have failed to make payment of the amounts due for the Services and/or the Rental Equipment; or
(c) Geneva would have to incur unusual expenses to bring the Services to the Service Location, which you do not agree to pay.

Software and Firmware Updates

You expressly agree to receive software and firmware updates in relation to the Services. Such updates may change, add or remove features and/or functionalities of the Equipment and/or the Services.

Geneva IDs

Primary Geneva IDs may only be registered by the customer subscribing to the Services. You are responsible for any and all Secondary Geneva ID holders added to the account and their compliance with these Terms of Service and the Acceptable Use Policy applicable to the Services, to the extent such terms relate to their use. You agree to communicate any and all notices from Geneva to the Secondary ID holders, to the extent applicable. You may only provide your household members with Secondary Geneva IDs.

If You are Moving

If you are moving you are responsible to notify Geneva at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by Geneva and are not subject to a service agreement, these Terms of Service shall be terminated and you must return all Rental Equipment to Geneva. If you are a Geneva Digital Phone subscriber and you move to a new location within Geneva's serving area and you wish to transfer the Geneva Digital Phone Services, including your current telephone number to the new premises, you must give Geneva a minimum of 15 calendar days advance notice. For Geneva Digital Phone Services, you may only transfer your telephone number within the same exchange area. The ability to transfer the Services to a new location is dependent on the availability of the Services at the new location and subject to change depending on the available channel lineup, packages and pricing in the new location.

Customer-Initiated Termination

(a) In relation to residential accounts, you may terminate the Services at any time by notifying Geneva at 1-778-786-3838 of your desire to terminate;
(b) In relation to business accounts, you may terminate the Services as follows:

(i) Where Geneva’s provision of the Services is governed by a separate signed service agreement, the termination provisions of such agreement shall apply.
(ii) Where Geneva’s provision of the Services is not governed by a separate signed service agreement, the following shall apply:

(A) Where the total charges for use of the Services in the preceding month is less than $2,500, you may terminate the Services at any time by notifying Geneva of your desire to terminate; or
(B) Where the total charges for use of the Services in the preceding month is greater than $2,500, you may terminate the Services at any time by providing Geneva no less than 30 days advance notice of your desire to terminate, in which event Service charges will continue to apply until the end of the notice period.

You agree that if the Services are terminated for any reason you will:

pay Geneva in full for any amounts due and outstanding for your use of the Services, plus applicable taxes, including any applicable early termination fees; and

return the Rental Equipment to Geneva.

1. On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within sixty (60) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Geneva of the credit balance amount.

Geneva-Initiated Termination or Suspension

Geneva may restrict, block, suspend or terminate all or any part of the Services immediately if:

(a) you fail to pay your account for the Services that is past due, provided that in the case of suspension or termination your account balance is more than $50 and such account has been past due for more than 60 days;
(b) Geneva suspects that fraudulent charges or activity may be associated with your account;
(c) you become bankrupt or otherwise insolvent;
(d) you fail to provide Geneva with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or Geneva's facilities or network;
(e) your use of a Service, or part of a Service, is markedly higher and materially inconsistent with average residential usage patterns for such Service, as determined by Geneva, in its sole discretion;
(f) you harass, abuse or threaten any of our employees, agents or representatives, whether verbally, in writing or otherwise;
(g) you are in breach of any term or condition of these Terms of Service or of Geneva's Acceptable Use Policy applicable to the Services that you subscribe to; or
(h) you relocate, alter, abuse or disconnect the Rental Equipment.

For the situations listed above, Geneva will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.
Despite the above, Geneva will not provide you notice of a proposed restriction, block, suspension or termination:

(a) if immediate action must be taken to protect Geneva's facilities, Rental Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority;
(b) if Geneva believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination;
(c) if you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, these Terms of Service or Geneva's Acceptable Use Policy applicable to the Services you subscribe to; or
(d) in an emergency situation.

If all or any part of the Services are restricted, blocked, suspended or terminated for cause, Geneva is not obligated to restore the Services. If Geneva agrees to restore your Services, a reconnection service charge may be applied. Certain packages or discounts associated with your account may be removed upon disconnection and may not be recoverable in the event you reconnect your Services. Any remaining promotional, service or bill credits will be forfeit upon termination, are not recoverable or reimbursable, and will not apply to any early termination fee or any one-time fees and charges, such as installation fees. If you are a Geneva Digital Phone subscriber, Geneva cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of the Services. Any phone disconnection will be conducted in compliance with the CCTS Deposit and Disconnection Code.
On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within sixty (60) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Geneva of the credit balance amount.

Geneva's Liability

1. Geneva shall not be liable for:

(a) any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service;
(b) any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
(c) your conduct, acts or omissions;
(d) any event beyond the reasonable control of Geneva including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
(e) Geneva's failure, for any reason, to activate the Services on the activation date you requested or date provided to you by Geneva;
(f) any defacement of, or damage to, the Service Location resulting from the attachment of any instruments, apparatus or associated wiring and/or the Rental Equipment furnished by Geneva, or removal thereof, when such defacement or damage is not wholly caused by Geneva's negligence; and
(g) any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the Rental Equipment and/or the Services.

Limitation of Liability

IN THE EVENT OF ANY BREACH BY GENEVA, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY GENEVA, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM Geneva PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO GENEVA IN THE PAST THREE MONTHS FOR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL GENEVA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THESE TERMS OF SERVICE, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
Geneva SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE Geneva HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING;

(a) CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES;
(b) ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE RENTAL EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
(c) CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE RENTAL EQUIPMENT AND/OR THE SERVICES.

FOR THE PURPOSES OF THIS SECTION, ANY REFERENCE TO "GENEVA" SHALL INCLUDE GENEVA, ITS PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.
YOU SHALL NOT BE LIABLE FOR THIRD PARTY USE OF Geneva HOTSPOT.

Limited Warranty

ALL RENTAL EQUIPMENT AND THE SERVICES ARE PROVIDED BY Geneva "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. Geneva DOES NOT WARRANT UNINTERRUPTED

USE OR OPERATION OF THE RENTAL EQUIPMENT AND/OR THE SERVICES. Geneva DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. GENEVA DOES NOT WARRANT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

Disputes and Governing Law

ANY DISPUTES OR CLAIMS ("CLAIMS") WHATSOEVER BETWEEN Geneva AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO Geneva AT SUITE 663 3345 KINGSWAY, VANCOUVER, BC V5R 0A7 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST Geneva RELATED TO ANY CLAIM. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST GENEVA. IF Geneva HAS A CLAIM, Geneva WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM. THIS PARAGRAPH IS SUBJECT TO ANY PROHIBITIONS UNDER APPLICABLE LAW.
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE IN WHICH YOUR BILLING ADDRESS IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL UNDERSTANDINGS.

Commissioner for Complaints for Telecom-television Services (CCTS)

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their broadcasting and telecommunications services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

General

You may not assign, resell or transfer the Rental Equipment or the Services to any person without prior written consent of Geneva. These Terms of Service will enure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and, for the purpose of Geneva, these Terms of Service shall benefit to any party that controls, is controlled by or under common control with Geneva.
Upon termination of these Terms of Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of Geneva Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of these Terms of Service.
The failure of either party to insist upon strict interpretation of these Terms of Service or to exercise any options set out in these Terms of Service, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.
Geneva does not grant you any right to use Geneva's logos, trademarks or trade names in any manner unless Geneva give you prior written consent and/or grants you an appropriate license to use.

Confidentiality

Subject at all times to Geneva’s Privacy Policy, Geneva may disclose any information as is necessary to:

(a) satisfy any legal or regulatory requirement or governmental request;
(b) obtain, deliver, operate and market the Services; or
(c) protect Geneva or its customers.

GENEVA SYSTEM LIMITED. PRIVACY POLICY

If you have any questions regarding our Privacy Policy, please contact privacy@genevasys.com or use the contact information shown on any of Geneva's websites.

1- Our commitment to you

Geneva is an enhanced connectivity provider. Our Consumer division serves consumers with broadband Internet and digital phone. The Business Network Services division provides business customers with Internet, data, WiFi, telephony and video.

Geneva has always been and will continue to be committed to protecting Personal Information. Geneva has established its Privacy Policy using the ten principles set out in the National Standard of Canada entitled Model Code for the Protection of Personal Information. These ten principles are the following:

Being accountable
Identifying the purposes for Personal Information collection
Obtaining consent
Limiting the collection of Personal Information
Limiting the use, disclosure and retention of Personal Information
Keeping Personal Information accurate
Safeguarding Personal Information
Being open about policies and practices
Providing individual access to Personal Information
Challenging Compliance

Geneva relies on these ten principles to protect the Personal Information collected from its Customers and Web Site Users. Geneva has established its Privacy Policy in accordance with The Personal Information Protection and Electronic Documents Act (“PIPEDA”)

2- Definitions

"Geneva", "we" or "our":

Means Geneva Communications Inc. and each of its subsidiaries and affiliates as they may exist from time to time.

"Customer", "you" or "your":

Means an individual who: (a) has an account with Geneva; (b) subscribes for, uses, has used, or applies to use Geneva's products and/or services; (c) corresponds with Geneva; (d) is a Web Site User; and/or (d) enters a contest sponsored or administered by Geneva.

Personal Information:

Means information about an identifiable individual, for example an individual’s name, account number, e-mail address, payment information, user logs or certain numbers associated with that individual’s equipment (for example MAC address or IP address), if Geneva can link such numbers to the individual. It does not include aggregate information that cannot be associated with a specific individual.

Web Site User:

Means a user of a website owned, controlled or managed by Geneva from which Geneva collects Personal Information.

3- Frequently asked questions

3.1 What type of Personal Information does Geneva collect?

3.1.1 Customer’s Personal Information:

General:

If you wish to obtain any of Geneva's products and/or services, Geneva will collect information about you when you subscribe for any of these products and/or services. The type of information we collect varies based on the service you have requested. The Personal Information most often collected and maintained in a Customer file may include (but is not limited to) name, address for service, mailing address, phone number(s), a piece of acceptable identification, alternate contact information, banking information for payment, non-Geneva email address (i.e. if you are an eBill user or if you are a Geneva Direct customer subscribing to one of our newsletters), credit card information for payment, credit rating/score. In order to conduct credit checks, we will collect one or more of the following: driver's license number, Social Insurance number, credit card number and/or date of birth. If we need to know about your credit history we may also receive information from third parties.

Collection and Use of Television Set-Top Box Data:
Certain digital set-top boxes used by Customers who subscribe for video services, and the TV mobile app, automatically collect raw household tuning data (the "Tuning Data"). Tuning Data is used for billing purposes, diagnostic purposes, for the tuning of recommendation engines and to measure television viewership. Geneva creates a database of anonymized and/or aggregated viewing behaviour by pairing Tuning Data with non-sensitive information in Customer

files. This helps Geneva understand Customer reactions to television content and advertising. The collection of Tuning Data is critical to operating our video services and cannot be disabled. However, you can choose to opt-out of Geneva's use of Tuning Data in an anonymized and aggregated database by using the process described in Subsection 3.3 below. You can also disable the delivery of recommendations via your set-top-box settings.

3.1.2 Web Site User Personal Information
The Personal Information that may be collected in relation to Web Site Users through an online form typically includes (but is not limited to) name, phone number, email address.

· Collection and Use of anonymous web information through the use of Cookies:

During a Web Site User’s interaction with one of Geneva's websites, Geneva may use a browser feature called a "cookie" to collect information anonymously and track user patterns on Geneva's websites. A cookie is a small text file containing a unique identification number that identifies a Web Site User’s browser – but not the Web Site User personally – to Geneva's computers each time a Web Site User visits one of the Geneva websites using cookies. Cookies tell Geneva which pages of its websites are visited and how many people visited each web page. This helps Geneva understand consumer interests and enhance the on-line experience of visitors to the Geneva websites. Cookies also serve to identify your computer so that your preferences can be saved for future visits and advertising displayed based on your previous interaction with the site. and Geneva works with third parties that use these cookies to help us with such traffic management, research and analytics.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on Geneva's websites.

Third Party Cookies and Advertisements: Some of the advertisements you see on the Geneva websites are delivered by third party advertisers, Internet advertising companies that work on Geneva's behalf or ad networks. These third parties may use cookies or other technology to help deliver ads that are tailored to your interests and track their performance. This is commonly known as "behavioural" or "interest-based advertising".

You can opt-out of several third party ad servers' and networks' cookies simultaneously using a tool created by the Network Advertising Initiative located at http://www.networkadvertising.org/managing/opt_out.asp. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

3.2 Why does Geneva collect and use Personal Information?

3.2.1 Customer Personal information Geneva collects and uses Customer's Personal Information for the following purposes, to:

a) establish and maintain a responsible commercial relationship with you;
b) for research and statistical purpose, to understand your needs as a Customer and your eligibility for products and services;
1. c) recommend particular products, services and opportunities to you;
2. d) provide information to you about developments and new products; develop, enhance and market products and services and/or provide products and services to its Customers;
  1. e) process billing and collect fees for the Geneva products and services you have purchased and/or subscribe to;
    1. f) perform or order credit checks;
    2. g) deliver to you the products, services and third party applications included in your subscription, including providing you with the programming content and advertising corresponding to your postal code;
      1. h) to administer and manage our business and operations, including the protection of the security and integrity of our services and our website;
      B2
      1. i) provide customer support; and
      2. j) meet Geneva's legal and regulatory requirements.
      3.2.2 Web Site Users Personal Information
      
      Geneva collects and uses Web Site User's Personal Information for purposes generally identified on the Geneva website at the time of collection. These purposes may include to:
      1. a) send you information or updates you've requested, answer your questions by email only;
      2. b) register your participation to a contest; and
      3. c) register you in an encrypted secure zone.
      3.2.3 When Geneva chooses to use Personal Information for a purpose not previously identified, Geneva will identify the new use. Unless such new use is required or permitted by law, in accordance with PIPEDA, the consent of the Customer or Web Site User is required before the Personal Information can be used for that new purpose.
      
      3.3 How does Geneva obtain your consent?
      
      Consent is generally required for the collection of Personal Information and the subsequent use or disclosure of the Personal Information. Consent can be either express or implied. The form of consent sought by Geneva may vary, depending upon the circumstances and the type of Personal Information. In determining the form of consent to use, Geneva takes into account the sensitivity of the information and your reasonable expectation, so that you understand the nature, purpose and consequences of the collection, use and/or disclosure of Personal Information. Geneva generally seeks express consent when the Personal Information is likely to be considered sensitive. Implied consent is typically appropriate when the Personal Information is less sensitive.
      
      In addition, in exceptional circumstances, as permitted by law, Geneva may collect, use and/or disclose Personal Information without a Customer’s or Web Site User's knowledge or consent.
      
      Consent may be obtained in any one of the following ways:
      1. a) an application form may be used to seek consent, collect Personal Information and inform the Customer of the use that will be made of the Personal Information. By completing and signing the form, the Customer is giving consent to the collection and the specified uses;
      2. b) a check-off box may be used to allow the Customer to request that their names and addresses are not given to other organizations. Customers who do not check the box are assumed to consent to the transfer of their information to other organizations;
      3. c) orally when information is collected over the telephone; or
      4. d) at the time a Customer uses a product or service.
      In general, the use of products and services by a Customer, or a Web Site User's use of a Geneva website will constitute implied consent required by Geneva to collect, use and/or disclose Personal Information for the purposes identified in this Privacy Policy. Consent may be withdrawn by Customers and Web Site Users at any time, subject to legal or contractual restrictions and upon providing Geneva reasonable notice. If you wish to withdraw your consent to certain collection, retention, use or disclosure of Personal Information, please contact Geneva at privacy@genevasys.com Please note that if you refuse or withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact on you at the time, to help you with your decision.
      
      3.4 When and how does Geneva disclose Personal Information?
      
      Internally, only Geneva Employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information of Geneva's Customers and Web Site Users.
      
      3.4.1 Customer Personal Information
      Geneva may disclose Customer's Personal Information to:
      1. a) third parties who are acting on Geneva's behalf as our agents, suppliers or service providers who are subject to confidentiality requirements;
      2. b) a company who will be involved in supplying the Customer with communications or communications directory-related products and/or services;
      3. c) a company or individual who is acting on Geneva's behalf for the development, enhancement, promotion, marketing, sale or provision of any of Geneva's current products and/or services or for any new products and/or services of Geneva, including authorized resellers and sales agents, etc. subject to confidentiality requirements;
      4. d) in conjunction with special offers or programs to program partners, or third party agents responsible for administering such offers or programs. Any such disclosure is made on a confidential basis;
      5. e) an agent used by Geneva to evaluate the Customer's credit worthiness or to collect the Customer's account;
      6. f) a credit reporting agency; and
      7. g) a third party, where the Customer has given Geneva consent to such disclosure or if disclosure is ermitted or required by law, in accordance with PIPEDA.
      3.4.2 Web Site User Personal Information
      
      B3
      
      Geneva may disclose Web Site User’s Personal Information to:
      a third party or parties, where the Web Site User has given Geneva consent to such disclosure or if disclosure is
      
      permitted or required by law, in accordance with PIPEDA.
      
      Disclosure of Personal Information to government organizations, including law enforcement agencies:
      
      Geneva routinely receives requests from government organizations, including law enforcement agencies. These requests are individually and carefully vetted internally by a team of experts. Geneva will only disclose Personal Information in response to these requests when permitted by law, in accordance with PIPEDA.
      
      3.5 Who does Geneva share Personal Information with?
      
      Geneva does not sell Personal Information about its Customers and/or Web Site Users. Geneva may share Customers' Personal Information with its partners, associates and third party service providers as provided in Subsection 3.4, in order to fulfill the purposes identified in Subsection 3.2. In such cases, the relationship with the partner, associate or third party is governed by strict confidentiality standards and policies to ensure the Customer's Personal Information is secure and treated in accordance with PIPEDA and with the utmost care and respect.
      
      Except as required or permitted by law, when disclosure is made to a third party other than a Geneva partner or associate, or a third party service provider, the consent of the individual shall be obtained and reasonable steps shall be taken to ensure that any such third party has Personal Information privacy procedures and policies in place that are comparable to those implemented by Geneva. Such third parties are provided only with such information as is necessary in the circumstances. Personal Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.
      
      In the event that a third party service provider is located in a foreign country, Customer Personal Information may be processed and stored in such other foreign country. In such circumstances, the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever Geneva engages a third party service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian privacy legislation.
      
      3.6 How does Geneva safeguard your Personal Information?
      
      The nature of the safeguards varies depending on the sensitivity of the Personal Information, the scope of the Personal Information, and the method of storage of that information. More sensitive types of Personal Information will be safeguarded by a higher level of protection, including encryption. Personal Information is predominantly stored in Canada and the United States, under strict confidentiality standards, as per Section 3.5. Data is routed domestically and may be routed outside of Canada for service provision purposes as described in Section 3.5
      
      3.7 How long does Geneva retain your Personal Information?
      
      We retain your personal information for as long as it is needed to fulfill the purpose(s) for which it has been collected. Our general retention guideline is a 7-year period, which extends to all our corporate records including our customer & billing database. This allows us to meet our financial accountability and SOX audit obligations. Outside of the 7- year period, retention is defined based on length of time information is needed to meet the purpose(s) for which it has been collected and takes into account the sensitivity of the personal information. For example, we keep records of IP address leases for 1 year after a lease expires.
      
      3.8 How do I access Geneva's policies and procedures?
      
      Geneva makes available to Customers and Web Site Users specific information about its policies and procedures relating to the management of Personal Information, on our corporate and community websites.
      
      Geneva is open about its policies and procedures with respect to the management of Personal Information. Customers and Web Site Users are able to inquire about Geneva's privacy policies and procedures and obtain an account of the Personal Information Geneva holds about them at a minimal cost and without unreasonable efforts on their part. This information is available to Customers and Web Site Users by writing to Geneva, to the attention of the Privacy Officer at 4500 Kingsway street UNIT 1332,BURNABY,BC V5H 2A9.
      
      3.9 How do I access my Personal Information?
      
      You may access and verify your Personal Information held by Geneva by submitting a request in writing to Geneva's Privacy Officer at 4500 Kingsway street UNIT 1332,BURNABY,BC, V5H 2A9. A response will be mailed to the address on your account or file.
      
      Geneva will respond to a Customer’s or Web Site User's request within a reasonable period of time and at minimal or at no cost.
      
      In certain circumstances, Geneva may not be able to provide access to all the Personal Information it holds, for B4
      
      example, when the disclosure would reveal confidential business information; if the Personal Information is protected by solicitor-client privilege, or if the Personal Information was collected during an inquiry into a breach of contract or violation of a federal or provincial law.
      
      3.10 How can I challenge compliance and offer suggestions?
      
      A Customer or Web Site User of Geneva may direct any questions or inquiries with respect to the privacy principles outlined above or about Geneva's privacy practices described in its Privacy Policy to privacy@genevasys.com or to Geneva's Privacy Officer at 4500 Kingsway street UNIT 1332,BURNABY,BC, V5H 2A9.
      
      Geneva will investigate all complaints and respond to all questions asked by its Customers and/or Web Site Users. If a complaint is found to be justified, Geneva will take appropriate measures to resolve the complaint, which may include amending its policies and procedures.
      
      If Customers or Web Site Users are not satisfied with Geneva's response, they may contact the Office of the Privacy Commissioner of Canada, at:
      
      Phone: (778) 786-3838 Fax: (778) 786-3314 .
      
      4- Your role in protecting your Personal Information
      
      Please remember that Geneva's Privacy Policy and our use of your Personal Information only applies to the information you provide. We caution that if you disclose Personal Information or personally sensitive data through use of the Internet such as through chat rooms, communities, bulletin boards or other public online forums, this information is not collected by or for Geneva but may be collected and used by other persons or companies over which Geneva has no control. It is your responsibility to review the privacy statements of any person or company to whom you choose to link, from or through the use of any Geneva Internet services. Geneva is not responsible for privacy statements, privacy compliance or other content of any website not owned or managed by Geneva or its affiliate companies.
      
      Geneva does its best to protect and safeguard Personal Information and we believe there are safeguards you should take as well. Do not share your Personal Information such as bank card numbers, credit card numbers, associated pin numbers or Social Insurance numbers unless you clearly understand the purpose of the request and you know with whom you are dealing. Do not keep sensitive Personal Information in your email inbox or on Webmail.
      
      Provide Geneva with one acceptable piece of identification, pin number or passphrase that will be kept in your Customer account, so we can identify you when you call Geneva. If you are asked to assign passwords to connect you to your Personal Information, you should use a combination of letters (upper and lowercases), numbers and symbols and do not use words that can be easily associated with you (example: do not use the name of a family member or pet). We also suggest you change your password regularly. If you are suspicious of any telephone, mail or email promotional campaigns or you suspect fraudulent activity, please contact us at privacy@genevasys.com to verify that the campaign is a legitimate Geneva activity.
      
      5- Updating this Privacy Policy
      
      Any changes to Geneva's Privacy Policy shall be acknowledged in this Privacy Policy in a timely manner. Geneva may modify or remove portions of this Privacy Policy when it feels it is necessary and appropriate. You may determine when this Privacy Policy was last updated by referring to the date found at the top of the first page of this Privacy Policy "Privacy Policy last revised on: "
      
      © 2024 Geneva System Limited. All Rights Reserved.

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