1. MAINTENANCE SERVICE OBLIGATIONS OF METEOR TELECOMMUNICATIONS
Meteor Telecommunications will provide corrective maintenance or repair during Meteor Telecommunications’ regular business hours (between 9:00 a.m. – 5:00 p.m.) For a major failure of the system, Meteor Telecommunications, without additional costs, will provide service whenever required.
For a normal service call, Meteor Telecommunications will respond within twenty-four (24) hours.
For a major repair or service, Meteor Telecommunications will respond within two hours. Emergency service will apply during major repair or service problem on a twenty-four (24) hour per day basis.
Meteor Telecommunications’ maintenance obligations under this paragraph include labour and parts required to repair or replace Equipment that has become defective through normal wear and usage, and does not include additions, relocation, or removal of Equipment, replacement or repairs of parts lost, stolen or damaged, other than by causes arising out of ordinary use of the Equipment. Preventative maintenance as determined by Meteor Telecommunications.
2. OTHER CHARGES
- All customers that have purchased Manufacturer Support will be provided patches at no charge for General Availability Software to address corrections or repair and service packs that have also been issued at no charge to Meteor Telecommunications by the manufacturer. Related labour and travel charges to install such software, patches and service packs shall also be provided free of charge, if work can be performed during regular business hours without interruption to the Customer’s use of the system. In the event that there are software or system performance problems that are service affecting, where the corrective action must be performed outside of regular business hours, there will be no charge to the customer. Should the Customer request work that is not service affecting, be performed outside of regular business hours, Customer will be billed at Meteor Telecommunications’ prevailing overtime labour rates for the work performed.
- All customers where manufacturer support has not been purchased will be provided a time and material option to obtain support. This service will only be provided once the appropriate payment method has been arranged and agreed upon between Meteor Telecommunications and the customer.
- Replacements for Equipment or Software that is deemed “Manufacturer Discontinued” or “End of Life” are subject to availability of “like for like spares”, while Manufacturer’s support is limited to Emergency recovery only in the event of a Total System Failure. If “like for like spares” are unavailable, charges may be applicable.
- Repairs to the Equipment required as a result of damage by any unauthorized parties.
- Inspection of the Equipment due to Section 12 of this Agreement.
- Any other requirement not expressly provided within this Agreement.
- Alterations and changes requested by the Customer.
3. ADDITIONS, MOVES AND CHANGES, REMOVAL
Meteor Telecommunications shall, upon Customer’s request, provide services required for additions to, moves and changes on, and removal of the Equipment at Meteor Telecommunications’ then current charges, which shall be in addition to the maintenance service charges described under price and payment terms on the face of this Agreement. Such services shall be charged at rates not to exceed the lowest rates then being charged by Meteor Telecommunications for such services in Metropolitan Toronto. Inside GTA travel charges apply to these services.
4. UNCONTROLLABLE CIRCUMSTANCES
If the performance by Meteor Telecommunications of any part of this Agreement is prevented, hindered, delayed or otherwise made impractical by reason of any flood, riot, fire, strike, explosion, war, or any other cause beyond the control of Meteor Telecommunications, Meteor Telecommunications shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Upon the occurrence of any such events, Meteor Telecommunications shall use its reasonable efforts to notify Customer of the nature and extent of any such conditions.
The Agreement shall be governed by the laws of the Province of Ontario. Neither party thereto may assign its rights or delegates its obligations under this Agreement without the prior written consent of the other, which consents of the other, which consent is not to be unreasonably withheld or unduly delayed. Accounts not paid by due date may be subject to an interest charge from date of maturity at the rate of 2% per month (24% per annum) as shown on invoices. NSF cheques will be subject to an administration charge. Goods may not be returned without prior authorization of Meteor Telecommunications and a Return Authorization Number. Goods/merchandise authorized for return may be subject to a minimum 25% restocking charge.
6. UNAUTHORIZED REPAIRS
Provided Meteor Telecommunications complies with the terms of this Agreement, Customer agrees not to permit any person other than authorized Meteor Telecommunications personnel to repair, make additions to, remove from, or perform maintenance functions on the systems without prior written permission from Meteor Telecommunications, which consent is not to be unreasonable withheld or unduly delayed.
7. MAJOR REPAIR OR SERVICE
For purpose of this Agreement, a “major repair or service” shall be occasioned by anything which has the effect of total substantial system failure or a major interference with Customer’s use and enjoyment of the Equipment and anything which has the effect of blocking or seriously restricting the switching pattern within the system or into and out of the system.
8. CO-OPERATION WITH TELCO PROVIDER
Meteor Telecommunications shall at all times co-operate with customers’ Telco provider and all suppliers of maintenance services for equipment connected to the Equipment. If any of Meteor Telecommunications, Customer, Telco provider, or suppliers of maintenance service is uncertain that a problem requiring maintenance services is on account of the Equipment, the network or facilities of Telco provider or, such other equipment, it shall be presumed that the Equipment, the network and facilities of Telco provider and the other equipment, as the case may be, are jointly at fault. In such event, Meteor Telecommunications shall, at no extra charge to Customer, supply Maintenance Services whether or not it is subsequently determined that the Equipment was not in need of such Maintenance Services.
9. LIMITATION OF LIABILITY
Meteor Telecommunications shall not be liable for any special incidental or consequential damages (including lost revenue or profits or additional operating or personal expenses) arising out of or relating to this Agreement or the breach thereof or the use of the Equipment or the installation or maintenance thereof or any delay relative to any of the foregoing (including any such damages arising out of or related to negligence or other tort). Notwithstanding the preceding, in no event shall Meteor Telecommunications be liable for any amount in excess of the replacement value of the Equipment, to the limit of $100,000, whichever is less.
10. EXCLUSIONS FROM SERVICE
The service provided by Meteor Telecommunications will not include labour or material necessary to repair damage to equipment caused by negligence, accidents, abuse, acts of third party or any force for any damage for which there is insurance coverage under any lease signed by Customer. Site and system backups are not included in this service, and are the responsibility of the customer. Notwithstanding the above, Meteor Telecommunications shall not be responsible for maintenance services or management and/or operation of the customers’ network, unless specifically contracted to provide such support.
11. DEFAULT AND TERMINATION
Default and Termination: Subject only to Section 14 hereof, if either party is in material default of this Agreement, the defaulting party shall have a remedy period of 15 days (the “Notification Period”) to correct such default, from the date of notification in writing of such default, with the proviso that in the case of a material default being the non-payment of Fees by the Customer, Meteor Telecommunications shall have the right, in the exercise of its sole discretion, to withhold Services during the Notification Period. During such notification period, Meteor Telecommunications shall, without limitation of its right to withhold Services as aforesaid, be entitled to require special payment arrangements or other special terms, as a condition of it providing Services to the defaulting Customer during the Notification Period.
12. CREDIT TERMS
The credit applicant understands and agrees to the following terms and conditions: Terms of payment on this credit account are net 30 days (unless otherwise stated) and the Customer agrees to pay the account on that basis. Terms of payment for goods and services for a Purchase Agreement if different than the terms here are stated on the purchase agreement. All claims against invoices must be made within 10 business days after receipt of goods/service. Accounts not paid by due date may be subject to an interest charge from date of maturity at the rate of 2% per month (24% per annum) as shown on invoices. NSF cheques will be subject to an administration charge. Goods may not be returned without prior authorization of Meteor Telecommunications and a Return Authorization Number. 25% restocking fee applies to all returned goods.