Terms of Service

The following is an outline of the Terms and Conditions (“T&C”) set out by 4141903 Canada Inc. operating as Storm Internet Services (“Storm”). In addition to this document, please see Storm’s Acceptable Use Policy (AUP).

Storm:

  1. Storm will deny access to any Client who does not provide correct personal information.
  2. Storm reserves the right to cancel any account for any reason that is in the best interest of Storm and its Clients.
  3. Storm reserves the right to remove any materials that may be considered illegal and/or abusive.
  4. Storm reserves the right to limit hits to home pages to 1 Gigabyte per month. Additional hits will be charged at $30/Gigabyte.
  5. Storm reserves the right to impose system usage changes from time to time.
  6. Storm reserves the right to make pricing/name changes to its products and services; Clients affected by these changes will be notified via email/mail in advance of the change being made.

Client:

  1. The Client must be at least 18 (eighteen) years of age and accepts all responsibility for supervising the use of the account by anyone under the age of 18 (eighteen).
  2. The Client agrees not to disclose his/her password.
  3. The Client agrees to educate him/herself in the proper use of the Internet.
  4. The Client agrees not to abuse or fraudulently use the service.
  5. The Client may use his/her account on additional computers and concurrent logons are allowed.
  6. Storm provides each Client with a default Storm email address at the time the account is set-up; it is the Client’s responsibility to notify Storm, in writing, if an alternate email address is to be used for invoicing/notifying purposes.

Fees and Charges

  1. Storm will automatically renew the Client’s account unless written notice is provided.
  2. The Client agrees to give Storm 30 days written notice for cancellation of their subscription for Dial-Up, DSL, Wireless, Cable or Web Hosting. Cancellations can be sent via e-mail to billing@storm.ca or by fax (613) 567-3227 or by regular mail.
    NOTE: Clients subscribing to Fiber understand and acknowledge their obligation to honor payment on the balance of their Fiber contract and furthermore understand that their Fiber contract will automatically renew for additional one (1) year terms, if 30 days notice is not received, in writing, prior to the end of their current Fiber contract term. Please see your Storm Commercial Sales representative for further details/clarification.
  3. The Client may upgrade/downgrade account access for the following month.   No changes will be made in the current month.
  4. There will be a $25 administration fee for any credit cards that are declined and a $25 charge for any returned cheques.
  5. The Client is responsible for any charges incurred through the use of his/her account.
  6. Terms of payment are Net 30 days.
  7. All overdue accounts will be subject to a penalty of 2% of the balance outstanding.
  8. Extra usage will be charged the following month and will be invoiced via e-mail.
  9. Any account in arrears by 60 days will be locked.
  10. Any account in arrears by 90 days will be deleted and the account will be forwarded to Storm’s collection agency.
  11. Any account which has been locked and inactive for 120 days will be deleted.
  12. Any account that is suspended for any reason will have e-mail suspended as well until account status has been resolved.
  13. For domain registrations, payment is required , via credit card, prior to the domain being activated.  (This is only for the yearly registration fees, not the hosting fees.)
  14. Storm Internet Services will not process any refunds upon termination of any service where the refund is less than $10.00.
  15. Credits posted to a terminated account leaving a credit balance require a written request to Storm for a refund to be issued and are only valid within 6 months of the credit date. Refunds will be issued within 30 days of receipt of written request.
  16. Annual service packages are binding service agreements for a one (1) year period. No credits or refunds will be issued on any annually-paid service that is cancelled by a Client unless the cancellation is received within the first two (2) months of provided service.
  17. All prices with Storm are listed in Canadian dollars.

Confidentiality of Client Records:

All information retained by Storm regarding the Client is confidential and will not be disclosed to any third parties.

Performance and Scope

Storm will provide to the Client the professional services (“Services”) as described in the General Service Order Form attached hereto as Exhibit A under the terms and conditions of this Agreement. Such General Service Order Form may be amended or modified by supplementary changes orders agreed to by both parties hereto and attached to the related General Service Order Form and thereafter the services shall be deemed to include the services described in such supplementary change orders. Additional General Service Order Forms may be added to this Agreement and shall be subject to the same terms and conditions as agreed herein.

Storm will provide such resources and utilize such employees and/or third party consultants as it deems necessary to perform the services as specified in the General Service Order Form. The manner and means used by Storm to perform the services desired by the Client are in the sole discretion and control of Storm. Storm shall use commercially reasonable efforts to meet the schedules and times of performance for the services as set forth in the General Services Order Form.

The Client agrees to provide Storm with such Information, materials and technology owned or controlled by the Client as Storm reasonably requires in order to carry out the services. The Client hereby grants Storm a royalty-free, non-exclusive, worldwide license to use the Client’s Technology and all Client IP Rights covering the Client’s technology solely in order for Storm to perform services during the term of this Agreement. As between the parties, the Client shall retain all ownership rights in and to the Client’s technology except for the license set forth above. The Client agrees to obtain for Storm the right to use for the purpose of performing the services, such third party information, materials and technology and the IP Rights therein as Storm reasonably requires in order to perform the services.

The Client and Storm agree to co-operate in good faith to achieve completion of the services in a timely and professional manner. The Client understands and agrees that Storm’s provision of the services may depend on the completion of certain Client tasks or adherence to Client schedules within the Client’s control; consequently the schedule of completion of the services or any portion thereof may require adjustments or changes in the event such Client tasks or schedules change or are modified or are not completed as anticipated. Storm shall bear no liability or otherwise be responsible for delays in the provision of services or any portion thereof occasioned by the Client’s failure to complete, In a timely fashion, a Client task or adhere to a Client schedule.

Limitation of Liability

Storm shall not be liable for costs of procurement of substitute goods or services, property damage, personal injury, loss of profits, Interruption of business, or any other special consequential or incidental damages based on failure to perform the services or other breach of this Agreement, or any other theory of liability. In addition, Storm shall not be liable for any loss or damages arising out of or related to any products, devices, software or applications developed through use of Storm’s products or services. Storm’s total liability to the Client shall not exceed the total amount actually paid by the Client hereunder in connection with each Individual General Services Order Form.

In no event shall either party be liable to the other for special, consequential, incidental, indirect, punitive or examplary damages, however caused, whether for breach of warranty, contract, tort negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

No action, regardless of form, arising from this Agreement may be brought by either party more than one (1) year after the cause of action has occurred, except that an action for non-payment may be brought at any time.

Arbitration Clause

The parties shall attempt in good faith to resolve any dispute. Each party will designate an officer with the responsibility and the authority to resolve the dispute. These officers shall meet within fifteen (15) days after the request to identify the scope of the dispute and the Information needed to discuss and attempt to resolve such dispute. These officers shall then gather relevant Information regarding the dispute and shall meet to discuss the issue and to negotiate in good faith to resolve the Issue. In the event that the parties are unable to resolve the dispute within thirty (30) days after the specific meeting of the designated officers as specified above (or such longer time as the parties may agree), then the dispute shall be resolved by binding arbitration under the terms of this Section. Such arbitration shall be conducted in the Province of Ontario in accordance with the rules then in effect of the Arbitration & Mediation Institute of Ontario by three (3) arbitrators appointed in accordance with such rules. The award rendered by the arbitrations shall be final and binding and the judgment may be entered upon it in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgement of the powers of the arbitrators.

Disclaimer of Warranties

Storm warrants that the services provided hereunder will be performed in a professional manner consistent with the quality of Storm’s performance of services for similarly situated Clients, Storm does not warrant that the services are error-free, that all errors will be corrected, will run on all hardware or identifies all known viruses, except as provided above, the services and related documentation are provided on an “as is” basis and Storm disclaims any implied warranties and conditions, including, but not limited to, warranties of merchantability and fitness for a particular purpose or those arising by law, statute, usage of trade or course of dealing. Storm makes no representation with respect to the adequacy of the services for any particular purpose or with respect to its adequacy to produce any particular result. Storm shall not be liable for loss or damage arising out of this Agreement.

In order to receive warranty remedies, deficiencies of service must be reported to Storm, in writing, within thirty (30) days of completion of the services. The Client’s sole remedy shall be to have the deficiencies remedied or to receive a refund of the pro rate amount of the fees allocable to such services, at Storm’s option. In no event shall Storm’s liability under this Agreement, exceed the fees paid to it by the Client on each Individual General Service Order Form.

Term and Termination

This Agreement commences on the date of its execution or adoption by Storm and the Client (the “Effective Date”) and, unless terminated earlier pursuant to the terms of this Agreement, shall continue in force unless terminated by the parties. This Agreement may be terminated by either party upon thirty (30) days prior written notice in the event the other party materially breaches or fails to perform any material term hereof and the breaching party fails to cure such breach within thirty (30) day period; notwithstanding the foregoing, the cure period for any failure of the Client to pay service fees and expenses due hereunder shall be ten (10) days from the date of the receipt by the Client of any notice of breach relating thereto.

Special note: Colocation clients will be required to have paid their account, in full, prior to the removal of server equipment from Storm’s Data Centre.

Force Majeure

Storm shall not be responsible for any reasonable delay and/or failure in performance by Storm or any and/or all Storm’s obligations under this Agreement caused by any act, omission and/or event beyond Storm’s reasonable control.

Severability

Should any provision of this Agreement be deemed contrary to applicable law and/or unenforceable by any court of competent jurisdiction, such provision shall be considered severed from this Agreement but all remaining provisions shall continue in full force.

Service Level Agreement (SLA)

This Agreement is between Storm Internet Services (Storm) and the client. Storm Internet may modify the terms of this Service Level Agreement (SLA) by posting those modifications on its website – www.storm.ca Storm guarantees its network will be available with 99% uptime minimum.

Response Time and Escalation Procedures for Service Interruptions:

Corporate:

  1. Network malfunctions will be reported to Technical Support within 4 hours.
  2. If the problem is not solved within 4 hours, a senior technician will be notified.
  3. If problem has not been solved within one (1) hour of a technician being notified, the Support Services Manager will be contacted.
  4. All Storm equipment relies on the Webguard™ system to notify technicians of outages by pager.

Note: Fiber services will fall under different response times and escalation procedures for service interruptions; please see your Storm Sales representative for further details.

Residential:

  1. Network malfunctions will be reported to Technical Support within 48 business hours.
  2. If the problem is not solved within 48 business hours, a senior technician will be notified.
  3. If problem has not been solved within 48 business hours of a technician being notified, the Support Services manager will be contacted.
  4. All Storm equipment relies on the Webguard™ system to notify technicians of outages by pager.

Exceptions:

  1. Scheduled maintenance: clients will be notified up to 4 days in advance, minimizing the inconvenience to the client.
  2. Emergency maintenance: Storm will inform the client as soon as the failure has been identified.
  3. Force Majeure: Neither party will be liable for any failure due to any cause beyond reasonable control.
  4. Performance issues caused by factors that are beyond the control of Storm including failures of the Internet not caused by Storm.
  5. Service interruptions caused by actions of client, or caused by client’s equipment.
  6. Non-payment of services by client.