We provide Internet access connectivity at End User premises identified in your orders, using the access technology available at each premises, and carry that traffic either to the public Internet through our network or to a network-to-network interface ("NNI") with your network, as stated in the Service Order. Where the Service Order provides for an NNI, the NNI is a separate chargeable component with its own capacity and term.
Availability is determined per premises at ordering time. A serviceability response is an estimate until the underlying facility is confirmed, and we may cancel an accepted access order without liability where the premises cannot be served or construction costs exceed the assumptions in the Service Order; in that case you owe nothing for the cancelled access.
You order, change and disconnect individual End User accesses through our wholesale portal or another method we designate. Each activated access is billed from its activation date until the end of its disconnection notice period at the rates in the Service Order. Notwithstanding the thirty (30) day notice period in section 6 of the Master Agreement, which applies to a Service as a whole, individual accesses are month to month unless the Service Order states otherwise, and may be disconnected on notice through the ordering system, with billing stopping at the end of the notice period stated in the Service Order (or, if none is stated, thirty (30) days).
You are responsible for the accuracy of the premises and contact information in your orders, for obtaining the End User's authority to place them — including where the order will displace another provider's service at the premises — and for scheduling the End User for any appointment the installation requires. Missed-appointment and repeat-dispatch charges in the Service Order apply where an installation or repair fails for reasons within your or the End User's control.
Some accesses are delivered over facilities of an underlying carrier. For those accesses, provisioning intervals, availability, speed options, repair processes and construction charges are subject to the underlying carrier's processes and tariffs, and section 7 of the Master Agreement applies to changes in those underlying rates. We will identify at ordering time, or on request, whether an access is on-net or delivered over an underlying carrier, to the extent our arrangements with that carrier permit.
Speeds stated for an access are maximum provisioned rates. Actual throughput varies with loop or line quality, in-premises wiring and equipment, radio conditions, congestion on networks we do not operate, and the remote endpoint. Unless a Service Order states a committed information rate, speeds are not guaranteed, and you are responsible for describing the service to your End Users in a way that is accurate and compliant with applicable law.
Depending on the delivery model in the Service Order, End User traffic is handed to you at the NNI for addressing from your own space, or we assign IP addressing. Addresses we assign are licensed for the term of the Service, are not portable, and may be renumbered on reasonable notice for network or registry reasons. You may announce your own address space to us where the Service Order provides for it; you warrant that you are authorized to use any address space you ask us to route.
You are the Internet service provider of record for your End Users. You will operate an abuse contact, respond to abuse reports concerning your End Users, and comply with your obligations under the notice-and-notice provisions of the Copyright Act (Canada). Where we receive an abuse report, an infringement notice or a lawful demand that maps to an access we provide to you, we will, where legally permitted, forward or refer it to you, and you will handle it in accordance with your legal obligations. If your End Users' traffic is causing harm to our network or to third parties and you do not act promptly on notice, we may suspend the affected accesses under section 13 of the Master Agreement.
You provide all support to your End Users and perform first-level diagnosis, including confirming premises equipment, power and wiring, before referring a fault to us. We accept fault referrals from your designated technical contacts through the channels and hours stated in the Service Order. Where a dispatch finds the fault in your End User's equipment or premises wiring beyond the demarcation point, the diagnostic dispatch charge in the Service Order applies. Service level targets and credits, if any, are as stated in the Service Order.
Where we supply a modem, optical network terminal, radio or gateway for an access, it remains our property (or the underlying carrier's), must be used only with the Service, and must be returned within thirty (30) days of disconnection of that access, failing which the replacement charge in the Service Order or, if none is stated, the equipment's replacement cost applies. You are responsible for recovering equipment from your End Users.