This Services Agreement (“Agreement”) is entered into between BluArc Communications Inc (“BluArc”) and you (“Customer”) for the purchase and provisioning of BluArc Hosted services.
BluArc provides you with, and you agree you have received, an express opportunity to accept or decline the terms and conditions set forth in this Agreement. By using the BluArc Hosted Services, you agree to the following terms and conditions:
- Service. Sale of BluArc Hosted services is contingent upon Customer subscribing to sufficient broadband data services from BluArc throughout the term of this Agreement. Provision of desired level of service is subject to availability of appropriate broadband service.
- Activation Date/Term. The Activation Date is the date on which Hosted service is available to Customer and Customer can receive inbound calls on its own phone numbers. BluArc will begin monthly billing to Customer for service on the Activation Date. The term of this Agreement shall commence on the Activation Date and end on the last day of the calendar month after the contract term length of this Agreement has passed (“Expiration Date”).
- Payment. All invoices are due and payable according to the payment terms on the Customer’s invoice or statement. Customer shall send payments to the address specified in the invoice, or may make payments through other arrangements (e.g. credit card, direct bill pay) that BluArc offers to the Customer. BluArc may, in addition to any other remedies available to it, impose a late fee for non-payment and may suspend service to accounts over ten (10) calendar days past due, however, such interruption does not relieve Customer of the obligation to pay its monthly charges for the remaining term of this Agreement. Customer agrees to pay BluArc its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement.
- Billing. BluArc will bill the Customer monthly for service charges up to and including the date of the invoice. Payment terms will be Net 21 days.
- Service Level Objectives. 10MB Fibre and/or T1 DPLS services shall have a service level objective of an average four-hour mean time to repair (MTTR), determined on a monthly basis.
- Installation. Customer represents that it is either the owner of the Customer’s premises (the “Premises”), or, in the event Customer is a tenant or other occupant of the Premises, the Customer represents that the Customer has secured permission of the Customer’s landlord/building owner (“Landlord”) for the installation of all equipment to implement the terms of this Agreement, including, but not limited to, customer-premise equipment (“CPE”) connected to the Customer’s computers and telephone systems, LAN and telephone jacks installed in wall of Premises, power connections, and lines wired through interior and/or exterior walls of the Premises (the “Equipment”). The Customer shall secure all licenses, permits, rights‑of‑way and other arrangements necessary for such installation. The Customer also agrees to pay BluArc the full costs of early termination in the event Customer’s Landlord requires that the Equipment be removed. Subject to the provisions of this Agreement, BluArc shall attempt to schedule and conduct installation and maintenance activities so as not to unreasonably interfere with any Customer business operations at the Premises. Customer agrees to pay a $100 Missed Appointment Fee if an Installation Technician arrives at the site and is unable to complete installation because Customer is not available and/or unable to grant access to all areas required for successful installation. Customer shall furnish, without charge, space, electrical power, and environmental conditions reasonably required by BluArc for provision of the Hosted Services. Customer shall allow BluArc continuous access and right-of-way to Customer’s Premises for provision and maintenance of the Equipment and CPE.
- Moves, Service Upgrades, Service Downgrades. If Customer moves locations at any time during the term of this Agreement and wishes to continue BluArc services at a new location, a new Site Form must be completed and a new Agreement may be required. Additional Installation and Move Fees may apply, depending on the new location and installation requirements, and will be solely at BluArc’s discretion. If, during the term of this Agreement, Customer elects to change its service features and/or options, such as increasing the number of phones, lines, or long distance minutes, the new monthly rate will be effective as of the next billing period. If any service change requires a technician dispatch or new equipment installation, a new Installation Fee and/or Equipment Charge may apply.
- Renewal. If at the conclusion of this term, Customer wishes to discontinue service, Customer must notify BluArc of its intent, in writing, 30 days before the expiration date of the term. Otherwise this Agreement shall automatically renew for 12 months at the prices then in effect and remain as such until either party cancels with 30 days written notice to the other party. On the first day of each calendar month during this period, the Expiration Date will become the last day of that calendar month.
- Early Termination Liability. If Customer cancels this Agreement prior to the Activation Date, a $1500 order-processing fee will be applied and shall be due immediately. If BluArc incurs additional fees from a third party for the cancellation of any facilities it has ordered on Customer’s behalf to support this Agreement, those charges will also be due immediately.Customer may terminate this Agreement at any time prior to the Expiration Date by giving at least thirty (30) days notice prior to the proposed termination date. Customer agrees to pay BluArc in full for all outstanding balances due up to the date of termination, plus 50% of remaining monthly charges. If BluArc incurs additional fees from a third party for the cancellation of any facilities it has ordered on Customer’s behalf to support this Agreement, those charges will also be due immediately.BluArc reserves the right to suspend or terminate service without notice to accounts in violation of this Agreement or due to circumstances beyond BluArc’s control. If BluArc terminates this Agreement prior to the Expiration Date due to Customer violation, Customer agrees to pay BluArc in full for all outstanding balances due up to the date of termination, plus a $1500 early termination fee. If BluArc incurs additional fees from a third party for the cancellation of any facilities it has ordered on Customer’s behalf to support this Agreement, those charges will also be due immediately.Upon termination of this Agreement for any reason, it becomes the Customer’s responsibility to make all of the arrangements for the return of any BluArc-owned equipment to BluArc, at Customer’s cost and expense.
- Previous Contracts. Customer agrees that BluArc is in no way responsible for the termination of any service contracts or agreements with other communications service providers, or any service termination charges that might result from cancellation of said services. Customer agrees to be either (a) fully released from past service contracts, and/or (b) fully aware of and willing to pay any termination charges imposed by and due to other communication service providers.
- BluArc Network. Customer shall be liable for any damages to BluArc network facilities if caused by (a) Customer, or Customer’s agents, employees or suppliers breach or default of the terms set forth in this Agreement; or (b) malfunction or failure of any equipment or facility provided by Customer or its agents, employees or suppliers.
- Customer-supplied CPE. In cases where BluArc may approve the use of existing customer CPE (e.g. routers, switches) for use with Hosted services, Customer takes full responsibility for any service degradation, outages, or loss of business caused by the installation, maintenance, or operation of such equipment. Customer will provide BluArc full remote and administrative access to such equipment, to allow BluArc to ensure service delivery and proper operation of its services. If BluArc deems the equipment insufficient to support Hosted services at any time, Customer must replace the equipment when requested by BluArc. If Customer refuses to replace the equipment at BluArc’s request, Customer understands that it will be in violation of this Agreement and subject to any treatment and fees resulting from early termination.
- Equipment Sales. Customer understands that any equipment sold by BluArc to Customer (“BluArc Provided Equipment”) may be refurbished, in order to minimize costs to the Customer. Such equipment will perform as comparable new equipment and will be sufficient to support BluArc’s service quality levels. Customer has the right to request new equipment for any or all service components, at the full (and likely higher) price for such equipment.
- Customer Obligations.
- Rules. While using BluArc’s Hosted services, Customer may not:
- post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the services or the Internet;
- post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
- post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;
- upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization, from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or faming;
- use the services for an unattended automated operation, including but not limited to point‑of‑sales applications. Customer further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection;
- engage in accounting sharing, including, without limitation, permitting third parties to use your Service account and password;
- use the Service for simultaneous sessions using the same User ID and Password;
- tamper with, alter or otherwise rearrange the services. The Customer shall not abuse or fraudulently use BluArc, or permit or assist others to do so (i) in any manner that interferes with the services or the provision thereof, or the network of BluArc or access thereto by other users of such network; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights; or
- for commercial purposes, resell or remarket all or any portion of the services provided under this Agreement.
The Customer shall be solely responsible for use of the services by any of its employees, officers, directors, agents and its Customers. The Customer agrees to take all necessary measures to ensure that such persons use the services in accordance with the terms and conditions of this Agreement. The Customer agrees to comply with any third party software license terms and conditions in respect of software used by the Customer in connection with use of the services.The Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment. BluArc shall not be responsible if any changes in the services cause equipment, hardware or software provided by the Customer to become obsolete, require modification or attention, or otherwise affect performance of same.BluArc reserves the right to take all actions, including immediate suspension of the services, which it considers necessary to assure compliance by the Customer with this Agreement. The Customer will be responsible for all additional costs, liabilities and expenses incurred by BluArc resulting directly from a breach by the Customer of this Agreement.
- Your Equipment. It is your responsibility to ensure that your computer system meets the minimum requirements stated by BluArc as being necessary to use the service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
- Your Can Best Control the Risk and Therefore Are Responsible. BluArc will not assume any responsibility for Customer’s acts or omission or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are Customer’s responsibility. As between BluArc and Customer is better able to put in place physical and procedural impediments to the inappropriate use of and to supervise Customer’s account. Account and password protection will be Customer’s responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the services.
- Monitoring. BluArc has no obligation to monitor the services. However, in order to protect itself and its subscribers, BluArc will be entitled to electronically monitor the services from time to time and disclose any information concerning the Customer required by BluArc or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the services or to protect itself or others. BluArc will not intentionally monitor or disclose any private e-mail message unless required by law. BluArc reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation or these policies.
- Content. Customer acknowledges that some content, products or services available with or through the services (“Content”) may be offensive or may not comply with applicable laws. Customer understands that neither BluArc nor any of its affiliates attempt to censor or monitor any Content. Customer also acknowledges that neither BluArc nor any of its affiliates have any obligation to monitor Customer’s use of the services and, except as provided herein, have no control over such use. Customer understands, however, that such Content may be subject to “catching” at intermediate locations on the Internet when being accessed through the services. Customer assumes total responsibility and risk for access to or use of Content and for Customer’s use of the services and the Internet. BluArc and its affiliates assume no liability whatsoever for any claims or losses arising out of our otherwise relating to Customer’s access to or use of Content.
- Privacy. BluArc cannot guarantee privacy. Customer’s messages may be the subject of unauthorized third party interception and review. BluArc therefore recommends that the services not be used for the transmission of confidential information. Any such use shall be at the sole risk and BluArc, its affiliates and its agents shall be relieved from all liability in connection therewith.
- E-mail. Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. Customers will not use another site’s mail server to reply mail.
- Usenet. Customers shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e‑mail mailing lists or other similar groups or lists. Customers will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off‑topic according to the charter or other owned‑published FAQ or description of the group or list.
- System or Network Security. Customers are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of BluArc’s or a third party’s network, data or information.Customers are prohibited to interfere with service to any user, host or network including without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.Customers are prohibited to forge any TCP‑IP packet header or any part of the header information in an e-mail or newsgroup posting.
- Violation of Internet Use Policies.BluArc considers the above practice to constitute abuse of its service. Therefore, BluArc’s terms and conditions of service prohibit these practices. Engaging in one or more these practices may result in termination or suspension of the Customer’s account and/or access to BluArc’s services in accordance with the Customer’s agreement with BluArc.Nothing contained in this Agreement shall be construed to limit BluArc’s actions or remedies in any way with respect to any of the foregoing activities. BluArc reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the BluArc services, and levying cancellation charges to cover BluArc’s costs. In addition, BluArc reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
- Rules. While using BluArc’s Hosted services, Customer may not:
- 911 Information. We want to make sure that you are aware of important differences in the way 9-1-1 service operates with VoIP phone services when compared with traditional telephone service. Here’s what you need to keep in mind:Differences between traditional E911 Service versus 9-1-1 Service for bluArc’s Teleworker, openConnect and mobileConnect Phone ServicesbluArc’s trueConnect VoIP service supports E911 capability just as your home phone does. When you dial 9-1-1 while using bluArc’s trueConnect Phone Services your call routes directly to the iate Public Services Answering Point (PSAP) and your address information is automatically presented to the operator. bluArc can do this because when you are directly connected to the bluArc network, we know exactly where your phones are located. When you use bluArc’s Teleworker, openConnect, or mobileConnect Phone Services, you do not have a direct connection to the bluArc network. You are connecting through the Internet, and as such, your 9-1-1 service works in a manner similar to other Internet VoIP service providers. When you dial 9-1-1 from a bluArc Teleworker, openConnect, or mobileConnect Phone Service your call is routed to a third-party answering service. One of the first things the answering service will do is confirm your location based on information on file. If you are not at the location on file the answering service will ask for your current location along with other information such as the nature of the emergency.Remember to verify your locationBecause you can move your Teleworker, openConnect or mobileConnect Phone Service between locations and because, for technical reasons, the emergency operator may not have your name, location or contact information available, you must immediately inform the emergency operator of your location and contact particulars any time you call 9-1-1. Do not risk sending police or ambulance services to the wrong location!Be prepared during any service interruptionTeleworker, openConnect, and mobileConnect Phone Service depends not only on your continued subscription (and payment) for the service, but also on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), or if your service is disconnected or suspended due to non-payment, you may experience a failure, disruption or delay in your 9-1-1 service. We recommend that you keep an alternative phone service handy to increase the reliability of your access to emergency services during any service interruption.
Do not disconnect
Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.
Keep your service address up to date
bluArc Communications Inc. will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address.
Inform other users
You must notify members of your household and other potential users of your Teleworker, openConnect or mobileConnect Phone Service of the nature and limitations of 9-1-1 emergency calls. To make this easier, attach the included stickers in a visible location on your telephone sets (for example on the right hand corner below the keypad).
911 Limitations of Liability
The following are Import limitations regarding placing 9-1-1 Calls from your bluArc mobileConnect Client. PLEASE READ CAREFULLY.
- When you dial 9-1-1 from the wireless phone’s native dialer of your Wireless Device, your call will route in the traditional manner to the proper Public Safety Answering Point (“PSAP”) based on the location you are calling from.
- When you dial 9-1-1 while using the bluArc mobileConnect Client (by CounterPath) on your Smartphone, the mobileConnect Client on ‘best efforts’ basis, and depending on the mobile operating systems, will attempt to pass the number to the wireless phone’s native dialer using a pass-through methodology. If successful; for Android Smartphones – the number will be pre-populated for the user to hit send/call; for iOS Smartphones – the call will immediately be dialed. Please note that there is no reliable way for 3rd-party clients to determine if the cellular call was successful via the wireless phone’s native dialer or not, the call attempt is simply passed to the wireless phone’s native dialer regardless of cellular signal strength or availability.
- If the wireless phone’s native dialer on the Smartphone is unavailable, or is not present on the device you are using (such as iPod Touch, iPads and Android Tablets); and you have Wi-Fi connectivity, you can connect to emergency services by dialing 9-9-1-1. Dialing 9-9-1-1 using the bluArc mobileConnect Client will route your call through the bluArc system to a specialized emergency call centre that handles emergency calls. Because you can move your bluArc mobileConnect Client to different locations, and because, for technical reasons, the 9-1-1 operator may not have your name, location or contact information available, any time you dial 9-9-1-1 using the bluArc mobileConnect Client, you must immediately inform the emergency operator of your location (or the location of the emergency, if different). The emergency operator will then connect you to the proper PSAP. It is important that you do not hang up unless directly told to do so, and if disconnected, you must immediately dial 9-9-1-1 again. You should also be prepared to provide your call-back number to the emergency operator.
- If you are using the bluArc mobileConnect Client on your Smartphone and you need to dial emergency services, bluArc recommends that you close the mobileConnect Client and place the 9-1- 1 call from your wireless phone’s native dialer (e.g., your wireless phone) rather than through the bluArc mobileConnect Client, so that your call will route in the traditional manner to the proper PSAP based on the location you are calling from. If you do use the bluArc mobileConnect Client to dial emergency services by dialing 9- 9-1-1, and you move out of Wi-Fi or mobile network range, or have no Wi-Fi or mobile network connection, your emergency call to will not be successful, will drop, or will terminate and the specialized emergency call centre and/or PSAP will not have any method of re-connecting with you. In this event, your emergency call will not be re-connected, even if your Wi-Fi or mobile network connection is subsequently restored, or you move back into Wi-Fi or mobile network range. As such, if you need to dial 9-1-1 from your smartphone while using the bluArc mobileConnect Client, you should close the bluArc mobileConnect Client and use your wireless phone’s native dialer to dial 9-1-1.
- Neither bluArc nor any of its affiliates will be liable for any costs or damages arising either directly or indirectly from the use of a mobile client and mobile application service for Emergency Calls.
- Future Taxation. Customer understands that some of BluArc Hosted services are regulated or tariffed by governmental body, such as the CRTC. BluArc does incur governmental taxation from tariffed services it uses to provide service, but these taxes are not imposed on Customers. Customer understands that if future legal, governmental, or other related conditions force the imposition of additional taxation on Hosted services or if any governmental body increases the tariffs relating to certain services during the term of this Agreement, BluArc may be required to charge additional taxes and/or service fees to Customer. BluArc will make every effort to minimize the impact of any such taxes and fees on Customers, if they arise.
- Force Majeure. Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, labor disputes, terrorist activities, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, third party non-performance, equipment failures, transportation difficulties, or other occurrences which are beyond the delayed party’s reasonable control, provided that the delayed party provides the other party with prompt notice of such delay.
- Warranty. BluArc exercises no control over and accepts no responsibility for, the content of the information passing through BluArc host computers, network hubs and points of presence (the “BluArc Network”). BluArc (a) makes no representations or warranties of any kind, whether express or implied, including, for the purposes of illustration, but not limited to, for installation of equipment and/or the services and equipment it is providing, and (b) disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose. Use of any information obtained via the BluArc Network is at Customer’s own risk. BluArc specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Acceptable Use. Customer agrees to use BluArc services only for purposes for which they are intended. Customer shall only access BluArc network resources via BluArc-approved methods, hardware, and/or software. BluArc reserves the right to amend this Agreement, effective upon Customer notification of the revised Agreement.
- Indemnification. Customer agrees to indemnify and hold harmless BluArc from any losses, damages, costs or expenses resulting from any third party claim or allegation (“Claim”) arising out of or relating to use of the service, including, for the purposes of illustration, but not limited to, any Claim which, if true, (a) would constitute a violation of the Acceptable Use Policy as defined herein, (b) relates to the quality, performance, and/or systems integrity of the installation or operation of equipment or facilities (e.g., network interface cards, cabling, radios, switches, routers, or phones) in connection with the provision of service under this Agreement, and/or (c) is based on or arises out of a claim that Customer infringes: (i) any third party patent issued from or third party trade secret recognized by any country belonging to the Patent Cooperation treaty; (ii) any third party copyright issued from any country belonging to the Berne Convention; (iii) any third party trademark, service mark, logo or insignia identical to, or likely to cause confusion with such mark owned by the third party (collectively, “Third Party Rights”). Customer shall pay all damages, costs, fees, and other charges incurred by BluArc in any such third party actions, which are attributable to the aforementioned Third Party Rights.
- Limitation of Liability. Either party’s liability, whether in contract, tort, or otherwise, shall be limited to direct damages, which shall not exceed the aggregate applicable non-recurring and recurring monthly charges associated with the service (or, in the case of damage to a customer’s computer, the reasonable cost of replacing or repairing that computer); provided however, BluArc shall bear no liability for indirect, incidental, special, punitive or consequential damages in connection with the loss of data under any such circumstances. Neither party shall be liable in contract, tort, or otherwise for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, economic loss, loss of use, lost profits, lost revenue, or lost goodwill, that result from the installation by BluArc or its authorized representative or agent of equipment and/or facilities in connection with the provision of service, or from customer’s use of the BluArc network and the services including, without limitation, any such damages for loss of data resulting from delays, non-deliveries, misdeliveries, the installation of equipment and/or facilities, or service interruptions, regardless of whether such party was apprised of the possibility of such damages. BluArc shall not be liable for any act or omission for any other company or any third-party vendor furnishing any portion of service to Customer, including, but not limited to, the installation or use of any equipment owned by or leased by Customer, the installation or use of any equipment supplied to Customer by BluArc or any other supplier of equipment to Customer (under warranty, service agreement or otherwise), or any network service contracted by Customer or BluArc. BluArc will not be responsible for any penalties incurred from existing contractual agreements Customer may have in place with any other carriers.
- Resale. Connectivity and services are provided to Customer and Customer’s organization only. Resale to or use by persons outside the Customer’s Premises or to persons outside the Customer’s organization, is prohibited. BluArc may suspend the service or terminate this Agreement on notice of a violation of this Section.
- Assignment. Customer may not assign or transfer any of its rights or obligations under this Agreement without the express, prior written consent of BluArc. BluArc or its affiliates or subcontractors may perform some or all of the services provided hereunder. BluArc may assign its rights and the benefit of this Agreement at any time.
- No Waiver. No failure on the part of either party to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any further exercise thereof.
- The terms of this Agreement shall be held confidential by each party, as shall each party’s confidential or proprietary information (“Confidential Information”). Performance, discounts, and prices under this Agreement, the quality of BluArc Network performance, and any data provided by BluArc to Customer regarding performance of BluArc Network shall be deemed BluArc Confidential Information. Neither party shall disclose the other party’s Confidential Information to third parties without the other party’s written consent, except as permitted pursuant to this Section. Each party shall disseminate the other party’s Confidential Information among its employees, affiliates, or agents only on a need-to-know basis and shall use such Confidential Information only for the purpose of performing its obligations hereunder. To the extent a party is required by applicable law, regulation, government agency or court order, discovery request, subpoena, or investigative demand to disclose the terms of this Agreement or the other party’s Confidential Information, such party shall use its reasonable efforts to minimize such disclosure and to obtain an assurance that the recipient shall accord confidential treatment to such Confidential Information, and shall notify the other party contemporaneously of such disclosure. Either party in its discretion may terminate this Agreement for cause and without penalty upon ten (10) days’ written notice in the event of any breach of this Section. The parties acknowledge that monetary damages may be an inadequate remedy for any breach of this Section and that either party may seek injunctive relief or specific performance as a non-exclusive remedy for such breach. The confidentiality obligations set forth in this Section shall survive the termination or expiration of this Agreement.
- Privacy. BluArc will not sell, distribute, or otherwise make public any of the Customer’s business or service information, without prior written consent from the Customer. BluArc reserves the right to use any and all service information without associating it specifically to the Customer, e.g. for statistical purposes.
- Governing Law. This Agreement shall be governed by the laws of the Province of Ontario without regard to its choice of law provisions, applicable federal laws and any applicable tariffs, rules and regulations.
- Amendments to Terms Conditions. BluArc may at any time and from time to time change these terms and conditions and/or (unless otherwise expressly agreed with Customer) any fees, features or other aspects of Customer services upon notice to Customer and without Customer’s consent. Notification may be provided using one or more of the following methods: (a) postcard or letter mailed to your billing address; (b) e‑mail to one or more of your BluArc’s e‑mail accounts, if applicable; (c) posting on www.bluarc.ca; or (d) speaking to you or leaving a message for you. If you do not agree to any such changes of these terms and conditions and/or any fees, features or other aspects of the services, Customer’s sole and exclusive remedy is to immediately stop using the services and terminate Customer’s services. Customer’s continued use of the services following such notice means Customer agrees to such changes. These terms and conditions apply to all BluArc Hosted services billed on your invoice.
This Agreement contains the entire understanding between the parties hereto and supersedes all other agreements of the parties, whether oral or written. Any modification to this Agreement is not binding unless approved in writing by BluArc.