- Use of ASERTY services constitutes acceptance and agreement to ASERTY s Acceptable Use Policy("AUP") as well as ASERTY s these Terms of Service("TOS") . All provisions of this contract are subject to the ASERTY AUP. The AUP may be changed from time to time at the discretion of ASERTY. The Client understands that changes to the AUP by ASERTY shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario applicable to contracts enforceable in that province. Venue will be Ottawa, Ontario. -General: ASERTY Internet services are intended for your personal or business use; these services are not transferable and their use is expressly limited to you, your household, or your employees. Account sharing is not permitted. In the case of educational institutes, "employees" shall be understood to include the students and faculty of the subscribing institution. Furthermore, your subscription to ASERTY does not permit you to resell or otherwise provide Internet access or email service to others not defined by this Agreement or prior contract with ASERTY. Multiple simultaneous connections to any of the ASERTY access services is not permitted using a single aserty Client ID. The use of multiple connections will incur a charge for each connection at the current monthly rate for the service being accessed. These can be considered as possible security breaches and may result in the connections being terminated and the suspension of the suspect Client account. A fee may be charged to reinstate the account. -Privacy: Your communications with and through ASERTY Internet services will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, ASERTY will attempt to preserve the confidentiality of such communications in accordance with our Privacy Statement. However, you agree that ASERTY has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. ASERTY has no obligation to monitor ASERTY Internet. However, ASERTY reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. See the ASERTY Privacy Statement . -Notifications: The primary ASERTY email address will be the destination of your service invoices and any announcements, service bulletins, and other correspondence from ASERTY. You may assign any other email address to receive this mail by using the forwarding feature of your account. However, we cannot be responsible for mail that is undeliverable to an address that is not a part of the ASERTY service domain. You are ultimately responsible for retrieving and acting upon invoices and information delivered to your ASERTY mailbox. -Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. The Client agrees that ASERTY may disclose any and all client information including assigned IP numbers, account history, account use, or any such client information as requested to any law enforcement agent who makes a written request without further consent or notification to The Client. In addition ASERTY shall have the right to terminate all service set forth in this Agreement. -Service Rates: The Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client. The Client is aware that ASERTY may prospectively change the specified rates and charges from time to time. Any promotional offers are contingent upon ASERTY achieving and maintaining its cost of service goals including but not limited to rates charged to ASERTY by its suppliers. -Payment: Establishment of this service is dependent upon receipt by ASERTY of payment of stated charges. All payments are in advance. If service activation occurs prior to 15th of the month the service anniversary date will be the first day of the month on which service was activated; otherwise, the anniversary date will be the first day of the month following service activation. For HyperSpeed ADSL the cost of the first month of service will charged pro rata accordingly; dial-up services are charged at their full rate. Subsequent payments are due on the first day of the month for the forthcoming month s service when monthly, quarterly, or half yearly billing has been selected. Likewise, payment for yearly billing is due on the first day of the month when yearly billing came into effect. Upon sign up clients will be required to remit the amount for their first billing cycle plus the final service month. E.g., if your billing cycle is quarterly, or every three months, your first invoice will be for four months (3 1) of service. Invoicing will be by email to your ASERTY email address. The above applies to all accounts and services provided by ASERTY. -Fees for Non-Payment: Credit cards that are declined for any reason are subject to a $25.00 declination fee. Likewise, a $25.00 fee will be applied where bank cheques are returned as unnegotiable. Service will be suspended on accounts that become 15 days past due. Service will be disconnected 25 days after the due date. Service which has been suspended for nonpayment is subject to a $50 reconnect charge for dial-up service and $100 for ADSL service. Overdue balances will be subject to late payment charge of 2% compounded monthly (26.82% per annum). Accounts that are not collectable by ASERTY may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay ASERTY a "Processing and Collection" fee of not less than $100 nor more than $500. If you wish to cancel your account, please follow the proper procedure as outlined in this TOS. -Refund and Disputes: All payments to TGS Solutions Innovators, Incorporated are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ASERTY s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay ASERTY an "Administrative Fee" of not less than $50 and not more than $150. Early cancellation of service which was obtained under special pricing will result in reassessment of fees based on the regular monthly rate from the beginning of the service to the date of cancellation. Any waived installation charges will become due upon cancellation of service within the first year of that service. -Failure to Pay: ASERTY may temporarily deny service or terminate this Agreement upon the failure of the Client to pay charges when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. -Cancellation: All requests for service cancellation must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to TGS Solutions Innovators, Attn: Cancellations, P.O.Box 27119, Ottawa, ON K1J 9M7. You must provide all account information to cancel. Cancellation within the first three months of service may be subject to a cancellation fee of $100. Special reduced rates for service is dependant on your agreeing to a minimum of one year of services with ASERTY. Should you choose to cancel or reduce your service at any time during that first year you will be required to pay the full regular rate for the service, plus GST, for the months that you received service at the reduced rate. Similarly, should you cancel pre-paid year of service prior to the end of the one year term, you will be required to pay the full regular monthly rate, plus GST, for services received during that year. An early cancellation fee may also be assessed. Your order for the Service will be confirmed and you will have entered into a binding contract with ASERTY when (i) you submit your online order and it is accepted by ASERTY, or (ii) your phone order is confirmed by postal mail or email. If you subsequently cancel your order prior to activation of the Service you will be charged a $150 cancellation fee as liquidated damages for preparatory services as rendered by ASERTY. -The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ASERTY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Client agrees that ASERTY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ASERTY. The Client further acknowledges that ASERTY s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Client for services during the period damages occurred. In no event shall ASERTY be liable for any special or consequential damages, loss or injury. -New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by TGS Solutions Innovators Incorporated on behalf of the account holder a handling fee will be incurred. -Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to TGS Solutions Innovators Incorporated will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by TGS Solutions Innovators Incorporated on behalf of the account holder a handling fee will be incurred. If The Client cancels service during the transfer period for any reason, all charges are considered earned and are immediately payable.
Aserty is Gloucester-based company (Ontario, Canada) with a phone number 6137474212. Our data show that the company is located at the address: PO BOX 22013. The company has a web site: www.aserty.com.
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