DSL Terms of Service

NCF is a not-for-profit organization whose purpose is to facilitate communications for all residents in the National Capital Region. NCF has adopted a social enterprise approach by focusing its activities on the community. NCF offers Broadband Service to the Internet as a means of raising funds to support its activities. Ultimately, NCF is about a group of people coming together to share costs and to help each other out.

Please note that these terms of service, relate only to DSL Broadband services. All other services are covered by the NCF general Membership agreement.

In addition to this document, please take a look at DSL Processes, as this contains information on what to expect when working with NCF to establish or repair a broadband service.

Applicability

1. These Terms of Service apply only to Members of NCF who support NCF by subscribing to Broadband Services and do not replace any other terms or agreements under NCF's By-Laws or Membership agreements.
2. Broadband Services are offered only to Members of NCF. Membership in NCF is free and open to everyone. Conditions, rights and obligations of Membership are covered under separate agreements.
3. By subscribing to the Broadband Service offered by NCF you are supporting the not-for-profit mission and values of NCF.

Third Party Supplier

1. NCF is required to use a third party supplier to provide Broadband Internet Service as well as all installation and repair services for the Service.
2. Where NCF needs to contact the third party supplier to effect an installation of a new Service or a repair to an existing Service, the Member agrees to work with NCF and the third party supplier to complete the work.
3. If the third party supplier levies any fees for installation or repair services, NCF will pass these fees through to the Member and the Member agrees to pay them on their next invoice. NCF will work with the Member to dispute questionable fees, however, should NCF be unsuccessful in having questionable fees reversed, the Member will be required to pay them.
4. If the third party supplier requires the Member to be available at their premises, the Member agrees to have an adult (person 18 years of age or older) available. Should the member not make themselves available, they will not hold NCF responsible for any loss of Service, wages or any other alleged loss related to the installation or repair of services.
5. The Member acknowledges that any contact by NCF to the third party supplier may result in a visit to the Member’s premises and may incur fees to be charged at the third party supplier’s discretion. The Member agrees that such charges to NCF will be passed along to the Member on a cost-recovery basis.

Extra Fees

1. NCF is a reseller of Broadband Service provided by third party suppliers. Under reseller agreements with these suppliers, NCF is obligated to pay fees if the supplier deems these fees to be applicable. This normally occurs when the third party supplier deems that there are no problems with their network and/or equipment and that any issues experienced by the Member are a result of faulty Member-provided equipment, faulty wiring or any other cause. These fees are called Diagnostic Maintenance Charges (“DMC”). The supplier may also levy other fees. NCF will pass these fees along to members subscribing to these services on a cost-recovery basis.

No Service Level Agreement

1. NCF is a volunteer driven organization where much of its activities are carried out or supplemented by those volunteers. As such NCF is not in a position to offer any kind of agreement with relationship to any kind of service level. NCF will provide all Service on a best effort basis. This includes, but is not limited to:
   1. Time frames for delivery of services
   2. Time frames for repair of services
   3. Time frames for responding to requests for services or repairs
   4. Time frames for provision of technical support
   5. Guarantees on available transfer rates – all services are offered on an "up to" basis (i.e., "up to 6 Mbps" or "up to 15 Mbps") on a best effort basis
2. NCF is continuously working to ensure that our “best effort” is as good as or better than similar organizations. NCF encourages Members to consider volunteering their time or effort if they wish to contribute to this organizational goal.

Limitation of Liability

1. The Member acknowledges that NCF does not warrant the use of its Broadband Service for any particular purpose. Further NCF does not guarantee uninterrupted or error-free Service or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Member or its end-users through the use of the Service.
2. Under no circumstances will NCF or any third party providers be liable to the Member for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, including, lost profits, lost revenue, loss of data, loss of use of any information system, failure to realize expected savings or any other commercial or economic loss, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory even if NCF has been advised of the possibility of such loss or damage. The Member agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the circumstances of this agreement and that NCF would not have entered into this agreement but for Member's agreement to limit NCF's and its third party providers' liability in the manner, and to the extent, provided for herein.
3. NCF shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services.
4. The Member’s use of the Service is entirely their own responsibility. The Member will hold NCF harmless from any actions or inaction related to their use of the service.

Suggestions, Complaints, and Problem Resolution

NCF is a not-for-profit organization controlled by its members, and exists to serve its members and make our region a better place. If you have suggestions or complaints, please refer to Making Yourself Heard for information about reaching NCF staff and board members; their role is to serve you, as an NCF member.

See also

• DSL Processes
• DSL Rates