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 access 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 About NCF 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 is 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 services.
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 or 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 services provided by third party suppliers. Under reseller agreements with these organizations, 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 subscriber are a result of faulty customer 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 6Mbps", or "up to 15Mbps") 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. 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 Services 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 Services.
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. 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.

Commissioner for Complaints for Telecommunications Services ("CCTS")

1. The Canadian Radio-television Telecommunications Commission (CRTC) has mandated that all "Telecommunications Service Providers" (TSP) become a member of the CCTS. The CRTC has deemed that NCF falls within the definition of a TSP. The compulsory membership of NCF in the CCTS requires that we publish the following notice:
   1. CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.
   2. NCF requests that should you have an issue with services provided by NCF that you work with us to resolve any complaints within the spirit of a not-for-profit community organization.

See also

• About NCF DSL