TERMS AND CONDITIONS OF THE
B2B2C TELECOMMUNICATION SERVICES CONTRACT
These terms and conditions apply to all telecommunication service contracts between you and B2B2C and set out the obligations and responsibilities related to the provision and use of the Service from your account. By accessing the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by such terms and conditions, you shall not have access to the Service.
The following words and phrases, when used in this Contract, its schedules, its modifications, and in any document ancillary to this Contract have, unless the context otherwise requires, the following meanings:
- “B2B2C” – means the company B2B2C INC. described above and its affiliates, suppliers, agents and representatives, if any.
- “Bandwidth” – includes the maximum transmission speed per second used by the Client or the amount of bits transmitted by the Client by time period.
- “Third Party Equipment and Services” – means any equipment, software, service or any other equipment not provided by B2B2C.
- “Account” – means the account you are assigned by B2B2C for you to have access to the Service.
- “Contract” – and the words “this”, “herein” and “hereof” mean, for each Service, this telecommunication services contract, including these terms and conditions.
- “Long distance package” –means the package permitting, within the planned area, the number of long distance minutes included in the above named Service described in the DESCRIPTION OF SERVICES section, if any.
- “Billing Period” – refers to the interval of one (1) month between each billing of monthly recurring charges payable for the Service.
- “Service” – means each residential service described herein, individually.
- “System” – means any type of equipment and computer software through which the Client accesses the Service.
- “you”/”your” – means the Client described above as well as any person you can authorize, from time to time, to use the Service.
3. SERVICE AND TERM OF THE CONTRACT
- Enforceable contract – The Contract with B2B2C takes effect when your online, in store or phone order, as appropriate, is received and confirmed by B2B2C by e-mail or other means.
- Your Account – The Service is available to you through your account.
- Your subscription – The Service included in your subscription specified at the time of order and is detailed in the DESCRIPTION OF SERVICES section hereof.
- Your file – B2B2C ouvrira et maintiendra un dossier à votre nom qu’il conservera dans ses bureaux, comme il vous sera indiqué au moment de votre inscription au Service. Vous êtes responsable de transmettre à B2B2C vos coordonnées à jour, notamment votre adresse électronique, votre adresse postale, les renseignements relatifs au paiement du Service et l’adresse où le Service est fourni.
- Separate Contracts – Each Service described above is deemed to be a separate Contract subject to these terms and conditions.
- Individuality of Services – Each Service, individually, may be for a fixed or indefinite term, as described in the DESCRIPTION OF SERVICES section hereof and may be terminated separately under the terms and conditions of this Contract.
- Promotional Plan associated with the Service – Each Service can be combined with one or more promotional plans, described above if any, under which B2B2C grants the Client economic benefits on such Service or a partial or full discount on the sales price of a good sold in relation to the Contract. It is understood that the termination of the Service automatically results in the termination of the promotional plan(s) matched with the associated Service.
- Termination and severance – You may at any time terminate this Contract, subject to payment of the applicable severance fee, if any, as described in Section 7 hereof.
4. GENERAL POLICIES OF USE
- Liability – You are solely responsible for all access to a Service from your Account.
- Terms of the Contract – You agree to comply with applicable laws and the policies of B2B2C, as described in this Contract and as may be amended from time to time, in accordance with the provisions of section 4.13 of the Contract.
- Information about the Service – B2B2C will send you, on a regular basis and when required, to the email address indicated in your file, relevant information on the Service. You agree to take cognizance of all information sent by B2B2C regarding the Service. By continuing to access the Service after the transmission of such information, you confirm that you agree to be bound by this information.
- Residential use and non-alteration of Service – You agree to use the Service and any equipment provided in relation to the Service exclusively for residential use and in a manner so as not to affect or alter the operation or effectiveness of the Service, or put it at risk. Without limiting the generality of the foregoing, you undertake in particular not to use the Service or any equipment provided under the Service for the operation of a business providing Internet services or other non-residential use.
- Review by B2B2C – Any Service is only available for personal, residential, non-commercial, non-professional use and does not apply to any other use. You agree that B2B2C may review your Account in order to prevent and detect improper use under the provisions of this Contract. If your Service is used in a manner that does not conform to the provisions of this Contract, B2B2C reserves the right to suspend the Service in accordance with the provisions of section 14 hereof.
- Long distance call fees – When making long distance calls not included in your Long Distance Plan, long distance charges will be billed according to the rates in effect on the https://espace.b2b2c.ca website.
- Third party service provider costs – Where, through the use of your Service, you incur expenses not included in the Service and provided by a third party service provider, including all user fees for 1010 long distance service charges, 411, 711 or any other expenses resulting from the use of a third party service provider, you agree to be responsible for such costs incurred from your account, all in accordance with the then-current rates of such third party service provider.
- Long distance fee limits – When you incur an amount of $ 50.00 or more for long distance charges not included in your Long Distance Plan during a billing period, B2B2C shall withdraw, by direct debit or from your credit card according to the payment method specified in your Account, such amount of long distance charges incurred and not included in your Long Distance Plan, plus applicable taxes. B2B2C shall send you an email notification to the effect that such payment was taken. This automatic debit mechanism will be repeated for every $ 50.00 of additional long distance charges incurred during the current billing period and not included in your Long Distance Plan. If B2B2C is unable, for any reason, to withdraw from your bank account or your credit card the amount of long distance charges incurred not included in your Long Distance Plan, B2B2C shall suspend your Service until the payment of all long distance charges not included in your Long Distance Plan, including applicable taxes, has been made.
- General Prohibitions – When using the Service, you may not post, transmit or distribute in any way information or content constituting an offense under the Criminal Code or that encourages conduct constituting an offense under the Criminal Code, or that may give rise to civil liability. It is also forbidden to use the Service illegally or in violation of B2B2C policies and this Contract, or to prevent, in any way whatsoever, other users or B2B2C clients to use or enjoy the Service or the Internet.
- Securing Your System – It is your responsibility to protect your system by appropriate means, such as with software available on the market against theft, unauthorized use or system corruption. You are responsible to set up the material and technical constraints required to prevent illegal use of your account and to insure that it is monitored. It is also up to you to ensure due protection of your account and password. B2B2C shall not be held liable in any case because of any corrupted files or viruses which affect your use of the Service. Any detriment caused to the network arising from your failure to properly secure your system may result in immediate termination of the Contract by B2B2C in accordance with the provisions of section 14 hereof.
- Confidentiality – B2B2C cannot ensure or guarantee the confidentiality of the user of the Service resulting from the use of such Service. Use of the Service for the transfer, transmission or reception of confidential data remains your responsibility and at your own risk, and B2B2C is discharged of all responsibility in this regard and cannot be held responsible for any damage caused by such loss of confidentiality.
- User Information – B2B2C is not required to monitor the Service. However, you agree that it may, on occasion electronically monitor the Service and disclose any information necessary to satisfy any law, regulation or governmental request, to operate the Service or to protect itself or third parties.
- Change in Contract – B2B2C may, from time to time amend any or each of the provisions of this Contract in relation to elements provided in the following sections and items: the “Description of services” section, section 3 – Service and term of the Contract, section 4 – General Policies of use, section 5 – Payment of services, section 6 – Renewal and termination policies, section 7 – Termination fees, section 9 – Modem, section 10 – Other terms and conditions, section 11 – Provisions relating to the 9-1-1 service, section 12 – Limitation of Liability, and section 14 – Termination and suspension of the Account and Article 16 – Provisions pertaining to Kaspersky Services, by sending you a written notice at least thirty (30) days before the entry into force of the amendment to the Contract. Such notice, written clearly and legibly, shall exclusively contain the amended terms and their earlier version, the effective date and the notice informing you of your right to refuse the amendment and cancel the Contract, and the related terms. If the change results in an increase of your obligations or in a reduction of B2B2C’s obligations, you can refuse such change and terminate the Contract, as amended, without penalty or termination fee by sending B2B2C a notice of termination within thirty (30) days of the entry into force of the amendment. Upon expiry of this period, you will be deemed to have accepted the changes and any subsequent termination will be in accordance with the terms of the Contract as amended, and termination fees shall be payable, if any, in accordance with the provisions of section 7 hereof, as amended.
5. PAIEMENT OF SERVICES
- Consideration – The Service is offered in return for the payment of monthly recurring charges, installation fees, activation fees, charges for use of Bandwidth, long distance charges and any other fees, if any, that were specified to you at the time of the order and are described herein above.
- Additional fees – You also agree that additional fees may also be charged for data transfers over the Internet, or for long distance minutes exceeding the amount included in the applicable Service, in accordance with the terms and conditions hereof.
- Current Month – Fees related to the Service for the months already started will be calculated in proportion to the days during which the Service was provided on the total number of days of the month in question, except in cases specifically provided for in this Contract where already started months are deemed to be complete months for the purposes hereof.
- Payment methods – Only payments by credit card or by automatic debit are accepted.
- Billing Omission – If B2B2C fails to charge you any fees or charges you insufficient fees, you will not be required to pay the omitted or under-invoiced fees except in the following cases: i) in the case of periodic fees, the appropriate amount will be charged within the one (1) year period from the date the charge was incurred; or ii) in the case of non-recurring charges, the appropriate amount will be charged within the one (1) year period from the date such expenses are incurred.
- Online invoice – You can review your monthly bill online using the “Subscriber Area” section of the https://espace.b2b2c.ca/ website.
6. RENEWAL AND TERMINATION POLICIES
- Automatic Renewal – If a Contract was concluded for a fixed term, this Contract will, upon its expiry, be renewed for an Indefinite period, at the then current price for the Service indicated on the https://espace.b2b2c.ca website.
- End of automatic renewal – A Client with a fixed-term Contract may impede its automatic renewal under section 6.1 by sending a notice of non-renewal to B2B2C at the earliest thirty (30) days before the end of the Contract and no later than the day of maturity of such fixed-term Contract.
- Termination – A Client who holds a fixed-term or Indefinite term Contract may, at any time during the term of the Contract and any renewal term thereof, if any, upon payment for Services rendered and the applicable termination fee in accordance with the provisions of section 7 – Termination fees hereof, if applicable, terminate the Contract by sending a notice of termination to B2B2C.
- Transmission of the notice of termination or non-renewal – The Client may send the notice of non-renewal or the notice of termination by calling B2B2C’s customer service at 1-800-965-9065 and complying with the required identification formalities. A confirmation of your request for non-renewal or termination will be sent by B2B2C by e-mail or by another method, as the case may be.
- End of service – If the Client transmits, in accordance with this section 6 of the Contract, a notice of non-renewal, the Contract or the Service will terminate on the due date stipulated in the Contract. In case the Client transmits a notice of termination in accordance with this section 6 of the Contract, the Contract or the Service will end, at the option of the Client, on the date of delivery of the notice of termination or at the end of the month during which the notice was sent.
7. TERMINATION FEES
- Termination fees of a fixed-term Contract – (a) If the Client cancels a Contract or a fixed-term Service and B2B2C had consented to him, in consideration of the Contract or the Service thus terminated, an economic benefit, the Client must then pay compensation in an amount equivalent to the economic benefit specified in the Contract, less the amount obtained by multiplying that sum by a fraction representing the number of full number of elapsed months of the Contract with respect to the total duration of said Contract. The month begun at the time of termination is considered a completely past month. (b) If the Client cancels a Contract or a fixed-term Service and B2B2C has not granted him any economic benefit in consideration of such a Contract or Service, the Client must pay compensation equivalent to the lesser of $ 50, or the amount representing 10% of the price of Services detailed in the Contract that have not been provided.
- Termination of an Indefinite term Contract – (a) If the Client terminates an Indefinite term Contract or Service and B2B2C granted it partial or total remittance of the selling price of a good purchased in consideration of the Contract or the Service, and that the benefit of this discount is acquired gradually by the cost of Services used or a function of time, the Client must pay compensation equivalent to the amount of the final selling price of the good at the time of conclusion of the Contract less the amount obtained by multiplying 1/48 of the balance by the number of entirely elapsed months of the Contract. The month begun at the time of termination is considered a completely passed month. (b) If the Client terminates an Indefinite term Contract or service without B2B2C having granted it a partial or total remittance of the selling price of a good purchased in consideration of the Contract or the Service, no termination fee is payable.
8. INSTALLATION OF THE SERVICE
- Installation appointment – B2B2C will in no event be liable for any claims, damages, losses or expenses, including, without limitation, any lost wages or missed work for any installation appointment, or if you miss an installation appointment.
- Prerequisites – A Modem is required to use the Internet access Service and IP telephony.
- User Fees – Pursuant to section 5 hereof separate additional fees, as specified by B2B2C on occasion, may apply to the use of the Modem provided by B2B2C to use the Service.
- Property of B2B2C – If, as stated in the Description of leaned equipment section, a Modem is provided free of charge by B2B2C, it remains at all times the property of B2B2C. Also, if the Service is canceled or if the Contract is terminated for any reason whatsoever, the Modem and associated hardware you received must be returned to B2B2C.
- User Terms for the Modem and other equipment – You agree to use the Modem (if it is provided by B2B2C) and any other hardware or software that was given to you, and to maintain them, according to operating instructions you received from B2B2C and with care, prudence and diligence. You also agree to return the Modem and associated equipment in good condition at your expense and risk and in accordance with the provisions hereof.
- Limited warranty – The Modem and equipment provided by B2B2C are provided “as is” and “to the extent that they are available” without any warranty or condition.
- Assumption of risk and survival of obligations – You agree to assume all risks of theft, damage or destruction of the Modem and equipment provided by B2B2C until such Modem and equipment are returned to B2B2C. All of your obligations in respect of the Modem and any other hardware or software that were remitted to you shall survive the expiration or termination of this Contract to the extent required for their implementation.
- Deadline for return and failure to return the Modem and associated equipment – Upon cancellation of the Service or termination of this Contract for any reason whatsoever, you are granted ten (10) days to return the Modem and associated equipment to B2B2C. We recommend that you obtain and keep a receipt from Canada Post or the courier used as proof of shipment. If, at the expiration of such ten (10) day period, B2B2C has not received the Modem and the equipment that you need to return, it will be interpreted by B2B2C as your intention not to return the Modem and equipment, and thus the value of the Modem and equipment, such as established at the execution of the Contract, will be imposed by B2B2C through direct debit or credit card, according to the payment method specified in your account, or will be claimed from you in another manner.
10. OTHER TERMS AND CONDITIONS
- Performance levels – Considering that the speed of Internet access Services depends on the existing bottlenecks on the Internet, B2B2C cannot guarantee the maximum level of performance (flow rate) of the Service. Notwithstanding this, B2B2C shall try to provide you, at all times, with the highest possible quality of service.
- IP address – B2B2C remains at all times the owner of any Internet Protocol address (“IP address”) assigned to you. IP addresses may change at any time during the term of the Contract without notice at the discretion of B2B2C. B2B2C declines all responsibility for any damages, claims, losses or expenses arising from any IP address change.
- Changes to existing telephone service – Should your local telephone service company, other than B2B2C, bring any changes to your local telephone service, you alone are responsible to notify B2B2C.
- Accessible content – B2B2C makes no attempt to censor or monitor the content that you access through the Service. B2B2C disclaims all liability for any claims or losses arising from access to such content or its use.
- Client Information – You acknowledge that B2B2C may retain and use any information, comments or ideas that you can transmit regarding the Service and all products and services related to the Service. You agree that such information, comments or ideas can be used by B2B2C in order to offer better service to you and to all of B2B2C’s Clients.
- Clause required under the Consumer Protection Act. (Long-term contract of lease) The consumer has no right of ownership in the goods leased. The merchant shall assume the risk of loss or deterioration by superior force of the goods forming the object of this contract except where the consumer withholds the goods without right or, where such is the case, after ownership of the goods has been transferred to him by the merchant. The consumer benefits from the same warranties respecting the leased goods as a consumer owning such goods. Where the consumer is in default to perform his obligation in the manner prescribed in this contract, the merchant may: (a) either exact immediate payment of that which is due; (b) or retake possession of the goods forming the object of the contract. Before retaking possession of the goods, the merchant must give the consumer a notice in writing of 30 days, during which time the consumer may, as he chooses (a) remedy the fact that he is in default; (b) return the goods to the merchant. The consumer may also return the goods to the merchant at any time during the leasing period even if he has not received a notice of repossession. If the consumer returns the goods to the merchant, the contract is rescinded of right. In such a case, the merchant is not bound to return to the consumer the amount of the payments due he has already received, and he cannot claim any damages other than those actually resulting, directly and immediately, from the rescission of the contract. The merchant is bound to minimize his damages. It is in the consumer’s interest to refer to sections 103, 150.10, 150.11 and 150.13 to 150.17 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
11. PROVISIONS RELATING TO THE 9-1-1 SERVICE
- 9-1-1 emergency service delivered by a local VoIP phone service – VoIP services allow you to make or receive telephone calls over the Internet to or from a public switched telephone network. The VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and conditions of their own, and you acknowledge and agree that differences exist between traditional telephone services and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
- Traditional 9-1-1 compared to VoIP 9-1-1 service – Due to the nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service are treated differently than calls made using the traditional phone service. The provisions of this section describe the differences and limitations of VoIP 9-1-1 emergency calls, and you hereby acknowledge and understand the differences listed below between the traditional 9-1-1 service and VoIP 9-1-1 with respect to 9-1-1 calls made via your VoIP connection.
- Making 9-1-1 calls – When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through to a third party provider service call center for public safety (“CCPS”) serving the address in your subscription record. However, due to limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location from where the call is routed through the traditional 9-1-1 service. For example, your call can be transferred to a third party that specializes in handling emergency calls. This call center is different from the CCPS that may be reached during a traditional 9-1-1 call and where your details are automatically displayed; therefore, you may need to provide your name, address and telephone number to the call center operator.
- Transmission of your contact information – The VoIP service will attempt to automatically provide the CCPS dispatcher or emergency service operator with the name, address and phone number listed in your subscription record. However, for technical reasons, the dispatcher receiving the call may be unable to record your name, phone number and the address of the place where you are. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher where you are (or the location of the emergency). If you are unable to speak, the dispatcher may not be able to establish your location if the contact details in your subscription record are not updated.
- Accuracy of Information – You are required to provide your contact information to B2B2C and keep it up to date (including your name, home address and phone number). If you do not properly specify the address where you are, or if your contact information has changed recently or if you have not updated it, the call may be routed to the wrong emergency call center.
- Termination of the call – As it is possible that the dispatcher does not have your number and your address, you should not terminate your 9-1-1 emergency call until the dispatcher tells you to do so. If you lose communication by mistake, call back immediately.
- Establishment time of the communication – For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or that the time of establishment of the communication is longer than that of a traditional 9-1-1 call.
- Inability to call 9-1-1 – For technical reasons, in the following situations, without limitation, it may be impossible to make VoIP 9-1-1 emergency calls, or the 9-1-1 service may be restricted: Failure of service or your service access device – if your service access device stops working or is not configured properly, or if your VoIP service is not functioning correctly for any reason whatsoever, including a power outage, VoIP service outage, suspension or disconnection of the service due to billing problems, network or Internet congestion, or network or Internet failure due to a power outage, because of the network or the Internet; you may need to restart or reconfigure the access device system before you can use the VoIP service, including 9–1–1 emergency calls; and, a change of location – if you install your access device to the system in a location other than that indicated in your subscription or contact information contained in your subscription file with B2B2C.
- Replacement Services – If the limits relating to 9-1-1 emergency call are problematic for you, B2B2C recommends that you terminate the VoIP services or consider an alternative for access to traditional 9-1-1 emergency services.
- Inform other users – You are required to inform, and you agree to notify, any current or potential user of your VoIP services of the nature and limitations of 9-1-1 emergency calls made through the VoIP service, in accordance with this Contract.
12. LIMITATION OF LIABILITY
- Non-availability of the service – Considering the nature of the DSL technology required for the provision of the Residential High speed Internet Service B2B2C may, until the date of installation, and even after it, establish that the Service is not available in your area.
- No liability – B2B2C disclaims all liability for claims, damages, losses or expenses arising from the non-availability of the service in your area, even if the non-availability is announced to you after installation.
- Equipment and services of third parties – You are responsible for the use of the Service with third-party equipment and services and their compatibility. B2B2C declines any responsibility for establishing compatibility between the Service and the equipment and services of third parties.
- Service Interruption – B2B2C does not guarantee the uninterrupted use or operation of the Service or products provided under this Contract.
- Data transfer – B2B2C does not guarantee that the data or files that you send or are sent to you will be transmitted in uncorrupted form or transmitted within a reasonable time, that such data or files will not be intercepted, that other users will not have access to your computer equipment or that the content or other materials available through the Service are free of viruses or other harmful components or that they will not be kept cached at intermediate locations
- No liability – Acts and omissions – The rates and fees charged by B2B2C are established based on the risk assessment specified in this Contract and the fact that it provides limited recourses against B2B2C. B2B2C assumes no responsibility for your acts or omissions, or those of anyone who uses your Account, including, without limitation, regarding liability for expenses incurred when making purchases or other transactions with the Service.
- Violation by you or third parties – B2B2C assumes no liability to you or any third party for any losses or expenses (including attorneys’ fees) relating to any allegation, claim, suit or other proceeding based upon a pretense that the use of the Service by you or a third party from your Account violates intellectual property rights or contractual rights of third parties or relating to any allegation, claim, suit or proceeding arising out of your use of the Service for the performance of any act of slander, infringement, of any act which is threatening, abusive, hateful, deceptive, or offensive, or the committing of any offense under the Criminal Code or any applicable law.
- Third party telecommunications carriers – B2B2C is not liable for any act or omission of a telecommunications carrier whose facilities are used in establishing connections to areas that B2B2C does not directly serve.
13. INDEMNIFICATION BY THE CLIENT
- Indemnity – You agree to indemnify and hold B2B2C harmless against all claims and liabilities, as well as for all costs, including legal fees, related to any violation of this Contract by you or anyone using your Account, or resulting from the use of the Service or your Account by you or by a third party.
- Extrajudicial fees – B2B2C reserves the right to claim all extrajudicial fees that it pays with respect to any defense it offer in relation with any lawsuits by third parties due to an improper use of the Service by you or a third party.
14. TERMINATION AND SUSPENSION OF THE ACCOUNT
- Right to suspend or terminate – B2B2C may suspend or restrict the Service or terminate this Contract if you have not paid B2B2C any amount due under this Contract or if there is a breach of the terms and conditions of this Contract.
- Alteration of use – In the case of a misuse of your Account in contravention of the obligations under section 4 hereof that has as effect to alter the operation or efficiency of the Service or to jeopardize it, B2B2C may suspend your Service until you have resolved the issue. If your Service is suspended and the problem is not resolved within thirty (30) days of the date you have been informed by B2B2C of the misuse, this Contract may be terminated and the Service ended.
- No release – Termination of the Contract does not, in any case, have for effect to free you of the obligations under this Contract that would have been born before the entry into force of said termination, particularly in respect of the payment of the amounts due and termination fees payable under the provisions of section 7 hereof.
- Termination at the discretion of B2B2C – If you are not in default in the performance of your obligations under this Contract, B2B2C may nevertheless, by prior written notice sent to you at least sixty (60) days to this effect, terminate any Indefinite term Contract.
15. FINAL PROVISIONS
- Entire Contract – This Contract and all documents and B2B2C policies referred to in it constitute the entire Contract between B2B2C and you with respect to their subject and supersede any prior contract or statement, written or oral, relating to their subject. There is no other statement, promise, representation, warranty or condition, whether written or oral, express or implied, with respect to the Service and/or any material provided, and it is understood that any modifications to the Contract, if any, must necessarily be in writing.
- No Waiver – B2B2C’s failure to insist upon strict performance of any provision of this Contract or its failure to enforce same should not be construed as a waiver of the application of such provision or of any right.
- Severability – If any provision of this Contract is deemed void, invalid or unenforceable by the courts having jurisdiction thereto with respect to any of the parties, this decision will have no effect on the other provisions of this Contract or their validity.
- Precedence – In case of any inconsistency between this Contract and any applicable tariff, the latter shall prevail, but only in respect of the conflicting provision.
- Governing Law – This Contract and its interpretation are governed by the laws of the Province of Quebec, Canada.
- Assignment of rights – B2B2C may assign its rights and obligations under this Contract without your prior written consent.
- English language – The parties acknowledge that they have required that this Contract and all related documents be prepared in English. Les parties reconnaissent avoir exigé que le présent Contrat et tous les documents connexes soient rédigés en anglais.
16. PROVISIONS PERTAINING TO KASPERSKY SERVICES
- The following provisions relate to the Services marketed under the brand “KASPERSKY” (hereinafter the “Kaspersky Services”), which are offered by Kaspersky Lab, Inc. (hereinafter “Kaspersky Lab”) pursuant to a distribution agreement between Kaspersky Lab and B2B2C. Kaspersky Lab is a duly incorporated business corporation in the state of Massachusetts with offices at 500 Unicorn Park Drive, Woburn, MA 01801 USA.
- If the Kaspersky Services Contract includes a free period, this will apply from the beginning of said Contract and the monthly recurring charges will begin upon expiry of this period.
- As distributor of Kaspersky Services, B2B2C’s role is limited to (i) communicate to you, via your Account, the activation code associated with the Kaspersky Services; (ii) help you with the downloading of the software components necessary to activate Kaspersky Services on your System (from the Kaspersky Lab website at my.kaspersky.com) and their installation. Kaspersky Lab is solely responsible for providing you with any other good or service necessary for the use of the Kaspersky Services, including without limitation, software, web management interfaces and all technical support and assistance resources.
- No information transmitted by Kaspersky Lab, whether through the Kaspersky Services, the Kaspersky Agreement or otherwise, can be construed as creating any warranty not expressly stipulated in this Contract with regards to the Kaspersky Services.
- Each Kaspersky Services are provided to you “as is” without representation or warranty of any kind, either express, implied, or statutory, notably, with regards to their reliability or interoperability. For the purpose of clarity, the use of Kaspersky Services is at your sole risk and B2B2C makes no warranty that (i) the Kaspersky Services will be provided uninterrupted or error-free; (ii) the results that may be obtained from the use of the Kaspersky Services will be accurate or reliable; and (iii) the quality of any product or service obtained by you through the Kaspersky Services will meet your expectations.