JUCE CONNECT END USER AGREEMENT – TERMS OF SERVICE

Juce Connect Inc. pleased to provide Internet Services (the “Service”) to you on the terms set out below. Please read these Terms of Service carefully before using the Service.

1. INTERPRETATION: Through this agreement the words “we”, “our” and “us” refer to the Owner, Juce Connect Inc. and the words “you” and “your” refer to the Subscriber indicated on the Juce Connect Inc. Service Agreement.

2. AGREEMENT: These Terms of Service, the Service Agreement and Site Survey information, our Internet Use Policy, our Fair Access Policy and all other policies posted on our web site at https://juceconnect.com, constitute the entire agreement (the “Agreement”) between you and Juce Connect Inc. (“JUCE CONNECT” or “us” or “we”) with respect to your use of the Service. By establishing an account or using the Service, you agree to be bound by and to use the Service in compliance with the Agreement. We may change, add or remove portions of the Agreement at any time. We will notify you of any changes to the Agreement by a posting on our web site, or by email, postal mail, or other means. Continued use of the Service following notice of the changes means that you agree to and accept the Agreement as amended. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Service and notify us that you are terminating the Agreement.

3. THE SERVICE & SPEED: The Service includes the services specified on your Service Agreement and any other services that JUCE CONNECT may provide to you from time-to-time. JUCE CONNECT provides the Service on a “reasonable efforts” basis and does not guarantee upload or download speeds. Given the logical and physical design of the Internet network, JUCE CONNECT cannot guarantee a specific speed to subscribers when navigating particular sites.  There are numerous factors that affect internet speed, including but not limited to the subscriber’s location, weather, Internet traffic, the subscriber’s router capability, the subscriber’s WiFi signal in relation to their router, the specific technical configuration of the subscriber’s computer, the status of the subscriber’s computer (i.e. firewall, procedures for optimization, antivirus analysis, backup, etc.) and other factors beyond JUCE CONNECT’s control.

4. USE OF SERVICE: You are responsible for any illegal transaction, activity, download or upload generated to or from the Subscriber, directly or indirectly. JUCE CONNECT is not responsible for any other form of soliciting done to or from the Subscriber. JUCE CONNECT network is solely a means of directing requests from and to the Subscriber’s system.

5. SECURITY: You are responsible for protecting your account and password. JUCE CONNECT does not assume any responsibility for the acts or omissions of your use of the Service. You assume total responsibility and risk for access to or use of content and for the use of the Service.

6. CHANGES TO SERVICE: We reserve the right to change the Service, the monthly fees or administrative charges at any time upon 30 days notice. You understand that the facilities used to provide the Service may change from time to time. You also understand that if there is a change in Internet facilities, we may be required to realign and/or relocate your receiving antenna at our own expense to continue to receive the Service.

7. FEES: You agree to pay us the applicable monthly fees for the Service, all applicable taxes and any administrative charges that may be assessed (the “FEES”). You must provide us with accurate and complete billing information including your legal name, address, telephone number and banking information and report all changes to this information to us within 30 days of the change.

8. PAYMENTS: You authorize us to charge the Fees by way of the pre-authorized payment plan that you specify when you purchase the Services. The automatic billing will be made each month in advance. We are not responsible for any fees for overdrawn accounts, or similar expenses resulting from automatic billing. Delinquent accounts may be suspended or cancelled at our sole discretion. However, fees will continue to accrue until the account is cancelled. We may bill an additional charge to reinstate a suspended account. If you have questions regarding your account, you should contact 226-364-1212 or email sales@juceconnect.com. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

9. LATE FEES AND COLLECTION CHARGES: If any pre-authorized payment or other amount payable to us is not paid within ten (10) days of its due date, you agree to pay us a late charge of 2.0% per month of the amount which is late, or if less, the maximum amount allowable under applicable law. You also agree to pay us thirty dollars ($30.00) for each NSF accured for any reason.

10. EQUIPMENT: All hardware and software provided by JUCE CONNECT. remains the property of JUCE CONNECT excluding any hardware purchased directly by the Subscriber for use on the system. In no manner does the Subscriber have any right to tamper, modify, or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the JUCE CONNECT units.

11.SERVICE AND SUPPORT:

a. If a service call is requested regarding possible service interruption and any problem is found to be the fault of the JUCE CONNECT equipment, the problem will be resolved at no charge to the Subscriber. However, if it is found that the fault lies outside the JUCE CONNECT hardware, (de-marker point) a charge of $50.00 per call will be charged to the Subscriber, per incident, i.e., damaged networking cables. This rate may change and will be governed solely by JUCE CONNECT.

b. Juce Connect Inc. is not responsible for any downtime experienced by the Subscriber or for any possible loss of communication time. JUCE CONNECT will make any necessary repairs within four (4) business days of notification. JUCE CONNECT is not responsible for any monetary liability due to possible downtime, be it real or perceived.

c. If the network structure is inoperative for longer than 48 hours during regular business hours, JUCE CONNECT. will compensate the Subscriber for the failure directly/solely related to the JUCE CONNECT equipment, provided a written request for compensation is received within 48 hours of service restoration. This monetary compensation is limited to the prorated daily amount of the Subscriber’s regular monthly fee.

12. INSTALLATION: For subscribers of JUCE CONNECT, equipment is highly sophisticated, and our regulations for installing and pointing the antenna are very stringent, a professional JUCE CONNECT certified installation technician must install the Equipment.  JUCE CONNECT and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. The first two hours of installation are provided free of charge; however, any subsequent time will be billed at a rate of $50 per hour and must be paid by the Subscriber on the first billable invoice.  Additional hardware may be required and will be explained at the time of work commencement. An activation fee of $100.00 and a setup fee of $100.00 per Subscriber site will be charged as part of the first billing.

13. EQUIPMENT LOCATION, USE AND REPAIR: You will keep and use the Equipment only at the location shown on the JUCE CONNECT Service Agreement. You agree that the Equipment cannot be moved without advance written permission.

14. DISCLAIMER AND LIMITATION OF LIABILITY: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. WE MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY OUR REPRESENTATIVES OR US SHALL CREATE A WARRANTY. JUCE CONNECT AND ITS EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, JUCE CONNECT’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE PREVIOUS THREE (3) MONTHS. FURTHERMORE, JUCE CONNECT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE; ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; AND THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES DEFAMATION, PASSING OFF, UNFAIR COMPETITION, OR OBSCENITY LAWS INCLUDING ANY COMMUNICATION TRANSMITTED IN CANADA THAT IS “OBSCENE” AS DEFINED BY THE CANADIAN CRIMINAL CODE.

15. CODE OF CONDUCT:  At all times we require that you conduct yourself in a professional manner.  We understand that certain circumstances can cause frustration however we have a zero-tolerance policy towards aggressive behavior including, but not limited to; harassment, threats, or behavior considered unprofessional towards our staff.  At any time, JUCE CONNECT can terminate services immediately under this policy as per our termination terms listed in this document if we feel that the code of conduct was in breach.

16. ASSIGNMENT: You have no right to sell, transfer, assign or sublease the Equipment or this Agreement. We may sell, assign or transfer this Agreement or the rights in the Equipment. You agree that if we sell, assign or transfer this Agreement, the new owner will have the same rights or benefits we have now. You agree that the rights of the new owner will not be subject to any claim, defence or setoff that you may have against us.

17. CUSTOMER’S WAIVER: To the extent not prohibited by law or statute, you hereby waive the benefit of all provisions of all applicable conditional sales, regulatory, credit or other statutes and all regulations made there under in any applicable jurisdiction which would in any manner affect, restrict or limit our rights and remedies under this Agreement. To the extent permitted by law, you hereby waive any right to receive copies of any financing statements or financing change statements filed in connection with this Agreement.

18. SEVERABILITY: Any provision of this Agreement, which is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement.

19. BINDING NATURE: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.

20. MISCELLANEOUS: Your obligation to pay the Fees and other sums and all other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, setoff, defense or counterclaim for any reason whatsoever. Any change in any of the terms and conditions of this Agreement must be in writing and signed by us. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any right later. All our rights and indemnities will survive the termination of this Agreement. You acknowledge receipt of a copy of this Agreement.

21.GENERAL: The laws of the province in which you are using the Service exclusively govern this Agreement. We may sell, assign, or transfer your account to a third party without notice to you. You may not assign or transfer the Service without our written consent.