Website Terms of Use


This Website is owned and provided by Mornington Communications Co-operative Limited (MCCL) and is provided for your information and education. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them.

If you do not agree to these terms, or if you do not agree with our Privacy Policy posted on this site, please do not use this Website or any services offered by this Website.

We reserve the right to change these terms and conditions at any time without notice.

Intellectual Property


All names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), are the property of MCCL.

This includes the entire Content of the Website, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited.

Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content.

Limitation of Liability


MCCL will not be liable for any damages or injury that accompany or result from your use of its site. These include, but are not limited to, damages caused by any:

Keep in mind that we are not liable for any damages.

Disclaimer


The materials in our site are provided as is. This means that MCCL disclaims all express and implied warranties about the material in this site. This includes, but is not limited to, warranties:

In addition to the above, you (and not MCCL), assume the entire cost of all necessary servicing, repair or correction.

Links

This Website may contain Links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

Choice of Law and Enforcement


Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of Canada and the Province of Ontario without regard for conflict of laws provisions.

Contact Information


You may send your comments to us at privacy@mornington.ca

General Terms of Service


Appendix A: Additional Terms of Service Telephone

Appendix B: Additional Terms of Service Internet Fair Use

Appendix C: Additional Terms of Service Email

Appendix D: Additional Terms of Service Rental Equipment

Appendix E: Return Policy

Note: Mobile Devices (cellular phones) also must abide by the CRTC’s Wireless Code of Conduct (WCOC). Please visit this link for more details https://crtc.gc.ca/eng/phone/mobile/codesimpl.htm

The following information is important for all customers to read when subscribing to services provided by Mornington Communications Co-operative Limited (referred to as “MCCL”).

  1. Entire Agreement. This Agreement, including any terms and conditions on MCCL’s website, is the entire agreement between the parties pertaining to MCCL’s terms of service. There are no warranties, representations or other agreements between the parties except those specifically set out herein. MCCL may amend this Agreement upon notice to you by message on your bill, letter or email.
  2. Billing Frequency and Payment Policy – The customer is responsible for payment to MCCL of charges for all services and equipment provided. Fixed charges are billed monthly (provided always MCCL may bill for a charge up to 6 months after the charge was incurred) and are due and payable from the date of the customer’s invoice or statement. Bills not paid on or before the due date are subject to a late payment charge of 1.25% monthly (16.08% annually). Late payment will be applied to the next bill. Payment can be made each month by an automatic withdrawal from a bank account or credit card (Visa or MasterCard), by telephone banking, online banking or in person at MCCL’s business office. Payments can also be mailed to: Mornington Communications Co-operative Limited, 16 Mill Street East, P.O. Box 70, Milverton, Ontario N0K 1M0.
  3. Outstanding Fees - The customer agrees that MCCL can charge any outstanding amount, including late payment charges, on the customer’s account to the customer’s credit card, bank account or any other payment method pre-authorized by the customer for payment of MCCL charges.
  4. Billing Concerns - Any questions regarding charges must be reported to MCCL within 90 days of MCCL’s bill to customer, failing which the customer is deemed to accept the charges. If MCCL agrees unauthorized or incorrect charges were made to the customer’s account, MCCL will reverse those charges within 30 days of such determination.
  5. Administrative and Return Cheque Charge – Customers will be required to pay MCCL a $25.00 service charge for each NSF cheque.
  6. Security Deposits – MCCL may require a security deposit from a customer at any time and on any terms as determined in MCCL’s sole discretion. MCCL will advise the customer of the deposit requirement and of the possibility of providing an alternative to a deposit acceptable to MCCL, provided at no time may the total amount of all deposits and alternatives provided by or for a customer exceed three months’ charges for all services, including anticipated long distance charges. Deposits earn interest, which is equivalent to Canadian chartered bank rates for non-chequing savings accounts as charged form time to time. MCCL will print on recurring bills the telephone number of a company representative to whom any questions regarding the deposit may be directed.
  7. Maintenance Window: In order to keep our equipment running at peak performance to deliver the best services to you, routine maintenance is performed Tuesdays, Wednesdays and Thursdays from 12 AM to 5 AM.  Phone, Internet and Television service may be interrupted during these time for a window of time.  On rare occasions to facilitate urgent maintenance the hours of maintenance may be extended and/or completed on other days.  Mornington will attempt to keep service interruptions to a minimum.  There will be no credits or other compensation provided to customers who experience interruption during these periods.
  8. Warranty: MCCL warrants the services provided will be installed in a good and workmanlike manner. Except for the express warranty in this Section, MCCL makes no other representations or warranties, express or implied, and hereby disclaims the warranties of merchantability and fitness for a particular purpose. MCCL disclaims all other warranties, either express or implied, to the maximum extent permitted by law regarding the services to be provided to the customer. MCCL does not warrant the services will be uninterrupted, error-free or completely secure and shall not be responsible for any loss or damage suffered by the the customer as a result. MCCL will not be liable for any interruption in services or any delay or failure to perform and the customer agrees to bear the entire risk of use of the services and equipment. the customer agrees that MCCL and its representatives shall not be held liable with regard to any damages arising, directly or indirectly, from this Agreement. MCCL have no liability to the customer for special, direct, indirect, incidental or consequential, economic or punitive damages incurred by the customer in connection with the services or this Agreement, however caused, even if MCCL were negligent and regardless of whether or not the customer was advised of the possibility of such damages in advance.
  9. Disconnection Policy - Customer Initiated:
    1. As per CRTC regulation Mornington will suspend billing immediately upon request from a customer (or an authorized representative) when the customer is cancelling or porting their service to another provider.
    2. Early termination fees may apply.
    3. If Mornington has incurred construction fees and/or installation fees, and the customer cancels or delays a request for service before services are provided, the customer will be responsible for the fees incurred by Mornington.
    4. Except with the customer’s consent or in exceptional circumstances, suspension or termination may occur only on business days between 8 a.m. and 4 p.m., unless the business day precedes a non-business day, in which case disconnection may not occur after 12 noon.  Requests received on a statutory holiday will be completed the next business day.
    5. Customers can request to have a service cancelled in advance of the action date.
    6. In the event of the death of the customer, the termination is effective from the date that MCCL is notified of the death.  All early cancellation fees are waived.
    7. In the event where the customer’s premises are destroyed/damaged so they must be abandoned the termination is effective the date that MCCL is notified.  All early cancellation fees are waived.
  10. Disconnection Policy - Mornington Initiated:
    • MCCL reserves the right to immediately suspend or cancel services immediately without cause.
    • MCCL may suspend or terminate a the customer’s services only where the customer fails to pay an account of the customer that is past due, provided the account is more than $50.00 or has been past due for more than two months, fails to provide or maintain a reasonable deposit or alternative when required by MCCL, fails to comply with the terms of a deferred payment agreement or repeatedly fails to provide MCCL with reasonable entry.
      1. Prior to suspension or termination, MCCL will provide the customer with notice, stating the reason for the proposed suspension or termination and the amount owing (if any); the scheduled suspension or termination date; that a reasonable deferred payment agreement acceptable to MCCL can be entered into (where the reason for suspension or termination is failure to pay); the reconnection charge and the telephone number of a MCCL representative with whom the account may be discussed.
      2. This notice will by email and/or telephone and/or post mail to the last known contact information.
      3. Suspension or termination does not affect the customer’s obligation to pay any amount owed to MCCL. MCCL will restore services, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated to MCCL’s satisfaction.
  11. Costs:  All Collection and legal costs incurred by MCCL regarding breach of any term of this Agreement shall be the responsibility of the customer and shall be due and payable immediately upon demand by MCCL.
  12. Restrictions: The customer shall not, nor shall it allow others to abuse or fraudulently use the services provided by MCCL. MCCL reserves the right to take all action which it considers necessary to compel the customer to comply with such laws or, in the alternative, to immediately terminate the services.
  13. Force Majeure: Neither party will be liable for failing to perform any obligation in this contract resulting from circumstances beyond the party’s reasonable control (i.e. Act of God)
  14. Proprietary Rights: The customer acknowledges and agrees with MCCL that the customer does not own any intellectual property or other identifier (ie telephone number, calling card or PIN number, email, access codes, domain name or web page address, etc.) assigned to the customer and MCCL may change or remove any such intellectual property or identifier any time upon notice to the customer.
  15. Indemnity: The customer shall indemnify MCCL and hold MCCL harmless from any and all claims, actions, suits, costs, expenses, damages and liabilities including all legal fees on a full indemnity basis, arising out of or in connection with the services, and equipment. The customer also agrees to indemnify and hold MCCL harmless with respect to all legal fees on a full indemnity basis claimed by a third party against MCCL in which there is an allegation of facts that constitutes or may constitute misconduct on the customer’s part or the customer’s failure to comply with any of the customer’s obligations under this Agreement and the customer agrees to indemnify and hold MCCL harmless for damages caused by the customer’s misconduct or failure to meet the customer’s obligations.
  16. Assignment: Neither this Agreement nor any interest in this Agreement may be assigned by the customer without the prior written consent of MCCL. MCCL may assign their interest in this Agreement without the customer’s consent.
  17. Changes: MCCL may change, at any time, any rates (subject only to any requirements of the Canadian Radio-Television and Telecommunications Commission), features, functionality, content or any other aspects of the services by providing notice to you, by message to you by your bill, letter, or email.
  18. Governing Law: This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  19. Legislation: In the event any of the provisions of the Terms of Service are determined to be inconsistent with or contrary to any applicable Canadian national, provincial or local laws, court orders, agency orders, rules, or regulations, the latter shall control and any inconsistent terms or condition of this Terms of Service shall terminate.
  20. Confidentiality of customer Records: MCCL’s corporate and online privacy policies are available at www.mornington.ca.
  21. Resale, Sharing, Distribution, Servers:
    • Residential Customers. Mornington residential customers may not resell, share, or otherwise distribute the services without the written consent of Mornington. For example, you cannot provide Internet access to others.  The Mornington residential service offering is a consumer product designed for your personal use. You may not run a server in connection with the Mornington residential service, nor may you provide network services to others via the Mornington residential service.
    • Business Customers. The above restrictions regarding resale, sharing, distribution and use of servers also apply to all business customers, except to those business customers who have specific internet services and agreements. Where a business customer is not certain about whether their Internet Service package permits this activity please contact Mornington.
  22. Contact Information - Mornington:
    •  For more information or to lodge a complaint, please contact:

Mornington Communications Co-operative Limited

16 Mill Street East,

P.O. Box 70

Milverton, Ontario N0K 1M0

519.595.8331 or 1.800.250.8750

www.mornington.ca

Email: sales@mornington.ca

  1. Contact Information - Customer:
    1. It is the customer’s responsibility to update MCCL should their contact information change.  The customer assumes all damages should any communications be missed due to not notifying MCCL of a change in contact information.
  2. Labour Rates
    • Unless otherwise directed by our tariffs, the following labour rates apply.
    • During business hours the technician labour is $75/hr charged at a minimum of 1 hour with 15 minute increments plus one way travel time.
    • Afterhours the labour rate is double at $150/hr, minimum 1 hour with 15 minute increments plus one way travel time.
    • Business hours are considered 8am-4:30pm mon-fri, excluding holidays.
    • If a billable service call is started before 4:30, the regular rate will remain in effect until 6pm.  After 6pm the rate increases to the Afterhours rate.

Appendix A: Additional Terms of Service - Home Phone


  1. Directory Policy. Customers are entitled to receive, without charge, a copy of a current local telephone directory and a copy of updated directories as they are published. MCCL will provide, without charge, replacement directories required as a result of reasonable wear and tear. The contents of MCCL’s directories may not be published or reproduced in any form without MCCL’s written consent.
  2. Listing Omission Option: The customer may decide to have their name, address and/or telephone number listing information omitted from these directories by requesting and paying for an unlisted number, provided always that the customer’s name, address and telephone number will be accessible by emergency service (9-1-1) providers.
  3. Directory Errors and Omissions: In the case of errors or omissions in directory standard listings, whether or not the error or omission is with regard to a telephone number, MCCL's liability is limited to making a refund or canceling any charge associated with such listings for the period during which the error or omission occurred. However, where the error or omission is occasioned by the MCCL's negligence, MCCL is limited to the greater of $20.00 and three times the amounts refunded or cancelled. In the case of errors in telephone numbers in directory listings, unless central office facilities are unavailable, MCCL must provide reference of call service, free of charge, until termination of the customer's service or distribution of updated directories for that district in which the number or listing is correct.

Appendix B: Additional Terms of Service - Internet Fair Use


  1. FAIR USE: Flat rate or unlimited use plans and services offered are subject to customer using the service under an ordinary range of use and in a way that does not consume excessive network capacity and/or adversely affect MCCL’s ability to provide services to other users. By way of example and not limitation, the following are considered by MCCL to be outside of an ordinary range of use thereby consuming excessive network capacity:
    1. Prolonged continuous use of high bandwidth applications such as bit-torrents, file sharing or any other similar applications
    2. Operation (i.e. hosting) of servers for services such as email, web, news, chat or other similar services
    3. Resale, transfer or distribution of the unlimited use service for commercial purposes
    4. Sharing the unlimited use service with an unauthorized party
    5. Engaging in or allowing any alteration, copying, reproduction of or tampering with electronic serial numbers or other identification, signaling or transmission functions or components of the device used with the service MCCL may immediately suspend, restrict, alter or terminate all or part of any service provided to a customer or take other necessary protective measures, if it determines that a customer is contravening this policy, as determined by MCCL, acting reasonably.

Appendix C: Additional Terms of Service - Electronic Mail


  1. Email Spam. The customer covenants and agrees that at all times while using the Services they will comply with the requirements of Canada’s Anti-Spam Legislation (“CASL”), including all related regulations, and customer further agrees to indemnify and save harmless MCCL from and against any liability, costs or expenses that MCCL incurs as a result of a breach or alleged breach of CASL by customer.
  2. Unsolicited Use. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing electronic mail headers is prohibited.
  3. Name Rights. You may not reference the Mornington network (e.g. by including "Organization: Mornington" in the header or by listing an IP address used within the Mornington network) in any unsolicited email even if that email is not sent through the Mornington network.
  4. Mail Bombing. "Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
  5. Email Inactivity. At Mornington’s discretion, any Email in a customer's Trash or Spam folder will be removed after 7 days. Unread emails are deleted after 60 days. If a customer does not log in to his/her @cyg.net Email account for a 60 day period, the Email account will be deemed 'inactive'. 'Inactive' accounts will have all emails removed and the account will no longer be able to send or receive Email. An 'inactive' customer email address will not be retained.
  6. Indemnity. The Mornington network is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at the Mornington network's sole discretion.
  7. Email Space. Space for each customer’s email is limited to 5 GB. (Gigabyte)

Appendix D: Additional Terms of Service - Rental Equipment


  1. Definition: Rental Equipment is any hardware that is on the customer property but is owned by Mornington.  For example a set top box for television.  There may or may not be a monthly rental charge for the equipment.
  2. Ownership of Equipment: The rental equipment is the property of MCCL, and the customer shall have no right to the rental equipment except as set forth in this Agreement. Upon default, expiration or early termination of this Agreement for any reason, the equipment is to be returned to Mornington good repair, condition and working order, ordinary wear and tear resulting from proper use excepted.  Some equipment will require a Mornington technician to remove it.  MCCL will provide instructions to the customer about which equipment they can return and which equipment requires a technician visit to remove.
  3. Uninterruptible Power Supply (UPS): When initially installed/replaced the battery in the UPS comes with a 2 year warranty.  It is the customer’s responsibility to test and notify MCCL if the battery is not functioning correctly.  If replacement is required after the warranty period, the customer will be charged fair market value.
  4. Uninterruptible Power Supply (UPS). The UPS is sized to maintain telephone service for 8 hours during a power outage.  All other services (Internet, Television) will be disabled during this time.  Note: as the battery ages the length of charge will decrease.
  5. Access: MCCL is permitted access to all MCCL owned equipment located on the customer’s property used in connection with the services.
  6. Unauthorized Tampering: Any unauthorized attachment to MCCL’s cable or equipment or tampering with MCCL’s equipment or unauthorized use of MCCL’s signal is a breach of this Agreement entitling MCCL to immediately terminate this Agreement.
  7. Fee Increases: MCCL reserves the right to increase equipment rental fees upon notice to the customer.
  8. Loss/Damage: The customer assumes the risk of loss and damage to the equipment except for reasonable wear and tear. No damage or loss to the equipment or any part thereof shall affect any obligation of the customer under this Agreement, which shall continue in full force and effect.
  9. Sole Use: The customer agrees that MCCL has rented the equipment solely for television and/or internet use and the customer shall not use the equipment for any other purpose. If the customer uses the equipment for any other purpose, MCCL may, at its option, immediately terminate this Agreement.
  10. Termination: In the event the customer breaches this Agreement, MCCL shall have the option without notice to the customer, to terminate this Agreement and to take possession of the equipment.
  11. Equipment Return: If the customer fails to return the rental equipment and/or allow a technician access to the property to recovery the equipment, MCCL shall on 15 days’ notice have the right to exercise any one or more of the following:
    1. The customer agrees to pay to MCCL full replacement value at current market rates plus applicable taxes of any equipment not returned to MCCL upon disconnection, together with any costs incurred by MCCL in obtaining or attempting to obtain possession of the equipment or payment of such amounts.
    2. To declare the entire amount of rent payable herein immediately due and payable to MCCL; and To sue for and recover all amounts owing with respect to said equipment.
  12. Batteries: Batteries for remote controls are considered a consumable item and the customer to responsible for the cost to replace as required.
  13. Software/Hardware Requirements: The customer acknowledges and agrees that customer owned equipment and related software may have to meet certain minimum specifications and be maintained in a specific way and in a specific location to maximize access to the services. MCCL may change such requirements at any time at MCCL’s sole discretion. The customer agrees to be solely responsible for updating or maintaining their equipment and software to meet such requirements. The customer acknowledges and agrees the customer may not be entitled to support from MCCL if the customer fails to do so.
  14. Lost/Stolen: The customer must immediately notify MCCL if rental equipment is lost, stolen or destroyed.
  15. Network Integrity: The customer agrees that when using internet services, including wireless equipment, third parties may gain access to the customer’s system and accounts. The customer agrees to assume all risk in connection therewith and that MCCL shall not be liable for any claims or damages that may result.
  16. Caution: Electronic equipment requires appropriate space for ventilation, and should not be covered. Please see owner’s manual for details. Equipment should not be placed directly on top of furniture as rubber feet may cause damage to surfaces. MCCL is not responsible for such damage.

Rental Equipment Reimbursement Costs (as of May 2016)

  1. DSL Modem $45
  2. Wireless Equipment $250
  3. Non-PVR TV Box $200                                  
  4. PVR TV Box $379
  5. Remote Control $14.95
  6. Replacement Batteries for Fibre at current market cost
    1. Note: the battery comes with a 2 year warranty           

Appendix E: Return Policy


We want you to be happy with your purchase. If you aren’t satisfied with your purchase, you can return it for an exchange or refund as long as the following criteria are met:

 

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