1. Service Period
The initial service period shall be for a term of thirty (30) days and thereafter shall be automatically renewed on a monthly basis unless otherwise indicated or a notice of non-renewal is given by the customer.
Payment for recurring services is due in advance. The customer shall pay all applicable fees, charges and taxes relating to the services, including (without being limited to); collect-call and accepting-call charges, fees from 411, 711, etc. and/ or other fees according to the rate in effect at the time of usage.
For services payable by invoice: The invoices rendered are payable upon receipt. In the event that any invoice is not paid within thirty (30) days of the billing date, interest of 5% per month will be payable by the customer from the (31) thirty first day following the billing date.
For services payable by monthly debit: Xinflix accepts pre-authorized bank or credit card payments. In the event that the payment is returned, Xinflix will make a second attempt to withdraw the amount before the next regular withdrawal date. If the second attempt is successful, no NSF fee will be charged; if the second payment is returned a charge of $15.00 + applicable taxes will be applied and the services will be interrupted.
For bundle packages such as internet and internet home phone service, the acceptance of the order is conditional on the payment of the first invoice which includes the activation fees, installation fees and service fees for the first billing period of the chosen service(s). The payment is non-refundable unless the service(s) is unavailable or Xinflix is incapable of providing the service to the customer.
Xinflix may, in some circumstances, demand the advance payment or a security deposit if the customer has an unsatisfactory payment history and/or if the customer presents an abnormal loss risk due to his financial situation or his use of the service(s). In the event of a default in payment, Xinflix can require an immediate payment for the amount due by the customer. Any amount due to a customer will be reimbursed within thirty (30) days after a cancellation.
The customer shall inform Xinflix Communications Limited in writing of all changes to their bank account at least (5) five working days before the next withdrawal.
3. Credit Approval
The Service Order is subject to credit approval by Xinflix. By signing the service order you are authorizing Xinflix to obtain from any person, enterprise or organization all pertinent information to complete a credit investigation, if required. In the event that credit is not approved, Xinflix may require a deposit or interrupt service without prior notice.
4. Limitation of Liability
Xinflixl’s liability, if any arising out of, or in any way related to the performance of its services shall be limited to the cost of the affected service prorated to the length of time which it takes Xinflixl to remedy the failure, after Xinflix receives notice of the failure, and in any event not to exceed the total amount paid by the customer for Xinflix’s services in the month immediately preceding the occurrence of the event giving rise to such liability. Xinflix shall not be liable under any circumstances for damages in respect of any direct, indirect, special, exemplary, punitive or consequential damages, including, without being limited to the following, property damages, lost profits, loss of business opportunities, that result in any way from the use of Xinflix services, or any part thereof, by the installation of its services and/or equipment by Xinflix, its agents and/or suppliers, by the customer or any other person through their account, or any claim or demand against Xinflix by any other party.
Although changes in phone numbers and service arrangements are not anticipated, Xinflix cannot warrant against them.
5. Prices and Service Fees
Prices for services and/or discount rates may be subject to change upon written notice. In such cases, the customer will be informed thirty (30) days before the effective date.
Certain conditions can be applied for subscriptions to a bundle or a group of services. If the customer cancels any of the grouped services or services in a bundle plan, Xinflix may increase the rates for the service(s) remaining active.
6. Force Majeure
Notwithstanding any other provisions, Xinflix shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
7. Interruption of Services
Xinflix may, without any liability, interrupt the services for technical or maintenance purposes. Xinflix shall, where possible, provide notice advising the customer.
Xinflix may interrupt service without prior notice for the following reasons:
- If the customer is in default of payment at the agreed upon dates and/or;
- At any time, for cause, such as, but not limited to: violation of the Acceptable Use Policy (AUP)
The customer shall pay to Xinflix all expenses related to the reinstatement of the services following an interruption whereas such expenses may be incurred directly by Xinflix or any third party for the benefit of the customer, or of Xinflix. All promotions will be interrupted and are non-refundable in the case of a returned payment for Xinflix services by the customer’s financial institution. In the event the account is sent into 3rd party collection, all expenses incurred shall be the responsibility of the customer.
8. Transfer of Contract
This contract shall not be assigned or transferred in any way whatsoever without the prior written consent of Xinflix which may be withheld at its discretion.
9. Cancellation of Service
For cancellation of services, the customer agrees to inform Xinflix in writing at least ten (30) days before the next payment due date. This action is required to terminate the process with the financial institutions.
10. Acceptable Use Policy
The customer agrees to abide by the Acceptable Use Policy which is available upon request.
12. Equipment Provided By Xinflix
If Xinflix provides equipment to the customer, such equipment will remain the property of Xinflix, unless it has been purchased by the customer. The customer agrees to return any equipment owned by Xinflix upon demand. The equipment is to be returned to Xinflix within fifteen (15) business days of request by Xinflix or following a cancellation date. In the event that the equipment is not returned by the customer, Xinflix reserves the right to charge such equipment. If the customer cancels and returns the equipment leased within one year of service, there will be a chargeback for the installation fee of $75.00 for DSL and $50 for cable services. If the equipment has been provided to the customer by Xinflix, the customer agrees to use and maintain such equipment, and all hardware and software delivered to the customer, in compliance with the applicable operating instructions provided by Xinflix, its agents and/or suppliers, as applicable. The customer also agrees to return such materials, at their own risk, in good repair and working order. In the event that such materials are not in good repair and working order upon their return, (subject to reasonable wear and tear) the customer will be charged an amount equal to the cost incurred by Xinflix in repairing or replacing such materials. Xinflix reserves the right to determine what constitutes normal wear and tear. Xinflix will exercise this discretion fairly. All of the customer obligations with respect to the equipment, and all other hardware and software delivered to the customer will survive the expiration or termination of the service agreement with Xinflix. The customer shall allow Xinflix or a designated representative access to the equipment at any time as may be reasonably required by Xinflix.
13. Equipment Purchased From Xinflix
For the purposes of this section, the modem and any other equipment sold by Xinflix are referred to collectively as the “Equipment”. The date that the service is activated is referred to as the “Effective Date”. The sale of any Equipment shall be final and the Equipment may not be returned or exchanged without Xinflix’s consent. Any Equipment sold to the customer shall be warranted against any manufacturing defect for a period of one (1) year for parts and labour. The warranty period will commence on the Effective Date, as determined by Xinflix. Xinflix shall replace any defective Equipment with comparable Equipment in accordance with the terms of the warranty provided Xinflix is advised of the issue within the warranty period. Notwithstanding the following, the warranty does not apply to any breakage or defect resulting from accidents or force majeure, any modifications to the Equipment without Xinflix’s authorization, misuse or abuse of the Equipment. In the event of defective Equipment, the Customer agrees to notify Xinflix promptly so that Xinflix(or a designated representative) can arrange to make the necessary assessment.