File Sharing and Copyright Infringement

At Olds Fibre Ltd. (operating under the brand name O-NET and owned 100% by The Olds Institute for Community & Regional Development) we are committed to deterring the sharing of and distribution of unauthorized copyrighted material.

“File sharing is where – (a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and (b) uploading and downloading may, but need not, occur at the same time.” 1

Your use of the Services constitutes your acceptance of this File Sharing and Copyright Infringement Policy (“Policy”). Please read the following sections carefully, as they constitute a legally binding agreement between you and Olds Fibre Ltd. (O/A O-NET).  If you do not wish to be bound by the Policy contained herein then you are prohibited from using or accessing the Services.  The terms of the Policy are subject to change, so we encourage you to periodically review this page in order to check the changes that may have been made to the Policy.  Every time you use or access the Services, you are agreeing to the terms of the Policy as they exist at that time.

Scope:

This customer Policy applies to all commercial and business relationships in which Olds Fibre Ltd. is engaged.

“While file sharing networks are not illegal in themselves, although much of the content on file sharing networks is music, film, television, books or software that is protected by the Copyright Act 1994. When a rights owner alleges that its copyright has been infringed via file sharing, the Act provides that the rights owner may require the relevant internet protocol address provider (IPAP) to issue infringement notices to the account holder concerned. The first infringement notice is a detection notice, the second is a warning notice, and the third is an enforcement notice. The Act makes provision for an account holder to challenge each infringement notice it receives, and for the rights owner to either accept or reject any such challenges.”1

The Policy is intended to comply with privacy legislation relating to commercial activity in all jurisdictions in which Olds Fibre Ltd. operates.

Review Officer:

In order to ensure compliance with this policy and applicable File Sharing and Copyright Infringement legislation, Olds Fibre Ltd. has appointed a Review Officer. If you have any questions about the application of this policy, please contact Olds Fibre Ltd’s Review Officer:

Review Officer,

Olds Fibre Ltd.,

#8B, 5221 – 46 Street,

Olds, Alberta,

T4H 1T5

403-556-6638

Email: review.officer@O-NET.ca

Procedure:

Evidence of a claim does not imply guilt, nor is it the intent of OFL to determine guilt. Only a court can determine if a crime has actually taken place.

Olds Fibre Ltd. (O/A O-NET) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our review officer the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the website, including the auction ID number, if applicable.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If a notice of File Sharing and Copyright Infringement is received by a complainant, the Review Officer will follow this procedure.

Is the Notice Valid?

  1. Does the claimant have the right and authority to issue claims of this nature?  Verification will be done on the identity of the claimant and to ensure they represent a copyright holder who is authorized to issue such claims.
  2. Does the claimant have any evidence of the infringement?  A review of the above requested relevant information will be done regarding the infringement such that we can determine the validity of the claim.

Action if infringement claim appears valid:

In the case where an infringement appears valid, the Review Officer will write a form letter to inform the IP holder of the claim.  No disclosure (as per Privacy Policy A1) of the IP holder will be disclosed to the claimant of infringement.

The letter will be in this format:

We are writing to inform you that Olds Fibre Ltd (OFL) (O/A O-NET) has received a complaint that

alleges that your O-NET Internet Service account has been involved in copyright infringement. This complaint was traced back to your account based on the IP address used at the time of this activity.

At OFL, we respect our customer’s privacy: we have not provided your personal account information to the complainant. It is OFL’s privacy policy to disclose such information to a complainant in this context only if ordered to do so by a court of law. Please visit (O-NET.ca) for more information about our privacy practices. To review the OFL policy on Acceptable Use, please visit (www.O-NET.ca).

We do, however, want you to be aware that this complaint was received by us and offer you the following information that may be of help to you:

  • If you are unaware of this type of activity originating from your account, you may wish to inquire with others who have access to your account.
  • You may also want to check your system for viruses, which may explain why this sort of activity is originating from your account.
  • If the ONT (Optical Network Terminator) is connected to a wireless router, please make sure that only your authorized computers can connect to it and access the internet. For help in securing the wireless router, please contact the undersigned.

Below is an excerpt from the complaint that we received regarding your account. We include it in this notice in an effort to help you identify the activity that is in question.

Sincerely,

Review Officer

Disclosure of Personal Information:

In the event that a court order is received to disclose to the claimant the name and other related information of the OFL customer, the OFL board will do so through the services of our corporate lawyer to the court requesting that the information be disclosed.

Privacy Policy

At Olds Fibre Ltd (OFL) (operating under the brand name O-NET and owned 100% by The Olds Institute for Community & Regional Development) we are committed to protecting the privacy concerning personal and business information.

The terms of this Privacy Policy (“Policy”) are subject to change, so we encourage periodic review of this page in order to check the changes that may have been made to this Policy. Every time OFL services or products are accessed, there is assumed to be agreement to the terms and policies of the Privacy Policy as they exist at that time.

Scope:

This customer Policy applies to all commercial and business relationships in which OFL is engaged. The Policy is intended to comply with privacy legislation relating to commercial activity in all jurisdictions in which OFL operates.

Privacy Officer:

In order to ensure compliance with this policy and applicable privacy legislation, OFL has appointed a Privacy Officer.  If there are any questions about the application of this policy, please contact OFL’s Privacy Officer:

Privacy Officer,Olds Fibre Limited,#8B, 5221 – 46 St.,Olds, Alberta, T4H 1T5403-556-6638E-mail: privacy.officer@O-NET.CA

Collection, Use and Disclosure of Personal Information

For purposes of this Customer Privacy Policy, personal information means any information about an identifiable individual, other than the person’s business title or business contact information when collected, used or disclosed in the course of commercial activity, to conduct business and to provide services and products.

The type of information OFL collects includes the following:

  • Information such as name, home address, telephone number and e-mail address
  • Social Insurance Number, identity card number, or other government identification number
  • Copies of any agreements with OFL
  • Information provided to OFL such as preferences, feedback and comments
  • Credit and financial information

OFL uses the personal information above for different purposes relating to the management of our business and our business relationships. These purposes include, but are not limited to the following:

  • Establishing, maintaining and managing a business relationship so that OFL may provide the services or products requested
  • Enabling OFL to comply with requests such as preferred method of communication
  • Sharing personal information with any third parties under direction or consent
  • Enabling OFL to review the products and services that OFL provides so that OFL may understand the requirements for OFL products and services and improve OFL products and services
  • Protecting OFL business from error, fraud, theft and damage to OFL goods and property
  • Enabling OFL to comply with applicable law or regulatory requirements
  • Safeguarding and protecting OFL ’s confidential information
  • Other purposes reasonably required for the management of OFL business relationships and the management of OFL ’s business

OFL may share personal information with its board members, employees, auditors, contractors and consultants and other parties who require such information to assist OFL with administering OFL business relationship with you. These include third parties that provide services to OFL or on our behalf, third parties that collaborate with OFL in the provision of services to parties with whom OFL contracts to perform our services. The amount of information disclosed will be the minimum required for the 3rd party to perform its duties or to fulfill their contract with OFL.

However, OFL will only disclose information to other parties if:

  • They have a privacy policy of their own
  • Their privacy policy is equal to or better than the restrictions in this policy
  • In the absence of the 3rd party having their own privacy policy, they sign a Non-Disclosure Agreement  with OFL
  • They  agree not  sell your private information to other parties

In addition, personal information may be disclosed or transferred to another party (including The Olds Institute for Community & Regional Development) in the event of a change in ownership of, or a grant of a security interest in, all or part of OFL through a sale transaction or some other form of business combination, merger or joint venture. OFL will disclose personal information in these circumstances only when the third parties agree to use such personal information solely for the purposes evaluating and carrying out the transaction and, with respect to that information, to act in manner consistent with the principles articulated in this Privacy Policy.

Consent:

OFL requires consent to collect, use and disclose your personal information in accordance with this Policy. Consent may be expressed or implied. Express consent may be given orally or in writing, including electronic transmission. Implied consent is consent that can be reasonably inferred by your action or inaction and by signing a contract with OFL for services. By providing OFL with the personal information described in this Policy, OFL assumes implied consent for OFL to use and disclose your personal information in accordance with this Policy.

Consent may be withdrawn for OFL to collect, use and disclose personal information at any time, subject to legal and contractual obligations in our business relationship. There must be reasonable notice of the withdrawal of consent. All communications with respect to the withdrawal or limitation of consent should be directed to the OFL Privacy Officer in writing.

In some circumstances, OFL is entitled, or required, to disclose personal information without consent. These circumstances include, but are not limited to:

  • Protection of health or safety
  • The disclosure is necessary for an investigation or proceeding
  • The disclosure is required or authorized by law
  • The disclosure is required to comply with a subpoena, warrant or order of a court or other body authorized to compel production of the information
  • The disclosure is to a public body and relates to an investigation of an offence
  • The disclosure is to a lawyer who is representing OFL
  • The disclosure is required to respond to an emergency
  • Where the personal information is publicly available

Accuracy and Retention of Personal Information:

OFL endeavors to ensure that any personal information in its possession is as accurate, current and complete as necessary for the purposes for which OFL uses that information. If personal information changes or is deemed to be not accurate, please notify OFL as soon as reasonably possible. Any request to verify or correct personal information must be made in writing to OFL’s Privacy Officer. In some circumstances, OFL may not agree to the request to change personal information, but will instead append an alternative text to the record in question.

OFL keeps personal information only as long as it is required for the reasons it was collected. The length of time OFL retain information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of a business relationship with OFL but it will only be for as long as it is necessary for OFL to have sufficient information to respond to any issues that may arise at a later date and to comply with applicable law and regulatory requirements. When OFL no longer requires personal information, OFL will either destroy or erase it, or OFL will make it anonymous such that it cannot be associated with or tracked..

Safeguarding Personal Information:

OFL is committed to protecting the security of personal information. OFL endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent personal information from loss and unauthorized access, copying, use, modification or disclosure.

Access to Your Personal Information:

An individual or corporation may ask to see the personal information collected by OFL. A request to review personal information must be made in writing to OFL Privacy Officer. OFL will endeavor to provide the information requested within a reasonable time from the date of the written request, or within the time otherwise required by law.

Upon receipt of a request to review personal information, OFL may request specific information to enable OFL to confirm identity and right to access such information. OFL may also require information that would assist OFL. in locating any personal information. OFL may charge a fee to access personal information; if so, OFL will notify the applicant of that fee at the time of the request or within a short time thereafter.

OFL reserves the right to decline to provide access to personal information in certain circumstances. These include, but are not limited to, circumstances where the information requested:

  • Would disclose personal information, including opinions, about another individual
  • Would disclose OFL ’s trade secrets or other confidential business information
  • Is subject to lawyer-client privilege
  • Is not readily retrievable and the burden or cost of providing it would be disproportionate to the value of the information
  • Does not exist or cannot be found
  • Could result in serious harm to the individual requesting it, serious harm to the life, safety or health of another person, or serious emotional harm or embarrassment to another individual
  • May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions
  • May be or is required to be withheld by other legislation

Where information requested will not or cannot be disclosed, OFL will provide the reasons for non-disclosure.

Revisions to this Policy:

OFL may amend this Customer Privacy Policy from time to time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Policy on our website at www.O-NET.ca

Interpretation of this Policy:

The Privacy Officer has the responsibility and authority to interpret and administer this Policy. This Policy does not create or confer any additional rights or obligations to those imposed under provincial or federal privacy legislation. Should there be, in a specific case, any inconsistency between this Policy and applicable provincial or federal privacy legislation, and then this Policy will be interpreted to give effect to and comply with such privacy laws.

Acceptable Use Policy

At Olds Fibre Ltd. (OFL) (operating under the brand name O-NET and owned 100% by The Olds Institute for Community & Regional Development) we are committed to protecting OFL’s  users and the Internet community from irresponsible or illegal activities. The Acceptable Use Policy (AUP) shall govern the access to and use of OFL services (“Services”).

The contract holder’s use of the Services constitutes acceptance of this AUP. Please read the following sections carefully, as they constitute a legally binding agreement between the user and OFL   If users do not wish to be bound by the AUP contained herein  the user is prohibited from using or accessing the Services.

The terms of this AUP are subject to change, so OFL encourages the user to periodically review this page in order to check the changes that may have been made to this AUP.  Every time the customer uses or accesses the Services, the user agrees to the terms of the AUP as they exist at that time.

Scope:

This Acceptable Use Policy (AUP) applies to all commercial and business relationships in which OFL is engaged. The Policy is intended to comply with legislation relating to commercial activity in all jurisdictions in which OFL operates.

USER DUTIES

 It is the duty of the user of the Services to comply with all applicable laws, statutes, ordinances and regulations.  The Services provided are operated from Canada. Any use of the Services that violates any applicable laws in Canada will be grounds for discontinuing the contract holder’s use and access to the Services.

2. VIOLATIONS AND DESCRIPTIONS OF ACCEPTABLE USE

2.1 Restrictions on Use of Service

2.1.1 The user agrees to not to use the Services to publish, post, distribute, disseminate, or otherwise make available proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder. Please refer also to the Copyright Infringement Policy A2 at www.O-NET.ca

2.1.2 As OFL’s business relationship is with the contract holder only, the contract holder agrees to refrain from renting, leasing, sub-licensing, assigning, selling, loaning or otherwise transferring user’s user name or password.

2.1.3 The contract holder agrees  not to use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.

2.1.4 The user agrees not to use the service to commit a crime or encourage others to commit a crime. The contract holder  will not allow others to use, their account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national or international law.

2.1.5 The user will not use the service to add, remove, or modify identifying network header information (a.k.a. “spoofing”) in an effort to deceive or mislead. OFL frowns upon the impersonation of another person by using forged headers or other identifying information. Please note the use of anonymous re-mailers and nicknames does not constitute impersonation.

2.1.6 Any activities which adversely affect the ability of other people or systems to use OFL services or the Internet is prohibited. This includes “distribute denial of service” (“DDOS”) attacks against another network host or individual user.

2.1.7 Attempts, whether successful or unsuccessful, to gain access to any computer system or customer’s data, without consent, are prohibited.

2.1.8 Using the services to “bully”, sending threatening or harassing email  or in any way threaten bodily harm or destruction of property are always prohibited. If after being requested to stop, an OFL user persists in such activities, OFL may intervene.

2.2 Inappropriate Content

2.2.1 There is content on the Internet, or otherwise available through the Service, which some may find offensive or disturbing. It is possible to obtain access to content that is pornographic or offensive. OFL cannot assume any responsibility for the content contained on the Internet or otherwise available through the Service. The customer must assume the risk of accessing content through the Service, and neither OFL nor the Olds Institute for Community & Regional Development nor its “Pillar” members (Olds College, Town of Olds, Olds and District Chamber of Commerce, Olds Regional Exhibition) shall have any liability whatsoever for any claims, losses, damages, suits or proceedings arising out of or otherwise related to access to such content. The user is solely responsible for any information that you publish on the Web or other Internet services. The user must ensure that the receipt of the content is appropriate. The user must take appropriate precautions to prevent minors from viewing inappropriate content. OFL reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole and absolute discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether such material is unlawful.

2.2.2 OFL has no obligation to monitor transmissions made on the Service. OFL does, however, have the right to monitor transmissions at any time.

2.3 Commercial Electronic Messages (“CEM”s)

As Canada’s Anti-Spam Legislation or “CASL” comes into effect on July 1, 2014,  (www.fightspam.gc.ca) dealing with CEM’s, the following is a summary of requirements and OFL encourages the user to become familiar with the legislation.

Sending or transmitting of a “Commercial Electronic Message” to an electronic address is generally prohibited unless:The receiver has already consented to the receipt of the CEM; andThe CEM contains certain prescribed information, subject to limited exclusions / exemptionsA CEM is a message sent by any electronic means (i.e., email, text, instant message, tweet) that has, as its purpose, or one of its purposes, to encourage participation in a “commercial activity”A “commercial activity” is:

“Any particular transaction, act or conduct that is of a commercial character whether or not the person who carries it out does so in the expectation of profit”

Examples include:Offer to purchase, sell or lease goods or servicesOffer to provide a business, sell or lease investment, or gaming opportunityAdvertising or promotion of these activitiesNot for Profits  are not exempt from this policy

Examples:

Emails seeking donationsEmails seeking volunteers / membersEmails selling tickets to a charity event / lotteryEmails promoting a charitable event / activityElectronic newslettersEmails promoting the organization’s workCEMs may only be sent with recipient’s express or implied consentOnus of proving consent rests with the senderAn electronic message requesting express consent is a CEM and is therefore prohibited (post July 1, 2014)

2.4 Internet Relay Chat (IRC)

2.4.1 The Service may be used to participate in real-time text based conversations (“Chat”). OFL will not monitor the contents of these discussions and is not liable for the contents of any communications made via Internet Chat. The Service may not be used to send messages that disrupt another user’s equipment, including software, hardware, and user display. Flooding is defined as the deliberate act of repeating text-generating actions in quick succession in order to prevent other service users from utilizing the Chat service. The Service may not be used to “flood” a Chat room or to perform acts of “flooding” of Chat services. The use of IRC “bots” is prohibited, as is the violation of any accepted policies on IRC servers. If OFL is banned from a server, the offending account may be terminated. Any computer or other device connected through the Services may not maintain more than three simultaneous Chat connections. This includes the use of automated programs, such as “bot” or “clones”. The Service may not be used to access any Chat server in violation of the Acceptable Use Policy of that server. The Service may not be used to manipulate any Chat server in order to disconnect or harass other Internet users, or to gain unauthorized access to network resources. A customer may not use the Service to connect to Chat servers or channels from which they have previously been banned.

2.5 Unauthorized Reselling, Unauthorized Commercial Use

2.5.1 Reselling service without express written consent from OFL or offering any public information service, such as running a Web server or FTP server, is prohibited.

2.6 Excessive Bandwidth

2.6.1 OFL reserves the right to set limits on bandwidth and use in excess of those limits is not permitted. The total number of bytes transferred from a contract holder’s s account determines bandwidth utilization. If excessive bandwidth is determined to adversely affect OFL’s ability to provide service, immediate action may be taken. The account owner will be notified by email as soon as possible.

 

Forwarding email:

OFL is not responsible for the forwarding of email sent to any account, which has been suspended or terminated. Such mail will be returned to the sender, ignored, or deleted at the sole discretion of OFL.

Line of Service Demarcation:

OFL may provide technical support for one computer connection to the Service of the network for the sole purpose of providing the Service.  OFL or any member of its technical support team does not support any additional internal networking within the contract holder’s premise, regardless of who installed it.  OFL is not responsible for supporting shared networking printer devices or other resources or devices within the contract holder’s premise.

Reasoning and General Understandings:

This section attempts to provide a general understanding of OFL’s AUP. Common sense and judgment are a necessary part of any system of rules, and this AUP is no exception. Of course, flagrant or repeated violations of the policy are viewed in a very different light than minor infractions. OFL considers net-abuse an action that undermines the ability of the Internet to serve as a discussion medium. In addition, net-abuse may be a violation of municipal, provincial or federal law, or the laws of other countries. Protection of OFL’s contract holders and its resources, the ability to provide quality service to OFL contract holders, compliance with existing law, and the protection of OFL’s reputation as a service provider are all contributing factors to decisions on AUP violations. It is OFL’s intention to allow OFL contract holders access to everything the Internet has to offer with minimal or no interference. OFL’s belief in free speech is a firm commitment to its contract holders. Just as free speech does not include the right to shout “fire” in a crowded theater; certain activities are considered inappropriate by the Internet community at large and cannot be permitted under the guise of free speech.  OFL does not censor the content of any newsgroups. OFL believes such choices should be left to the individual.  OFL does advise its contract holders and users that tools are available to screen an account’s access to newsgroups one considers offensive. It is the contract holder’s responsibility to make use of such tools if desired. OFL does not monitor the activity of accounts except for measurements of system utilization and billing records.  In our efforts to promote good citizenship within the Internet community, however, OFL will respond if it becomes aware of inappropriate use of OFL services.  If an OFL account is used to violate the AUP, OFL reserves the right to terminate service without notice.  OFL’s preferred course of action would be to advise the contract holder of the inappropriate behavior and the corrective action necessary.  Flagrant violations of the AUP, however, may result in immediate termination of service.  In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements determined by OFL.

COPYRIGHT COMPLAINTS:

Intellectual Property: Please refer to the OFL Copyright Infringement Policy

ACCOUNT TERMINATION:

OFL may terminate a contract holder’s account and access to the Services if, in appropriate circumstances, it is determined at OFL’s sole discretion that such user has repeatedly or flagrantly violated the terms of this AUP.  Any untimely payments of account(s) due may also result in account cancellation.

DISCLAIMER OF WARRANTIES AND LIABILITYYOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” OLDS FIBRE LTD ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY OF CONTENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. OLDS FIBRE LTD DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL OLDS FIBRE LTD ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, FROM THE USE OF THE NETWORK THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE NETWORK, ANY SERVICES OFFERED THROUGH THE NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS, THEFT, HACKING OR UNAUTHORIZED USE  OF DATA, INFORMATION, PHOTOGRAPHIC MATERIAL OR VIDEO TYPE TRANSMISSIONS (CONFIDENCIAL OR OTHERWISE), INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF OLDS FIBRE LTD, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF OLDS FIBRE LTD, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.

APPROVED MAY 15, 2014

Accounts Receivable and Refunds Policy

Policy Statement:

OLDS FIBRE LTD.POLICY AND PROCEDURE MANUALCATEGORY: A: Accounts Collection Policy

SUBJECT: Collection of Delinquent Accounts

Policy Number: A6

Board Approval:Review Date:

Policy Statement:

At Olds Fibre Ltd (OFL) (operating under the brand name O-NET and owned 100% by The Olds Institute for Community & Regional Development) we are committed to a fair treatment of members but also to the financial integrity of the community owned company.The terms of this Collection of Delinquent Accounts Policy (“Policy”) are subject to change, so we encourage periodic review of this page in order to check the changes that may have been made to this Policy. Every time OFL services or products are accessed, there is assumed to be agreement to the terms of the Policy as they exist at that time.

Scope:

This Policy applies to all residential and business customers in which OFL is engaged and which are being billed for services.

No Obligation to provide Service

OFL is not required to provide service to an applicant where:(a) OFL would have to incur unusual expenses which the customer will not pay; for example, for securing rights of way or for special construction;(b) the customer owes amounts to OFL that are past due other than as a guarantor; or(c) the customer does not provide a reasonable deposit or alternative requiredWhere OFL does not provide service on application, it will provide the applicant with a written explanation upon request.

Methods of Payment:

  • Paying though pre-authorized deductions:
  • With your authorization, O-NET will automatically deduct your payment from the bank account of your choice. Contact our office for more information
  • Paying by Mail:
  • #8B, 5221 – 46 St., Olds, Alberta, T4H 1T5
  • Paying in person:
  • O-NET office,#8, 5221 – 46 St., Olds
  • Cash, check, Visa and MasterCard are accepted
  • www.O-NET.ca
  • Payment can be made through our web site

Billing:

  • All statements mailed to customers will contains this statement:” “Olds Fibre Ltd reserves the right to terminate all or any part of the services it delivers to customers with accounts wholly or partially in arrears for 60 days or more”
  • Late Payment charge:
  • A late payment charge may be applied to any unpaid balance 30 days after the billing date at a rate of 2% monthly or 26.8% per annum
  • Payments sent by mail are credited the day they are receivedInterest rate applied to late payments can be found in the messages center of your monthly bill.The late payment charges may appear on your bill up to two months after the late payment occurred.To avoid late payment charges we offer pre-authorized payment options. To learn more about setting up pre-authorized payments, please contact our office at 403-556-6638
  • In exceptional circumstances, for example when a customer has incurred a significant amount charges or if OFL has reasonable grounds to believe that the customer intends to defraud OFL and thus presents an abnormal risk of loss to OFL prior to the normal billing date, OFL may request payment from the customer on an interim basis for the non-recurring charges. In such cases, the charges can be considered past due three days after they are incurred or three days after OFL demands payment, whichever occurs later.
  • No charge disputed by a customer will be considered past due unless OFL has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
  • NSF check charge:
  • An amount will be charged each time a check is returned from a bank or other financial establishment due to insufficient funds. This charge is billed to offset costs for processing a returned check.
  • Deposits
  • OFL will not require deposits from a customer at any time unless the customer:(a) has no credit history with OFL and will not provide satisfactory credit information;(b) has an unsatisfactory credit rating with OFL due to payment practices in the previous two years regarding OFL services; or(c) clearly presents an abnormal risk of loss.
  • OFL will inform the customer of the specific reason for requiring a deposit, and of the possibility of providing an alternative to a deposit, such as arranging for third party payment, a bank letter of credit or a written guarantee from a third person whose credit is established to the satisfaction of OFL.
  • The total amount of all deposits and alternatives provided by or for a customer will not exceed three months’ charges for all services.
  • OFL will review the continued appropriateness of deposits and alternative arrangements at six month intervals, when service is terminated or the conditions which originally justified them are no longer present. OFL will promptly refund the deposit, with interest, or return the guarantee or other written undertaking, retaining only any amount then owed to it by the customer.
  • Interest on deposits held by O-NET for credit purposes is paid at the Bank of Canada interest rate + 1%. It is calculated on the balance of the deposit and the interest earned prior to the monthly billing period. Monthly accounts will show the total amount of credit deposits held, plus accrued interest.

Bad Debts:

  • Bad Debts :
  • The customer’s bad debt remains on his account until paid for or the customer is discarded permanently as a present or future customer.
  • Bad Debit Allowance
  • It is the practice of Olds Fibre Ltd to aggressively pursue the collection of all amounts owed for the provision of goods and services rendered pursuant to these policies. Accounts classified as Bad Debts are subject to a Bad Debt Allowance ((the amount as determined by OFL board (as of Sept 2015 the rate is 50%) from time to time)) before being forwarded to a collection agency.
  • Olds Fibre Ltd shall consider any customer whose unpaid balance results in a write-off an unacceptable credit risk. Thereafter, such customers will only be provided goods and services on a prepaid base for a period not to exceed two (2) years, after which they may request to reestablish a credit relationship with Olds Fibre Ltd.
  • Debt owed to Olds Fibre Ltd will be considered uncollectable and therefore written off, when either:√ The collection agency to which OFL refers an account determines the debt is uncollectable, or√ OFL receives and unfavorable or unenforceable judgement rendered in a small claims court case, or√ When the accounts receivable officer determines that there is documentation insufficient to pursue legal remedies.

Liability for Unbilled and Under Billed Charges

Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled or under billed charge except where:

(a) in the case of a recurring charge or a charge for an international long distance message it is correctly billed within a period of one year from date it was incurred; or(b) in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred.-In the circumstances described above, unless there has been customer deception, OFL will not charge the customer interest on the amount of the correction. If the customer is unable to promptly pay the full amount owing, OFL will attempt to negotiate a reasonable deferred payment agreement.

Liability for Charges that Should Not Have Been Billed and Those That Were Overbilled

  • In the case of a recurring charge that should not have been billed or that was overbilled, a customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one year of the date of an itemized statement which shows the charge correctly, loses the right to have the excess credited for the period prior to that statement.
  • Non-recurring charges that should not have been billed or that were overbilled will be credited, provided that the customer disputes them within 150 days of the date of the bill.
  • A customer who is credited with any amount that should not have been billed or that was overbilled will also be credited with interest on that amount at the rate payable for interest on deposits that applied during the period in question.

Cancellation before Service Commencement

The minimum contract period for OFL services is one month commencing from the date the service is provided,

  • Except where OFL has stipulated a longer period in instances in which special construction is necessary or special assemblies are installed.
  • A customer who cancels or delays a request for service before installation work has started will not be charged by OFL. Installation work is considered to have started when the customer has advised OFL to proceed, and OFL has incurred any related expense. A customer who cancels or delays a request for service after installation work has started, but before service has started, will be charged the lesser of the full charge for the entire minimum contract period plus the installation charge and the estimated costs incurred in installation less estimated net salvage. The estimated installation costs include the cost of un-salvaged equipment and materials specifically provided or used plus the cost of installing, including engineering, supply expense, labor and supervision, and any other disbursements resulting from the installation and removal work.

Customer Termination of Services

Customers who give OFL reasonable advance notice may terminate their service:

  • After expiry of the minimum contract period, in which case they must pay charges due for service which has been furnished.
  • Before expiry of the minimum contract period, customers may terminate their service in which case they must pay the full charges for the entire minimum contract period or, in the following circumstances, charges due for service which has been furnished:(a) In the event of the death of the customer during the minimum contract period, the termination is effective from the date OFL is notified of the death;(b) Where the customer’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the customer’s control, so that they must be abandoned, the termination is effective from the date OFL is notified;(c) Where a change to the base rate, exchange or local service area affects the customer service, the termination is effective from the date OFL is notified of the customer’s desire to terminate service;(d) Where a customer replaces any OFL service with another OFL service, the termination is effective from the date of the replacement, subject to the terms of the contract for the servicein question;

OFL Termination of Service

OFL may suspend or terminate a customer’s service where the customer:

(a) fails to pay an account of the customer that is past due, provided it exceeds fifty dollars or has been past due for more than two months;(b) fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to these Terms;(c) fails to comply with the terms of a deferred payment agreement;(d) Repeatedly fails to provide OFL with reasonable entry and access to customer provided facilities(e) uses or permits others to use any of OFL services so as to prevent fair and proportionate use by others;(f) uses or permits others to use any of OFL services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls;(g) fails to provide payment when requested by OFLPrior to suspension or termination, OFL will provide the customer with reasonable advance notice, stating:

(a) the reason for the proposed suspension or termination and the amount owing (if any);(b) the scheduled suspension or termination date;(c) that a reasonable deferred Payment agreement can be entered into (where the reason suspension or termination is failure to pay);(d) the reconnection charge;(e) the telephone number of an OFL representative with whom any dispute may be discussed; and(f) that disputes unresolved with this representative may be referred to the Accounts Receivable Officer

Where repeated efforts to contact the customer have failed,

  • OFL will give notice via telephone or e-mail to the billing address.
  • OFL will attempt to deliver such notice twenty-four hours prior to suspension or termination and advise the customer or another responsible person that suspension or termination is imminent, except where:(a) repeated efforts to so advise have failed;(b) immediate action must be taken to protect OFL from network harm resulting from customer-provided equipment; or(c) the suspension or termination occurs by virtue of a failure to provide payment when requested by OFL
  • Except with customer consent or in exceptional circumstances, suspension or termination will occur only business days between 8 a.m. and 4p.m., unless the business day precedes a non-business day in which case disconnection will not occur after 12 noon.
  • Suspension or termination does not affect the customer’s obligation to pay any amount owed to OFL
  • In the case of services that have been suspended, unless suspension occurs during the minimum contract period, OFL will make a daily pro rata allowance based on the monthly charge for such services.
  • OFL will restore service, without undue delay, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated.
  • Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, OFL will restore service during business hours on the next working day, at the latest, unless exceptional circumstances do not permit this, and no reconnection charges shall be levied.

Refunds in cases of service problems:

  • Where there are omissions, interruptions, delays, errors or defects in transmission, or failure or defects in O-NET facilities, Olds Fibre Ltd’s (O/A O-NET) liability is limited to a refund of charges, on request, proportionate to, the length of time the problem existed. With regard to long distance and short period private line service, the refund shall be computed in a similar manner provided that O-NET is advised promptly of the problem. No request is necessary where a problem in primary telephone service lasts twenty-four hours or more from the time O-NET is advised of the problem. However, where the problem is occasioned by O-NET negligence, O-NET is also liable for the amount calculated in accordance with the following:
  • Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, OFL liability for negligence, including negligence with regard to intercept, reference of call service and breach of contract where breach results from the negligence of O-NET, is limited to the greater of $20.00 and three times the amounts refunded or cancelled in accordance to the above.

900 & 976 services

900 & 976 services are subject to specific charges established by the 900 / 976 service provider. Contact us at 403-556-6638 for more details.Call blocking feature: O-NET offers Call Blocking feature that prevents calls to 900 and 976 services from being completed. If you wish to avoid charges for these services altogether or to ensure that your line cannot be used to access these services, you can order this feature by calling us at 403-556-6638.The first time you subscribe, it’s free. If you remove the feature, a one-time charge of $10.00 will apply. A $10.00 charge will also apply each time you subsequently add or remove the feature.

Equipment:

Except where otherwise stipulated or by agreement, OFL will supply and install all equipment required to provide services.• Upon termination of services, the customer must return O-NET equipment• OFL will bear the expense of maintenance and repair of equipment required due to the normal wear and tear to its equipment except that OFL may charge for the additional expense incurred when the customer requires maintenance and repair work to be performed outside of regular working hours. His section does not apply if otherwise stipulated in special agreements.• A customer who has deliberately or by virtue of a lack of reasonable care, caused loss or damage to the O-NET equipment, may be charged the cost of restoration or replacement. In all cases, customers are liable for damage caused to O-NET equipment in customer provided facilities.

Right to Enter Facilities:

OFL agents and employees may,

  • At reasonable hours, enter premises on which service is or is to be provided to install, inspect, repair and remove its equipment
  • To inspect and perform necessary maintenance in cases of network-affected disruption involving customer provided facilities
  • Prior to entering premises, OFL must obtain permission from the customer or other responsible person
  • Entry is not subject to permission in cases of emergency or where entry is pursuant to a court order
  • Upon request, O-NET agents and staff must show valid OFL identification prior to entering premises

Accounts Officer:

In order to ensure compliance with this policy and applicable laws of Alberta, OFL has appointed an Accounts Receivable Officer. If there are any questions about the application of this policy, please contact OFL’s Accounts Receivable Officer:

Accounts Receivable Officer,Olds Fibre Limited,#8B, 5221 – 46 St.,Olds, Alberta, T4H 1T5

403-556-6638E-mail: accountsreceivable@O-NET.ca

Credit Information:

Accounts Receivable information and credit information of each of our member customers may be disclosed or transferred to another party (including The Olds Institute for Community & Regional Development) in the event of a change in ownership of, or a grant of a security interest in, all or part of OFL through a sale transaction or some other form of business combination, merger or joint venture. In addition, OFL may disclose credit information to third parties if at the sole discretion of the Accounts Receivable Officer it is required in the normal course of business to have third parties involved in the collection of past due accounts.

Accuracy and Retention of Credit Information:

OFL endeavors to ensure that any accounts receivable information in its possession is as accurate, current and complete as necessary for the purposes for which OFL uses that information. If credit information changes or is deemed to be not accurate, please notify OFL as soon as reasonably possible. Any request to verify or correct credit information must be made in writing to OFL’s Accounts Receivable Officer. In some circumstances, OFL may not agree to the request to change credit information unless the customer can show where billings have been made in error.OFL keeps credit information only as long as it is required by the Canadian Revenue Agency (CRA). The length of time OFL retains information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of a business relationship with OFL but it will only be for as long as it is necessary for OFL to have sufficient information to respond to any issues that may arise at a later date and to comply with applicable law and regulatory requirements. When OFL no longer requires credit information, OFL will either destroy or erase it, or OFL will make it anonymous such that it cannot be associated with or tracked.

Access to Your Credit Information:

An individual or corporation may ask to see the credit information collected by OFL. A request to review credit information must be made in writing to OFL Accounts Receivable Officer. OFL will endeavor to provide the information requested within a reasonable time from the date of the written request, or within the time otherwise required by law.Upon receipt of a request to review credit information, OFL may request specific information to enable OFL to confirm identity and right to access such information. Please refer to Policy A1 Privacy Policy.Where information requested will not or cannot be disclosed, OFL will provide the reasons for non-disclosure.Revisions to this Policy:

OFL may amend this Accounts Receivable Policy from time to time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your credit information. We will post any revised version of this Policy on our website at www.O-NET.ca

Interpretation of this Policy:

The Accounts Receivable Officer has the responsibility and authority to interpret and administer this Policy. This Policy does not create or confer any additional rights or obligations to those imposed under provincial or federal privacy legislation. Should there be, in a specific case, any inconsistency between this Policy and applicable provincial or federal legislation, and then this Policy will be interpreted to give effect to and comply with such legislation.

APPROVED SEPT. 10, 2015