NORTHERN LIGHTS FIBER TERMS AND CONDITIONS OF SERVICE

Updated November 25, 2025

GENERAL

1.   What are the Terms and Conditions of Service?

These Terms and Conditions of Service (“Service Terms”) govern your use of any Services, as defined below.

Throughout the Service Terms:

    • Affiliate” has the meaning has the meaning set out in the BCA, and also includes any partnership or other unincorporated association in which a NLF or any of its affiliated bodies corporate (as so defined in the BCA) that has a controlling interest or by which it is controlled;
    • Agreement” has the meaning set out in Section 2;
    • BCA” means Alberta’s Business Corporations Act, RSA 2000, c B-9;
    • CCTS” has the meaning in Section 43;
    • CRTC” has the meaning in Section 43;
    • Critical Information Summary” is a document that forms part of the Agreement that summarizes the Services that you subscribe to and related information;
    • Customer Accessed Content” has the meaning in Section 27;
    • Customer Provided Content” has the meaning in Section 28;
    • Direct Sales” means that your Agreement was negotiated or concluded between us and you at your premises;
    • E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
    • Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
    • Fees” has the meaning in Section 7;
    • Fixed Term” means a minimum contract period for a particular Service;
    • I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
    • Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by NLF.
    • Late Payment Charges” has the meaning in Section 9;
    • My Account Portal” is a customer portal on the Website that allows you to access features and information relating to your Services and your account with NLF;
    • NLF” means Canadian Fiber Optics Corp. operating as Northern Lights Fiber, its parents, subsidiaries and Affiliates;
    • NLF Group” means NLF, its partners, licensors, dealers, representatives, suppliers (including suppliers of facilities and services that are used to provide Services) and agents (and their respective employees, officers, directors, shareholders and representatives);
    • NSF” has the meaning in Section 9;
    • Policies” are defined in Section 11 of the Service Terms;
    • Service Agreement” means an agreement setting out the terms for specific Services provided by NLF. Service Agreements are available on the Website at the following URL: https://www.northernlightsfiber.ca/ or otherwise made available to you when you request or when you order Services;
    • Services” mean any services that you subscribe to or receive through NLF, including but not limited to Internet access services, Home Phone and Television (“TV”) services. All Equipment and Software (as defined in this section) are considered elements of the Services;
    • Service Terms” means these NLF Terms and Conditions of Service;
    • Software” means any software used to access the Services or used in conjunction with the Services;
    • Software Documents” has the meaning in Section 25;
    • Term” has the meaning in Section 4;
    • us”, “we”, “our” or “ourselves” means NLF;
    • “VoIP” means Voice over Internet Protocol; and
    • Website” means all content on the https://www.northernlightsfiber.ca/.

2.  What is included as part of my Agreement for Services with NLF?

The “Agreement” includes the Service Terms (inclusive of Policies), Service Agreements for Services to which you subscribe, Critical Information Summaries, any NLF document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms (inclusive of Policies), then to Critical Information Summaries, then to any other NLF documentation describing features, products or services, and lastly to any other documents incorporated by reference.

3.  How do I accept this Agreement?

You acknowledge that you have read, understood and agreed to the Agreement by either: (i) placing an order for Services by any means including online or over the phone; (ii) allowing Services to be installed at your premises; or (iii) using the Services.

If you do not agree to the Service Terms or the applicable Service Agreement(s), you may not use the Services.

4.  How long does the Agreement last?

The “Term” of your Agreement with NLF begins when you accept the Agreement and will continue until the Agreement is terminated. NLF provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, unless you cancel the applicable Service in accordance with Section 37.

5.  Can NLF change the Agreement?

Unless otherwise specified in the Agreement, NLF can change: (a) any aspect of a Service Agreement for month-to-month Services; and (b) any aspect of a Service Agreement for Fixed Term Services with the exception of price, Term, the nature of the Services or any other material or essential element of the Service Agreement. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights. If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

6.  What if I do not agree with a change that NLF makes to the Agreement?

If you do not agree with a change made by NLF, you may cancel the affected Services in accordance with Section 37.

ACCOUNT, BILLING AND PAYMENT

7.  How does NLF bill me for the Services?

You will be billed monthly in advance for Services. You must pay all recurring and one-time charges (“Fees”) and all applicable taxes due for Services by the due date specified in your invoice, which will be available on My Account Portal and delivered to you by email. NLF may bill you monthly in arrears for certain Fees. Newly added Services or changes to your Services may result in pro-rated Fees for a partial monthly billing cycle, one-time charges and other changes to Fees. Service Agreements may also modify the billing terms for certain Services.

8.  How can I pay my bill?

You must pay your bill by the date indicated in your invoice. You can pay your bill: (1) online through a bank account from a list of select financial institutions (provided to you upon request) that NLF may change from time to time; (2) with select credit cards; (3) with Visa, Mastercard or debit; or (4) by pre-authorized bank account withdrawal.

You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. You must promptly advise NLF if your credit card or bank account information changes.

9.  What charges apply to late payments, rejected payments and other account processing actions?

If NLF does not receive payment when due, you will be subject to a late payment charge of 2% per month (accruing on a daily basis and calculated and compounded monthly on the outstanding amount – for a rate of 26.82% per year) or the maximum rate allowable by law, whichever is lower (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.

Administrative charges in the amount of $35.00 may be levied for administration or account processing activities in connection with your account, including as a result of the following:

    • collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, Fees and adjustments;
    • returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason;
    • change of any Identifier; and/or
    • the restoral of Service.

10.  What if I dispute Fees on my invoice?

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within ninety (90) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

YOUR RESPONSIBILITIES

11.  Does NLF have any policies that apply to the Services?

Yes. From time to time, NLF may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference. Policies are published by unambiguous links on the Website. We will follow the process for amendments to the Agreement, under Section 5 of these Service Terms, when introducing new Policies or making changes to existing Policies.

12.  Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to:

    1. Resell the Services, receive any charge or benefit for the use of the Services;

    2. Use a single account in connection with more than one service address; or

    3. Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.

13.  How can I be sure that NLF has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to NLF (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide NLF with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. Failure to provide a forwarding address may result in the forfeiture of any outstanding credits on your account.

14.  What am I responsible for if my NLF account is compromised?

You must notify NLF immediately using the contact coordinates provided in Section 49 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up to date.

NLF SERVICES

15.  Are there any warranties on the Services?

To the maximum extent permitted by law, NLF Group do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

NLF Group do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the NLF Group creates any term, condition, representation or warranty not expressly stated in the Agreement.

16.  Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that NLF does not fully control.

17.  Does a trial period apply to Services?   

Yes. A 10-day money back guarantee applies to all Services that you order for the first time from NLF. If you are not satisfied with your Services, you can request cancellation at any time within the first ten days (or thirty days if you self-identify as a person with a disability) from the date that the Services were ordered and NLF will issue a full refund for installation and monthly recurring Fees paid in advance for the cancelled Services. To initiate a cancellation during the trial period, please contact NLF at the coordinates listed in Section 49 of the Service terms. The refund will be issued when all Equipment is returned pursuant to the requirements of the Service Terms. You may not request a trial period refund for Services that you previously ordered from NLF.

18.  How do I transfer my phone number from another service provider to NLF?

NLF will request your existing service provider to “transfer-in” one or more of your existing phone numbers if you: (i) confirm that you have the right to make the request; (ii) authorize NLF to share with your existing service provider your information relevant to the transfer request (which may include personal information); and (iii) complete and sign any required request form. You are responsible for payment of Fees owed to your existing service provider, including any applicable cancellation charges and taxes.

19.  How do I transfer my phone number from NLF to another service provider?

Upon your request or at the request of your new service provider, if your assigned account and phone numbers are active, NLF will process a “transfer-out” request for a phone number assigned to you to your new chosen service provider. Upon transfer-out, the Service Agreements pertaining to the transferred Services and phone number(s) will be cancelled automatically, pursuant to Section 38. You are responsible for all Fees and taxes associated with the transfer from NLF.

NLF EQUIPMENT, SOFTWARE AND INSTALLATIONS

20.  Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

    • You will take reasonable care of the Equipment;
    • You may not sell, lease, mortgage, transfer, assign or encumber the Equipment;
    • You must operate the Equipment in compliance with the general specifications and standards of the manufacturer;
    • You may not alter or modify the Equipment;

You may not relocate the Equipment without our knowledge and permission; and

Upon termination of your Services, you will return Equipment, accessories (e.g., cables) and ancillary equipment (e.g., adapters) by mail, with adequate protective packaging (e.g., bubble wrap), to the address listed in Section 50 of the Service Terms.

If Equipment that you have not purchased is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment plus taxes, in addition to any costs incurred by us in seeking possession of such Equipment.

21.  What warranties apply to Equipment?

Equipment that is purchased from us is subject to the Equipment manufacturer’s warranty.

For Equipment that you rent or borrow from us, NLF will repair or replace defective Equipment at no cost subject to the conditions described below.

In order to qualify for no cost repair or replacement of defective rental or borrowed Equipment, you must ship the Equipment and all accessories and ancillary equipment provided by the manufacturer (e.g., power adapter, remote controls and wires) to NLF at the address in Section 50 of the Service Terms. NLF reserves the right to charge you for any Equipment (including ancillary equipment) that is not returned when you request an exchange or repair of defective Equipment. NLF will specify the amount of any such charges upon request. Applicable charges may change from time to time.

Defective rental and borrowed Equipment warranties do not apply to, and you are solely responsible for the undiscounted retail replacement cost of rental Equipment, due to: (a) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred, in NLF’s sole discretion, due to a defect in materials or workmanship or due to normal wear and tear; (b) damage caused by use with a third party component or product; (c) damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surge, or other external cause; (d) Equipment that has been modified to alter functionality or capability; and (e) Equipment that has been stolen. NLF shall determine, in its sole discretion, whether defective rental Equipment is ineligible for no cost repair or replacement due to any of these circumstances.

NLF will pay the shipping cost of Equipment returns for eligible repairs and replacements.

For additional details about the process and timelines for Equipment exchanges or repairs, please contact NLF at the coordinates set out in Section 49.

22.  Do I need to grant NLF access to Equipment?

Yes. NLF may require access to your premises in certain circumstances. You agree to authorize us and our representatives, agents and suppliers to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our Services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives, agents and suppliers to enter or have access to your premises to disconnect the Services, as applicable. You must immediately notify us if Equipment is lost, stolen or destroyed. A person of the age of majority (in the province in which your premises are located) must be present at your premises at all times during work conducted pursuant to this section of the Service Terms.

Although NLF will seek your consent whenever feasible, you agree that NLF and our representatives may access, without consent or notice, Equipment located on your property and outside of your residential or business dwelling in the following exceptional circumstances: (a) if NLF has a court order to do so; or (b) if there is an emergency situation, which includes circumstances where Equipment on your property is malfunctioning and affecting your Services or the NLF network.  

23.  Do I need approval from my landlord for the installation of NLF Services?

NLF installations, repairs and disconnections may require the drilling of holes in interior and exterior walls, affixing and stringing cables on walls and baseboards, mounting Equipment and other changes to your premises. You are solely responsible for obtaining any required approvals from your landlord to permit NLF and its representatives, agents and suppliers to complete this work. By ordering Services and allowing NLF to access your Premises, you represent that you have obtained all the required approvals for NLF’s work in the premises and the completion of necessary changes to your premises.

24. Will the Service ever require changes of Equipment?

Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

If you are required to change your Equipment, NLF will pay the shipping costs to retrieve the Equipment from you and send replacement Equipment.

25.  Are there any limitations to the use of Software

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of NLF, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Service Agreement.

26.  Are Software updates required?

Yes. From time to time, you may be required to update your Software, including by way of automatic downloads. By entering into the Agreement, you consent to receiving these downloads. If you do not agree to receiving updates to Software, you may not use the corresponding Service(s) and your only option is to terminate the Service Agreement for the Service(s) that are subject to the software update.

PROPRIETARY RIGHTS

27.  Is the content that I access through the Services subject to any intellectual property rights?

Yes. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by NLF, its licensors or its suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.

28.  Do I have any rights to the content that I provide in connection with the Services?

Yes. NLF does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to NLF or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to NLF or any third party, using the Services, you have thereby granted NLF a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by NLF to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

29.  Who owns electronic addresses used in connection with the Services?

Except where otherwise specified by NLF, Identifiers remain the property of NLF Group at all times.

PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION

30.  How does NLF protect my personal information?

NLF protects your personal information in a manner consistent with its Policies and applicable privacy laws.

31.  Does NLF perform credit checks or report credit history?

Yes, by entering into the Agreement you agree that NLF Group may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. NLF Group may also disclose your NLF credit history to credit reporting agencies, credit grantors and/or collections agencies.

32.  Will NLF send me commercial electronic messages?

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from NLF. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.

SERVICES, VOIP AND RELATED LIMITATION OF LIABILITY

33.  Is 9-1-1 service always available over Home Phone?

No. There are some important differences and limitations in how 9-1-1 calling using Home Phone works, given that it is provided over VoIP technology, when compared to basic and E9-1-1 services that are provided over traditional landline telephone service. Please review this section carefully before activating, installing or using NLF Home Phone services.

With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With NLF Home Phone service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using NLF Home Phone services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.

If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your NLF Home Phone service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to NLF is always the same as the physical address at which your Home Phone device is located. Whenever you move the physical location of your Home Phone device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to your customer portal and changing your recorded location information. Your customer portal can be accessed using the following url: https://www.northernlightsfiber.ca/

You acknowledge and understand that the NLF Home Phone service or access to the NLF Home Phone service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

    • If your Equipment fails, is not configured correctly or does not meet NLF’s requirements;
    • In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
    • In the event of a network outage or power failure;
    • If you or somebody else tampers with or, in some cases, move the Equipment; or
    • Following suspension or termination of your NLF Services or Account.

There may be a greater possibility of network congestion and/or reduced speed in the routing of 9-1-1 calls made utilizing NLF Home Phone service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.

NLF does not currently offer operator service and so emergency services cannot be accessed through an operator by dialing “0”.

You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize NLF Home Phone service, of the important differences and limitations of VoIP-based 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.

34.  How does NLF and NLF Group limit its liability for Home Phone 9-1-1 services?

NLF does not have any control over whether, or the manner in which, 9-1-1 calls over NLF Home Phone service are answered or addressed by any local emergency response centre. NLF disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. NLF relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. NLF disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.

You also acknowledge and agree that, to the maximum extent allowed by law, NLF Group will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your NLF Home Phone service and you agree to indemnify and hold harmless the NLF Group for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your NLF Home Phone service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

LIABILITY AND INDEMNIFICATION

35.  How does NLF limit its liability?

You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, NLF Group’s liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty dollars ($20) or, if the liability is related to a service outage, an amount equal to the Fees payable during such service outage. For greater certainty, NLF Group’s liability for damage to your property or premises caused by the installation, maintenance or repair of Services or any due to any other cause relating to Services shall be limited to a maximum amount equal to twenty dollars ($20).

Other than the foregoing payment and to the maximum extent permitted by applicable law, NLF Group are not responsible to anyone for:

    • Any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to the Service or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
    • The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Service;
    • The denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or Identifiers;
    • Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • Any error, omission or delay in connection with the transfer of Identifiers to or from another telecommunications service provider or any limitation connected thereto;
    • Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
    • Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

These limits are in addition to any other limits on NLF Group’s liability set out elsewhere in the Agreement.

36.  Must I indemnify NLF Group with regards to the Agreement?

Yes. You agree to indemnify and hold harmless NLF Group from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against NLF Group, which result from or relate to the Services, your use of the Services or other matters related to this Agreement. For greater certainty, this indemnification applies to any damage caused to the telecommunications facilities or Services of NLF Group.

CANCELLING AND SUSPENDING NLF SERVICES

37.  When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting NLF at the points of contact specified in Section 49.

38.  What happens to a Service Agreement if I transfer my Services to another provider?

Some Services and Identifiers may be transferred to another provider, pursuant to the terms of the corresponding Service Agreement. Upon transfer-out of one or more Services and Identifiers to another provider, the corresponding Service Agreements for those Services will be automatically cancelled.

39.  When can NLF cancel or suspend my Services?

NLF may cancel any or all of your Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you by email or mail to your billing address.

NLF may also restrict, block, suspend, disconnect or terminate for cause any or all of your Services, including 9-1-1 service, for cause, without notice, if:

  • you are in breach of the Agreement, including non-payment of your charges or non-compliance with any Policies;
  • we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
  • we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

40.  What are my rights and obligations if my Service(s) are cancelled or transferred to another provider?

If you or NLF cancels one or more of your Services you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated), taxes, and Late Payment Charges on your final invoice for those cancelled Services.

For month-to-month Services, NLF will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation.

If, in accordance with the Service Terms, you or NLF cancel a Service that is subject to a Fixed Term prior to the expiry of the Term, then you must pay cancellation charges (“Cancellation Charges”) specified in the Service Agreement for those Services.

To the maximum extent permitted by law, one-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped. If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable.

Cancellation Fees, one-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a Service is cancelled.

Notwithstanding the foregoing, NLF does not issue any credits or refunds for cancellations for cause by NLF, pursuant to Section 39.

After refunds are issued pursuant to this Section 40, if applicable:

    1. if there remains a credit balance of more than $10.00 on your account, we will automatically refund that balance to you within 30 days by refund cheque sent by mail or refund processed on your credit card; and
    2. if there remains a credit balance of less than $10.00 on your account, we will process a refund upon receiving a request from you, which shall then be paid within 30 days by refund cheque sent by mail or refund processed on your credit card.

Services may also be subject to different cancellation and refund terms, as set out in the applicable Service Agreement(s).

41.  How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or terminated by NLF?

NLF may, at its sole discretion, restore your Services, with or without conditions that may include:

    1. full repayment of outstanding amounts owing to NLF;
    2. payment of a $39.95 service reactivation fee;
    3. compensation for costs incurred by NLF in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or
    4. changes to your Fees on an ongoing basis.

ADDITIONAL TERMS

42.  Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province applicable to the Agreement, and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

43.  What is the process that applies to unresolved disputes with NLF?

The process for billing disputes is described in Section 10 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute.

If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commissioner for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). The CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve consumer and small business disputes about telecommunications and television services. The CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service.

With the exception of billing disputes, which are resolved exclusively through the process described in Section 10 of these Service Terms, any unresolved dispute may also be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.

44.  What laws apply to this Agreement?

The Agreement is governed exclusively by and construed in accordance with the laws of the province in which your billing address is located, without regard to the principles of conflict of laws, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province in which the Services are delivered.

45.  Which Court has jurisdiction over claims related to the Agreement?

By entering into the Agreement, except where the CRTC, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive personal jurisdiction of and venue in a court located in the province in which your billing address is located for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of the Agreement. If your billing address is outside of Canada, you agree to the exclusive personal jurisdiction and venue in a court located in the province in which the Services are delivered.

46.  What if parts of this Agreement become unenforceable?

If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and NLF. Even if NLF decides not to enforce any part of this Agreement for any period of time, the term still remains valid and NLF can enforce it in the future.

47.  Can this Agreement be transferred?

NLF may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without NLF’s prior written consent.

48.   Do any terms or obligations of this Agreement apply after the cancellation or expiry of the Agreement?

Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event including but not limited to the obligation to pay any outstanding amounts owed for Services.

HOW TO CONTACT NLF

49.  How do I contact NLF?

To contact NLF for any reason, including providing notices to NLF pursuant to this Agreement, you may reach us:

50.  What NLF address should be used for the return of Equipment?  

All Equipment returns should be shipped to:

 Northern Lights Fiber

 9001 158 Ave,

 Grande Prairie AB

T8V 2N8

51.  How do I contact NLF for technical support?

Unless otherwise provided in a Service Agreement, NLF offers technical support for its Services during normal operating hours (posted on the website). You may contact NLF for technical support via the contact information set out above in Section 49.

MONTHLY DATA USAGE

52.  Are NLF Internet services subject to monthly data caps and data overage charges?

No. All NLF Internet services plans feature unlimited usage with no caps or overage charges, subject to applicable NLF Polices, including our Acceptable Use Policy. 



For Northern Lights Fiber’s Acceptable Use Policy, click here.