Use of Web Site Policy

  1. Acceptance

Welcome to the Federal Suspension site. By using the www.suspensionsandwaivers.com Web site (the “Federal Suspensions Web site”), you hereby agree to be bound by and to comply with this acceptable use policy (“AUP”).

Federal Suspensions, operated by Kay Business Consulting Inc. (“Kay”) provides its services (the “Services”) to you subject to this AUP, whether or not you have registered for the Services. If you do not agree with this AUP, please do not use the Federal Suspensions Web site. Federal Suspensions may, at its sole discretion, modify the AUP at any time, and any modifications made will be effective immediately upon posting of the modified AUP on the Federal Suspensions Web site

Key Terms and Conditions

The following terms and conditions of service (these “Terms“) govern your use of the Services. Your service agreement (as may be amended) any Federal Suspensions brochure or online material describing the services or products you have subscribed to or purchased, any applicable user guides that are currently in effect, and any other materials incorporated by reference (collectively, the “Materials“) together with these Terms constitute our agreement with you (“Agreement“). You may have more than one Agreement with us. If there is any inconsistency between the Materials and these Terms, these Terms will prevail.

Throughout this document:

  • Commitment Period means a committed period of time, as indicated on an Agreement;
  • Equipment means any device, equipment or hardware used to access the Services (as defined below) or used in conjunction with the Services, including any SIM (Subscriber Identity Module) card;
  • Month-to-Month Services means any Services that you subscribe to on an ongoing basis, but not with a Commitment Period (as defined below);
  • Residents of Newfoundland means residents of Newfoundland and Labrador who enter into an Agreement to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies;
  • Residents of Québec means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
  • Service or Services means the Federal Suspensions services that you subscribe to or purchase under a service agreement or receive from or through Federal Suspensions;
  • Term Services means any Services that you subscribe to
  • us, we, our and Federal Suspensions means Federal Suspensions

Your account information may be disclosed to Federal Suspensions affiliates, and to our agents, to service your account, respond to your questions, telemarket (including by way of automatic dialing and announcing devices), and promote products and services offered by Federal Suspensions.

By entering into an Agreement, you:

  • authorize Federal Suspensions to obtain information about your credit history and agree that Federal Suspensions may provide information to others about your credit experience with Federal Suspensions;
  • accept all provisions of the Agreement, including those set forth in the Materials and these Terms;
  • agree to cause all persons who use Services under your account or with your authorization to comply with the Agreement;
  • acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
  • acknowledge that you have received and had the opportunity to review a copy of the Agreement, including the Materials and these Terms;
  • confirm that the information you have provided to us is up-to-date and accurate; and
  • agree to notify us of any change in your information.

Amendment Provisions:

Unless otherwise specified in an Agreement, we may change, at any time, without any prior written notice to you: a) with respect to a Service, any charges, features, content, functionality, structure or any other aspects of the Service, as well as any term or provision of the Agreement for that Service, and b) with respect to a Term Service, any charges, features, content, functionality, structure or any other aspects of the Term Service, as well as any term or provision of the Agreement for that Term Service, other than a Key Term (as defined below), unless the change benefits you.

A “Key Term” means (i) the services included in the Term Service and any limits on the use of those services, (ii) the fee for the Service, (iii) the Early Cancellation Fee (as defined below) amount and calculation as set out in the Agreement for that Term Service.

Charges; Account and Payment Information

  1. Charges will commence on the date of the initial activation of the Services (the “Activation Date“).
  2. Unless otherwise agreed to by you and us, we will bill you upfront on activation date. We may bill you, however, for a charge up to 6 months from the date the charge was incurred. You acknowledge that you may be given an account number so that you will receive one invoice for all your Federal Suspensions service accounts.
  3. You are liable for all charges to your account. Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.
  4. If we do not receive payment of an amount due on your account by the specified required payment date, it will be subject to a late payment charge of 2% per month. This late payment charge will accrue on a daily basis and will be calculated and compounded monthly on the outstanding amount (82% per year) 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, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
  5. Administrative Charges: Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following:
    • returned or rejected payments;
    • change of any price plan;
    • change of any identifier (e.g., phone number); and/or
    • the restoral of Service.
    • A list of such charges is available on request, or at http://www.suspensionsandwaivers.com/charges
  6. Applicable only to Residents of Québec: Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the change of any service plan or identifier. A list of such charges is available on request, or at http://www.suspensionsandwaivers.com/charges, and is incorporated into these Terms by reference
  7. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges. If any of those discrepancies resulted in unauthorized or incorrect charges on your account, then we will reverse those charges within 30 days of receiving notice from you.
  8. Unless otherwise set out in the Materials, if you agree to subscribe to any Services, you may be subject to an early cancellation fee, as described in an Agreement (“Early Cancellation Fee“), for the early cancellation of your Service prior to the end of the applicable Service Period. Any decrease in your Commitment Period may be subject to a fee. If your Service is terminated prior to the end of the Service Period, you will pay us an Early Cancellation Fee as specified in your Agreement for that Service, plus taxes.
  9. Changes to your account may not take effect until after your next billing date.

Credit Requirements

  1. Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts, if your balance, including unbilled service and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.

Identifiers

  1. You do not own any identifier (e.g. account, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.

Policies and Acceptable Use

  1. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. We will provide you with notice of the Policies and of changes to the Policies. Our Acceptable Use Policy accompanies these Terms.
    It is also available at http://www.suspensionsandwaivers.com/terms. In addition, when using certain other services, you may be subject to additional terms (which may be posted from time to time) applicable to such services and which may be incorporated by reference into an Agreement.
  2. You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.

Your Content

  1. You grant us the following world-wide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:
    • With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
    • With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.

Publicly accessible” areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.

  1. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with an Agreement or any Policies, or protect ourselves, our customers or the public. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of an Agreement.

No Warranties

  1. You acknowledge and understand that the Services or access to the Services, public alerts or special needs services, may not function correctly, or at all certain circumstances
  2. Neither Federal Suspensions nor its affiliates, employees, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, “Federal Suspensions Parties“) are responsible or liable to you for any software, content, services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content, products or services or anything that is or can be done with such software, content, products or services even if you are billed for such software, content, products or services. All such software, content, products or services is accessed or transmitted solely at your own risk.
  3. Not applicable to Residents of Québec: To the maximum extent permitted by applicable law:
    • the Federal Suspensions Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
    • you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
    • the Federal Suspensions Parties 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 Offering.

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 Federal Suspensions Parties creates any term, condition, representation or warranty not expressly stated in an Agreement.

You are solely responsible for the following matters:

  • any access to the Services;
  • maintaining the security and privacy of your services and your transmissions using the Services, the Equipment or our facilities or networks; and
  • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services .
  1. Applicable only to Residents of Québec: To the maximum extent permitted by law:
    • the Federal Suspensions Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
    • you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
    • the Federal Suspensions Parties 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 Offering.

You are solely responsible for the following matters:

  • any access to the services;
  • maintaining the security and privacy of your services and your transmissions using the Services, our facilities or networks; and
  • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services. Limitations of Liability
  1. Not applicable to Residents of Québec: Unless otherwise specifically set out in an Agreement, to the maximum extent permitted by applicable law, the Federal Suspensions Parties will not be liable to you or to any third party 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 from or relating to the Offering 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 Offering;
    • the denial, restriction, blocking, disruption or inaccessibility of any Services, including public alerts or special needs services
    • any lost, stolen, damaged or expired services, identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • any error, omission or delay in connection with the transfer of services to or from another service provider or any limitation connected thereto; or
    • any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering 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 the Federal Suspensions Parties’ liability set out elsewhere in an Agreement and apply to any act or omission of the Federal Suspensions Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

  1. Applicable only to Residents of Québec: Unless otherwise specifically set out in an Agreement, and except for damages resulting from a Federal Suspensions Party’s own act, the Federal Suspensions Parties will not be liable to you or to any third party for:
    • any 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 or property damage) resulting or relating directly or indirectly from or relating to the Offering;
    • the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
    • the denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, or identifiers;
    • any lost, stolen, damaged, identifiers, passwords, codes, benefits, discounts, rebates or credits;
    • any error, omission or delay in connection with the transfer of services to or from another service provider or any limitation connected thereto;
    • any acts or omissions of a service provider whose services are used in areas 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 Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Indemnification

  1. You will indemnify and hold harmless the Federal Suspensions Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Federal Suspensions Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.

Privacy and Confidentiality of Your Information

  1. Our corporate and online Privacy Policies are available at http://www.suspensionsandwaivers.com/terms. To contact our Privacy Officer in order to access, or obtain more information about, your personal information held by Federal Suspensions, make a privacy-related complaint, or obtain a copy of our Privacy Policies: write to Chief Privacy Officer, Federal Suspensions Solutions, 5 Saddler Avenue, Brampton, Ontario, L6P 2B7.
    Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
    Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you kept by us, other than your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:
  • you;
  • a person who, in our reasonable judgment, is seeking the information as your agent;
  • an agent retained by us in the collection of your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
  • an agent retained by us to evaluate your creditworthiness, provided the information is required for and is to be used only for that purpose;
  • a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
  • a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

Express consent to disclosure may be obtained as follows:

  • by written consent;
  • by oral confirmation verified by an independent third party;
  • by electronic confirmation through the use of a toll-free number;
  • by electronic confirmation via the Internet;
  • by oral consent, where an audio recording of the consent is retained by us; or
  • by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

Term; Suspension; Termination

  1. The term of an Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of that Agreement or applicable law.
  1. Not applicable to Residents of Newfoundland and Residents of Québec:
    Unless otherwise permitted by applicable law:
  • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Federal Suspensions at the appropriate points of contact specified in these Terms; and
  • Federal Suspensions may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 30 days’ advance notice to you at your billing address.
  1. Applicable only to Residents of Newfoundland:
    Unless otherwise permitted by applicable law: 

    • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Federal Suspensions at the appropriate points of contact specified in these Terms;
    • Federal Suspensions may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to an Agreement, including one of the events of default described in Section 42 below;
    • if you have subscribed to a Service, then we may terminate such Service only if you are in default of your obligations under the Agreement for that Service or we no longer have the technical ability to provide that Service; and
    • if your account has a credit balance over $10 on your final invoice, then we will refund that balance to you within 60 days of the date of that invoice. Discretionary credits will not be refunded.
  2. Applicable only to Residents of Québec:
    Unless otherwise permitted by applicable law: 

    • you may terminate any or all of your Services and any corresponding Agreement at any time by contacting Federal Suspensions at the appropriate points of contact specified in these Terms;
    • Federal Suspensions may terminate any or all of your Services or accounts and any corresponding Agreement upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to an Agreement, including one of the events of default described in Section 42 below; and
    • if you have subscribed to a Service, then we may terminate such Service only if you are in default of your obligations hereunder, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.
  3. If you terminate any Services, cancellation takes effect on the day that Federal Suspensions receives notice of the cancellation or a future date specified therein (if applicable). Applicable charges continue to apply until that date. The transfer of your Service to another service provider constitutes a termination of the applicable Service(s), and an Early Cancellation Fee may apply as set out in Section 9.
  4. In addition to our rights to terminate your Services pursuant to Sections 38, 39 and 40, to the extent permitted by applicable law, we may restrict, block, suspend, disconnect or terminate any or all of your Services or accounts, or identifiers in any way, without notice or liability to you, if:
    • you are in breach of an Agreement, including non-payment of your charges or non-compliance with any Policies;
    • you fail to provide or maintain a reasonable security deposit or alternative when requested to do so by us;
    • you agree to a deferred payment plan with us and fail to comply with the terms of the plan;
    • you have given us false, misleading or outdated information;
    • we reasonably suspect or determine that any of your account, identifiers, Services is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities by others;
    • you harass, threaten or abuse us or our employees or agents;
    • you fraudulently or improperly seek to avoid payment to us;
    • we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services;
    • any account or service on which your Services depend is terminated for any reason; or
    • we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
  5. If we restrict, suspend, block, disconnect or terminate your Services or accounts:
    • you must pay any amounts owing;
    • we may also suspend, block, disconnect or terminate, without notice or liability, your Services under any other agreement or account that you may have with us or a Federal Suspensions affiliate (including accounts that may be in good standing);
    • you may be charged for any costs incurred by us or any Federal Suspensions affiliate in connection with your breach of these Terms, including costs incurred to enforce your compliance;
    • your rates for services with Federal Suspensions affiliates may change in accordance with the terms of those services.

Arbitration

  1. Not applicable to Residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
  • an Agreement;
  • the Services or Equipment;
  • oral or written statements, advertisements or promotions relating to an Agreement, the Services or Equipment; or
  • the relationships that result from an Agreement.
  1. Not applicable to Residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by 1 arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Federal Suspensions will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol.

 Intellectual Property

  1. All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by, Federal Suspensions. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the Federal Suspensions Legal Department

Entire Agreement

  1. An Agreement, as amended from time to time, constitutes the entire agreement between you and Federal Suspensions for the Services subscribed to under that Agreement and supersedes all prior agreements, written or oral, with respect to the same subject matter. These Terms cannot be changed by you.
    The following provision does not apply to Residents of Québec: No sales representative, dealer, agent, officer or employee of Federal Suspensions has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification.

General

  1. The respective obligations of the entities that may be defined as Federal Suspensions in an Agreement are several and not joint. If any portion of an Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of an Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of an Agreement. An Agreement ensures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Federal Suspensions respective successors and assigns. You may not assign or transfer an Agreement without our prior consent. We may assign or transfer an Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 8, 27-34 and 36-47 survive termination of an Agreement. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

Governing Law

  1. An Agreement is governed exclusively by the laws of the province in which your billing address is located and you submit to the exclusive jurisdiction of the courts of such province, but if your billing address is outside of Canada, that Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province.

How to Contact Us

  1. To contact Federal Suspensions, go online at http://www.suspensionsandwaivers.com/contact-us ; to inquire about your Services call 1-800-291-9915 or, for more options, write to Federal Suspensions Customer Service, 5 Saddler Avenue, Brampton, ON, L6P 2B7.
  1. Any notice of a claim must be given to the Federal Suspensions Legal Department, Federal Suspensions, 5 Saddler Avenue. Brampton, ON, L6P 2B7

Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
© 2016 06/20