Terms of Service

These Terms are an agreement between NIVO (Online) Inc. (“NIVO,” “we,” “us” or “our”) and the customer (“you” or “Customer”) who receives NIVO Internet, Phone, TV or related products and services (collectively, the “Services”).

These Terms, your Order Confirmation and any offer-specific terms form your agreement with NIVO. The Order Confirmation identifies your selected plan, monthly price, commitment period, physical-installation charge, Equipment and promotion. These Terms govern general rights and obligations. Website and FAQ summaries do not change the agreement. If documents conflict, the more specific and more recent contractual document applies, subject always to applicable law and mandatory consumer protections.

“Fixed-Term Service” means a Service with a commitment period shown in the Order Confirmation. A fixed term may protect a price or promotion, but it does not create a cancellation, termination, disconnection or remaining-term fee.

“Month-to-Month Service” means an ongoing Service without a fixed commitment period.

“Add-On Service” means an optional Service added to a primary Service, including Home Phone or TV where offered.

“Equipment” means a router, optical network terminal, phone adapter, set-top box or other device supplied by NIVO. Equipment may be rented from NIVO or purchased by the Customer, as stated in the Order Confirmation.

1. SERVICES

1.1 VoIP (Voice over IP) Home Phone Services

1.1.1 Non-Availability of Traditional 911 or VoIP 9-1-1 Dialing Service

NIVO offers a form of 911 Dialing service (911 Dialing) with its VoIP phone service that is similar to traditional 911 service but has important differences and limitations compared with the enhanced 911 service (VoIP 9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 911 and VoIP 9-1-1 Dialing service, your call is sent to the nearest emergency response centre. With traditional 911 service, your callback number and address are visible to the emergency response centre operator. With VoIP Phone’s 911 Dialing service, your call is sent to a national emergency call centre. The emergency operator answering the call may not have your callback number or exact location, so you must be prepared to provide this information. The call centre operator will confirm your location and then transfer your 911 call to the emergency response centre nearest to you. You hereby authorize us to disclose your name and address to third parties involved in providing 911 Dialing to you, including, without limitation, call routers, call centres and local emergency centres. NIVO agrees to inform users and potential users of the Service about the nature and limitations of the 911 service provided.

1.1.2 Registration of Physical Location Required

For each phone line that you use with the Service, you must register with NIVO the physical address where you will be using the Service. Your initial address will be registered as part of your subscription to the Service. You are responsible for confirming the accuracy of your physical address through your online account if you make any changes, additions or transfers of phone numbers. When you move the Service to another address, you must update your location. If you do not update your location, any 911 calls you make may be sent to an emergency centre near your old address. You may update a location by logging in to your online account or contacting our support centres. For purposes of 911 Dialing, you may register only one location at a time for each phone line. Regardless of the address you register for a portable device (such as Wi-Fi, NIVO Phone or Soft Phone), emergency calls you make from these devices will be routed to the emergency response centre.

1.1.3 Home Phone Service Outages

1.1.3.1 Service Outages Due to Power Failure or Disruption

911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to restart the Device before you use the Service, including 911 Dialing.

1.1.3.2 Service Outages

Home Phone Service, including 9-1-1 calling, depends on a working Internet connection, electrical power and properly connected Equipment. An Internet outage, power failure, Equipment failure or suspension or disconnection of the underlying Internet Service may prevent Home Phone Service from functioning. Customers should maintain an alternate way to contact emergency services. Billing during an outage is governed by sections 2.6 and 5.1 and applicable law.

1.1.3.3 Service Outage Due to Disconnection of Your NIVO Account

Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.

1.1.3.4 Other Service Outages

If there is a Service outage for any reason, it will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including but not limited to those described in this Agreement.

1.1.4 Network Congestion

There may be a greater possibility of network congestion and/or reduced speed when routing a 911 Dialing call compared with traditional 911 dialing over traditional public telephone networks.

1.1.5 Disclaimer of Liability and Indemnification

We have no control over whether, or the manner in which, calls using 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event that third-party data used to route calls is incorrect or yields an erroneous result. Neither NIVO nor its officers or employees may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action arising from or relating to 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or wilful misconduct. You shall not hold NIVO, its officers, directors, employees, affiliates or agents that furnish services to you in connection with the Service liable for any claims, losses, damages, fines, penalties, costs or expenses (including, without limitation, legal fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls and/or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.

1.1.6 Alternate 911 Arrangements

If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 services or disconnect the Service. 

1.1.7 Unlimited Calling and Fair Use

An unlimited calling plan permits ordinary residential calling within the destinations and limits disclosed for that plan. It does not permit resale, automated calling, telemarketing or other unlawful or abusive use. NIVO may take proportionate action under sections 2.8 and 2.10 where use materially harms the network or violates the agreement. Advance notice will be provided where required by law, except where immediate action is necessary and legally permitted.

1.1.8 9-8-8 Suicide Crisis Helpline

9-8-8 Suicide Crisis Helpline is a three-digit helpline that provides urgent, live support by phone and text to people in every province and territory across the country. 9-8-8 is available in English and French, 24 hours a day, every day of the year across the country. 9-8-8 is for anyone thinking about suicide or worried about someone they know. Trained 9-8-8 responders answer calls and texts, listen without judgement and provide support.

1.2 High-Speed Internet Service

1.2.1 Current Fibre Service and Network

NIVO’s current residential Internet offering is fibre-based and is delivered over fibre infrastructure operated by PomeGran Inc. Contractors or other carriers may support construction, transport, installation or service delivery where required. NIVO remains the Customer’s contractual service provider and point of contact unless the Order Confirmation expressly identifies another arrangement.

1.2.2 Physical Installation

A technician or authorized contractor may be required to complete a site assessment, fibre drop, in-home connection or Equipment installation. Appointment dates are estimates and may change because of permitting, weather, construction, access or safety conditions. NIVO will communicate material scheduling changes as soon as reasonably practicable.

Unless the Order Confirmation states that it is waived or discounted, the standard residential Fibre physical-installation charge is $99 plus applicable taxes. Any non-standard work, customer-selected Equipment or additional Service must be described and accepted before it is charged. See sections 2.3.7 and 2.3.10.

1.2.3 Residential Fibre Speed

The speed stated for a residential Fibre plan is the maximum provisioned connection speed for that plan under normal network conditions, measured using a compatible wired connection at the NIVO network hand-off point or demarcation point. Actual throughput experienced by a device may be lower and may vary because of Wi-Fi conditions, customer Equipment, home wiring, device capability, simultaneous use, the destination server, Internet routing, maintenance or temporary congestion.

1.2.4 Speed Testing

For a representative speed test, connect one compatible device directly to the NIVO network terminal using Ethernet, pause other traffic and use a current NIVO-recommended test method. Wi-Fi tests measure the combined effect of the Internet Service, wireless environment and Customer device and do not by themselves establish the speed delivered to the premises.

1.2.5 Unlimited Data and Fair Network Use

Where a plan is described as unlimited, NIVO does not impose a monthly data-usage cap or usage-based overage charge unless a different rule is clearly disclosed in the Order Confirmation. Unlimited Service remains subject to lawful residential use, network security and the published Internet Traffic Management Policy. NIVO will not suspend or reduce Service for ordinary residential use.

1.2.6 Copyright Notices

NIVO will forward copyright notices as required by Canada’s notice-and-notice regime. Forwarding a notice does not mean that NIVO has verified the allegation. NIVO will disclose Customer information only where authorized or required by law.

1.2.7 Internet Traffic Management

NIVO may use proportionate Internet traffic management measures only where reasonably necessary to protect network integrity, address material congestion, respond to emergencies or maintain fair access. NIVO will publish the nature of any ongoing practice, the traffic affected, when it applies, its impact on users and any privacy implications, as required by the CRTC.

Temporary emergency measures may be implemented without advance notice where immediate action is reasonably necessary. NIVO will remove them when the triggering condition ends and will provide notice of material ongoing changes where required by law. Personal information collected for traffic management will be used and disclosed only for lawful, stated purposes.

2. SERVICE AGREEMENT

2.1 Service Term

Service is billed on a recurring basis. Any commitment period, rate guarantee, service start date, end date and renewal terms will be set out in the Customer’s order or service agreement. At the end of a fixed term, the Service will continue on a month-to-month basis unless the Customer cancels or agrees to another plan. A fixed term may govern pricing or a rate guarantee, but it does not create a cancellation or termination fee. NIVO will provide any end-of-term notice required by applicable law or the Internet Code.

2.2 Residential Use of Service and Device

If you subscribe to NIVO’s residential Services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial Service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.

2.3 Fees and Billing

The Customer must pay the monthly charges, usage charges, taxes and expressly accepted one-time charges shown in the Order Confirmation, invoice or applicable Fee Schedule. NIVO will not impose an undisclosed charge or a fee whose purpose or effect is to penalize activation, a plan change or cancellation.

2.3.1 Invoicing

NIVO will issue a monthly electronic invoice to the email address or online account associated with the Customer’s account. The invoice will identify recurring charges, credits, taxes, outstanding balances and any permitted one-time charge. The first and final invoices may include pro-rated amounts. Customers must keep their contact information current and may request a paper invoice under section 2.3.3.

2.3.2 Home Phone Calling Charges

Calling destinations, exclusions, long-distance rates and any fair-use limits are disclosed with the selected Phone plan. Premium-rate, international and other excluded destinations may be charged separately at the disclosed rate.

2.3.3 Paper Invoice

The standard paper-invoice charge is $10 per mailed invoice within Canada, where permitted by law. No paper-invoice charge will apply where prohibited by law or where a no-charge format is required as an accessibility accommodation. NIVO does not mail invoices outside Canada.

2.3.4 Late Payment and Non-Payment

Amounts are due on the date shown on the invoice. NIVO may apply only lawful, disclosed late-payment interest or returned-payment charges. NIVO may suspend or disconnect Service for non-payment only after following sections 2.8 and 2.10 and applicable law. A Customer remains responsible for undisputed charges for Services and products already provided.

2.3.5 Billing Disputes

Customers should contact NIVO promptly after identifying an invoice error. NIVO will investigate and explain its decision and will not require payment of a genuinely disputed amount while the dispute is being handled where prohibited by law. A contractual review period does not waive any right or remedy that cannot lawfully be waived.

2.3.6 Taxes

Prices exclude applicable federal, provincial and municipal taxes unless expressly stated otherwise. NIVO will itemize and collect taxes as required by law.

2.3.7 Fee Transparency and Permitted Charges

NIVO does not charge a residential fee to activate a telecommunications plan, modify or switch an existing plan, or cancel, terminate or disconnect Service. This prohibition applies regardless of whether a fee is labelled as activation, account setup, processing, service change, plan change, early cancellation, termination, disconnection or administration.

Permitted charges must be disclosed before the Customer orders the applicable work, product or service. The charges that may apply are:

• Standard Fibre physical installation, unless waived or discounted in the Order Confirmation;
• $10 per paper invoice mailed within Canada, subject to the legal and accessibility exceptions in section 2.3.3;
• $35 for a dishonoured pre-authorized bank payment or returned-payment charge, where permitted by law;
• up to $20 for reasonable administration directly caused by an expired or declined pre-authorized card payment, where permitted by law;
• a quote accepted in advance for non-standard installation, optional on-site support, configuration or other Customer-requested work;
• the disclosed purchase price of NIVO rental Equipment that is not returned within the 30-day return period set out in section 2.3.8;
• the disclosed price of Customer-selected Equipment, shipping, products, usage or Add-On Service charges, if applicable; and
• any monthly rental charge for NIVO Equipment that is disclosed as part of the Customer’s selected plan or in the Order Confirmation.

NIVO will not impose an automatic or after-the-fact charge that was not disclosed and accepted, except a lawful charge arising from usage, non-payment, non-return of rental Equipment, taxes or another obligation expressly stated in the agreement.

2.3.8 Rental Equipment and Non-Return

A router or other device supplied by NIVO as rental Equipment remains the property of NIVO. For Ontario residential Fibre plans, router rental is included in the plan at no separate monthly rental charge. For Quebec residential Fibre plans, router rental is $5.99 per month and is not included in the base Internet plan, unless otherwise stated in the Order Confirmation or applicable offer terms.

Rental Equipment must be returned according to the instructions provided during cancellation or equipment recovery. Rental Equipment must be returned within 30 days of the date the return instructions are provided. The return instructions will specify how and where the Equipment must be returned. If the Equipment is not returned within the 30-day period, the applicable non-return charges will be communicated to the Customer and may be applied to the Customer’s account.

2.3.9 Configuration Charge

If a Customer expressly requests optional additional configuration support for Customer-owned Equipment outside the NIVO network handoff point or demarcation point, NIVO may charge a reasonable fee that is disclosed and accepted before the work begins. No fee applies merely because the Customer changes a Service plan.

2.3.10 Physical Installation Charge

Unless the Order Confirmation states that it is waived or discounted, the standard Fibre physical-installation charge plus applicable taxes will apply. This is a charge for work performed at, or to connect, the premises; it is not an activation fee.

Non-standard work, such as custom wiring, additional outlets, Equipment relocation or construction beyond standard service installation, may be charged only after NIVO provides a quote and the Customer agrees to the work.

2.3.11 Deposit

NIVO may require a security deposit or other credit arrangement only where permitted by applicable law. NIVO will explain the reason for any deposit, keep a record of that reason, and return the deposit, less any amount lawfully owing, no later than 30 calendar days after the agreement ends or the conditions of the agreement are satisfied.

2.3.12 Optional On-Site Support

NIVO may charge for an optional technician visit only where remote troubleshooting is reasonably available first, NIVO explains why the visit may be chargeable, the Customer receives and accepts the applicable fee or quote before work begins, and the charge is permitted by law. Warranty work, a NIVO network fault and cancellation itself do not create an on-site support fee.

2.3.13 Diagnostic Charges

A diagnostic charge may apply only where the Customer was advised in advance, agreed to the potentially chargeable work and the completed investigation reasonably confirms that the issue was caused by Customer-owned Equipment, Customer wiring, misuse or another matter outside NIVO’s responsibility. A pending troubleshooting ticket does not delay cancellation, and no diagnostic charge is triggered solely because a Customer cancels.

2.3.14 Returned-Payment Charges

The returned-payment amounts in section 2.3.7 may apply only once for the applicable failed payment transaction and only where permitted by law.

2.3.15 Rate and Price Change

NIVO may change rates or other contract terms only in accordance with applicable law and the Internet Code. NIVO will give the Customer the amount of advance notice required for the applicable change, explain the change and its effective date, and state any available Customer options. NIVO will not change a key contract term during a fixed commitment period without the Customer’s informed and express consent.

2.3.16 Billing Corrections

NIVO may correct a billing error only within the period permitted by applicable law. NIVO will provide an itemized explanation of a retroactive correction and any payment arrangements or dispute options that are required or reasonably available.

2.3.17 Refunds and Credits

When Service is cancelled, recurring charges stop on the effective disconnection date. NIVO will automatically refund or credit any paid amount for Service after that date on a pro-rated basis, without a processing fee, within 30 calendar days or any shorter period required by law.

Outstanding charges for Service provided before disconnection and any separately disclosed charges for unreturned rental Equipment remain payable and may be applied separately.

2.3.18 Long Distance

International long-distance calling rates, discounts and the availability of calling exchanges are contingent on the services offered by partner telecommunications companies.

Long-distance calling is billed at the rates disclosed for the Customer’s plan or selected package. NIVO may change those rates only after providing any notice required by applicable law.

2.4 Credit and Security Deposits

NIVO may require a security deposit only on reasonable grounds permitted by applicable law. NIVO will explain and record the reason, and return it, less any amount lawfully owing, no later than 30 calendar days after the contract ends or the conditions for return are satisfied.

2.4.1 Deposit

All deposits are governed by section 2.4 and must be reviewed, applied and returned as required by the Internet Code and applicable law.

2.4.2 Credit Check

NIVO may obtain the Customer’s authorization to conduct a credit check when the Customer is ordering Services from NIVO. Based on the Customer’s credit history, NIVO has sole discretion to determine whether any security deposit is required for monthly Service and/or hardware. NIVO will not disclose the result of the credit check to any third party or use it for any other purpose.

2.5 Fixed-Term and Month-to-Month Plans

The Order Confirmation will state whether the Service is fixed-term or month-to-month. A fixed term may establish a price commitment or promotion, but it does not create a cancellation, termination, disconnection, plan-modification or remaining-term fee.

2.5.1 Commitment Period

Where the Order Confirmation states a commitment period:

• the Customer may cancel at any time without an early-cancellation or remaining-term fee;
• a move to a serviceable address may require a new physical installation and the charge in section 2.3.10, if disclosed and not waived, but no transfer or plan-modification fee;
• if NIVO cannot provide Service at the new address, the Customer may cancel without a fee;
• a speed or plan change takes effect at the price and promotion disclosed for the newly selected plan, without a plan-modification fee; and
• adding or removing an Add-On Service changes only the disclosed charge for that added or removed Service and any separately selected Equipment or physical work.

In every case, the Customer remains responsible for Service and products provided before the effective change or disconnection date and for rental Equipment that is not returned under section 2.3.8.

2.5.2 Month-to-Month Service

A Customer on a month-to-month plan may change or cancel Service at any time without a cancellation or plan-modification fee. Rate or term changes require the notice and consent, if any, required by the Internet Code and applicable law.

2.5.3 Billing When Service Changes or Ends

Partial-month charges will be pro-rated to the effective change or disconnection date. Paid unused Service is refunded or credited under section 2.3.17. Outstanding applicable charges for Services rendered and unreturned Equipment obligations remain payable.

2.5.4 Pre-Authorized Payments

If the Customer selects pre-authorized payment, the Customer authorizes NIVO to charge the amount shown on each invoice using the payment method on file. Amounts may vary because of usage, accepted one-time charges, taxes, credits and outstanding balances. The Customer may change or revoke the authorization in accordance with the payment agreement and applicable law; revocation does not cancel the Service or erase amounts already owing.

2.6 Service Interruptions

2.6.1 Planned Maintenance

NIVO may temporarily interrupt Service to install, inspect, maintain, repair, replace or upgrade network facilities or Equipment. Where reasonably practicable, NIVO will schedule planned work to reduce Customer impact and provide advance notice of the expected timing and duration.

2.6.2 Unplanned Outages and Events Beyond Reasonable Control

Service may be interrupted by power loss, fibre cuts, severe weather, emergencies, security incidents, failure of Customer Equipment, acts of third parties or other events beyond NIVO’s reasonable control. NIVO will use commercially reasonable efforts to investigate, communicate material information that is known and restore affected Service as soon as possible.

2.6.3 Billing, Credits and Customer Rights

NIVO will provide any outage credit, refund, notice or remedy required by the applicable plan, the Internet Code or law. Nothing in this section permits an interruption for an unlimited duration, removes a mandatory Customer remedy or excludes liability that cannot lawfully be excluded. Customers using Home Phone should review the 9-1-1 limitations in section 1.1.

2.7 Disconnection of Services

NIVO may suspend, disconnect or discontinue Service only for the reasons and in the manner permitted by applicable law and the Internet Code. Except where immediate action is permitted to protect the network, prevent fraud or respond to an emergency, NIVO will provide the notice required by law before disconnection. Charges for recurring Service stop on the effective disconnection date and will be prorated to that date. The Customer remains responsible for amounts for Service provided before disconnection and any separate purchase charge for rented Equipment that is not returned. NIVO does not charge a disconnection, cancellation, termination or remaining-term fee.

2.8 Suspension or Termination by NIVO

NIVO may restrict, suspend or terminate Service only where the action is reasonable and proportionate and is permitted by the Internet Code and applicable law. Grounds may include:

• failure to pay an undisputed past-due amount after required notice and a reasonable opportunity to pay or make arrangements;
• a material breach of these Terms that the Customer has not remedied after required notice;
• fraudulent, unlawful, abusive or security-threatening use of the Service;
• use that materially harms the network, other customers, NIVO personnel or property; or
• an emergency, safety risk or network-protection requirement for which immediate action is reasonably necessary.

NIVO will use the least disruptive reasonable measure and will provide notice and an opportunity to remedy the issue where required. Immediate action without advance notice is limited to circumstances in which it is reasonably necessary and legally permitted.

NIVO will not charge recurring Service fees during a provider-initiated full suspension except where the Customer requested a seasonal suspension or charges are expressly permitted by law and disclosed in advance. Amounts for Services and products provided before suspension remain payable.

Restoration after suspension is governed by section 2.12. Customer cancellation remains available during a suspension or open troubleshooting ticket under section 2.9.

2.9 Customer Cancellation

2.9.1 No Cancellation Fee

A Customer may cancel any NIVO residential Service at any time. NIVO does not charge a cancellation, early-cancellation, termination, disconnection, remaining-term or cancellation-related administration fee, including during a commitment period, if applicable.

2.9.2 Amounts That Remain Payable

Cancellation does not erase amounts for Service, usage, products or accepted work provided before the effective disconnection date. Rental Equipment that is not returned may be billed as an Equipment charge under section 2.3.8. These are separate obligations and are not cancellation fees.

2.9.3 Cancellation Methods

Customers may request cancellation by any of the following methods and are not required to telephone NIVO after submitting a written or online request:

• Telephone: 877-878-6486;
• Email: support@nivo.ca;
• Customer online account portal, where available; or
• any additional cancellation method offered by NIVO.

2.9.4 Effective Date, Confirmation and Troubleshooting

Cancellation will take effect on the date requested by the Customer or, if no future date is specified, as soon as reasonably practicable after NIVO receives the request.

NIVO will provide confirmation of the effective disconnection date, final-billing information, refund or credit information and rental-Equipment return instructions, including the 30-day return period and applicable non-return Equipment charges, if any. A pending troubleshooting or diagnostic ticket does not prevent or delay cancellation.

2.9.5 Moves and Plan Changes

The effect of a move, speed change, plan change or addition or removal of Services during a fixed term is described in section 2.5.1.

2.10 Suspension and Disconnection Process

Except where immediate action is reasonably necessary and legally permitted, NIVO will provide at least 14 calendar days’ advance notice before suspension or disconnection and any further notice required by the Internet Code. The notice will identify the reason, the amount owing where applicable, the scheduled date, steps to avoid disconnection, and available payment, dispute and complaint options.

Where required, NIVO will provide a further notice at least 24 hours before disconnection. NIVO will not disconnect before the stated date and will cancel or postpone the action when the triggering issue is resolved or applicable law requires the Service to remain active.

NIVO will not disconnect for a genuinely disputed amount while the dispute is being investigated if the Customer pays the undisputed portion, except where applicable law permits action for fraud, network harm or another urgent risk.

Where an action may affect 9-1-1, accessibility or other protected services, NIVO will comply with all additional legal requirements. Any credit limit or security requirement must be reasonable, explained to the Customer and administered consistently with section 2.4.

2.11 Administrative Charges

Only the disclosed charges permitted by section 2.3.7 may apply. Administrative charges must reflect an optional Customer request or a reasonable cost actually caused by a failed payment, lost Equipment or another stated obligation. No administrative charge may be used to activate, modify, switch, cancel, terminate or disconnect a residential plan.

2.12 Reactivation After Suspension

If a Customer requests restoration after a suspension for non-payment, fraud prevention, misuse of Service or a Customer-requested seasonal suspension, NIVO may recover only reasonable costs actually incurred to restore Service, where permitted by law and disclosed before restoration.

No reactivation charge will apply merely because a Customer activates a new plan, modifies an existing plan or cancels Service.

Any restoration-related charge must comply with applicable law and may not have the purpose or effect of discouraging a Customer from changing a plan or cancelling a contract.

2.13 Discounts and Promotions

Each discount or promotion is governed by the eligibility requirements, price, duration, expiry date, renewal price and other conditions disclosed with that offer. A promotion may end when the applicable Service ends, but NIVO will not charge back previously received Service discounts solely because a Customer cancels. Any selected product, Equipment or installation charge must be separately described and permitted under section 2.3.7.

2.14 Directory Listings and 411 Service

Where directory-listing service is offered, NIVO will disclose whether the Customer’s telephone number will be listed and will honour a Customer’s available unlisted-number or opt-out choice, subject to applicable law and the selected Home Phone service.

2.15 Compatibility with Other Services

2.15.1 Apartment Buzzer and Other Services

Home Phone or other Equipment may not be compatible with every apartment-entry system, alarm, medical-monitoring device, fax machine or third-party service. Customers should confirm compatibility before relying on NIVO Service for a safety-critical or specialized application.

2.16 Customer Service

Customer-service and support information is available at www.nivo.ca or through the contact methods provided on the Customer’s invoice or Order Confirmation. NIVO supports its Services and NIVO-supplied Equipment. Support for Customer-owned or third-party products may be limited, and any optional charge must be disclosed under section 2.3.7.

3. PAYMENT, REFUNDS AND COLLECTION

3.1 Payment

Payment obligations, invoices, permitted fees, disputes, deposits and returned-payment charges are governed by sections 2.3 and 2.4.

3.2 Outstanding Balances and Collection

After suspension or disconnection, the Customer remains responsible for lawful, undisputed amounts for Services, usage, products and accepted work provided before the effective date, together with any disclosed charge for unreturned rental Equipment.

NIVO may recover only actual, reasonable collection costs that are expressly permitted by law or awarded by a court. Collection amounts will not include recurring Service after disconnection, a remaining-term charge or a cancellation or termination fee.

3.3 Final Bill and Refund

NIVO will issue a final bill that separately identifies amounts for Service provided before disconnection and refunds or credits for paid unused Service. Any applicable charge for rental Equipment that is not returned within the 30-day return period set out in section 2.3.8 may be billed separately after that return period has expired. Refunds and credits are governed by section 2.3.17 and will be issued within 30 calendar days or any shorter period required by law.

3.4 Cancellation

Section 2.9 is the sole controlling cancellation process. This section does not create an additional notice method, waiting period, fee or Equipment condition.

3.5 Equipment Ownership, Return and Warranty

NIVO-owned rental Equipment, including a router supplied at no separate monthly rental charge, remains NIVO property and must be returned under section 2.3.8. Applicable router rental charges are determined by the Customer’s plan, region and Order Confirmation. If it is not returned within the 30-day return period, it may be billed at the price disclosed in the return instructions.

Replacement of lost Equipment or Equipment damaged while Service is active may be charged only where the Customer requests or accepts the replacement and the price is disclosed in advance.

Purchased Equipment belongs to the Customer. New Equipment purchased from NIVO includes the manufacturer’s warranty stated at purchase, which is ordinarily one year unless different terms are disclosed. Warranty coverage does not include misuse or damage excluded by the manufacturer.

NIVO is not required to provide configuration, firmware or compatibility support for purchased or Customer-owned Equipment, except for obligations that continue under an applicable warranty or law.

3.6 Promotion Terms

Offer-specific terms govern referral credits, prizes, free or discounted Equipment and monthly discounts. Those terms must be consistent with these Terms, must identify material eligibility and expiry conditions and must not impose a prohibited activation, plan-modification or cancellation fee. Previously received Service discounts will not be clawed back solely because the Customer cancels.

4. NIVO RALLYTV ADD-ON TERMS (WHERE ORDERED)

These Terms apply only where the Customer orders RallyTV or another NIVO television Add-On Service. The Order Confirmation will identify the applicable package, price, Equipment and device limit.

4.1 Service Dependency and Availability

RallyTV requires a compatible high-speed Internet connection and may require an active NIVO Internet Service. Programming is available only where NIVO has distribution rights and may be subject to geographic restrictions, blackouts, substitutions and temporary technical interruptions. NIVO will provide any credit or remedy required by the offer or applicable law.

4.2 Data and Devices

Using RallyTV over a non-NIVO Internet or mobile connection may use the Customer’s data allowance and may create third-party data charges. NIVO is not responsible for third-party data charges. The maximum number of simultaneous streams or activated devices is the number disclosed for the selected package.

4.3 Content and Acceptable Use

The Customer may use RallyTV only for private residential viewing in Canada and must comply with content-rights restrictions and section 5.3. NIVO may investigate or preserve information only where reasonably necessary to operate the Service, enforce the agreement, protect users or comply with law.

5. LIMITATION OF LIABILITY AND GENERAL PROVISIONS

5.1 Limitation of Liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive or consequential losses that were not reasonably foreseeable when the agreement was made. NIVO is not responsible for losses caused solely by Customer Equipment, Customer misuse or an event beyond NIVO’s reasonable control where NIVO has used reasonable efforts to prevent or reduce the impact.

For a Service interruption, the Customer is entitled to any pro-rated credit, refund or other remedy required by the applicable plan, the Internet Code or law. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, breach of privacy obligations, personal injury or death, or any right or liability that cannot lawfully be excluded or limited.

5.2 Customer Responsibility and Indemnity

The Customer is responsible for the lawful use of the Services by people the Customer authorizes. To the extent permitted by law, the Customer will indemnify NIVO against a third-party claim only to the extent the claim results from the Customer’s unlawful or wilful misuse of the Services, infringement of third-party rights or material breach of these Terms. This provision does not apply to the extent a claim was caused by NIVO.

5.3 Content and Acceptable Use

Customers must use the Services in accordance with law and NIVO’s published acceptable-use requirements. Any restriction or suspension based on Customer content or conduct must follow sections 2.8 and 2.10. NIVO will not treat inaction as approval of Customer content.

5.4 Governing Law and Statutory Rights

The agreement is governed by the laws of the province or territory of the Customer’s billing address and the federal laws of Canada that apply there. These Terms do not waive rights or remedies under the applicable consumer-protection legislation, the Telecommunications Act, the CRTC’s consumer codes or other mandatory law.

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

5.5 Complaints and Dispute Resolution

Customers should first contact NIVO so that NIVO can investigate and attempt to resolve a complaint. If a complaint remains unresolved, the Customer may contact the Commission for Complaints for Telecom-television Services (CCTS) at www.ccts-cprst.ca, where the complaint falls within its mandate, or use any other regulator, ombudsman, court or remedy available by law.

A Customer and NIVO may agree to mediation or arbitration after a dispute arises. Arbitration is not mandatory under these Terms, and these Terms do not prevent a Customer from bringing or participating in a class proceeding or exercising a non-waivable statutory right.

5.6 Entire Agreement and Document Priority

These Terms, the Order Confirmation and applicable offer-specific terms form the entire agreement for the Services. The Order Confirmation controls plan-specific prices, Equipment, promotions and commitment details; these Terms control general rights and obligations. No website, FAQ or sales statement changes the agreement unless incorporated into an Order Confirmation or offer-specific term. Mandatory law prevails over every contractual document.

5.7 Severability and No Waiver

If a provision is invalid or unenforceable, it will be interpreted or severed only to the minimum extent necessary, and the remaining provisions continue to apply. A party’s decision not to enforce a provision on one occasion is not a waiver of that provision or any other right.

5.8 Customer Information and Privacy

NIVO will collect, use, disclose, retain and protect Customer information in accordance with its privacy policy and applicable privacy law. NIVO may conduct a credit check only with appropriate authorization and may disclose information where the Customer consents or where disclosure is authorized or required by law. Customers may manage marketing preferences without affecting essential Service communications.

6. FUTURE CHANGES TO THIS AGREEMENT

NIVO may update these Terms to reflect changes in Services, operations, regulatory requirements or law. For a material change, NIVO will provide the content, timing and method of notice required by the Internet Code and applicable law.

NIVO will not change a key contract term during a fixed commitment period without the Customer’s informed and express consent unless the change benefits the Customer or is otherwise permitted by law. The notice will explain the change, its effective date and available Customer options.

Continued use after the effective date constitutes acceptance only where that form of acceptance is permitted by law. Where express consent is required, the change will not take effect without that consent.

Last Updated: October 13, 2026