Terms & Conditions

  1. LIME TELENET (“LIME”) provides High Speed Internet; Phone service; Trunking and Hosted Voice services. (hereafter, “LIME’s Services” or “Services”, unless the context requires otherwise).
  2. Definitions: In this Agreement, i) “Customer” shall mean a person or entity acting for residential, commercial or business purposes, named on the invoice and responsible, unless otherwise agreed with LIME, for paying the charges for the Services provided under the Agreement and entitled to receive any notice and information relating to this Agreement or the Services; and ii) “Agreement” shall mean the agreement in effect from time to time between LIME and the Customer which is subject to amendment in accordance with section 16 hereof, including, but not limited to, the present Terms and Conditions, and any other document or form designated by LIME as forming part of the Agreement.
  3. By using LIME’s Services, the Customer expressly agrees to be bound by the terms and conditions of this Agreement. If the Customer does not agree with the terms and conditions of the Agreement, the Customer must immediately cease using the Services and so notify LIME.
  4. Customer accounts are due and payable in full by the due date shown on the invoice or as agreed by the Customer through its initial pre-authorized bank withdrawals or credit card payment authorization. Lime may be required to refund customers for overpayments, any required refund will be paid back to the customer within 30 days via either credit card or electronic fund transfer.
  5. The Customer agrees to pay the total charges due in accordance with section 4 hereof using any of the following methods: automatically by pre-authorized bank withdrawals or credit card payment in advance of service start each month.
  6. An administration charge of $45 will be levied if the Customer’s cheque is returned for insufficient funds (NSF) or in the case of a refused bank account or credit card pre-authorized debit. Any amount unpaid after the due date shall bear interest at a rate of 2% per month (24% per annum) calculated and compounded monthly. An additional collection charge will be levied if costs are incurred as a result of collection efforts on outstanding amounts.
  7. Overdue accounts may result in suspension or cancellation of any or all of the Services provided by LIME. If a service call is required to restore any Customer’s Service which has been suspended or terminated for non-payment, a reconnection charge will apply.
  8. LIME reserves any and all rights, whenever it will observe that the use of Services or related products (such as, and without limiting the generality of the foregoing, long-distance telephone service) by the Customer exceeds a reasonable limit, as determined by LIME in its sole judgement, to temporarily suspend or restrict the Customer's access to those Services or products and/or any other products related thereto or disconnect same, without notice or delay. The Customer will then have the obligation to contact LIME's customer service, which may at that time require from the Customer, as applicable, a payment to cover the cost incurred by prior excessive consumption of those Services, enabling the Customer to have access again to such Services. For the purposes of this Agreement, shall be considered as exceeding a reasonable limit any usage that restricts or inhibits other users from using or enjoying the Services in an adequate manner, creates an unusually large burden on the LIME network, generates levels of traffic impeding other users’ ability to transmit or receive information, or that could eventually result in significant amounts to be paid by the Customer related to the use of such Services or related products.
  9. The Customer shall notify LIME in writing or orally of any errors, irregularities or omissions on the invoice within sixty (60) days of the invoice date. Failure to contact LIME within this time period will constitute the Customer’s acceptance of the charges set out in the invoice.
  10. Only the business contracted for services from LIME is authorized to use these services. In the event that the Customer fails to comply with the present section, LIME shall have the right to recover from the Customer any and all charges that may be incurred in order to render the Customer's use of the Services authorized and lawful.
  11. It is acknowledged by the Customer that there are provisions in the Criminal Code of Canada which refer specifically to “telecommunication services” or “computer services”, which include the Services provided by LIME, and that any unauthorized connection to LIME’s Services or equipment, interfering or tampering with LIME’s Services or equipment or unauthorized use of LIME’s Services or equipment is prohibited and may constitute theft under the Criminal Code of Canada. The Customer must immediately inform LIME, either in writing, by calling LIME’s customer service or by accessing the www.limetelenet.com website, if the Customer notices, at any time, that any of the Services is either stolen or being used unlawfully.
  12. The Customer agrees not to use the Services in a manner that is contrary to applicable laws or regulations. Any breach of applicable laws or regulations may result in the termination of this Agreement and/or any of the Services used wrongfully being disconnected or suspended.
  13. The Customer agrees that all equipment installed or provided by LIME shall remain the property of LIME, except for equipment purchased and paid for by the Customer which is neither returnable to nor refundable by LIME. Fees may be charged to the Customer for the installation of the Services. The Customer will protect the equipment from defacing, tampering or damage, and will not permit anyone other than a representative of LIME to perform any work on such equipment, unless otherwise especially allowed by LIME. The Customer acknowledges and accepts full responsibility for all equipment installed by LIME at the service address and agrees to reimburse LIME for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part thereof. The Customer is responsible for returning LIME’s relevant equipment upon termination of a Service or this Agreement, to LIME’s closest retail location or, in the absence of such retail location, to contact LIME to arrange for equipment return. In the event the Customer fails to return said equipment or fails to comply with the terms and conditions of this Agreement, LIME may, at its option, repossess such equipment and charge the Customer any costs incurred in connection therewith, or charge the Customer the full replacement cost of the unreturned leased equipment.
  14. The Customer hereby grants LIME, its employees, representatives, contractors, subcontractors and agents reasonable access to the Customer’s premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect LIME’s Services or equipment. Charges may apply if a service call is required to restore any of the Services of a Customer and it is determined that the problem does not originate from LIME’s network. Charges may also apply if the Customer solicits LIME’s technical assistance by telephone. In addition, charges may apply in the event that the Customer expressly requests that the Services currently delivered by LIME be modified.
  15. If the Customer does not own the premises where the Services are provided, the Customer warrants that the Customer has the consent of the owner of the premises or otherwise has the authority to allow LIME to install, inspect, service, maintain, remove or disconnect LIME’s Services.
  16. LIME may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below) at any time. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which LIME distributes and the Customer receives the Services. LIME may provide written notice to the Customer, which notice may be sent via e-mail, mail or by posting such changes on its www.limetelenet.com website. The Customer's continued use of a Service following implementation of such a change shall be deemed to be the Customer's acceptance of any such change. The Customer is encouraged to visit the www.limetelenet.com website from time to time to check for any changes of the terms and conditions of this Agreement.
  17. The Customer shall be entitled to cancel the Agreement or a Service before the expiry of the Promotion Period or of the defined terms, but in this event, the Customer shall pay LIME the cancellation indemnity of 50% of the remaining outstanding balance. The customer must provide 30 days written notice prior to the expiration of the assigned term to cancel the Agreement or Service. If LIME is otherwise notified by the Customer, the Agreement shall automatically renew at the expiration of the Promotion Period or the defined term, on a monthly basis and at the regular rates then in effect for the Services, and may thereafter be terminated in accordance with the terms set out in the paragraph above. The Customer shall remain liable for the payment of all outstanding balances accrued up to the effective date of termination, as determined in accordance with the paragraph above.
  18. In addition to all other rights given to LIME under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), LIME may: (a) at any time, upon at least five (5) days’ prior notice to the Customer, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to the Customer, disconnect or suspend the Customer's access to the Services or cancel the Agreement (i) if the Customer fails to comply with one or more of the provisions of the Agreement; or (ii) upon the occurrence of any act of bankruptcy on the part of the Customer, or if the Customer becomes insolvent, relies upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against the Customer.
  19. LIME DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. LIME. WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. LIME DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES THAT LIME AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING OUT OF, DIRECTLY OR INDIRECTLY, OR RELATING, IN ANY MANNER, TO THE SERVICES. IN NO EVENT SHALL LIME HAVE ANY LIABILITY TO THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT AND IN NO EVENT SHALL LIME’S LIABILITY TOWARD THE CUSTOMER EXCEED THE TOTAL AMOUNT PAID TO LIME BY THE CUSTOMER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF THE AGREEMENT.
  20. LIME collects information on its customers and uses such information to develop and maintain its relationships with its customers, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess the interests, wants and needs of customers with a view to improving current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless a Customer provides express consent or unless disclosure is pursuant to a legal power, all information kept by LIME regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by LIME to anyone other than: the Customer; a person who, in the reasonable judgment of the company, is seeking the information as an agent of the Customer; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone-directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or an agent retained by LIME in the collection of the Customer’s account, provided the information is required for and is to be used only for that purpose. Express consent to disclosure may be taken to be given by a Customer where the Customer provides: written consent; oral confirmation verified by an independent third party; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by the carrier; or consent through other methods, as long as an objective documented record of customer consent is created by the Customer or by an independent third party. By entering into this Agreement, the Customer hereby expressly consents to LIME requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding the Customer and associated account. The Customer also hereby expressly consents to LIME requiring and collecting from the Customer, and providing to third parties, information for the purposes set forth in the first paragraph of this section. Lime ensures that customer information is protected thru the implementation of range of business procedures and security safeguards.
  21. Any claim, dispute or controversy (whether in contract or tort, or pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of: (a) this Agreement; or (b) the Services; (a "Claim"), will be referred to and determined by arbitration. Customer agrees to waive any right to commence or participate in any class action against LIME related to any Claim. If Customer has a Claim, written notice to arbitrate shall be delivered to the head office of LIME, attention: Vice President, Chief Legal Affairs and Secretary. All arbitration claims shall be conducted by one arbitrator in Windsor, Ontario Canada pursuant to such rules as may be agreed upon by LIME and Customer. If LIME and Customer are unable to agree upon such rules, it will be conducted in accordance with Arbitration Act (Ontario) if the Services are delivered to the Customer in Ontario, or with the Code of Civil Procedure (Québec) if the Services are delivered to the Customer in Québec. Each of LIME and Customer shall be responsible for their own fees and expenses, and shall share the costs of arbitration equally.
  22. The failure of LIME to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agrees that if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions will subsist in full force and effect.
  23. This Agreement shall be governed by, and construed in accordance with, the laws applicable in the Province in which the Services are delivered by LIME to the Customer.
    SPECIFIC TERMS AND CONDITIONS APPLICABLE TO LIME HIGH SPEED BUSINESS INTERNET SERVICE - ACCEPTABLE USE POLICY.
  24. By using LIME’s High Speed Business Internet Service, the Customer agrees not to use this Service in a manner that is contrary to applicable laws and regulations and LIME’s Acceptable Use Policy (“AUP”) which forms part of this Agreement and is available at www.limetelenet.com. If the Customer does not agree with the terms and conditions of the AUP, the Customer must immediately stop using the High Speed Business Internet Service and immediately notify LIME customer service that the Customer is terminating this Service.
    SPECIFIC TERMS AND CONDITIONS APPLICABLE TO LIME PHONE, TRUNKING AND HOSTED VOICE SERVICES.
  25. The LIME Phone Service should only be used from the Customer’s telephone located at the Customer’s service address, which is connected to LIME’s installed equipment. The Customer shall not use this Service for activities that include telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast or fax blasting. The Customer is also prohibited from reselling or transferring this Service to any other person for any purpose, or charge any fees for the use of this Service, without express prior written permission from LIME. Upon discovering that use of this Service or any functionalities related thereto by Customer is contravening the terms of the present section or exceeds reasonable usage limits as determined by LIME at its sole discretion, LIME may, at any time and without prior notice, limit or suspend access by the Customer to this Service. In such cases, the Customer must contact LIME’s customer service which may require payment of owed charges in order to restore Customer access to this Service. LIME may also impose additional charges if the Customer exceeds the prescribed usage limits set out from time to time by LIME for Toll-Free Service (described on LIME website at www.limetelenet.com).
  26. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THIS SERVICE MAY BE DISRUPTED IN THE FOLLOWING (BUT NOT LIMITED TO THESE) CASES: ELECTRIC POWER OUTAGE, AN INTERRUPTION OF THE INTERNET SERVICE OR THE SUSPENSION OR CANCELLATION, IN ACCORDANCE WITH THIS AGREEMENT, OF THE LIME PHONE SERVICE BY LIME.
  27. LIME reserves the right to change the number assigned to the Customer, but will, however, take all reasonable measures to prevent such an occurrence. In the event of such a change, LIME will endeavour to give reasonable prior notice to the Customer.
  28. LIME’s installed equipment shall remain where this Service was initially installed and as long as the Customer uses or subscribes to LIME’s Phone Service, in order to ensure that the 911 calls will be handed off to the Emergency 911 Call Center serving the Customer’s service address, and that the address from which a 911 call is placed will correspond to the physical address registered in the 911 database associated with the Customer’s telephone number. The Customer understands that any breach hereof may result in the 911 emergency services being unavailable. The LIME Phone Service allows access to the 911 emergency service in the traditional manner, as long as LIME’s installed equipment connected to the Customer’s telephone set remains, as required, at the same physical address given to LIME at the time the initial installation of such Service was made. Emergency 911 service will not work properly if the Customer experiences one of the following (but not limited to these) technical problems with LIME’s Phone Service: failure of LIME’s installed equipment; a gateway configuration problem; an electrical power outage, an Internet Service outage or a suspension or cancellation of the Business Phone Service by LIME in accordance with this Agreement. IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS OF THE 911 SERVICE DESCRIBED ABOVE, THE CUSTOMER ACKNOWLEDGES THAT LIME AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE OPERATION OF THE 911 SERVICE.
  29. LIME will not incur nor assume any liability whatsoever arising from the connection to LIME Phone Service of non-voice equipment, such as medical monitoring devices or security systems. By accepting this Agreement, the Customer waives the right to make any claim against LIME for any interference with or disruption of such systems due to their connection to LIME’s Phone Service. The Customer acknowledges that such non-voice equipment connected to LIME Phone Service may not be available or may be disrupted in the cases set forth in section 27 above. In the event the Customer decides to proceed with the connection of such non-voice equipment to LIME Phone Service, the Customer shall seek and obtain confirmation from the supplier or manufacturer thereof that the same is compatible and may be used efficiently with the LIME Phone Service, and shall perform usual required tests.
  30. In the case of errors or omissions in directory listings, whether or not the error or omission is with regard to a telephone number, LIME’s liability is limited to correcting the error or omission that has occurred.
  31. Customer is responsible for paying for all calls originating from, and charged calls accepted at, Customer’s telephones or via any equipment that the Customer has attached to the Service, regardless of who made or accepted them, including without limitation, illegal or fraudulent usage.
  32. It is the Customer's responsibility to ensure that no one gains unauthorized access to the LIME Phone Service or Hosted Voice Service via any equipment that the Customer has attached to the Service. Examples include but are not limited to answering machines or Private Branch Exchange (PBX) systems. The Customer is solely responsible for the security of any device the Customer attaches or authorizes to attach to the LIME network and must take actions to prevent unauthorized access to the LIME Phone Service.
  33. Although LIME has no obligation to monitor the LIME Phone Service Customer’s usage, LIME reserves the right to monitor usage from time to time to operate the LIME Phone Service. Any correspondence that LIME may want to deliver to the Customer with respect to usage will be sent to the primary contact E-mail address attached to the Customer’s account or via the account principle details.
  34. LIME has no obligation to notify the Customer of any suspected fraudulent or inappropriate usage of the LIME Phone Service. LIME however reserves the right to take any measures deemed appropriate, including service suspension without prior notice and as a consequence, the Emergency 911 service, upon detection of any suspected fraudulent or inappropriate usage.
  35. LIME will not incur nor assume liability for any recordings that are stored on its messaging services. The Customer is fully responsible to save recordings on the Customer’s own media in a timely fashion for archival use. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO LIME HOSTING SERVICE.
  36. LIME shall have the right to use Customer’s personal logs, user profiles, and all text images, logos and trademarks provided by Customer to LIME for the purpose of customizing the browser-based website management application.
  37. LIME shall provide third party software to the Customer where LIME has agreed to make third party software available to its business Customers and the Customer has agreed to the third party software terms and conditions. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO LIME BUSINESS HOTSPOTS.
  38. The Customer shall neither use nor knowingly permit the use, by any other person, firm or corporation, of LIME’s equipment or distribution system, without LIME’s prior written authorization. The Customer shall not interfere nor knowingly permit interference or tampering, directly or indirectly, with LIME’s cables, installations, equipment or signals. If the operation of LIME’s system and equipment or the provision of the Wi-Fi Services is interfered with by the operation of other equipment or by the activities of third parties in or in respect of the Property, the Customer shall extend commercially reasonable efforts to assist LIME in obtaining removal of the interference within a time frame that is appropriate having regard to the nature and extent of the interference.
  39. Except for the Customer’s obligations to pay amounts owing to LIME under this Agreement, as the case may be, each of the parties hereto shall be free from all liability for inability on their part to carry out any of the obligations stipulated in this Agreement due to force majeure including, but not limited to, governmental intervention, strikes, labour disputes or any reason or cause whatsoever beyond the reasonable control of such party.
  40. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.