Please carefully read these Terms of Service.
In these Terms of Service, “Yap” , “us”, “Company” or “we” means Yap – Your Affordable Provider Inc. and its suppliers, respective affiliates, related companies, unaffiliated partners and/or licensors.
This website is operated by Yap – Your Affordable Provider Inc. Throughout the site, the terms “Yap”, “we”, “us” and “our” refer to Yap – Your Affordable Provider Inc. and its suppliers, respective affiliates and related companies. Yap offers its services, including all information, tools and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here in this page.
By visiting our site and/ or purchasing a tangible or intangible good from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or using Yap services. By accessing or using any part of the site or Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new service, good, features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the service following the posting of any changes constitutes acceptance of those changes.
Our online store and members area is hosted on a remote server, also managed by Yap. These terms apply to the Yap members portal which is hosted on a separate server.
SECTION 0 – 9-1-1 – EMERGENCY SUPPORT FOR THE SERVICE.****
THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 9-1-1 SERVICE
Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and You acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services. For additional information regarding 9-1-1 CLICK HERE.
9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your Service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your Account as described below.
Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the Service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your Account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
How your information is provided: The Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your Account. If you do not correctly identify the actual location where you are located, or if your Account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of Service or your service access device: if your system access equipment fails or is not configured correctly, or if your Service is not functioning correctly for any reason, including power outages, Service outage, suspension or disconnection of your Service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the Service, including for 9-1-1 emergency calls; and changing locations—if you move your system access equipment to a location other than that described in your Account information or otherwise on record with Yap.
Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, Yap recommends that you terminate the Services or consider an alternate means for accessing traditional 9-1-1 emergency services.
Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your Services of the nature and limitations of 9-1-1 emergency calls on the Services as described herein.
Liability: The Customer is advised to review this section with respect to Yap’s limitations of liability.
The Customer acknowledges and understands that Yap will not be liable for any Service outage and/or inability to dial 9-1-1 using the Service or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YAP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS YAP, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
The customer agrees to defend, indemnify, and hold harmless Yap – Your Affordable Provider Inc., its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who offers services to the customer or Yap – Your Affordable Provider Inc. in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the customer, any third party or user of the customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Yap – Your Affordable Provider Inc. in connection therewith.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – ONLINE STORE TERMS
The online store may be referred to as “online portal or portal”.
Our customers area is provided to you for convenient control of over your services. You are able to place orders for new products, pay invoices and make changes to existing services using our online customers area. We also provide a ticket system for support on active products where you are able to communicate with our Billing and Support staff regarding any issue you may have. It is very important to follow these rules in order to follow the rules of the Ticket system or your online access will be barred. We are under no obligation to provide you online control of your services and we have the right to limit your account access should we feel it is necessary. Some examples of untolerated behavior on our online portal include:
- Placing Fraudulent orders.
- Abuse or exploitation of our online store as well as any form of spam.
- Aggressive slurs and the use of foul language inside of a ticket.
- Opening multiple tickets regarding the same issue. (If you already have one ticket opened, you must wait until you get a reply or give us a call. Do not open another ticket.) This is the same for making multiple comments in the same ticket if there is no additional new information being added to that ticket.
The online portal allows you to upgrade or downgrade existing packages. You are limited to one (1) FREE change of service whether it be an upgrade or downgrade in a one year period. Any additional services changes may be subject to a $35.00 administrative fee. Please speak with an agent to confirm whether a charge will apply for your following service change.
SECTION 2 – GENERAL CONDITIONS
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Yap reserves the right to refuse service to anyone for any reason at any time with or without explanation. We are under no circumstances obliged to accept new orders from new or existing customers.
You understand that your content (not including banking and credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and banking information is always encrypted during transfer over networks. Online shopping with Yap – Your Affordable Provider Inc. is secure. Personal and credit card information entered on the site is transmitted electronically in a format that cannot be intercepted, altered or decoded by a third party as it is encrypted to ensure its confidentiality. Yap – Your Affordable Provider Inc. complies with SSL encryption standards, under which transaction information will always be transmitted securely. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our new orders are subject to change without notice. Prices for existing orders are subject to change following a 30 day notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with a timely notice and applicable refunds. We shall not be liable to you or to any third-party for any modification or price changes. In the case of suspension or discontinuance of the Service, the customer will be refunded an appropriate amount for the service loss, unless the customer was a reason for the suspension or discontinuance.
SECTION 5 – PRODUCTS OR SERVICES
Promo codes are only applicable for the first term. After the initial term is over the accounts will auto renew at the regular rate. If you wish to cancel please do so online or by contacting customer support. Please note that any customer that has already used the promo code once will not be able to sign up using the promo code again. Any client who attempts to cancel service and initiate again to obtain the promo price will be refused, with special exceptions to different physical locations. Furthermore, promo prices are only applicable once per household. Any attempt to place orders with a different name at an address previously supplied with service will also be denied.
All of our high speed internet packages are unmetered. Our unlimited plans allow you access to unlimited usage. In most cases, we are not aware how much data you consume each month. Our Unlimited usage plans are strictly restricted to residential and small business use only.
The rendering of an invoice(s) by Yap – Your Affordable Provider Inc. shall be construed as an offer to extend this agreement and the payment of such invoice(s) by customer shall be construed as an acceptance. If such invoice(s) are not paid within ten (20) days of presentment, in the legal money of Canada, Yap – Your Affordable Provider Inc. may terminate this agreement and discontinue services.
All terms are due up front. All credit cards are billed automatically on their renewal dates or up to seven (7) days early. If your payment is declined we will continue to attempt to collect the payment due as long as your service is active and unpaid. A customer may choose to securely store their credit card information on file for automatic renewal or provide void cheque information for a Pre Authorized Debits (PADs) agreement. A $35.00 NSF FEE only applies to Pre Authorized Debits (PADs) that have been rejected by issuing bank. There are no fees for declined credit cards and debit cards. A valid credit card may be required in order to process some VOIP orders. The credit card will be used for any long distance or other charges that may be incurred on the account. Pre-paid credit cards may not be accepted.
If an invoice is overdue and the customer does not have an approved payment arrangement on file, the services on the customer’s account will suspended for fifteen (15) days before being sent to cancellations. During a suspension your account is still considered active although we have blocked your access to it. You will not be credited for any downtime during a suspension resulted due to late invoice payment.
If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done by online or by phone. Please make sure you obtain the cancellation ID or ticket number for your request to confirm cancellation of service. If a service has an invoice that has been overdue for more than twenty (20) days it will be cancelled for non-payment. YAP reserves the right to terminate services undergoing any fraudulent or illegal activities without notice or refund and report them to the appropriate authorities.
Yap – Your Affordable Provider Inc. accepts various flexible payment methods. We reserve the right to deny any method of payment at any given time, prior to the payment being made. We also reserve the right to temporarily or permanently add or remove additional payment methods. Yap – Your Affordable Provider Inc. may redirect you to a third-party website (such as Moneris Solutions) in order to complete payment of invoices. It is the customers’ sole responsibility to comply with these third party websites and their regulations. Yap – Your Affordable Provider Inc. cannot be held liable for your experience or compliance with any third party website.
Diagnostic Maintenance Charges.
A maintenance charge will be applied to any account as a result of a request for a diagnostic maintenance on an account where no fault was found on the underlying carrier company’s facilities or equipment. Should a internal jack or line require installation you will be charge $99.95 + Tax. For any work outside the residence no charges will be applied.
Installation and Rescheduled Visits.
Please Note: We if we have to install or rescheduled your internet installation a technician may need to gain access into your service location. Please have someone over the age of 18 available during this date and time frame to allow the technician access to avoid any delays. Please call our technical support line two business days after receiving your confirmation message to verify your installation date. If the technician is missed, there may be a $35.00 fee for each missed incident.
SECTION 5A – 30 DAY MONEY BACK.
If you are not satisfied with our service for any reason within the first 30 days, Yap will provide a partial refund less any usage incurred through long distance charges. After the initial 30 day period a customer must complete the remainder of the term. Customer(s) may choose to cancel the account prior to the end of term however, no refund will be issued for that period. Yap – Your Affordable Provider Inc. understands that due to the nature of our technology and affiliations with other partners, issues can occur which are out of our control. In such cases Yap Billing department may choose at our sole discretion to grant refunds on a case by case basis. Furthermore the 30 day unconditional money back guarantee does not include installation fees and does not apply for renewals. Customers must terminate the agreement before or on the renewal date. Should a client forget to terminate before the renewal date, clients will be required to pay each additional month of service ( at the monthly rate ) and the remainder will be refunded.
SECTION 5B – Modems and Routers and ATA (Voip Device and Internet Modem)
If a customer is renting a modem from Yap and does not return the modem after terminating their services, the customer will be subject to $125.00 charge. Unpaid debts on hardware may be sent to collections or the appropriate authorities.
Should a client purchase a modem from Yap – Your Affordable Provider Inc., but decide that they wish to return it must notify us in writing with 10 days of the original purchase date to qualify for a refund. After 10 days, the modem fee is non-refundable. Equipment that is purchased directly from Yap – Your Affordable Provider Inc. has full 1 year warranty, but will not cover physical damage to equipment not consistent with normal wear and tear. As long as your internet services are active with Yap – Your Affordable Provider Inc. and the modem was purchased directly from us, we will troubleshoot any equipment troubles.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates or other banking information, so that we can complete your transactions and contact you as needed. All terms are due up front. You will need to pay for the full term before you receive the service.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
We may disclose the personal information of the client such as the client’s identity and the clients address and phone numbers and related information without the knowledge or consent of the client when :
a) we are required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or
b) to comply with rules of court relating to the production of records; or c) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that
(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,
(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or}
(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice. We will make an attempt to notify you in the case we need to edit anything major. If you had submitted your order and we cannot honor your order because of a typographical error, we have the right to cancel your order, and may possibly offer you a similar package. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. Neither Yap nor its officers, directors, employees, service providers or partners may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Yap. Subject to the provisions of this agreement, Yap does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose. The customer agrees to defend, indemnify, and hold harmless Yap, its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who offers services to the customer or Yap in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the customer, any third party or user of the customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Yap in connection therewith.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We also find these following acts prohibited:
- Call Centers
- Continuous or extensive call forwarding
- Fax or voicemail broadcasting
- Telemarketing or Mass Solicitations
- Fax or voicemail blasting
- Continous Call Conferencing
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, with proper notice and refunds of monies for services, if applicable to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Yap, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Yap – Your Affordable Provider Inc. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning. Thus, certain equipment, routing, software, and programming used by Yap – Your Affordable Provider Inc. are not directly owned and written by Yap – Your Affordable Provider Inc. Moreover, Yap – Your Affordable Provider Inc. holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Yap – Your Affordable Provider Inc. sees fit.
The decisions made by the Canadian Radio and Television Commission (the “CRTC”) and other regulatory bodies with jurisdiction over Yap – Your Affordable Provider Inc. and its services affect the contracts for services you have contracted for with us and Yap – Your Affordable Provider Inc’s costs of providing them . Therefore all cited prices for all services Yap – Your Affordable Provider Inc. offers to you either on an initial term or on a renewal of your contract will be increased immediately in the event that the CRTC or other regulatory bodies may issue orders that may apply to the services you contract for or the price for those services. The increases in costs to Yap – Your Affordable Provider Inc. for providing those services will be passed on to you, the consumer. Yap – Your Affordable Provider Inc. therefore reserves the right to increase the rates you pay and increase the amount on your bills to reflect these increased costs
Internet traffic management policies (ITMP)
Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality Internet experience for the most users possible. Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by the Yap High Speed Internet Service. While our partners are constantly investing in the network in order to ensure a high quality Internet service, significant increases in traffic demand may occasionally result in congestion on such shared networks. Yap – Your Affordable Provider is part of a network that uses a Internet Quality Management system designed to minimize the impact for most users during congestion periods. The Internet Quality Management system works by identifying types of Internet traffic that are more sensitive to congestion and delays and prioritizing such traffic when necessary. The system identifies traffic types at all times in order to react immediately in case of network congestion. Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality Internet experience for the most users possible. Internet traffic is identified and, if necessary, prioritized based on four groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second and third priority groups consist of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The fourth group includes applications that are traditionally less popular with our customer base as a whole. Normally all Internet traffic will be delivered at full speed. During congestion periods, Customers should see no change in the quality of their Internet experience when using time-sensitive Internet applications. Customers using less time-sensitive applications may notice a decrease in their download/upload speeds until the temporary network congestion has passed. Even if Yap were to be found to be negligent or at fault, We shall not be liable for more than a refund of the monies paid by Customer to Us. Yap makes no representation as to the merchantability or fitness for any purpose of the Phone or Internet service and ancillary derive to be provided to customer.
When moving Cable or DSL internet accounts, the first move is processed free of charge per year. For each subsequent move requests, a fee of $25.00 + taxes will apply. Installation fees are charged separate from moving fees.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Yap and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company’s sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect.
Furthermore: Yap – Your Affordable Provider Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification. Yap – Your Affordable Provider Inc. reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company’s sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month’s charges.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforced the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario. If it is impossible to govern these terms in Ontario, the terms of this agreement shall be governed by the laws of the Canadian province or territory it is brought forth within.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – ATOP TV
SECTION 21 – CONTACT INFORMATION
Yap – Your Affordable Provider Inc.
This document was last updated on January 29th, 2019.