Terms of Use

A. USE OF SERVICES

1. Customer will only use the Services in accordance with the terms of this Agreement, the Carrier Terms, applicable law and any policies, rules or guidelines published by the applicable Carrier.
2. The Carrier may at any time make changes to its networks and undertake maintenance to network services without notice to you. The Carrier may also update or change the software, features and settings on our network, including through “over-the-air” instructions sent without notice, to ensure the device meets its standards. While such activities are undertaken, the Service may not be available.
3. The Carrier network is able to support a wide range of equipment but there is no guarantee it will work on all equipment and devices.
4. The terms of Service set out in this Agreement are subject to change upon at least 30 days’ notice to you with your bill. Such changes shall become effective once you use the service after such 30 day period. If there is an adverse material change in these terms of Service that is subject to the Service Term, you may cancel this Agreement without termination charges by sending a notice to us within 30 days of your receipt of the notice of change.
5. If you breach any provision of this Agreement and do not remedy the breach within 10 days following notice of the breach, or become insolvent or bankrupt, make an assignment for the benefit of creditors or appoint or have appointed for it a receiver or manager, cease to do business as a going concern, or are wound up or dissolved, we may terminate this Agreement and deactivate your Services, effective immediately upon notice.
6. In respect of the provision of emergency services on a mandatory basis, neither we nor the Carrier is liable for: (i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over the Carrier’s network; (ii) damages arising out of your acts, default, neglect or omission in the use or operation of equipment provided by us; (iii) damages arising out of the transmission of material or messages over Carrier’s network which is in any way unlawful; or (iv) any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your equipment.
7. To the extent that the Services include use of or access to third party software or platforms, your use of the Service may be subject to such third party’s licensing terms (“Third Party Terms”). You agree to abide by any Third Party Terms.
8. In the event that we become insolvent or subject, voluntarily or involuntarily, to any bankruptcy proceeding or commence any proceedings to dissolve or liquidate our business, we will provide up to 3 months of continued Services on the same terms as set out herein to facilitate your transition to another service provider, except where prohibited by law or a ruling, decree or order of a court or trustee.

B. PAYMENT & BILLING

1. We will bill you for the Services on a monthly basis. Bills are due NET 30 days upon receipt. Please allow enough time for payments to reach us by the account statement date. Seven (7) business days may be needed for mail and three (3) days for bank payments. We will credit payments to the account on the day that we receive them. We will apply late payment charges of 2% compounded monthly (26.82% per annum) if payment is not received by the due date. Items returned for insufficient funds are subject to a $25 administration charge. Your Service may be suspended if you do not make full payment of your monthly bill as required. We are a postpaid service and extend 30 day payment terms to you for all usage already delivered.

   If payment is not received and your account reaches 60 days past due, we reserve the right to disconnect your service with or without your acknowledgement. Service may remain suspended until the outstanding balance is paid in full.

2. Invoices will be generated within 7 business days from the month end unless you are on an alternative payment schedule. During the Service Term, we will not increase your monthly plan rate or the volume of data included, but we may change other charges, or apply additional charges after giving you thirty (30) days’ notice.
3. Payment options:

You can pay your bill:

• By pre-authorized credit card and bank payments (in which case, we require you to sign the applicable pre-authorized debit/charge form)
• By telephone/online banking (e-transfer) – contact your financial institution, additional bank charges may be applicable
• By wire transfer (fees apply)

C. CONFIDENTIALITY AND PERSONAL INFORMATION

1. Any information you may disclose or make available to us during the term of this Agreement, including information about your business affairs, products, services, confidential intellectual property, third-party confidential information and other sensitive, non-public or proprietary information, data, documents, agreements, files and other materials regarding or concerning and treated as confidential by you (collectively, “Confidential Information”), will be kept confidential by us and only used for the purposes of performing our obligations under this Agreement. We may also disclose Confidential Information (including but not limited to account and usage information) to our subcontractors, dealers, affiliates and Carriers for the purposes of this Agreement.
2. To the extent that we collect, use or disclose any personally identifiable information, we will do so only for the purposes of performing our obligations under this Agreement and in accordance with applicable privacy laws and our privacy policy set out at https://evolutiondata.ca/privacy-policy/ . Any personal information collected, used or disclosed by the Carrier shall be done in accordance with their privacy policy.

D. WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY

1. The Services are provided on an “as is” and “as available” basis. TO THE EXTENT PERMITTED BY LAW, ILEAGUE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (a) REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (B) REPRESENTATION, WARRANTY OR CONDITION AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. You use the service at your own risk.
2. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM Against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, fees and the costs of enforcing any right to indemnification under this Agreement, resulting from your use of the Services and any breach of the Carrier Terms.
3. TO THE EXTENT PERMITTED BY LAW, In no event shall we be liable to you for any loss of profits or business opportunities, loss of data or information, or for any punitive, consequential, incidental or indirect damages, arising out of or in connection with the provision, use or failure of the Services, even if such damages are reasonably foreseen UNLESS SUCH DAMAGES ARE THE DIRECT RESULT OF FRAUD OR WILLFUL MISCONDUCT BY ILEAGUE GROUP INC. EMPLOYEES IN NO EVENT SHALL OUR AGGREGATE, TOTAL LIABILITY FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER CLAIMED IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE SERVICES, OR ANY CUSTOMER DEVICE OR OTHER DEVICES USED WITH THE SERVICES, INCLUDING DAMAGES FOR PHYSICAL INJURY, DEATH OR DAMAGE TO PROPERTY, EXCEED AN AMOUNT EQUAL TO ONE YEAR OF CHARGES PAID BY CUSTOMER, CALCULATED ON THE BASIS OF THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIMS, LESS ANY AMOUNT PAID FOR PREVIOUS CLAIMS.

E. Dispute Resolution

In the event of a dispute between us arising from or relating to the Services or this Agreement, we both agree to use mediation and arbitration. If the business representatives of the parties have not been able to resolve any such dispute, a party must, in order to resolve the dispute, submit the dispute to private and confidential mediation before a single mediator. If the dispute is not resolved after mediation, a party must, in order to resolve the dispute, submit the dispute to private and confidential arbitration before a single arbitrator. Mediation and any arbitration shall take place in the city of Toronto, province of Ontario. Mediation and any arbitration will be held in accordance to the rules of the ADR Institute of Canada, including its rules as to initiation and submission of a dispute to mediation and arbitration, appointment of the mediator and any arbitrator, and responsibility for the fees and expenses arising from or relating to mediation and arbitration. An arbitration decision will be final and binding on the parties, and the parties will have no rights of appeal. The decision may be enforced by court proceedings.

F. GENERAL

1. Notices. Any notice required to be given under this Agreement must be in writing and shall be deemed to have been received on the date given when hand delivered or sent by facsimile, or 72 hours after the notice has been mailed by registered mail, or immediately when sent by email with verification of receipt, to the Customer at its billing address or address set out on the first page, and to iLeague at 420 Bronte St. South unit 217 Milton ON, L9T 0H9.
2. Assignment. You may not assign this Agreement or any part of it without our prior written consent, which may be withheld in our sole discretion. We may assign this Agreement to an affiliate or to a purchaser of all or substantially all of the assets or business of iLeague or as part of a corporate reorganization. We may subcontract all or any part of its rights and obligations under this Agreement or the Services without notice or requirement for your consent. This Agreement shall inure to the benefit of and bind the successors and permitted assigns of the parties.
3. Third Party Beneficiary. The parties acknowledge and agree that the applicable Carrier is a third-party beneficiary under this Agreement.
4. Governing Law: This Agreement shall be subject to and interpreted in accordance with the laws of the Province of Ontario and the federal law of Canada applicable therein, without regard to that province’s choice of law rules. Venue and jurisdiction shall be in Ontario.
5. Entire Agreement. This Agreement and the Carrier Terms are the entire agreement between us, and supersedes all prior agreements, understandings, negotiations and discussions whether oral or written, relating to the Services and the subject matter of this Agreement. Any waiver of any term of this Agreement must be in writing. Any amendment must be in writing and signed by both parties.
6. Severability. If any part of this Agreement is void, prohibited or unenforceable, this Agreement shall be construed as if such part had never been part of the Agreement.
7. Language. The parties acknowledge that they have expressly required that the present contract and all related documents be drafted in the English language. Les parties reconnaissent avoir expressément exigé que le présent contrat et tous les documents connexes soient rédigés en langue anglaise.