Wakey Communications Inc. – Subscriber Agreement

Effective Date: June 6, 2024
Last Updated: March 2, 2026

This Subscriber Agreement (the “Agreement”) governs the relationship between you (the “Subscriber” or “you”) and Wakey Communications Inc., operating as Wakey Internet (“Wakey,” “we,” “our,” or “us”). It incorporates our Terms of Service, Acceptable Use Policy, Privacy Policy, and Schedule of Incidental Fees (SIF) (together, the “Policies”), forming a single legally binding contract.

By activating, accessing, paying for, or using our Services, you confirm that you have read, understood, and agree to all terms set out in this Agreement and the Policies (as updated from time to time).

1. Definitions

• Services – Internet and telecommunications services provided by Wakey.
• Carrier Partner – An incumbent network operator or third-party network provider providing wholesale and/or last-mile infrastructure used to deliver the Services.
• Equipment – Modems, routers, and related hardware required to use the Services, including any Wakey-loaned equipment.
• Personal Information – Information about an identifiable individual, as defined under applicable Canadian privacy laws.
• SIF – Wakey’s Schedule of Incidental Fees, which lists additional charges that may apply.
• Account Holder – The person or legal entity responsible for the account, including billing and authorizations.
• Demarcation Point – The point at which the Carrier Partner’s network and responsibility terminates at the premises (typically the exterior service entry point, network interface device, or first accessible handoff point).

2. Company Structure and Wholesale Access

Wakey Communications Inc. is a federally incorporated Canadian company headquartered in British Columbia, operating in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario.

We provide Services using wholesale network access from incumbent network operators and other third parties (Carrier Partners) under frameworks regulated by the CRTC. Wakey does not own, operate, or control the last-mile physical network to your premises.

Because the Services rely on third-party infrastructure and regulated wholesale arrangements:

• Service qualification, installation, provisioning, maintenance, and repair timelines may be impacted by Carrier Partner processes, capacity, outages, vendor maintenance windows, and scheduling.
• Carrier Partner operational, technical, commercial, or policy changes may affect service availability, features, performance, dispatch outcomes, and/or pricing.
• Wakey is not responsible for Carrier Partner decisions outside Wakey’s reasonable control, including technician availability, third-party contractor actions, and vendor maintenance or upgrade schedules.

2.1 Shared Infrastructure & Capacity

Services may be delivered over shared infrastructure used by multiple retail and wholesale providers. Utilization levels and performance may vary based on shared network conditions. Wakey does not control Carrier Partner node segmentation, capacity augmentation, infrastructure expansion, or upgrade timelines.

2.2 No Incumbent Parity Guarantee

Wakey operates under regulated wholesale access frameworks and does not guarantee feature parity, provisioning timelines, firmware availability, priority dispatch, or performance equivalence with services sold directly by Carrier Partners to their retail customers or by other providers.

2.3 Competitive Service Comparisons

Wakey does not warrant that the Services will perform identically to services offered by other providers at the same address. Differences in routing, provisioning profiles, traffic management policies, hardware models, firmware versions, node segmentation, peering arrangements, Carrier Partner configurations, or third-party network conditions may result in performance variations. Comparative marketing statements, perceived performance differences, or service experiences with other providers do not constitute a service deficiency or breach of this Agreement.

3. Service Activation & Installation

• Serviceability – All orders are subject to final service qualification. An address initially deemed serviceable may later be determined unserviceable by Wakey or a Carrier Partner.
• Timeline – Typical activation occurs within 2–3 business days, but may be delayed due to Carrier Partner scheduling, inventory constraints, infrastructure limitations, vendor maintenance windows, holidays, force majeure, or other factors.
• Technician Access – You must provide safe, unobstructed access for any required technician visits. Technicians are dispatched and scheduled solely by Carrier Partners and/or their contractors.
• Inside Wiring & Site Conditions – You are responsible for your premises, including inside wiring, internal networking, power, and safe access. Service issues caused by inside wiring, electrical problems, internal networking configuration, or site conditions are not Wakey’s responsibility.
• Multiple Visits – Some activations or repairs may require multiple visits. Wakey is not liable for delays or costs associated with repeat appointments, Carrier Partner rescheduling, or third-party technician availability.
• Liability Waiver – To the maximum extent permitted by law, you release Wakey and Carrier Partners from liability for damages, delays, or losses arising from activation or installation activities, except to the extent caused by Wakey’s gross negligence or wilful misconduct.

3.1 Demarcation Point (Scope of Responsibility)

Wakey’s and its Carrier Partners’ responsibility for service delivery extends only to the Demarcation Point. Wakey does not warrant or guarantee performance beyond the Demarcation Point, including internal wiring, Wi-Fi coverage, customer-owned equipment, device performance, or internal network configuration.

3.2 Third-Party Technician Limitations & Customer Self-Installation

Carrier Partner and third-party technicians are responsible primarily for establishing and confirming connectivity to the Demarcation Point. Third-party technicians are generally not authorized to configure, install, modify, or troubleshoot Wakey-supplied equipment, or to configure customer-owned routers and internal networks.

Accordingly, the Subscriber acknowledges and agrees that a “plug and play” experience may require the Subscriber’s assistance and/or Wakey’s remote guidance (where available). This typically includes (without limitation):

• Powering on the modem
• Connecting a coaxial cable to the wall outlet
• Connecting power and Ethernet cables
• Waiting for modem synchronization/registration
• Configuring a wireless network name (SSID) and password
• Repeating similar steps using a Wakey-provided router or your own router/mesh system

Wakey may provide general setup instructions and remote guidance where feasible; however, Wakey does not guarantee that third-party technicians will assist with internal setup beyond the Demarcation Point. Where signal is successfully delivered to the Demarcation Point, inability or delay in completing internal setup does not constitute a service failure by Wakey.

3.3 Equipment Loan Terms

Unless explicitly sold to the Subscriber in writing, all Wakey-supplied equipment is provided on a loan basis. Title and ownership of Wakey-supplied equipment remains with Wakey Communications Inc. Equipment must be returned upon cancellation or upon request, in accordance with the SIF. Failure to return equipment may result in non-return fees as set out in the SIF.

4. Speeds & Performance

• All speeds are maximum theoretical rates (“up to” speeds) as provisioned by Carrier Partners and may vary due to wiring, Wi-Fi, congestion, device limitations, signal conditions, latency, routing, upstream network issues, vendor maintenance windows, and other factors.
• No Guaranteed Speeds – Wakey does not guarantee minimum throughput, specific latency, uninterrupted connectivity, always-on service, or error-free transmission, except as required by law.
• Demarcation Point Limitation – Performance beyond the Demarcation Point may be impacted by internal wiring, Wi-Fi environment, building materials, devices, and customer equipment, which are outside Wakey’s control.
• Wakey does not guarantee uninterrupted, error-free, or always-on Service. Maintenance windows and outages may occur.
• Wakey and/or Carrier Partners may apply reasonable network management practices consistent with applicable law to ensure network security, stability, and equitable access.

4.1 Internet Routing, Peering & Third-Party Networks

Wakey is not responsible for performance, latency, congestion, or outages occurring on third-party networks beyond Wakey’s upstream transit providers or Carrier Partners. Internet performance may vary based on peering arrangements, content delivery networks (CDNs), geographic routing, and third-party network conditions.

4.2 No Implied Service Level Agreement (SLA) / No Business Continuity Guarantee

Unless expressly agreed in a separate written agreement signed by Wakey, no service level agreement (SLA) applies to residential or standard business services. The Services are not guaranteed for mission-critical, life-support, public safety, medical, emergency, remote employment, or business continuity purposes. Wakey is not liable for lost wages, lost revenue, business interruption, missed meetings, or consequential losses arising from service interruptions.

5. Pricing, Billing, Fees & Payments

5.1 Prepaid Model – Payment must be received before activation or renewal, unless otherwise stated in writing.

5.2 Activation Fee – A $49 activation fee applies unless waived in writing; if you cancel within 180 days, waived fees may be charged retroactively.

5.3 Security Deposit – A deposit may be required. Deposits are refundable upon return of Wakey equipment in good condition within 14 days of cancellation, subject to any outstanding balances and reasonable deductions for damage, missing items, or non-return.

5.4 Schedule of Incidental Fees (SIF) – All additional service charges, including but not limited to missed appointments, relocations, unreturned equipment, late payments, service suspension/reactivation, service reactivation, address changes, and administrative fees, are listed in Wakey’s Schedule of Incidental Fees. The SIF is incorporated by reference into this Agreement and may be updated from time to time with notice.

5.5 Overdue Balances – Unpaid balances accrue interest at 22% annually (1.83% monthly) and may be referred to collections. You are responsible for all reasonable recovery costs, including legal fees and collection agency charges, where permitted by law.

5.6 Accidental Unbilled Services – If any service, fee, or charge is inadvertently unbilled, Wakey reserves the right to bill retroactively for up to 12 months after the original service date, subject to applicable law.

5.7 Chargebacks – Any credit card chargeback deemed invalid by Wakey or its payment processor may result in reinstatement of the charge plus a $45 administration fee. Service may be suspended until the balance is paid in full.

5.8 Ownership of Equipment – All Wakey-supplied equipment remains Wakey’s property. You must return equipment on cancellation or upon request. Failure to return equipment may result in non-return fees as set out in the SIF. Wakey may require all outstanding balances to be paid before an account is considered closed in good standing.

5.9 Price Changes, Promotions & Plan Modifications

Wakey may, from time to time, adjust monthly service rates, fees, promotions, and/or plan features due to factors including (without limitation) changes in wholesale costs, Carrier Partner pricing or policies, regulatory requirements, network upgrades, inflationary pressures, vendor or supplier cost changes, or market conditions. Wakey does not guarantee price stability for the lifetime of any service unless explicitly stated in writing.

Any material change to the recurring monthly price of an active service will be communicated with a minimum of thirty (30) days’ advance notice, unless otherwise permitted or required by law. Notice may be provided by email to the Account Holder, via the Wakey account portal, on invoices/billing statements, or via website/service advisories. You are responsible for ensuring your contact information is accurate and up to date.

Unless otherwise stated, price changes apply prospectively and do not affect charges already billed or paid. Continued use of the Services after the effective date of a change constitutes acceptance of the updated pricing, features, and/or terms, to the extent permitted by law.

Wakey’s pricing, notification practices, and billing policies are consistent with those commonly used by independent and national Internet service providers operating in Canada’s wholesale and retail telecommunications markets. Wakey does not guarantee “grandfathered” pricing or fixed-rate plans unless explicitly confirmed in writing.

5.10 Network Restrictions / Throttling for Non-Payment

Subject to applicable law and Wakey’s Policies, if your account is overdue, Wakey may apply network restrictions, including reducing (throttling) Internet speeds to lower service tiers and/or limiting connectivity, until all overdue amounts (including applicable fees) are paid in full. Any such restrictions are administrative and do not waive your obligation to pay all outstanding charges.

5.11 Suspension for Non-Payment (7 Days Overdue)

Accounts unpaid seven (7) days past the invoice due date may be suspended and will be subject to a service suspension and/or reactivation fee, as outlined in the SIF. Suspension does not relieve the Subscriber of payment obligations.

5.12 Cancellation for Non-Payment (14 Days Overdue)

Accounts unpaid fourteen (14) days past the invoice due date may be cancelled for non-payment. Cancellation may result in deactivation of provisioning with Carrier Partners. Payment in full (including applicable fees) may be required prior to reinstatement, subject to the SIF and applicable law. Cancellation for non-payment does not waive Wakey’s right to collect outstanding balances.

5.13 Collections (45 Days Overdue)

Accounts with balances outstanding beyond forty-five (45) days may be referred to a third-party collections agency, including but not limited to Kingston Data and Credit (or successor agency). Where permitted by law, collection fees and administrative costs may be added to the outstanding balance. Wakey may also report delinquencies and collection activity to credit reporting agencies in accordance with applicable Canadian law.

6. Cancellations & Refunds

• No Refunds – Prepaid services are generally non-refundable after activation, except where required by law or expressly stated in writing.
• Non-Serviceable Addresses – A full refund may be issued if Wakey or a Carrier Partner determines service is unavailable during provisioning, subject to verification and any non-refundable third-party costs where permitted by law.
• Early Cancellations – Waived activation fees may be charged retroactively if cancelled within 180 days.
• Disagreement With Changes – If you do not agree with a material price or service change, you may cancel the affected service prior to the effective date without penalty, subject to payment of all outstanding charges incurred prior to cancellation, to the extent permitted by law.

7. Acceptable Use Policy

• You agree to comply with Canadian law, CRTC requirements, and Wakey’s Acceptable Use Policy.
• Prohibited activities include (without limitation) spam, phishing, malware, illegal content hosting, network abuse, circumventing security, unauthorized access, interference with other users, and reselling Service without Wakey’s written approval.
• Wakey may monitor traffic patterns and service usage for security, fraud prevention, network integrity, and policy enforcement, in compliance with applicable privacy laws.
• Wakey may suspend, restrict, throttle, or terminate Service (including without refund where permitted) for violations, to protect the network, comply with law, enforce Policies, or prevent harm.

8. Privacy & Data Handling

8.1 Commitment – We respect your privacy and protect your personal information in accordance with Canadian privacy laws.

8.2 Information We Collect – Personal information, service usage data, payment/billing data, support communications, and cookies/technical identifiers.

8.3 How We Use Information – To provide, manage, secure, and improve Services; process billing; deliver support; send notices; prevent fraud; and comply with legal requirements.

8.4 Data Sharing – With Carrier Partners, contractors, vendors, and technology providers (which may include AI-assisted platforms such as OpenAI) for service delivery, fraud prevention, security, and support, consistent with applicable privacy laws and contractual safeguards.

8.5 Retention – Retained only as long as necessary for the purposes identified or as required by law.

8.6 International Transfers – Processing or storage may occur outside Canada. Where international transfers occur, Wakey will take reasonable steps to maintain appropriate safeguards.

9. Copyright & Regulatory Compliance

• We comply with Canada’s copyright notice-forwarding regime and will forward valid notices from copyright holders to the associated subscriber.
• Wakey is not responsible for the content of notices forwarded on behalf of rights holders.
• We will comply with lawful intercept orders and other regulatory requirements.

10. Limitation of Liability

• Services are provided “as is” and “as available”, without warranties or conditions of any kind, except as required by law.
• To the maximum extent permitted by law, Wakey will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of income, loss of profits, loss of data, loss of goodwill, missed work, or business interruption.
• Performance issues, outages, delays, missed appointments, vendor maintenance windows, and service outcomes caused by Carrier Partners, third-party technicians/contractors, or third parties are outside Wakey’s liability to the maximum extent permitted by law.
• To the maximum extent permitted by law, Wakey’s total aggregate liability for any claim relating to the Services will not exceed the amount paid by you for the affected service in the 30 days immediately preceding the event giving rise to the claim.

10.1 No Personal Liability of Employees, Officers, Contractors or Agents

To the maximum extent permitted by law, you agree that no director, officer, employee, contractor, technician, agent, or representative of Wakey (or its Carrier Partners, suppliers, or contractors) shall be personally liable for any claim, loss, damage, dispute, or alleged service deficiency arising from or related to the Services, Equipment, installation, maintenance, billing, support interactions, or any act or omission connected with this Agreement.

Any claim must be brought solely against Wakey Communications Inc., and only subject to the limitations of liability set out in this Agreement.

11. Indemnity

You agree to indemnify and hold harmless Wakey, its affiliates, directors, officers, employees, agents, Carrier Partners, and contractors from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your breach of this Agreement or any Policy; (c) your violation of law; (d) misuse of Equipment; or (e) content or activity associated with your account or connection.

12. Dispute Resolution

• To the extent permitted by law, disputes will be resolved through binding arbitration in British Columbia, unless prohibited by applicable consumer protection legislation.
• You waive the right to participate in class actions or representative proceedings to the extent permitted by law.

13. Force Majeure

Wakey is not responsible for any delay or failure to perform due to events beyond our reasonable control, including natural disasters, severe weather, cyberattacks, network outages, Carrier Partner failures, vendor maintenance, regulatory changes, labour disputes, supply chain disruptions, government orders, power failures, or other unforeseen events.

14. Amendments & Updates

Wakey may update this Agreement and the Policies from time to time. Updated versions will be posted on our website and/or made available via the customer portal, and will take effect on the stated effective date. Where required by law, Wakey will provide advance notice of material changes.

15. Non-Waiver of Rights

Failure by Wakey to enforce any provision of this Agreement immediately does not waive its right to enforce that provision in the future.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

17. Survival

Sections relating to billing and payment obligations, fees, throttling/restriction rights, equipment return obligations, indemnity, limitation of liability, dispute resolution, privacy, and any other provisions that by their nature should survive, will survive termination or cancellation of Services.

18. Contact Us

Wakey Communications Inc. (“Wakey Internet”)
Email: [email protected]
Website: wakeyinternet.ca