Terms of Service
The following Terms of Service (hereinafter “Terms”) apply to the provision of communication services (the “Services”) by Tel-e Connect Systems Ltd. (“TCS”) to its Customers (“you” or the “Customer”). All of the Terms bind both TCS and the Customer and are subject to change from time to time.
TYPE OF SERVICES: The Terms contained herein apply to all the Services for which the Customer may subscribe from TCS including Voice over IP (“VoIP”), data, connectivity, features, Software, hardware, long distance, and any and all related telecommunications products as TCS may provide from time-to-time. The Customer shall use the Services provided herein in compliance with all applicable local, municipal, provincial, federal or foreign laws and regulatory requirements, including decisions, orders, tariffs and rules of the Canadian Radio-television and Telecommunication Commission (“CRTC”) (collectively “Applicable Law”) and the Terms.
CHARGES, BILLING AND PAYMENT: The Customer shall pay the charges for use of Services billed to the Customer’s account, regardless of who used the Services, the location of the person whose use of the Services resulted in such charges, or the method used to access the Services, and for all goods and services, federal regulatory fees and 9-1-1 fees, sales and other taxes applicable to the use of the Services. The Customer is responsible for access to and the security of the Customer’s telephones and telecommunications systems. NSF and all refused payments shall incur a $50 administrative fee per occurrence. Credit card charge-backs will incur a $50 administration fee. TCS reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Your rates may be different based on your package. Customer shall be responsible for all charges associated with the Services and TCS shall assume no responsibility or liability whatsoever for misuse, fraud, theft or otherwise.
Charges for the Service(s) will commence on the activation date. The Customer must pay for all charges by completing the Credit Card Billing Authorization form. The Customer must bring payment inquiries and disputes to TCS’s attention within 10 calendar days of receipt of the invoice or the Customer will be deemed to have accepted such charges as accurate in all respects. All invoices are due upon receipt. All invoiced amounts not paid in full within fifteen (15) days after the date of invoice will be considered past due and subject to a late payment charge at the lesser rate of 2% per month (24% per annum). Customer shall ensure that billing information provided to TCS is accurate and agrees to notify TCS within 5 calendar days of any changes to billing information.
TCS will apply an administration fee to Customer requested feature and/or service moves, adds or changes during the term of the contract. The fee may include a labour charge and shall be identified to the Customer prior to the work being initiated. Charges will appear on a subsequent invoice.
CREDIT AND SECURITY DEPOSITS: By entering into this Agreement you consent to TCS performing credit checks on you and obtaining, maintaining and using information about your credit history before activating the Services and anytime during the term. A security deposit may be required by TCS to activate Services or to sustain them if Services have already been activated. Customer authorizes TCS to investigate the Customer’s credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agrees from time to time, to provide appropriate authorizations and financial information as TCS may reasonably request for this purpose. All deposits or other prepayments made by the Customer in connection with the Services will earn no interest.
AGREEMENT TERM: The term of this Agreement commences upon the activation date of the Services. The term is identified on the front page herein and continues for a minimum of three (3) years and will be automatically renewed for successive one-year terms unless TCS or the Customer provides written notice to the other at least 30 days prior to the expiry of the term that it does not wish to renew.
In the event the Customer terminates this Agreement prior to the end of three (3) years, a cancellation fee (“Cancellation Fee”) shall apply. The Cancellation Fee shall be equal to one hundred (100%) of the unused portion of the term up to a maximum of three (3) years (36 months) from the date of Service activation. In the event the Customer terminates this Agreement prior to the end of the term but after three (3) years, a Cancellation Fee will not apply.
TCS’S RIGHT TO REFUSE TO PROVIDE SERVICES: TCS has the right to refuse to provide Services in the following circumstances:
(a) the Customer owes amounts to TCS that are past due;
(b) the Customer does not provide a security deposit or satisfy alternate security measures when requested by TCS; or
(c) the Customer uses the Services which in the opinion of TCS is unreasonable or injurious to the goodwill of TCS, or has the potential to negatively impact other TCS Customers or the TCS network.
SERVICES INTERRUPTION: (a) TCS may restrict, interrupt or modify the Services to the Customer at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons. (b) The Customer acknowledges that VoIP requires high-speed data connectivity. Poor or lack of connectivity, power failure, VoIP blocking, computer viruses and the like (“Connectivity Issues”) will cause Service interruption and/or failure of the service to function. It is the Customer’s responsibility to remedy all Connectivity Issues. (c) TCS is not liable for: (i) any disruption or unavailability of the Services; (ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services); (iii) the Customer’s conduct, acts or omissions, or the operation or failure of the Customer’s equipment or facilities; (iv) any event beyond the reasonable control of TCS including acts of God, inclement weather including lightning, flooding , labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and (v) its failure, for any reason, to activate the Services on the activation date Customer requested (vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of TCS service.
The Customer agrees to indemnify and hold harmless TCS against all claims, including all fees and expenses, resulting from the Customer’s use (or the use by others with the Customer’s explicit or implicit consent) of the Services, the Customer’s codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.
SUSPENSION OR TERMINATION OF SERVICES BY TCS: (a) Without incurring any liability whatsoever, TCS may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Customer: (i) fails to pay an account that is past due, or Customer provides payment by cheque or credit card which is not honoured by Customer’s bank; (ii) fails to provide interim payments when requested by TCS; (iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by TCS; (iv) fails to meet TCS’s credit requirements, or becomes bankrupt or otherwise insolvent; (v) fails to comply with the terms of a deferred payment or credit agreement with TCS; (vi) violates any provision of these Terms; (vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls; (viii) charges or allows others to charge any other person for the use of the Services without TCS’s prior written agreement; (ix) harasses, threatens or otherwise acts unreasonably towards TCS, its employees or agents, in relation to the Services; (x) alters or otherwise interferes with TCS’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or TCS’s equipment, facilities or network; or (xi) uses or permits others to use the Services for resale; (xii) abuses the network with excessive usage as may be determined in the sole discretion of TCS. (b) A suspension or termination will not affect the Customer’s obligation to pay any amounts owed to TCS either during or after the suspension or termination. If termination occurs during a contract period, the Customer will be charged for all usage plus the contract obligations. Should reactivation of services be required, TCS will levy a reconnection fee. (c) Where the Services are cancelled, either by the Customer or by TCS as provided herein, and there is an undisputed credit balance on the Customer’s account, the Customer may require that it be refunded to the Customer and TCS reserves the right to charge a reasonable processing fee in connection with issuing refunds.
CUSTOMER’S RIGHT TO TERMINATE SERVICES AND CANCELLATION FEES: (a) The Customer must notify TCS in writing and allow TCS reasonable time to diagnose and correct any problems that have been reported. If the problem cannot be corrected within thirty (30) days of the initial report by the Customer, the Customer may elect to terminate its Agreement without penalty or liability providing TCS with written notice of its intent to cancel. Where TCS has determined that the problem is not the fault of TCS but rather with the Customer, its equipment, Internet, phone lines, connectivity and the like, then Cancellation Fees, if applicable, shall apply.
TELEPHONE NUMBER PORTABILITY: You agree throughout the term of the Agreement, and provide TCS with express consent herein to transfer your phone number: (a) to TCS’s preferred carrier partners and vendors as may be required from time-to-time without further consent by you; or (b) from TCS to an alternate carrier of your choice upon request by you.
INTERNATIONAL BOUNDARIES & RATE VARIATIONS: International calls are subject to prevailing international rates. Rates will vary.
LIMITATIONS OF SERVICE: TCS VoIP Services do not support access to an operator (0), 900/976, 311, 611, or collect calls and do not include copies of the white or yellow pages.
MANAGED VOICE SERVICES: Where TCS provides the Customer with a managed voice service, it does so based on information provided by the Customer to ensure the capacity for and the quality of the voice service. TCS managed voice may include the switch, router and TCS supplied voice access at a specific Customer premises for the purpose of providing a predictable and manageable hosted PBX environment. Desktop phones supplied by TCS will be included in the managed service as long as they are used from the same service location and on the same LAN as a TCS managed voice access. managed PBX service includes a TCS provided voice access.
ACCESS SERVICE AVAILABILITY: The Customer acknowledges that the phone number or address check(s) for preliminary service availability, only determines if service is available in a geographic area. Due to the nature of the service technology, TCS reserves the right to deem internet service unavailable to the Customer up to, including and after the installation. TCS assumes no responsibility for any claims, damages or losses relating to the unavailability of DSL service in the Customer’s geographical area, even when such determination occurs after installation of the service.
ACCESS SERVICE DESCRIPTIONS: The following is a general description of the features of the TCS business internet service, including; (a) a high speed connection, speed dependent on the service chosen. Speed is always expressed as the potential maximum in one direction and is not a guarantee that the speed will be available. (b) an included dynamic IP address and any static IP address(es) purchased by the Customer (c) a modem/router which will always remain the property of TCS, even when a rental fee is charged for the use of the modem/router
CUSTOMER CONFIDENTIALITY AND PRIVACY: TCS retains all rights to the information collected about you. Your information is confidential and used to improve the Services we offer you. Unless required to provide the Services to the Customer Customer information is not shared with third parties.
PRICE CHANGES: TCS reserves the right to change prices for any and all Services upon the provision of thirty (30) days’ notice. The Customer may terminate this Agreement without penalty by delivering written notice of termination no later than thirty (30) days of receiving such notice.
REASONABLE USE OF SERVICE: The use of outbound auto dialers or predictive dialing software is NOT permitted unless specifically approved by TCS in writing.
SERVICE OBLIGATIONS: TCS’s obligations under this Agreement do not extend to any relocation, maintenance, repair, rearrangement, alteration or adjustment which becomes necessary due to, resulting from or in any way related to, damage, misuse or failure on the part of the Customer. The Customer acknowledges that TCS may charge the Customer for any work that is performed to correct issues beyond TCS’s reasonable care and outside of TCS’s control.
INTERNET ACCEPTABLE USE POLICY (AUP): Customer Internet use is also governed by the TCS AUP. For complete details on our policies see www.tcscanada.com .
EQUIPMENT: Some TCS Services require equipment to be delivered from TCS to the Customer for use with the Service. The following terms apply to Equipment use and returns: (a) All equipment provided by TCS for the purpose of providing the Services under this Agreement shall at all times remain the property of TCS and must be returned in resalable condition to TCS upon termination of this Agreement or demand by TCS. (b) Unless specifically approved by TCS in writing, all installation of the equipment shall be done by TCS or its contractors and Customer must provide reasonable access during business hours to install and service as may be required from time-to-time. (c) The Customer shall be responsible to TCS for loss or damage to all equipment in their care and control. TCS requires that the Customer use surge protection equipment to protect against damage from power surges. TCS may provide such equipment to the Customer as part of the initial installation; however such device does not constitute Equipment as defined here. Should it need to be replaced it will be the Customer’s responsibility. (d) All in-building cabling must be provided by the Customer to TCS specifications. (e) All equipment that must be returned to TCS for any reason must be at the Customer’s expense. TCS will not accept collect packages or pay to have packages picked up. All returned equipment must be returned in resalable condition. For Equipment returned in less than resalable condition, Customer will be charged for refurbishing or replacement as determined by TCS. (f) Equipment Warranty: The Equipment provided as part of the Services provided hereunder is under warranty throughout the term of this Agreement unless the equipment is damaged in which case an equipment replacement charge and labour charge (at prevailing rates) will apply. (g) Cancellation: Upon cancellation of TCS Services, the Customer is responsible at his own expense for the safe return of the equipment to TCS in resalable condition at the address indicated by TCS representatives.
TELEPHONE NUMBERS: If you transfer your existing phone number to TCS from another telephone provider it is possible that your service will be interrupted in certain circumstances while the transfer is in process. TCS will absorb the cost of the Local Number Portability (LNP) for one main number per billing address when you switch to TCS. You will incur an administration fee of $50 per number to transfer to an alternate phone company.
SECURITY SYSTEMS: VoIP may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to monitor your premises. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with any TCS Service.
FAX MACHINES: VoIP can work with most fax machines, however due to various machine configurations, Internet connectivity, bandwidth fluctuations; faxing using your fax machine and TCS VoIP Services may operate inconsistently and TCS assumes no liability whatsoever and provides no guarantee that faxing will work.
CUSTOMER RESPONSIBILITIES RE: EQUIPMENT: Where TCS provides equipment as part of the service, the Customer understands that they are responsible for the reasonable care and safe keeping of all TCS equipment and also agrees that: (a) Customer is responsible for providing a location that provides adequate space for the access router and Ethernet switches – a rack or shelves for equipment up to 46cm X 6.25cm X 60com in a location with adequate ventilation and or cooling to avoid over-heating. (b) Customer will provide a standard 15 Amp receptacle to power the access router, Ethernet switches and modems. A UPS is strongly recommended. (c) Customer is responsible for physical security to restrict access to the equipment and prevent outages caused by tampering or theft. (d) The Customer is required to provide direct Category 5 and/or Category 6 cabling from the Ethernet switch location to each location requiring an IP phone, not to exceed 300 feet. (e) Customer agrees not to re-arrange, disconnect, remove, re-configure any Equipment, including passwords except by prior written agreement with TCS.
(f) Customer agrees to provide TCS and its agents access to its premises, including power and support, at TCS’s reasonable request to make installations, service, inspection, tests, and adjustments as are necessary for the provision of the Services and in order for TCS to repossess or remove any and all equipment or facilities it has provided for the provision of the services.
CUSTOMER RESPONSIBILITIES RE: SERVICES: (a) You agree that you will use the Services only for lawful purposes. You acknowledge that TCS may terminate Service immediately, without any notice and without any liability to you whatsoever, if, at the sole and unfettered discretion of TCS, you or any other user of the Services provided to you misuses or permits others to misuse or abuse any Service for purposes that are contrary to law or contrary to these Terms, or in order to preserve the integrity of TCS’s network, or to comply with any Applicable Law. (b) You acknowledge and agree that you shall be liable for any and all use of the Services associated with your account or your telephone number, and you remain solely responsible for all use of Service ordered or billed to your telephone number(s), including any unauthorized use, and for determining who is authorized to use the services in your place, and for promptly notifying TCS of any unauthorized use. You agree to indemnify and hold harmless TCS against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use. (c) The Customer acknowledges that the CRTC has imposed restrictions on the use of telecommunications facilities for unsolicited telecommunications, including the establishment of a national “Do Not Call List”. The Customer recognizes that they are solely responsible for ensuring compliance with these and future restrictions imposed by the CRTC. The Customer acknowledges that he/she is the person authorized to subscribe for the Services and bind the corporation or entity listed herein. The Services may only be used by the Customer and all persons having the Customer’s permission to use the Services. (d) In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the services (except as mandated by the CRTC in respect to telephone number porting where available). TCS will notify you if it decides to change or re-assign any telephone number assigned to you.
LIMITATION OF LIABILITY: Customers are strongly advised to carefully review this section with respect to TCS’s limitations of liability. (a) The parties agree that TCS shall in no event be liable to you or any other person for any indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profits of any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provision of Service or in any way arising out of these Terms and any related agreements, whether in an action arising out of breach of contract, breach of warranty, delay, negligence, strict tort liability, patent or intellectual property matters or any other legal or equitable theory. However, in the event a court of competent jurisdiction finds TCS liable, your exclusive remedy and TCS’s sole liability for damages to you for any cause whatsoever regardless of form of action, including negligence, shall be for direct damages only and, except in the case of death, bodily injury and physical damage to property, wholly caused by TCS’s negligence, shall not exceed an amount equivalent to the ordinary price of the relevant service purchased for one (1) month (to be determined as an average of billings in respect of such service over the closest previous three months in which there were no such problems or defects in the service). No action or proceeding against TCS may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms.
(b) Without limiting the generality of the foregoing, TCS is not liable to you, any other user or other person for damages resulting from:
- any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
- a user’s conduct, acts or omissions, or the operation or failure of your equipment or facilities;
- any event beyond the reasonable control of TCS including acts of God, inclement weather including but not limited to lightning, floods, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
- TCS’s failure, for any reason, to activate or have readily available service on the activation or usage date requested by or conveyed to or by you;
- service interruptions, delays in communications, errors or defects in transmissions, or failures or defects in TCS services or facilities; or
any corrupted data, files or viruses which affect you or the TCS high speed internet service. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network of TCS or its suppliers as a result of your failure to properly secure your system may result in the immediate cancellation of your TCS high speed internet service.
EMERGENCY SERVICES: VOIP AND 911 SERVICE: (a) Description: VoIP services allow Customers 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. (b) 9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP 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. (c) Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP 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. Due to the limitations of the VoIP telephone services, your 9-1-1 call will be routed to a different location than that which would be used for traditional 9-1-1 dialing. Your call will be answered by 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 automatically generates your address information, and consequently, you should be prepared to provide your name, address, and telephone number to the call centre. Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services. (d) How your information is provided: The VoIP service will attempt to automatically provide the 9-1-1 operator with the name, address and telephone number associated with your account. However, for technical reasons, the 9-1-1 operator 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 9-1-1 operator 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. (e) Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, 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. You may update your contact information through TCS’s website and must allow 3-4 business days for this information to be updated. (f) 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 dial 9-1-1 again immediately. (g) 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. (h) 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 VoIP service is not functioning correctly for any reason, including power outages,
- VoIP 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 VoIP 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 TCS.
(j) Customer Responsibilities: You agree a) to ensure your contact and address information on file with TCS is always accurate and kept up to date by visiting location details update and clicking on • and following the instructions or contacting TCS customer service at 416-635-1234.; b) to notify any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein; and, c) to display the current address and telephone number in a manner that will enable any user or potential users of your VoIP services to communicate the information during a 9-1-1 call.
GENERAL TERMS: (a) Enurement/Assignment: These Terms are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Customer shall not assign or transfer its rights or obligations under these Terms without the prior written consent of TCS. (b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail or electronic mail to the last address provided by the Customer.
(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms. (d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province.
(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all previous discussions, negotiations and agreements. (f) French: The Customer confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.