TalkBroadband - TERMS AND CONDITIONS
PRIMUS TELECOMMUNICATIONS CANADA INC. ("PRIMUS")
RESIDENTIAL BROADBAND VOICE SERVICE (TALKBROADBAND)
TERMS AND CONDITIONS
1. 1. General. For the purposes of these Terms and Conditions and related agreements, "You" Your includes an applicant/person/customer and the user of this
Service. The term Service means PRIMUS Broadband Voice Service. Equipment means the equipment provided to You by PRIMUS for the purposes of providing You with the Service (Equipment). BY ACTIVATING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS AND THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. THE TERMS AND CONDITIONS MAY BE CHANGED AND UPDATED FROM TIME TO TIME BY PRIMUS CANADA. PRIMUS CANADA WILL POST UPDATED TERMS AND CONDITIONS ON ITS WEBSITE AVAILABLE AT www.primustel.ca OR GIVE YOU NOTICE OF ANY CHANGES BY LETTER OR IN YOUR MONTHLY BILL. YOUR CONTINUED USE OF THE SERVICES THEREAFTER WILL BE DEEMED ACCEPTANCE BY YOU OF SUCH CHANGES. PLEASE KEEP CHECKING OUR WEB SITE FOR THE LATEST TERMS AND CONDITIONS.
2. Term and Termination. Service is offered on a month-to-month basis, for a term which begins on the date that PRIMUS activates your Service and ends on the day before the same date in the following month. Any subsequent terms renew automatically on a monthly basis unless You give PRIMUS written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given.
3. Residential Use Only. The Service and Equipment are provided to You as a residential user, for Your personal, residential, non-business and non-professional use. You agree not to resell or transfer the Service (or the Equipment, if You have not purchased the Equipment) to any other person for any purpose, or make any charge for the use of the Service, without prior written permission from PRIMUS. You agree that Your use of the Service for commercial purposes, will obligate you to pay PRIMUS' higher rates for commercial services. PRIMUS reserves the right to immediately terminate or modify the Service, if PRIMUS determines, in its sole discretion, that Your Service is being used for non-residential or commercial use.
4. Use of Service. You agree to use the Service and Equipment only for lawful purposes. PRIMUS reserves the right to terminate the Service immediately and without advance notice if PRIMUS, in its sole discretion, believes that You have violated this clause, leaving You responsible for the full month's charges to the end of the current term, including all unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Equipment provided to You and agree to indemnify and hold harmless PRIMUS against any and all liability for any such use that does not to comply with this Section.
5. Equipment.
a) You agree not to change the electronic serial number or equipment identifier of the Equipment, without express permission from PRIMUS. PRIMUS reserves the right to terminate your Service should you tamper with the Equipment, leaving you responsible for the full month's charges to the end of the current term, including all unbilled charges, all of which immediately become due and payable.
b) Unless You have purchased the Equipment, You agree that the Equipment will at all times remain the property of PRIMUS, and that You have no right, title or interest therein. In the event Services are terminated and You have not purchased the Equipment from PRIMUS, You must return the Equipment to PRIMUS within thirty (30) days of termination date otherwise You authorize PRIMUS to charge the value amount of the Equipment to Your account and You will be responsible for such payment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in PRIMUS sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in PRIMUS sole discretion, the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by PRIMUS.
c) You acknowledge that performing a reset of the Equipment without permission from PRIMUS may cause Service malfunction and any damage to the Equipment caused by such malfunction will be the responsibility of the Customer. Where the Equipment is owned by PRIMUS, You will be responsible for charges for damage to the Equipment.
6. Fraud. You agree to notify PRIMUS immediately, in writing or by calling the PRIMUS customer support at 1-877-236-5085, if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you notify us, you must provide your account number and a detailed description of the circumstances of the Equipment theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Equipment stolen from you and any and all stolen Service or fraudulent use of the Service.
7. Unlimited Long Distance. Unlimited Long Distance calling offer applies to Residential TALKBROADBAND customers only and is for residential intermittent voice traffic only. Excludes calls to area code 867 in Northwest & Yukon Territories, and calls to Alaska & Hawaii. Does not apply to transferred or forwarded (including calls made via Remote Phone feature) long distance calls.
8. SERVICE LIMITATIONS:
a) NOT A TELEPHONE SERVICE. You acknowledge and understand that the Service is not a telephone service. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by PRIMUS as set out in these Terms and Conditions.
b) 9-1-1 SERVICE. 9-1-1 SERVICE IS AVAILABLE IN THE EXCHANGES AS POSTED ON THE PRIMUS WEBSITE AT www.primustel.ca. 9-1-1 SERVICE IS AVAILABLE TO YOU ONLY IF THE MUNICIPAL ADDRESS (YOUR MUNICIPAL ADDRESS) WHERE YOU OPERATE YOUR TALKBROADBAND SERVICE IS LOCATED WITHIN THE BOUNDARIES OF THE EXCHANGE ASSOCIATED TO YOUR TALKBROADBAND TELEPHONE NUMBER AND YOU HAVE REGISTERED YOUR MUNICIPAL ADDRESS WITH PRIMUS.
SHOULD YOU CHOOSE TO OPERATE YOUR SERVICE OUTSIDE OF YOUR MUNICIPAL ADDRESS AS REGISTERED WITH PRIMUS EITHER TEMPORARILY OR PERMANENTLY, 9-1-1 SERVICE WILL NOT OPERATE PROPERLY AND MAY NOT BE ABLE TO ASSIST YOU.
YOU ACKNOWLEDGE AND AGREE THAT PRIMUS ITS AFFILIATES, DIRECTORS, 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 TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PRIMUS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.
c) Collect Call and Operators Services Currently Not an Option. PRIMUS does not currently offer collect call or operator services via this Service.
d) Broadband Service Outage. You acknowledge and understand that service outages by your broadband internet service provider will prevent Service, INCLUDING 9-1-1 SERVICE.
e) Loss of Service Due to Power Failure. You acknowledge and understand that the Service, INCLUDING 9-1-1 SERVICE, does not work in the event of power failure. If there is an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require You to re-set or reconfigure Equipment prior to using the Service.
f) Service Outage Due to Suspension of Your Account. You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent Service, INCLUDING 9-1-1 SERVICE.
g) Other Service Outages. You acknowledge and understand that if there is a service outage for any reason, such outage will prevent all Service, INCLUDING 9-1-1 SERVICE.
9. Credit and Personal Information. You consent and agree that PRIMUS has the right to check Your credit rating from time to time. You represent that you are of legal age to enter into an agreement for Service and are of legal age to be able to agree to these Terms and Conditions. You agree that You will give PRIMUS prior written notice of any changes to Your billing information, including but not limited to Your new address and contact information. You consent to the receipt and provision of account information from and to credit grantors, credit bureaus and suppliers of services. We respect Your personal information and adhere to our Privacy Policy. You can read our Privacy Policy at http://primustel.ca/en/legal/privacypolicy.
10. Provision of Service. The Service is only available where PRIMUS is able to provide such Service. You acknowledge and agree that PRIMUS may conduct a preliminary check to determine if the Service is available in Your area. PRIMUS is not required to provide Service to a You where: 1) PRIMUS would have to incur unusual expenses which You will not pay; for example, special construction; 2) You owe amounts to PRIMUS that are past due other than as a guarantor; 3) You do not provide credit information satisfactory to PRIMUS or reasonable deposit.
11. Payments and Billing. Fixed charges are payable monthly in advance and other charges are payable when billed. You are responsible for payment to PRIMUS of charges for all Service(s) and Equipment furnished to You. A late payment charge applies when payment has not been received thirty (30) days after the date of the statement of account for Service. This charge is a monthly compound rate of 1.5%. An administrative fee will be charged for any payments returned for non-sufficient-funds (NSF). No charge disputed by You can be considered past due unless PRIMUS, at its sole discretion, has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment. You acknowledge that PRIMUS will not issue cheques for refunds for amounts lower than ten dollars ($10.00). In the alternative, You agree that any refunds lower than ten dollars ($10.00) will be credited against Your account. Unless there has been deception with regard to a charge, You are not responsible for paying a previously unbilled or underbilled charge except where: 1) in the case of a recurring charge it is correctly billed within a period of one year from the date it was incurred; or 2) in the case of a non-recurring charge, it is correctly billed within a period of 150 days from the date it was incurred. In the case of a recurring charge that should not have been billed or that was overbilled, You will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, if You do not dispute the charge within 150 days of the date of an itemized statement which shows that charge correctly, PRIMUS will not credit such charge for the period prior to that statement. Non-recurring charges that should not have been billed or that were overbilled will be credited, provided that You dispute such charges within 150 days of the date of the bill.
12. Suspension or Termination of Services.
a) General. You acknowledge that PRIMUS may terminate the Services immediately, without any notice and without any indirect or direct liability to You whatsoever, if, at the sole discretion of PRIMUS , You misuse or permit others to misuse or abuse the Services for purposes that are contrary to law or contrary to these Terms and Conditions and/or if PRIMUS has to preserve the integrity of the network, or comply with laws and other tariffs.
b) Overdue/Non-Payment. PRIMUS may suspend or terminate the Services if You fail to pay Your account that is past due. Where the reason for suspension and/or termination is for reason of failure to pay, prior to suspension or termination, PRIMUS will provide You with advance notice, stating the reason for the proposed suspension or termination and the amount owing (if any). Where PRIMUS reasonable efforts to notify You of termination for non-payment have failed, PRIMUS will deliver such advance notice to the billing address provided by You.
c) Your Responsibility Upon Termination. You acknowledge and agree that termination or suspension does not remove Your responsibility to pay all fees owed by You to PRIMUS up to the date of termination or suspension.
13. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. PRIMUS, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS-IS" AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
THE PARTIES AGREE THAT PRIMUS, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF THESE TERMS AND CONDITIONS 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 PRIMUS LIABLE, YOUR EXCLUSIVE REMEDY AND PRIMUS' SOLE LIABILITY, FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES PURCHASED BY YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST PRIMUS 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 AND CONDITIONS.
14. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRIMUS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
15. PRIMUS Intellectual Property. PRIMUS and/or its affiliates and licensors are the exclusive owners of all names, trade-marks, tradenames, service marks and any copyright material relating to the Services ("Intellectual Property"). Nothing in these Terms and Conditions contemplates or creates permission of use of Intellectual Property for any marketing or advertisement by You or a transfer of license of Intellectual Property from PRIMUS to You.
16. Notices and Other Communications. Any notice or other communication will be in writing and will be provided by personal delivery or by facsimile to PRIMUS or You as applicable, at the email address, regular address or facsimile number as set forth in Your service order(s). Notices delivered in person will be effective on the date of such delivery. Notices delivered by email or facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.
17. Assignment. You may not assign, resell or transfer the Service to a third party without the prior written consent of PRIMUS .
18. No Waiver. The terms and provisions of these Terms and Conditions may only be waived in writing signed by PRIMUS. No failure by PRIMUS to insist upon Your performance of any obligation in these Terms and Conditions will constitute a waiver of the obligation.
19. Severability. The invalidity illegality or unenforceability of any one or more provisions of these Terms and Conditions will not impair any other provision in these Terms and Conditions.
20. Language.
You confirm that You accept these Terms and Conditions, as well as all other related documents, including notices, in English only, unless You specifically request French correspondence. Residents du Qubec Seulement - Les parties aux prsentes confirment leur volont que la prsente convention, de mme que tous les documents sy rattachant, y compris tout avis, soient rdigs en anglais seulement, moins dune demande expresse de lune des parties leffet que les documents changs soient rdigs en franais.
21. Jurisdiction. These Terms and Conditions and any related agreements will be governed in all respects by the laws of the Province of Ontario, Canada.