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TERMS & CONDITIONS
Long Distance Service
This Agreement is between Times Telecom Inc. (Times)
and the person whose name appears on a Times bill (Customer) and governs the
Customers use of Times Dial Up and Direct Dial long distance services (Services)
on a month to month basis.
Any current Times document describing the plans,
features, services or products you have selected and any other document
incorporated by reference (collectively, the Materials) together with these
terms and conditions (Terms) constitute our agreement with you (the Agreement).
If there is any inconsistency between the Materials and these Terms, these
Terms will prevail.
No sales representative, dealer, agent, officer or
employee of Times has the authority to change or modify these Terms, except
pursuant to an official revised version of these Terms, and you may not rely on
any such change or modification. These Terms cannot be changed by you.
Throughout
this document:
§
us, we, our and Times means
the Times entity named in the Agreement;
§
it, you, your and Customer means the Customer entity names in the Agreement;
§
Service or Services means
any or all of the long distance services that you subscribe to under the
Service Agreement or receive from or through Times.
§
Agreement means these long distance terms, any terms stated on
the Customers bill, and the prices, discount rates and other terms applicable
to the Services of which Times notifies the Customer.
1. Account & Payment Information
General Information
1.
Charges will commence on the date
of the initial activation of the Services or the Equipment, whichever is
earlier.
2.
Unless otherwise agreed to by you
and us, we will bill you monthly. However, we may bill you for a past charge up
to six months from the date the charge was incurred.
3.
Changes to your account (e.g.,
price plan, features or identifiers) will not take effect until after your next
billing date.
4.
All calls are billed in 1 minute
increment.
Responsibility of the Charges
5.
The
Customer is liable for all charges to its account. It shall pay the charges in
full for use of Services billed to the Customers 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, sales and other taxes applicable to the use of the
Services.
Overdue Charges
6.
All
charges relating to the Services are due and payable on the due date stated on
the Customers bill. If payment of an amount due on the account is not received
by us by the required payment date specified on the billing statement, the
Customer shall pay late payment charges on overdue charges at a monthly rate of
1.5%, calculated and compounded monthly on the delinquent amount from the date
of the first invoice on which the delinquent amount appears until the date we
receive such amount in full. You agree that we can charge any unpaid and
outstanding amount, including any late payment charges on your account to your
chosen method of payment.
Returned Payments
7.
Returned
cheques or unsuccessful pre-authorized payments are subject to a $25.00 service
charge.
Payment Methods
8.
The
following payment methods are accepted by Times:
§
By Mail:
Use the detachable section of the bill to send payment. Include
cheque/money order and make it payable to Times Telecom Inc and include
Customers account number on the front. Payment will be posted on the date
received in our office. DO NOT SEND CASH.
§
By Phone:
Please call our
Customer Service Department to submit a payment. Please be prepared to provide all credit card
information.
§
By Pre-Authorized Payment
Please call our
Customer Service Department to sign up for pre-authorized payment from your credit card or chequing account. Outstanding balances are usually debited
on the Due Date but may vary depending on your financial institution.
§
At the Bank (In person, online, and
by phone):
Payment is accepted at most major financial institutions
and bank machines. Payments can also be made online or by telephone at the
following financial institutions: Bank of Montreal, HSBC Bank of Canada, Royal
Bank and Scotia Bank. Please contact your local branch to confirm if they
accept payments for Times Telecom Inc.
Disputed Charges
9.
If
the Customer disputes any charges, the Customer must still pay all undisputed
charges. Failure by the Customer to bring bill disputes to Times attention
within thirty (30) days of the date of the Customers bill shall be deemed to
be acceptance by the Customer of the accuracy of the bill.
2. Identifiers
10. You
do not own any identifier (e.g., account, access codes or PIN numbers, etc.)
assigned to you, and we may change or remove any identifier at any time upon
notice to you.
3. Acceptable Use
11.
You may not use the Services for
anything other than your own personal use. You may not resell the Services,
receive any charge or benefit for the use of the Services or provide Internet
access or any other feature of the Services to any third party. You may not
share or transfer your Services without our express consent.
12.
From time to time, we may
establish policies, rules and limits (together, the Policies) concerning use
of the Services and any products, content, applications or services used in
conjunction with the Services. Your use of the Services is subject to these
Policies. We will provide you with notice of the Policies and of changes to the
Policies. Our Acceptable Use Policy is incorporated into these Terms by
reference.
13.
When using the Services or any
products, content, applications or services used in conjunction with the
Services, you must comply with all applicable laws and our Policies. We may
suspend or terminate your Services, the Agreement and any other agreement for
services you may have with any related Times entity, without notice to you, if
you engage in one or more of the activities prohibited by our Policies. In
addition, you may be charged for any costs incurred by us or any related Times
entity in connection with your breach of the terms of this Section, including
costs incurred to enforce your compliance.
14.
We reserve the right to restrict,
change, suspend or terminate your Service by any means if your access, use or
connection to the Services is impairing or adversely affecting our operation or
the use of our Services or facilities by others.
4. Suspension or Termination
15.
The term of the Service Agreement,
and any applicable Commitment Period, starts on the Activation Date and shall
continue indefinitely until terminated in accordance with the provisions of the
Service Agreement or applicable law.
16.
Unless otherwise permitted by
applicable law:
a)
You may terminate all or any part
of your Services upon no less than 30 days advance notice by contact Times at
the appropriate points of contact specified in this Agreement; and
b)
Times may terminate all or any
part of your Services or accounts upon no less than 30 days advance notice to
you at your billing address. Applicable charges continue to apply until the end
of the notice period or until the Services are no longer accessible by you,
whichever is later. The transfer of your telephone number to another
telecommunications service provider constitutes a termination of the applicable
Service(s).
17.
Times
may, in its sole discretion, immediately suspend or terminate the Customers use
of Services if:
a) the Customer is in default of any
material term of this Agreement, including the obligation to pay charges; or
b) the Customer is in default of any
other term of this Agreement, and such default continues for a period of
fifteen (15) days after written notice to Customer;
c) The
Customer has given us false, misleading or outdated information;
d) We
reasonably suspect or determine that any of your account, identifiers, or
Services is subject of fraudulent, unlawful or improper usage or usage that adversely
affects our operations or the use of our services or facilities by others;
e) The
Customer harasses, threatens or abuses us or our employees or agents;
f)
The Customer fraudulently or
improperly seeks to avoid payment to us;
g) We reasonably believe that there is
an emergency or extreme circumstances that would
warrant such action.
18.
In
the event it becomes necessary to suspend service, payment of the total unpaid
balance plus a reconnection charge of $10.00 may be required to restore the
Service.
5. Limitation of Liability
19.
In
some circumstances, the Customer may be entitled to recover damages from Times.
In such instances, Times liability for damages shall not exceed the amount of
the charges paid by the Customer for Services during the period these damages
were incurred, such period limited to the month the claim arose and the two (2)
preceding months. Under no circumstances is Times liable for indirect, special
or consequential damages including, but not limited to, damages arising out of
loss of data, loss of income, loss of profit or failure to realize expected
savings, even if Times had been advised of, had knowledge of, or reasonably
could have foreseen, the possibility of such damages. This Limitation of
Liability section applies regardless of the basis on which the Customer is
entitled to claim damages from Times, including but not limited to:
a) breach of contract even if a
fundamental breach; or
b) tort, including negligence and
misrepresentation.
6. Causes beyond Times Control Long
Distance Service
20.
Times
will not be responsible for failing to meet obligations due to causes beyond
its reasonable control, including disruption to the Services caused by Times
network failures or the failure of the networks of other companies to which Times
network is interconnected.
7. Amendments
21.
Pricing,
discount rates, features and content are subject to change without notice to the
Customer. Times may, from time to time, amend any other term of this Agreement.
Where Times is required to give notice to the Customer, a notice included with
the Customers bill constitutes sufficient notice to the Customer, and the
Customers continued use of the Services will be deemed to be acceptance of
Times amendments. Notices contained in the Customers bill will be deemed to
have been received three (3) business days after the date of mailing.
22.
If
the Customer does not accept a change made to the Services, its sole remedy is
to terminate the Agreement and the Services provided under the Agreement within
30 days of receipt of our notice of change of the Services by providing us with
advance notice of termination.
8. Confidentiality of Your
Information
23.
All
information kept by Times regarding the Customer, other than the Customers
name, address and listed telephone number, is confidential and may not be
disclosed by Times to anyone other than:
§
the
Customer;
§
a
person who, in the reasonable judgement of Times is seeking the information as
an agent of the Customer;
§
another
telephone company, provided the information is required for the efficient and
cost-effective provision of telephone service and disclosure is made on a
confidential basis with the information to be used only for that purpose;
§
an
agent retained by Times to evaluate the Customers creditworthiness or collect
the Customers account, provided the information is required for and is to be
used only for that purpose; or to
§
a public authority or agent of a public authority, if in the reasonable
judgement of Times it appears that there is imminent danger to life or property
which could be avoided or minimized by disclosure of the information.
24.
Express
consent may be taken to be given by the Customer where the Customer provides
written consent, oral confirmation verified by an independent third party,
electronic confirmation through the use of a toll-free number, or electronic
confirmation via the Internet.
25.
Your account information may, from
time to time, be disclosed to other members of the Times organization and to
our agents and authorized dealers in order to service your account, respond to
your questions and promote additional products and services offered by members
of the Times organization that may interest you. If you do not wish to receive
offers or information from related Times entities, please contact Times at the
address set out below.
9. Intellectual Property
26.
All
trademarks, copyright, brand concepts, names, logos and designs used by us are
intellectual property assets, registered or otherwise, of, or used under
license by Times Telecom Inc or of one of its affiliates. All are recognized as
valuable assets of their respective owners, and may not be displayed or used by
you in any manner for commercial purposes or copied in any manner for any
purpose without the express prior written permission of the Times Telecom Inc.
10. General Provisions
27.
The Service Agreement, as amended
from time to time, constitutes the entire agreement between you and Times for
the Services and supersedes all prior agreements, written or oral, with respect
to the same subject matter.
28.
Our failure to enforce strict
performance of any provision of the Service Agreement does not mean we have
waived any provision or right. Neither the course of conduct between us nor
trade practice modifies any provision of the Service Agreement.
29.
Any
provision of this Agreement that is unenforceable at law will be ineffective to
the extent of such unenforceability without invalidating the remaining
provisions of this Agreement. No failure by Times to exercise any right under
this Agreement or to insist upon full compliance by the Customer with its
obligations under this Agreement will constitute a waiver of any provision of
this Agreement. Times may assign this Agreement in whole or in part without
consent of the Customer.
30.
The Service Agreement inures to
the benefit of and is binding on you, your heirs and your legal personal
representatives and on your and Times respective successors and assigns. You
may not assign or transfer the Service Agreement without our prior consent. We
may assign or transfer the Service Agreement or any of our rights or
obligations hereunder without your consent.
31.
These Terms been drawn up in the
English language at the express request of the parties. La présente
convention a été rédigée en anglais à la demande expresse des parties.
11. Governing Law
32.
The Agreement is governed
exclusively by the laws of the province in which your billing address is
located, but if your billing address is outside of Canada,
the Agreement is governed exclusively by the laws of the province
of British Columbia and you submit to
the jurisdiction of the courts of British
Columbia. Please note that your rights and
remedies may vary by province.
12. How to Contact Us
If you have any questions concerning your
billing statement, please contact our Customer Service Department at:
Vancouver
130-8191 Westminster Highway, P.O Box 551
Richmond, BC V6X 1A7 CANADA
Tel: (604) 606-7888
Fax: (604) 279-8775
Email: [email protected]
Toronto
Pacific Mall
Heritage Town
2nd Floor C1-215,
4300 Steeles
Avenue East
Markham, ON L3R 0Y5 CANADA
Tel: (905) 415-3366
Fax: (905) 415-3997
Email: [email protected]
All
other cities
Tel: 1-888-980-8380 (Toll Free)
Email: [email protected]
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