Velcom Services Terms and Conditions
1. Velcom. 1465539 Ontario Inc. conducts business directly and/or through various subsidiaries and affiliates (individually and collectively "Velcom").
2. Customer Service Agreement. Velcom's customer and all persons authorized by the customer to act as agent with regard to a Service as defined in this section (individually and collectively "Customer" ) agrees to the Customer Service Agreement ("CSA") which includes the present Terms and Conditions, Policies (as defined in section 1.7) and any additional terms governing the use of Velcom services including, without limitation, Internet access, voice over IP ("VoIP") telephony services and related 911 emergency calling, public alerts and special needs calling services (individually or collectively "Service" or "Services") that Customer is receiving through one or more designated Velcom accounts ("Account" or "Accounts").
3. Herein the terms "you", "your" and "yours" mean not only Customer, but also include every person that Customer authorizes to act as its agent with regard to a Service or to use the Service through one or more Accounts.
4. Herein the terms "us", "we", "our" and "ourselves" mean Velcom.
5. Terms. These Terms and Conditions apply to all Services obtained by Customer from Velcom and the CSA runs from the date that the contract for the first Service is formed between Customer and Velcom until either: 1) Customer terminates the last Service provided by Velcom under the CSA as permitted by the CSA; or (2) Velcom terminates the CSA as permitted by the CSA. The entire period of the duration of the CSA is hereinafter called "Term".
6. Modification of Terms. You recognize and accept that to the maximum extent permitted by law, the present Terms and Conditions may be modified by Velcom at any time and that your continued use of the Service constitutes acceptance of the modified terms.
7. Policies. From time to time, we may establish policies, rules and limits (together, the "Policies") concerning use of the Services, related equipment supplied by us ("Equipment") and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies which are incorporated as part of the CSA. We will provide you with notice of the Policies and of changes to the Policies.
8. Customer's Responsibility. You are solely responsible for all access to and use of the Service and Account, including any breach of the CSA. Your use of the Service and Account means you agree with these Terms and Conditions. If you do not agree with any of the foregoing, your sole and exclusive remedy is to notify us and immediately discontinue your use of the Service and Account.
9. Account Information. Your Account information may, from time to time, be disclosed to other members of the Velcom organization and to our agents and dealers in order to service your Account, respond to your questions and market and promote additional products and services offered by members of the Velcom organization that may interest you. If you do not wish to receive offers or information from related Velcom entities, please contact Velcom at the address set out below.
10. Affiliated Partners. Certain content and software employed in the provision of the Service may be provided by third parties (hereinafter called "Affiliated Partners"), including facilities and services of other providers of telecommunications services (such providers hereinafter collectively called "Carriers").
11. Software Licence. Any Software supplied or otherwise made available to you in connection with the Service will be subject to the terms of any associated Software end-user license agreement ("EULA" or "Software License Agreement") and shall remain our property or that of our agents or suppliers of the Software, as applicable. You shall take appropriate steps to protect same against loss or damage. A copy of the applicable Software License Agreement will either be included with the Software or will be presented during the installation of the Software. It is your responsibility to review and agree to the Terms and Conditions of the applicable Software License Agreements before installing or using the Software. Unless otherwise provided in the applicable Software License Agreement, a Software License Agreement ends when your subscription to all Services employing the corresponding Software terminates, and all Software License Agreements will terminate upon termination of the CSA. Upon termination of a Software License Agreement you must forthwith return or destroy any copies of the corresponding Software in your possession.
12. Intellectual Property Rights. All intellectual property rights in the Software supplied by us are owned by us, our Carriers and/or other Affiliated Partners or their suppliers, and are protected by applicable copyright laws. All of these parties retain any and all rights not expressly granted under the applicable Software License Agreement.
13. Agents. Without limiting the generality of any other term or condition of these Terms and Conditions, Customer shall solely be responsible for use of the Service by any other person and Customer agrees to take all necessary measures to ensure that such persons use of the Service is in accordance with these Terms and Conditions.
14. Age of Majority. In order to obtain a subscription to a Service, you must also be of the age of majority according to laws of the Province or Territory of Canada applicable to the CSA and by agreeing to the terms of the CSA you represent that you are of the age of majority according to such applicable laws.
Conditions of use of the service
1. Lawful Uses. You acknowledge that posting, transmitting or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability while using a Service or your Account is strictly prohibited. Using a Service in a manner that is contrary to law or to our policies or would serve to restrict or inhibit any other user from using or enjoying any services that we provide or the Internet is also strictly prohibited. You also agree not to use any Service or any Equipment or Software provided in connection with a Service in a manner that contravenes restrictions lawfully and legitimately imposed on us by our Carriers. Harassment or abuse of any kind directed at our employees, contractors, agents or representatives is strictly prohibited.
2. No resale. You shall not in any way resell, license or allow any third party to use the Service without receiving our prior written consent. You may not share or transfer your Services without our express written consent.
3. Right to Suspend or Terminate. We reserve the right to suspend or terminate (subject to such termination being in accordance with the provisions of article 4 of these Terms and Conditions) your Services or any portion thereof, where any of your Services is used in any manner that impairs the use of Service(s) by others, is inconsistent with the CSA or is contrary to law, or during any period in which any amount payable by you to us is past due. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the CSA.
4. Prices and Service Fees. Prices for Services and/or discount rates may be subject to change upon written notice. In such cases, you will be informed thirty (30) days before the effective date.
5. Service Disclaimer. You acknowledge that to the maximum extent permitted by law, Velcom does not warrant uninterrupted or error free Service, speed of service, or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you through the use of the Service, and Velcom shall be permitted from time to time to interrupt the Service without notice in order to provide maintenance, upgrades and modifications to the Service.
6. Service Availability. Each Service is available only in those areas to which the network of Velcom and the networks of Carriers employed by Velcom to provide the Service extend and where the Service has actually been rolled out by us. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.
Equipment, software and installation requirements
1. Good Working Condition. Equipment provided by Velcom to you shall be deemed to have been delivered in good working condition unless you give us notice to the contrary within five (5) days of receiving the equipment.
2. Equipment Rentals. Except for Equipment for which you have fully paid, all Equipment installed or provided by us remains our property and you agree that: i) You will take reasonable care with such Equipment; ii) You may not sell, lease, mortgage, transfer, assign or encumber such Equipment; iii) You may not reconfigure or re-locate such Equipment without our knowledge and permission; iv) You will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related; v) If any Equipment belonging to us is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
3. Equipment Sales. All Equipment sales are final unless Service has not been activated for a twenty-one (21) day period following the purchase of Services. In any event, no refunds will be allowed unless the Equipment you purchased is defective, you are in good active standing with Velcom and the manufacturers warranty for the Equipment is still effective.
4. Access. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our Services, the Equipment or our facilities or networks. If any of your Services or Accounts has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. If you live in a condominium, townhouse, apartment or other form of multiple dwelling or rental unit, it is your responsibility to obtain the required letter of authorization and arrange for access to the building utility room from the condominium board, landlord, or other authorized owner or governing body for the purposes of service installation.
5. Customer Supplied Equipment. You shall arrange for the supply, installation and maintenance of any equipment or software that you or a third party provides and ensure compliance with the manufacturer's specifications and Velcom's specifications, if any. You shall ensure that any of the equipment or software you provide meets the requirements stated by Velcom as being necessary to use the Service.
6. Equipment Environment. You shall ensure at all times that the Velcom provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conforms to the relevant equipment manufacturer's specifications. The environment must include all necessary infrastructure, including without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of the Velcom provided Equipment and the Customer or third party provided equipment in accordance with the Canadian Standards Association or other specifications or regulations as applicable.
7. Equipment Requirement Changes. From time to time, the computer equipment required to access and use the Service may change. Accordingly, Customer supplied equipment may cease to be adequate to access and use the Service. The Service is available as, where, when, and to the extent that technology permits. Velcom shall not be responsible if any changes in the Service cause equipment, hardware or software not provided by Velcom to become obsolete, require modification or attention, or otherwise affect performance of same.
1. Customer Termination. Unless otherwise permitted or restricted by applicable law, you may terminate any or all of your services at any time. If cancellation is done within the normal 30 days monthly billing cycle then early termination fees will apply that will equal the remaining duration of the current 30 days monthly billing cycle. If cancellation is submitted on the 30th or 31st for any DSL service of the current month then an additional 3 days billing will be applied. If cancellation is submitted on the 30th or 31st for any Cable service then an additional full billing cycle will be applicable. If you do not terminate within 30 days of your applicable monthly renewal date, renewal of the subsequent month shall be processed in the normal course.
2. Customer Termination for Cause. Unless otherwise permitted or restricted by applicable law, you may terminate the CSA in the event Velcom fails to provide the Service when due and fails to remedy such breach within thirty (30) days after receiving written notice thereof from you.
3. Velcom Termination. Unless otherwise permitted or restricted by applicable law, Velcom may terminate any or all of your Services or Accounts upon no less than 30 days advance notice to you at your billing address.
4. Velcom Termination for Cause. Unless otherwise permitted or restricted by applicable law, Velcom reserves the right to terminate the CSA for cause if you are in breach of any terms of the CSA, including non-payment of your charges. Velcom may terminate the CSA if you fail to remedy the breach or default within two (2) days after receiving written notice of termination from Velcom. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (2) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that you have used and continue to use all reasonable commercial/personal efforts to cure the breach in a timely manner. Nothing in this section shall be construed as limiting Velcom's right to suspend your Service immediately at any time for any of the reasons set out in section 2.3.
5. Termination due to Insolvency. Either party may, at its option, terminate the CSA effective five (5) days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under bankruptcy or insolvency legislation or if it is declared or adjudicated bankrupt, or if an application is made in respect of it under bankruptcy or insolvency legislation, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers is appointed of or for it or if it commits any act of bankruptcy or institutes proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointments or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an insolvent person.
Limitation of liability
1. In no event will the aggregate liability of Velcom, its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively "Velcom Parties")exceed, and Customer's exclusive remedy shall be to receive from Velcom, payment for actual and direct damages to a maximum amount of, the fees paid hereunder by Customer to Velcom in the preceding one (1) month period for the affected Services. Customer hereby waives its rights to any damages, costs, awards or expenses in excess of such fees.
2. UNDER NO CIRCUMSTANCES SHALL VELCOM OR VELCOM PARTIES BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF VELCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THE CSA AND THAT VELCOM WOULD NOT HAVE ENTERED INTO THE CSA BUT FOR CUSTOMER'S AGREEMENT TO LIMIT VELCOM AND VELCOM PARTIES' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN. CUSTOMER'S SOLE REMEDY IS AS PROVIDED IN THIS CSA. VELCOM AND VELCOM PARTIES ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICE FURNISHED BY VELCOM IN COMBINATION WITH SERVICE, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES; OR (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS. THIS SECTION 5 SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THE CSA.
3. To the greatest extent permitted by applicable law, the provisions of articles 5, 6 and 7 apply to any act or omission of any or all Velcom Parties, however caused, whether or not such acts or omissions would otherwise constitute a cause of action in contract, tort or any other doctrine of law.
4. For greater certainty, and without limitation, Velcom Parties will not be liable to Customer or any third party for the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers). The additional limitation of liability provisions of article 6 below also apply with respect to any Velcom VoIP Service as defined therein.
Limitation for voice over Internet protocol ("VoIP") calling and related limitation of liability
1. There are some differences and limitations in how 9-1-1 calling over Velcom Services provided using VoIP technology ("Velcom VoIP Service") operates relative to 9-1-1 service over traditional telephone service as further described in the following sections. Please review this article 6 of these Terms and Conditions thoroughly before activating, installing or using any Velcom VoIP Service.
2. Velcom offers a form of 9-1-1 calling that is similar to traditional 9-1-1 service but has some important differences and limitations when compared with enhanced 9-1-1 service ("E9-1-1") available in most locations in conjunction with traditional telephone service. With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Velcom VoIP Service 9-1-1 calling, your call is sent to a national emergency call centre. Regardless of whether your call-back number and the last address registered with Velcom for your Velcom VoIP Service are visible to the call centre operator, when you make a 9-1-1 call, you will be asked to confirm your location information. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, immediately dial 9-1-1 again.
3. If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and last registered address associated with your Velcom VoIP Service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Velcom is always the same as the physical address at which the Analog Terminal Adapter/other device you use to obtain your Velcom VoIP Service ("VoIP Device") is located. Whenever you move the physical location of your VoIP Device or you add a line, you must update your registered address accordingly. Address registrations and updates may be recorded by e-mailing the Velcom care team at email@example.com or via telephone, by calling 1-844-983-5266.
4. Velcom VoIP Service 9-1-1 calling will not function in the event of a power or broadband outage or if your broadband service (whether obtained from Velcom or another Internet service provider) is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your VoIP Device prior to utilizing Velcom VoIP Service, including 9-1-1 calling.
5. You must successfully register your location of use for each changed, newly added or newly ported number in order for 9-1-1 calling to function as intended. Address registrations and updates may be recorded by e-mailing the Velcom care team at firstname.lastname@example.org or via telephone, by calling 1-844-983-5266.
6. Improper installation or configuration of your VoIP Device or other Equipment used in conjunction with Velcom VoIP Service will prevent your 9-1-1 calling from functioning as intended. Immediately following installation of your VoIP Device and Velcom VoIP Service and following every power outage, or if you have reason to suspect that anyone has tampered with the VoIP Device or related Equipment or that it has failed, you should make a test call to another telephone number (NOT 9-1-1) using your Velcom VoIP Service to ensure that it is functioning correctly in case a 9-1-1 call will need to be made at some point using the Velcom VoIP Service. If the Velcom VoIP Service is not working correctly at any time, please call technical support at 1-844-983-5266 from another telephone for assistance.
7. There may be a greater possibility of network congestion and/or reduced speed in the routing of 9-1-1 calls made utilizing Velcom VoIP Service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.
8. You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Velcom VoIP Service, of the important differences in and limitations of Velcom VoIP Service 9-1-1 calling as compared with E-9-1-1 service, as set out above.
9. Velcom does not currently offer operator service and so emergency services cannot be accessed through an operator by dialling "0".
10. Velcom does not have any control over whether, or the manner in which, calls using Velcom VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. Velcom disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. Velcom relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Velcom disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
11. You acknowledge and understand that the Velcom VoIP Service or access to the Velcom VoIP Service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
- If your Equipment fails, is not configured correctly or does not meet Velcom's requirements;
- In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
- In the event of a network outage or power failure;
- If you tamper with or, in some cases, move the Equipment;
- Following suspension or termination of your Velcom Services or Account.
12. You acknowledge and agree that, to the maximum extent allowed by law, Velcom Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Velcom VoIP Service and you agree to indemnify and hold harmless Velcom Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Velcom VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person's failure to obtain access to 9-1-1 emergency services.
13. By subscribing to Velcom VoIP Service and activating it, you acknowledge all of the limitations of the 9-1-1 calling provided through Velcom VoIP Service, that you will take all of the corresponding measures described above in light of these limitations, that you accept the limitations of liability applicable to 9-1-1 calling provided through Velcom VoIP Service. If you do not agree with any of the Terms and Conditions related to Velcom VoIP Service, including the limitations and requirements associated with 9-1-1 calling provided over Velcom VoIP Service, do not subscribe to, or activate, Velcom VoIP Service, do not install the VoIP Device or any other Equipment provided in connection with the Velcom VoIP Service and call Velcom immediately at 1-844-983-5266 to cancel your Velcom VoIP Service, if any such service has been ordered or activated.
1. You will indemnify and hold harmless Velcom Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of Velcom Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
2. You will indemnify and hold harmless Velcom Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of Velcom Parties relating to the violation of the CSA by you or any user of your Account, or in connection with your or their use of the Services and/or any related Content.
1. Entire Agreement. The CSA is the entire, binding agreement between Velcom and Customer, made under the laws of Ontario, Canada, pertaining to use of the Service and supercedes any prior agreements between Customer and Velcom with regard to its subject matter. Velcom's failure to insist upon or enforce strict performance of any right or provision of the CSA shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demand' que ces Termes et Conditions ainsi que tous les documents que s'y rattachent soient r'dig's en anglais.
2. Force Majeure. In no event shall we be liable for any failure to comply with the CSA if such failure results from any condition or event beyond our reasonable control, including, but not limited to, computer hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure, war or terrorism.
3. Notices. All notices provided by Velcom pursuant to the CSA will be delivered to you by mail at your billing address or by email or fax at the coordinates you provided to Velcom upon subscription for Service(s). It is your responsibility to ensure that the contact information that you provide to Velcom is accurate. All notices that you may provide to Velcom pursuant to the CSA can be delivered by:
Mail at: 276 Tiffin Street Barrie, Ontario L4N2N4
Email at: email@example.com
Fax at: 905-793-6894
4. Intentionally left blank.
5. Activation Fee. Activation fees are non-refundable.
6. Diagnostic Maintenance Charges also known as Repair Ticket. A ticket charge of $87.70 + applicable taxes is mandatory. The demarcation point is located at the side or back of your home or within a telecom closet for apartment buildings or condos. If the ticket is closed prior to technician dispatch, requested by the customer, the charge would not be refunded. The technician is not required to do any testing within your premises. If the technician requests to enter your premises, the choice is yours. Any repairs the technician completes inside your premises would render the ticket fully billed and non-refundable. If service is found to be working at the demarcation point the ticket charge would be fully billed and non-refundable. What this means is if the technician does signal testing at the demarcation point and finds a sync then his visit is over and ticket is non refunded. The tech does not need to enter your premises or meet you on site for any testing. In cases where a security deposit was not billed, the customer would then be charged $87.70 + applicable taxes.
7. Inside Wiring "ISW". The demarcation point is located at the side or back of your home or within a telecom closet for apartment buildings or condos. All inside wiring beyond the Carrier's demarcation point is the responsibility of the Customer. Velcom only provides services up to the demarcation point. The demarcation point is at the side of the home or within telecom closet inside apartment buildings.
8. Schedule Installation Dates. Take note that installation dates assigned by our respective service providers may change at any time. We have no control over these circumstances and will not warrant against, or compensate for, any such delays.
9. Monthly Fees. All charged fees are non-refundable. Some exceptions may be made at Velcom's discretion. If Velcom decides in good faith to issue any refund on already applied payments a 3% surcharge will be applicable on the original charged amount.
10. Speeds. Speeds are never guaranteed as many factors are involved. Distance from central office, age of wiring, age of home, internal wiring issues, jack issues, customer equipment issues and so forth. All our speeds are UP TO speeds as outlined in the plan description.