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version: November 01, 2009
GENERAL TERMS AND CONDITIONS
1. Definitions
Within these
Terms and Conditions, AIC shall mean AIC Global Communications
Inc.; AICOMpro shall refer to the internet services provided by
AIC or its affiliates; ADSL shall refer to the broadband
internet service provided by AIC or its affiliates; iBuzz/AIC
Home Phone (Broadband)/AIC Home Phone (Digital) shall refer to
the Voice over IP broadband local phone service provided by AIC
or its affiliates; CallExpress service shall refer to the "Call
Display" authenticated pre-paid Long Distance Telephone service
provided by AIC or its affiliates; "Customer" shall mean the
customer(s) of AIC and words importing persons shall include
companies or corporations.
2. Terms of Agreement
The Terms
and Conditions set out herein are applicable to customers in all
respects in connection with AIC’s post paid; prepaid; direct
dialled and indirect dialled long distance/international
telecommunications services, AICOMpro and ADSL internet
services, iBuzz services Traditional Home Phone service and
other related local and international services offered by AIC or
its affiliates. Customer, upon opening an account with AIC,
either directly or through its affiliates, acknowledges
acceptance of the Terms and Conditions herein set out and agrees
to be bound by such Terms and Conditions. The services will
continue to be effective until the account is closed by AIC.
Customer acknowledges and agrees that this Agreement may be
utilized by an authorized distributor ("Agent") of AIC.
3. Rates and Charges
Rates
and charges are as set out in AIC long distance, AICOMpro
Internet, AIC ADSL Internet, AIC Home Telephone Services
and AIC CallExpress service rate schedules and/or product
sheets at the time service is subscribed. AIC reserves the
right to revise such rates and charges from time to time. In
the event that AIC made changes to the rates and charges, such
changes would be posted on
www.aicom.com,
www.aichometelephone.com
and
www.callexpress.ca,
as well as listed on the latest product sheets All rates and
charges shall be fully paid on or before the due date by
customer and are considered correct if not disputed within 15
days from the invoice date. All rates and charges are calculated
on a calendar monthly basis and will not be pro-rated unless
specified in writing. All prepaid amounts are non-refundable.
4. Taxes and Other Charges
AIC would
charge customer for, and customer must pay, any applicable
taxes, fees, surcharges or other charges associated with the use
of all AIC services, unless customer can present any
documentation satisfactory to AIC that he/she is exempted. The
amount of taxes would be charged according to the rates as set
out by federal and provincial authorities.
5. Payment
AIC will bill customers who
purchase third party hardware from AIC directly in order to use AIC services.
Thus, all payment for AIC provided hardware and services should be payable to
AIC. Customer who require monthly paper invoice will be charged $1 per month.
Customer can choose to view his/her invoice details monthly at
www.aicom.com at no charge. Payment can be made by cheque/cash in person or
by mail to the AIC business address stated in the invoice. Payments made
through any Chartered Banks in Canada are also acceptable, however, it is the
responsibility of customer to check and ensure that any payment made through
bank is credited to AIC account on or before due date. In the event of
non-payment or dishonored cheque, customer shall, in addition to the outstanding
charges stated in the invoice, pay to AIC a service charge that shall be
determined by AIC. Customer agrees and authorizes AIC to debit his/her credit
card account for any outstanding amount owed to AIC and any associated service
charge for late payment. This authorization shall continue in effect until all
outstanding payments are settled. Each returned cheque, unsuccessful
pre-authorized payment or default in payment is subject to a $25 surcharge.
Reversal for payment in error made by customer through internet banking is
subject to an administration fee of $10. Interest will be applied to overdue
payment at 2% per month. The minimum debit
amount per credit card transaction is $5. Any credit balance will appear
in customer’s next bill. A special handling fee, in addition to interest
charges will apply to any outstanding payments that have been sent for
collection.
6. Deposits
AIC shall have the right
from time to time to request customer to provide a deposit for such sum and in
such manner as AIC may consider appropriate as security towards payment of any
services. AIC shall have the right to apply such security deposit towards any
outstanding amounts and all hardware(s) loaned out to customer at market price
without having to obtain prior authorization from customer. In case
deposit refund is required at any time, refund would be either credit to
customer’s credit card or in cash. An administration fee of $2 applies for
issuance of cheque for deposit refund.
7. Liability for Loss and Damage
Customer acknowledges that under no circumstances AIC shall be
held liable to customer or any third parties for any loss and
damage arising directly or indirectly out of or in connection
with AIC's hardware and/or services, including without
limitation, those arising from the acknowledged delays or
interruptions in service. This limitation applies to all acts or
omissions of AIC whether negligent or otherwise, and whether
directly or indirectly, and whether or not as a result of
mechanical defect. For the avoidance of doubt, loss and damage
include, but are not limited to, incidental, general, special,
consequential, punitive, aggravated or exemplary damages, or
loss of use, data, business, income or profits.
8. Credit and Personal Information
Customer
consents and agrees that AIC has the right to check his/her
credit rating from time to time. Customer represents that he/she
is of legal age to enter into an agreement for service and is of
legal age to be able to agree to the Terms and Conditions.
Customer agrees that he/she will give AIC prior written notice
of any changes to his/her billing information, including but not
limited to his/her new address and contact information. All
correspondence or communications sent by post addressed to the
last address registered with AIC should be deem to have been
duly delivered to customer. Customer consents to the receipt and
provision of account information from and to credit grantors,
credit bureaus and suppliers of services. AIC respects
customer’s privacy and would adhere to the Personal Information
Protection & Electronic Documents Act of Canada.
9. Termination / Suspension / Close of Service Account
AIC may forthwith terminate, restrict or suspend customer’s account without notice on the happening of one or more of the following:
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(a) |
charges are not paid when they are due for payment
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(b) |
AIC, in its sole discretion, considers customer a credit risk |
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(c) |
customer does not have any usage activity for three months or more |
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(d) |
customer with excessive usage on any unlimited voice and/or data plans which, in AIC’s sole opinion, is abusive and is affecting its service level and network performance, such as excessive data downloading on ADSL, spamming, reselling/redistributing the service and long connection/holding time, etc. |
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(e) |
customer does not abide by the Local and Federal Government Departments’ rules and regulations |
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(f) |
customer uses the hardware and/or service in a manner which is, in AIC’s sole opinion, contrary to the Terms & Conditions herein set out or adversely affect the use of AIC’s system by other customers in anyway whatsoever |
In the event
of termination of AIC services by AIC or by customer, customer shall not claim
refund of any unused service, set-up, administrative or chargeable fees that
have been paid.
10. Customer Premises Equipment (CPE) Warranty; Disclaimer of Warranties
AIC warrants
that the CPE equipment when provided is in good condition and
that it is technically compatible with AIC ADSL Internet
service; AIC broadband phone service and/or other AIC related
services. Customer acknowledges that AIC is not the manufacturer
of the equipment and that AIC has not made any representation or
warranty regarding the products. AIC disclaims any expenses or
implied warranty with respect to the merchantability, design,
condition, durability, performance, quality, capacity, technical
compatibility or fitness for a particular purpose of such
equipment and services. Customer acknowledges that AIC would
charge a restocking fee for any equipment that is returned
within an agreed rental period or service term.
11. Loss of Equipment
All risk of
loss, damage, theft or destruction to AIC ADSL; AIC broadband
phone and/or any other AIC service related hardware(s), for any
cause whatsoever, including without limitation, economic loss
through premature wear, or taken by any governmental agency,
whether or not such loss or damage is covered by insurance shall
be borne by customer. If customer’s AIC ADSL; AIC broadband
phone and/or any other AIC service and equipment is/are lost,
stolen or suspected of being used without customer’s permission,
immediate notification must be given to AIC. Customer shall
remain liable for all service charges incurred with the services
for a minimum of 24 hours from the moment AIC receives
customer’s notification to have his/her service de-activated.
Customer shall remain liable for all equipment(s) loaned out or
provided for the AIC ADSL Internet service & AIC broadband phone
service.
12. Others
These Terms
and Conditions herein shall be construed and interpreted in
accordance with the laws of Canada. AIC and customer submit to
the exclusive jurisdiction of the courts of Canada. AIC shall
have sole discretion to amend the Terms and Conditions in
whatever manner without prior notice given to customers. Any
waiver of any rights by AIC shall pertain only to the particular
circumstances which lead to the waiver and shall not be deemed
to be a continual waiver of that right under the Terms and
Conditions set out herein.
TERMS & CONDITIONS OF SERVICE
AIC Long Distance Service
1. Personal Identification Number (PIN)
AIC may issue a PIN to
customer to facilitate access to AIC long distance services. AIC retains the
right to change or reassign PIN to customer at AIC’s sole discretion. The PIN
shall be surrendered upon demand to AIC or its authorized agent. Customer shall
be liable for any expenses incurred by AIC in reclaiming the PIN.
2. Lost or Stolen PIN
If the PIN is lost, stolen
or is suspected of being used without customer's permission, immediate
notification must be given to AIC. Customer shall remain liable for all call
charges, not limited to the credit limit set by AIC, made with the assigned PIN
for 24 hours from the moment AIC receives customer's notification. Customer is
liable to a penalty of $50 for any loss or theft of the PIN. A handling fee of
$10.00 will be applied to customer who wishes to change his/her PIN.
3. Termination / Suspension / Close / Switch of Service Account
Customer may close his/her
AIC account by giving at least 24 hours advance notice and return the PIN to AIC
if applicable. On switching of long distance service carrier, all calls made
while the account was with AIC and pertaining to AIC’s billing period will be
charged at the AIC standard rate. When switching among AIC rate plans, the new
rates will be applied to all calls made during the pertaining billing month and
thereafter until such further switches or changes are made. Different rate plans
may have additional terms and conditions of service as stipulated in the
respective AIC product sheets available from all AIC shops and offices. Use of
service by the customer represents acceptance of all AIC terms and conditions of
service by the customer.
AIC Home Telephone Services (Traditional)
1. Home Telephone Service & Long Distance Service Bundle
Customer
acknowledges that AIC's home telephone service and long-distance service are
sold as a bundled package. As such, customer agrees that AIC shall have the
right to either increase the rate for both the home telephone service and long
distance service or charge an additional monthly fee toward customer's account
if customer does not subscribe for the bundled package. Customer also
acknowledges that AIC does not have the ability to cancel and/or convert
customer's long distance service from AIC's long distance telephone service
network to an alternate long distance service provider. Therefore, customer
agrees in the event that his/her home telephone service with AIC is terminated,
customer is solely responsible for contacting an alternate long distance service
provider to convert his/her long distance service from AIC's long distance
telephone service network to an alternate long distance service provider.
Customer agrees that he/she is responsible for all long distance charges
incurred with AIC prior to the day customer effectively converts his/her long
distance service to an alternate long distance provider.
2. Customer's Equipment
Customer
acknowledges that it is his/her responsibility to reprogram and/or reconfigure
all security alarms, computer modems, telephones and any of customer equipment
linked to and/or dependent upon the home telephone system. Customer acknowledges
and agrees that he/she will be solely responsible for all costs of reprogramming
and reconfiguring such equipment and that customer shall be solely responsible
for any losses incurred due to failure to reprogram and reconfigure such
equipment.
3. Cancellation of Services by Customer
The service
may be cancelled at any time provided that one month advance notice is given to
AIC by the registered customer. Monthly package fee is payable for the month of
cancellation. Administration fee will be charged on a per local phone line basis
if the home telephone service is terminated within the first twelve months after
service activation. Administration fee will also be charged on a per local phone
line basis if customer requests to cancel or defer the effective date of the
home telephone service after the submission of the service application form and
before the actual connection of the service. Customer acknowledges and agrees
that all telephone service, including but not limited to, charges incurred by
customer for using AIC home telephone service, shall apply up to the date that
AIC home telephone service is effectively terminated and converted to another
local phone service provider.
4. Customer's Responsibilities for Charges
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4.1 |
Customer will be charged an administration fee if he/she
moves his/her existing home telephone service from one
address to another
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4.2 |
Customer will be charged an administration fee when
he/she applies for or changes the AIC Home Telephone
Service Plan. |
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4.3 |
Customer will be charged a one time set up fee and a
monthly network access fee, unless these charges are
waived by AIC during promotional period. |
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4.4 |
Customer who does not subscribe to AIC Equal Access Long
Distance service will be charged a monthly network usage
fee. |
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4.5 |
Customer will be charged a monthly 911 emergency fee and
other applicable charges. 411 directory services will be
charged on pay-per-use basis. Surcharges and applicable
long distance charges apply for specific operator
service. |
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4.6 |
Customer who chooses quarterly payment method is
entitled to sign up any of AIC’s long distance service
bundle plans. However, if customer’s monthly usage is
over 2000 minutes under the respective unlimited long
distance bundle plan subscribed, AIC will charge
customer a11 excess minutes base on customer’s default
rate plan on record. |
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4.7 |
Customer is encouraged to check his/her equipment (such
as telephone set, fax equipment, ADSL modem and filter)
before calling AIC repair service. In case that customer
requests a site visit and AIC field staff or any AIC
appointed contractor finds out that the fault is caused
by customer’s own equipment and/or internal
wiring/facilities, customer will be charged a site visit
fee. |
5. AIC's Right to Suspend and Terminate Home Telephone Service
Suspension of service occurs
when AIC prevents calls from being made or completed through customer connection
point. Unless the reason for suspension has already been corrected, termination
of service occurs automatically 30 days after suspension when AIC removes
customer's account from the list of active account. AIC will suspend customer's
account only if customer:
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fails to pay AIC home telephone service monthly fee and related charges; |
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fails to make a payment under a deferred payment arrangement; |
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uses or allows others to use any AIC services in a way that prevents fair and proportionate use by others; |
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uses or allows others to use any AIC services illegally
or to make annoying or offensive calls; or is a
company, which becomes bankrupt or has a receiver or
receiver-manager, appointed to govern customer's
affairs. |
However, AIC must inform customer or another responsible person at customer's premises at least 24 hours prior to suspension of service, except if:
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repeated efforts to contact customer have failed; |
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immediate action must be taken to protect AIC or other
persons from harm resulting from customer's facilities
or equipment; or |
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suspension occurs because customer fails to pay the
charges when required by AIC and that the charges are
significantly higher than normally expected. |
If AIC suspends or
terminates customer's service, customer must still pay any amount owed to AIC.
In the event that customer's local phone service was suspended or terminated due
to any of the reasons listed above, a reconnection service charge may be applied
on a per phone line basis and that AIC cannot guarantee the availability or
resumption of any previous telephone number following the suspension or
termination.
6. 911 Emergency Services and Other Ancillary Services
911 emergency services
allows customer to dial direct from the address he/she registered for AIC home
telephone service and the call will be routed to the closest local emergency
service center.
7. Telephone Directories
Customer's
registered name, address and telephone number will automatically be published in
the telephone directory and/or available through directory assistance once
subscribed to AIC home telephone service unless customer has made appropriate
arrangement to remove his/her telephone number from the directory and pay a
non-published fee of $35 annually.
8. Telephone Numbers
Customer does not have any
property right or any other rights to the telephone number assigned by AIC. AIC
reserves the right to change the assigned telephone number if AIC has reasonable
grounds such as technical reasons; different telephone numbers are designated to
AIC by another authority or any other reasons for changing it and reasonable
advance notice will be given by AIC to customer. Customer may port the number to
other Telecom Service Provider registered with the CRTC in accordance to the
latest CRTC regulations and procedures, provided that all outstanding payments
to AIC are made and that there is no violation of any service terms and
conditions with AIC before and after the number is ported.
9. Customer's Liability
If customer applies AIC home
telephone service for the property or premises occupied but not owned by
customer such as rental house, leasing property or premises, customer warrants
that he/she has the consent of the owner to place such facilities on the
property or premises. Customer shall indemnify and save harmless AIC from any
and all actions, causes of action, claims, demands or lawsuits arising from or
consequent upon any lack of consent. If any AIC facilities or equipment located
on customer's property or premises are damaged or destroyed other than normal
wear and tear or by AIC, are damaged or destroyed by or through the operation of
any of customer’s facilities or equipment, customer shall pay to AIC the cost of
restoration or replacement of the damaged AIC facilities and equipment.
10. AIC's Liability
AIC is not liable for libel,
slander, defamation or the infringement of copyright arising from material or
messages transmitted over AIC's local phone network from customer's property or
premises or recorded by customer's equipment or AIC's equipment. AIC is also not
liable for damages arising out of the transmission of material or messages over
AIC's local phone network on behalf of customer, which is in any way unlawful.
AIC home telephone service is designed to be used as a daily communication tool
between one household to another household. If customer uses AIC's home
telephone service for purposes other than those for which the system is
designed, or for service to which customer has not subscribed, AIC is not liable
for errors, omissions, interruptions, delays or defects in the transmission or
for the quality of the transmission of those services. AIC is not responsible to
grant any refund to customer for any defects in those cases.
iBUZZ - AIC Home Telephone Service (Broadband)/Home Telephone Service(Digital)
1. Service Requirements
iBuzz service requires a
specialized customer premises equipment called a voice over IP device
(hereinafter also referred to as Phone adapter) which AIC will provide to
customer for connectivity from a regular telephone handset, that is supplied by
the customer, to his/her broadband internet connection and customer is
responsible for installation pursuant to instructions provided by AIC. A
broadband connection via a 2-way cable modem or DSL with broadband capability of
at least 90 Kbps upstream speed that customer has a right to use at his/her own
expense is also required. Since voice over IP is dependent on the broadband
connection, the availability of an adequate power supply and correct broadband
voice device configuration, AIC does not guarantee that the service will be
continuous or error-free.
Not a Traditional Telephone Service
Customer acknowledges and
understands that the service is not intended as a traditional telephone service.
There are IMPORTANT DIFFERENCES between traditional telephone service and the
iBuzz service provided by AIC or its affiliates via AIC distribution network as
set out in these Terms and Conditions.
2. Equipment Requirements
DSL or 2-way cable internet
access with sufficient bandwidth is required for reliable and quality iBuzz
service. For iBuzz service that comes with rented/leased hardware from AIC,
customer agrees not to change the electronic serial number or equipment
identifier of the equipment, or to perform a reconfiguration of the equipment,
without express permission from AIC. AIC reserves the right to terminate the
service should customer tampers with the equipment, leaving customer 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. In the event
customer terminates the service, he/she must return the equipment to AIC within
seven(7) days of the termination date otherwise customer authorizes AIC to
charge the value amount of the equipment to his/her account and customer will be
responsible for such payment. Customer agrees that the equipment shall at all
times remain the property of AIC, and that customer has no right, title or
interest therein. If, while in customer’s possession the equipment is damaged,
lost, stolen, or if, in AIC’s sole discretion, the equipment is returned in an
unusable condition, customer agrees to pay the replacement value of the
equipment. If, in AIC’s sole discretion, the equipment is not damaged beyond
repair, customer agrees to immediately place such equipment in good repair, at
customer’s sole cost, at locations specified by AIC. For iBuzz service that uses
AIC approved Equipment/Gateway that is owned by customer, AIC will not warrant
or guarantee the functionality and compatibility to iBuzz service. For Gateway
purchased directly from AIC, the original equipment warranty given by the
supplier to AIC will pass on to customer, subject to AIC handling charges.
3. Telephone Numbers
Customer does not have any
property right or any other rights to the telephone number(s), including numbers
for Canada and other countries, assigned by AIC. AIC reserves the right to
change or cancel the assigned telephone number(s) if AIC has reasonable grounds
such as technical reasons; different telephone numbers are assigned to AIC by
another authority; the applicable laws and regulations of that country has been
changed or any other reasons for changing or canceling it and reasonable advance
notice will be given by AIC to customer. Customer may port the number to other
Telecom Service Provider registered with the CRTC in accordance to the latest
CRTC regulations and procedures, provided that all outstanding payments to AIC
are made and that there is no violation of any service terms and conditions with
AIC before and after the number is ported.
In the case that customer is
porting their existing Telephone Number to AIC service, customer acknowledges
that there might be service interruption in the process of porting the telephone
number from his/her existing service provider and that AIC cannot guarantee the
date of service delivery due to the porting process involving third party.
Customer also acknowledges that he/she is responsible to contact his/her current
Internet service provider to ensuring Internet service continuity if an existing
ADSL service currently rides on the local circuit of the telephone number being
ported.
4. 9-1-1 Emergency Service
PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY.
By using or paying for the
services, customer acknowledges and agrees to all of the information below
regarding the limitations of using AIC Home Phone Service (Broadband), also
known as iBuzz for dialing 9-1-1.
Customer acknowledges and
understands that iBuzz service does offer a limited 9-1-1 type service, but
customer acknowledges and understands that such 9-1-1 type dialing differs in
important respects from traditional 9-1-1 service, as described herein.
Description:
iBuzz service allows you to make or receive telephone calls over the Internet to
or from the public switched telephone network. The nature of iBuzz telephone
calls, while appearing similar to traditional telephone calling services, create
unique limitations and circumstances, and customer acknowledges and agrees that
differences exist between traditional telephone service and iBuzz service,
including the lack of traditional 911 emergency services.
911 service:
Because of the unique nature of iBuzz telephone call, emergency calls to 911
through customer’s iBuzz service will be handled differently than traditional
phone service. The following provisions describe the differences and limitations
of 911 emergency calls, and customer hereby acknowledges and understands the
differences between traditional 911 service and iBuzz calls with respect to 911
calls placed to emergency services from his/her account as described below.
Placing 911 calls:
When customer makes a 911 emergency call, iBuzz service will attempt to
automatically route customer’s 911 call through a third-party service provider
to the Public Safety Answering Point ("PSAP") corresponding to customer’s
address of record on his/her account. However, due to the limitations of the
iBuzz telephone service, customer’s 911 call may be routed to a different
location than that which would be used for traditional 911 dialing. For example,
customer’s call may be forwarded to a third-party specialized call center that
handles emergency calls. This call center is different from the PSAP that would
answer a traditional 911 call which has automatically generated customer’s
address information, and consequently, customer may be required to provide
his/her name, address, and telephone number to the call center.
How customer information
is provided:
iBuzz service will attempt to automatically provide the PSAP dispatcher or
emergency service operator with the name, address and telephone number
associated with customer’s account. However, for technical reasons, the
dispatcher receiving the call may not be able to capture or retain customer’s
name, phone number or physical location. Therefore, when making a 911 emergency
call, customer must immediately inform the dispatcher of his/her location (or
the location of the emergency, if different). If customer is unable to speak,
the dispatcher may not be able to locate customer if his/her location
information is not up to date.
Correctness of information:
Customer is responsible for providing, maintaining, and updating correct contact
information (including name, residential address and telephone number) with
his/her account. If customer does not correctly identify the actual location
where he/she is located, or if customer’s account information has recently
changed or has otherwise not been updated, 911 calls may be misdirected to an
incorrect emergency response site.
Disconnections:
Customer must not disconnect the 911 emergency call until told to do so by the
dispatcher, as the dispatcher may not have his/her number or contact
information. If customer is inadvertently disconnected, he/she must call back
immediately.
Connection time:
For technical reasons, including network congestion, it is possible that a 911
emergency call will produce a busy signal or will take longer to connect when
compared with traditional 911 calls.
911 calls
may not function:
For technical reasons, the functionality of 911 iBuzz emergency calls may cease
or be curtailed in various circumstances, including but not limited to:
Failure of service of customer’s service access device – if
customer’s system access equipment fails or is not configured correctly, or if
customer’s iBuzz service is not functioning correctly for any reason, including
power outages, iBuzz service outage, suspension or disconnection of customer’s
service due to billing issues, network or Internet congestion, or network or
internet outage in the event of a power, network or internet outage; customer
may need to reset or reconfigure the system access equipment before being able
to use the iBuzz service, including for 911 emergency calls; and changing
locations – if customer moves his/her system access equipment to a location
other than that described in his/her account information or otherwise on record
with AIC.C.
Alternate service:
If
customer is not comfortable with the limitations of iBuzz 911 emergency
services, AIC recommends that customer should consider an alternate means of
accessing traditional 911 emergency services.
Inform
other users:
Customer is responsible for notifying, and customer agrees to notify any user or
potential users of his/her iBuzz service of the nature and limitations of 911
emergency calls on the iBuzz service as described herein.
Liability:
Customer is advised to review this section with respect to AIC’s limitations of
liability. Customer acknowledges and understands that AIC will not be liable for
any service outage and/or inability to dial 9-1-1 using iBuzz service or to
access emergency service personnel due to the 9-1-1 dialing characteristics and
limitations listed herein. Customer agrees to defend, indemnify and hold
harmless AIC, its officers, directors, employees, affiliates, agents and any
other service provider who furnishes services to customer in connection with
iBuzz service, from any and all claims, losses, damages, fines, penalties and
costs including solicitor’s fees by, or on behalf of, customer or any third
party or user of iBuzz service relating to the failure or outage of iBuzz
service, including those related to 9-1-1 dialing.
5. Other Service Distinctions
(a) Privacy and Security
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iBuzz, voice
over IP communication, utilizes in whole or in part, the public internet
and third party networks to transmit voice and other communications.
Customer acknowledges and understands that AIC cannot guarantee that
voice over IP communication is completely secure. AIC always respect
customer’s privacy and treat the content of all communications as
private, except as may be required by law. |
(b) Power Outages
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Customer
acknowledges and understands that the service would not function in the
event of power failure. Should there be an interruption in the power
supply, the service would stop function until power is restored. A
power failure or disruption may require customer to reset the equipment
prior to utilizing the service again. |
(c) Broadband Internet Service Interruption
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Customer
acknowledges and understands that the service would not function in the
event of interruption of your broadband or high-speed internet access
service. |
(d) Home Security Systems and other Non-voice Communications Equipment
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All non-voice
communications equipment, including but not limited to home security
systems that are set up for automatic phone call, fax machines, modems
and medical monitoring devices, may not be compatible with iBuzz
service. By accepting this Terms and Conditions, customer waives any
claim against AIC for interference with or disruption of such systems
due to the use of iBuzz service. |
6. Use of iBuzz Service
(a) Lawful, Non Fraudulent Use of Service and Broadband Voice Device
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Customer
agrees to use the iBuzz service and broadband voice device only for
lawful purposes. Customer will not use the iBuzz service or
broadband voice device for any unlawful, abusive, or fraudulent
purpose that would interfere AIC’s ability to provide services to
all customers; or avoid his/her obligation to pay for any related
communication services. In the event AIC has reason to believe that
customer or someone is abusing the service or using it fraudulently
or unlawfully, AIC can immediately suspend, restrict or cancel the
service without advance notice. In the event that customer removes
the broadband voice device to a country other than Canada and
attempts to use the service from there, customer is doing it at
his/her own risk, including the risk that such activity violates
local laws of that country. AIC reserves the right to terminate
customer’s service immediately and without notice if customer
violates the above restriction, leaving customer responsible for all
outstanding charges, all of which immediately become due and
payable. |
(b) Theft of iBuzz Device or Service
|
Customer
agrees to notify AIC immediately, in writing or by calling AIC
Customer Service Hotline, in the event that the broadband voice
device is stolen or if customer becomes aware at any time that
his/her service is being stolen or fraudulently used. When customer
calls or writes, he/she must provide the account number and a
detailed description of the circumstances of the theft or stolen of
the broadband voice device or fraudulent use of the service. Failure
to do so in a timely manner may result in the termination of
customer’s service and additional charges to his/her account. |
(c) Prohibited Uses of Service
|
Customer is
expressly prohibited from reselling or transferring the service or
AIC broadband voice device to any other person for any purpose.
Customer is also expressly prohibited from using the service for
auto-dialing, continuous or extensive call forwarding,
telemarketing, fax broadcasting or fax blasting, or for uses that
result in excessive usage inconsistent with normal residential or
home office usage patterns. In the event that AIC determines, in its
sole discretion, that customer’s service is being used for any of
the aforementioned activities, AIC reserves the right to immediately
terminate or modify the service and to assess additional charges for
each month in which excessive usage occurred. |
7. Commencement of Billing
Customer understands that
he/she is responsible for self-installing the phone adapter once he/she has
received it from AIC. Customer is encouraged to complete installation of the
phone adapter promptly as he/she will be responsible for full payment for the
charges on his/her AIC invoice even if he/she has not install the device nor use
the service at the time the invoice is rendered.
8. Customer's Responsibilities for Charges
| (a) |
Customer
will be charged an administration fee when he/she applies for or
changes the AIC Home Telephone Service Plan. |
| (b) |
Customer is
encouraged to check his/her equipment (such as telephone set, fax
equipment, ADSL modem and filter) before calling AIC repair service.
In case that customer requests a site visit and AIC field staff or
any AIC appointed contractor finds out that the fault is caused by
customer’s own equipment and/or internal wiring/facilities, customer
will be charged a site visit fee. |
9. Payment
Customer can choose annual
or quarterly payment for the AIC iBuzz service subscribed. Credit card or
pre-authorized auto-payment is mandatory. Customer is responsible for payment to
AIC of charges for all service(s) and equipment furnished by AIC. Interest will
be applied to overdue payment at 2% per month. Each unsuccessful pre-authorized
payment is subject to a $25 surcharge. Mail out invoice will be charged at $1
per month or the customer can choose to view his/her invoice details at
www.AICHomeTelephone.com without charges.
Customer’s registered name,
address and telephone number will automatically be published in the telephone
directory and/or available through directory assistance once subscribed to AIC
home telephone service unless customer has made appropriate arrangement to
remove his/her telephone number from the directory and pay a non-published fee
of $35 annually.
10. Charges at Termination of Service by Customer or by AIC
Customer may cancel the
service upon completing the minimum service period as defined by AIC at time of
service subscription. Request for service cancellation must be made one month in
advance to AIC by the registered customer. In case the service is terminated
within twelve (12) months of service subscription, AIC will charge the customer
$30 setup fee which was waived at the time of service activation. For customer
with the quarterly payment plan, no refund will be made for any prepaid service.
Customer must return all AIC provided equipment(s), if any, to AIC within 7 days
from service termination. AIC will not bear any associated shipping/ transport
costs. Service charge of $30 will apply for service reactivation.
11. Rates and Charges
The rates and charges for
the iBuzz service and/or international calling may change from time to time
without advance notice. In the event that AIC makes any changes to the rates and
charges, such changes would be posted on www.AICHomeTelephone.com or as listed
in the latest product sheets available at the AIC shops. Customer acknowledges
that the iBuzz service will continue automatically after each billing cycle
unless he/she notifies AIC in writing one month from the desired termination
date.
AIC AICOMpro and AIC ADSL Internet Services
1. Account Sharing & Multiple Logins
Customer hereby agrees that
during the continuance of AIC AICOMpro internet services, the account shall be
used exclusively by the name of the account holder/user and will not at any time
be shared or in any way be delegated to other user. Account share among two or
more users and/or logged in by other users simultaneously are strictly
prohibited. In the event of any breach of this Clause by customer, AIC shall
have the absolute right to forthwith cancel customer’s account and
disconnect/discontinue the internet service provided under this agreement
without having to give any prior notice and that customer shall have no right to
refund of any unused monthly service fee paid or to lodge any claim whatsoever
against AIC.
2. Lost or Stolen of Login Name and Password
If the login name and
password is lost, stolen or is suspected of being used without customer’s
permission, immediate notification must be given to AIC. Customer shall remain
liable for all dial up internet charges, not limited to the credit limit set by
AIC, made with the login name and password for 24 hours from the moment AIC
receives customer’s notification. A handling fee of $10.00 will be applied if
customer wishes to update his/her dial up internet login name and/or password.
3. Internet Use Policies
Customer is solely
responsible for use of the services by any of its employees, officers,
directors, agents and any other end user of the services (collectively, the "End
Users"). Customer agrees to comply, and to ensure that, the End Users comply
with the following policies and procedures associated with the use of the
services.
| (a) |
Rules |
|
Customer hereby expressly agrees
| (i) |
not to use the personal Web page for any commercial purposes; |
| (ii) |
not to allow the personal and/or commercial Web page(s)
to contain any information and/or services whether
directly, indirectly or by implication, would affect the
goodwill and/or business and/or service provided by AIC
or its affiliates; |
| (iii) |
not
to create any harassment to any person or persons using
the internet service whether or not they are customers
of AIC; |
| (iv) |
not
to post, transmit or otherwise distribute information
constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil
liability, or otherwise use the service in a manner
which is contrary to the laws of Canada and the law
prevailing in the countries so involved, or would serve
to restrict or inhibit any other user from using or
enjoying the service or the internet; |
| (v) |
not
to post or transmit messages constituting "spam", which
includes but is not limited to unsolicited e-mail
messages, inappropriate postings to news groups, false
commercial messages, mail bombing or any other abuse of
e-mail or news group servers; |
| (vi) |
not
to post or transmit any information or software which
contains a virus, "cancelbot", "Trojan horse", "worm" or
other harmful or disruptive component; or |
| (vii) |
not
to upload or download, post, publish, retrieve,
transmit, or otherwise reproduce, distribute or provide
access to information, software or other material which
is confidential or is protected by copyright or other
intellectual property rights, without prior
authorization from the rights holder(s); is defamatory,
obscene, child pornography or hate literature; or
constitutes invasion of privacy, appropriation of
personality, or unauthorized linking or framing. |
AIC shall have the absolute right and without having to give any prior notice to customer so affected
| (i) |
to refuse the customers’ Web page in whole or in part; |
| (ii) |
to withdraw the content of any Web page/site or any part
thereof from its World Wide Web servers |
|
| (b) |
Software and Documentation Supplied
Any software or
documentation supplied by AIC to customer to access the Internet is
provided solely for use in association with the service and shall
remain the property of AIC, as applicable. Customer is to take
appropriate steps to protect it against loss or damage. |
| (c) |
Customer’s Equipment
It is customer’s
responsibility to ensure that his/her computer system meets the
minimum requirements stated by AIC as being necessary to use the
service. From time to time, the computer equipment required to
access and use the service may change. Accordingly, customer’s
computer equipment may cease to be adequate to access and use the
service. |
| (d) |
Customer Can Best Control the Risk and Therefore Is
Responsible
AIC will not
assume any responsibility for customer’s acts or omission. Account
and password protection will be the customer’s responsibility. |
| (e) |
Monitoring
AIC has no
obligation to monitor the service. However, in order to protect
itself and its subscribers, AIC will be entitled to electronically
monitor the service from time to time and disclose any information
concerning the End User required by customer or that is necessary to
satisfy any law, regulation or lawful request. AIC will not
intentionally monitor or disclose any private e-mail message unless
required by law. AIC reserves the right to refuse to post, or to
remove any information or materials, in whole or in part, that it
determines, in its sole discretion, are unacceptable, undesirable,
or in violation of these policies. |
| (f) |
Content
Customer acknowledges that some content, products or services
available with or through the service ("content") may be offensive
or may not comply with applicable laws. Customer understands that
neither AIC nor any of its affiliates attempt to censor or monitor
any content. Customer also acknowledges that neither AIC nor any of
its affiliates have any obligation to monitor his/her use of the
service and, except as provided herein, have no control over such
use. Customer assumes total responsibility and risk for access to or
use of content and for his/her use of the service. AIC and its
affiliates assume no liability whatsoever for any claims or losses
arising out of or otherwise relating to customer’s access to or use
of content. |
| (g) |
Privacy
AIC cannot guarantee privacy for AICOMpro users. Customer’s messages
may be the subject of unauthorized third party interception and
review. AIC therefore recommends that the service not be used for
the transmission of confidential information. |
| (h) |
Miscellaneous
AIC’s failure to
insist upon or enforce strict performance of any provision of these
policies shall not be construed as a waiver of any provisions or
right. If any of the provisions contained in these policies are
determined to be void, invalid or otherwise unenforceable by a court
of competent jurisdiction, such determination shall not affect the
remaining provisions. |
4. Copyright
All Web pages and all
graphical images designed and provided by AIC shall remain the property of AIC.
All the contents and images on AICOMpro Internet are protected by copyright.
Any reproduction of any of the Web pages and/or graphical images and/or contents
and/or images on AICOMpro internet without the written authorization of AIC or
the respective copyright owners is infringement of copyright and will be
actively restrained by the due process of law including but not limited to
injunctions and claims for damages by AIC or the copyright owners.
5. Payment
Other than the quarterly
payment plan, AIC bills one month in advance for ADSL service and Dial up
Internet service. The first invoice will include charges for the service of
ensuing month including selected features. Credit card or pre-authorized
auto-payment is mandatory for ADSL service. Customer is responsible for payment
to AIC of charges for all service(s) and equipment furnished by AIC. Interest
will be applied to overdue payment at 2% per month. Each unsuccessful
pre-authorized payment is subject to a $25 administration fee. Mail out invoice
will be charged at $1 per month or customer can choose to view his/her invoice
details at
www.aicom.com without charges.
6. Asymmetric Digital Subscriber Line Service ("ADSL")
| (a) |
Service Availability
The ADSL service
is only available where AIC is able to provide such service.
Customer acknowledges that there is a limitation on both download
and upload speed in areas where AIC is able to provide ADSL service.
Due to the technology involved with ADSL service, AIC reserves the
right to deem ADSL service unavailable to customer, including after
installation. If such an event occurs, customer must return all ADSL
service equipment provided to him/her by AIC in its original good
and proper physical and functional condition and with the specified
time as stated below. |
| (b) |
Return of ADSL Equipment
When customer
cancel his/her ADSL service, or if AIC has deemed the ADSL service
unavailable as mentioned above, customer agrees to return all ADSL
equipment, which includes but not limited to the ADSL modem and
router, within seven (7) days of said cancellation or notice of
unavailability. If customer fails to return such equipment within
said seven (7) days, customer will be charged and he/she agrees to
pay full replacement value of the said equipment. |
7. Terms and Termination of AIC ADSL Internet Service
| (a) |
The initial
term of service will begin the first day the service is operational
or as otherwise set out in the Service Schedules given to customer
by AIC when he/she subscribes for the service. Such service will
automatically renew for the same successive term unless the customer
gives AIC a written notice of cancellation at least seven (7) days
before completion of initial or subsequent term. |
| (b) |
If customer
subscribes for services for a specific term, he/she may cancel the
service schedule before the end of the term, provided that customer
give AIC seven (7) days prior written notice and pay AIC a
cancellation fee corresponding to monthly package fee multiplied by
the number of months remaining in the AIC agreement. |
| (c) |
If customer
has subscribed for services which will automatically renew after the
first term, customer agrees he/she is responsible for payment of
subsequent terms for such services, and give AIC permission to
charge his/her account with the renewal amount, unless customer
notify AIC in writing seven (7) days prior to automatic renewal of
his/her intention not to renew. |
| (d) |
If customer
has prepaid for services for a specific term and wish to cancel such
services before the end of the specific term, AIC will not provide
customer with a refund for such prepaid amount. |
| (e) |
Applicable
surcharges will be required for ADSL installations in certain
geographic regions within BC. Any ADSL service provided on the CRTC
registered Incumbent/ Competitive Local Exchange Carrier telephone
line will be considered normal ADSL service, otherwise the ADSL
service will be considered "Naked" ADSL service and additional
monthly surcharges will apply accordingly. |
8. Relocation / Plan Change of AIC ADSL Internet Services
Upgrade or downgrade of ADSL
Internet service plan, relocation or change of ADSL Internet account information
will be treated as an activation of a new service thus installation/activation
fee would apply. Customer acknowledges that during the process of any changes
required, service disruption might be anticipated.
9. Disclaimer
It is hereby expressly
agreed and acknowledged by customer that views or opinions expressed or found on
AICOMpro Internet World Wide Web servers are not and will not in any way form
the views or opinions of AIC, its employees, affiliates, subscribers and
clients. Neither AIC nor any of its employees, affiliates, subscribers and
clients represent or warrant the accuracy or reliability of any information
contained in the AICOMpro Internet World Wide Web servers. AIC hereby expressly
disclaims all liabilities on the part of AIC, its employees or any of its
client’s employees, affiliates, and subscribers and clients in respect of
inability or failure to ship, deliver, update or verify the accuracy or
completeness of any data or information or to provide any product, service or
merchandise available for sale or purchase which should have been available on
the AICOMpro Internet World Wide Web services. The contents and information
found on the AICOMpro Internet World Wide Web servers are subject to change
without notice. AIC prohibits any material that is of a pornographic nature on
its World Wide Web servers. AIC also prohibits any illegal activity in
contravention with the laws of Canada.
version: November 01, 2009
|