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 shall refer to the Voice over IP broadband
phone 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 long
distance/international telecommunications services, AICOMpro and
ADSL internet services, iBuzz services and related services
offered by AIC or its affiliates. The 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 and AIC Local Phone Service rate
schedules. 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. 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. AIC and
AICOMpro rates and charges will be calculated on a calendar
monthly basis and will not be pro-rated. 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 handle billing and payment for all customers purchasing
AIC provided hardware and subscribing to AIC services. Thus, all
payment for AIC provided hardware and services should be payable
to AIC. Mail out invoice will be charged at $1 per month. No
charge for mailing of invoice if customer subscribes to AIC's
local phone service or customer can choose to view his/her
invoice details at www.aicom.com at no cost. 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 the customer to check and ensure that any payment made
through the bank is credited to AIC account on or before due
date. In the event of non-payment or dishonored cheque, the
customer shall, in addition to the outstanding charges stated in
the invoice, pay to AIC a service charge that shall be fixed by
AIC. The customer hereby agrees and authorizes AIC to debit
his/her credit card account with the outstanding amount owed to
AIC and the aforesaid service charge for late payment. This
authorization shall continue in effect until all outstanding
payments are settled. The minimum amount per credit card transaction is $5. Any credit balance will appear in your next bill. Each returned cheque, unsuccessful
pre-authorized payment or default in payment is subject to a $25
surcharge. Interest will be applied to overdue payment at 2% per
month. 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 the
customer to provide a deposit for such sum and in such manner as
AIC may consider appropriate as security towards payment of any
outstanding amounts due by the customer. AIC shall have the
right to apply such security deposit towards the outstanding
amounts and all necessary hardware(s) loaned out to customer for
all AIC related services without having to obtain prior
authorization from the customer.
7. Liability for Loss and Damage
The customer acknowledges that under no circumstances AIC shall
be held liable to the 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 the 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 the customer a credit
risk |
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c) |
customer does not have any usage activity for twelve months
or more |
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d) |
customer does not abide by the Local and Federal Government
Departments' rules and regulations |
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e) |
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 the
customer, customer shall not claim refund of any unused service,
set-up, administrative or activation fees that has 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 and/or AIC broadband phone service. 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.
11. Loss of Equipment
All risk of loss, damage, theft or destruction to AIC ADSL
and/or AIC broadband phone 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 a customer's AIC ADSL and/or AIC broadband phone
is/are lost, stolen or suspected of being used without the
customer's permission, immediate notification must be given to
AIC. Customer shall remain liable for all service charges
incurred with the services for 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 the
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. 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.
AIC Long Distance Services
1. Personal Identification Number (PIN)
AIC may issue a PIN to the 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
the 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.
AIC Home Telephone Services Terms & Conditions
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 the 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 the 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 the Customer
Customer may cancel the service at any time as long as advance notice is given to AIC no later than the 25th day of the month. 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 |
Customers who do 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 is encouraged to check his/her equipment (such as telephone set, fax equipment, ADSL modem and filter) before calling AIC repair service. In the case that customer requests a site visit from AIC and AIC staff finds out that the fault is caused by customer・s own equipment, 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 the customer connection point. Unless the reason for suspension has already been corrected, termination of service occurs automatically 30 days after suspension when AIC removes the customer's account from the list of active account. AIC will suspend customer's account only if the customer:
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i) |
fails to pay AIC home telephone service monthly fee and related charges; |
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ii) |
fails to make a payment under a deferred payment arrangement; |
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iii) |
uses or allows others to use any AIC services in a way that prevents fair and proportionate use by others; |
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iv) |
uses or allows others to use any AIC services illegally or to make annoying or offensive calls; or |
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v) |
is a company, which becomes bankrupt or has a receiver or receiver-manager, appointed to govern the customer's affairs. |
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However, AIC must inform the customer or another responsible person at the customer's premises at least 24 hours prior to suspension of service, except if: |
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i) |
repeated efforts to contact customer have failed; |
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ii) |
immediate action must be taken to protect AIC or other persons from harm resulting from the customer's facilities or equipment; or |
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iii) |
the suspension occurs because the 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 the customer's service, the 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 written notice will be given by AIC to the customer.
9. Customer's Liability
If customer applies AIC home telephone service for the property or premises occupied but not owned by the 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 the customer・s facilities or equipment, the 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 the customer's property or premises or recorded by the 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 the 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 the 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 the customer for any defects in those cases.
iBuzz - AIC Home Telephone Service (Broadband)
1. Service Requirements
iBuzz service requires a specialized customer premises equipment called a broadband voice device (hereinafter also referred to as Gateway) which AIC will provide to customer for connectivity from a regular telephone handset, that is supplied by 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 in each case. AIC reserves the right to terminate the service should customer tamper 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 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 will 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.
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 written notice will be given by AIC to the customer.
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 iBuzz service for dialing 9-1-1.
Customer acknowledges and understands that the 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. Customer agrees to advise all individuals of this limitation who may have occasion to place calls over iBuzz service from the location at which he/she has installed it.
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(a) |
9-1-1 emergency dialing is only available on devices or equipment (Gateway) provided by AIC for use with iBuzz service. |
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(b) |
9-1-1 type dialing capabilities with iBuzz service when customer dials 9-1-1: Customer・s call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be local emergency service personnel designated for the address customer listed at the time he/she subscribed to iBuzz service. AIC can only route customer・s 9-1-1 calls to the closest emergency service center in four major cities in Canada, namely Vancouver, Toronto, Calgary and Edmonton. If customer is using the iBuzz service in an address which is different from the address customer listed at the time of subscription, he/she can inform AIC and the account can be updated to choose either Vancouver, Toronto, Calgary or Edmonton as the primary emergency area. Customer dials 9-1-1 using iBuzz service in areas other than these four cities will not be guaranteed that his/her call can be routed to the closest emergency service center. In addition, iBuzz 9-1-1 service works differently than traditional 9-1-1 service as follows: |
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(i) |
iBuzz 9-1-1 service will not function if the Gateway fails or is not configured correctly or if customer・s iBuzz service is not functioning for any reason, including, but not limited to, in the event of a power outage, broadband service outage, or suspension or disconnection of iBuzz service because of billing issues. If there is a power outage, customer may be required to reset the Gateway prior to being able to use iBuzz service, including for 9-1-1 purposes. |
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(ii) |
9-1-1 dialing
will not function correctly if customer moves his/her
Gateway to a location other than that provided to AIC at
the time customer activated iBuzz device. In such event, in order to have 9-1-1 calling routed correctly, customer must update his/her service address by notifying AIC immediately. |
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(iii) |
The local
emergency service dispatcher receiving customer・s 9-1-1
call through iBuzz service may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 9-1-1 calls. Therefore, if customer dials 9-1-1 using the iBuzz service, customer must immediately inform the dispatcher of his/her location or the location of the emergency, if different. Customer must ensure not to disconnect the line, as the dispatcher may not have a phone number to use to call back. If customer is unable to speak and describe his/her location, the emergency dispatcher may not be able to locate the customer. If customer dial 9-1-1 and hang up the receiver, his/her call will be disconnected. |
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(iv) |
For technical
reasons associated with the possibility of network
congestion, with iBuzz service, there is a possibility that customer・s 9-1-1 calls will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls. |
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(v) |
At the time of
subscription or notice of moving for iBuzz service, if customer does not correctly identify the actual location of where his/her Gateway will be located, 9-1-1 communications may be misdirected to an incorrect local emergency service provider. |
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(vi) |
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, it 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
Suspension of service occurs when AIC prevents calls from being made or completed through the customer connection point. Unless the reason for suspension has already been corrected, termination of service occurs automatically 30 days after suspension when AIC removes the customer's account from the list of active account. AIC will suspend customer's account only if the customer:
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(a) |
Privacy and Security 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. |
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(b) |
Power Outages 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. |
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(c) |
Broadband Internet Service Interruption Customer acknowledges and understands that the service would not function in the event of interruption of your broadband or high-speed Internet access service. |
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(d) |
Home Security Systems and other Non-voice Communications Equipment 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
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(a) |
Lawful, Non Fraudulent Use of Service and Broadband Voice Device 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 your 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. |
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(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 your service and additional charges to your account. |
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(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 your 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 broadband voice device once he/she has received it from AIC. Customer is encouraged to complete installation of the broadband voice device 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. Payment
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.
9. Cancellation of Service by Customer or AIC
Customer may cancel the service at any time by calling AIC Customer Service Hotline or visit one of our Customer Service Centers. iBuzz service is count on monthly basis, customer may cancel iBuzz service at anytime, provided he/she gives AIC notification no later than 25th of the current month. Customer must return all AIC equipment(s), if any, to AIC within seven (7) days of cancellation and AIC will NOT bear any associated shipping costs. Cancellation fee of $30 for terminate service within twelve months of subscription and other charges will apply. Re-activation fee of $30 will apply if customer has previously cancelled iBuzz service.
10. 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. Customer acknowledges that the iBuzz service will be automatically continued unless he/she notifies AIC in writing at least seven (7) working days before the required 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 the customer, AIC shall have the
absolute right to forthwith cancel the 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 the 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.
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(a) |
Rules |
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Customer hereby expressly agrees |
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(i) |
not to use the personal Web page for any commercial
purposes; |
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(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; |
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(iii) |
not to create any harassment to any person or persons
using the internet service whether or not they are customers of AIC; |
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(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; |
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(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; |
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(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 |
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(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. |
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AIC shall have the absolute right and without having to give any
prior notice to the 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 |
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(b) |
Software and Documentation Supplied
Any software or documentation supplied by AIC to the 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. |
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(c) |
Customer's Equipment
It is the 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. |
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(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 the
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. |
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(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 f confidential
information. |
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(h) |
Confidential Information
Customer authorizes AIC to collect from any party and to retain
all relevant information relating to his/her use of the service,
and customer hereby authorizes any party to provide AIC with
such information. Customer understands and agrees that, unless
he/she notifies AIC to the contrary by e-mail, he/she further
authorizes AIC to disclose, on a confidential basis, to any
party with whom AIC has business relations all relevant
information relating to his/her dealings with the service.
This information may be used to provide customer with better
service. AIC will open and maintain a file in customer's name,
which file will be kept at its head office. Customer may access
his/her customer file free of charge upon 24 hours prior written
request to the AIC Business Office.
Customer can submit his/her request in writing by selecting
:Contact Us; on the AIC home page (www.funfun2.com on the
Internet). If any information contained in customer's file is
inaccurate, he/she may make a written request for rectification,
specifying the information to be rectified and explaining the
inaccuracy to AIC Business Office. |
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(i) |
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
AIC bills one month in advance for ADSL service and Dial up
Internet service. The first invoice will include charges for the
service of second month including selected features. Credit card
or pre-authorized auto-payment is a MUST 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. Dial-up Account Parking
Dial-up service can be temporarily de-activated up to one month.
If the parking period exceeds one calendar month, customer shall
pay AIC full month service fee.
7. Asymmetric Digital Subscriber Line Service ("ADSL")
|
(a) |
Service Availability
The ADSL service is only available where AIC is able to provide
such 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. |
8. 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 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 year, 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. |
9. 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.
10. Disclaimer
It is hereby expressly agreed and acknowledged by the 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.
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