PRIMUS TELECOMMUNICATIONS CANADA INC. ("PRIMUS")
COMMERCIAL BROADBAND VOICE SERVICE (TALKBROADBANDTM)
TERMS AND CONDITIONS
General. For the purposes of these Terms and Conditions and related agreements, "You" “Your” includes an applicant/person/customer and the user of this service, corporation or other type of business/organization/legal entity, which has subscribed for Service. The term “service” means PRIMUS’ Broadband Voice Service (“Service”). “Equipment” means the equipment provided to You by PRIMUS for the purposes of providing You with the Service (“Equipment”).
THERE ARE IMPORTANT 9-1-1 TERMS RELATED TO THIS SERVICE, PLEASE REVIEW BELOW. BY ACTIVATING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS MAY BE CHANGED AND UPDATED FROM TIME TO TIME BY PRIMUS. PRIMUS WILL POST UPDATED TERMS AND CONDITIONS ON ITS WEBSITE AVAILABLE AT www.primustel.ca OR YOU CAN CALL CUSTOMER SERVICE FOR A COPY. YOUR CONTINUED USE OF THE SERVICES THEREAFTER WILL BE DEEMED ACCEPTANCE BY YOU OF SUCH CHANGES. PLEASE KEEP CHECKING OUR WEB SITE FOR THE LATEST TERMS AND CONDITIONS.
1. Term and Termination. Commencing on the date PRIMUS activates Your Service, the first sixty (60) days of a one (1) year term will be considered a trial period (“Trial Period”), during which You may return the Equipment and cancel the Service with no penalty. Upon cancellation of Service, You will remain responsible and agree to pay for all charges which You owe PRIMUS until You have paid Your account in full. The Equipment must be returned in accordance with Section 5 below, otherwise, charges may apply. Unless You send PRIMUS advance written notice of cancellation subsequent to the Trial Period, Service will automatically continue for the remaining ten months (“Initial Term”). You agree Service will automatically renew for subsequent one year terms (“Renewal Terms) after the Initial Term unless You give PRIMUS written notice of non-renewal at least thirty (30) days before the end of the Initial Term and Renewal Terms. You may cancel Service before the end of the Initial Term or Renewal Terms, provided that You give PRIMUS thirty (30) days prior written notice and provided that You pay PRIMUS a cancellation fee equal to fifty (50)% of the average monthly usage, where usage is applicable and 50% of the monthly recurring charge for the Service multiplied by the number of months in the unexpired portion of the Initial Term or Renewal Terms in effect at the time. The Initial Term and Renewal Terms are sometimes collectively referred to herein as the "Term".
2. Use of Service. You agree to use the Service and Equipment only for lawful purposes. PRIMUS reserves the right to terminate the Service immediately and without notice if PRIMUS, in its sole discretion, believes that You have violated this clause, leaving You responsible for the full charges to the end of the current term, including all unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Equipment provided to You and agree to indemnify and hold harmless PRIMUS against any and all liability for any such use that does not to comply with this Section. You agree not to resell or transfer the Service (or the Equipment, if You have not purchased the Equipment) to any other person for any purpose, or make any charge for the use of the Service, without prior written permission from PRIMUS.
3. Equipment. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a reset of the Equipment, without express permission from PRIMUS in each case. PRIMUS reserves the right to terminate your Service should you tamper with the Equipment, leaving you responsible for the full charges to the end of the current term, including all unbilled charges, all of which immediately become due and payable.
Unless You have purchased the Equipment from PRIMUS, You agree that the Equipment will at all times remain the property of PRIMUS and that You have no right, title or interest therein. In the event the Services are terminated and You have not purchased the Equipment from PRIMUS, You must return the Equipment to PRIMUS within thirty (30) days of termination date otherwise You authorize PRIMUS to charge the value amount of the Equipment to Your account and You will be responsible for such payment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in PRIMUS’ sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in PRIMUS’ sole discretion, the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by PRIMUS. You acknowledge that performing a reset of the Equipment without permission from PRIMUS may cause Service malfunction and any damage to the Equipment caused by such malfunction will be Your responsibility. Where the Equipment is owned by PRIMUS, You will be responsible for charges for damage to the Equipment.
4. Fraud. You agree to notify PRIMUS immediately, in writing or by calling the PRIMUS Customer Care at 1-888-501-8430, if the Equipment is stolen or if You become aware at any time that your Service is being stolen or fraudulently used. When You call or write, You must provide Your account number and a detailed description of the circumstances of the Equipment theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to You. You will be liable for all use of the Service using Equipment stolen from You and any and all stolen Service or fraudulent use of the Service.
5. North America Long Distance Plan. This plan includes all calls to Canada and fifty (50) US states. PRIMUS reserves the right to apply surcharges for calls to Yukon, Northwest & Nunavut Territories, and calls to Alaska & Hawaii.
6. Free Local Calling. Free local calling is limited to a maximum 10,000 local minutes per TalkBroadband line per month. In the event of excess usage, additional charges will apply and PRIMUS reserves the right to suspend or terminate Service.
7. Remote Access. You must enable Your remote access on Your network, otherwise You will incur additional charges for all Service and support calls.
8. SERVICE LIMITATIONS.
a) NOT A TELEPHONE SERVICE. You acknowledge and understand that the Service is
not a telephone service. The Service connects to the Internet, and not a telephone
line. There are IMPORTANT DIFFERENCES between telephone service and the Service
offering provided by PRIMUS as set out in these Terms and Conditions.
b) LIMITATIONS. 9-1-1 SERVICE ASSOCIATED WITH TALKBROADBAND™ HAS
CERTAIN
LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW.
c) IF YOU DIAL 9-1-1, YOU WILL BE AUTOMATICALLY ROUTED TO A SPECIALIZED CALL
CENTRE THAT HANDLES EMERGENCY CALLS. THE CALL CENTRE IS DIFFERENT FROM THE
PUBLIC SAFETY ANSWERING POINT (PSAP) THAT WOULD ANSWER A TRADITIONAL EMERGENCY
CALL. YOU MAY BE REQUIRED TO PROVIDE YOUR NAME, TELEPHONE NUMBER AND ADDRESS
TO THE CALL CENTRE OPERATOR.
d) YOU AGREE TO NOTIFY PRIMUS CANADA IMMEDIATELY SHOULD YOU INTEND
TO CHANGE YOUR USE OF YOUR TALKBROADBAND™ SERVICE, INCLUDING WITHOUT LIMITATION,
SHOULD YOU MOVE THE LOCATION OR MUNICIPAL ADDRESS FROM WHICH YOU USE YOUR TALKBROADBAND™ SERVICE.
e) YOU UNDERSTAND AND ACKNOWLEDGE THAT A) SHOULD YOU CHANGE YOUR USE
OF YOUR TALKBRAODBAND™ SERVICE WITHOUT FIRST NOTIFYING PRIMUS CANADA
AND/OR B) SHOULD YOU CHOOSE TO OPERATE YOUR SERVICE OUTSIDE OF YOUR MUNICIPAL
ADDRESS
AS REGISTERED WITH PRIMUS EITHER TEMPORARILY OR PERMANENTLY, 9-1-1 SERVICE
WILL NOT OPERATE PROPERLY AND YOUR ABILITY TO ACCESS 9-1-1 SERVICE WILL BE
ADVERSELY AFFECTED.
f) YOU ACKNOWLEDGE AND AGREE THAT PRIMUS ITS AFFILIATES, DIRECTORS,
EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY,
DEATH OR
DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING
TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PRIMUS (AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS)
FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE
LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR
INDIRECTLY OUT OF OR RELATING TO 9-1-1 SERVICE WITH TALKBROADBAND™.
g) SERVICE OUTAGES. You acknowledge and understand that during service outages
by Your broadband Internet service provider or for any reason whatsoever, your
TALKBROADBAND™ Service INCLUDING 9-1-1 SERVICE, will not work.
h) LOSS OF SERVICE DUE TO POWER FAILURE. You acknowledge and understand in
the event of a power failure, TALKBROADBAND™ Service, INCLUDING
9-1-1 SERVICE will not work. If there is an interruption in the power supply, the
TALKBROADBAND™ Service, INCLUDING 9-1-1 SERVICE, will not function until
power is restored. A power failure or disruption may require You to re-set
or reconfigure Equipment prior to using the TALKBROADBAND™ Service.
i) SERVICE OUTAGE DUE TO SUSPENSION OF YOUR ACCOUNT. You acknowledge and understand
that service outages due to suspension of Your account as a result of billing
issues will prevent TALKBROADBANDTM Service, INCLUDING 9-1-1 SERVICE.
j) OPERATOR SERVICES CURRENTLY NOT AVAILABLE. PRIMUS does not currently offer
Operator Service.
9. Credit and Personal Information. You consent and agree that PRIMUS
has the right to check Your credit rating from time to time. You represent
that You are of legal age to enter into an agreement for Service and are
of legal age to be able to agree to these Terms and Conditions. You agree
that You will give PRIMUS prior written notice of any changes to Your billing
information, including but not limited to Your new address and contact information.
You consent to the receipt and provision of account information from and
to credit grantors, credit bureaus and suppliers of services. We respect Your personal information and adhere to our Privacy Policy. You can read our Privacy Policy at http://primustel.ca/en/legal/privacypolicy .
10. Provision of Service. The Service is only available where PRIMUS
is able to provide such Service. You acknowledge and agree that PRIMUS may
conduct a preliminary check to determine if the Service is available in Your
area. PRIMUS is not required to provide Service to a You where: 1) PRIMUS
would have to incur unusual expenses which You will not pay; for example,
special construction; 2) You owe amounts to PRIMUS that are past due other
than as a guarantor; 3) You do not provide credit information satisfactory
to PRIMUS or reasonable deposit.
11. Payments and Billing. Fixed charges are payable monthly in advance
and other charges are payable when billed. You are responsible for payment
to PRIMUS of charges for all Service(s) and Equipment furnished to You. A
late payment charge applies when payment has not been received thirty (30)
days
after the date of the statement of account for Service. This charge is a
monthly compound rate of 1.5%. An administrative fee will be charged for
any payments
returned for non-sufficient-funds (“NSF”). No charge disputed by You can be
considered past due unless PRIMUS, at its sole discretion, has reasonable grounds
for believing that the purpose of the dispute is to evade or delay payment.
You acknowledge that PRIMUS will not issue cheques for refunds for amounts
lower than ten dollars ($10.00). In the alternative, You agree that any refunds
lower than ten dollars ($10.00) will be credited against Your account. Unless
there has been deception with regard to a charge, You are not responsible for
paying a previously unbilled or under billed charge except where: 1) in the
case of a recurring charge it is correctly billed within a period of one year
from the date it was incurred; or 2) in the case of a non-recurring charge,
it is correctly billed within a period of 150 days from the date it was incurred.
In the case of a recurring charge that should not have been billed or that
was over billed, You will be credited with the excess back to the date of the
error, subject to applicable limitation periods provided by law. However, if
You do not dispute the charge within 150 days of the date of an itemized statement
which shows that charge correctly, PRIMUS will not credit such charge for the
period prior to that statement. Non-recurring charges that should not have
been billed or that were over billed will be credited, provided that You dispute
such charges within 150 days of the date of the bill. Additional terms and
conditions apply for e-billing. Please ask customer service for details.
12. Suspension or Termination of Services.
a) General. You acknowledge that PRIMUS may terminate the Services
immediately, without any notice and without any indirect or direct liability
to You whatsoever, if, at the sole discretion of PRIMUS , You misuse or permit
others to misuse or abuse the Services for purposes that are contrary to
law or contrary to these Terms and Conditions and/or if PRIMUS has to preserve
the integrity of the network, or comply with laws and other tariffs.
b) Overdue/Non-Payment. PRIMUS may suspend or terminate the Services
if You fail to pay Your account that is past due. Where the reason for suspension
and/or termination is for reason of failure to pay, prior to suspension or
termination, PRIMUS will provide You with notice, stating the reason for
the proposed suspension or termination and the amount owing (if any). Where
PRIMUS’ reasonable
efforts to notify You of termination for non-payment have failed, PRIMUS will
deliver such advance notice to the billing address provided by You.
c) Your Responsibility Upon Termination. You acknowledge and agree
that termination or suspension does not remove Your responsibility to pay
all fees owed by You to PRIMUS up to the date of termination or suspension.
13. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. PRIMUS, AND ITS
AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS-IS" AND
MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK
OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN
OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY
OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. THE PARTIES AGREE THAT
PRIMUS, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST
PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY
THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT
OF THESE TERMS AND CONDITIONS AND ANY RELATED AGREEMENTS, WHETHER IN AN ACTION
ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT
TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL
OR EQUITABLE THEORY. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION
FINDS PRIMUS LIABLE, YOUR EXCLUSIVE REMEDY AND PRIMUS' SOLE LIABILITY, FOR
DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING
NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES PURCHASED
BY YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE
DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST PRIMUS MAY BE COMMENCED
MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. THE PROVISIONS
OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
14. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
PRIMUS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS
FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING
REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THESE TERMS AND CONDITIONS
BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE
TERMS AND CONDITIONS.
15. PRIMUS Intellectual Property. PRIMUS and/or its affiliates and licensors
are the exclusive owners of all names, trade-marks, tradenames, service marks
and any copyright material relating to the Services ("Intellectual Property").
Nothing in these Terms and Conditions contemplates or creates permission of use
of Intellectual Property for any marketing or advertisement by You or a transfer
of license of Intellectual Property from PRIMUS to You.
16. Notices and Other Communications. Any notice or other communication
will be in writing and will be provided by personal delivery or by e-mail or
facsimile to PRIMUS or You as applicable, at the e-mail address or regular
address or facsimile number as set forth in Your service order(s). Notices
delivered in person will be effective on the date of such delivery. Notices
delivered by e-mail or facsimile will be effective on the date of transmission
provided printed proof of transmission is obtained.
17. Assignment. You may not assign, resell or transfer the Service to
a third party without the prior written consent of PRIMUS .
18. No Waiver. The terms and provisions of these Terms and Conditions
may only be waived in writing signed by PRIMUS. No failure by PRIMUS to insist
upon Your performance of any obligation in these Terms and Conditions will
constitute a waiver of the obligation.
19. Severability. The invalidity, illegality or unenforceability of
any one or more provisions of these Terms and Conditions will not impair any
other provision in these Terms and Conditions.
20. Language. You confirm that You accept these Terms and Conditions,
as well as all other related documents, including notices, in English only,
unless You specifically request French correspondence. Residents du Québec Seulement - Les parties aux présentes confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, soient rédigés en anglais seulement, à moins d’une demande expresse de l’une des parties à l’effet que les documents échangés soient rédigés en français.
21. Jurisdiction. These Terms and Conditions and any related agreements
will be governed in all respects by the laws of the Province of Ontario, Canada.
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