|Click Here To Print|
|Terms of Service & Internet Use Policy|
Terms of Service
1.1 TekSavvy Solutions Inc. carries on business directly and/or through various subsidiaries and affiliates (individually and collectively “TekSavvy” or “TSI”).
1.2 The following terms and conditions of service (“Terms of Service”) govern your (“Customer”) use of the Services as defined below. Any TekSavvy document(s) describing the plans, features or products you have selected and any other document(s) incorporated by reference (collectively, “Governing Documents”) together with these Terms of Service constitute our agreement with you (“Agreement”). If there is any inconsistency between the Governing Documents and these Terms of Service, these Terms of Service will prevail.
1.3 “us”, “we”, “our” or “ourselves” means the TekSavvy entity(ies) named in the Agreement.
1.4 “Service” or “Services” means the wireline local telephone services, wireline long distance telephone services, Internet services (using either dial-up or high-speed digital subscriber line (“DSL”), cable, wireless or other technologies), additional services, capabilities added onto the preceding services, and bundles of any of the foregoing services to which you subscribe under the Agreement or receive from or through TekSavvy, including related documentation, Software (as defined in Section 1.6) and Equipment (as defined in Section 1.5).
1.5 “Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services and in the case of Equipment supplied by or through us also includes all related documentation.
1.6 “Software” means any software used to access the Services or used in conjunction with the Services, and in the case of Software supplied by or through us also includes all related documentation.
1.7 “Residents of Québec” means residents of Québec who enter into an Agreement or to whom the Consumer Protection Act (Québec) applies.
2. General Acknowledgement
2.1 All Services are prepaid with the exception of pay per use long distance and are charged immediately, identified as “TSI INTERNET” on the Credit Card and Bank statements
2,2 For all new registrations, the first month’s charge and/or activation fees are non-refundable. A refund will only be given to accounts that cannot receive Service. Delays in activation due to improper information provided by you the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non-serviceable events. TekSavvy must be allotted the opportunity to complete its troubleshoot before a refund/credit will be issued.
2.3 TekSavvy or any of its agents or third party providers are only responsible to bring/provide Service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment.
2.4 TekSavvy or any of
its agents or third party providers cannot be held accountable or responsible
under any circumstance or condition for any cancellation fees or costs incurred
by you from you previous service providers.
2.6 If paying by PAP please note that hardware will not be shipped until payment has cleared the bank which may take up to 6 business days.
2.7 High Speed DSL:
2.7.1 A $25.00 administration fee, will be charged for account changes within the first month of Service which include but are not restricted to, a change of phone provider or phone number, moving, etc.
2.7.2 A $19.99 servicing fee may apply to customers using our Dry Loop DSL Service if additional work is required at your location.
2.7.3 Under no circumstance or condition is TekSavvy or any of its agents or third party providers responsible to disconnect/cancel your current provider during your transition to TekSavvy.
2.8.1 If you are moving your
phone line from a Wholesaler (example: Rogers) you will lose your DSL internet
signal. We ask that you contact your Internet service provider to inform
them of the change.
2.8.3 If you cancel your phone order prior to your activation date with less than a two business day notice, your $25 activation fee is not refundable.
2.8.4 You accept that if you have no Long Distance plan you will be charged our per minute rate for all "Canada & U.S. Long Distance calls" and as per our International rates for any calls terminating outside Canada and/or the U.S.A.
2.8.5 You accept that all 900/976 and Collect Calls are not available with TekSavvy Home Phone Service.
2.9 Long Distance:
2.9.1 Upon call completion (call being answered which includes an answering machine) a minimum 30 second charge will apply. After the first 30 seconds, billing occurs in 6 second intervals and the final charge will be rounded to the closest penny.
2.9.2 Prices are subject to change at any time without notice.
2.9.3 You understand and acknowledge that this Service is post paid; therefore you may incur charges for calls made prior to your cancellation.
3. Service Changes and Amendments to the Agreement
3.1 Not applicable to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, any charges, features, content, structure or any other aspects of the Services, as well as any term or provision of the Agreement, upon notice to you. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 11.2. If you do not accept a change to these Terms of Service, your sole remedy is to retain the existing Terms of Service unchanged for the duration of the Contract Period (as defined below), upon notice to us within 30 days of your receipt of our notice of change in the Terms of Service.
3.2 Applicable to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you, which will include the new clause only, or the amended clause and the clause as it read formerly and will be setting out the coming into force of the amendment: a) with respect to a plan or Service not subscribed to for a Contract Period (as defined below), any charges, features, content, functionality, structure or any other aspects of the plan or Service, as well as any term or provision of the Agreement, and b) with respect to a plan or Service subscribed to for a Contract Period, any aspect of the plan or Service, as well as any term or provision of the Agreement, other than essential elements of the plan, Service or Agreement. If the change entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate your Services without an ETF (as defined in Section 8.12) by sending us a notice to that effect no later than 30 days after the amendment takes effect.
3.3 Notice to you of any changes to the Agreement or any material change to any Service to which you subscribe may be effected by sending you notice via e-mail to the primary e-mail account associated with your Account.
4. Customer Obligations
a. SUBJECT TO SECTION 8, TEKSAVVY'S AND THE THIRD PARTY PROVIDERS' TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.
b. CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST TEKSAVVY IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.
a. Either Party may, at its option, terminate this Agreement effective 5 days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under the Bankruptcy and Insolvency Act (the “Act”), or if a petition is filed against it under the Act (and is not removed within thirty (30) days after the filing thereof), or if it shall be declared or adjudicated bankrupt, or if an application is made in respect of it under the Companies’ Creditors Arrangement Act, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers shall be appointed of or for it (and is not removed within thirty (30) days, if such appointment was not voluntary), or if it shall commit any act of bankruptcy or institute proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointment or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an “insolvent person” as that term is defined in the Act.
b. TekSavvy may terminate this Agreement in the event that the Customer is in breach of any material term of this Agreement (other than a failure to pay an amount when due) and shall fail to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from the TekSavvy. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (2) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that the Customer has used and continues to use all reasonable commercial/personal efforts to cure the breach in a timely manner.
c. TekSavvy may terminate this Agreement in the event the Customer fails to pay any amount payable hereunder when due and fails to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from TekSavvy.
d. Customer may terminate this Agreement in the event TekSavvy fails to provide the Service requested hereunder when due and fails to remedy such breach within five (5) days after receiving written (by email, mail or fax) notice thereof from Customer. The sole remedy for such breach is the value of up to one (1) months Service, unless mutually agreed by both parties.
e. For the purposes of this Article 7, in the event that Customer does not perform its respective obligations, responsibilities or provide the deliverables agreed to in this agreement, and such breach is not cured within the two (2) day period referred to in section 7 b. above, TekSavvy may, at its option, immediately terminate this Agreement and all fees under this Agreement, shall be immediately due and payable to TekSavvy.
**** CUSTOMER MUST PROVIDE TEKSAVVY A NOTICE OF CANCELLATION 5 DAYS AHEAD OF THE MONTHLY RENEWAL DATE. IF A CONFIRMATION NOTICE HAS NOT BEEN RECEIVED BY CUSTOMER FROM TEKSAVVY FOR THE CANCELLATION, IT WILL BE ASSUMED THE CANCELLATION HAS NOT BEEN RECEIVED. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE CANCELLATION HAS BEEN RECEIVED. A CANCELLATION NUMBER WILL BE PROVIDED ON RECEIPT OF CANCELLATION FROM TEKSAVVY****
8. Limitation of Liability
a. UNDER NO CIRCUMSTANCES WILL TEKSAVVY OR THE THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF TEKSAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT TEKSAVVY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER'S AGREEMENT TO LIMIT TEKSAVVY'S AND ITS THIRD PARTY PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
b. TEKSAVVY AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY TEKSAVVY IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.
c. SECTIONS 6, 7 AND 8 OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
The parties have required that the Agreement and all documents relating thereto to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
INTERNET USE POLICY
The 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»). The 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 (the Customer and/or End Users are sometimes hereinafter referred to as «you»).
VIOLATION OF ACCEPTABLE USE POLICY
TekSavvy considers the above practices to constitute abuse of its Service. Therefore, TekSavvy's Terms of Service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to TekSavvy's Services. Nothing contained in this policy shall be construed to limit TekSavvy's actions or remedies in any way with respect to any of the foregoing activities. TekSavvy reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the TekSavvy Service, and levying cancellation charges to cover TekSavvy's costs. In addition, TekSavvy reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.