GENERAL TERMS AND CONDITIONS
a) AIC shall mean AIC Global Communications Inc.; also referred to as the Company, being registered as a Canadian Telecommunication Services Provider under the CRTC definition and interpretation.
b) AIC service shall mean all services as mentioned and described hereunder that are provided and billed by AIC; all AIC services collectively also referred to as Services.
c) Internet Access Service, also called AICOMpro; ADSL and Cable Internet, shall refer to the Internet access services provided by third party telecommunication providers and billed by AIC;
d) IPTV, also called AIC Smart TV and TurboTV, shall refer to TV services and related video contents provided by third party broadcast distribution providers and delivered to end customers via the customer’s Internet connection;
e) Digital Telephone service, also called Home Phone; AIC Business Solutions; Hosted PBX; Smart Business Communication system; Digital Business Lines and Mobile Dialer / J Express, shall refer to as the local and Long Distance Telephone services provided by AIC or its affiliates utilizing Voice over IP/ Internet/ Mobile Data technologies and related networks.
f) Traditional Telephone service shall refer to Business and Residential telephone services provided by the Competitive Local Exchange Providers and billed by AIC;
g) Long Distance Telephone service, also called EXP calling and CallExpress services, shall refer to the “Call Display and/or Calling Line Identification CLI ” authenticated Long Distance Telephone service. Also called Calling Card/ PIN calling; 2 way/Global Calling and International Call Back services shall refer to the Long Distance Calling services utilizing a security PIN code provided to Customer and/or through automatic Collect Call billed to customer for calls originating from certain calling areas to the customer;
h) Direct access Long Distance Telephone service, also called EQA/ Equal Ease of Access Long Distance Calling, shall refer to as the pre-subscribed direct dial Long Distance Telephone services provided by AIC through interconnection arrangements with the respective Incumbent and/or Competitive Local Exchange Providers.
i) Customer shall mean the customer(s) of AIC and words importing persons shall include companies or corporations.
j) Customer Premises Equipment/ CPE, also called equipment(s), shall mean all third party products/ equipment provided; supplied and/or sold by AIC and installed/ placed at customer premises for the purpose of providing and facilitating AIC Services at customer location.
2. Terms of Agreement
The Terms and Conditions set out herein are applicable to customers in all respects in connection with all AIC services and products under Article 1 Definition, including but not limited to all AIC Services under the post-paid; prepaid; quarterly; annual and/or any other payment terms. Customer, upon opening an account with AIC, either directly or through its affiliates/ representative, acknowledges acceptance of the Terms and Conditions herein set out and agrees to be bound by such Terms and Conditions. Customer acceptance to AIC Terms and Condition of service will continue to be effective until the account is closed by AIC and all outstanding payment has been settled by the customer. Customer acknowledges and agrees that the Terms of Agreement may be utilized by an AIC authorized distributor (“Agent”).
3. Rates and Charges
Rates and charges are as set out in the respective AIC Services rates and service schedules and/or product feature sheets and application forms at the time service is subscribed. AIC reserves the right to revise such rates and charges from time to time. Services that are subscribed under any of the bundled service/or product package will be charged at the corresponding bundled rate plan as set out in the respective product sheets at the time of subscription. Respective service cancellation fees will apply to each individual service in the bundled package that terminated prematurely within the minimum service period or term. Standard rates and charges will apply if customer chooses to retain any particular services after cancellation of the bundled package. In the event that AIC made changes to the rates and charges, such changes would be posted on official AIC web sites: www.aicom.com under the respective services headings or as listed on the latest product sheets available from all AIC shops. All rates and charges shall be fully paid on or before the due date by customer and are considered correct if not disputed within 30 days from the invoice date. All rates and charges are calculated on a calendar monthly basis and will not be pro-rated unless specified by AIC. 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 and supplied equipment, 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.
Other than the Long Distance usage charges which will be billed monthly in arrear, AIC services are billed in advance either monthly; quarterly or annually depending on the service plan subscribed. The first invoice will include charges for the service for the ensuing billing period including selected features. Customer who require monthly paper invoice will be charged $1 per month. Customer can choose to receive electronic billing and view invoice details at www.aicom.com at no additional charge. Certain AIC services/ plans will require mandatory Credit card or pre-authorized auto-payment as stated in their service application or at the time service is subscribed. Otherwise payment can be made by cash in person at AIC shops or by mailing cheque to the AIC business address as 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. Customer is also responsible for payment to AIC of all related service charges, as well as all costs of equipment/CPEs furnished by AIC. Interest will be applied to overdue payment at 2% per month. 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 handling fee as determined by AIC. 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 is subject to an administration fee of minimum $10. AIC will bill customers who purchase third party hardware/CPE through AIC in order to use AIC services. All payment for AIC provided hardware and services should be payable to AIC. Customer agrees and authorizes AIC to debit his credit card or pre-authorized bank 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. The minimum debit amount per credit card and pre-authorized bank payment transaction is $5; any credit balance will become credit amount on customer’s account and will be as listed on customer’s next monthly bill. A special handling fee, in addition to accrued interest charges will apply to any outstanding payments that have been sent for collection.
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 or equipment/CPEs. 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. CPE and/or hardware return must follow the appropriate return and/or cancellation policy stipulated by AIC at the time the customer applies/ subscribes for service or as written in the respective services application form or as described on AIC product/ service feature sheets at the time of service application. In case deposit refund is granted and calculated less any amount owing to AIC, the amount to be refunded would either be credited back to customer’s credit card or by Company cheque, however, an administration fee of $2 will apply for issuance of refund cheque.
7. Disclaimer of 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 the CPE and/or AIC provided hardware and/or Services, including without limitation, those arising from the acknowledged delays or interruptions in service or failure to utilize AIC services due to customer and/or AIC problems. 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. AIC is not liable for libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over AIC’s 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 network on behalf of customer. If customer uses AIC service for purposes other than those for which the system/ service is designed, or for service/ feature 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. Neither AIC nor any of its affiliates have any obligation to monitor customer use of any of the AIC services and, except as provided herein, have no control over such use. Customer assumes total responsibility and risk for access to or use of content obtainable through the use of the Services. 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. The customer acknowledges their responsibility to ensure that there are no illegal activities in contravention with the laws of Canada from using AIC services.
8. Credit and Personal Information
Customer consents and agrees that AIC has the right to check his credit rating from time to time. Customer represents that he 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 will give AIC prior written notice of any changes to his billing information, including but not limited to his 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 Account
AIC may forthwith terminate, restrict or suspend customer’s account without notice on the happening of one or more of the followings:
(a) charges are not paid when they are due for payment
(b) AIC, in its sole discretion, considers customer a credit risk
(c) Customer does not have any usage activity for three months or more
(d) customer with excessive usage on any unlimited voice and/or data plans which, in AIC’s sole opinion, is abusive; fraudulent in nature and is affecting its service level and network performance, such as excessive data downloading on ADSL and Cable Internet services, spamming, reselling/redistributing the service; long connection/holding time etc.
(e) customer does not abide by the Local and Federal Government Departments’ rules and regulations
(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. Customer is also liable for all cancellation fees with respect to services suspended in accordance to the respective service cancellation policy and the replacement costs for the CPEs.
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 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 and/or replacement costs and/or the equivalent equipment rental charges over the entire service term for any equipment that is returned within an agreed rental and/or service period.
11. Loss of Equipment
All risk of loss, damage, theft or destruction to AIC services and/or any other related CPE/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 Services to customer and/or CPE/equipment(s) 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 up to and including all remaining charges plus applicable taxes that will be billed to customer under the whole service term, from the moment AIC receives customer’s notification to have his service de-activated. Customer shall also remain liable for the CPE/ hardware equipment(s) replacement costs and fulfillment of the remaining service/ payment term, whichever applicable.
12. 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. 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 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 is responsible to contact his 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.
All Web pages; logos and third party contents and images obtainable by customer through the use of AIC Internet Access services may be protected by copyright and trademark laws. Any reproduction; viewing and use of any of the Web pages and/or graphical images and/or contents and/or images 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/ trademark owners.
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. Updated AIC Terms and Conditions will be as posted on AIC official web sites and available for pick up at all AIC shops. 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.
ADDITIONAL TERMS & CONDITIONS OF SPECIFIC AIC SERVICE
Long Distance Telephone Services
1. Calling Rate and Minute Charges
All Long Distance calls made through AIC network by the customer using various access and calling methods available from AIC will be charged at the AIC prevailing rates and schedules. AIC call detail records are considered accurate and final if not disputed within 30 working days from invoicing.
2. 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.
3. 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 preset 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 apply if customer wishes to change PIN.
4. Termination / Suspension / Close / Switch of Service Account
Customer may close his 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.
Traditional Business Telephone Service
1. Telephone Service & Long Distance Service Bundle
Customer acknowledges that AIC’s 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 services 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 when telephone service with AIC is terminated, customer is solely responsible for contacting an alternate long distance service provider to convert his long distance service from AIC’s network to an alternate long distance service provider. Customer agrees that he is responsible for all long distance charges incurred with AIC prior to the day customer effectively converts his long distance service to an alternate long distance service provider.
2. Customer’s Equipment
Customer acknowledges that it is his responsibility to reprogram and/or reconfigure all security alarms, computer modems, telephones and any of customer equipment linked to and/or dependent upon the customer telephone system. Customer acknowledges and agrees that he 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, subject to cancellation charges and/or minimum service term policy, with one month advance notice given to AIC by the registered customer. Recurrent package/ appropriate plan fees are also payable for the month of advance notice given. Customer acknowledges and agrees that all telephone service, including but not limited to, charges incurred by customer for using AIC service, shall apply up to the date that the service is effectively terminated by AIC after cancellation.
4. Customer’s Responsibilities for Charges
(a) Customer will be charged on a per line basis an administration fee if he moves his existing telephone service from one address to another; or defers the service activation date following application for service; or changes the original service plan subscribed.
(b) Customer will be charged a one time set- up fee and/or a monthly network access fee, unless these charges are waived by AIC.
(c) Customer who does not subscribe to AIC Equal Access Long Distance service will be charged a monthly network usage fee.
(d) Customer will be charged a monthly 911 emergency service access fee and other applicable charges and applicable taxes. 411 directory services will be charged on pay-per-use basis. Surcharges and applicable long distance charges may apply for specific operator service.
(e) Customer is entitled to sign up any one of AIC’s long distance service plans.
(f) It is customer’s responsibility to check all equipments (such as telephone set, fax equipment, ADSL modem and filter etc) that are connected to the telephone line before calling AIC repair service. In case that customer requests a site visit and AIC field staff or any appointed contractor finds out that the reported fault was caused by customer’s own equipment and/or internal wiring/facilities, customer will be charged a minimum site visit fee of $50 per visit.
5. AIC’s Right to Suspend 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:
i) fails to pay AIC service fee and related charges;
ii) uses or allows others to use any AIC services in a way that prevents fair and proportionate use by others;
iii) uses or allows others to use any AIC services illegally or to make annoying or offensive calls; or
the customer 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: i) repeated efforts to contact customer have failed;
ii) immediate action must be taken to protect AIC or other persons from harm resulting from customer’s facilities or equipment; or
iii) 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 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 registered for AIC 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 service unless customer has made appropriate arrangement to remove the registered telephone number from the directory and pay a non-published fee of $35 annually.
8. Customer’s Liability
If customer applies service for the property or premises occupied but not owned by customer such as rental house, leasing property or premises, customer warrants that he has the consent of the owner to place such facilities and associated CPE/ equipment if any 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 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.
Digital Telephone Service / HostedPBX Service
1. Service Requirements
AIC digital telephone 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/ customer’s phone system. In the case of Hosted PBX Service and Business Solutions, AIC Digital telephone service is delivered as a cloud based service to customer premises through digital handsets supplied by AIC according to customer requirement. A broadband connection via a 2-way cable modem or DSL with broadband capability of at least 90 Kbps/line upstream speed that customer has a right to use at his own expense or subscribed from AIC as bundled services is also required. The service can also be delivered to AIC recognized smart mobile device with data connectivity via SIP application program/ J Express downloadable by the customer to the mobile device. Customer is responsible for installation pursuant to instructions provided by AIC and the additional wire and/or wireless data usage incurred at their own cost from using the service. Since voice over IP technology is dependent on the broadband connection, the availability; bandwidth sufficiency; quality and correct broadband voice device configuration are essence to service integrity and reliability, AIC does not guarantee that the service will be continuous or error-free and is not liable to any direct or indirect loss and/or damages related to the service.
2. 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 digital telephone service provided by AIC or its affiliates via AIC distribution network as set out in these Terms and Conditions.
3. Equipment Requirements
For AIC digital telephone service that comes with rented/leased hardware and/or CPE 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; equipment replacement costs, and cancellation charges in accordance to the respective service terms and policies, all of which immediately become due and payable. In the event service is terminated, customer must return all equipment/ CPEs to AIC within seven (7) days of the termination date otherwise customer authorizes AIC to charge the value amount of the equipment to his account. 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. For AIC digital telephone service that uses AIC approved Equipment that is owned by customer, AIC will not warrant or guarantee the functionality and compatibility to the service. For Equipment purchased directly from AIC, the original equipment warranty given by the supplier to AIC will pass on to customer, subject to AIC handling charges.
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 digital telephone service for dialing 9-1-1.
Customer acknowledges and understands that AIC digital telephone 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: AIC digital telephone service allows you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of digital 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 digital telephone service, including the lack of traditional 911 emergency services.
911 service: Because of the unique nature of digital telephone call, emergency calls to 911 through customer’s AIC digital home telephone 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 digital calls with respect to 911 calls placed to emergency services from his account as described below.
Placing 911 calls: When customer makes a 911 emergency call, AIC digital telephone 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 account. However, due to the limitations of the digital 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 name, address, and telephone number to the call center.
How customer information is provided: AIC digital telephone 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 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 location information is not up to date.
Correctness of information: Customer is responsible for providing, maintaining, and updating correct contact information (including name, address and telephone number) with his account. If customer does not correctly identify the actual location where he 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 number or contact information. If customer is inadvertently disconnected, he 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 digital 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 digital telephone service is not functioning correctly for any reason, including power outages, digital telephone 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 digital telephone service, including for 911 emergency calls; and changing locations – if customer moves his system access equipment to a location other than that described in his account information or otherwise on record with AIC.
Alternate service: If customer is not comfortable with the limitations of digital 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 digital telephone service of the nature and limitations of 911 emergency calls 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 AIC digital telephone 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 the 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 AIC digital telephone service relating to the failure or outage of the service, including those related to 9-1-1 dialing.
5. Other Service Distinctions
(a) Privacy and Security
AIC digital telephone service, 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
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
Customer acknowledges and understands that the service would not function in the event of interruption of the broadband or high-speed internet access service. (d) Security Systems and other Non-voice Communications Equipment
All non-voice communications equipment, including but not limited to security systems that are set up for automatic phone call, fax machines, modems and medical monitoring devices, may not be compatible with AIC digital telephone 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 the service.
6. Use of AIC Digital Telephone Service
(a) Lawful, Non Fraudulent Use of Service and Broadband Voice Device/ Equipment
Customer agrees to use AIC digital telephone service and broadband voice device/ CPEs only for lawful purposes. Customer will not use the service or broadband voice device/ CPEs for any unlawful, abusive, or fraudulent purpose that would interfere AIC’s ability to provide services to all other customers; or avoid his 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 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 and total fees associated with the service until the end of service term, all of which immediately become due and payable.
(b) Theft of AIC provided equipment(s); CPEs and/ or Service
Customer agrees to notify AIC immediately, in writing or by calling AIC Customer Service Hotline, in the event that any of the provided equipment/ CPE and/or is stolen or if customer becomes aware at any time that the service is being stolen or fraudulently used. When customer calls or writes, he must provide the account number and a detailed description of the circumstances of the theft or stolen of the equipment 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 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 has the option to self connect the Phone adapter/CPEs to use AIC service or pay AIC for onsite installation service. Customer is responsible for full payment of all charges relating to the service once service is activated and invoiced by AIC, even if the Phone Adaptor/ CPEs have not been connected prior to receiving AIC invoice for the service.
8. Customer’s Responsibilities for Charges
(a) Customer will be charged an administration fee when he applies for or changes the AIC digital telephone service plan.
(b) Customer is encouraged to check his 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 minimum site visit fee of $50 per visit.
9. Telephone Directory
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 digital telephone service unless customer has made appropriate arrangement with AIC to remove his telephone number from the directory and pay a non-published fee of $35 annually.
10. Service Termination Charges
Customer may cancel the service upon completing the minimum service term 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 the minimum service term, early cancellation fee will apply in accordance to the respective early cancellation policy of the service being cancelled. For customer with annual or quarterly payment plan, no refund will be made for any prepaid amount. Customer must also return all AIC provided equipment(s)/ CPE(s), if any, in its original packaging and in good working condition to AIC office within seven (7) days from service termination or the equipment is deemed to have been purchased by the customer and the customer will be charged the full amount of the equipment cost plus handling charges and/or penalties for missing/or damaged contents from the original packaging. AIC will not be responsible for any associated shipping/transport costs. The respective prevailing Service setup and/or activation charge(s) will apply for service reactivation.
11. Rates and Charges
The rates and charges for AIC services and/or international calling may change from time to time without advance or prior notice. In the event that AIC makes any changes to the rates and charges, such changes would be as posted on AIC official web sites, such aswww.aicom.com and www.AICHomeTelephone.com or as listed in the latest product sheets available at the AIC shops. Customer acknowledges that the service will continue automatically after each billing cycle with the original payment plan, unless AIC is notified by customer in writing or in person one month from the effective date for plan change, subject to Administration fees and in accordance to the related service terms
Internet Access Services – AICOMpro; ADSL ; Cable Internet
1. Account Sharing & Multiple Logins
Customer hereby agrees that during the continuance of AIC internet access services, the account and all equipment/CPEs 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 registered users and/or logged in by other AIC unauthorized 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. Customer is liable to pay the full amount outstanding in respect of the service term if applicable and return all equipment/CPE in its original packaging and contents and in good working condition to AIC office within seven (7) days of service disconnection or customer will be charged equipment replacement costs.
2. Lost or Stolen of Login Name and Password
If the login/ user 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 internet service related charges, not limited to the credit limit set by AIC, made with the login/ user name and password for 24 hours from the moment AIC receives customer’s notification. A handling fee of $10.00 will apply if customer wishes to change login/ user 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.
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) Equipment/ CPEs; Software and Documentation Supplied
Any equipment(s); software or documentation supplied by AIC to customer 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 during the service term/ period. All supplied equipment(s) and associated accessories/ contents must be returned in their original packaging and in good working condition within seven (7) days from service termination. Charges will be imposed in accordance to cancellation and return policies of the respective services advised to customer at the time of service application.
(c) Customer’s connected Equipment
It is customer’s responsibility to ensure that his computer system/ connected device meets the minimum requirements stated by AIC as being necessary to 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.
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.
Customer acknowledges that some content, products or services available with or through the AIC service may be offensive or may not comply with applicable laws. Neither AIC nor any of its affiliates will attempt to censor or monitor any content. Customer acknowledges that neither AIC nor any of its affiliates have any obligation to monitor his 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 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.
AIC cannot guarantee privacy for customers. 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 and consult professionals at their own costs on security measures from using the AIC services.
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. Asymmetric Digital Subscriber Line Service (“ADSL”) and Cable Internet
(a) Service Availability
The AIC Internet Access service is only available where the respective Internet Access Service Provider 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 L service. Due to the technology involved, AIC reserves the right to deem service unavailable to customer, including after installation. If such an event occurs, customer must return all equipment provided to him by AIC in its original good and proper physical and functional condition and within the specified time as stated below.
(b) Return of Equipment
When customer cancel his service on completion of the appropriate service term, or if AIC has deemed service unavailable as mentioned above, customer agrees to return all equipment, which includes but not limited to the high speed modem and router in their original packaging and are in good working condition, 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 agrees to pay full replacement value of the said equipment.
5. Terms and Termination of AIC Internet Service
(a) The initial term of service will begin the first day the service is operational. 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 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 service term.
(c) If customer has subscribed for services which will automatically renew after the first term, customer agrees he is responsible for payment of subsequent terms for such services, and give AIC permission to charge his account with the renewal amount, unless customer notify AIC in writing seven (7) days prior to automatic renewal of his 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) Appropriate surcharges will be required for ADSL installations in certain geographic regions wherever applicable. 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.
6. Relocation / Plan Change of AIC Internet Services
Upgrade or downgrade of Internet service plan, relocation or change of 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.
It is hereby expressly agreed and acknowledged by customer that views or opinions expressed or found on the Internet through AIC Internet Access service 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 Internet World through AIC Internet Access service. 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 Internet.
IPTV service – Smart TV and Turbo TV
Customer may terminate the service for any reason at any time by notifying AIC at least 30 days notice in advance, subject to cancellation policy and fulfillment of minimum service term of the IPTV service and/or any of the bundled services. If a customer cancel a request for the Service after installation work has started, customer will be charged for the installation including the cost of equipment, labor, materials and supplies incurred. If a customer cancel the service within the minimum service term as determined at the time of service application, early cancellation fees equivalent to the total recurrent charges of the service fees for the remaining terms will be charged and due immediately plus applicable taxes.
Equipment & Devices Return Responsibilities: Equipment and devices provided by AIC on loan or on rental term or free of charge for customer use of the Services will at all times remain the property of AIC. Customer acknowledges obligation to return to AIC such equipment and devices within seven (7) calendar days from service termination or cancellation to enable account closure and final billing. Shipping charges for the returned devices is the responsibility of the customer. Returned devices should be complete as originally received, undamaged and in good working order (except for normal usage wear and tear) complete with power adapter, cables, CD, documentations, boxes, etc. In the event such equipment and devices is not returned and received by AIC within the seven (7) calendar days, customer will be billed as liquidated damages and not as a penalty, an amount equal to the equipment purchase price or the Equipment replacement cost plus applicable taxes, and customer hereby authorize AIC to charge customer’s credit card or pre-authorized payment account for the billing.
Use of Service: The Service is provided for personal and /or business use of the customer as an end-user and is not intended for resell or transfer to any other person or user for any purpose, without the express and written permission of AIC. The customer agrees to use the Service solely for lawful purposes and will not otherwise violate any applicable local, state, provincial, federal or international law. It is the customer’s responsibility to ensure that the Service is not used fraudulently or subject to abuse or misuse. Service is being provided on a “fair use” basis, meaning that the customer is to use the service in a normal prudent and fair manner consistent with normal residential or commercial use. AIC reserves the right to suspend or terminate service immediately and without advance notice if in the sole judgment of AIC, the customer is in violation of this condition. In the event of service termination for stated reason, the customer will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which become immediately due and payable. Suspension or termination of the Service does not affect customer’s obligation to pay any amount owed to AIC.
No Warranties. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” BASIS AND AIC MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK; THE UPSTREAM SERVICE AND BROADCAST DISTRIBUTION PROVIDERS, AND/OR THE CONTENTS. Under no circumstances shall AIC, its officers, Directors, Employees, affiliates or Agents or any other service provider who furnishes services to customer in connection with this service be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost revenue, or damages to third parties. AIC’s liability for any claim arising out of or relating to this service and/or AIC services in general shall be limited to the amount of fees paid by the Customer to AIC during the period giving rise to the claim. The Customer shall defend, indemnify, and hold harmless AIC from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys’ fees and litigation expenses) arising out of or relating in any way to the Services provided.
Miscellaneous: AIC reserves the right to revise, amend, or modify the features, functionalities, specifications, prices, and all other aspects of the Service terms by giving 30 days notice. Continued use of the Service following any amendment shall be deemed Customer acceptance of the amended Service terms. By applying and accepting to use the service, customer represents and warrants that he has full authority to execute and abide to the AIC General Terms and Conditions, as well as the related supplemental terms related to the respective services.
GENERAL TERMS AND CONDITIONS