Truespeed Internet Services Inc. – General Terms and Conditions – Residential Services
Last revision: December 19, 2016
PLEASE RETAIN FOR FUTURE REFERENCE
- Truespeed Internet Services Inc. (“Truespeed”) provides Residential Cable, High Speed Internet, Home Phone services as well as other value added services to its Customers (“Truespeed’s Services” or “Services”, unless the context requires otherwise).
- In this Agreement, i) “Customer” shall mean the person named on the invoice, residing in the Province of Ontario, and responsible for paying the charges for the Services provided under this Agreement and entitled to receive any notice and information relating to this Agreement or the Services; and ii) “Agreement” shall mean the agreement in effect from time to time between Truespeed and the Customer which is subject to amendment in accordance with these presents, including, but not limited to, the present Terms and Conditions, and any other document or form that may be designated by Truespeed from time to time in accordance herewith as forming part of the Agreement.
- By using the Services provided by Truespeed in Ontario, the Customer expressly agrees to be bound by the terms and conditions of this Agreement. If the Customer does not agree with the terms and conditions of the Agreement, the Customer may exercise the right to terminate the Agreement according to the termination provision included herein and cease using the Services. The Customer shall be responsible for ensuring that the Services are used in accordance with this Agreement.
- Truespeed Customer accounts are due and payable in full by the due date indicated (i) on the invoice; (ii) on the Customer statement issued following its initial pre-authorized bank withdrawals or credit card payment authorization, if applicable; or (iii) as otherwise indicated by Truespeed to the Customer.
- The Customer agrees to pay the total charges due in accordance with section 4 hereof using any of the following methods: (i) automatically by pre-authorized bank withdrawals or credit card payment; (ii) by mailing a cheque or money order to Truespeed; (iii) by telephone/PC banking; (iv) at any financial institution; or (v) by credit card, through the call center or Truespeed website.
- An administration charge will be levied if the Customer’s cheque is returned for insufficient funds or in the case of a refused bank account or credit card pre-authorized debit. Any amount unpaid after the due date shall bear interest at a rate of 2% per month, calculated and compounded monthly (26.82 % per annum). An additional collection charge will be levied if costs are incurred as a result of collection efforts on outstanding amounts.
- Overdue accounts may result in cancellation of the Services referred to thereon. If a service call is required to restore any Customer’s Service which has been terminated for non-payment, a reconnection charge will then apply.
- Truespeed reserves any and all rights, whenever it will observe that the use of Services or related products (such as, and without limiting the generality of the foregoing, long distance telephone service) by the Customer exceeds a reasonable limit, as determined by Truespeed in its sole judgement, to temporarily suspend or restrict the Customer’s access to those Services or products and/or any other products related thereto, without notice or delay. The Customer will then have the obligation to contact Truespeed’s customer service, which may at that time require from the Customer, as applicable, a payment to cover the costs incurred by prior excessive consumption of those Services, enabling the Customer to have access again to such Services. For the purposes of this Agreement, shall be considered as exceeding a reasonable limit any usage that restricts or inhibits other users from using or enjoying the Services in an adequate manner, creates an unusually large burden on the Truespeed network, generates levels of traffic impeding other users’ ability to transmit or receive information, or that could eventually result in significant amounts to be paid by the Customer related to the use of such Services or related products.
- It is acknowledged by the Customer that there are provisions in the Criminal Code of Canada which refer specifically to “telecommunication services” or “computer services”, which include the Services provided by Truespeed, and that any unauthorized connection to Truespeed’s Services or equipment, interfering or tampering with Truespeed’s Services or equipment or unauthorized use of Truespeed’s Services or equipment without the payment of the prescribed fees is prohibited and may constitute theft under the Criminal Code of Canada. The Customer must immediately inform Truespeed, either in writing, by calling Truespeed’s customer service at 1-800-267-9000 or by accessing the truespeed.ca website, if the Customer becomes aware, at any time, that any of the Services is either stolen or being used unlawfully.
- The Customer agrees not to use the Services in a manner that is contrary to applicable laws or regulations. Any breach of applicable laws or regulations may result in the immediate termination of this Agreement or the disconnection or suspension of the Service used illegally and any other Service related thereto.
- The Customer agrees that the equipment installed or provided by Truespeed shall remain the property of Truespeed, except for equipment purchased and paid for by the Customer, which equipment is neither returnable to nor refundable by Truespeed. The promotional 48” 4K television remains the property of Truespeed until the terms of this contract expire, 36 months from the first day of service related to this agreement at which point title is transferred to the Customer. Fees may be charged to the Customer for the installation of the Services and/or equipment. The Customer will protect Truespeed’s equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Truespeed to perform any work, repairs, modifications on such equipment, unless otherwise expressly allowed by Truespeed. Truespeed’s equipment shall remain where the Services were initially installed and as long as the Customer subscribes to those Services. The Customer acknowledges and accepts full responsibility for all equipment installed by Truespeed at the service address and use thereof and agrees to reimburse Truespeed for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment. The Customer is responsible for returning Truespeed’s relevant equipment upon termination of a Service or this Agreement, to Truespeed’s closest place of business or, in the absence of such place of business, to contact Truespeed to arrange for equipment return. In the event the Customer fails to return said equipment or fails to comply with the terms and conditions of this Agreement, Truespeed may, at its option, repossess such equipment whenever possible and charge the Customer any costs incurred in connection therewith, or charge the Customer the full replacement cost of the unreturned Truespeed’s equipment.
- The Customer hereby grants Truespeed, its employees, representatives, contractors, subcontractors and agents reasonable access to the Customer’s premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Truespeed’s Services or equipment. Charges may apply if a service call is required to restore any of the Services of a Customer and it is determined that the problem does not originate from Truespeed’s network or equipment. Charges may also apply if the Customer solicits Truespeed’s technical assistance by telephone. In addition, charges may apply in the event that the Customer wishes to switch to a lower-rate package for a Truespeed Service.
- If the Customer does not own the premises where the Services are provided, the Customer represents that the Customer has the consent of the owner of the premises or otherwise has the authority to allow Truespeed to install, inspect, service, maintain, remove or disconnect Truespeed’s Services.
- The Customer may obtain more information about the fees applicable under this Agreement on the truespeed.ca website or by contacting Truespeed’s customer service at 1-613-865-7733.
- In the case of an Agreement concluded for an undetermined period, and in accordance with the law, Truespeed may propose, in its sole discretion, to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below, if applicable) at any time. Such changes may also include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Truespeed distributes and the Customer receives the Services. Truespeed will provide notice to the Customer at least 30 days but not more than 90 days before the effective date of change, modification, addition or removal, using any means allowing the Customer to become aware thereof and namely, via e-mail or mail. Following receipt of such notice, and. if such change, addition or removal has the effect of increasing the Customer’s obligations or reducing Truespeed’s obligations, the Customer may agree to accept any such change, modification, addition or removal by continuing to use the affected Service. If the Customer does not agree to any such change, modification, addition or removal proposed in the notice, the Customer may, without cost, penalty or cancellation indemnity and before the effective date of the change, notify Truespeed that the Customer is terminating the Agreement in accordance with section 16 of this Agreement and/or the provisions of the notice and cease using the Service in question thereafter. If the Customer does not give any such notice to Truespeed by the effective date, then the proposed changes to this Agreement will become effective on the effective date.
- Subject to the qualification set out in section 18 below, the Customer, may at any time, upon a prior written notice to Truespeed indicating the termination date required, cancel this Agreement or any Service provided under the Agreement. A sum of 50% of the full remaining contracted balance shall be payable upon date of transmission of the notice by the Customer or, as the case may be, until any other subsequent date indicated by the Customer in the notice.
- This Agreement shall be in place for a term of 36 months minimum contractual period required by this Promotion (the “Promotion Period”). The Customer shall be entitled to cancel the Agreement or a Service before the expiry of the Promotion Period of the defined terms, but in this event, the Customer shall pay Truespeed the cancellation indemnity indicated in the Agreement in accordance with section 16 above. Upon the completion of this agreement, Truespeed shall continue to bill The Customer on a monthly basis and at the regular rates then in effect for the Services, and may thereafter be terminated in accordance with the terms set out in section 16 above. The Customer shall remain liable for the payment of all outstanding balances accrued up to the effective date of termination, as determined in accordance section 16 above.
- In addition to all other rights given to Truespeed under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Truespeed may:
- at any time, upon at least five (5) days’ prior notice to the Customer, cancel this Agreement or any Service provided under the Agreement; or
- at any time and without prior notice to the Customer, disconnect or suspend the Customer’s access to the Services or cancel the Agreement (i) if the Customer fails to comply with one or more of the provisions of the Agreement other than the Customer’s payment obligations contained in sections 4 and 5 hereof, in which case paragraph 18(a) shall apply; or (ii) upon the occurrence of any act of bankruptcy on the part of the Customer, or if the Customer becomes insolvent, relies upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against the Customer.
- INTERNET PROVISIONING IS BASED ON A BEST EFFORTS MODEL. TRUESPEED DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. TRUESPEED WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE, LOSS OF DATA OR ANY DELAY OR FAILURE TO PERFORM. TRUESPEED DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES THAT TRUESPEED, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THIS AGREEMENT. IN NO EVENT SHALL TRUESPEED HAVE ANY LIABILITY TO THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. TRUESPEED’S MAXIMUM LIABILITY TOWARD THE CUSTOMER SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO
TRUESPEED BY THE CUSTOMER UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PRESENT SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT.
- The Customer shall be liable for any damages, claims, losses, actions, suits, proceedings or causes of action whatsoever, including legal fees and expenses (a “Claim”) arising out of
- the breach of any provision of this Agreement or any applicable law;
- the use of the Services; or
- the posting or transmission of any information or other materials through the Services. The Customer shall be liable for and indemnify and hold harmless Truespeed, its affiliates and their respective officers, directors, employees, agents and suppliers against all Claims. The Customer agrees to promptly notify Truespeed after becoming aware of any unauthorized use of the Services or its account and shall take such reasonable measures as are necessary to prevent any reoccurrence of such event. Truespeed reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to such indemnification. The Customer shall co-operate as fully as reasonably possible in the defense of any Claim assumed by Truespeed in such a case.
- Truespeed collects personal information on its Customers, which it uses for the following purposes:
- to communicate with its Customers;
- to develop and maintain its relationships with its Customers;
- to provide its Services or to receive services it requires in order to deliver the Services;
- to ensure that all actions required for the purposes mentioned above are taken;
- to understand and assess the interests, wants and needs of Customers with a view to improving current Services, or to offer new Services;
- to manage its business;
- to ensure the efficiency, reliability and security of its systems and network; and to fulfill its obligations under the law.
Unless a Customer provides express consent or unless disclosure is otherwise required or allowed by law, Truespeed will not disclose personal information regarding a Customer, other than the Customer’s name, address and listed telephone number, to anyone other than:
- the Customer;
- a person who, in the reasonable judgement of Truespeed, is seeking the information as an agent of the Customer;
- another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
- a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
- an agent retained by Truespeed in the collection of the Customer’s account, provided the information is required for and is to be used only for that purpose.
Express consent to disclosure may be deemed to be given by a Customer where the Customer provides:
- written consent;
- oral confirmation verified by an independent third party;
- electronic confirmation through the use of a toll-free number;
- electronic confirmation via the Internet;
- oral consent, where an audio recording of the consent is retained by the carrier; or
- consent through other methods, as long as an objective documented record of customer consent is created by the Customer or by an independent third party.
By entering into this Agreement, the Customer hereby expressly consents to Truespeed requiring, obtaining from and providing to third parties, personal information on the Customer or on the Customer’s account, for the sole purposes set out in the first paragraph of this section. In addition, and whenever applicable, the Customer hereby consents that Truespeed obtains and uses credit history information and personal information therein contained and provides same to credit reporting or collection agencies, if applicable.
For more information about the privacy of the Customer’s personal information, please visit our website at www.truespeed.ca.
- The failure of Truespeed to enforce any provision of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agrees that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.
- The Customer shall not assign this Agreement, the rights or obligations herein contained, nor the equipment belonging to Truespeed, as applicable, without first having obtained the prior written consent of Truespeed. In the absence of any such consent, any assignment shall be deemed null and void. Truespeed shall be entitled to assign its rights or obligations in this Agreement, or part thereof, without the prior consent of the Customer.
- This Agreement shall be governed by, and construed in accordance with, the laws applicable in the Province of Ontario. A French version of this Agreement is available upon request.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO TRUESPEED HIGH SPEED RESIDENTIAL INTERNET SERVICE
- By using the High Speed Residential Internet Service provided by Truespeed in Ontario, the Customer agrees not to use this Service in a manner that is contrary to applicable laws or regulations and Truespeed’s Acceptable Use Policy (“AUP”), which forms part of this Agreement. The current AUP is available on the www.truespeed.ca website. If the Customer does not agree with the terms and conditions of the AUP, the Customer must immediately stop using the High Speed Residential Internet Service and notify Truespeed’s customer service that the Customer is terminating this Service.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO TRUESPEED HOME PHONE SERVICE
- Truespeed Home Phone Service (“HPS”) in Ontario should only be used with the Customer’s telephone located at the service address specified by the Customer, which is connected to Truespeed’s multifunction modem and is provided to the Customer as a residential user, for personal and solely residential use, excluding business and commercial use. This means that the Customer shall not use the HPS for any commercial activities, including, without limiting the generality of the foregoing, for the operation of a home office, business, sales, telecommuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would contravene or be inconsistent with normal residential usage patterns. This also means that the Customer is not to resell or transfer the HPS to any other person for any purpose, or charge any fees for the use of the HPS, without express prior written permission from Truespeed.
Upon discovering that use of this Service or any functionalities related thereto by Customer is contravening the terms of the present section or exceeds reasonable usage limits determined by Truespeed, at its sole discretion, with regard to such a personal or residential use, Truespeed may, at any time and without prior notice, limit or suspend access by the Customer to the HPS. In such cases, the Customer must contact Truespeed’s customer service which may require payment of fees in order to restore Customer access to this Service.
- THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THIS SERVICE MAY BE DISRUPTED IN THE EVENT OF AN ELECTRIC POWER OUTAGE, AN INTERRUPTION OR SUSPENSION OF THE INTERNET SERVICE BY TRUESPEED, OR FOR ANY OTHER REASON BEYOND THE CONTROL OF TRUESPEED. THE HPS MAY ALSO BE INTERRUPTED AT THE CUSTOMER’S REQUEST OR BY TRUESPEED, SHOULD THE CUSTOMER FAIL TO PAY ANY FEES WITH RESPECT TO SERVICES PROVIDED BY TRUESPEED.
- The Customer acknowledges that modification or alteration of the equipment installed, provided, rented or lent by Truespeed is prohibited.
- Truespeed reserves the right to change the number assigned to the Customer, but will, however, take all reasonable measures to prevent such an occurrence.
- Truespeed’s modem shall remain where the HPS was initially installed and as long as the Customer subscribes to the HPS, in order to ensure that the 911 calls will be handed off to the Emergency 911 Call Center serving the Customer’s residence, and that the address from which a 911 call is placed will correspond to the physical address registered in the 911 database associated with the Customer’s telephone number. The Customer understands that any breach hereof may result in the 911 emergency services being unavailable.
The HPS allows access to the 911 emergency service in the traditional manner, as long as Truespeed’s multifunction modem connected to the Customer’s telephone set remains, as required, at the same physical address given by the Customer to Truespeed at the time the initial subscription to such Service was made, or at any other time thereafter.
Emergency 911 service will not work properly if the Customer experiences one of the following (but not limited to these) technical problems with the HPS: failure of Truespeed’s modem: a gateway configuration problem, an electrical power outage or an Internet Service outage.
IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS OF THE 911 SERVICE DESCRIBED ABOVE, THE CUSTOMER ACKNOWLEDGES THAT TRUESPEED, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE OPERATION OF THE 911 SERVICE.
- Truespeed will not incur nor assume any liability whatsoever arising from the connection to the HPS of non-voice equipment, such as medical monitoring devices or home security systems. By accepting this Agreement, the Customer waives any claim against Truespeed for any interference with or disruption of such systems due to their connection to the HPS. In the event the Customer decides to proceed with the connection of such equipment to the HPS, the Customer shall ensure that the same is compatible and may be used efficiently with the HPS and Truespeed shall have no obligation to provide any technical support with respect to such equipment or connection thereof. The Customer understands that that interruption or disconnection of the HPS, for any reason whatsoever, may prevent the non-voice equipment connected thereto from performing adequately.
- In the case of errors or omissions in directory white page standard listings, whether or not the error or omission is with regard to a telephone number, Truespeed’s liability is limited to correcting the error or omission that has occurred.