City Telecom Phone Service (VoIP) Terms and Conditions
(Section 1.) CITY TELECOM HOME PHONE SERVICE TERMS & CONDITIONS
The following terms and conditions apply to City Telecom (CITI) Home Phone service. - provision of VoIP telephony services (the "Services" “Home Phone Service” & “VoIP Home Phone Service”) and sets out the basic rights, obligations and restrictions of between City Telecom (“We” “us” “City Telecom” or “CITI” and to its Subscribers (the "Subscriber" “user” “customer” or “You”). All of the terms and conditions contained herein (hereinafter referred to as "Terms") bind both City Telecom and the Subscriber and are subject to change from time to time at the sole discretion of City Telecom, without any prior notice to the Subscriber. This agreement governs your use of the Services. If there is any inconsistency between other documents describing the service plans, features, services or products and these Terms, these Terms will prevail.
< >General This is our agreement with you, the Subscriber. You agree not to use our Service for a prohibited purpose, violating any law, making annoying or offensive calls, or interfering with other Subscribers' Service. You further agree not to resell, transfer, or share your service. < >9-1-1 Emergency CallCity Telecom offers on its Home Phone service a form of 9-1-1 Dialing service (9-1-1 Dialing) that is similar to traditional 9-1-1 service but has some important differences and limitations when compared traditional telephone service. With traditional 9-1-1 service, your call is send directly to the nearest emergency response center. With City Telecom Home Phone's 9-1-1 Dialing service, your call is send to a call center. The call center’s operator will confirm your location information; the emergency services required and then transfer your 9-1-1 call to the emergency response center nearest your location. You should be prepared to confirm your address and callback number with the operator. Do not hang up unless talk directly to the operator and if disconnected, you should dial 9-1-1 again. Service address must required for registration even billing address provide.
You should ensure your address information, when registered with City Telecom, is kept current at all times. In case you are not able to speak during the 9-1-1 call, the agent may assume that you are at the last registered address for the local phone service. You need to update your 9-1-1 Dialing information if you move your device to a different location and if you add a new line to your account. To update or verify your 9-1-1 Dialing information you will need to contact City Telecom customer service hotline. Your 9-1-1 Dialing service is activated when you subscribe to City Telecom Home Phone service
1.2 Service Outages.
City Telecom emergency dialing services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the City Telecom Service, including the emergency dialing service will function properly. Service outages, suspensions, or terminations of service by your broadband provider or ISP will prevent the Service, including the City Telecom emergency dialing service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 dialing over traditional public telephone networks. In the event that your City Telecom account is suspended or terminated for any reason, your City Telecom Service, including City Telecom emergency dialing service will not function.
1.3 Re-Registration required if You Change Your Number or Add or Port New Numbers.
You must update and verify by phone or written notice to City Telecom your location of use for each changed, ensure newly added or newly ported number in order for 9-1-1 Dialing to function correctly.
1.4 Network Congestion; Reduced Speed for Routing or Answering 9-1-1 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1- Dialing over traditional public telephone networks.
1.5 Conveying Limitations to other household residents and guests
You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the City Telecom Home Phone service, of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with traditional 9-1-1 Dialing service, as set out above.
1.6 Disclaimer of Liability and Indemnification.
We do not have any control over whether, or the manner in which, calls using our 9-1-1 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to support us in routing 9-1-1 calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither City Telecom nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 Dialing service unless such claims or causes of action arose from our willful misconduct. You shall defend, indemnify, and hold harmless City Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.
1.7 Alternate 9-1-1 Arrangements.
If you are not comfortable with the limitations of the 9-1-1 Dialing service, you should consider having an alternate means of accessing traditional 9-1-1 Dialing services or terminating the Service.
2. Service
2.1 Type of Services
The Terms contained herein apply to all the Services which Subscriber may subscribe from City Telecom, including, for: (i) fixed fee, bundled minutes and unlimited long distance calling plans for residential/home purposes in those destinations designated by City Telecom from time to time from a designated telephone number (collectively, the "Unlimited Programs" or individually an "Unlimited Program"); (ii) pay for use regular long distance calling plans to countries designated by City Telecom from time to time other than those countries which Subscriber has already subscribed for as part of the Unlimited Programs (the "Standard Program "); (iii) Voice Over IP local phone service (Home Phone). Subscriber may use the Services provided by City Telecom for long distance calling or local calling provided that Subscriber does so in compliance with all applicable laws and the terms herein. Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by Subscriber and all persons having the Subscriber's permission to use the Services. Subscriber may only use the Services for voice telephone calls as the Services cannot be used for internet connections, faxing or other data transmission without the express written consent from City Telecom.
2.2 Charges, Billing and Payment
(a) Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed for from City Telecom (which charges are subject to change from time to time at the sole discretion of City Telecom without notice to Subscriber), including for all calls: (i) made via Subscriber's telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to Subscriber; and (iii) which are charged to Subscriber's account. Non Sufficient Fund and all refused payments shall incur a $15 administrative fee per occurrence. City Telecom reserves the right to charge a late payment charge (1.5% per month or 19.56% per year) will be applied to any overdue balance, and/or, additional maximum $50 or 25% of total overdue balance administrative fee remitted to collections. Calls to some toll free numbers will not connected or will be billed at our North America Long Distance rate, if dialing to a toll free service is out of the coverage area. it’s determine by the toll free service provider. The local phone does not support 900/976 calling, and therefore Subscriber will not be able to make 900 calls using the Local Phone Service. Calls to mobile phones in some overseas destinations are billed at higher rates. All long distance rates may contact City Telecom customer service representatives for more information. Your rates may be different based on your package. City Telecom provides local service to national across Canada including Toronto, Montreal, Ottawa, Vancouver and Calgary etc. Customer can make calls without long distance charge to most Canadian cities (except cities in Northwest Territory and Yukon Territory, but you may be applied long distance charge when you dial some long distance calls without prefix 1 for those cities, it is depend on the what destination cities was calling. (like calls to Yukon, Northwest Territory, and USA long distance charge applied). If customer want to confirm the call is long distance or not, please contact our customer service hotline.
(b) City Telecom will provide customer with a monthly on-line e-invoice for services or send the paper invoice to customers by mail within first 5 working days of every month. For new register customers, the 1st bill will include a paid prorate monthly fee for previous month and both payable long distance charge (if any available) calculated by minutes from the date customer sign-up plus current month monthly charge in advance payment. If customers choose a prepaid option, the prepaid credit and the deduction of payment will appeal in the statement. For current customers, it includes previous month long distance charge (if any available) plus current month monthly charge in advance payment.
(c) Paper bill processing fee: If customer view the bill online, there is no charge to customer account, if customer need paper bill which mail to customer’s address, there will be CAD$1 extra charge plus all applicable taxes per month. (City telecom may amend the charge from time to time.) Customer have to register e-invoice service at www.ctinets.on.ca within 15 day after service activate
2.3 Charges will commence as of the activation date of the Service(s).
Subscriber may pay for the charges of Services thru major financial institute including HSBC, CIBC, Bank of Montreal, TD Canada Trust, Scotia Bank, and Royal Bank of Canada. All payment methods may refer to our website www.ctinets.on.ca for more information. If Subscriber pay by either credit card by providing City Telecom with Subscriber's credit card number upon subscribing for the Service or Pre-Authorized cheque payment by providing City Telecom with the appropriate banking information; Subscriber authorizes City Telecom to make such charges against such credit card or bank account to satisfy all charges for the Services. City Telecom will charge Subscriber's credit card or bank account for charges for the Unlimited Program or any other package in advance commencing on the date of activation of the Services (pro rata for the remaining days in such month) and thereafter, amount equal to 1 month payment for all packages purchased by Subscriber will be taken from Subscriber's credit card or bank account during period from the first day of the month of service till the last day of the month of service, on a monthly basis or as stipulated by City Telecom. Payment for Standard Services shall be made on or before due date or 16th of each month for the Standard Services used in the preceding month. City Telecom at its sole discretion may elect to change billing dates. Call increments may vary depending on destination and length of call. Subscriber must bring payment inquiries and disputes to City Telecom's attention within 30 days after the charge for the Services have been billed or Subscriber will be deemed to have accepted such charges as accurate in all respects.
2.4 Credit and Security Deposits
City Telecom reserves the right to examine Subscriber's credit record before activating the Services. Should City Telecom at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the Services to Subscriber. City Telecom will determine, at its discretion, how Subscriber's deposit or other security will be allocated to satisfy outstanding amounts owed by Subscriber to City Telecom. By subscribing to the Services, Subscriber authorizes City Telecom to investigate Subscriber's credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as City Telecom may reasonably request for this purpose. All deposits or other prepayments made by a Subscriber in connection with the Services will earn no interest.
2.5 Contract Term and Monthly service fee Rate Guarantee
City Telecom services are sold on the following basis and may be subject to Early termination fee detailed in section 2.9.
(a) Home Phone Term Contracts: 1-year, 2-years, and 3-years contracts. Early termination fee will apply. The contract term length can be identified by the subscriber on the invoice for services with a 1-year, 2-years, or 3-years designation. The Term of the contract shall also serve as a rate guarantee to the Subscriber whereby his/her Monthly Service Fee cannot be increased by City Telecom within the entire term.
(b) Home Phone No Contract: Subscriber may cancel service without early termination fee. City Telecom may increase rates at any time by providing Subscriber with 30 days notification.
(c) Additional add-on Long Distance Service Contracts: Term contracts are subject to early termination fee.
2.6 City Telecom's Right to Refuse to Provide Services
(a) Subscriber owes amounts to City Telecom that is past due; (b) Subscriber does not provide a security deposit or satisfy alternate security measures when requested by City Telecom; (c) City Telecom has terminated the Services to the Subscriber in the past; and (d) City Telecom does not provide the requested Services to the country(s) desired by Subscriber.
2.7 Services Interruption
(a) City Telecom may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.
City Telecom service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that VoIP Home Phone service requires high-speed internet connectivity. Poor or lack of internet connectivity, home network configurations, power failure, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.
(b) City Telecom is not liable for:(i) any disruption or unavailability of the Services; (ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services); (iii) subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's equipment or facilities; (iv) any event beyond the reasonable control of City Telecom including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and (v) its failure, for any reason, to activate the Services on the activation date Subscriber requested; (vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of City Telecom service.
2.8 Suspension or Termination of Services by City Telecom
(a) Without incurring any liability whatsoever, City Telecom may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber: (i) Fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card, which is not honored by Subscriber's bank; (ii) fails to provide monthly payments when requested by City Telecom; (iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by City Telecom; (iv) fails to meet City Telecom's credit requirements or Subscriber become bankrupt or otherwise insolvent; (v) fails to comply with the terms of a deferred payment or credit agreement with City Telecom; (vi) violates any provision of these Terms; (vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls; (viii) Charges or allow others to charge any other person for the use of the Services without City Telecom's prior written agreement; (ix) Harasses, threatens or otherwise act unreasonably towards City Telecom, its employees or agents, or in relation to the Services; (x) Alters or otherwise interferes with City Telecom's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or City Telecom's equipment, facilities or network; or (xi) Fails to provide payment for other accounts with City Telecom, including amounts owed by Subscriber as a guarantor for the account of another; (xii) Uses or permits others to use the Services for resell. (xiii) Abuses the network with excessive usage as may be determined by City Telecom. Excessive usage shall be determined solely by City Telecom. (xiv) Uses or permits others to use the service for commercial or business use.
(b) A suspension or termination will not affect Subscriber's obligation to pay any amounts owed to City Telecom either during or after the suspension or termination. If termination occurs during a contract period, Subscriber will be charged for all usage plus the contract obligations. Should reactivation of services be required, City Telecom will levy a reconnection fee of maximum $35.
(c) Where the Services are cancelled, either by Subscriber or by City Telecom as provided herein, and there is an undisputed credit balance on Subscriber's account, Subscriber may require that it be refunded to Subscriber and City Telecom reserves the right to charge a reasonable processing fee in connection with issuing refunds.
2.9 Subscriber's Right to Cancel Services and Early Termination
(a) Term Contracts: All City Telecom Contracts shall renew the contract for an equivalent Term upon their expiration unless specifically advised otherwise by the Subscriber. The Subscriber is responsible for early termination fees of their contract period shall be equal to the amount indicated on the contract/application form (the chargeable amount is depended on the service type), plus applicable taxes multiplied the number of months remaining on the contract term. The contract start date shall be the date that the Subscriber enrolled for City Telecom Services in each anniversary day. In order to prevent the non-contract charge apply to the account, subscriber must renew their contract before the mature. Subscriber must formally and personally request renewal or cancellation at least five working days prior to the expiration date. Third party termination requests are not approved.
(b) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to the end of month after their cancellation date. In addition, the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. Subscriber must formally and personally requests cancellation at least thirty days prior to the expiration date. Third party termination requests are not accepted.
(c) Subscriber acknowledges that City Telecom Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow City Telecom reasonable time to diagnose and correct the problem. If the problem cannot be corrected or fixed within thirty-days from the initial report by the Subscriber, Subscriber may elect to terminate his contract without penalty or liability providing City Telecom with written notice of his / her intent to cancel. Where City Telecom has determined that the problem is not the fault of City Telecom but rather with Subscriber, his equipment, internet, phone lines, connectivity and the like, that are not under the control of City Telecom; in this case Subscribers wishing to insist cancel will be responsible for early termination fee.
2.10 International Boundaries & Rate Variations
Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Examples are territories such as Kiribati(686), Nauru,(674), Solomon Island(677) & Ethiopia(251) to name a few. Rates will be determined based on the area code being dialed and not the Country label.
2.11 Customer Service.
We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review our web site at www.ctinets.on.ca . We assume no obligation to provide support services for any related services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
3. Changes, and Modifications of the Services.
Without incurring liability, City Telecom may at any time and without notice to Subscriber, change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, Subscriber will be responsible for paying all charges incurred for the use of the Services despite the change or modification, both before and after the date thereof.
3.1 Subscriber Confidentiality and Privacy
Before you begin to use our services, you will be asked to register to become a client. To complete the registration, you will need to give us some information about yourself including your name, contact phone number, service & billing address, postal code, date of birth, I.D. number, e-mail address and occupation. City Telecom is collecting this information and we retain ownership of it.
3.2 Use of Information
City Telecom believes that knowing more about you will enable us to serve you better. It allows us to personalize the content and services we offer you. Information that you provide to City Telecom is kept confidential. Your information is for the use of City Telecom. It is not shared with any other third party.
Notwithstanding the above, you authorize City Telecom to disclose information including, but not limited to, name, address, and telephone number in the following circumstances:
. another company as required so that City Telecom may provide the services to you
. City Telecom affiliates, and agents
. emergency services in an emergency situation
. a credit collections agency
. a person who, in the reasonable estimation of City Telecom, is an agent of you
. any other third party, upon receiving the consent of you
. is required by law
3.3 Rate Changes
City Telecom reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.
3.4 Promotions
City Telecom may at its sole discretion promote City Telecom services from time to time through a variety of media channels. This may include free services for a specific period of time (promotional period). After the promotional period, the Subscriber will be billed for services automatically. In order to cancel the future service when the promotional period is elapsed, subscriber must notify City Telecom either by call or by written to cancel the service before the promotional period is expired.
3.5 Service Abuse
You agree that your usage may be measured to determine abuse, residential, business, fraudulent, or use that undermines City Telecom operations in any way. Based on its determination City Telecom may deactivate service immediately without notice or liability. For service plans marketed as Unlimited"; these plans are monitored for abuse that may hinder services to other Subscribers. Unlimited services are not to be used for telemarketing, or broadcasting of any kind.
3.6 Equipment Returns
Some City Telecom services like Home Phone require equipment to be pick-up / shipped (VoIP Telephone Adapter) from City Telecom to the subscriber for use with the service. The following terms apply to Equipment Returns where applicable:
(a) All equipment that must be returned to City Telecom for any reason must be at Subscribers' expense. City Telecom will not accept collect packages or pay to have packages picked up. All returned equipment must be returned to City Telecom in perfect re-salable condition in its original packaging. Equipment returned in less than perfect condition, will be charged for refurbishing or $120 for purchase the whole equipment set.
(b) Replacement: If the equipment is deemed defective by City Telecom, and new equipment is shipped to the Subscriber, the Subscriber is responsible at his own expense for the safe return of the defective unit to City Telecom in good physical condition at the address indicated by City Telecom representatives. All returned equipment must be accompanied with a “Return / RMA” note provided by City Telecom. inside the packaging. Equipment without the Return / RMA note will not be processed or delay by City Telecom. A copy of Return / RMA note can resend to subscriber by e-mail or fax once upon request.
(c) Cancellation: Upon cancellation of City Telecom services, the Subscriber is responsible at his own expense for the safe return of the equipment to City Telecom in re-salable condition at the address indicated by City Telecom representatives. All returned equipment must be accompanied with a Return / RMA note provided by City Telecom inside the packaging. If applicable, City Telecom will issue the refund within four to six weeks from the equipment return date (Date in which the equipment arrived at the City Telecom “Return depot” and a proof of delivery by signature can be established). Equipment without a Return / RMA note will not be processed or delay by City Telecom. A second copy of Return / RMA note can re-issue to subscriber by e-mail or fax if lost or missing once upon request.
(d) Fees: Equipment not returned within 30 days of service cancellation date or equipment with physical damage or missing components are subject to a replacement fee of up to $120. City Telecom reserves the unilateral right to issue partial refunds when equipment is missing minor items such as cables, power supplies, manuals, packaging etc.
(e) Shipping and handling charge are non-refundable.
(f) Home Phone Pre-paid may only be returned for refund within free trial period from the date of purchase / register and must have less than 250 minutes / pre 15 days of usage. (Otherwise, the CAD$0.03 per minute will be subtracted from your prepaid/deposit before refund is made.)
3.7 Equipment Warranty
All VoIP telephone adaptor equipments are warranty by City Telecom, unless equipment is use in a non-appropriate condition or modified.
3.8 Telephone numbers
If you were assigned a telephone number from City Telecom, this number may at City Telecom sole and absolute discretion and subject to applicable law be assigned to another Subscriber. (City Telecom will take all reasonable measures to prevent such occurrences.)Transferring phone numbers to City Telecom (LNP) is possible only in City Telecom serving territory. If you decide to LNP your existing phone number to City Telecom from another telephone provider; it is possible that your service will be interrupted in certain circumstances while the transfer is in process. City Telecom will not be responsible for any termination fees charged by any other service provider as a result of transferring telephone number to City Telecom. City Telecom can not guarantee or warrant the date on which the number can be switched or can be activated for service. Specific LNP instructions please contact City Telecom for more information. To transfer any number to another company (Reverse LNP) will incur an administration fee of $50 per number.
3.9 No Directory Listing.
City Telecom does not automatically provide directory listings.
4.0 Service Incompatibility.
(a) Home Security Systems. The Service may not be compatible with home alarm systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security or alarm system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service. City Telecom will not be responsible for any damage or loss due to alarm system not working.
(b) Apartment Buzz Number. You acknowledge that the Service presently may not compatible with some apartment buzz number service, and there may be other services with which the Service may be determined to be incompatible.
(c) For the Local Home Phone dial tone only comes out of "line 2" on the back of the Telephone Adapter. In most cases you will connect a telephone to the back of the Telephone Adapter. You can also however connect the Telephone Adapter "line 2" to any available telephone set/jack in the home. This setup MIGHT work and is not supported by City Telecom Technical Support department because of the many variables.
4.1 General Terms
(a) Enurement/Assignment. These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of City Telecom.
(b) Notices. Any notices of change shall be in writing and delivered by e-mail or personal delivery or certified or registered mail or regular mail to the last address provided by Subscriber.
(c) Unenforceable Provisions. If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.
(d) Governing Law. These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario and the federal laws of Canada applicable in such province.
(e) Entire Agreement. These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all previous discussions, negotiations and agreements.
(f) City Telecom may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.ctinets.on.ca. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
(g) French Subscriber confirms that it wishes to have these Terms written in English only. Les parties aux presents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.
(Section 2.) HONG KONG BROADBAND NETWORK LIMITED BROADBAND PHONE
TERMS AND CONDITIONS
These Terms and Conditions constitute an agreement (the “Agreement”) between Hong Kong Broadband Network Limited (“HKBN”) and the subscriber (“You” or “Your”) of HKBN’s enhanced voice communications services and any related products or services (the “Service”). This Agreement governs both the Service and any equipment used in conjunction with the Service. BY ACTIVATING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE, TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS.
< >PROVISION OF SERVICEThe Service is only available where HKBN is able to provide such Service. You acknowledge and agree that HKBN may conduct a preliminary check to determine whether the Service is available in Your area before accepting any subscription of Service from You. Subject to the discretion of HKBN, HKBN is not required to provide the Service to You where:-HKBN has to incur substantial expenses in making available the Service to Your area or Your premises including but not limited to costs incurred in relation to construction work for the connection; Outstanding Charges, Rentals or other applicable charges which remain unsettled by You;Your credit information provided to HKBN is not up to the satisfaction of HKBN;You have not made a deposit in relation to the use of Service and/or Equipment.1A. APPOINTMENT OF GROUP COMPANIES AND/OR THIRD PARTY SERVICE PROVIDERS
1A.1 HKBN may, at its sole discretion from time to time, assign any of its rights and liabilities under this Agreement to any of its and/or its subsidiaries and associated companies, and any other company which is for the time being a holding company (ultimate or intermediary) of HKBN and/or any subsidiary of such holding company from time to time (“Group Companies”) or to appoint any third party, including without limitation, the Group Companies and/or any service providers, agents, contractors, or any other third parties (including but not limited to billing or collection agencies, credit reference agencies, security agencies, financial institutions engaged by HKBN and any of HKBN’s actual or proposed assignees or transferees) (“Third Party Service Providers”), to provide the Service to You on its behalf or to perform any of HKBN’s obligations or to exercise any of HKBN’s rights under this Agreement.
< > SYSTEM REQUIREMENTS2.1 You shall have subscribed and expressly agree to make available, at Your own costs and expenses, to HKBN at the installation address registered with HKBN (“Installation Address”) a valid, stable and unlimited broadband service. You shall have fulfilled such requirements stipulated by HKBN from time to time to enable HKBN to provide the Service for Your use.
2.2 You understand and accept that since the provision of the Service is contingent upon the technology of broadband service and the Internet connection, the Service will be duly affected by factors such as stability of Internet service and the degree of confidentiality. The provision of the Service and the manner in relation to any such provision shall be subject to the sole discretion of HKBN. You acknowledge that HKBN shall not be liable to You in any way for failure of Service.
2.3 The Service is unavailable under a web-log-in broadband technology. If You use broadband service with the Service concurrently, it is Your responsibility and at Your own costs to have (a) multiple logins for xDSL with PPPoE login broadband technology, or (b) multiple IP address for cable modem broadband connection.
2.4 HKBN shall not be liable to You or any third party in regard to any consequences or effect on the broadband service and/or speed and/or bandwidth that may be caused by the Service or otherwise.
3. SERVICE LIMITATIONS
3.1 Not A Substitute to Traditional Telephone Service. You acknowledge and understand that the Service is not a substitute to traditional telephone service. There are IMPORTANT DIFFERENCES between traditional telephone service and the Service provided by HKBN as set out in this Agreement.
3.2 911 Service Currently Not Supported. You acknowledge and understand that HKBN DOES NOT currently support traditional 911 access to emergency services via the Service. You understand and acknowledge that notwithstanding the Service can be connected to 999 emergency service hotline in the Hong Kong Special Administrative Region (“Hong Kong”), the Hong Kong Police Force Emergency Centre or any relevant entity handling emergency to which such 999 emergency service hotline is connected, the Service does not have the ability by any means to locate Your Installation Address where You utilize the Service to make emergency call. You agree to inform any household residents, guests and other third persons who may be present at the physical location where You utilize the Service of the non-availability of traditional 911 dialing from Your Service and Equipment and the inability of tracing by the relevant emergency entities of Hong Kong for 999 dialing from Your Service and Equipment.
3.3 411 and Operator Services Currently Not Supported. You acknowledge and understand that HKBN DOES NOT currently support 411 or Operator services via the Service and that the Service could only be connected to directory enquiries service in Hong Kong.
3.4 Broadband Service Outage. You acknowledge and understand that service outages due to Your broadband Internet service provider will prevent ALL Service from being provided.
3.5 Suspension of Service Due to Power Failure. You acknowledge and understand that the Service does not work in the event of power failure. If there is an interruption of the power supply, the Service will not function until power is restored. A power failure or disruption may require You to re-set or reconfigure Equipment prior to using the Service.
3.6 Service Outage Due to Suspension of Your Account. You acknowledge and understand that suspension of Your account as a result of unsettled billing issues will suspend HKBN’s provision of Service at HKBN’s sole discretion.
3.7 Other Service Outage. You acknowledge and understand that if there is a service outage for any reason, such outage will cause a suspension of the provision of Service.
3.8 Lifeline Device. You acknowledge and undertake that You WILL/ SHALL NOT use the Service for connecting to and/or applying for the “Lifeline Device” or any device of a similar nature. “Lifeline Device” means a medical alarm or any other device for an elderly, infirm or invalid to summon assistance in the event of an emergency without having to dial manually the telephone number of the emergency service.
4. TERM OF SERVICE
4.1 The Service is offered on a monthly basis at a monthly fee (“Monthly Fee”) for the Plan subscribed by You (“Plan”) as stated in the “BROADBAND PHONE” Service Registration Form (“Registration Form”). Subsequent terms of this Agreement shall be renewed automatically on a monthly basis without further action by You unless You give HKBN a written prior notice for termination at least 15 days prior to the end of the monthly term in which the notice is given. Termination will take effect immediately following the expiration of the said 15-day notice period (“Service Termination Date”) and You shall pay for all accrued Charges as of the Service Termination Date. No written confirmation will be given by HKBN upon such termination. Should the Equipment is provided on a rental/loan basis, You shall return the Equipment to HKBN at a specified location designated by HKBN within 15 days from the Service Termination Date and the deposit for the use of Equipment will be returned to You subject to Clause 5.8 herein.
4.2 Upon Your subscription of the Service but before the date of Service activation, HKBN reserves all rights to charge You a handling charge as shall be determined by HKBN from time to time for each and every Service that You request to be withdrawn from the activation of Service.
5. USE OF SERVICE AND EQUIPMENT
5.1 The Broadband Phone and its accessory device, including but not limited to “Broadband Phone Box”, “Broadband Phone Adaptor” and “Broadband Phone Cable(s)” (including “CAT.5 Patch (RJ45)”), shall be collectively referred to as the “Equipment”. The Equipment is provided on a rental/loan basis or sold to You or by other means in order to enable You to use the Service.
5.2 You understand and accept that the Service and the Equipment must only be used at the Installation Address.
5.3 If You remove the Equipment from the Installation Address to another country, You do so at Your own sole risk, including the risk that such activity violates local laws in the country where You do so. You are liable for any and all such use of the Service and/or Equipment by Yourself or any person making use of the Service and/or Equipment provided to You and agree to indemnify and hold HKBN harmless against any and all liability for any such use. Should the removal of the Equipment violate any export control law or regulation, You shall be solely for such violation and agree to indemnify and hold HKBN harmless against any and all liability for such violation. You understand and accept that if the Service and Equipment are used in places other than the Installation Address, HKBN reserves the right to terminate the provision of the Service and demand for the return of the Equipment.
5.4 If You have subscribed the Service for residential account only, the Service and Equipment are provided to You as a residential user, and only for Your personal, residential, non-business and non-professional use. This means that You are not using them for any commercial or profit-making or non-profit activity, including but not limited to home office, charitable, business, sales, telemarketing or any other activity, that would be inconsistent with normal residential usage patterns. You agree that Your use of the Service and/or Equipment for any abovementioned purpose will obligate You to pay HKBN’s higher rates for commercial service on account for all periods. HKBN reserves the right to immediately terminate or modify the Service if HKBN determines, at its sole discretion, that such Service is being used for non-residential or commercial use.
5.5 If You have subscribed to HKBN’s business service, the Service and Equipment are provided to You as a business user. This means that You are not to resell or transfer the Service or Equipment to any other person for any purpose without express written permission from HKBN in advance. HKBN reserves the right to immediately terminate or modify the Service if HKBN determines, at its sole discretion, that the Service is being used for any of the aforementioned activities.
5.6 Unless otherwise provided, You shall:-
< >use the Service and Equipment only for lawful purposes and according to this Agreement;use the Equipment properly and in accordance with the instructions provided by HKBN in order to be entitled to the maintenance service provided by HKBN. Depending on the circumstances, HKBN may carry out repair or cause replacement of the Equipment;keep the Equipment in good condition while it is in Your custody;not or shall not allow any other person to open up or tamper with the Equipment in any manner including, without limitation, any repair, alteration, disassembling, removal of any part or component or electronic serial number or the identifier of the Equipment, or to perform a reset of the Equipment, or use it for anything HKBN does not authorize in advance in writing;not or shall not allow any person interfere, modify, enhance, adapt, translate, disassemble, reverse translate, decompile the software installed in the Broadband Phone Box or in any way to decode, attempt to reverse engineer or make any copies thereof;not permit or cause the Equipment to be repaired, serviced or otherwise attended to except by an authorized representative or agent of HKBN;permit HKBN or its agent to inspect, test and maintain the Equipment at all reasonable times and on reasonable notice;comply with directions given by HKBN from time to time in relation to modifications required to any apparatus at the Installation Address or such other action as necessary to eliminate any interference, impediment or impairment to the Service or the Network;notify HKBN immediately if the Equipment is lost or stolen while it is in Your custody and indemnify the costs of the Equipment unless the Equipment is sold to You;acknowledge that HKBN has the absolute right and ownership of the Equipment provided to You unless the Equipment is sold to You;acknowledge that HKBN retains all ownership and intellectual property rights to the Service which are embodied in hardware, software, documentations, manuals, product, support and employee, expertise or anything licensed to or developed by HKBN and delivered to You in connection with the provision of the Service in whatsoever manner and shall indemnify HKBN against all liabilities, claims, demands, actions, costs, damages and loss arising out of the breach or non-performance of the terms and conditions herein; not remove the Equipment and use the Service away from Your Installation Address; and use or connect or apply whatsoever the Lifeline Device through or to the Service.5.7 HKBN reserves the right to terminate the Service immediately and without advance notice if HKBN, at its sole discretion, has reasonable grounds to believe and determine that You have violated any of the provision under Clause 5.6. In this connection, You shall be responsible for the full month’s Charges to the end of the current term, including all unbilled Charges, all of which immediately become due and payable.
5.8 Unless You have purchased the Equipment, (i) You shall pay a deposit and monthly rental fees for the Equipment, (ii) You agree that the Equipment shall at all times remain the property of HKBN, and that You have no right, title or interest therein; (iii) the rental/loan of the Equipment shall be terminated upon the termination of the Service; and (iv) You acknowledge that HKBN reserves the right to terminate the rental/loan of the Equipment to You at any time and for whatever reasons.
5.9 In the event the Service is terminated and the Equipment is provided to You on a rental/loan basis, You must return the Equipment in good working conditions and in its complete set to HKBN within 15 days of Service Termination Date. In case of any non-return of the Equipment by the expiration of the said 15-day period or in case of any loss or damage to the Equipment or any part thereof, You authorize HKBN to charge the value amount of the Equipment to Your account immediately without further notice and You shall be responsible for such payment. Should You request HKBN to perform an on-site service at the Installation Address for collecting the Equipment, HKBN will use its endeavours to make arrangement within 2 weeks or other reasonable time upon receipt of Your written notice and will charge You for CAN$30 per visit or any other amount as HKBN shall deem appropriate from time to time.
5.10 In the event of malfunctioning, breakdown or damage to and of the Equipment, HKBN shall not be liable to repair or replace the Equipment or any part or component thereof if such event arises from or is occasioned by fair wear and tear, any misuse, negligence, willful damage, or damage on Your part or Your agents or employees, by breach of the terms herein, any accident beyond the control of HKBN, force majeure or any use of the Equipment outside the Installation Address at which You are situated.
5.11 It shall not be HKBN’s responsibility to repair or carry out any maintenance or replacement work if the Equipment or any part thereof is beyond repair for whatsoever reasons.
5.12 If You receive the Equipment from HKBN or its agents or any third party and the Equipment includes a limited warranty at the time of receipt, You must refer to the separate warranty document provided with the Equipment for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. Such warranty shall not apply to any defect or failure other than inherent or manufacturer’s defect and shall not apply to scratch, damage, defects caused by damage in transit, mishandling of You, opening of and tampering with the Equipment by unauthorized technicians or persons and beyond the warranty period. If Your Equipment did not include a limited warranty from HKBN at the time of receipt, You agree that You accept HKBN’s Equipment on an “as is” basis and that You are not entitled to replacement or refund in the event of any defect. Unless otherwise stated, HKBN will provide a limited warranty on the Equipment as to manufacturing defects only for a period of one year from the date of purchase.
5.13 OTHER THAN WARRANTIES AS TO THE EQUIPMENT SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT, HKBN MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE EQUIPMENT OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET YOUR REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT.
6. PROVISION OF TELEPHONE NUMBER AND NUMBER PORTABILITY
6.1 Upon subscription of the Service, HKBN will provide You a Hong Kong telephone number with an area code of 852 (“Telephone Number”). This means that the Telephone Number enables You to make and receive calls to and from Hong Kong as if You were making a local call in Hong Kong.
6.2 You acknowledge and understand that should You use the Equipment to make calls to a number in Canada or places other than Hong Kong, such call will not be counted against the air time included in the Plan You have subscribed and You will be charged at the applicable rates for long distance call of that destination.
6.3 Upon termination of the Service, HKBN shall have the right to assign the Telephone Number previously provided to You to any other customers.
6.4 As stated in Clause 5.2 and 6.1 above, You understand and accept that the Service and the Equipment must only be used at the Installation Address and the number provided to You is a Hong Kong telephone number. You understand that the Service does not support the number porting to Your local operators except Hong Kong operators. If You decide that You do not need the Service and would like to port out the Telephone Number to other operators in Hong Kong, You are encouraged to contact our Customer Service Hotline for such number porting arrangement before so doing. Any of such porting out of the Telephone Number would mean that You would terminate the Service and thus You will be responsible for the full month’s Charges to the end of the current term, including without limitation unbilled charges; all of those said charges shall become due and payable immediately.
7. FRAUD
7.1 You agree to notify HKBN immediately, in writing or by calling the HKBN customer services hotline at 1-866-787-8897, if the Equipment is stolen or if You become aware at any time that Your Service is being stolen or fraudulently used. HKBN shall charge You for such costs for replacement of the lost or stolen Equipment unless the Equipment is sold to You. When You call or write to HKBN, You must provide Your account number and a detailed description of the circumstances of the Equipment theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of Your Service by HKBN and You ay be held liable for additional charges to HKBN.
7.2 You shall be liable for the Monthly Fee in relation to the use of the Service using the Equipment stolen from You and any and all stolen Service or fraudulent use of the Service during the term of the Service.
8. CREDIT AND PERSONAL INFORMATION
8.1 You consent and agree that HKBN and the Group Companies have the right to check Your credit rating from time to time.
8.2 You agree that You will give HKBN prior written notice of any changes to Your billing information, including but not limited to Your new address and contact information.
8.3 You consent to the receipt and provision of account information from and to credit grantors, credit bureaus and suppliers of services. HKBN respects Your personal information shall adhere to the Group Companies’ Privacy Policy when handling Your personal information, so far as is applicable.
8.4 You acknowledge and consent that HKBN may have to engage the Group Companies and/or Third Party Service Providers, whether within or outside Hong Kong or Canada, for the provision of the Service. You acknowledge and consent that HKBN may, without giving You any prior notice, provide Your personal information to such Third Party Service Providers and/or the Group Companies, whether within or outside Hong Kong or Canada, for the purposes of provision of Service, credit verification, administration, marketing promotions, data processing, customer services or otherwise to perform obligations or enforcing rights under this Agreement, or any other purposes incidental to or in contemplation thereof. You acknowledge and consent that Your personal information maybe processed and stored in the countries in which the Third Party Service Providers or the Group Companies are located, whether within or outside Hong Kong or Canada. HKBN endeavours to take all reasonably practicable steps to ensure that Your personal information is transferred to such parties in a secure manner.
8.5 You acknowledge and consent that HKBN, the Third Party Service Providers and the Group Companies may provide or disclose Your personal information to the government, court of laws, law enforcement authorities and/or other legal or regulatory authorities, departments or commissions of any jurisdiction (“the Authorities”), without giving You any prior notice, upon the request from the Authorities or as required by applicable laws or regulations or in any other situations as HKBN, the Third Party Service Providers and/or the Group Companies deem appropriate for the purposes of compliance with applicable laws and court orders, investigation or prevention of crimes or for any other purposes as HKBN, Third Party Service Providers and/or the Group Companies deem necessary.
8.6 You agree that HKBN shall provide Your personal information to Hong Kong Police Force or any relevant entity which handles emergency upon their requests without giving You any prior notice in situations as HKBN deems appropriate. You shall notify HKBN in writing for change of Your Installation Address and cause Your Installation Address to be updated in HKBN’s record, failing which, You run the risk that Your changed Installation Address cannot be traced by HKBN when any emergency call is made and HKBN shall assume no liability for any consequence in connection with such failure caused by You.
9. CHARGES AND BILLING
9.1 Monthly Fee and rentals for the Equipment (“Rental”) shall be payable on a monthly basis from the date of Service subscription in advance and other applicable charges are payable when billed. Monthly Fee, Rental and other applicable charges, which are collectively referred to as “Charges”, shall be calculated in accordance with the charges stated in the Registration Form. You shall pay the Charges to HKBN in full by the due date as stated in the invoice (“Due Date”) (without any deduction, set-off or withholding of any amount) for the Service and Equipment furnished to You. All payments in respect of the Charges are non-refundable and non-transferable.
9.2 You acknowledge and understand that all calls made and/or received, and/or other items which HKBN deems appropriate from time to time are calculated according to the date and time of Hong Kong.
9.3 Under normal circumstances, HKBN will issue an invoice for the payment of the Monthly Fee and Rental every month. If You have not fully settled any invoice by the Due Date, HKBN reserves the right to charge interest on any outstanding amount at a monthly compound rate of 1.5 percent per month (19.56 percent per annum) or such rate as permitted by applicable law.
9.4 Air time included in the Plan is provided on the basis that all calls made via the use of the Service are to a landline or mobile phone of Hong Kong. Any additional air time used by You on top of those included air time shall be calculated according to the rates schedule as stipulated for the relevant Plan. For the avoidance of doubt, any calls made from the Equipment to places (including Canada) other than Hong Kong will not be included in the Plan and will be charged at the applicable HKBN long distance call rates for that destination.
9.5 Administrative fee of CAN$15 will be charged for any payments returned for non-sufficient funds.
9.6 Questions concerning any invoice must be brought to HKBN’s attention within 15 days of the invoice date. Otherwise, the invoice shall be deemed to be accepted by You.
9.7 HKBN may impose a credit limit for Your account as determined by HKBN from time to time. Should any Charges exceeds such credit limit, HKBN shall be entitled to suspend or terminate the provision of the Service in whole or in part to You and/or to charge all outstanding Charges against Your credit card account registered with HKBN and/or You must pay immediately any amount exceeding the credit limit.
9.8 HKBN may charge Your outstanding balance which remains unpaid 15 days after the invoice date to the Credit Card account registered with HKBN.
9.9 You are responsible for and shall pay any applicable federal, state, provincial, municipal, local or other government sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Your subscription or use or payment for the Service or the Equipment. Such amounts are in addition to payment for the Service or Equipment. If You are exempt from payment of such taxes, You shall provide HKBN with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date HKBN receives such certificate.
9.10 In case of disputes over any usage of the Service, the Charges or calls made with the Equipment, HKBN’s decision based on its usage records shall be final and binding on You.
10. SUSPENSION OR TERMINATION OF SERVICE
10.1 HKBN does not warrant or guarantee the Service to be continuous or uninterrupted throughout the term of the Service. You accept that the Service and the Equipment are provided on an “as is” and/or available basis. You accept that the provision of the Service is contingent upon the reliability of the Internet.
10.2 You understand and accept that the Service will be failed, interrupted, delayed or suspended in case of power failure or such any other situation beyond HKBN’s reasonable control. In such situation, calls may be temporarily not able to be connected to, including without limitation, emergency number of Hong Kong through the Service. HKBN makes no warranty as to the quality and availability of the Service and accepts no legal liability in relation thereto. HKBN shall not in any way be held liable for any loss and damage arising out of such failure, interruption, delay and suspension directly or indirectly.
10.3 HKBN reserves the right to suspend or discontinue furnishing the Service, cancel Your account and/or terminate Your Service, at any time at its sole discretion without notice and without limiting any other remedies available to HKBN for reasons including but not limited to:-
any outstanding Charges payable by You remains unpaid 15 days after the Due Date; or
< >the event that You become or is threatened to be the subject of bankruptcy, winding up or receivership proceedings; orYour outstanding Charges exceeding the credit limit established from time to time by HKBN; orYour breach of any terms of this Agreement; orHKBN being suspicious of any fraud or misuse of the Service or any unauthorized activity in relation to the use of the Service by any person; orHKBN being prohibited from providing the Service under any applicable law or regulation or in accordance with any determination or decision made by any court or telecommunication authority including but not limited to Canadian Radio-television and Telecommunications Commission or authority of competent jurisdiction; orRecord of abnormal traffic pattern (at the sole discretion of HKBN) about the use of our Service. 10.4 If HKBN discontinues the provision of the Service generally or terminates Your Service at its discretion without a stated reason, You will only be responsible for Charges accrued through the date of termination, including a pro-rated portion of the final month’s Charges. If Your Service is terminated for any stated reason, You will be responsible for the full month’s Charges to the end of the current term, including without limitation unbilled charges; all of those said charges shall become due and payable immediately.
11. VALUE ADDED SERVICE
11.1 You understand and agree that value added service which includes without limitation Caller Display, Call Waiting and 3-Way Calling are subject to availability and discretion of HKBN.
12. LIMITATION OF LIABILITY
12.1 You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Equipment provided to You and agree to indemnify and hold harmless HKBN and the Group Companies against any and all liability for any use that does not comply with this Agreement.
12.2 You acknowledge and agree that HKBN and the Group Companies shall not be liable to You for:-
< >any fault in other equipment or device You use;any fault in the Equipment whether or not caused by You tampering with it, Your negligence or failure to follow HKBN’s instructions;Your use of Equipment with any other equipment or device that HKBN does not in advance authorize in writing;Your use of Equipment away from the Installation Address.
12.3 To the extent permitted by law, HKBN, the Group Companies and any Third Party Service Providers, together with their respective directors, employees or agents expressly disclaim any liability for:-
(a) any damage to or loss of data, voice or other information arising from Your use of the Service or Equipment;
< >any claim based on contract, tort or otherwise for any direct or indirect loss of revenue, profits or any consequential losswhether of an economic nature or any such loss which You suffer as a result of any error, inaccuracy introduced into Your modem or other devices by, through or in connection with the use of the Service or Equipment;any claim relating to the Service and/or any content accessible through the Service, or Equipment supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);any disruption or suspension or degradation of the Service or Equipment or any part thereof;any damage which is attributable to an event or circumstance beyond HKBN’s control i.e. “”. A “” includes but is not limited to acts of God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other regulatory authorities, labour disputes, trade disputes or delays of third parties over which HKBN has no control.
12.4 HKBN’s liability for any interruption, delay, error or defect in transmission, equipment or service provided to You under this Service or in any way arising out of this Agreement and any related agreements shall be limited to an amount equivalent to HKBN Charges incurred by You for the period of Service during which such circumstances occurred.
13. INDEMNIFICATION
13.1 You agree to indemnify, defend and hold harmless HKBN and the Group Companies, its affiliates, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of this Agreement by You. The provisions of this section shall survive termination of this Agreement.
13.2 Without prejudice to the foregoing, You acknowledge and agree that You shall be fully liable and shall indemnify HKBN for any expenses and liability incurred under all applicable laws and regulations (including, without limitation, the installation of backup electricity supply for the Service) arising from or incidental to a breach of Clause 3.8 hereinabove.
14. NO WARRANTIES ON SERVICE
14.1 HKBN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, HKBN DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER HKBN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO YOUR TRANSMISSION FACILITIES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF HKBN OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY HKBN OR HKBN’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
15. ASSIGNMENT
15.1 You shall not in any event assign, resell, sublet, license or transfer the Service to another party without the prior written consent of HKBN whether or not there is any monetary consideration. HKBN reserves the right to assign, transfer or otherwise deal with all or part of its rights or duties under this Agreement without prior notification to You.
16. GOVERNING LAW AND JURISDICTION
16.1 HKBN reserve the right to have final decision on any dispute regarding the terms and conditions herein stated.
16.2 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
16.3 Without prejudice to Clause 16.2 hereinabove, You agree to observe and comply with all laws, regulations and government orders and directions of applicable jurisdictions, including without limitation, Canada, in relation to the Service and Equipment.
17. COMPLIANCE
17.1 You shall at all times fully comply with all legal and regulatory requirements applicable to the use of the Service and Equipment and shall observe all instructions or guidelines imposed by HKBN from time to time. You further undertake not to use or allow others to use the Service or Equipment for any purpose which HKBN considers improper, immoral, defamatory, fraudulent or otherwise lawful.
18. SEVERABILITY
18.1 If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be deemed severable from the other provisions. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
19. WAIVER
19.1 The terms and provisions of this Agreement may only be waived in writing signed by HKBN.
19.2 No failure by HKBN to insist upon Your performance of any obligation in this Agreement will constitute a waiver of the obligation.
20. CONFIDENTIALITY
20.1 The Service utilizes, in whole or in part, the public Internet and third party network to transmit voice and other communications. HKBN shall not be liable to You for any lack of privacy which may be experienced with regard to the Service or with regard to the disclosure or transfer of Your personal information to any third party in situations stipulated in this Agreement. However, HKBN shall endeavour to take all reasonably practicable steps to ensure that Your personal information are transferred to such third parties in a secure manner as HKBN deems fit.
21. AMENDMENTS
21.1 HKBN reserves the right to amend the provisions and terms and conditions in this Agreement by giving You a reasonable notice as determined by HKBN pursuant to Clause 25.1. Should there be any dispute arising in connection thereto, the determination of HKBN shall be final and conclusive.
22. ENTIRE UNDERSTANDING
22.1 This Agreement constitutes the entire agreement and understanding between HKBN and You and supersedes all prior arrangements or understandings, whether oral or written, between HKBN and You relating to the subject matter hereof.
23. SURVIVAL
23.1 Any provisions of this Agreement which by its nature extend beyond termination shall survive such termination.
24. PROCESSING AGENT
24.1 HKBN shall have the rights to maintain a representative for service of process outside Hong Kong. Any notice, communications, demands and/or court documents whatsoever shall be deemed duly served to and accepted by HKBN if the same have been delivered to such possessing representative as authorized and appointed by HKBN from time to time.
25. OTHERS
25.1 Any notices or communication by HKBN to You shall be sufficiently given if addressed to You by hand delivered, by post, facsimile, email, posting on web-site ([www.ctinets.on.ca] or other web-site as specified by HKBN from time to time) or by other transmission method as HKBN deems fit and such notices or communication shall be deemed to have been given and received by You.
25.2 Should You use the Service in subscribing for other service(s) provided by HKBN, You agree to observe and comply with other terms and conditions as specified by HKBN from time to time.
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