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Smart Telecom
Long Distance Services - Terms and Conditions
1. Definitions
"Services" are any and all of the residential and small business long distance voice services and related product offerings provided by Smart Telecom - "Smart Telecom". "You" means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services.
2. Use of Services and Responsibility for Charges
Use of Services and Responsibility for Charges You may use the Services for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements. You are responsible for paying all charges for the Services, including for all calls and services:
(i) made via your telephones or telecommunications systems;
(ii) made using any number or authorization code assigned to you, including any calling card number or any other personal identification number assigned to you or selected by you;
(iii) which are charged to your account. You are responsible for the security of your authorization codes, and access to your telephones and telecommunications systems. You have acknowledged that you are the person authorized to subscribe for the Services. In the event of a dispute regarding your authorization to subscribe for long distance Services, Smart Telecom will accept the local voice subscriber as the sole person so authorized.
3. Billing and Payment
Charges will commence as of the activation date for the applicable Services. Smart Telecom will invoice you monthly for charges for the Services on the customary billing date. You must pay amounts invoiced by the due date specified on the invoice, failing which you will be charged interest on outstanding past due amounts beginning on the day after the amounts were due at the rate of 1.5% per month (19.56% per annum), or such other rate as Smart Telecom may set from time to time. The invoice will include, and you will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned items ($15.00 per returned item). Smart Telecom will bill you based upon call duration in one minute increments. Call timing will be determined conclusively by Smart Telecom's network systems. Any fraction of an increment will be treated as an entire increment. Smart Telecom reserves the right to require payment on an interim basis, prior to the normal billing date in circumstances where there is an abnormal risk of loss, for example where you have incurred a significant amount of long distance or other charges, or in situations of suspected fraud. In such cases, charges will be considered past due when the time period for payment as specified by Smart Telecom has lapsed. You must bring invoice inquiries and disputes to Smart Telecom's attention within 30 days of the invoice date or you will be deemed to have accepted the invoice as accurate in all respects. Smart Telecom will review any disputed charge, provided you continue to pay the undisputed portion and subsequent invoices. If you do not claim your credit balance within the 180 day period, it shall become the property of Smart Telecom, and any account credits provided by Smart Telecom will expire. Smart Telecom reserves the right to charge a reasonable processing fee in connection with issuing refunds.
4. Credit and Security Deposits
Credit and Security Deposits: Smart Telecom reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. Should Smart Telecom at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Smart Telecom will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by you to Smart Telecom. By subscribing to the Services, you authorize Smart Telecom to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as Smart Telecom may reasonably request for this purpose.
5. Smart Telecom's Right to Refuse to Provide Services
Smart Telecom may at its discretion refuse to provide Services to you.
6. Service Interruption
Smart Telecom may interrupt your Services 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.
7. Smart Telecom's Liability
(1) Smart Telecom does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. Smart Telecom’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of Smart Telecom, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall Smart Telecom be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
(2) Smart 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 service);
iii) your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
iv) its failure, for any reason, to activate any Services on the activation date you requested;
(3) Smart Telecom provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Smart Telecom. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by Smart Telecom. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.
8. Your Liability
(1) You agree to indemnify and hold harmless Smart Telecom against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
(2) You must not use, in any manner or circumstances whatsoever, Smart Telecom's, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
9. Suspension or Termination of Services by Smart Telecom
(1) Without incurring any liability whatsoever, Smart Telecom may immediately suspend or terminate any or all of the Services where you:
i) fail to pay an account that is past due, or you provide payment by cheque which is not honored by your bank;
ii) fail to provide interim payments when requested by Smart Telecom;
iii) fail to provide or maintain a reasonable deposit or alternate security when requested to do so by Smart Telecom;
iv) fail to meet Smart Telecom's credit requirements, or you become bankrupt or otherwise insolvent;
v) fail to comply with the terms of a deferred payment or credit agreement with Smart Telecom;
vi) violate any provision of these General Terms of Service;
vii) use or permit others to use the Services so as to prevent fair and proportionate use by others;
viii) use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
ix) charge or allow others to charge any other person for the use of the Services without Smart Telecom’s prior written agreement;
x) harass, threaten or otherwise act unreasonably towards Smart Telecom, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits;
xi) alter or otherwise interfere with Smart 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 line’s equipment, facilities or network; or
xii) fail to provide payment for other accounts with Smart Telecom, including amounts owed by you as a guarantor for the account of another.
(2) In the event of a billing dispute, Smart Telecom will not suspend or terminate your Services where:
i) you are prepared to enter into and honor a mutually acceptable deferred payment agreement; or or
ii) payment is made for all undisputed amounts when due, provided Smart Telecom does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment.
(3) In the event of a suspension or termination of the Services, all features and services, to the applicable telephone numbers will also be suspended or terminated. A suspension or termination will not affect your obligation to pay any amounts owed to Smart Telecom either during or after the suspension or termination.
(4) If the Services were suspended or terminated for cause, including non-payment or any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line.
10. Smart Telecom Initiated Changes in Telephone Numbers
Smart Telecom reserves the right to change the access telephone number assigned to you. Smart Telecom will provide notice of such change to you indicating the date of such change.
11. Your Right to Cancel
Smart Telecom permits you to cancel your Services at any time by contacting Smart Telecom’s Customer Service at the number shown on your invoice. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.
12. Changes, Modifications or Termination of Plans or Plan Features
Without incurring liability, Smart Telecom may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.
13. Customer Confidentiality
Unless you consent in writing, or disclosure is pursuant to a legal power, all information kept by Smart Telecom about you, other than your name, address and telephone number, is confidential and may not be disclosed by Smart Telecom to anyone other than:
i) to you;
ii) a person who, in the reasonable judgment of Smart Telecom, is seeking the information as your agent;
iii) another company involved in supplying the Services provided the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information to be used only for that purpose;
iv) an agent retained
by Smart Telecom in the collection of your account or for such other purposes as may in Smart Telecom’s discretion be necessary for the efficient supply of Services to you, provided the information is required for, and is to be used only for that purpose; or
v) disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required by-law.
14. Customer Service
You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other Smart Telecom services or products, your account or any other matter relating to Smart Telecom, seven days a week,
at 416-301-7057. You may also write to Smart Telecom at: Smart Telecom
319 Patricia Av.
North York, Ontario
15. General Terms of Service
These General Terms of Service are binding upon you and on Smart Telecom and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without Smart Telecom's prior written consent. These General Terms of Service are governed by the laws of the province of Ontario.
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