YORK TELECOM Inc – General Terms & Conditions

The Customer recognizes and accepts that the present terms and conditions may be modified by York Telecom at any time in accordance with provision herein and any changes will be posted on, along with the effective date

The Customer recognizes and accepts that the present terms and conditions may be modified by York Telecom at any time in accordance with provision herein and any changes will be posted on, along with the effective date

1) APPLICABILITY
These Terms and Conditions govern the provision of and use of residential services including but not limited to home phone, high-speed Internet, television and long distance services provided by York Telecom, as well as any hardware, equipment or devices provided by York Telecom in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term.

2) PAYMENT
Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. York Telecom requires pre-authorized credit card payments for certain services. Payments are due on the date specified in the service order, or upon receipt of invoice. Overdue amounts may be subject to interest fees of 1.25% per month (16.07% per year).
For bundle packages, the acceptance of the order is conditional on the payment of the first invoice which includes the activation and installation fees, and service charges for the initial billing period. The payment is non-refundable unless York Telecom cannot provide the service to the Customer.
In the event of a payment default, any outstanding amount becomes immediately payable and due. A twenty-five dollar ($25.00) charge may be applied for any payment items returned by the bank. In the event of returned preauthorized charges to a bank or credit card, York Telecom may attempt to process payment before the next regularly scheduled payment.
A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.
If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify York Telecom in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. York Telecom reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.

3) SERVICE SUSPENSION
In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, York Telecom may suspend service without prior notice.
York Telecom may impose a charge of up to $75 for disconnection of each Service and a separate charge of $75 for reconnection of each Service, and the Customer shall pay to York Telecom all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by York Telecom following a reconnection request.
Orders are subject to credit approval and in the event of unacceptable credit risk, York Telecom may interrupt some or all services or features without prior notice.
4) LIMITATION OF LIABILITY AND INDEMNIFICATION
York Telecom will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. The aggregate liability of York Telecom to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL YORK TELECOM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE YORK TELECOM 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT YORK TELECOM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless York Telecom, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or York Telecom in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to York Telecom in connection therewith.

5) PRICES AND SERVICE FEES
Prices for services and/or discount rates excluding long distance service may be subject to change upon written notice. In such cases, the Customer will be informed thirty (30) days before the effective date.
Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.
Unpaid invoices for 3, 6, and 12 month terms may result in an automatic change to monthly pricing and invoicing.
In the event of non-maintenance related interruptions, York Telecom may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.
Service orders may be subject to credit approval and in the event of unacceptable credit risk, York Telecom may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice.

6) EQUIPMENT PROVIDED BY YORK TELECOM
The Customer agrees to maintain and operate any equipment, software and services provided by York Telecom in compliance and in accordance with the applicable operating instructions provided by York Telecom. If York Telecom provides equipment to the Customer, such equipment will remain the property of York Telecom unless it has been purchased by the Customer. The Customer agrees to return any equipment owned by York Telecom upon request.
The equipment is to be returned to York Telecom within ten (10) business days of such request or following the cancellation date. In the event that the equipment is not returned by the Customer, York Telecom reserves the right to charge for such equipment the lesser of the current Customer purchase price and the price described in the Service Order. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, York Telecom reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment.
Customer Premise Equipment (CPE) that is supported by our vendors may change periodically. Should the equipment no longer be supported, the client will be responsible for the cost of purchasing new CPE. Refunds are not available for end-of-life CPE.
For customers who opt to source their own CPE from alternative vendors, York Telecom will not be responsible for any downtime associated with equipment issues, and customer must replace such CPE at own cost.
The obligations listed in this section above will survive the expiration or termination of the service agreement.

7) EQUIPMENT PURCHASE FROM YORK TELECOM
The sale of any equipment shall be final and the equipment may not be returned or exchanged without the consent of York Telecom. Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date for parts and labor. York Telecom will replace any defective equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify York Telecom promptly so that York Telecom may arrange to make the necessary assessment.

8) REMOTE SUPPORT AND MAINTENANCE
In order to provide The Service to its Customers, York Telecom may directly or through a third party connect remotely to Equipment such as but not limited to modems, Internet Telephone Adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
In addition to the above, for the purposes of correcting or analyzing service problems, York Telecom may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
York Telecom may, without any liability, interrupt the services for technical or maintenance purposes. Where possible York Telecom shall provide advance notice advising the Customer.

9) FORCE MAJEURE
Notwithstanding any other provisions, York Telecom shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.

10) TRANSFER OF ACCOUNT
This account shall not be assigned or transferred in any way whatsoever without the prior written consent of York Telecom which may be withheld at its discretion.

11) CANCELLATION OF SERVICE
Cancellation of service requests must be communicated to York Telecom in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of residential high speed Internet service, television, residential telephone or long distance services will be effective on the last day of the current billing period. The Customer must return any York Telecom owned equipment prior to York Telecom refunding any deposits or credits due to the customer.
Early cancellations of 3, 6, and 12 month terms may result in a recalculation of monthly rates in exclusion of any previously applied prepayment discounts prior to the refunding of any deposits or credits due to the customer.

12) DELETION OF MESSAGES AND DATA
Upon termination of the Service, York Telecom is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer.

13) ACCEPTABLE USE POLICY
The Customer agrees to abide by these general terms and conditions and the Service specific terms and conditions found herein.

14) UNAUTHORIZED ACCESS
Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.

15) VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which York Telecom, in its sole discretion, believes violates this Agreement, may result in York Telecom taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. York Telecom shall not have any liability for any such responsive actions.
The above described actions are not the exclusive remedies of York Telecom and York Telecom may take any other legal or technical action it deems appropriate.
York Telecom reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, York Telecom may suspend The Service(s) involved.

16) NO WAIVER
The failure of York Telecom to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

17) SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.

18) PRIVACY POLICY
A copy of our privacy policy is available upon request, and can be viewed in the Legal section of www.York Telecom.ca.
TERMS & CONDITIONS FOR LOCAL PHONE LINE AND LONG DISTANCE SERVICES
(Herein referred to as “The Service”)

 

TERMS & CONDITIONS FOR LOCAL PHONE LINE AND LONG DISTANCE SERVICES (Herein referred to as “The Service”)

1 – THE SERVICE

(a) Service Description
The Service may include local telephone line(s) and/or a long distance plans which have usage dependent pricing. The local phone line service requires a broadband Internet connection and a Customer supplied touch tone enabled telephone set to be connected to a York Telecom supplied (rental or purchase) Internet Telephone Adapter.

(b) Normal residential, non-commercial use of Service and Equipment
The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use. To further clarify, the Customer agrees that they may not use the Service for any commercial activities including but not limited to telemarketing, autodialing, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage.
UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF YORK TELECOM AND PAYMENT OF APPLICABLE FEES.

(c) Customer responsibility
The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) collect-calls, toll charges, 1010 type usage-dependent charges, fees from 411, 711, etc. and/or other fees according to the rate in effect at the time of usage. Collect calls and 1010 charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform York Telecom if the device has been stolen, tampered with or used by unauthorized persons or in any manner in violation of the AUP.
The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.
York Telecom may at its discretion limit the use of its services or may require the customer to obtain a higher grade of service if a disproportionately high number of calls are being made to Nunavut, Yukon or the Northwest Territories (area code 867).

(d) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use or permit the Service to be used for the following purposes:
• Any use that prevents fair and proportionate use by others; in cases of excessive demand, York Telecom may limit the use of its services as necessary or may require the Customer to obtain a higher grade of service at a higher subscription cost.
• Using the Service for illegal activities or harassing or threatening behavior.
• Altering Caller ID information in a manner that would be deceptive or likely to create confusion or mistaken identity.
• Misuse of calls to emergency services.

(e) Use of Service outside Canada
If the Customer accesses or uses the Service or the equipment in countries other than Canada they do so at their own sole risk. This includes the risk that such activity violates local laws, import-export control laws, or regulations in that country. The Customer remains liable for, agrees to hold York Telecom harmless against any liability arising from, any such usage.

(f) Monitoring of activity
York Telecom reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
York Telecom may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.

(g) Telephone Numbers
The telephone numbers that York Telecom provides in conjunction with the Service to The Customer may be listed in telephone directories; however, in certain cases The Customer may need to specifically request listings when ordering or porting numbers, or after installation. The Customer does not own or have any property rights in any telephone number provided by York Telecom in conjunction with the Service. Although changes in phone numbers and service arrangements are not anticipated, York Telecom cannot warrant against them. York Telecom is not liable for any costs, damages or other amounts resulting from changes to telephone numbers.

(h) Calling Card
The Customer is responsible for all charges incurred when making calls using York Telecom calling cards. In the event that a card is lost, stolen, or misplaced, the Customer must inform York Telecom to cancel the calling card. Until such notification is received, the Customer shall remain responsible for all charges.
Residential vs Business. Any client found to be a residential client and communicating with more than 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more than 50 calls, it simply means that you cannot communicate with more than 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more than 250 completely different numbers is also prohibited. In addition. If a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to York Telecom Inc due to such actions..

2 – EMERGENCY SERVICES 9-1-1 DIALLING

The 911 service provided by York Telecom differs in a number of important ways from traditional 911 or Enhanced 911 (E911) dialing available with most traditional telephone services – and has specific limitations relative to E911.

(a) E911 vs. Basic 911 Service
When placing a call to emergency services with E911, the Customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced”.
With Basic 911 the Customer’s telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller’s needs and emergency service address. The operator then transfers the caller to the appropriate emergency services agency.
York Telecom provides a basic 911 service.

(b) Other users
The Customer agrees to inform any users and potential users of the service (household residents, guests and visitors) of the nature and limitations of the York Telecom-provided 911 service described below.

(c) Routing of 911 calls
When a caller dials 911 using the Customer’s service, the call is routed from the York Telecom network to our emergency services operator. The operator will verbally confirm with the caller that they are either located at the emergency service address registered with York Telecom, or if not, their present emergency service address. The operator will then determine the appropriate emergency agency and transfer the caller accordingly.

(d) 911 dependency on AC power and broadband Internet
911 dialing and York Telecom service do not function during an electrical power or broadband Internet outage.
An AC power interruption or failure and/or interruption or failure of broadband Internet service may result in equipment needing attention by the Customer or York Telecom prior to the service being available for calls including emergency calls. When the service is unavailable the Customer will need to access a traditional phone or cellular phone in order to make an emergency call.
Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using York Telecom equipment as compared to 911 dialing over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service agencies than in the case of traditional 911 calls. The Customer acknowledges and understands that York Telecom cannot be held liable for service delays beyond its reasonable control.
WARNING: For added clarity, the Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or service-related equipment, including without limitation, improper modifications or tampering, the Service may not function and emergency calling may be unavailable.

(e) Use of the 911 service when traveling
Unlike traditional phone lines, this service is portable to any location with broadband Internet access. For example, the Customer traveling with his Internet Telephone Adapter can take his service with him and place and receive telephone calls over any available broadband Internet connection.
Under such circumstances York Telecom 911 service remains available but only for emergency service addresses in Canada and the United States. The Customer shall not attempt to use the York Telecom 911 service while outside of Canada or the United States.
If the Customer is traveling outside of Canada or the United States, the Customer must familiarize himself on how to contact emergency services in that country.

(f) Limitation of Liability and Indemnification
As stated under Section 4) LIMITATION OF LIABILITY AND INDEMNIFICATION in the GENERAL TERMS & CONDITIONS:
York Telecom will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. The aggregate liability of York Telecom to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL YORK TELECOM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE YORK TELECOM911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT YORK TELECOM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless York Telecom, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or York Telecom in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to York Telecom in connection therewith.