Local Phone Service terms and
conditions
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.
1.
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.
1.1 9-1-1 Emergency Call
City 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.
Updated on 15 Dec, 2009