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Terms
Definitions
"Services" are any and all of the residential and business long distance voice services
(named “ComfyTel”) and related product offerings provided by ComfyTel Networks.
Term ”Company” in this document refer to ComfyTel Networks, registered in Ontario,
Canada. "You" means the subscriber to any Services including any person, firm, corporation
or other entity that utilizes the Services.
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, Company will accept
the local voice subscriber as the sole person so authorized.
Charges and Payment
Charges will commence as of the activation date for the applicable Services. Company
will charge you based upon call duration in one minute increments. Call timing will
be determined conclusively by Company network systems. Any fraction of an increment
will be treated as an entire increment. You must bring inquiries and disputes regarding
charges to Company attention within 30 days of the charge date or you will be deemed
to have accepted the charge as accurate in all respects. Where your Services are
cancelled, either by you or by Company, and there is an undisputed credit balance
on your account, you may, between the 60th and 120th day after cancellation, require
that it be applied to any ongoing or new Services provided to you within 120 days
of the cancellation, or that it be refunded to you. If you do not claim your credit
balance within the 120 day period, it shall become the property of Company, and
any account credits provided by Company will expire. Company reserves the right
to charge a reasonable processing fee in connection with issuing refunds.
Company's Right to Refuse to Provide Services
Company may at its discretion refuse to provide Services to you where Company has
reason to believe the account will be use for fraud or illegal purposes.
Service Interruption
Company 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.
Company Liability
(1) Company does not guarantee uninterrupted operation of the Services, or of its
equipment, facilities, connections or network. Company'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 Company, 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 Company 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) Company 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) any event beyond the reasonable control of Company 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; or
v) its failure, for any reason, to activate any Services on the activation date
you requested;
Company 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 Company. 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 Company. 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.
Your Liability
You agree to indemnify and hold harmless Company 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. You must not use, in any manner or circumstances whatsoever, Company's,
trade-marks, trade names, logos or designs, and you have no authority to act on
behalf of any of these companies.
Suspension or Termination of Services by Company
Without incurring any liability whatsoever, Company 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 honoured by your bank; ii) fail to
meet Company's credit requirements, or you become bankrupt or otherwise insolvent;
iii) violate any provision of these General Terms of Service; iv) use or permit
others to use the Services so as to prevent fair and proportionate use by others;
v) 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;
vi) charge or allow others to charge any other person for the use of the Services
without Company's prior written agreement; vii) harass, threaten or otherwise act
unreasonably towards Company, its employees or agents, or in relation to the Services,
including without limitation, by making numerous unwarranted requests for credits;
viii) alter or otherwise interfere with Company’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 Company’s equipment, facilities or network;
or viiii) fail to provide payment for other accounts with Company.
Company Initiated Changes in Telephone Numbers
Company reserves the right to change the access telephone number assigned to you.
Company will provide notice of such change to you indicating the date of such change.
Your Right to Cancel
Company permits you to cancel your Services at any time by contacting Company’s
Customer Service. 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.
Changes, Modifications or Termination of Plans or Plan Features
Without incurring liability, Company 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.
Customer Confidentiality
Unless you consent in writing, or disclosure is pursuant to a legal power, all information
kept by Company about you, other than your name, address and telephone number, is
confidential and may not be disclosed by Company to anyone other than: i) to you;
ii) a person who, in the reasonable judgment of Company, 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) disclosure pursuant to a requirement or request of a government
agency, subpoena or other legal proceeding, or disclosure required bylaw.
Privacy
Company’s privacy policy affirms its customer commitment to maintain confidentiality,
security, accuracy and privacy of customer personal information that Company collects
and uses to provide telecommunications services. Disclosure of customer information
may be disclosed only pursuant to these General Terms of Service.
Customer Service
You may contact our Customer Service for information, inquiries or concerns regarding
the Services, or other Company services or products, your account or any other matter
relating to Company, seven days a week, at support@comfytel.com.
General Terms of Service
These General Terms of Service are binding upon you and on Company 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 Company’s prior written consent. These
General Terms of Service shall be governed by the laws of the province of Ontario.
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