TERMS AND CONDITIONS

There are important 911 terms related to VOIP phone service 911 calling. Please review the entire Agreement. By activating this service, you acknowledge that you have read, understood and agree to these terms and conditions.

  1. GENERAL

1.1 In this Agreement:

(i) “Service” or “Services” means any, some or all of:

(A) home phone services;
(B) business phone services;
(C) long distance services;
(D) internet services;
(E) any additional telecommunication, internet or information services and bundle thereof
(F) Pre-authorized agreements (PAD)

(ii) “You” and “Your” includes an applicant, customer, individual, corporation or other type of legal entity, which has subscribed for services. This also includes every person you authorize to act as your agent with regards to a service or to use the service through one or more accounts that Smart Telecom has designated and provided to you (all such accounts hereinafter collectively called “Account” or “Accounts”).

(iii) “Smart Telecom” means Smart Telecom . or any of its subsidiaries.

1.2 Services offered by Smart Telecom are subject to the terms and conditions contained herein and additional terms and conditions related to a particular service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular service constitutes the entire Agreement between you and Smart Telecom and does not include any other written or oral representations or agreements.

1.3 This Agreement may be changed and updated from time to time at the discretion of Smart Telecom and Smart Telecom will post an updated version on its website available at https://www.smarttelecom.ca/terms-conditions and may additionally give you notice of any changes by mail, e-mail or messaging on your monthly bill. Please refer to the Smart Telecom website for the latest Terms and Conditions agreement. In the event of any such change, you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification, and by your continued subscription to the services you will be deemed to have accepted the change. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate the services. You cannot change this Agreement.

1.4 You agree to read and adhere to Smart Telecom’s Terms and Conditions available at https://www.smarttelecom.ca/terms-conditions/ and Smart Telecom’s Privacy Policy available at https://www.smarttelecom.ca/privacy-policy and agree to hold Smart Telecom harmless from all liabilities and expenses related to any violation by you of the Terms of Use and/or Privacy Policy, which shall be incorporated by reference into the Agreement.

1.5 By entering into the Agreement, you authorize Smart Telecom to obtain information about your credit history and agree that Smart Telecom may share such information to others for the purpose of its business activities aligned to our credit experience with you.

1.6 Language. You confirm that you accept this Agreement, as well as all other related documents, including invoices and notices, in English only.

  1. USE OF SERVICES

2.1 You may use the services subscribed provided and that you do so in compliance with this Agreement, including the Terms and Conditions and Privacy Policy, and all applicable laws and regulation.

2.2 In order to obtain a subscription to a service, you must also be the age of majority according to laws of the province or territory of Canada applicable to the Agreement. By agreeing to the terms of the Agreement, you represent that you are of the age of majority according to such applicable laws.

2.3 You acknowledge that you are authorized to subscribe for the services and agree that you will not resell or transfer the services to any other person for any purpose or make any charge for the use of the service.

2.4 The services and any equipment furnished to you by Smart Telecom are for your conventional personal or business use only and may not be used in any other way or for any other purpose unless otherwise expressly in writing. You agree that your use of the services for commercial or any other non-residential purposes will obligate you to pay higher rates offered for such uses. Smart Telecom reserves the right to immediately suspend, terminate or modify the service if Smart Telecom determines in its sole discretion that your service is being misused, including without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use without expressly written agreement for that purpose.

2.5 No sales representative, dealer, agent, officer or employee of Smart Telecom has the authority to change or modify these Terms of Service, except pursuant to an official revised version of these Terms of Service, and you may not rely on any such change or modification.

  1. RESPONSIBILITY FOR CHARGES

3.1 You are solely responsible for all access to, use of and charges for the services subscribed by you, including setup fees, monthly service charges, any restoral fees, long distance fees and any other charges incurred in using your Services, regardless of who used the services.

  1. TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES

4.1 Ownership: Telephone numbers and numbers or addresses for other services (e.g. VOIP, Internet, Static IP addresses, etc.) are limited public resource. You do not own the number(s) assigned to YOU and Smart Telecom reserves the right to change the number(s) assigned to you. Smart Telecom may revoke and/or re-assign a number(s) in order to resolve any technical error and/or human error and/or any compliance purpose. Smart Telecom will take all reasonable measures to prevent such an occurrence.

4.2 Number Portability – You may be able transfer an existing telephone or wireless number to be your telephone number for your Smart Telecom Service(s) or transfer your Smart Telecom telephone to another service provider.

(i) Transfer From Smart Telecom – You may not transfer Your Smart Telecom telephone number if Your Smart Telecom account is not in good standing. You will remain responsible for all fees and charges for your service up until the date the transfer is fully complete.

(ii) Transfer to Smart Telecom – Smart Telecom will not be responsible for any termination fees imposed by any other service provider as a result of you transferring your number to Smart Telecom. Smart Telecom cannot guarantee or warrant the date on which you will be able to switch your number, nor can it guarantee or warrant that you will be able to transfer your number. Please see the section of these Terms and Conditions entitled “Warranty Disclaimer and Limitation of Liability,” below. In some cases Smart Telecom may offer you a temporary number until such time you are able to transfer your number to Smart Telecom.

  1. ADDITIONAL TERMS AND CONDITIONS RELATED TO SPECIFIC SERVICES

5.1 Long Distance

(i) “Unlimited” type rate plans are based on your conventional personal and business, use only and do not apply to any other type of use.

(ii) You agree that Smart Telecom may monitor your account for misuse and if Smart Telecom determines, in its sole discretion that your use is not for conventional residential or business purposes, Smart Telecom may terminate your use of the plan or switch you automatically to another plan.

5.2 Digital Subscriber Line (DSL) Service and Service Availability

(i) You may only subscribe to DSL service if available in your geographical area. Smart Telecom reserves the right to deem DSL service unavailable to you at any time. If such an event occurs, Smart Telecom will not charge you applicable fees, provided, however, that you must return all DSL Service Equipment provided to you by Smart Telecom in its original good and proper, physical and functional condition and within the specified time in this Agreement.

5.3 VOIP Service

(i) Service Limitations: You acknowledge and understand that the service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the service offering provided Smart Telecom as set out in these Terms and Conditions.

(ii) 9-1-1 LIMITATIONS: 9-1-1 service associated with VOIP Service HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW:

The type of 9-1-1 services available to you depends on where and how you use your phone. There are two types of 9-1-1- service:

A. E9-1-1 Service – You will have E9-1-1 service if your VOIP Service telephone number corresponds to your address and municipality where you permanently use your VOIP Service and E9-1-1 is available in your serving area. If you dial 9-1-1, your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to your address and the emergency operator will have your telephone and address information. You may be required to verify your name, telephone number and address with the emergency operator.

B. Basic 9-1-1 Service – Basic 9-1-1 service is provided in the following two situations. You will have Basic 9-1-1 Service if your VOIP Service telephone number does not correspond to your address and municipality where you permanently use your VOIP Service or if you live in a serving area in which E9-1-1 from Smart Telecom is not available. If you dial 9-1-1, you will be automatically routed to a specialized call center that handles emergency calls. The call center is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide your name, telephone number, and address to the call center operator.

OR

You will have Basic 9-1-1 service if you intend on using Your VOIP service from multiple locations. You have access to 9-1-1 service, but because you may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever you dial 9-1-1, you will be automatically routed to a specialized call center that handles emergency calls. The call center is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide your name, telephone number, and address to the call center operator.

(iii) SERVICE OUTAGES – YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR VOIP SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, VOIP SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE VOIP SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RESTART, RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE VOIP SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT VOIP SERVICE, INCLUDING 9-1-1 SERVICE.

(iv) YOU AGREE TO IMMEDIATELY ADVISE Smart Telecom, if you intend on changing the address from which you use your VoIP Service TO ENSURE YOU MAINTAIN 9-1-1 SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND SHOULD YOU FAIL TO DO SO, your 9-1-1 service will not work properly and this will adversely affect your ability to access 9-1-1 service.

(v) YOU ACKNOWLEDGE AND AGREE THAT Smart Telecom ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Smart Telecom (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.

(vi) Operator Services Currently Not Available Smart Telecom does not offer Operator Service.

  1. Smart Telecom EQUIPMENT AND FACILITIES

6.1 Smart Telecom Equipment – Where required, Smart Telecom will provide and may install equipment that is required to provide you with Services, including cables and products. Such Equipment may require a Refundable Security Deposit at prevailing rates.

6.2 Ownership and Interest – You agree that the Equipment, including dial numbers and/or IP addresses assigned to you by Smart Telecom, shall at all times remain the property of Smart Telecom, and that you have no right, title or interest therein and agree to keep the equipment free and clear of any levies, liens and encumbrances.

6.3 Non-Smart Telecom Equipment – If you may choose to use equipment not provided Smart Telecom, you accept that Smart Telecom will not provide support for such equipment and does not guarantee performance of equipment and service.

6.4 Receiving Equipment – Equipment shall be deemed to have been delivered in good working condition unless you give notice to Smart Telecom to the contrary within 5 days of receiving the equipment.

6.5 Prohibited Changes – You agree that you will not re-arrange, disconnect, remove, reconfigure or repair any equipment, including passwords, and in the case of VoIP Equipment, to not change electronic serial number or equipment identifier of the equipment, or to perform a reset of the equipment, except by prior written agreement with Smart Telecom. Terminal equipment provided by you may be connected with Smart Telecom’s facilities only by prior special written agreement with Smart Telecom. If you tamper with the equipment, Smart Telecom reserves the right to terminate your Service, in which case you will be responsible for all charges for your service(s) and equipment.

6.6 Fees for Prohibited Changes – You agree that if you make unauthorized changes to any equipment provided to you by Smart Telecom, which results in service problems or downtime, Smart Telecom may charge you and you agree to pay Smart Telecom cost for any effort involved in the restoration or repair of service to You.

6.7 Equipment Malfunction – If the equipment malfunctions during its intended use, Smart Telecom, at its sole discretion, will maintain and replace the equipment if necessary. In such an event, you agree that Smart Telecom’s liability and your sole remedy is limited to a refund of charges or replacement by Smart Telecom of such equipment, provided that you notify Smart Telecom immediately upon equipment malfunction. If it is determined that repair was not required or was required due to damage caused by you, you agree to pay Smart Telecom cost for such repair.

6.8 Safekeeping of Equipment – You agree that you are responsible for the safekeeping of equipment from the moment you receive the equipment until the equipment is returned to Smart Telecom in good physical and functional condition.

6.9 Damaged Equipment – If, while in your care, the equipment is damaged, lost, stolen, or if, in Smart Telecom’s sole discretion, the equipment is returned in an unusable condition, you agree to pay the replacement value of the equipment. If, in Smart Telecom’s sole discretion, such the Equipment is not damaged beyond repair, you agree to immediately place such equipment in good repair, at your sole cost, at locations specified by Smart Telecom.

6.10 Return of Equipment – Upon cancellation or termination of services, you agree to return, at your own expense (alternatively a shipping & handling Fee will be billed to you by Smart Telecom), the equipment Smart Telecom in good working condition within thirty (30) days of cancellation/termination or within a time specified by Smart Telecom. Also 25% restocking fees will be applicable to the equipments returned after 30 days of cancellation/termination of service. You are responsible for continuing charges for the equipment until its return. If you fail to return the Equipment within the required time, Smart Telecom may repossess the Equipment at Your expense, and/or may charge you for the replacement cost such equipment.

6.11 Security Deposit – In the event of processing your service(s), you agree that Smart Telecom will request you to make a security deposit for your equipment and it will be refunded at the time of your cancellation of service. You agree that Smart Telecom is not responsible for any internal or external damages of the equipment and that the refund will ONLY take place if the equipment is returned in good working condition without any physical damage.

6.12 Under the cancellation and termination clause described below, SMART TELECOM will refund prepaid Service fees based on the number of days left in the last monthly billing cycle after the cancellation date.

  • Smart Telecom’S RIGHT TO ENTER PREMISES
  • Smart Telecom’s agents and employees may, at reasonable hours and with your permission (or the permission of another responsible person), enter premises on which service is or is to be provided, to install, inspect, repair and remove its provided facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities. Permission is not required in cases of emergency or where entry is pursuant to a court order or other legal requirement.

    1. SERVICE INTERRUPTION

    Smart Telecom may interrupt your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the equipment or facilities or for any required technical reasons.

    1. CHANGES OR TERMINATION OF RATES AND PLANS

    Smart Telecom may at any time and without notifying you, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by your continued subscription to the services, you will be deemed to have accepted the change and you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate the services.

    1. SERVICE FEES; ACCOUNT AND PAYMENT INFORMATION

    10.1 Charges will commence as at the date of activation or delivery of services. services deemed to be started on the date of activation and charges will commence automatically from the activation date unless otherwise Smart Telecom is notified to the contrary.

    10.2 Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.

    10.3 You agree to pay the total charges by the required payment date using any of the following methods: cash only accepted in-person at our office; cheque payments accepted by mail or in-person; credit card payments are accepted in-person at our office, by phone or online through your account portal; online/telephone banking; Interac e-mail money transfer to billing@Smart Telecom.ca; or through pre-authorized credit card. DO NOT SEND CASH IN THE MAIL.

    10.4 If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 2% per month, calculated and compounded monthly on the delinquent amount (26.82% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. Non-payment of the bill amount for more than two late payment applied may lead to temporary suspension of the line. Re-Activation charges are applicable for re-activation of the line. You agree that we may charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.

    10.5 Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following: collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments; returned or rejected payments; change of any identifier (e.g. phone number); and the suspension and/or restoral of service.

    10.6 In exceptional circumstances, for example, where you present an abnormal risk of loss to Smart Telecom, prior to the normal billing date Smart Telecom may require payment from you on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after Smart Telecom demands payment, whichever occurs later.

    10.7 Smart Telecom may request immediate payment in extreme situations, provided Smart Telecom has notified you and the abnormal risk of loss has substantially increased since that notice was given or Smart Telecom, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud Smart Telecom.

    10.8 You must bring invoice inquiries or disputes to Smart Telecom’s attention within ninety (90) days of the date of the invoice, or you will be deemed to have accepted the invoice.

    1. CREDIT CHECK AND SECURITY DEPOSITS

    11.1 Smart Telecom and those acting on its behalf reserve the right to conduct a credit check from time to time on you and to require a deposit or other security, including a credit card payment, before it provides or continues to provide any service to you, and you consent to the credit check and the provision of your personal information to credit bureaus, credit grantors and suppliers of services, in accordance with Smart Telecom’ Privacy Policy. You further agree to provide any appropriate authorizations and financial information as Smart Telecom may reasonably request for this purpose.

    11.2 Smart Telecom will require security deposits from you at any time where, at the sole discretion of Smart Telecom, You have no credit history with Smart Telecom and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. Smart Telecom will release such security deposit at its’ discretion and upon satisfactory payment history. Further security may be required if you subscribe to further services and/or service usage increases.

    1. TERMINATION OF SERVICES

    12.1 Cancellation by You – If you subscribe to services on a monthly basis, you may cancel your service schedule(s) at the end of any given billing period provided you give Smart Telecom thirty (30) days prior written the notice. Upon cancellation of your Service(s), you will remain responsible and agree to pay for all charges which you owe Smart Telecom until the effective date of your cancellation and you have paid your account in full to the satisfaction of Smart Telecom. IF YOU SUBSCRIBE FOR SERVICES FOR ONE YEAR TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE Smart Telecom THIRTY (30) DAYS PRIOR WRITTEN NOTICE. AN EARLY CANCELLATION FEE MAY APPLY. In the event you do not give Smart Telecom thirty (30) days prior written notice before the end of the billing period for service cancellation, you will be billed for the next billing period appearing on your invoice. Upon cancellation of your Service, you will remain responsible and agree to pay for all charges, which you owe Smart Telecom until you have paid your account in full to the satisfaction of Smart Telecom.

    12.2 Cancellation, Suspension or Termination by Smart Telecom – In addition to all other rights as set out in this Agreement, Smart Telecom may cancel, suspend or terminate this Agreement and your Services and may charge a suspension fee if you:

    (i) Fail to pay outstanding past due amounts for your Services or your payment is returned N.S.F. In such cases, Smart Telecom may not resume your Services until full payment is made sufficient to cover the amounts outstanding;

    (ii) Fail to pay outstanding past due amounts for any other services provided by Smart Telecom to You;

    (iii) Fail to provide interim payment when requested by Smart Telecom;

    (iv) Become bankrupt or insolvent;

    (v) Fail to meet Smart Telecom’ credit requirements;

    (vi) Present an abnormal risk of loss (including, in current a significant amount of billable charges) as determined in Smart Telecom’ sole discretion;

    (vii) Violate any term in this Agreement;

    (viii) Use the service(s) in a manner which is contrary to this Agreement and/or law, including CRTC rulings, decisions or orders, and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;

    (ix) Subscribe to Internet Services, which do not include the use of Static IP Addresses (DSL Internet Access with a modem), and use automated operations and/or server applications requiring connectivity

    (x) Are threatening, harassing, abusive or unreasonable to Smart Telecom, its employees, and agents; or

    (xi) Alter or interfere with Smart Telecom Equipment.

    IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.

    12.3 Your Responsibility Upon Termination – You remain responsible for paying all charges for your Services up to the date of suspension, cancellation or termination by Smart Telecom. Smart Telecom reserves the right to charge you a reactivation fee if your Service is reactivated after suspension.

    12.4 In the event Smart Telecom did not receive your payment after suspension/termination of services, Smart Telecom may proceed with further collection action. Smart Telecom reserves the right to further charge any administrative cost and/or cost of collection to your account and you remain responsible for all such charges.

    1. Smart Telecom RIGHT TO REFUSE TO PROVIDE SERVICES

    Smart Telecom may, in its sole discretion, refuse to provide services to you where

    (a) You owe past due amounts to Smart Telecom or have had a history of past due amounts owed to Smart Telecom;

    (b) You do not provide a security deposit or other requirements requested by Smart Telecom;

    (c) You pose a credit risk or an abnormal risk of loss;

    (d) Smart Telecom will incur unusual costs or expenses, which you will not pay; or

    (e) Smart Telecom does not provide the requested Service(s) in your area.

    1. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.

    1. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY.

    15.1 Smart Telecom does not guarantee uninterrupted services operation. Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers, provide the services “as is” and make no express or implied warranties of any kind regarding the services, facilities, network, equipment or products in any way. To the extent applicable by law, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers make no warranty of merchantability or fitness for a particular purpose or use.

    15.2 In particular and without limitation, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:

    (i) Disruption or interruption in service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;

    (ii) Any event beyond Smart Telecom’ control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision

    (iii) Damage to the equipment or your premises, which is not wholly caused by Smart Telecom’s gross negligence or willful misconduct.

    15.3 Notwithstanding the foregoing, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers or affiliates, shall in no event be liable to you or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract, tort or other causes of action, arising out of the provision of services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event a court of competent jurisdiction finds Smart Telecom liable, liability will not exceed an amount equal to the price of services purchased by you during the month preceding the event in question.

    15.4 Any action or proceeding against Smart Telecom by you must be commenced no later than 1 year after the event giving rise to the action or proceeding.

    1. PERSONAL INFORMATION

    16.1 Privacy – Unless you consent in writing or disclosure is pursuant to a legal power, your information kept by Smart Telecom, other than your name, address and listed telephone number and credit history, is confidential and will not be disclosed by Smart Telecom to anyone other than you or an agent retained by Smart Telecom in the collection of your account, provided the information is required for and is to be used only for that purpose. Smart Telecom’s Privacy Policy is available at http://www. Smart Telecom.ca/company/privacy-policy or through a Smart Telecom service representative.

    16.2 Disclosure – Your account information may, from time to time, be disclosed to other members of the Smart Telecom organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the Smart Telecom organization that may interest you. If you do not wish to receive offers or information from related Smart Telecom entities, please contact Smart Telecom at the address set out below.

    16.2 Personal Information Updates – You confirm that the information you have provided to us is up-to-date and accurate and agree to notify us of any change in your information within 15 days of any changes to your billing information, including but not limited to your new address and contact information.

    1. Smart Telecom INTELLECTUAL PROPERTY

    Smart Telecom is the exclusive owner of all names, trade names, service marks and any copyright material relating to the services and you cannot use these marks or copyrighted materials or any licenses.

    1. MISCELLANEOUS

    18.1 Notices and Communications – Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to Smart Telecom or You as applicable, at the address or facsimile number provided by You. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.

    18.2 Assignment – You may not assign, or transfer this Agreement or service(s) to a third party without the prior written consent of Smart Telecom. This Agreement will ensure to the benefit of, and be binding upon, the parties and your respective heirs, executors, administrators, successors and permitted assignees.
    18.4 No Waiver – The terms and provisions of this Agreement may only be waived in writing signed by Smart Telecom. No failure by Smart Telecom to insist upon your performance of any obligation under this Agreement will constitute a waiver of the obligation.

    18.5 Severability – If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.

    18.6 Jurisdiction – This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.

    18.7 Arbitration To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy concerning the service, the equipment or arising out of the terms of service will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the Province in which you reside, on a simplified and expedited basis by one arbitrator.

    18.8 Smart Telecom Contact Information:

    (F) SMART TELECOM PRE-AUTHORIZED AGREEMENTS (PAD) – INFO

    Are you planning to Sign up to pay by PAD

    Thank you for your consideration to pay your monthly bill using Pre-Authorized Payment plan through your Financial Institution.

    To get started, please review the agreement below in electronic format. When you consent to the PAD and agree and submit we will email you a copy of your agreement as a reference. We kindly request you keep this agreement for your reference as a printed copy or electronically. As per the date provided by you as part of the PAD agreement, we will withdraw payments as agreed as part of the service plan agreement you have with Smart Telecom Communications Inc.

    As part of the agreement, you will be providing your banking information via a VOID cheque. We request for you to write “VOID” in ink across the cheque and DO NOT SIGN the VOID cheque. We also request you will provide this VOID cheque electronically to SMART TELECOM via billing@Smart Telecom.ca. When we send you the electronic PAD agreement we will attach the VOID cheque to this document for your reference as ONE document.

    Keep a copy of the agreement or confirmation for your reference.

    We request for you to periodically check your bank account to make sure our withdrawals match what you approved in the agreement. This is request is for your peace of mind and to make sure if there is an error in billing that has taken place we are able to correct such error for the benefit of you.

    We are expected to include the following mandatory elements in each pre-authorized debit agreement.

    They are:

    1. The date of the agreement and your signature
    2. Your authorization
    3. The amount
    4. The frequency of the withdrawals
    5. Instructions on how to cancel the agreement
    6. SMART TELECOM’s contact information
    7. Information on your recourse rights as legislated by law

    What if something goes wrong
    You have 90 days from the date of the withdrawal to report an incorrect or unauthorized pre-authorized debit to your financial institution.

    If you don’t have enough funds in your account to cover a withdrawal, SMART TELECOM can try the same debit one more time. SMART TELECOM will do this within 30 days from the date of the withdrawal and it will be for the exact same amount.

    How to cancel a pre-authorized debit agreement
    Within the PAD agreement, we will specify instructions for cancellation.

    SMART TELECOM has the right to cancel the agreement within 30 days of the notice. Once canceled, check your account to confirm that the withdrawals have stopped. If there were to be any continuous billing, please contact us or failure to receive any response you may contact your financial institution for reimbursement within 90 days.

    Cancelling your pre-authorized debit agreement doesn’t cancel your contract for goods or services with the SMART TELECOM or any amount owed. The cancellation applies to the payment method only.You’ll need to make arrangements with the biller to pay any amounts owing.

    Telephone +1 416-509-5050
    Fax 416-206-2020
    E-mail info@smarttelecom.ca
    Mail 3250 LAWRENCE AVE EAST, TORONTO, ON M1H 1A4, Canada.


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