Terms of Service
These Terms of Service constitute the agreement between you (“you” or “Customer”) and MONOPHONE INC. Communications Corporation (“us” or “MONOPHONE INC. ”) that sets out the terms and conditions that apply to your use of all or any of the services (collectively, the “Services”), including high-speed Internet access (“High Speed Services”), Voice over Internet Protocol services (“VoIP Services”) and related software, equipment and components provided by MONOPHONE INC. to you (collectively, the Equipment”).
By activating or using any Service, Equipment or user account with MONOPHONE INC. with respect to the Services (your “Account”), you agree to be legally bound by and abide by the terms of this Agreement. If you do not wish to be bound by this Agreement or any modifications which may be made by MONOPHONE INC. from time to time (as described in Section 1), you may not activate or use any Service or Equipment and you must immediately contact MONOPHONE INC. immediately to terminate your Account, if you have one, and this Agreement (see Section 37).
Amendments to this Agreement
MONOPHONE INC. reserves the right to amend this Agreement at any time. MONOPHONE INC. will use reasonable efforts to publish each amendment before such amendment becomes effective, but at all times ensure that the latest, fully amended version of this Agreement is published, on its website at http://www.monophone.wisdek.com, or such address as may be updated from time to time (the “MONOPHONE INC. Web Site”). MONOPHONE INC. may, but is not required to, advise you of such amendments by (a) sending you an electronic mail at the electronic mail address registered on your Account, or (b) or mailing notification by Canada Post to the address shown on your Account. You are responsible for regularly reviewing the MONOPHONE INC. Web Site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your Account and this Agreement pursuant to Section 37. If you do not terminate this Agreement before the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.
You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the jurisdiction in which you reside and that you possess the legal right, capacity and ability to enter into this Agreement and use the Services in accordance with this Agreement.
The details of the various Services, including other products and services offered by MONOPHONE INC. , can be found on the MONOPHONE INC. Web Site. MONOPHONE INC. may, from time to time at its sole discretion and without notice or liability, create, amend, change, or delete any Service, including changing pricing for any Services, introducing new Services, substituting old Services for new Services, changing any Service features and deleting any Services. If you do not agree with such changes, you may (as your sole remedy) terminate your Account pursuant to Section 37. The various Services offered by MONOPHONE INC. include a variety of access speeds and features, such as varying tiers of Dial-Up Services, VoIP Services and High Speed Services.
Service is offered and paid for, and the term of this Agreement shall be, on a prescribed recurring basis (usually monthly, though certain Services are offered on different recurring periods) for a term that begins on the date that your Account is activated (your “Billing Date”) and ends on the day before the same date in the following period (the “Recurring Period”). The Services, and this Agreement, will automatically renew for the same Recurring Period, at MONOPHONE INC. ’s then-current rates and terms, without further action by either party unless this Agreement and the Account is terminated pursuant to Sections 37 through 41, inclusive. You acknowledge and agree that the Service is provide for the full Recurring Period, meaning that if you attempt to cancel the Services or terminate this Agreement prior to the end of the applicable Recurring Period, you will be responsible for all charges relating to the then-current Recurring Period, including unbilled charges, plus a disconnection fee (if applicable), an early cancellation fee for term-based Service contracts (if applicable), and a fee for any unreturned Equipment that is the property of MONOPHONE INC. (if applicable), all of which will become immediately due and payable.
You acknowledge that the Services provide access to content, information and materials that are uncensored. MONOPHONE INC. makes no representation, express or implied, about such content, information or material. You acknowledge that some of the content, information and material that is available through the Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. You further acknowledge and agree that you and all those who use your Account or the Services are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent using the Services. Without limiting the foregoing, MONOPHONE INC. recommends the following for parents or guardians of minors who may be using the Services: (a) advise each minor to never divulge personal information such as his or her name, phone number or address over the Internet or the Services, and to never organize meetings with other users of the Internet or the Services without your strict supervision; and (b) supervise the use of the Services by minors and require that they inform you as to the materials and information that they access.
The use of any Service requires a valid Account. Regardless of whether you are the Account-holder, your use of any Service shall at all times be governed by this Agreement; however, if you are not the Account-holder, you are only permitted to use the Services with the permission of the Account-holder.
7. If you are the Account-holder, you are responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account. You are solely responsible and liable for any and all activities that occur under your Account, including all activities of any sub-Account holders and persons who gain access to your Account, whether with or without your permission. You agree to immediately notify MONOPHONE INC. of (a) any unauthorized use of your Account, any Service provided through your Account or any password related to your Account, or (b) any other breach of security with respect to your Account or any Service provided through it, and you further agree to provide assistance to MONOPHONE INC. , as requested, to stop or remedy any breach of security related to your Account.
You acknowledge that you have read the MONOPHONE INC. Privacy Commitment at http://monophone.wisdek.com/about-us/7 as it may be updated from time to time (the “MONOPHONE INC. Privacy Commitment”), and hereby consent to the collection, use and disclosure by MONOPHONE INC. and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the MONOPHONE INC. Privacy Commitment. You also consent to MONOPHONE INC. ’s use of such personal information in accordance with applicable terms and conditions contained in this Agreement.
9. You agree to provide true, current, accurate and complete customer information as prompted by MONOPHONE INC. `s registration or Account-creation process or as otherwise requested by MONOPHONE INC. or its agents from time to time and you agree to promptly notify MONOPHONE INC. of any changes to this information as required to keep such information held by MONOPHONE INC. current, complete and accurate. For greater continuity of Service, you must update your Account information at least 7 days prior to any change (see Section 18(b)(iii) for how this affects emergency calls for VoIP Services).
It is the responsibility of the customer to read and understand the following billing policies (the “Billing Policies”). MONOPHONE INC. reserves the right to change the Billing Policies at our discretion and without notice in accordance with Section 1. The Billing Policies are set out in this Section 10:
1. Fees. As an Account-holder, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of any Service in arrears upon demand by MONOPHONE INC. , all of which shall be charged to you in accordance with the rates and conditions established by MONOPHONE INC. for the Service and as such rates and conditions may be amended by MONOPHONE INC. from time to time in accordance with this Agreement. Such rates and fees will be posted on the MONOPHONE INC. Web Site or otherwise made available to you by MONOPHONE INC. . Typically, an account will incur two types of fees:
i. Service-Based Fees—recurring, periodic Service fees based on the Services you have selected (please refer to your invoices, Control Panel, and the MONOPHONE INC. Web Site for specific characteristics of your Services); and
ii. Usage-Based Fees and other Fees—depending on the Services to which you subscribe, fees based on usage (such as the number of hours or minutes used, the amount of data sent or received, or the destination or location of data transmitted and received) or other fees described in this Agreement (such as late fees or suspension fees on delinquent accounts).
You remain responsible for all unauthorized use of your Account until you notify MONOPHONE INC. in accordance with this Agreement.
2. Billing and Invoices. Accounts are invoiced on your Billing Date, and invoices are generated and sent electronically via e-mail or on paper to the address registered with your Account via postage mail depending on your indicated preference . Your Service fees will be invoiced and billed in advance and must be paid in advance of each Recurring Period. Your usage-based fees (see Section 10(m) below) for previous Recurring Period’s Services will appear on your invoice separately and are invoiced and payable separately in arrears. For greater clarity, this means that you shall pay a periodic Service fee in advance at the beginning of each Recurring Period, together with any usage charges or other fees from previous Recurring Periods. Any failure of MONOPHONE INC. to provide you with a bill or invoice pursuant to this Agreement does not affect your responsibility to pay any incurred charges.
3. Payments and Payment Methods. All amounts invoiced are due and payable upon receipt of said invoice. The following pre-authorized or automatic payment options are available to you:
i. Pre-Authorized Payment. To sign up for Pre-Authorized Payment, and you must either complete the “Direct Funds Transfer” form with full signature by the Account holder (contact MONOPHONE INC. customer support to obtain a copy) or complete the Pre-Authorized Payment process available online through the Control Panel if your Account has already been activated. Please also provide to us either a “VOID” cheque or a teller slip from the bank (with the bank, transit and bank account numbers written on the slip). It is your responsibility to notify MONOPHONE INC. promptly of any changes to your bank payment information. Accounts will not be backdated nor will payments or fees be refunded or reversed for non-usage or to avoid additional usage-based fees or Service fees. Automatic payments are processed on the Billing Date. Account adjustments must be made a minimum of 5 days prior to the assigned auto-debit processing date.
ii. Credit Card. Automatic monthly payments may be made using major credit cards: Visa, MasterCard or American Express. It is your responsibility to notify MONOPHONE INC. promptly of any changes to your credit card payment information prior to your next Billing Date. To sign up for automatic monthly credit card payments, you may complete the Credit Card payment process available online through the Control Panel if your Account has already been activated.
iii. Bank. You may make your payment at a bank service counter or bank machine. Your printed invoices will contain a stub that can be separated from the rest of the invoice; the bank will require this stub in order to process the payment. Accounts will not be backdated nor will payments or fees be refunded or reversed for non-usage or to avoid additional usage-based fees or Service fees. Bank payments are processed on the Billing Date. Account adjustments must be made a minimum of 5 days prior to the assigned processing date.
iv. By Cheque. You may mail a cheque payable to MONOPHONE INC. COMMUNICATIONS CORPORATION along with your invoice stub, to MONOPHONE INC. COMMUNICATIONS CORPORATION, PO Box 48268, Stn. Bentall Centre, Vancouver, BC V7X 1A1
Contact our billing department for more information or to sign up for or withdraw from any particular method of payment. Available billing and payment options may vary depending on your location, the Services you receive or your plan, and MONOPHONE INC. reserves the right to modify the types of payment it will accept, at any time, in its sole discretion.
4. New Accounts. All Account invoices are payable upon receipt, whether received via e-mail or postage mail. If you are set up for credit or Pre-Authorized Payments, these amounts will be automatically taken care of by your credit card company or banking institution. If these payments are declined, you will be notified by our collections department. Your Service may be suspended at MONOPHONE INC. ’s sole discretion until such time as MONOPHONE INC. receives full payment.
5. Prepayment Discounts and Promotional Rates. If you elect for your Accounts to be invoiced for 3-, 6-, 12- or 24-month durations (each such duration being your Recurring Period), you may be given a pre-payment discount. If the Account is not paid in advance by the next Billing Date, your pre-payment discount will be removed. MONOPHONE INC. does not combine pre-payment discounts with any other specials or discounts being offered. We allow one discount or special only per Account at any given time. MONOPHONE INC. reserves the right to discontinue prepaid specials and other promotional specials following any Billing Date. If you choose to cancel your Account or Services to which a pre-payment discount or other promotional rate applies, you will be given a credit in accordance with Section 10(j).
6. Late, Rejected and Unpaid Amounts.
i. Rejected Payments. If any payment you make is rejected or returned for any reason, MONOPHONE INC. will charge a $20 ($10 for pre-authorized payment) processing fee to your Account, and your Account may be subject to suspension at MONOPHONE INC. ’s sole discretion (A) for cheque payment methods, if not fully paid within 2 weeks of MONOPHONE INC. ’s notice to you of such a rejection, and (B) for pre-authorized debit, within 1 week of MONOPHONE INC. ’s notice to you of such a rejection and, (C) for other payment methods, immediately.
ii. Unpaid Accounts, Late Fees, and Delinquency Fee. Any outstanding balance on your Account (including accumulated late fees) unpaid for 30 days after the invoice date will accrue late fees (commencing on the invoice date) at a rate of 1.5% per month, (19.56% per annum compounded) on the total amount overdue. All Accounts deemed at MONOPHONE INC. ’s sole discretion to be “delinquent” for non-payment will also be subject to an additional $20 suspension fee.
iii. Suspension of Unpaid Accounts. If there is an unpaid balance on your Account over 28 days in arrears, MONOPHONE INC. reserves the right to suspend your Account or Services or your access thereto until you make such arrangements to pay the balance owing in full, without affecting your obligation to pay all amounts outstanding. To reactivate a suspended Account, a $20 suspension fee will be added to your outstanding amount and the full outstanding balance must be paid. Furthermore, MONOPHONE INC. may require a particular payment method be used for all future payments. Any Accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges.
iv. Collection. You agree to pay all costs incurred by MONOPHONE INC. in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers` fees. As outlined in the MONOPHONE INC. Privacy Commitment, MONOPHONE INC. may release customer information to a collection agency for collection purposes only, as MONOPHONE INC. does not sell personal information.
7. Service Plan or Payment Plan Changes. If you upgrade your Services, your Recurring Period will be pro-rated and the new Services will take effect immediately. If you downgrade your Services at least five days prior to your next Billing Date, such change will apply to the next Recurring Period and the downgraded Services will take effect on your next Billing Date. Account downgrades made during such five-day period before your next Billing Date will not be effective on the next Billing Date but will be effective the next Billing Date after that. Any adjustments made to your Account or the Services you receive can only be made by the authorized Account holder or other authorized person listed on your Account. At the time you sign up for a different method of payment, your Recurring Period will be pro-rated accordingly, meaning that changes in your method of payment will go into effect immediately.
8. Username Change/E-mail Address Change. Your Account will have one or more usernames or e-mail addresses associated with it (each a “Username”). A $10 fee will apply to all Username changes. You can change your Username at any time. A password must be provided with the new Username being activated. The user passwords associated with your Username may be changed at any time free of charge. You must back up any data associated with your Account, such as web-hosted materials, before changing any Username.
9. Cancellations. To cancel an Account or any Service, the authoritative Account holder must give notice of cancellation in accordance with Section 37 by e-mail, fax, letter, telephone call or online submission. All Accounts will have the cancellation made effective at the end of the Recurring Period in which the request is received in accordance with this Section 10(i) and Section 37. For greater clarity, Service fees will not be calculated on a prorated basis for any Recurring Period.
10. Refunds and Credits on an Account. All amounts paid or pre-paid to MONOPHONE INC. in respect of your Account are non-refundable. If you have any credit remaining on a prepaid quarterly, semi-annual, or Yearly Account after a cancellation, you may choose to have it: (i) held on Account for future use; (ii) transferred to another Account holder of your choice or a friend or family member; or (iii) used for the purpose of changing the Services to a mail forwarding or other Service of your choice. Credit left on an Account is non-refundable. Account credits are not calculated for any partially used Recurring Periods.
11. Services Used. You, the Account-holder, shall be responsible for all usage charges on your Account, whether incurred by you or other users. It is your, and not MONOPHONE INC. ’s, responsibility to track the use of your Account, including tracking any measurable units or charges that may be used in relation to your Account.
12. Limitation Period for Billing Disputes. Unless you notify MONOPHONE INC. of any errors, discrepancies or irregularities in any billing within 30 days after they first appear on your bill or invoice, such bill or invoice will be deemed accepted by you for all purposes and you agree to release MONOPHONE INC. from any and all liability and claims of loss resulting from such errors, discrepancies or irregularities.
11. Your right to use the Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, pre-authorized payment, bank account withdrawal, Bank Account Debit, or other payment method you expressly authorize MONOPHONE INC. or its agents to charge all fees and charges incurred by you under this Agreement to such payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement.
The following provisions apply with respect to all Services:
1. General Practices and Limits. You acknowledge that MONOPHONE INC. may establish general practices and limits concerning the use of the Services, including: the maximum size of any e-mail message or other data that may be sent from or received by an Account; the maximum disk space that will be allotted on MONOPHONE INC. `s servers on your behalf; the maximum amount of data, speed of data or type of data that may be sent from or received using the Services or Account; and the maximum number of days that e-mail messages, voice messages or other data will be stored on MONOPHONE INC. `s servers. Such general practices and limits shall be posted on the MONOPHONE INC. Web Site or otherwise made available to you, and you agree to comply with all such general practices and limits, regardless of when or how such limits are conveyed to you. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in MONOPHONE INC. `s sole discretion. MONOPHONE INC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your Account or the imposition of additional charges.
2. Availability. All Services are subject to the availability of suitable equipment, facilities and infrastructure and consequently all Services are not available at all locations.
3. Virus, Spam and Spyware Protection. For any Services for that any of virus protection, spam control, or spyware protection are offered, you acknowledge and agree that these features are network-level services that attempt to filter such content before reaching your equipment; however, such features will not protect your equipment from any malicious, surreptitious or disabling code, virus, Trojan horse, spyware or spam that are able to circumvent such filters.
4. Internet-based Services. The Services depend on the Internet, including networks, cabling, facilities and equipment that is not in the control of MONOPHONE INC. ; accordingly (i) any representation made by MONOPHONE INC. regarding access performance, speeds, reliability, availability, use or consistency of the Services are on a “commercial best efforts” basis, (ii) MONOPHONE INC. cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet (such as calls made using VoIP Services, or e-mail messages sent or received) may not be completely private, and your anonymity is not guaranteed.
5. Interoperability. MONOPHONE INC. does not guarantee or make any representation or warranty that any Service will operate with any particular equipment or software, including all Internet applications and appliances. It is your responsibility to ensure that your equipment and software meet the current minimum requirements specified from time to time by MONOPHONE INC. as being necessary for access to any Service (however, compliance with such minimum requirements does not imply compatibility with the Services). From time to time, the equipment or software required to access the Services may change. Accordingly, your equipment or software may cease to be adequate to access the Services. In such circumstances, you may choose to upgrade your equipment or software, the cost of which will be borne by you, or you may choose to terminate your Account in accordance with Section 37.
6. Compatibility. The Services or any Equipment used to access the Services may interrupt the functioning of some home or business security systems or other devices that use the same phone line(s), communications hardware or protocols. You agree that MONOPHONE INC. is not responsible for any such problems or interruptions. You are responsible for ensuring that your premises are appropriately wired to ensure proper functioning of any such security systems or other devices prior to installation of the Services.
Without limiting the generality of Section 12(a), High Speed Services have transfer rate limits as described in your Account plan. If your transfer rate exceeds these limits, extra fees may be charged per megabyte or MONOPHONE INC. may, at its sole discretion, terminate or suspend your Service or Account.
1. Description. VoIP Services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network (“VoIP Calls”). The nature of VoIP Calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and the VoIP Services, including the lack of traditional 911 services and privacy.
2. 911 Service. Because of the unique nature of VoIP Calls, emergency calls to 911 through the VoIP Service (each a “911 Call”) will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 Calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP Calls to 911 as described below:
i. Placing 911 Calls. When you make a 911 Call, the VoIP Service will attempt to automatically route your 911 Call through a third party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the address on record with your Account. However, due to the limitations of the VoIP System, your 911 Call may be routed to a different location than that which would be used for traditional 911 dialling. For example, your call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call, and you may be required to provide your name, address, and telephone number to the call centre.
ii. How Your Information is Provided. The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator (each a “Dispatcher”) with the name, address and telephone number associated with your Account. However, for technical reasons, the Dispatcher may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 Call, you must immediately inform the Dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the Dispatcher may not be able to locate you.
iii. Correctness of Information. As stated in Section 9, you are responsible for providing, maintaining and updating correct contact information (including name, residential address and telephone number) with your Account. If you do not correctly identify the actual location where your Service Access Device (defined in Section 22(a)) is located, or if your Account information has recently changed, 911 Calls may be misdirected to an incorrect Dispatcher.
iv. Disconnections. You must not disconnect the 911 Call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
v. Connection Time. For technical reasons, including network congestion, it is possible that a 911 Call will produce a busy signal or will take longer to connect when compared with traditional calls.
vi. 911 Calls May Not Function. For technical reasons, the functionality of 911 Calls may cease or be curtailed in various circumstances, including:
1. Failure of Service or Service Access Device—if your Service Access Device (defined in Section 22(a)) fails or is not configured correctly or if your VoIP Service is not functioning for any reason, including in the event of power outage, VoIP Service outage, suspension or disconnection of your Service due to billing issues, network or Internet congestion, or network or Internet outage, in the event of a power, network or Internet outage, you may need to reset or reconfigure the Service Access Device before being able to use the VoIP Service, including for 911 Calls;
2. Changing Location of Service Access Device—if you move your Service Access Device (defined in Section 22(a)) to a location other than that described in your Account information or otherwise on record with MONOPHONE INC. ; and
3. Use outside of Canada or the United States—if you move your System Access Device (defined in Section 22(a)) to a location other than the United States or Canada, excluding Alaska, Hawaii, the Northwest Territories, Yukon and Nunavut