Terms and Conditions
VANCOUVER TELEPHONE COMPANY LIMITED, D/B/A STARTEC
CUSTOMER SERVICE AGREEMENT
PLEASE REVIEW ENTIRE AGREEMENT. BY ACTIVATING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW.
Thank you for using services provided by Vancouver Telephone Company Limited (“VTCL”).
I. THE AGREEMENT
This Agreement governs the terms and conditions associated with your subscription and use of VTCL’s Direct Dial or CellConnect services (the “Services”, each individually, a “Service”). This Agreement applies to subscribers of the Services for calls within Canada and international long-distance calls.
As used in this agreement, the terms “we”, “us”, “our”, and “VTCL” refer to the Vancouver Telephone Company Limited. The terms “Customer”, “you” and “your” refer to any customer who has applied for a subscription to use the Services.
Your agreement with VTCL consists of (1) this Customer Service Agreement (the “CSA”), and (2) the applicable schedule associated with the calling plan to which you are subscribed ( “Calling Plan Schedule” ) (the components listed in (1) and (2) are, collectively, the “Agreement” ). You agree that all Schedules attached or linked to in this Agreement are incorporated into and form part of this Agreement.
By subscribing to, using, or paying for the Services, you:
If you do not agree to these terms and conditions, you are not permitted to use the Services and are asked to contact VTCL to cancel your subscription.
You confirm that You accept this Agreement, as well as all other related documents, including invoices and notices, in English only, unless You specifically request French correspondence. Ces Conditions Générales sont disponibles en français.
II. SERVICES
A) Acceptance
In its sole discretion, VTCL may accept or reject your order for Services for any lawful reason. Before activation of any Service, VTCL may check your credit, verify your identity, charge a deposit, prepayment or other fee to establish or maintain Services, or require that you execute any authorizations and verifications it deems necessary. For any number of reasons, the Services may not be activated immediately.
Even if VTCL accepts your subscription request, please note that there may be delays in the activation of the Services. By using the Services, you acknowledge that VTCL will not be responsible for any losses or damages resulting from any delay in the activation of the Services.
B) Notices of Amendment/Rate Changes
VTCL may change the per-minute rates, Surcharges (as defined in section III.A) and other terms and conditions of the Agreement from time to time. In the event of such a change, VTCL will provide you with at least 30 days’ prior written notice (a “Change Notice”), which will be sent to your address as reflected in VTCL’s records. VTCL will not provide advance notice of changes to taxes and other charges required by law. VTCL will also post an updated version of this Agreement on its website at: www.startec.com .
Upon receipt of such a Change Notice, you will have the option of accepting the new terms of the Agreement, or terminating your subscription with VTCL. If you fail to reply to the notice within the time described in the notice, but continue to use the Services, you will be deemed by VTCL to have accepted the Agreement as amended and VTCL will adjust your subscription accordingly. If you do not accept a change to this Agreement, your sole remedy is to terminate this Agreement pursuant to Section II.D. below within 30 days of your receipt of the Change Notice (unless we specify a different notice period in such Change Notice). You are not entitled to make any changes to this Agreement.
C) Credit Limits and Deposits
If VTCL determines that you may be a credit risk because of (1) fraudulent or abusive use of any of the Services; (2) late payments for current or prior bills; or (3) high volume usage of the Services combined with inadequate payment history, we may require a deposit or an advance payment, as permitted by law (the “Deposit”) to ensure payment for the Services. If you fail to pay for the Services when due, VTCL may use the Deposit to pay your balance without giving notice to you. Similarly, VTCL may set a credit limit on your account based on your payment history. If you exceed the limit, VTCL reserves the right to restrict your access to the Services, and VTCL will provide notice of such restriction as soon as reasonably practicable. If you fail to pay your invoices by the applicable due date, VTCL may, in its sole discretion, reduce the amount of time in which you are required to pay the charges invoiced to your account.
D) Cancellation of Service by Customer
If you want to cancel the Services that you subscribed for, you must (1) call VTCL at 1-800-827-3374 to notify it of your desire to terminate this Agreement, and (2) call your local telephone company and tell them that VTCL is your long distance provider and that you wish to cancel your VTCL Services. It may take a few days for the local exchange carrier to process your order, and you will continue to be responsible for all charges applied to your account until the local exchange carrier completes the cancellation.
E) Restrictions on Use of Service
The Service cannot be used in an unlawful, fraudulent or abusive manner.
F) Discontinuation of Services by VTCL
VTCL may immediately discontinue or otherwise limit your use of the Services without notice if (1) VTCL has reasonable grounds to believe that you have used the Service in an unlawful, fraudulent or abusive manner, (2) you fail to pay for the Services, (3) VTCL determines that you are a credit risk, (4) you refuse to pay a Deposit or adhere to a credit limit required by VTCL to reduce your credit risk, (5) you fail to provide information, or provide false information, that is essential for billing, (6) VTCL has received notice from your local telephone company that the local telephone company has canceled your local exchange service, (7) you have breached this Agreement, (8) you have acted in a manner that is threatening, obscene, harassing, or abusive to VTCL personnel or (9) your telephone equipment fails to pass back to VTCL the appropriate signal to start and stop billing for a call. The discontinuance of the Services by VTCL does not relieve you of any obligation to pay VTCL for charges due and owing for Services furnished up to the time of discontinuance.
G) Unauthorized Use
You are responsible for preventing the unauthorized use of the Services on your account, and you will be responsible for payment of any charges on your account related to such unauthorized use.
III. PAYMENT OBLIGATIONS
A) Calling Plan Rates and Charges
You agree to pay VTCL for all Services at the rates associated with the calling plan that you selected. Payments must be in Canadian currency. The per-minute rates associated with the calling plans currently marketed by VTCL are set forth in the appropriate Calling Plan Schedule. You also agree to pay applicable Surcharges that are not taxes or otherwise required by the government to be assessed on you ( “Surcharges” ). Surcharges associated with particular calling plans are similarly set forth in the appropriate Calling Plan Schedule. You agree to pay any taxes and fees that are required to be paid by the government ( “Government Mandated Charges” ). The Government Mandated Charges may vary by province and are not set forth on the Calling Plan Schedule or VTCL’s website.
B) Surcharges Generally
In addition to any applicable per-minute rates, VTCL may invoice you the following additional Surcharges that are not taxes or otherwise required by the government: (A) Carrier Cost Recovery Fee that is assessed on all of your long distance calls, (B) Minimum Usage Fee that is assessed if you do not have a minimum amount of charges on your bill; and (B) fixed monthly fee. To view the exact Surcharges that apply to your plan, please refer to the applicable Calling Plan Schedule.
C) Government Mandated Charges
In addition to any applicable per-minute rates and Surcharges, VTCL will invoice you for taxes, fees and other charges as may be required by any federal, provincial or local government. These are referred to in this Agreement as Government Mandated Charges. They are charges that VTCL is required to assess on its customers by law.
D) Payment of Invoices
Invoices must be paid within 22 days from the invoice date.
E) Late Payments
VTCL may charge you interest equal to the lesser of 2% per month or the maximum rate allowed by law, for all late payments. The interest will be applied to the entire unpaid balance. VTCL may charge you a fee equal to the lesser of $15 or the maximum rate allowed by law, if your check, bank draft or electronic funds transfer is returned for insufficient funds.
F) Collection Agency
If VTCL hires a collection agency to collect, or attempt to collect, any charges owed VTCL, you will be liable to VTCL for an additional payment equal to $25, where permitted by applicable law. If VTCL incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed VTCL other than hiring a collection agency; you will be liable to VTCL for the payment of all such fees and expenses reasonably incurred.
G) Disputes
Disputes concerning any charges must be raised within 30 days of the invoice date. Disputes may be raised by calling VTCL’s customer service at 1-800-827-3374. Any charges not disputed within 30 days of the invoice date will be considered accepted. If after an investigation VTCL determines that the disputed amounts are in fact due, VTCL will require payment and, if necessary, may refer the account to a collections agency for collection.
IV. LIABILITY
A) Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VTCL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS FROM ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THIS AGREEMENT AND ANY SCHEDULE(S) BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND OR SERVICE SCHEDULE.
B) Warranty Disclaimer and Limitation of Liability
VTCL, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS IS" AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
THE PARTIES AGREE THAT VTCL, AND ITS AFFILIATES, UNDERLYING CARRIERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT AND/OR SERVICE SCHEDULE WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL OR EQUITABLE THEORY. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION FINDS VTCL LIABLE, YOUR EXCLUSIVE REMEDY AND VTCL'S SOLE LIABILITY, FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES AND PRODUCTS PURCHASED BY YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST VTCL MAY BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND/OR SERVICE SCHEDULE. THIS SECTION IV.B CONTINUES TO APPLY AFTER THIS AGREEMENT ENDS.
V. PERSONAL INFORMATION
Unless you consent in writing or disclosure is pursuant to a legal power, Your information kept by VTCL, other than your name, address or listed telephone number, held by VTCL is confidential and will not be disclosed by VTCL to anyone other than you or an Agent retained by VTCL in the collection of Your account, provided the information is required for and is to be used only for that purpose. VTCL’s Privacy Policy is available online for your review at www.startec.com.
You agree that you will give VTCL at least 15 days prior written notice of any changes to your billing information, including but not limited to our new address and contact information.
VI. MISCELLANEOUS PROVISIONS
A) Entire Agreement
This Agreement and the terms of any calling plan, promotion, and/or authorized written communications you have received from VTCL constitute the entire Agreement between you and VTCL, and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will prevail.
B) No Obligation to Assist in Switching Carriers
If you voluntarily cancel your VTCL account or if VTCL cancels your service for any reason, VTCL will have no obligation to assist you, in any respect, with switching to another carrier.
C) Assignment
You may not modify or assign this Agreement. In its sole discretion, VTCL may assign this Agreement
D) No Waiver of Rights
No failure to enforce any right or remedy under this Agreement shall be considered a waiver of any other condition or provision or the same condition or provision at any other time.
E) Binding Effect
This Agreement is binding upon you and VTCL, their respective heirs, successors and permitted assigns.
F) Severability
If any provision of this Agreement is finally determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, then that part or provision will be ineffective only to the extent of such invalidity, illegality, or unenforceability, without affecting the enforceability of the remaining parts or provisions of this Agreement.
G) Jurisdiction
This Agreement and the rights and obligations of the parties in this Agreement will be governed in all respects by the laws of the Province of Ontario.
H) Survival
Any liability or obligation of either party to the other party under the Services section and the Payment Provisions section, will, in each case, survive cancellation or termination of this Agreement.
I) Force Majeure
VTCL shall not be responsible and shall incur no liability for any failure or delay in performing any obligations under this Agreement resulting from events beyond its reasonable control, including, without limitation, labour disputes, fires or casualties, acts of God, legal constraints, war, terrorism, unavailability or interruption of transmission or communications facilities or utilities, equipment or other technological failure, emergency conditions, weather or natural disasters, damage to facilities, or the acts or omissions of third parties.
J) Headings of No Force or Effect
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.
K) Notices and Communications.
Any notice or other communication required by this Agreement will be in writing and will be provided by regular mail, by personal delivery, by facsimile or by e-mail to, as applicable, VTCL or you at the address or facsimile number provided by you. Notices sent by mail shall be deemed to have been given and made and to have been received on the fifth business day following the mailing thereof; provided however that no such communication shall be mailed during any actual or apprehended disruption of postal services. 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.
L) Contact VTCL.
Attn: Legal Department
Startec Canadian Operations
PO Box 48630
Stn Bentall Centre
Vancouver BC, V7X 1A3
Canada
Phone: 604.646.8199
FAX: 604.646.8100
Web Site: www.starteccanada.ca
Any written correspondence must include your account number. You must describe your dispute and provide VTCL with any supporting documentation. Likewise, if VTCL has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.
Service Agreement Schedules (Plan Information):
CellConnect Elite Online Plan
Elite Online Plan
CellConnect Premium Online Plan
CellConnect Prepaid Premium Online Plan
Premium Online Plan
Premium Gold Plan
Premium Plus Plan
Premium Plan
