Residential Internet Services Agreement and Terms of Service

INTERNET terms of Service Ontario

1. Subscription Term
Internet Services are offered on a month-to-month subscription basis unless otherwise stated with a contract. The Service shall be deemed to begin on the date on which Talkit.ca activates your Service. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide Talkit.ca with 30 days notice as per the Right to Cancel section. A change of address is subject to a $49.95 re-activation fee. Extra installation charges may apply in unusual circumstances. These fees are in addition to the regular service fees.
1.1 In this Agreement, i) “Customer” shall mean the person named on the invoice, residing in the Province of Ontario, and responsible for paying the charges for the Services provided under this Agreement and entitled to receive any notice and information relating to this Agreement or the Services; and ii) “Agreement” or “Contract” shall mean the agreement in effect from time to time between Talkit.ca Inc and the Customer which is subject to amendment in accordance with these presents, including, but not limited to, the present Terms and Conditions, and any other document or form that may be designated by Talkit.ca Inc from time to time in accordance herewith as forming part of the Agreement.

2. Right to Cancel

2.1. The Customer may discontinue their Talkit.ca Internet Service at any time for any reason with proper notice as defined below unless in a contract agreement, in which case the customer must pay for internet service until the end date of their contract: (i) Cancellation requests must be via telephone or by email to the email address specified in the contract.(ii) In the case of a monthly subscription, the Customer should use their best efforts to notify Talkit.ca and provide a minimum of 10 business days notice before the end of the coming month (this is the end of our billing cycle) to Talkit.ca this applies to end of contracts. (iii) In the event the contract is coming to an end the customer must still follow the cancellation policy. Account cancellations will occur at the end of the current billing cycle, if in a contract the services must be paid in full for the full contract term. (iii) To terminate a contract the contract must be “bought out” meaning the full balance for the remaining contract term must be paid in full. (iiii) Cancellations receive no refunds where service has been delivered. (iiiii) Outstanding balances must be paid in full before a cancellation request can be made for the services.

2.2. Customer agrees that services will be disconnected at any time on the disconnection date, not necessarily at the end of the day. If the requested date for cancellation falls on a weekend or Holiday, the earliest business day prior will be the date of disconnection.

3. Fees – All Services

3.5. Charges for the Services are non-refundable. If Customer pays on a monthly basis or on an annual basis, and terminates the Service prior to the completion of the month or the year, as the case may be, there will be no refunds of amounts already paid.

3.7. In the event that Talkit.ca is unable to collect payment for any reason, Talkit.ca will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended. Suspended accounts are subject to a re-activation fee of $49.95

3.8. Talkit.ca reserves the right to terminate your access to Services if your balance is outstanding for over 10 days, and you have not demonstrated any effort or intentions of resolving your balance (determined at Talkit.ca’s discretion). Talkit.ca will use its best efforts to provide at least three (3) business days notice of its intent to disconnect access to the Services.

3.9. Any under billed or unbilled Charge shall be payable by Customer when correctly billed. Talkit.ca may bill for Charges up to one (1) year from the date the Charge was incurred.

3.10. Fees – Credit Card Payments

3.10.1. If your credit card expires, you’re billing address changes, or the card is cancelled and replaced as a result of loss or theft, you must advise Talkit.ca Inc. at once. It is the customers responsibility to ensure payments are made on time

3.10.4. In the event that a credit card payment fails, an administrative charge of $6.99 will apply.

3.10.5. In the event that a chargeback is initiated, Talkit.ca reserves the right to charge a $40.00 fee to cover the administrative and processing costs of the chargeback. If the chargeback is deemed invalid, Talkit.ca reverses the right to dispute and reverse the chargeback.

3.10.6. In the event that your account is suspended or deactivated due to non-payment, Talkit.ca reserves the right to charge the credit card account number on file for the balance owing, including applicable taxes.

4. Shipping and Handling
Unless otherwise specifically stated, the cost of shipping is not included with any orders or returns. The Customer agrees to pay for all shipping and handling of equipment in addition to any fee or charge for the Service. Unless otherwise stated, shipping is $15.00 plus tax.

5. Miscellaneous

5.1. Customer agrees to notify Talkit.ca, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to Talkit.ca.

5.2. Internet Service Accounts are created upon receipt of payment. Billing period starts upon service installation date. Services require payment via credit card only. The Customer is responsible for updating any information on his/her Talkit.ca account

6.1 Internet Installation

6.1.1 Talkit.ca shall use reasonable efforts to deliver and install the High Speed Internet Service by the estimated activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of third party suppliers or providers. Talkit.ca does not guarantee that Services shall be delivered and installed by a specific activation date.

6.1.2. The Customer demarcation point for the High Speed Services shall be a standard location where all external wiring feeds terminate and connect with inside wiring owned by the Customer. High Speed Internet Services shall be installed up to the Customer demarcation point.

6.1.3. Talkit.ca shall not be responsible for any equipment or wiring beyond the demarcation point, save and except for Talkit.ca customer premise equipment, such as the Talkit.ca supplied modem.

6.1.4. Talkit.ca shall not be responsible for configuration of customer premise equipment (CPE) above and beyond the standard configuration, nor shall Talkit.ca be responsible for configuration of customer-owned devices (CPE, Laptops, PCs, etc.) as Talkit.ca does not

6.1.5. Any additional wiring or termination of circuits past the Customer demarcation point shall be the Customer’s sole responsibility. In the event the Customer requests wiring or other work to be performed by Talkit.ca, such work will be performed by a Talkit.ca authorized installer, and will be billed directly to the customer by the Talkit.ca authorized installer.

6.2. Internet Service Interruption Credits

6.2.1. If Services are interrupted for a period of at least 24 hours after notice by the Customer to Talkit.ca, an allowance equal to 1/30th of any fixed billing cycle charges for the affected Service shall apply to each full 24 hour period during which the interruption continues. Credit in any billing period shall not exceed the total average monthly charges for that period for the affected Service. No allowance shall apply to any non-recurring or usage charges. The Customer’s sole and exclusive remedy for Service interruption shall be the credit outlined above

6.2.2. The Customer must request credit within thirty (30) days of the validated interruption, failing which the Customer forever waives its right to any credit for such outage. Talkit.ca reserves the right to determine in its sole and absolute discretion if an interruption is considered a validated interruption.

6.2.3. At no time will multiple remedies be provided to the Customer for same, similar or related troubles on the same line. Customer payables must be current prior to the Customer receiving any credits

6.2.4. No credit shall be provided for interruptions due to the following:
• 6.2.3.1. the failure of any component, equipment, wiring, network or system provided by the Customer or a third party;
• 6.2.3.2. network maintenance by Talkit.ca;
• 6.2.3.3. Force Majeure events;
• 6.2.3.4. acts or omissions, negligent or otherwise, of the Customer or a third party, or any breach of any term or condition by the Customer of the Master Services Agreement or any schedules or addenda attached thereto.

7. Equipment/Hardware

7.1. For certain Services, the Customer may purchase or rent hardware or equipment from Talkit.ca (“Equipment”).

7.2. The Customer shall cause the Equipment to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws. The Customer will use the Equipment only in the manner for which it is designed and as a prudent and careful owner would.

7.3. In the case of rented equipment (rent-to-own), the Customer will not sell, lease or otherwise dispose of the Equipment (or any part thereof) and will keep the Equipment free of all encumbrances. This does not apply to purchased equipment, so long the Equipment has been paid in full.

7.4. The Customer will bear the risk of loss, destruction or confiscation to the Equipment from the time the Equipment is delivered to the Customer

7.5. The Customer shall not modify the Equipment’s hardware, software, firmware or any other portion of the Equipment, except for what is provided on Talkit.ca Support page. Any alterations beyond this can hinder functionality of the Equipment, and will not be supported by Talkit.ca. In the event that these alterations prevent/alter the functionality of the modem, the customer will be charged a repair fee to be determined by Talkit.ca. In the event that the modem cannot be repaired, the customer assumes responsibility and must pay the full purchase price of the modem.

7.6. In the event of a modem exchange, the Customer will be charged a modem exchange fee as well as any fees for shipping/delivery of new Equipment and/or return of previous Equipment.

7.7. Upon termination of this Agreement, or termination of a certain Service hereunder, all rented Equipment (rent-to-own) must be returned to Talkit.ca within ten (10) days from the date of termination, failing which, the Customer will be charged the full purchase price of the Equipment. Returned Equipment must include all original cables and power adapters, must not have any physical damage and must be in good working order.

7.8. Talkit.ca does not recommend, endorse or support the use of third party hardware not supplied by Talkit.ca.

7.9. Purchased hardware receives a one year manufacturer’s warranty. Defective hardware may be exchanged within that time period; however the Customer is responsible for any shipping charges

8. Internet Service Specifications

8.1. Talkit.ca Service speed is up to the advertised upload and download speeds listed on Talkit.ca’s website; for example, the speed ‘up to 10 Mbps’ means that the Customer can expect speeds up to 10Mbps or less.

8.2. Talkit.ca does not make any guarantees on the speed of the Customer’s connection due to the fact that speeds vary on many external factors outside of Talkit.ca’s control (including, but not limited to the distance between the Customer’s premise and E Talkit.ca’s Central Office or remote server).

8.3. Talkit.ca shall use reasonable efforts to deliver and install the Service by the activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of, third party suppliers or providers. Talkit.ca does not guarantee that Services will be delivered and installed by the activation date

9. Internet Service Installation and Technician Appointments

9.1. If a technician needs to be dispatched to the customer premise, the customer will be notified by Talkit.ca and will need to agree upon an appointment date and timeframe. It is then expected that someone will be home on that date during the agreed upon timeframe in order for the technician to access to the premise. In the event that no one is home and the technician has no access the household, the customer will be charged a fee of $25. This fee also applies if someone is home but refuses the technician access to the house/building. Please note: There is no guarantee that your service will be installed on the provided date, as external factors outside of our control can impede installation. In such case, a follow up installation date would need to be arranged.

9.2. Any additional wiring or termination of circuits past the Customer demarcation point is the Customer’s sole responsibility. In the event the Customer requires wiring to be performed by Talkit.ca, such wiring may be performed by Talkit.ca at a fee to be determined by Talkit.ca. Talkit.ca offers no warranties or otherwise guarantees on any inside wiring work, as maintenance is the responsibility of the Customer

10. Internet Minimum System Requirements
The Customer is responsible for ensuring that your computer meets the minimum system requirements. For Windows systems: Windows 95 (with original CD), Pentium 90 (Pentium 166 recommended), 32mb ram, 75 MB available on hard drive, free PCI slot for Ethernet card, CD-ROM drive. For Macintosh systems: Mac OS 7.6 with Open Transport 1.2 installed, PowerPC Processor 601, 32mb ram, 75 mb available on hard drive, CD-ROM drive, Ethernet support. If your computer does not meet these requirements Talkit.ca is not responsible for any connection difficulties you may have.
Additional Terms and Conditions for Internet High Speed Service
Resale of bandwidth or any other part of the High Speed service provided by Talkit.ca, for any purpose, is strictly prohibited

Please note - Moving the Service to a new address is the same cost as activation and the same cost applies as well as the same process and policies