TERMS & CONDITIONS OF SERVICE
THANK YOU for choosing CALL SELECT. In this Agreement
("Agreement"), "you" and "your" mean the customer
of CALL SELECT defined below, and "CALL SELECT," "we,"
"our," and "us" mean CALL SELECT.
This Agreement governs
the terms and conditions associated with your subscription and use of Call
Select’s Direct Dial and Dial Up services (the “Services”, each individually, a
“Service”). This Agreement applies to subscribers of the Services for calls
within Canada,
United States
and international long-distance calls.
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU
AGREE TO THE PRICES BASED ON YOUR CALLING PLAN
WHICH YOU HAVE AGREED UPON, CHARGES, TERMS AND
CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES,
TERMS AND CONDITIONS, DO NOT USE
THE SERVICES, AND CANCEL THE
SERVICES IMMEDIATELY BY CALLING CALL SELECT AT 416-663-9600 FOR FURTHER
DIRECTIONS.
THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES,
CHARGES, TERMS AND CONDITIONS
INCLUDED IN THIS DOCUMENT.
1. CHARGES
AND
PAYMENTS
a.
General. You agree to pay us for the
Services at the listed prices. The prices and charges for any particular
Package may depend on a number of Services requested. Charges may include fixed charges based on
the calling plan subscribed.
b.
Charges.
Charges will commence on the date of
the initial activation of the Services or the Equipment, whichever is earlier.
Unless otherwise agreed to by you
and us, we will bill you monthly. However, we may bill you for a past charge up
to six months from the date the charge was incurred.
Changes to your account (e.g., price
plan, features or identifiers) will not take effect immediately from the time
customer contacts Call Select customer service. All calls are billed in 1 minute
increment.
The Customer is liable for all
charges to its account. It shall pay the charges in full for use of Services
billed to the Customer's account, regardless of who used the Services, the
location of the person whose use of the Services resulted in such charges, or
the method used to access the Services, and for all goods and services, sales
and other taxes applicable to the use of the Services.
All charges relating to the Services
are due and payable on the due date stated on the Customer's bill. If payment
of an amount due on the account is not received by us by the required payment
date specified on the billing statement, the Customer shall pay late payment
charges on overdue charges at a monthly rate of 1.5%, calculated and compounded
monthly on the delinquent amount from the date of the first invoice on which
the delinquent amount appears until the date we receive such amount in full.
You agree that we can charge any unpaid and outstanding amount, including any
late payment charges on your account to your chosen method of payment
c.
Price Changes.
In the event of a price increase, customers will be provided 14 day notice which will be posted on Call Select’s website at www.callselect.ca. You will have the option of accepting the new terms of the Agreement, or terminating your subscription with Call Select. If you do not accept a change to this Agreement, your sole remedy is to terminate this Agreement. If we do not hear from you, we will assume you have accepted the charges and terms of the Agreement.
d.
Payments.
Payment is due upon receipt of your bill. To avoid a late
payment charge, please pay by the Payment Due Date printed on your bill. A Late
Payment Charge of 1.5% will be applied to the total unpaid balance which
remains after the Payment Due Date. Call Select reserves the right to charge a $50 administration fee for all accounts remitted to collection. Once the account is placed with a collection agency a 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared.
e.
If Call Select is you Primary Interexchange Carrier “PIC” (your long distance provider on your phone line) and you switch local phone companies, your PIC long distance services with Call Select will cease automatically and you will be billed by your local phone company for all long distance calls. If you have not called Call Select to cancel long distance service, Call Select will make reasonable efforts to restore your long distance service back to Call Select when possible. Notwithstanding, under no circumstances will Call Select be held liable for long distance charges from any other phone companies due to error or omissions by Call Select. Outside of the United States all long distance charges on your bill will already include an additional currency exchange rate to the US dollar which is subject to change based on market conditions. The current exchange rate is
Payments can be made by the following:
1.
MAIL
Make cheque payable to Call
Select, P.O. Box #555,
RPO Steeles Avenue West , Toronto, O.N. Canada. M3J 0J6. Do not mail
cash.
2.
BANK
Most major financial
institutions and bank machines accept payments of Call Select invoices. Royal Bank, CIBC, Bank of Montreal, TD Bank,
Scotiabank, Canada Trust, HSBC, Laurentian Bank, and National Bank. For savings
and credit unions, contact your local branch to confirm if they will accept
payment of your bill.
3.
TELEPHONE
& INTERNET BANKING
Telephone or Internet
banking payments can be made at most financial institutions. Call or log on to
your bank’s bill payment service department to register.
4.
PRE-AUTHORIZED PAYMENT
Payments can be
automatically made every month using credit card or chequing account. Monthly outstanding balances are debited on
the invoice due date.
Customer after receiving the
Welcome Package from Call Select, can complete the
Pre-Authorized Payment form included in the package. All forms must be complete with your
signature.
5.
CUSTOMER
SERVICE PAYMENT
Customers may also call
customer service to pay their outstanding bill using their credit card account.
6.
ONLINE
Customers can pay online at www.callselect.ca by logging in using a personal login ID and
password. Customers will be directed to
a payment page where they can click onto their financial institution and make a
payment from your bank account or pay by credit card through MONERIS®
RETURN CHEQUES. A service charge of $15.00 will be applied
to any returned cheques.
e.
Taxes and Other Charges.
You must pay all taxes, fees, surcharges and other charges
that we bill you for the Services, unless you can show documentation
satisfactory to us that you are exempt. Taxes and surcharges will be in the
amounts that the provincial government requires us to bill you. We will not
provide advance notice of changes to taxes and surcharges, except as required
by applicable law.
f.
Credit Limits.
Each new customer has a monthly limit
usage. All new Dial Up accounts that are set up by calls into customer service department will be open with $25 credit
limit (for Manitoba’s customer $10). All other new accounts will have a $150
credit limit.
If a new customer reaches
his monthly credit limit, the system will not allow the call to connect. For security reason the system will not
recharge the account with more credit unless the customer makes a payment in
advance for how much more credit needs. Once the 1st payment is
received it will be posted in the account as credit. To increase the credit
limit, customers must call customer service and make a payment to the account.
Credit limits have been
applied to customers in order to protect Call Select from fraudulent use of
their account.If customers wish to
increase their credit limit, you must contact customer service.
2. SUSPENDING
AND
CANCELLING YOUR SERVICE
a.
Your
Cancellation of the Services. Customers can cancel their long distance service
at anytime. If you use more than one Service, you may change or cancel
individual Services by calling the CALL SELECT customer service number on your
CALL SELECT bill, subject to the applicable terms and conditions on the CALL
SELECT website. This Agreement remains in effect for any Services that you
continue to be enrolled in, use, or pay for. If you want to cancel all of the
Services, discontinue your use of all the Services, please contact customer
service at 416-663-9600 for further instructions.
b.
Fraudulent Use. You will not use the Services for any unlawful, abusive,
or fraudulent purpose, including, for example, using the Services in a way that
(1) interferes with our ability to provide Services to you or other customers;
or (2) avoids your obligation to pay for the Services. If CALL SELECT has
reason to believe that you or someone else is abusing the Services or using
them fraudulently or unlawfully, we can immediately suspend, restrict, or
cancel the Services without advance notice.
c.
Failure
to Pay.We may suspend, restrict, or cancel the Services and this Agreement, if you do not
make payments for current or prior bills by the required due date, including
payments for late fees (1.5%) or any other required additional charges.
d.
Other.
CALL SELECT may from time to time discontinue certain Services, subject to
applicable law and regulation.
e.
Outstanding Charges. If Services are suspended, restricted, or
cancelled, any charges will accrue through the date that CALL SELECT fully
processes the suspension, restriction or cancellation. You must pay all
outstanding charges for these Services, including payment of any bills that
remain due after the date of cancellation. You must reimburse us for any
reasonable costs we incur, including attorneys' fees, to collect charges owed
to us.
3. BLOCKING
CUSTOMERS ACCOUNTS.
Customer accounts
will be “blocked” or restricted to make any long distance calls for the
following reasons:
a.
Unbilled customers that have not been billed yet but
have abnormally high usage.
The Collections Department
will contact customers with “poor” or “no payment” history whose unbilled usage
is over $100.00 and have one invoice past due. Precautionary measures will be
taken for *new customers with a high unbilled usage after a couple of days of
being activated for long distance. These types of accounts are blocked with the
remarks “the customer reached the daily credit limit, a payment in advance is
required.” The customer is informed about the block.
b.
After 15 days overdue from the due date
Account becomes a
“delinquent” account. *New customers
with no payment history are warned for block.
c.
After 31 days overdue from the due date
All customers in bad or with
no payment history are warned that their account will be blocked in 48 hours.
Customers with a below satisfactory payment history are warned that their
accounts will be blocked in 5 days.
d.
After 91 days overdue from the due date
All the “delinquent”
accounts will be blocked.
*new customers are customers that have signed up for Call
Select long distance within 3 months.
4. INDEMINIFICATIONS
YOU AGREE
THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT
ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND
EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES,
UNLESS SUCH CLAIMS ARE BASED ON
OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO
APPLY AFTER THE AGREEMENT ENDS.
5. LIMITATIONS
AND
LIABILITY
CALL SELECT, 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 CALL SELECT, 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 CALL SELECT LIABLE, YOUR EXCLUSIVE
REMEDY AND CALL SELECT'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 CALL SELECT 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.
6. WARRANTIES
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO
EXPRESS WARRANTY REGARDING THE SERVICES AND
DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY FOR
A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE. WE DO
NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, CALL SELECT EMPLOYEES,
AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
7. DISPUTES
AND
REFUNDS
The subscriber is responsible for reviewing
all charges set out in their monthly statement. Any charge inquiries, errors or
disputes should be reported to Call Select Customer Service within 45 days of
the statement date. At the expiration of 45 days, the statement will be
considered settled and will have been deemed to be accepted by the subscriber.
Any refunds or credits owing to the
subscriber by Call Select will be credited against their Call Select account.
8. ELECTRONIC BILLING
a.
Customers
will have the option of choosing Electronic Billing rather than a mailed paper
invoice. Subscribers must have Internet Service and the necessary
hardware / software to select this option.
Customers can sign up with E-Billing by contacting customer service or
by logging on to www.callselect.ca
b.
It
is the responsibility of the subscriber to provide Call Select with the correct
information in order to receive this Electronic Billing service. If there is a
change in email addresses, it is the sole responsibility of the subscriber to
notify CALL SELECT Customer Service immediately of such change. Charges
will continue to be applied directly against the subscriber’s credit card
account regardless of whether there were difficulties in accessing the
Electronic Billing Service or receiving the email notification.
c.
If
the Electronic Billing registration email is returned to Call Select as
undeliverable, the subscriber’s billing method will revert back to the
traditional paper option, and the subscriber will receive their statement as a
monthly paper mailing.
d.
A
subscriber may cancel their Electronic Billing option at any point.
Subsequent statements will be sent by regular mail.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION
CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT
BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN
RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
9. NO THIRD PARTY RIGHTS
This
Agreement does not provide any third party with a remedy, claim, or right of
reimbursement.
10. ACTS BEYOND
OUR CONTROL
Neither you nor we will be responsible to the other for any delay,
failure in performance, loss or damage due to fire, explosion, power blackout,
earthquake, volcanic action, flood, the weather elements, strike, embargo,
labor disputes, civil or military authority, war, acts of God, acts or
omissions of carriers or suppliers, acts of regulatory or governmental
agencies, or other causes beyond our reasonable control, except that you must
pay for any Services used.
11. ASSIGNMENT
We can assign all or part of our rights or duties under this
Agreement without notifying you. If we do that, we have no further obligations
to you. You may not assign this Agreement or the Services without our prior
written consent.
12. PERSONNEL INFORMATION
Unless
you consent in writing or disclosure is pursuant to a legal power, Your
information kept by CALL SELECT, other than your name, address or listed
telephone number, held by CALL SELECT is confidential and will not be disclosed
by CALL SELECT to anyone other than you or an Agent retained by CALL SELECT in
the collection of Your account, provided the information is required for and is
to be used only for that purpose. CALL SELECT’s Privacy Policy is available
online for your review at www.callselect.ca
You agree that you will give CALL SELECT 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.
13. SEPARABILTY
If any part of this Agreement is found invalid, the rest of the Agreement will
remain valid and enforceable.
14. INTELLECTUAL PROPERTY
All trademarks, copyright, brand concepts,
names, logos and designs used by us are intellectual property assets,
registered or otherwise, of, or used under license by Call Select
or of one of its affiliates. All are recognized as valuable assets of their
respective owners, and may not be displayed or used by you in any manner for
commercial purposes or copied in any manner for any purpose without the express
prior written permission of the Call Select.
15. GOVERNING LAW
The Agreement is governed exclusively by the laws of the
province in which your billing address is located, but if your billing address
is outside of
Canada
,
the Agreement is governed exclusively by the laws of the
province of Ontario
and you submit to the jurisdiction of
the courts of
Ontario
.
Please note that your rights and remedies may vary by province.
|
