Terms and Conditions for Service
REVISION EFFECTIVE as of 10 November 2017
RhiCom Networks Inc., a corporation duly incorporated under the laws of Canada having its head office at 156 Victoria Street, Kamloops, British Columbia, V2C 1Z7.
Service Subscriber, a person or business entity who has elected to purchase Services from “RhiCom” on a one time or recurring basis having
DESCRIPTIONS & TERMS
“Services” – any service offered by
“MRC” – Monthly Recurring Charges
“NRC” – Non-recurring Charge
“OTC” – One Time Charge
“Billing Cycle” – a period of billing dated for the first day of each month and ending on the last day of each respective month.
“Agreement” – short form for Terms & Conditions of Services.
“Service Agreement” – a specific termed agreement for a particular service ordered.
TERMS & CONDITIONS OF SERVICES
Communication & Contact Records – Subscriber agrees to accept invoices and payment receipts by e-mail and agrees to ensure that the e-mail address on file and other contact information is kept current. Subscriber should expect an invoice by email within the first week of every month for Monthly Recurring Charges. For a nominal fee, Subscriber may choose to have an invoice posted to a physical or box address.
Subscriber agrees that Services and billing related e-mail communication sent by
Rates, Charges & Payment – All monthly recurring charges will be billed in advance and
RhiCom reserves the right to charge interest on any outstanding amount at the lesser of: (i) 26.82% annually or 2% per month, subject to change, or (ii) the maximum rate permitted by applicable law.
If the Subscriber’s bill is lost or the Subscriber does not receive the bill, the Subscriber is still responsible for making the required monthly recurring charge payment to
RhiCom reserves the right to increase International long distance rates without notice, all other rate increases shall be upon thirty (30) days written
Disputes – Subscriber must bring invoice enquiries and disputes to RhiCom’s attention in writing within thirty (30) days of the Invoice Date. After that time, Subscriber will be deemed to have agreed to the contents of the invoice and will have no right to challenge any element of the invoice.
RhiCom will investigate all disputes. If
The Subscriber must pay all the undisputed charges by the due date.
Credits & Deposits – RhiCom may require a deposit from the Subscriber for the purpose of establishing an acceptable level of credit prior to implementation of Service or at any time during the terms of the Service Agreement in the following circumstances:
- if the Subscriber has no credit history with
RhiComand is unable to provide proof of creditworthiness;
- if the Subscriber has an unsatisfactory credit history with
RhiCom, based on previous payment practices, and is unable to provide satisfactory current creditworthiness; or
- if the Subscriber presents a clear abnormal risk of loss.
RhiCom may request a deposit from the Subscriber, but may also accept an alternative arrangement such as:
guaranteedform of cheque;
- a written guarantee from another person whose credit has been established and is to RhiCom’s satisfaction; or
- a bank letter of credit.
RhiCom will review the need and the amount of the deposit or
If Services are cancelled, RhiCom may apply any portion of the deposit to the amount outstanding and return the unused balance to the Subscriber upon the Subscriber’s request and where the value is greater than $5. Where a written guarantee was provided RhiCom may use the guarantee to arrange for payment outstanding and upon receipt of payment will return any written guarantee to the Subscriber.
RhiTel Use of Service
The RhiTel Services may be used only in accordance with RhiCom’s Terms and Conditions and the Internet Services Acceptable Use Policy, available at www.rhicom.ca.
Subscriber understands that the RhiTel Services do not function in the event of a power failure (regardless of where the power failure arises) or during a broadband (Internet) outage. Emergency
911 calling is unavailable during a power or broadband outage and it is the Subscriber’s responsibility to have an alternate method of contacting emergency services.
RhiCom provides a 911 calling feature with the RhiTel Services; however, this 911 calling feature has important limitations and differences from the 911 or E911 service available with traditional, analogue phone service. These limitations and differences, as well as a summary of User Tips, are described in more detail at www.rhicom.ca on the 911 Notice of Limitations page.
RhiCom’s Obligations – RhiCom will make all reasonable efforts to maintain all RhiCom Services and ensure they are operational.
RhiCom does not warrant uninterrupted working of its Services, facilities, circuits, lines or equipment and is not liable for any damages arising from omissions, interruptions, delays, errors or defects in transmission, or failures or defects in RhiCom’s facilities or equipment, unless they are caused by RhiCom’s negligence. In the event the Subscriber has experienced a Services interruption, omission, delay, error or defect in transmission, RhiCom will, upon request from the Subscriber, refund that part of the Subscriber’s recurring monthly or usage charge for the Services. The refund will be proportionate to the length of time the problem existed.
Installation and wiring will be provided up to the building’s demarcation point, any inside wiring, or special construction is the responsibility of the Subscriber or the Subscriber’s interconnect
Specific regard to RhiCom RhiTel Telephone services:
RhiCom will provide and maintain the RhiCom RhiTel Services to Subscriber subject to availability of facilities on commercially reasonable terms.
- terminate the affected RhiCom Services or this Agreement as a whole;
- propose to Subscriber a revised pricing for the RhiCom RhiTel Services taking into consideration the increased price of such facilities and services to
If RhiCom elects to re-price the Services as set forth above, Subscriber must communicate Subscriber’s refusal to accept the changes within thirty (30) business days of receiving the revised pricing notice. If Subscriber does not accept the revised pricing, Subscriber will be able to terminate the Services without the requirement to pay termination liability charges.
Subscriber’s Obligations – Subscriber shall not use the Services or equipment in any manner not contemplated under this Agreement, including without limitation, resale of such Services or equipment, without express written permission from
Inside wiring from the demarcation point shall be arranged by the Subscriber prior to the date of installation. Any costs associated with inside wiring, or delays caused by, are the responsibility of the Subscriber.
The Subscriber shall allow RhiCom, its agents and employees access to enter the Subscriber’s premises, at reasonable hours, on which RhiCom Services are or are to be provided, installed, inspected, repaired, or removed (removal of its equipment). Except in the case where the Subscriber is in default of this Agreement, prior to entering the premises, RhiCom must obtain the Subscriber’s permission.
Subscribers subscribing to Internet Services understand and agree to the terms as set forth in the Acceptable Use Policy. RhiCom reserves the right to terminate this Agreement if the Subscriber breaches the Acceptable Use Policy located on the RhiCom web site: http://www.rhicom.ca/acceptable-use/.
If the Subscriber is moving – and wishes to transition Services with minimal interruption, Subscriber must advise RhiCom at least forty-five (45) calendar days prior to the date of the move. New installation or activation charges may apply.
If Subscriber moves to a location outside of the RhiCom service area, all RhiCom owned Equipment/Devices must be returned to
If Subscriber moves to another location within the RhiCom service area, Subscriber may only transfer the telephone number to a location within the same exchange area (there may be more than one exchange area in the RhiCom service area).
Illicit Use – Under no circumstances shall Subscriber use, nor permit the use of the RhiCom Services or Equipment fraudulently or otherwise illegally including, without limitation:
- falsely reducing or avoiding in whole or in part the regular charges for RhiCom Services and Equipment;
- obtaining, accessing, altering or destroying data files, programs, procedures or other information of
RhiComor RhiCom’s subscribers;
- interfering with RhiCom Services or Equipment or affecting RhiCom’s subscribers;
- to directly or indirectly violate any law, rule, code or regulation or aid any unlawful act or undertaking. RhiCom has the right, without notice to Subscriber, to take immediate action such as suspension of the RhiCom Services or any such other action that is deemed reasonably necessary to prevent or terminate such fraudulent use from taking place.
Early Termination and Termination of Services – The Subscriber understands that the provisioning of Services under a Service Agreement, where applicable, will be subject to early termination penalties if one or all of the Services are cancelled prior to the expiration of the initial term. If the Service Agreement or any of the Services are cancelled prior to the expiration of the initial term, the Subscriber will be liable to pay
The Subscriber agrees to provide a cancellation request to
The cancellation will become effective immediately and Services will remain available to Subscriber until the end of the current billing cycle. No refunds are issued for cancelled Services. Failure to properly notify
If requesting another service provider to cancel Services on Subscriber’s behalf, it is the Subscriber’s responsibility to ensure the request was processed prior to the next billing cycle.
If Subscriber cancels RhiCom Services where installation has been initiated, but not yet commenced, the Subscriber will be responsible for any charges associated with the process of provisioning the Services. The Subscriber will not be responsible for charges where an Installer determines an installation is not practical or service is not deliverable to the quality of service RhiCom deems acceptable.
Suspension and Termination – In the event that payment in full has not been made or any of the Terms and Conditions of Services have been breached,
The Subscriber must pay for any reconnection charges prior to the restoration of suspended Services, the price of which is determined by the scope of Services provided.
If payment is not forthcoming and the Subscriber has not been able to provide satisfactory proof of creditworthiness or provide a payment
If Services have been terminated, the Subscriber will have to reapply in order for Services to be re-established and RhiCom cannot guarantee that the Subscriber will be designated the same telephone numbers or Public Internet Protocol Addressing.
A temporary suspension will occur where a pre-paid payment or cheque deposit fails for reasons such as, but not limited to: insufficient funds, credit card cancellations, expiry date changes, or bank account changes.
Upon payment received, Services will resume.
In the event of an Insufficient Funds (NSF) response from a bank for payments made by cheque or bank
Regular billing will continue during a period of temporary suspension and will not be refundable.
Liability – RhiCom will not be liable for damages for any delay or failure to perform due to governmental orders, labour disputes or shortages, acts of God, cable cuts, or other causes beyond the reasonable control of
The total liability of
Subscriber shall indemnify, defend and hold
Any litigation arising hereunder may be brought in the courts of the Province of British Columbia. By obtaining Services hereunder, Subscriber is deemed to have submitted to such jurisdiction, thereby will be liable to
Equipment – RhiCom retains ownership of all demarcating equipment such
RhiCom may also provide equipment for telephone and other Services and the general principles for all RhiCom owned equipment is the same.
Subscriber shall not sell, lease, transfer or assign the equipment provided by
Upon termination of Services, Subscriber agrees to deliver, courier, or post the device and its associated accessories. Equipment must be returned in whole and in the last known working condition (excepting of reasonable wear and tear) to RhiCom offices within thirty (30) days of the end of a subscription. Failure to return equipment on time will result in a non-refundable fee of up to $200, charged at the discretion of
911 – Subscribers of voice Services agree to read and understand RhiCom’s 911 document found at http://www.rhicom.ca/911-limitations/. This document must be reviewed annually by all voice subscribers as per regulatory requirements held by the Canadian Radio and Telecommunications Commission.
Acceptance – In lieu of a signature, Subscriber is deemed to have accepted the Terms & Conditions for Services and all others referenced by it when measurable usage exceeds 150 MB of data transfer or 15 minutes of telephone use. Prior to either measurement conditions having been reached, the Agreement, Service Agreement and Services may be cancelled; however, any installation and/or labour charges will be the responsibility of Subscriber.
Agreement Updated – 10 November 2017; to reflect a change in cancellation policy, acceptance of Agreement terms, grammar corrections, added descriptions, and general clarifications. The general spirit of the Agreement has remained unchanged from December 2012.