The rendering of an invoice(s) by Acanac Inc. shall be construed as an offer to extend this agreement and the payment of such invoice(s) by customer shall be construed as an acceptance. If such invoice(s) are not paid within fifteen (15) days of presentment, in the legal money of Canada, Acanac Inc. may terminate this agreement and discontinue services.
EMERGENCY SERVICES 9-1-1 DIALING
The 911 service provided by Acanac Inc. differs in a number of important ways from traditional 911 or E911 dialling available with most traditional telephone services - and has specific limitations relative to Enhanced 911 (E911).
(a) E911 vs. Basic 911 Service
When placing a call to emergency services with E911 or Enhanced 911, the customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced.”
With Basic 911 (B911), the customer telephone number and location are not automatically transmitted to the operator trained to route the customer call to local emergency service (medical, fire, and law enforcement agencies). The attendant at the answering location verbally obtains the pertinent information that identifies the caller's need and physical location. The attendant then determines the appropriate agency and transfers the caller to that agency.
Acanac Inc. provides a basic 911 type service.
(b) Routing of 911 calls
When the customer dials 911, the customer call is routed from the Acanac Inc. network to our emergency services operator. The customer will need to confirm with the operator that they are still located at the address the customer has registered with Acanac Inc.. If the customer is at this address, our operator will transfer the customer call to the appropriate emergency agency. If the customer has moved their service equipment to another location and are calling from there, the customer will need to provide our operator with a current address / location. They will determine the appropriate emergency agency and transfer the customer call accordingly.
(c) Other users
The customer agrees to inform any household residents, guests and other third persons (all users and potential users of the service) who may be present at the physical location where the customer uses the service - of the nature and limitations of the provided 911 service.
(d) 911 dialling and Acanac Inc. service do not function during an electrical power or broadband provider outage
A power failure or disruption may require the customer to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet service provider) outages will also prevent dialling to emergency service numbers including 911. In the event of power failure or broadband outage, the customer will need to access a traditional phone or cellular phone to make an emergency call. The customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitation, improper modification or any tampering with their computer or related software or hardware, the Service will not function; the customer will continue to be billed for the Service until the customer or Acanac Inc. terminate the Service in accordance with this Agreement.
WARNING: Power disruptions or failures, Internet Service Provider (ISP) outages or unavailability and tampering with equipment might prevent dialling to emergency service numbers including 9-1-1
(e) Possibility of network congestion and/or reduced speed for routing
Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using Acanac Inc. equipment as compared to 911 dialling over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service providers than in the case of traditional 911 calls. The customer acknowledges and understands that Acanac Inc. cannot be held liable for service outages beyond its reasonable control.
Unlike traditional phone lines, this service is portable to any location with broadband Internet access, anywhere in the world. For example, the customer can have an Ottawa telephone number and receive calls when physically located in Toronto. When a customer travels and makes a 911 call, the service will automatically route their call to our emergency services operator who will verify the customers’ current location (Canada or U.S.) in order to forward their call to the appropriate emergency services provider. If the customer is located outside Canada and the U.S., the customer should find a traditional public telephone network connected phone and dial the local emergency services number, which may or may not be 911.
(g) Limitation of Liability and Indemnification
Neither Acanac Inc. nor its officers, directors or employees may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Acanac Inc.. Subject to the provisions of this agreement, Acanac Inc. does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The customer agrees to defend, indemnify, and hold harmless Acanac Inc., its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who offers services to the customer or Acanac Inc. in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the customer, any third party or user of the customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Acanac Inc. in connection therewith.
1.9 Confidentiality and information security policy.Online shopping with Acanac Inc is secure. Personal and credit card information entered on the site is transmitted electronically in a format that cannot be intercepted, altered or decoded by a third party as it is encrypted to ensure its confidentiality. Acanac Inc. complies with SSL encryption standards, under which transaction information will always be transmitted securely.
2.0 Shipping - Acanac only will only ship items within canada. Modems and ATA's are generally shipped within 2 - 3 business days unless otherwise advised by a customer service representative.
Any client that is on a term larger then 1 month and has outstanding invoices will be automatically downgraded to the month to month term. This means that if you normally pay annually and your credit card fails we will automatically start to bill you month to month on the monthly rate. If you wish to cancel please e-mail firstname.lastname@example.org and request cancelation.
INTERNET TRAFFIC MANAGEMENT POLICIES (ITMP) Acanac's traffic management policies come into effect only if downstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of down stream bandwidth available up-to half of your plans available speed between 7PM to 12AM. For the majority of customers the Internet experience is unaffected by our traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application. The ITMPs use IP addresses or PPPOE user names to make real-time traffic management decisions in relation to the network. Since IP addresses have the potential to be linked to an individual’s customer account, IP addresses could be considered personal information. The traffic management policies implemented by Acanac do not involve capturing, storing or archiving this information in any way.
The decisions made by the Canadian Radio and Television Commission (the “CRTC”) and other regulatory bodies with jurisdiction over Acanac and its services affect the contracts for services you have contracted for with us and ACANAC’s costs of providing them . Therefore all cited prices for all services Acanac offers to you either on an initial term or on a renewal of your contract will be increased immediately in the event that the CRTC or other regulatory bodies may issue orders that may apply to the services you contract for or the price for those services. The increases in costs to Acanac for providing those services will be passed on to you, the consumer. Acanac Inc. therefore reserves the right to increase the rates you pay and increase the amount on your bills to reflect these increased costs
Even if Acanac were to be found to be negligent or at fault, Acanac Inc. shall not be liable for more than a refund of the monies paid by Customer to Acanac. Acanac makes no representation as to the merchantability or fitness for any purpose of the Phone or DSl service and ancillary derive to be provided to customer.
Customer agrees to comply with all applicable governmental laws in their use of their service and ancillary services provided by Acanac Inc., and, in the event of any non-compliance, agrees to hold harmless Acanac and its personnel and contractors from the consequence of such non-compliance.
If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, legal costs, and expenses reasonably incurred. This is the entire agreement. It may not be changed orally.
Billing. All terms are due up front. If you sign up for the lowest rate then you are likely on the 1 year term. You will be billed the entire term up front and then billed on a yearly basis. All credit cards are billed automatically on their renewal dates. If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done by e-mail and sent to email@example.com or firstname.lastname@example.org. Please make sure you obtain the cancellation ID or ticket number for your request to confirm cancellation of service.
Payments Monthly payments can only be made through Visa, Mastercard, or American Express. Cash payments can only be made on 1 Year terms. Under no conditions do we allow cash payments on any monthly term unless approved by management on a case by case basis.
Early Cancelations. 3 month, 6 month, and 12 month terms contain added discounts due to prepayment. In the event of an early cancelation, the amount of unused funds shal be calculated without the full discount applied. For example. If a customer has applied for a 12 month term and decides to cancel service on month 10, we will calculate the first 6 months based on the 6 month discount rate, the next 3 month based on the 3 month discount rate, and a 1 month payment without discounts. This will all be calculated and a refund will be issued for the difference.
Promo Codes. Promo codes are only applicable for the first term. After the initial term is over the accounts will auto renew at the regular rate. If you wish to cancel please do so by contacting email@example.com. Please note that any customer that has already used the promo code once will not be able to sign up using the promo code again. Any client who attempts to cancel service and initiate again to obtain the promo price will be refused.
Furthermore, promo prices are only applicable once per household. Any attempt to place orders with a different name at an address previously supplied with service will also be denied. A valid credit card is also required in order to process all VOIP orders,including any free VOIP accounts that are provided. The credit card will be used for any long distance or other charges that may be incurred on the account. Pre-paid credit cards are not accepted.
Disclosure. We may disclose the personal information of the client such as the client's identity and the clients address and phone numbers and related information without the knowledge or consent of the client when
a) we are required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or
b) to comply with rules of court relating to the production of records; or c) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that
(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,
(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or
(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;
If you have a promotional offer on the VOIP service and are receiving it for free for a term, the service will be renewed automatically at the end
of the initial term. Should you not wish for your free VOIP service to renew, you must contact the Billing Department via email to
firstname.lastname@example.org to ensure your service is not renewed.
Local Number Portability
Acanac will allow you to keep your existing phone number. However, if you are moving from one geographic area to another you may not be able to take your number and have it ported to/from Acanac. Acanac cannot be held responsible if a port-in or port-out request is denied due to any of the following reasons: phone number has been terminated or suspended with the provider, past due balance due on account, address and account name do not match, etc.
Caller Identification Name must remain the same as the account holders information within our billing system unless otherwise authorized by the administration office on a case by case basis.
Acanac will not assume that any existing service needs to be canceled in the event that a second service is initiated by the client. For example, if you have a DSL internet account , and subsequently open a cable internet account, you will be billed for both services unless you cancel one service, by emailing email@example.com. In the event of service cancellation, you will be assessed at the regular monthly rate for the time used. Any remaining balance available can be transferred to another active account or refunded to you.
Although Acanac provides Unlimited calling to selected destinations, please note that areas that were once unlimited may be subject to charges should
downstream providers increase rates. Please visit our Long distance section to see rates for a particular calling areas before placing your call. Also, Unlimited US and Canada Calling is only to
selected areas. Some areas my have applicable charges. Please visit our Rates section for more details (http://acanac.com/Phone_rates.htm). There is also a limit of 5 long distance calls per day.
30 Day Money Back. If you are not satisfied with our service for any reason within the first 30 days, Acanac will provide a full refund less any usage incurred through long distance charges. After the initial 30 day period a customer must complete the remainder of the term. Customer(s) may choose to cancel the account prior to the end of term however, no refund will be issued for that period. Acanac Inc. understands that due to the nature of our technology and affiliations with other partners, issues can occur which are out of our control. In such cases Acanac Billing department may choose at our sole discretion to grant refunds on a case by case basis. Furthermore the 30 day unconditional money back guarentee does not apply for renewals. Customers must terminate the agreement before or on the renewal date. Should a client forget to terminate before the renewal date, clients will be required to pay each additional month of service ( at the monthly rate ) and the remainder will be refunded. We also provide a full refund for the DSL modem and Voip ATA if cancellation is made within the 30 day no obligation period. After the initial 30 day period Acanac Inc. will not accept the return of your hardware. Shipping and Handling fees are non-refundable.
Deposit and Hardware Buy Back Policy (Voip ATA and DSL Modem)
As of August 2008 all DSL and Voip hardware deposits were converted to an optional buy back upon contract renewal. The exact wording was as follows.
"Once your service is terminated Acanac may choose to buy back the modem at the same price. There is no obligation to purchase the hardware from our customers."
Acanac Inc. has found an error within the setup and invoice program. Some invoices were delivered to clients with the incorrect wording after August of 2008.
If your last invoice still states the word deposit we will continue to honer it until your contract renewal date. At that point if you wish to keep the hardware your deposits will automatically be converted into a purchase.
Should a client purchase a modem from Acanac, but decide that they wish to return it must notify us in writing with 10 days of the original purchase
date to qualify for a refund. After 10 days, the modem fee is non-refundable. Equipment that is purchased directly from Acanac has full 1 year warranty, but will not cover physical damage to equipment not consistent with normal wear and tear. As long as your internet services are active with Acanac and the modem was purchased directly from us, we will troubleshoot any equipment troubles and will provide a replacement modem should one be required, free of additional cost. The defective modem must be returned to Acanac Inc within 30 days of receiving the replacement equipment.
Auto Disconnects. Due to internet stability some calls never end up terminating after a call has been hung up thus the client keeps getting billed. To help prevent incorrect billing we have set an absolute timeout of 1 hour and 30 minutes. Your calls will auto disconnect if you are on the phone past that time period. You can dial the number again and stay on the phone for another period of time equal to the first.
Acanac Inc.cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning. Thus, certain equipment, routing, software, and programming used by Acanac Inc. are not directly owned and written by Acanac Inc.. Moreover, Acanac Inc.holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Acanac Inc.sees fit.
A moving fee of $100 + taxes applies for each moving request for all Cable internet accounts. For DSL internet accounts, the first move is processed free of charge per year. For each subsequent move requests, a fee of $25.00 + taxes will apply.
* Call Centers
* Continuous or extensive call forwarding
* Fax or voicemail broadcasting
* Telemarketing or Mass Solicitations
* Fax or voicemail blasting
* Continous Call Conferencing
Residential vs Business. Any client found to be a residential client and communicating with more then 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more then 50 calls, it simply means that you can not communicate with more then 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more then 250 completely different numbers is also prohibited.In addition. If a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to Acanac Inc due to such actions..
Diagnostic Maintenance Charges. A maintenance charge will be applied to any account as a result of a request for a diagnostic maintenance on a DSL account where no fault was found on the Bell companies facilities or equipment. Should a internal jack or line require installation you will be charge $99.95 + Tax For any work outside the residence no charges will be applied.
Cable Line Installation and rescheduled Visits. Please Note: We if we have to install or rescheduled your Cable line installation a technician may need to gain access into your service location. Please have someone over the age of 18 available during this date and time frame to allow the technician access to avoid any delays. Please call our technical support line two business days after receiving your confirmation message to verify your installation date. If the technician is missed, there will be a $35.00 fee for each missed incident.
Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company's sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect
Furthermore: Acanac Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification. Acanac Inc. reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month's charges.
This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforced the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario.