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 tenancy at the address provided by the Service Subscriber at the time Services are ordered or moved.
DESCRIPTIONS & TERMS
“Services” - any service offered by RhiCom such as, but not limited to, RhiNet (Internet Access), RhiTel (Telephone), RhiBo (Bonded Internet), and MyOffice (Managed Office Network).
“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 RhiCom is accepted and received based on date and time records of the original message and any subsequent message. E-mail is considered a written record of communication.
Rates, Charges & Payment - All monthly recurring charges will be billed in advance and usage based fees will be billed a month in arrears. The period for which charges apply will be displayed on a Services invoice. RhiCom payment due date is thirty (30) days from the invoice date for subscribers not participating in our pre-paid payment options.
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 by the due date.
RhiCom reserves the right to increase International long distance rates without notice, all other rate increases shall be upon thirty (30) days written notice to the Subscriber, which may be communicated by e-mail, invoice announcements or post.
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 RhiCom, acting reasonably, finds that a dispute is invalid, the Subscriber must pay the disputed portion with interest immediately. If RhiCom finds that the dispute is valid, a credit amount will be placed on the following invoice.
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:
a. if the Subscriber has no credit history with RhiCom and is unable to provide proof of creditworthiness;
b. if the Subscriber has an unsatisfactory credit history with RhiCom, based on previous payment practices, and is unable to provide satisfactory current creditworthiness; or
c. 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:
a. guaranteed form of cheque;
b. a written guarantee from another person whose credit has been established and is to RhiCom’s satisfaction; or
c. a bank letter of credit.
RhiCom will review the need and the amount of the deposit or other credit alternative whenever the Subscriber requests a review; a review may be requested once every six months. If RhiCom concludes that satisfactory credit has been established, RhiCom will return the deposit or, with the Subscriber’s consent apply a portion to the current or unpaid charges due and return the unused balance to the Subscriber.
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 company, unless otherwise negotiated at the applicable fees.
RhiCom shall retain all information received from the Subscriber in providing RhiCom Services to the Subscriber in confidence, excepting only Subscriber’s published name, address and telephone number and will not use or disclose such Subscriber information except to provide the RhiCom Services to the Subscriber or except as is authorized or provided for by law, including any privacy legislation that may apply to RhiCom from time to time.
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.
In the event RhiCom is unable to obtain or maintain on commercially reasonable terms the required facilities and services to provide the RhiTel Services to Subscriber, or the required facilities and services are no longer available, then RhiCom may, at its option, upon thirty (30) days prior written notice to Subscriber:
a. terminate the affected RhiCom Services or this Agreement as a whole;
b. propose to Subscriber a revised pricing for the RhiCom RhiTel Services taking into consideration the increased price of such facilities and services to RhiCom.
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 is still obligated to pay the value of any active Service Agreements and to return any equipment owned by RhiCom to RhiCom in good working order.
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 RhiCom. Any unauthorized use of Services, which may breach CRTC guidelines for acceptable use, may be subject to penalties, and will be the burden of the Subscriber to pay.
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 RhiCom in good working order. Equipment charges will apply for all equipment that is not returned or is returned in damaged condition. Contract termination fees may also apply.
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:
a. falsely reducing or avoiding in whole or in part the regular charges for RhiCom Services and Equipment;
b. obtaining, accessing, altering or destroying data files, programs, procedures or other information of RhiCom or RhiCom’s subscribers;
c. interfering with RhiCom Services or Equipment or affecting RhiCom’s subscribers;
d. 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 RhiCom 100% of the monthly recurring charges for each of the months remaining in the contract.
The Subscriber agrees to provide a cancellation request to RhiCom with a written notice by post, e-mail or telephone verbal notice to a Subscriber Support Agent/Billing, Associate/Retail Associate, or Account Executive.
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 RhiCom of the cancellation could result in delays and continued billing. Notice will not be accepted if it provided to a Field Service Technician, Agent, or Dealer.
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, RhiCom shall have the right to suspend Services until such time that payment has been made or the breach has been corrected.
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 guarantee, or correct the breach, then RhiCom shall have the right to terminate all Services with no liability to the Subscriber.
If Services have been terminated, the Subscriber will have to reapply in order for Services to be re-established and RhiCom can not 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 debit, a $25 NSF charge will be applied to the Subscribers subsequent invoice.
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 RhiCom.
Subscriber is responsible for controlling access to, and use of, its own facilities, and although RhiCom may recommend possible solutions to reduce unauthorized use of Service, RhiCom does not warrant or guarantee that such recommendations will prevent all unauthorized use. Subscriber shall be solely responsible for determining the adequacy of Services for any and all uses to which the Subscriber may apply. RhiCom makes no warranties or conditions, express or implied, including any implied warranty of merchantability or of fitness for a particular purpose.
The total liability of RhiCom shall not exceed the amounts paid by the Subscriber for Services. In no event shall RhiCom be liable to the Subscriber for any other amounts, including indirect, special, incidental, consequential, or punitive damages of any kind, including lost profits, regardless of whether such damages were foreseeable, and regardless of the form of the action.
Subscriber shall indemnify, defend and hold RhiCom harmless against all claims, losses or damages, including legal fees, arising from the use of Services, including without limitation, charges incurred as a result of authorized or unauthorized use of Services by third parties; claims for libel, slander, invasion of privacy or infringement of copyright; and claims for patent infringement arising from combining or using Services with facilities or equipment furnished by others.
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 RhiCom, for legal fees incurred in the collection or attempted collection of any undisputed past due amounts.
Equipment - RhiCom retains ownership of all demarcating equipment such as: switches, routers, wireless radio devices, and modems and provides the devices for use during a Subscriber’s subscription period. Reasonable care and the return of the radio or modem device, and associated accessories, is the sole responsibility of the Subscriber.
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 RhiCom. Subscriber may use the equipment only at the location indicated at the time the subscription activation, subject to 911 notification requirements.
Subscriber is responsible for the safekeeping of the equipment. If in Subscriber’s care, the equipment is damaged, lost or stolen, Subscriber agrees to pay RhiCom the full cost to recover, repair, or replace the equipment, as determined by RhiCom in its sole discretion.
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 RhiCom.
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.