Tri-Canadian Energy Communications

Terms and Conditions

Terms of Service

The following terms and conditions of service (“Terms of Service”) govern your use of the Services and form part of your Agreement, as defined below. If there is any inconsistency between these Terms of Service and any other document forming part of your Agreement, these Terms of Service will prevail. Please review the entire Agreement. By activating this Service, you acknowledge that you have read, understood and agree to these Terms of Service.

LAST UPDATED: April 1st, 2021

General

1. What are the Terms and Conditions of Service?

(“Service Terms”) Throughout this document:

  • TCC” means Tri-Canadian Energy Communications, its parents, subsidiaries, and affiliates;

  • TCC Parties” means TCC, its partners, licensors, dealers, representatives, suppliers, and agents (and their respective employees, officers, directors, shareholders, and representatives);

  • Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;

  • Fixed Term” means a minimum contract period for a particular Service;

  • I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent concerning the Service;

  • Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses,

2. What is included as part of my Agreement for Services with TCC?

The “Agreement” includes the Service Terms, Service Agreements made available on the Website at the following https://www.tcecommunications.com/terms-conditions/ for Services to which you subscribe, any TCC document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to a Service Agreement, then to the Service Terms, and lastly to any other TCC documentation describing features, products, or services.

3. How do I accept this Agreement?

By using the Services or allowing Services to be installed at your premises, you acknowledge that you have read, understood, and agree to the Service Terms. If you do not agree with the Service Terms, you may not use the Services.

4. How long does the Agreement last?

The “Term” of your Agreement with TCC begins when you accept the Agreement and will continue until the Agreement is terminated. TCC provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, unless you cancel the applicable Service in accordance with Section 33.

5. Can TCC change the Agreement?

TCC can change the Agreement and any aspect of the Services. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email or letter to the contact information that you have provided to us or by bill insert or posting the notice on our Website.

If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

The process for the introduction of new policies and amendments to existing policies is different. New Policies are effective as of the day they are posted by TCC on the Website. Likewise, changes to existing policies are effective as of the date that they are posted to the Website.

6. What if I do not agree with a change that TCC makes to the Agreement?

If you do not agree with a change made by TCC, you may cancel the affected Services in accordance with Section 33.

ACCOUNT, BILLING AND PAYMENT

7. How does TCC bill me for the Services?

TCC will bill you monthly based on your first day of active service.  You must pay all recurring and one-time charges (“Fees”) and all applicable taxes due for TCC services within fifteen (15) net days of TCC’s invoice date. TCC may bill in advance or arrears for Services. Service Agreements may also modify the billing terms for certain Services.

8. How can I pay my bill?

You can pay your bill through auto payment or online through the customer portal with a credit card or a VISA debit card, or by cheque (through the mail) to: TCE Communications Inc. PO Box 6018 Picton, ON K0K 2T0. If paying by credit card, you confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. You must promptly advise TCC if your credit card or bank account information changes.

9. What charges apply to late payments, rejected payments, and other account processing actions?

If TCC does not receive a payment within fourteen (14) days of the invoice date, you will be subject to a late payment charge of 2% per month. This late payment charge accrues on a daily basis and is calculated and compounded monthly on the outstanding amount (26.82% per year) (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full.

You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account, or any other payment method pre-authorized by you for payment of Fees.

Administrative charges in amounts up to $50.00 may be levied for administration or account processing activities in connection with your account, including as a result of the following:

  • collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees, and adjustments;

  • returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason;

  • change of any Identifier; and/or

  • the restoral of Service

10. What if I dispute Fees on my invoice?

If you have any questions, disputes, or discrepancies to report regarding Fees, you must do so within ninety (90) days of the invoice date. Failure to notify us within this period will constitute your acceptance of such Fees. We will investigate disputes and if at our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

YOUR RESPONSIBILITIES

11. Does TCC have any policies that apply to the Services?

Yes. From time to time, TCC may establish policies, rules, and limits (collectively “Policies”) concerning the use of the Services, Equipment, and any products, content, applications, or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference. Policies are published by unambiguous links on the Website. The terms of Section 5 apply to the introduction of new policies or changes to existing Policies.

12. Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your personal use, in accordance with the Agreement and all applicable laws. You also agree not to:

  1. Resell the Services, receive any charge or benefit for the use of the Services; and

  2. Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.

13. How can I be sure that TCC has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to TCC (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users up to date. If this Agreement is canceled, you will provide TCC with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. Failure to provide a forwarding address may result in the forfeiture of any outstanding credits or deposits on your account.

14. What am I responsible for if my TCC account is compromised?

You must notify TCC immediately should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

TCC SERVICES

15. Do you provide an email service?

No. At this time, TCC offers its customers high-speed reliable internet powered by our proprietary renewable solar energy and battery back-up system which does not rely on a connection to an existing electrical grid. With the numerous free and fee-based hosted email services from providers such as Google, Microsoft, and many others, TCC decided to focus its efforts on providing fast and reliable internet. Not having to manage and maintain servers, spam filters, and other services associated with providing email services, TCC can keep its operating costs low and pass those savings on to our customers.

16. Do you provide digital phone service (VoIP)?

VoIP (Voice over Internet Protocol) lets you access phone service over the internet and is not dependent on traditional phone lines. One limitation of offering VoIP services involves the use of the emergency number 9-1-1.

With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response center. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response center. Because you can move your VoIP phone between locations and because, for technical reasons, the emergency operator may not have your name, location, or contact information immediately available.

At this time, TCC does not offer this service. As a result, you acknowledge and agree that, to the maximum extent allowed by law, TCC Parties will not be liable for any injury, death, or damage to persons or property, arising directly or indirectly out of or relating in any way to 9-1-1 calling from any unauthorized VoIP usage and you agree to indemnify and hold harmless the TCC Parties for any liabilities, claims, damages, losses, and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your TCC service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

17. Are there any warranties on the Services?

To the maximum extent permitted by law, TCC Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing, or operation of the Services or any products, content, applications, services, facilities, connections, or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security, and performance of the Services.

TCC Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, concerning the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties, and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the TCC Parties creates any term, condition, representation, or warranty not expressly stated in the Agreement.

18. Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that TCC does not fully control.

TCC EQUIPMENT AND SOFTWARE

19. Are there any limitations concerning the use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

  • You will take reasonable care of the Equipment;

  • You may not sell, lease, mortgage, transfer, assign or encumber the Equipment;

  • You may not relocate the Equipment without our knowledge and permission; and

  • Pursuant to our instructions, you may be required to either (1) return certain Equipment to us at your own expense upon termination of the Services to which the Equipment is related; or (2) grant TCC access to your premises to retrieve certain Equipment, such as fixed wireless equipment, that may require a technician for retrieval.

If Equipment is lost, stolen, or damaged or sold, leased, mortgaged, transferred, assigned, encumbered, or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment.

20. Do I need to grant TCC access to Equipment?

Yes. You agree to authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon time frames to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. You must immediately notify us if Equipment is lost, stolen, or destroyed.

Although TCC will seek your consent whenever feasible, you agree that TCC may access, without consent or notice, Equipment located on your property and outside of your residential or business dwelling in the following exceptional circumstances: (a) if TCC has a court order to do so; or (b) if there is an emergency, which includes circumstances where Equipment on your property is malfunctioning and affecting your Services or the TCC network.

21. Will the Service ever require changes of Equipment?

Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

22. Are there any limitations to the use of Software?

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own personal, non-commercial use and may not be distributed, transferred, or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss, or damage. You must review and agree to any applicable end user license agreement of TCC, our licensors, or content providers. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the applicable Service Agreement.

PROPRIETARY RIGHTS

23. Is the content that I access through the Services subject to any intellectual property rights?

Yes. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet may be protected by applicable copyrights, trademarks, patents, trade secrets, and/or other proprietary rights and laws.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials, and all other things comprising the Services are owned by TCC, its licensors, or its suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.

24. Do I have any rights to the content that I provide in connection with the Services?

Yes. TCC does not claim ownership of information, materials, software, or other content (collectively, the “Content”) that you post, upload, input, provide, submit or otherwise transmit to TCC or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting, or otherwise transmitting the Content to TCC or any third party, using the Services, you have thereby granted TCC a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by TCC to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

25. Who owns electronic addresses used in connection with the Services?

Except where otherwise specified by TCC, Identifiers remain the property of TCC at all times.

PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION

26. How does TCC protect my personal information?

TCC protects your personal information in a manner consistent with applicable privacy legislation and Policies.

27. Does TCC perform credit checks or report credit history?

Yes, by entering into the Agreement you agree that TCC may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. TCC may also disclose your TCC credit history to credit reporting agencies, credit grantors, and/or collections agencies.

28. Will TCC send me commercial electronic messages?

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from TCC. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.

LIABILITY AND INDEMNIFICATION

29. How does TCC limit its liability?

You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, TCC Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.

Other than the foregoing payment and to the maximum extent permitted by applicable law, TCC Parties are not responsible to anyone for:

  • Any direct, indirect, special, consequential, incidental, economic, or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however, caused) resulting from or relating directly or indirectly to the Service or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;

    • The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Service;

  • The denial, restriction, blocking, disruption, or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or Identifiers;

  • Any lost, stolen, damaged, or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates, or credits;

  • Any error, omission, or delay in connection with the transfer of Identifiers to or from another telecommunications service provider or any limitation connected thereto;

  • Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or

  • Any claims or damages resulting directly or indirectly from any claim that the use, intended use, or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy, or other rights of a third party.

These limits are in addition to any other limits on TCC Parties’ liability set out elsewhere in the Agreement.

30. Must I indemnify TCC Parties with regards to the Agreement?

Yes. You agree to indemnify and hold harmless TCC Parties from all demands, claims, proceedings, losses, damages, costs, and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against TCC Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.

CANCELLING AND SUSPENDING TCC SERVICES

31. When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting TCC at the points of contact specified in these Service Terms. Cancellation Charges, as defined in Section 34, may apply.

32. What happens to a Service Agreement if I transfer my Services to another provider?

Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Service Agreements will be automatically canceled. Cancellation Charges, as defined in Section 34, may apply.

33. When can TCC cancel or suspend my Services?

TCC may cancel any or all of your Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you by email or by mail to your billing address.

TCC may also restrict, block, suspend, disconnect or terminate any or all of your Services, for cause, without notice, if:

  • you are in breach of a Service Agreement, including non-payment of your charges or non-compliance with any Policies;

  • you do not maintain Service usage within the prescribed credit limit ;

  • you exceed reasonable usage limits, as determined by us;

  • you have given us false, misleading, or outdated information

  • we reasonably suspect or determine that any of your Services, Equipment and/or Identifiers are the subject of fraudulent, unlawful, or improper usage or usage that adversely affects our operations or the use of our services, facilities, or networks by others;

  • you harass, threaten or abuse us or our employees or agents;

  • you fraudulently or improperly seek to avoid payment to us;

  • we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or

  • we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

34. What are my obligations if my Service(s) is canceled?

If you or TCC cancels (one or more of) your Service(s) that are subject to a month-to-month term or if your Services are transferred to another provider, you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated), taxes, and Late Payment Charges on your final invoice for those canceled Services. A one-time activation and installation fees are non-refundable. A restocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped.

If Equipment that you have purchased has been shipped before Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a month-to-month Service is canceled. Any Equipment that you lease from TCC, except for certain Equipment, such as fixed wireless equipment, that may require a TCC technician for retrieval, must be returned by mail at the address listed in Section 45 within thirty (30) days of the date that Services are canceled by you or TCC.

For month-to-month Services, TCC will provide a refund for the canceled portion of monthly service fees that you have paid in advance for Services. This refund will be prorated based on the number of days left in the last monthly billing cycle after cancellation.

If you cancel a Service that is subject to a Fixed Term before its expiry, or if TCC cancels for a cause your Service that is subject to a Fixed Term, then you must pay TCC an amount equal to fifty percent (50%) of the remaining monthly fees for the canceled Service that would have been payable to the end of the Fixed Term, plus applicable taxes (collectively, the “Cancellation Charges”). You acknowledge that the Cancellation Charges are a reasonable estimate of TCC’s liquidated damages, represent consideration for the Services, and are not a penalty.

35. How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected, or terminated by TCC?

TCC may, at its sole discretion, restore your Services, with or without conditions that may include:

  1. Full repayment of outstanding amounts owing to TCC;

  2. Compensation for costs incurred by TCC in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or

  3. Changes to your Fees on an ongoing basis

ADDITIONAL TERMS

36. Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province of Ontario, which is 18 years of age, and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

37. What is the process that applies to unresolved disputes with TCC?

If you have a dispute about Services, Software, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute.

If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commissioner for Complaints for Telecom-Television Service (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). The CCTS is the telecommunications consumer agency designated by the CRTC to resolve consumer and small business disputes about telecommunications services. The CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management, and unauthorized transfers of service.

With the exception of billing disputes, which are resolved exclusively through the process described in Section 10 of these Service Terms, any unresolved dispute may also be referred to as voluntary single arbitrator arbitration. In such an event, the fees for the arbitrator shall be shared equally by the parties.

38. Which Court has jurisdiction over claims related to the Agreement?

By entering into the Agreement, except where the Canadian Radio-television and Telecommunications Commission, the CCTS, or an arbitrator has jurisdiction, you consent to the exclusive personal jurisdiction of and venue in a court located in Belleville, Ontario for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of the Agreement.

39. What if parts of this Agreement become unenforceable?

If any part of this Agreement becomes outdated, prohibited, or unenforceable, the remaining terms will continue to apply to you and TCC. Even if TCC decides not to enforce any part of this Agreement for any period, the term remains valid and TCC can enforce it in the future.

40. What laws apply to this Agreement?

The laws of Ontario and federal laws of Canada applicable in that province govern this Agreement.

41. Can this Agreement be transferred?

TCC may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s), or the Service without TCC’s prior written consent.

42. Do any terms or obligations of this Agreement apply after the cancellation or expiry

of the Agreement?

Yes. The cancellation, transfer, or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued before that event including but not limited to the obligation to pay any outstanding amounts owed for Services.

HOW TO CONTACT TCC

43. How do I contact TCC?

To contact TCC for any reason, including providing notices to TCC pursuant to this Agreement, you may reach us by using the contact information below.

You may reach us:

By email:

By Mail: Suite 6, 35 Bridge St. Picton ON K0K 2T0

44. How do I contact TCC for technical support?

Unless otherwise provided in a Service Agreement, TCC offers technical support for its Services, except on provincial and federal statutory holidays, between 8 AM and 4:30 PM Eastern Time (“ET”) from Monday to Friday; on Saturdays between 10:00 AM and 4:30 PM ET; and on Sundays between 12:00 PM and 6:00 PM ET. You may contact TCC for technical support via the contact information set out above in Section 43, we provide virtual services and have troubleshooting steps to assist you listed on our website at tcecommunications.com.

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