Club Plus Internet Prepaid Long Distance Service Agreement
READ CAREFULLY. THIS SERVICE AGREEMENT IMPOSES OBLIGATIONS UPON YOU.
This agreement represents the complete agreement and understanding between Club Plus Internet Corporation (hereinafter referred to as Club Plus Internet ) and you, the customer.
1. ACCEPTANCE OF TERMS
Club Plus Internet and its affiliate companies (collectively "Club Plus Internet ") have agreed to
provide telecommunication services ("Service") to you (the "Subscriber"), subject
to the following Terms and Conditions ("TAC"), which may be amended and/or updated
at the sole discretion of Club Plus Internet from time to time without any prior notice
to you. This TAC shall be effective as of the date Services are provided to
you pursuant to this TAC.
2. DESCRIPTION OF SERVICE
Club Plus Internet currently provides you with long distance telephone services. You may use the Service provided by Club Plus Internet provided
that you do so in compliance with all applicable laws and the terms herein.
The Service may only be used by yourself and all persons having your permission
to use the Service
2-1. COMMERCIAL USAGE PROHIBITED
Club Plus Internet will be able to terminate this contract without notice in the event of manifest abuse, like use of a commercial manner of the service, telemarketing, sends of faxes or others. To determine if the service is used in commercial manner Club Plus Internet has the right to check the statistics on the number of calls, the duration of the calls, etc. Subscriber understands that a charge of 0.03$ per minutes can be invoiced for a commercial practice after 500 minutes of use.
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3. SUBSCRIBER'S REGISTRATION OBLIGATIONS
In consideration of using of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Club Plus Internet has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Club Plus Internet has the
right to suspend or terminate your account and refuse any and all current or
future use of the Services.
4. PRIVACY POLICY
Registration Data and certain other information about you are subject to our
privacy policy. Club Plus Internet will use its best efforts and industry standard SSL
encryption to maintain the security of this information, but cannot guarantee
against unauthorized access to your information.
5. CHARGES, BILLING AND PAYMENT
All invoices will be sent to you via e-mail address, paper invoice are available for fee of $2.00. The Service starting Date is the day on which Provider activates the Subscriber's account. Subscriber understands that the service period extends for a minimum of one month ,quarterly, semi-annual or annual billing is automatically renewed for an equivalent time unless terminated by the Subscriber or by the Provider.
a.) Subscriber agrees to prepay Services charges according to the payment method selected on the Account Registration including all applicable taxes. Any credit card or preauthorised payment which is refused becomes immediately due and payable. Failure to promptly re-imburse this amount as well as any bank charges incurred by Provider may result in service cancellation and additional charges, at the discretion of Club Plus.
b.) Accounts will be immediately suspended in the event of non-payment within 10 days following payment due date. Subscriber shall remain responsible for unpaid balances until expiration of account term, plus interest at the rate of 15% per annum.
c.) Subscriber further undertakes and agrees to promptly provide Club Plus with any modification to the credit card or banking information supplied with your Club Plus account (i.e. changes to your credit card expiration date or other similar bank or credit card information).You are hereby acknowledge and agree that Club Plus Internet shall charge you any bank charges incurred by Provider for any cheque that is refused and returned by your financial institution due to insufficient funds or any other reason, and any bank charges incurred by Provider for any pre-authorized payment that is refusedby your financial institution due to insufficient funds or any other reason.
6. SERVICE INTERRUPTION
You acknowledge and agree that this agreement may be canceled by you only upon prior notice to Club Plus Internet. The none use of the service is not considered to be a cancellation. Such prior notice shall be given a minimum of forty eight (48) hours before the next billing date in any of the following manners: (i) by telephone call Club Plus's Customer Service Department at (514) 990-6753; where notice of cancellation has been given by telephone call, Club Plus may require for verification purpose that you send written confirmation of your internet to cancel to "Club Plus" at 429 boyer, Ile Bizard, Qc, H9C 2S1. (ii)By facsimile message address to "Club Plus cancellation" at (514)696-4077. (iii)By mail addressed to Club Plus cancellation at 429 boyer, Ile Bizard, Qc, H9C 2S1. (iv) By electronic mail address to admin@clubplus.net Upon receipt by Club Plus, notices of cancellation shall be effective as of the last day of the then current billing period.
Club Plus Internet may interrupt the Service to you at any time for any duration of time,
without any notice or liability, in order to install, inspect, repair, replace
or to perform necessary maintenance on the telecommunications equipment, facilities
or network, or for other technical reasons as may be required. Club Plus Internet is not
liable for: (i) any disruption or unavailability of the Services; (ii) any act
or omission of any third party (including any other local telephone company,
any connecting carrier or underlying carrier or other provider of connections,
facilities or Service); (iii) Subscriber's conduct, acts or omissions, or the
operation or failure of Subscriber's equipment or facilities; (iv) any event
beyond the reasonable control of Club Plus Internet including, labour disputes, riots,
or civil disputes, war or armed conflict, any law, governmental order, decision
or regulation, or order of any court of competent jurisdiction; and (v) its
failure, for any reason, to activate the Service on the activation date Subscriber
requested.
7. INDEMNITY
You agree to indemnify, defend and hold Club Plus Internet , its officers, directors, employees,
agents, shareholders, licensors and suppliers against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from your
improper use of any Services or any violation of this Agreement by yourself.
The provisions of this paragraph are for the benefit of Club Plus Internet and its officers,
directors, employees, agents, shareholders, licensors and suppliers to Services.
Each of these individuals or entities shall have the right to assert and enforce
these provisions directly against you on its own behalf.
8. TERMINATION
You agree that Club Plus Internet , in its sole discretion, may terminate your account (or any part thereof) or use of the Services if Club Plus Internet believes
that you have violated or acted inconsistently with the letter or spirit of
this Agreement. Club Plus Internet may also in its sole discretion and at any time discontinue
providing the Services or any part thereof, with or without notice. You agree
that any termination of your access to the Services under any provision of this
Agreement may be effected without prior notice, and acknowledge and agree that
Club Plus Internet may immediately deactivate or delete your account and/or bar any further
access to the Services. Further, you agree that Club Plus Internet shall not be liable
to you or any third-party for any termination of your access to the Services.
The sole obligation of Club Plus Internet upon termination will be to refund any unused
balance of your prepaid account, less a handling fee of $5.00. Club Plus Internet shall
have no obligation to maintain any content in your account.
Club Plus Internet reserve the right to terminate any dormant account that has not been
used of a period of 60 days or longer. Upon termination of such dormant
account, Club Plus Internet will not offer refund or reimbursement for the remaining balance
in the account.
9. PROPRIETARY RIGHTS
You acknowledge and agree that the Services contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in Club Plus Internet
corporate web site or information presented to you through the Service is protected
by copyrights, trademarks, service marks, pending-patents or other proprietary
rights and laws. Except as expressly authorized by Club Plus Internet, you agree not to
copy, distribute, or create derivative works based on the Service, in whole
or in part.
10. LIMITATION OF LIABILITY
In the event of any breach by Club Plus Internet, its affiliates or its agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Club Plus Internet payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to Club Plus Internet during the last months immediately preceding the relevant breach. Other than the foregoing remedy, under no circumstances shall Club Plus Internet, its affiliates or its agents be liable to you or any third party for:
(i) any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Service Agreement, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or
(ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
In addition, Club Plus Internet, its affiliates or its agents are not liable for:
(i) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Club Plus Internet does not directly serve
(ii) defamation or copyright infringement arising from material transmitted or received over Club Plus Internet's or its affiliates facilities; or
(iii) infringement of patents arising from combining or using customer- provided facilities with Club Plus Internet's or its affiliates facilities.
11. INFORMATION
You hereby acknowledge that Club Plus Internet and its affiliates may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service. Club Plus Internet will open and maintain a customer file which will be kept at its office.
12. MISCELLANEOUS
This Service Agreement, including any and all documents and Club Plus Internet policies referenced herein, constitutes the entire agreement between Club Plus Internet and you pertaining to the subject matter hereof. Club Plus Internet failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Service Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Service Agreement conflicts with an applicable tariff, the tariff shall supercede this Service Agreement only in respect of the conflicting provision. This Service Agreement shall be governed by and construed in accordance with the laws of the province or territory in which your designated billing address is located and the federal laws of Canada applicable therein. Club Plus Internet may assign its rights and obligations under this Service Agreement to any affiliated entity without your prior written consent. The parties have required that this Service Agreement and all documents relating there to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.
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