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Terms of Service

 
      This is a contract between you and SonicLynx.ca Communications Corporation ("SonicLynx.ca"). It spells out the terms and conditions which apply to your use of the Internet access services provided by SonicLynx.ca (the "SonicLynx.ca Internet Services") for the service plan that you have selected. In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by SonicLynx.ca, its affiliates or partners (the "SonicLynx.ca Sites") may be subject to additional terms, policies and rules contained within the SonicLynx.ca Sites or otherwise made available to you.
      By opening a SonicLynx.ca Internet Services account under your name or by using the SonicLynx.ca Internet Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE THE SonicLynx.ca INTERNET SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SonicLynx.ca INTERNET SERVICES ACCOUNT, IF YOU HAVE ONE (see Section 57). 
 
Amendments to this Agreement
1. SonicLynx.ca reserves the right to amend this Agreement at any time. However, SonicLynx.ca will use reasonable efforts to publish any amendments on its SonicLynx.ca Web Site at http://www.SonicLynx.ca, as may be updated from time to time, (the "SonicLynx.ca Web Site") before such amendments become effective. You are responsible for regularly reviewing the SonicLynx.ca Web Site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your SonicLynx.ca Internet Services account (see Section 57). If you do not terminate your account before the effective date of the amendment, you will be conclusively deemed to have accepted the amendment. 
 
Your Account
2. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the SonicLynx.ca Internet Services in accordance with this Agreement. 
3. As the SonicLynx.ca Internet Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account, including without limitation all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify SonicLynx.ca of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to SonicLynx.ca, as requested, to stop and/or remedy any breach of security. 
 
Customer Information
4. You acknowledge that you have read the SonicLynx.ca Privacy Commitment at http://www.SonicLynx.ca/about/privacy.php (as it may be updated from time to time) (the "SonicLynx.ca Privacy Commitment") and hereby consent to the collection, use and disclosure by SonicLynx.ca and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the SonicLynx.ca's Privacy Commitment. SonicLynx.ca's use of customer information is also subject to applicable terms and conditions contained in SonicLynx.ca's General Terms of Service (as amended from time to time), copies of which are available from SonicLynx.ca. 
5. You agree to provide true, current, accurate and complete customer information as prompted by SonicLynx.ca's registration process or as otherwise requested by SonicLynx.ca or its agents and you agree to promptly notify SonicLynx.ca of any changes to this information as required to keep it current, complete and accurate. 
 
Billing and Payment
It is the responsibility of the customer to read and understand SonicLynx.ca’s Billing Policies and Terms and Conditions of Use, posted at www.SonicLynx.ca. SonicLynx.ca reserves the right to change our Policies at our discretion and without notice. All changes are posted on the SonicLynx.ca web site. The following is listed in ‘Alphabetical’ order. 
 
30 Day Money Back Guarantee
NEW dial up customers to SonicLynx.ca qualify for the 30 Day Money Back Guarantee. When the written cancellation notice is received, the account will be cancelled immediately and SonicLynx.ca will process a full refund to the payment form originally used to pay for the new account. If you paid by debit card, on-line banking, cheque or cash, you will be refunded by cheque. Cheque refunds will take 4 – 6 weeks to process. Written notice of cancellation along with the 30 day money back guarantee request is required by the authoritative account holder.   
 
Automatic Debit and Prepayment
All accounts must be pre-paid or on Automatic debit through a bank account or credit card. Additional hours are included with regular invoicing. Accounts will not be backdated nor will credit cards be refunded for non-usage or to avoid additional hours. It is your responsibility to notify us of any changes to your credit card, including expiration date changes. A $20 Processing Fee will be charged for any payment that is declined for any reason. 
 
Automatic Bank Withdrawal Processing
Payments are processed on the 1st or 20th of each month. At the time of sign-up, your billing period will be pro-rated accordingly. Charges for ‘separate’ services are invoiced and payable separately (i.e. additional hours charges or account term charges). Account adjustments must be made a minimum of 5 days prior to the assigned auto-debit processing date of either the 1st or 15th. To sign up, complete the ‘Direct Funds Transfer’ form with full signature. Provide either a “VOID” cheque or a teller slip from the Bank (with the ‘Bank, Transit and Account’ numbers written on the slip) (if opting to pay via your Savings, Trust or other bank account). Please contact our billing department for more information or to sign up for this service. A $20 Processing Fee will be charged for any payment rejected by the Financial Institution for any reason. 
 
Cancellations and Refunds
The authoritative holder (account owner) must give notice of cancellation in writing via email, fax or mail 7 days prior to the end of the billing period for Dial Up accounts, and 30 days prior to end of the billing period for ADSL accounts. For the protection and security of the account owner, SonicLynx.ca will not take a cancellation by telephone.   All accounts will have the cancellation made effective at the end of that billing period. All pre-paid are non-refundable. Upon cancellation of an account, if you have any credit remaining for full account months that you have paid for but not used, you may choose to have it:

A) Held on account for future use.
B) Transferred to another account holder of your choice or friend or family member.
C) Convert the remaining credit to a mail forwarding or other account type of your choice.
 
Credit on an Account
Credit left on an account is NON-REFUNDABLE. Account credits are not calculated for any partially used months. As well, previous months will not be reversed for non-usage. 
 
Holds
Accounts can be put on hold for a minimum of one month or indefinitely and must be arranged as such by the authoritative account holder. Only the authoritative account holder can request an account be reactivated. 
 
Hours Used
It is the customers and not SonicLynx.ca’s responsibility to track the hours that are used on account. 
Invoicing
Your initial billing period begins on your Anniversary Date (the date of sign-up). Accounts are billed the 1st or 15th of the month, whichever is closest to your start date. SonicLynx.ca prorates your first charge to align with the billing dates of the 1st or the 15th. Invoices are generated and sent via email. All accounts must be paid in advance. All accounts are automatically renewed and invoiced ‘prior’ to the renewal date unless SonicLynx.ca receives notice to put the account on hold or written cancellation of the account prior to the renewal date. All accounts continue to be billed and are payable until written authorization to cancel the account is received from the account holder. 
 
On-line Banking
On-line banking is currently available with at all major banks (except HSBC) and Credit Unions. To sign up for this service, you must contact your bank and provide them with our name (SonicLynx.ca) and your customer ID # (displayed on your invoices). Please contact our billing department if you require your account number to sign up for this service. 
 
Plan Changes
All adjustments to your account are made effective the start of the next billing period and can only be made by the authorized account holder. SonicLynx.ca cannot backdate an account or billing period due to non-usage. 
 
Service Fees 
Prepayment Discounts:
A) Accounts invoiced for 3, 6, 12 or 24-month durations are given a pre-payment discount and renew automatically. If the account is not paid by the renewal date (i.e. anniversary date), then the pre-payment discount is removed. SonicLynx.ca does not combine pre-payment discounts with any Specials being offered. We allow ‘one’ discount or special only. SonicLynx.ca reserves the right to discontinue prepaid specials and other promotional specials following the plan renewal date. 
B) Rejected Payments:
Any cheque, automatic credit card or automatic bank withdrawal payments that are rejected and returned for any reason, will have a $20 Processing fee applied to the account and will be subject to suspension if not paid within 2 weeks of SonicLynx.ca advising you of such a rejection. 
C) Interest and Service Charge:
All accounts overdue by more than 45 days are subject to a 2% monthly interest charge. All accounts must be paid for in advance. All accounts deemed to be ‘delinquent’ for non-payment, are also subject to an additional $20 Service Charge. As well, SonicLynx.ca, at its sole discretion, may disconnect services (See ‘Suspended Accounts’). 
 
Suspended Accounts:
If there is a balance on your account over 30 days in arrears, SonicLynx.ca reserves the right to suspend your services until you make such arrangements to pay the balance owing in full. To reactivate a suspended account, the full outstanding balance must be paid and automatic payment must be used going forward. 

User ID Change/Email Address Change:
A $10 fee applies to all username changes. You can change the Username at any time. A password must be provided with the new username being activated. User Password may be changed at any time free of charge. Note: You must back-up your web page before changing User ID. 
7. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the SonicLynx.ca Internet Services through your account, in accordance with the rates, terms and conditions established from time to time by SonicLynx.ca that are applicable to the service plan which you have selected. Such rates, terms and conditions will be posted on the SonicLynx.ca Web Site or otherwise made available to you by SonicLynx.ca. SonicLynx.ca shall begin charging you on the date that you subscribe for the SonicLynx.ca Internet Services, unless otherwise specified by SonicLynx.ca. 
A) Available billing and payment options may vary depending on your location and SonicLynx.ca reserves the right to modify the types of payment it will accept, at any time, in its sole discretion. 
B) Any charges included in your SonicLynx.ca statement, are due upon receipt of such statement. If payments are not received by SonicLynx.ca within 30 days of the invoice date, interest shall accrue on the outstanding amount at the rate of 2% per month (19.56% compounded annually). 
C) Upon signing up with SonicLynx.ca you will have 10 days to pay your first months charges. If payment is not received within 10 days of signing up your account, the service will be suspended until such time as SonicLynx.ca receives full payment. 
D) Accounts with an outstanding balance for more than 45 days will be made inactive and all access privileges will be withdrawn. A $20 fee will be charged for reactivating suspended and inactive accounts. 
E) Any accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges. 
F) A fee of $20 will be charged to the account for all returned cheques and Pre-authorized Payments ("PAP"). 
G) A $10 handling fee will be applied to all refunds issued by SonicLynx.ca. 
8. Your right to use the SonicLynx.ca Internet Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize SonicLynx.ca or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and SonicLynx.ca does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by SonicLynx.ca. Subscriber shall promptly provide SonicLynx.ca with any changes in Subscriber's credit card or banking information previously supplied to SonicLynx.ca. Subscriber shall pay a monthly subscription fee in advance at the beginning of each billing period, together with any excess usage charges from previous periods. Subscriber shall be responsible for all usage charges on Subscriber's Internet account, whether due to Subscriber or other users. Subscriber remains responsible for all unauthorized use of Subscribers Internet account until Subscriber notifies SonicLynx.ca. 
9. Any failure of SonicLynx.ca to provide you with a bill or statement pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify SonicLynx.ca of any errors, discrepancies or irregularities in any billing within 30 days after they first appear on your bill or statement, such bill or statement