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Terms
of Service
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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
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