G3 Telecom's long distance service
"Services" are any and all of the residential and small business long distance voice services and related product offerings provided by G3 Telecom Inc. "G3." "You" means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services.
2. Use of Services and Responsibility for Charges
You may use the Services for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements. You are responsible for paying all charges for the Services, including for all calls and services: (i) made via your telephones or telecommunications systems; (ii) made using any number or authorization code assigned to you, including any calling card number or any other personal identification number assigned to you or selected by you; (iii) which are charged to your account. You are responsible for the security of your authorization codes, and access to your telephones and telecommunications systems. You have acknowledged that you are the person authorized to subscribe for the Services. In the event of a dispute regarding your authorization to subscribe for long distance Services, G3 will accept the local voice subscriber as the sole person so authorized.
3. Acceptable Use
If you subscribe to any of the Unlimited Long Distance Plans, you may not use the Services for anything other than normal residential use. You may not resell the Services or use for commercial purposes, or receive any charge of benefit for the use of the Services. You may not share or transfer your Services without G3's express consent.
Fair Use Policy
Unusually high usage of the Service attributable to individual Accounts may impair G3’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, your use of the Services is subject to reasonable use limitations. For all Unlimited Plans, reasonable use means that your use of the Service does not materially impair G3’s ability to provide the Service to other users. For all “unlimited” Service Plans, reasonable use means that your use of the Service does not exceed 3,000 minutes per month. Except where prohibited by law, G3 reserves the right to immediately disconnect, suspend or modify your Service if your use of the Service violates or it is determined by G3 that your use of the Service violates this reasonable use policy.
4. Charges and Payment
Charges will commence as of the activation date for the applicable Services. G3 will charge you based upon call duration in one minute increments. Call timing will be determined conclusively by G3's network systems. Any fraction of an increment will be treated as an entire increment. You must bring inquiries and disputes regarding charges to G3's attention within 45 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects. Where your Services are cancelled, either by you or by G3, and there is an undisputed credit balance on your account, you may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180 day period, it shall become the property of G3, and any account credits provided by G3 will expire. G3 reserves the right to charge a reasonable processing fee in connection with issuing refunds.
G3 reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. By subscribing to the Services, you authorize G3 to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as G3 may reasonably request for this purpose.
6. G3's Right to Refuse to Provide Services
G3 may at its discretion refuse to provide Services to you where: G3 has reason to believe the account will be use for fraud or illegal purposes.
7. Service Interruption
G3 may interrupt your Services 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.
8. G3's Liability
(1) G3 does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. G3's liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of G3, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall G3 be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable. (2) G3 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) your conduct, acts or omissions, or the operation or failure of your equipment or facilities; iv) any event beyond the reasonable control of G3 including acts of God, inclement weather including lightning, 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; or v) its failure, for any reason, to activate any Services on the activation date you requested; G3 provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of G3. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by G3. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.
9. Your Liability
You agree to indemnify and hold harmless G3 against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another. You must not use, in any manner or circumstances whatsoever, G3's, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
10. Suspension or Termination of Services by G3
Without incurring any liability whatsoever, G3 may immediately suspend or terminate any or all of the Services where you: i) fail to pay an account that is past due, or you provide payment by cheque which is not honoured by your bank; ii) fail to meet G3's credit requirements, or you become bankrupt or otherwise insolvent; iii) violate any provision of these General Terms of Service; iv) use or permit others to use the Services so as to prevent fair and proportionate use by others; v) use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls; vi) charge or allow others to charge any other person for the use of the Services without G3's prior written agreement; vii) harass, threaten or otherwise act unreasonably towards G3, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits; viii) alter or otherwise interfere with G3's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or G3's equipment, facilities or network; or viiii) fail to provide payment for other accounts with G3.
11. G3 Initiated Changes in Telephone Numbers
G3 reserves the right to change the access telephone number assigned to you. G3 will provide notice of such change to you indicating the date of such change.
12. Your Right to Cancel
G3 permits you to cancel your Services at any time by contacting G3's Customer Service. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.
13. Expiry of Prepaid Services
If your services with G3 are of a prepaid nature, and if you have not used G3's service and/or your account has been inactive for a period of one (1) year, G3 has the right, after the one (1) year period, to terminate your services and remove any funds remaining on your account.
14. Changes, Modifications or Termination of Plans or Plan Features
Without incurring liability, G3 may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.
15. Customer Confidentiality
Unless you consent in writing, or disclosure is pursuant to a legal power, all information kept by G3 about you, other than your name, address and telephone number, is confidential and may not be disclosed by G3 to anyone other than: i) to you; ii) a person who, in the reasonable judgment of G3, is seeking the information as your agent; iii) another company involved in supplying the Services provided the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information to be used only for that purpose; iv) disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required bylaw.
17. Customer Service
You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other G3 services or products, your account or any other matter relating to G3, seven days a week, at (0)203-807-5394. You may also write to G3 at:G3 Telecom Corp.
18. General Terms of Service
These General Terms of Service are binding upon you and on G3 and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without G3's prior written consent. These General Terms of Service shall be governed by the laws of the province of Ontario. These General Terms of Service are available in French at your request. Les présentes Conditions générales sont disponibles en français sur demande.