Terms and Conditions

Vodalink Terms & Conditions

GENERAL TERMS & CONDITIONS

Effective Date: April 21, 2018

The Customer recognizes and accepts that the present terms and conditions may be modified by Vodalink at any time in accordance with the provision herein and any changes will be posted on www.Vodalink.ca, along with the effective date.

  1. APPLICABILITYThese Terms and Conditions govern the provision of and use of residential services, including, but not limited to, Digital Home Phone, High Speed Internet, TV and Long Distance services provided by Vodalink, as well as any hardware, equipment or devices provided by Vodalink in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term.
  2. PAYMENTPayment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. Vodalink requires pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. Overdue amounts are subject to interest fees of 1.34% per month (16.07% per year).
    For all packages, the acceptance of the order is conditional on the payment of the first invoice which includes the shipping, activation and installation fees, as well as service charges for the initial billing period. The payment is non-refundable unless Vodalink cannot provide the service to the Customer.
    In the event of a payment default, any outstanding amount becomes immediately payable and due. A fifteen-dollar ($15.00) charge may be applied for any payment items returned by the bank. In the event of returned pre-authorized charges to a bank or credit card, Vodalink may attempt to process payment before the next regularly scheduled payment.
    A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to the Customer, amount will be refunded within 15 days.
    If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify Vodalink in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. Vodalink reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.
    Vodalink reserves the right to change payment notification methods, including the cessation of mailed debit notices, where not required by law. As part of our commitment to the environment, and to save our Customers’ costs, Vodalink is committed to converting from mailed debit notices to electronic notifications, wherever possible. Unless otherwise specified in writing, Customers agree that Vodalink may debit their bank account or credit card (as applicable) by an amount equal to the monthly charges, applicable usage charges and any amounts in arrears, without any notice or further authorization from the Customer].
  3. EARLY TERMINATION FEES:If the Customer subscribes to a contract or term service and cancels prior to the end of the term, the Customer may be charged Early Termination Fees (ETFs). The ETFs are not a penalty. They are an estimate of damages suffered by Vodalink as a result of the Customer’s early cancellation of Vodalink Services.
    Any ETFs will be calculated based on the amount of the discount (whether to services, hardware, or both) offered in exchange for a fixed term and will not exceed the value of the original discount for services and/or hardware provided.
    For customers in Quebec on fixed term contracts, the ETFs will not exceed the value of discounts applied to the purchase of new or refurbished equipment, prorated to the time remaining in the fixed term.
  4. SERVICE SUSPENSIONIn the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, Vodalink may suspend service without prior notice.
    Vodalink may impose a charge of up to $75 for disconnection of each Service and a separate charge of $75 for reconnection of each Service, and the Customer shall pay to Vodalink all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by Vodalink following a reconnection request.
    Orders are subject to credit approval and in the event of unacceptable credit risk, Vodalink may interrupt some or all services or features without prior notice.
  5. LIMITATION OF LIABILITY AND INDEMNIFICATIONVodalink will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. Vodalink aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL VODALINK, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH VODALINK’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT VODALINK WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.The Customer agrees to defend, indemnify, and hold harmless Vodalink, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or Vodalink in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Vodalink in connection therewith.
  6. PRICES AND SERVICE FEESLong Distance rates can change without written notice. Prices for other services and/or discount rates may be subject to change upon written notice. In such cases, the Customer will be informed thirty (30) days before the effective date of the price change.Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.In the event of non-maintenance related interruptions, Vodalink may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.Service orders may be subject to credit approval and in the event of unacceptable credit risk, Vodalink may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice. Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month Vodalink holds the deposit. When Vodalink Services are cancelled or the conditions justifying the deposit no longer apply, Vodalink will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to Vodalink, then refund you the balance of the deposit, if any.Vodalink Long Distance, Direct dial, Calling cards and Mobilepinless Long Distance rates
    • Rates and Charges: Current rates and charges for Vodalink Long Distance are available on our rates page and may change without notification.
    • Monthly allotted North American Long Distance minutes do not include calls to Alaska, Hawaii or the Canadian Territories.
    • Security Responsibilities: The Customer agrees that that they are responsible for charges with respect to all calls originating from or accepted from a VodalinkLong distance. The Customer further agrees that it is their responsibility to safeguard access to any authorization codes for VodalinkLong Distance and as such agree to be responsible for all charges incurred through a VodalinkLong Distance Calling. If a VodalinkCalling Card is lost, stolen or misplaced, the Customer agrees to contact Vodalink immediately to arrange for cancellation and replacement of the VodalinkCalling Card;
    • Additional per call charges will apply for calls using the Vodalink toll free (as opposed to local access dial) phone number.
    • Vodalink Mobile Pinless service is currently available in Canada only without the applicable toll free access surcharge.
    • Applicable cellular air time charges will continue to be invoiced by the Customer’s cellular service provider.
    • Vodalink Mobile Pinless service can only be used to the extent that the “call block” or “don’t show number/ID” feature on the handset can be and is deactivated.
    • Vodalink Mobile Long Distance may not be able to be utilized from Alaska, Hawaii and countries of American Commonwealth status (e.g. Puerto Rico and the Virgin Islands).
    • Additional per minute surcharges may apply for all Vodalink Long Distance Voice Services in respect of calls terminating on mobile phones or special country code terminations in certain countries.
  7. EQUIPMENT PROVIDED BY VODALINKEquipment must be supplied by Vodalink.
    The Customer agrees to maintain and operate any equipment, software and services provided by Vodalink in compliance and in accordance with the applicable operating instructions provided by Vodalink. A shipping fee of $15.00 will apply to all equipment orders. For Vodalink digital home phone equipment shipped alone, a shipping fee of $10.00 will apply. Equipment will remain the property of Vodalink unless it has been purchased by the Customer either outright or on a rent-to-own basis. The Customer agrees to return any equipment owned by Vodalink upon request.
    The equipment is to be returned to Vodalink within thirty (30) calendar days of such request or following the cancellation date. In the event that the equipment is not returned by the Customer, Vodalink reserves the right to charge for such equipment the current Customer purchase price. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, Vodalink reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment.
    Customer Premise Equipment (CPE) that is supported by our vendors may change periodically. Should the equipment no longer be supported, the client will be responsible for the cost of purchasing new equipment from Vodalink. Refunds are not available for end-of-life equipment.
    The obligations listed in this section above will survive the expiration or termination of the service agreement.
  8. EQUIPMENT PURCHASE FROM VODALINKThe sale of any equipment shall be final and the equipment may not be returned or exchanged without the consent of Vodalink. Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date, or the first date of the rent-to-own period, for parts and labour. Vodalink will replace any defective equipment with comparable equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify Vodalink promptly so that Vodalink may arrange to make the necessary assessment.
  9. REMOTE SUPPORT AND MAINTENANCEIn order to provide the Service to Customers, Vodalink may directly or through a third party connect remotely to equipment such as but not limited to modems, Internet telephone adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
    In addition to the above, for the purposes of correcting or analyzing service problems, Vodalink may seek the cooperation of the Customer to make changes to the Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
    Vodalink may, without any liability, interrupt the services for technical or maintenance purposes. Where possible, Vodalink shall provide advance notice via electronic communications or by posting a notification on the web site under “Network Status”.
  10. FORCE MAJEURENotwithstanding any other provisions, Vodalink shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
  11. TRANSFER OF ACCOUNTThis account shall not be assigned or transferred in any way whatsoever without the prior written consent of Vodalink which may be withheld at its discretion.
  12. CANCELLATION OF SERVICECancellation of service requests must be communicated to Vodalink in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of residential High Speed Internet service, Television, residential Digital Home Phone or Long Distance services will be effective on the last day of the current billing period. The Customer must return any Vodalink owned equipment prior to Vodalink refunding any deposits or credits due to the customer.
    Early cancellations of plans with a specific term may result in a recalculation of monthly rates in exclusion of any previously applied prepayment discounts prior to the refunding of any deposits or credits due to the customer.
  13. DELETION OF MESSAGES AND DATAUpon termination of the Service, Vodalink is authorized to delete any files, programs, data, voicemail, email or any other types of messages associated with The Service without additional notice to The Customer.
  14. ACCEPTABLE USE POLICY (“AUP”)The Customer agrees to abide by the Vodalink Acceptable Use Policy which is available in the Legal section of www.vodalink.ca.
  15. UNAUTHORIZED ACCESSAny unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.
  16. VIOLATION OF THIS AGREEMENTUse of the Service in a manner which Vodalink, in its sole discretion, believes violates this Agreement, may result in Vodalink taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. Vodalink shall not have any liability for any such responsive actions.
    The above described actions are not exclusive remedies of Vodalink and Vodalink may take any other legal or technical action it deems appropriate.
    Vodalink reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from the Customer or Customers and the complaining party, if any. During such an investigation, Vodalink may suspend The Service(s) involved.
  17. NO WAIVERThe failure of Vodalink to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
  18. SEVERABILITYIf any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.
  19. PRIVACY POLICYA copy of our privacy policy is available upon request and can be viewed in the Legal section of Vodalink.ca.

TERMS & CONDITIONS FOR LOCAL PHONE LINE AND LONG DISTANCE SERVICES
(Herein referred to as “The Service”)

  1. THE SERVICE
    1. Service Description
      The Service may include local telephone line(s) and/or a variety of Long Distance plans, some of which may be offered at flat rates and some of which may have usage dependent pricing. The local phone line service requires a broadband Internet connection and a Customer supplied touch tone enabled telephone set, to be connected to a Vodalink supplied (rental, rent to own or purchase) Internet telephone adapter (ATA).
    2. Normal residential, non-commercial use of Service and Equipment
      The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use. To further clarify, the Customer agrees that they may not use the Service for any commercial activities including but not limited to telemarketing, autodialing, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage.
      UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF VODALINK AND PAYMENT OF APPLICABLE FEES.
    3. Customer responsibility:
      The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) collect-calls, fees from 411, 711, etc. and/or other fees according to the rate in effect at the time of usage. Collect calls are not permited. It is the Customer’s responsibility to inform Vodalink if the device has been stolen, tampered with or used by unauthorized persons or in any manner in violation of the AUP.
      The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.
      Vodalink may at its discretion limit the use of its services or may require the customer to obtain a higher grade of service if a disproportionately high number of calls are being made to Nunavut, Yukon or the Northwest Territories (area code 867).
    4. Prohibited activities
      Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use or permit the Service to be used for the following purposes:

      • Any use that prevents fair and proportionate use by others; in cases of excessive demand, Vodalink may limit the use of its services as necessary or may require the Customer to obtain a higher grade of service at a higher subscription cost.
      • Using the Service for illegal activities or harassing or threatening behavior.
      • Altering Caller ID information in a manner that would be deceptive or likely to create confusion or mistaken identity.
      • Misuse of calls to emergency services.
    5. Use of Service outside Canada
      If the Customer accesses or uses the Service or the equipment in countries other than Canada they do so at their own sole risk. This includes the risk that such activity violates local laws, import-export control laws, or regulations in that country. The Customer remains liable for, agrees to hold Vodalink harmless against any liability arising from, any such usage.
    6. Monitoring of activity
      Vodalink reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
      Vodalink may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
    7. Telephone Numbers
      The telephone numbers that Vodalink provides in conjunction with the Service to the Customer may be listed in telephone directories; however, in certain cases the Customer may need to specifically request listings when ordering or porting numbers, or after installation. The Customer does not own or have any property rights in any telephone number provided by Vodalink in conjunction with the Service. Although changes in phone numbers and service arrangements are not anticipated, Vodalink cannot warrant against them. Vodalink is not liable for any costs, damages or other amounts resulting from changes to telephone numbers.
    8. Calling Card
      The Customer is responsible for all charges incurred when making calls using Vodalink supplied Vodalink calling cards. In the event that a card is lost, stolen, or misplaced, the Customer must inform Vodalink to cancel the calling card. Until such notification is received, the Customer shall remain responsible for all charges.
      Residential vs Business.Any client found to be a residential client and communicating with more than 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more than 50 calls, it simply means that you cannot communicate with more than 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more than 250 completely different numbers is also prohibited. In addition, if a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to Vodalink due to such actions.
  2. EMERGENCY SERVICES 9-1-1 DIALINGthe 911 service provided by Vodalink differs in several important ways from traditional 911 or Enhanced 911 (E911) dialing available with most traditional telephone services – and has specific limitations relative to E911.
    1. E911 vs. Basic 911 Service
      When placing a call to emergency services with E911, the Customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced”.
      With Basic 911 the Customer’s telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller’s needs and emergency service address. The operator then transfers the caller to the appropriate emergency services agency. Vodalink provides a basic 911 service.
    2. Other users
      The Customer agrees to inform any users and potential users of the Service (household residents, guests and visitors) of the nature and limitations of the Vodalink-provided 911 service described below.
    3. Routing of 911 calls
      When a caller dials 911 using the Customer’s service, the call is routed from the Vodalink network to our emergency services operator. The operator will verbally confirm with the caller that they are either located at the emergency service address registered with Vodalink, or if not, their present emergency service address. The operator will then determine the appropriate emergency agency and transfer the caller accordingly.
    4. 911 dependency on AC power and broadband Internet
      911 dialing and Vodalink service do not function during an electrical power or broadband Internet outage.
      An AC power interruption or failure and/or interruption or failure of broadband Internet service may result in equipment needing attention by the Customer or Vodalink prior to the service being available for calls including emergency calls. When the service is unavailable the Customer will need to access a traditional phone or cellular phone to make an emergency call.
      Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using Vodalink equipment as compared to 911 dialing over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service agencies than in the case of traditional 911 calls. The Customer acknowledges and understands that Vodalink cannot be held liable for service delays beyond its reasonable control.
      WARNING: For added clarity, the Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or service-related equipment, including without limitation, improper modifications or tampering, the Service may not function and emergency calling may be unavailable.
    5. Use of 911 service when traveling
      Unlike traditional phone lines, this service is portable to any location with broadband Internet access. For example, the Customer traveling with his Internet Telephone Adapter or our smartphone Apps RingoMaxcan take his service with him and place and receive telephone calls over any available broadband Internet connection.
      Under such circumstances Vodalink 911 service remains available but only for emergency service addresses in Canada and the United States. The Customer shall not attempt to use the Vodalink 911 service while outside of Canada or the United States.
      If the Customer is traveling outside of Canada or the United States, the Customer must familiarize himself on how to contact emergency services in that country.
    6. Limitation of Liability and Indemnification
      As stated under Section 4) LIMITATION OF LIABILITY AND INDEMNIFICATION in the GENERAL TERMS & CONDITIONS:
      Vodalink will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. The Vodalink aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL VODALINK, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH VODALINK’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT VODALINK WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
      The Customer agrees to defend, indemnify, and hold harmless Vodalink, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or Vodalink in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Vodalink in connection therewith.

 

TERMS & CONDITIONS for INTERNET SERVICES
(Herein referred to as “The Service”)

  1. THE SERVICE
    1. Service Description
      Vodalink provides a variety of High Speed and Dial-up Internet Access services.
    2. Normal residential, non-commercial use of the Service and Equipment
      Vodalink residential Internet Service is designed for personal use. The Customer may not use the Service for commercial purposes. To ensure fair and proportional access to its network by all customers, The Customer may not run disproportionally high-bandwidth or high-load servers or applications in connection with the Service.
      In the event of disproportionately high usage of the Vodalink network resources by The Customer, Vodalink may levy usage surcharges of up to one hundred dollars ($100.00) per billing period. This is in addition to the provisions in section 16 of the General Terms and Conditions applicable to violations of these Service conditions.
      Where applicable, The Customer must comply with the current data storage and other limitations on the Service. Vodalink reserves the right to change the Service plan’s data transfer speeds or data transfer thresholds upon notice.
    3. UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF VODALINK AND PAYMENT OF APPLICABLE FEES.
    4. Customer responsibility
      The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his computer equipment and assumes all liability for such use of the Service. The Customer will be responsible for ensuring that all such other users understand and comply with these Terms and Conditions.
      The Customer remains responsible always for his computer equipment and must ensure that his computer equipment does not allow, and takes steps to prevent, unauthorized access. This includes but is not limited to, setting strong wireless passwords, limiting physical access to equipment to authorized persons, utilizing up-to-date anti-virus and firewall software.
      The Customer is responsible for any content posted, stored, transmitted, disseminated or accessed by the Customer through his use of the Service. Any questions or complaints the Customer may have regarding content should be addressed to the content provider. The Customer is solely responsible for information published on the Internet through use of the Service.
      In addition, the Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede the ability of Vodalink to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
      THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES. THE CUSTOMER SHOULD SEEK PROFESSIONAL ADVICE BEFORE RELYING ON USE OF THE SERVICE FOR MEDICAL OR SECURITY PURPOSES.
    5. Prohibited activities
      Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:

      • Publishing content which violates copyright or intellectual property rights of others. The customer assumes all risk regarding their published content;
      • Engaging in fraudulent activities such as, but not limited to, pyramid or illegal soliciting schemes;
      • Impersonating any person or entity, or forging anyone’s digital or manual signature, including forging of email headers – your exact address must remain visible and accessible to recipients;
      • Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
      • Attempting to circumvent or breach network or system or service security measures put in place by Vodalink or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
      • Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
      • Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
      • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam;
      • Indiscriminately sending unsolicited, unwanted, or inappropriate messages in mass quantity (spam, mail bombing – multiple copies of a single message to the same recipient, or any application or environment specific messaging);
      • Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual.
      • User machine, network or service, overloading a service, seizing and abuse of operator privileges and attempting to “crash” a host;
      • Transmitting any content or software that contains a virus, malware, trojan, exploit or other harmful code or feature.
    6. Internet traffic management policies (ITMP) For Ontario and Quebec Customers:Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by Vodalink High Speed Internet Services. While Vodalink is constantly investing in its network in order to ensure a high quality Internet service, significant increases in traffic demand may occasionally result in congestion on such shared networks.
      Vodalink has designed its Internet Quality Management system to minimize the impact for most users during congestion periods. The Vodalink Internet Quality Management system works by identifying types of Internet traffic that are more sensitive to congestion and delays and prioritizing such traffic when necessary. The system identifies traffic types alwaysin order to react immediately in case of network congestion. Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However, during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality internet experience for the most users possible.
      Internet traffic is identified and, if necessary, prioritized based on four groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second and third priority groups consists of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The fourth group includes applications that are traditionally less popular with our customer base.
      Normally all Internet traffic will be delivered at full speed. During congestion periods, Customers should see no change in the quality of their Internet experience when using time-sensitive Internet applications. Customers using less time-sensitive applications may notice a decrease in their download/upload speeds until the temporary network congestion has passed.
    7. Monitoring of activity
      Vodalink reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
      Vodalink may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
    8. Ownership of identifiers
      The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to IP addresses, E-mail addresses, login credentials or personal web page URLs.
      VODALINK MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.
      Vodalink is not responsible for the delivery of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily, at the sole discretion of Vodalink.
    9. End-user licenses
      The Customer agrees to comply with the applicable Terms and Conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.

 

 

 

 

TERMS & CONDITIONS FOR TV SERVICES
(Herein referred to as “The Service”)

  1. THE SERVICE
    1. Service Description
      The television service is provided by Vodalink and provides the transmission of television broadcast programming and on-demand streaming video over broadband High Speed Internet and provides this transmission to Customer supplied compatible HDMI, component video or composite video equipped TV or monitor. The Service requires the Customer to subscribe to a compatible Vodalink broadband High Speed Internet product and requires the purchase or rent-to-own of additional hardware components such as but not limited to Set Top Boxes, power-line adapters (PLCs), and Ethernet routers.
    2. Normal residential, non-commercial use of Service and Equipment
      The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use ONLY at the location identified in the Service order or contract. The Service may deliver television broadcast programming or on-demand streaming video that some viewers may find objectionable. Vodalink is in no way liable for any content delivered. The Customer assumes the full risk and responsibility of employing appropriate parental supervision and discretion in what programming is viewed. Any questions or concerns or complaints the Customer may have regarding such content should be addressed to the content provider.
      UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF VODALINK AND PAYMENT OF APPLICABLE FEES.
    3. Customer responsibility
      The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his equipment and assumes all liability for such use of the Service. The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether authorized by the Customer. This includes (without being limited to) pay-per-view, video on demand and/or other fees according to the rate in effect at the time of usage. Pay-per-View and video on demand charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform Vodalink if the device has been stolen, tampered with or used by unauthorized persons or if the device has been altered in any manner in violation of these Terms and Conditions.
      The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.
      In addition, the Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede the ability of Vodalink to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
      THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES.
    4. Prohibited activities
      Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:

      • Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
      • Attempting to circumvent or breach network or system or service security measures put in place by Vodalink or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
      • Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
      • Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
      • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms and Conditions, which includes the facilitation of the means to spam;
      • Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual
    5. Monitoring of activity
      Vodalink reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
      Vodalink may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part because of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
    6. Ownership of identifiers
      The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to TV Service Account Numbers, Server IP addresses, or login credentials.
      VODALINK MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.
    7. End-user licenses
      The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
    8. Price Volatility and Regulation
      Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) or changes in legislation may have a direct impact on content and transmission costs of TV services. As such, the price for TV services may have a certain volatility. While Vodalink will take reasonable steps to ensure price stability, certain price increases may be passed on to the Customer and are beyond Vodalink control.
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