The following terms and conditions of service (the “Terms”) between CIK Telecom Inc. ("we," "us" or "CIK") and the user ("you," "user" or "Customer") of CIK's High Speed Internet, home phone, cell phone, home security and IP TV services and any related products or services ("Service"). This agreement governs your use of the Services as residential purpose only. If there is any inconsistency between these terms and other documents describing the CIK plans, features, services or products, these Terms will prevail.
CIK TELECOM INC.
GENERAL TERMS and AGREEMENT OF SERVICE
The following terms and conditions of service (the “Terms”) between CIK Telecom Inc. ("we," "us" or "CIK") and the user ("you," "user" or "Customer") of CIK's High Speed Internet, home phone, cell phone, home security and IP TV services and any related products or services ("Service"). This agreement governs your use of the Services residential purposes only. If there is any inconsistency between these terms and other documents describing the CIK plans, features, services or products, these Terms will prevail.
The Services are categorized as follows, which are covered by this agreement:
1.1 VoIP (Voice over IP) Home phone services
1.1.1 Non-Availability of Traditional 911 or VoIP 9-1-1 Dialing Service
CIK offers on its VoIP phone service a form of 911 Dialing service (911 Dialing) that is similar to traditional 911 (911) service but has some important differences and limitations when compared with enhanced 911 Dialing service (VoIP 9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 911 and VoIP 9-1-1 Dialing service, your call is sent directly to the nearest emergency response centre. In addition, with traditional 911 dialing service, your callback number and address are visible to the emergency response centre operator. With VoIP Phone’s 911 Dialing service, your call is sent to a national emergency call centre. The emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. The call centre operator will confirm your location and then transfer your 911 call to the emergency response centre nearest to your location. You hereby authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers. CIK agrees to inform any user and potential users of the service the nature and limitations of the provided 911 service.
1.1.2 Registration of Physical Location Required
For each phone line that you utilize with the Service, you must register the physical address of where you will be using the Service with CIK. Your initial address will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Service to another address, you must update your location. If you do not update your location, any 911 calls you make may be sent to an emergency centre near your old address. You may update a location by logging on to your online account or contact our 24/7 support centers. For purposes of 911 Dialing, you may only register one location at a time for each phone line. Regardless of what address you register for a portable device (such as Wi-Fi, CIK V-Phone or Soft Phone), emergency calls you make from these devices will be routed to the CIK national emergency response centre.
1.1.3 Home Phone Service Outages
126.96.36.199 Service Outages Due to Power Failure or Disruption
911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to restart the Device before you use the Service, including 911 Dialing.
188.8.131.52 Service Outages
Service Outage Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service or Broadband Provider Blocking of Ports or Other Acts. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. You acknowledge that CIK is not responsible for the Internet Outage or Suspension or Disconnection of Broadband Service, and any loss of Service, including 911 Dialing. You will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
184.108.40.206 Service Outage Due to Disconnection of Your CIK Account
Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
220.127.116.11 Other Service Outages
If there is a Service outage for any reason, it will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described in this Agreement.
1.1.4 Network Congestion
Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.1.5 Disclaimer of Liability and Indemnification
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event, in which third party data used to route calls is incorrect or yields an erroneous result. Neither CIK nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless CIK, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection to the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.1.6 Alternate 911 Arrangements
If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or VoIP 9-1-1 services or disconnect the Service.
1.1.7 Unlimited calling. CIK may provide unlimited calling plan from time to time, however, unlimited calling plans have a maximum cap to prevent malicious use of CIK service. When abnormal or malicious usage is detected, CIK may suspend the service without notice.
1.2 High speed internet Service
CIK high speed internet includes but is not limited to: local loops rented from third parties such as DSL (Digital Subscriber Loop), FTTN (Fiber to the Node), FTTP (Fiber to the Premises), Cable, and CIK’s own fiber network, which is FTTB (Fiber to the Building), FTTC (Fiber to the City) and FWA (Fixed Wireless Access) internet.
1.2.2 New Installation
Because of the complexity of CIK’s network, the last mile of the local loop may be rented from underlying carriers and a 3rd party contractor may be required to perform any installation on-site. The installation timeframe confirmed during ordering procedure is only tentative and may subject to change without notice. Also, the 3 rd party contractor may not enter the premise and is not responsible for connecting equipment per tariffed agreement with the underlying provider. CIK cannot guarantee the installation is fault free and always on time, but CIK is responsible for taking care of any issues, which may occur during the installation procedure.
1.2.3 Best Effort
CIK residential internet service is delivered to the end user at best effort and up to maximum speeds allowed.
1.2.4 Maximum Internet speed
When a customer is ordering CIK internet service, the service fee is linked to a maximum speed allowed. Once customer’s aggregated speed from home is approaching the maximum speed, the data packets may be dropped or buffered. Therefore, we recommend the customer to select the highest speed tier affordable based on the daily usage in peak hours at night.
Per industry standard for residential internet in Canada, the maximum speed refers to the maximum speed customer’s internet can reach via a wired connection. We cannot guarantee the maximum speed for residential internet as it is described as “Best Effort” and “Up to” in non-peak hours. We cannot guarantee desired speed over a Wi-Fi network and we cannot guarantee that the maximum speed is available any time of day, especially during peak hours.
CIK is always trying to provide the highest speed as possible by continuously upgrading CIK’s network and equipment. However, we cannot guarantee the maximum internet speed as it is related to many factors such as distance from CO to customer’s site, customer’s home network condition, network equipment such as Wi-Fi router, time of the day, physical condition of the line, etc.
To measure the speed properly, it is recommended to connect one computer to the modem directly using a wired cable. Stop all downloads, P2P software, windows updates, videos, etc. Go on www.speedtest.net and select a test server from a major provider in your province, eg: Toronto Rogers server for Ontario customers and Quebec DSL customers, Montreal Videotron server for Quebec Cable customers, Vancouver Shaw Server for British Columbia, Alberta, Manitoba and Saskatchewan customers.
1.2.5 Unlimited downloading
CIK may provide unlimited internet usage for upload/download with or without conditions, which is based on residential customer’s normal usage. If abnormal usages or malicious activities are detected which endangers CIK’s network, CIK may suspend customer’s service or limit the speed without notice in advance. CIK’s unlimited internet downloading policy is also affected by CRTC rules and decisions, government laws, and provider’s policy, which, if subject to change, will be passed on to customers by CIK via email at least 30 days in advance. Although CIK customers have access to unlimited downloading, the customer’s maximum usage/downloads depends on the maximum speed customer has ordered.
1.2.6 Copyright and legal issues
Following the Canadian regulations under notice and notice regime, CIK is required to forward the copyright infringement emails received to the end user identified by IP address and specified period. At the same time, CIK will notify the sender by confirming the email has been forwarded without passing end user information. By forwarding the email, this doesn’t mean CIK has verified the information in the email from the sender to be accurate or not. The end user needs to determine what to do with the notice based on one’s own knowledge. CIK will not pass the end user information to any third party unless CIK receives a court order.
For more information about notices and notice regime, please visit http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html .
If other activities abusing CIK’s residential Internet service are detected or reported, CIK may suspend the service with or without further notice.
1.2.7 Internet Traffic Management policy
The purpose of CIK’s traffic management policy is to improve customers’ experience and is usually applied in two scenarios in peak hours only:
a) Network congestion due to emergency circumstances such as network failure, fiber cut, extreme weather or special events; or
b) Customers’ activities that may restrict or affect other customers’ use of the service or CIK’s ability to deliver the service
• CIK deploys this traffic management measure so that all CIK Internet customers receive fair access to the Internet, during periods of significant network congestion resulting from emergency or extreme circumstances, or a customer’s disproportionate use of the network. Thin turn will help to ensure that all our customers can enjoy a consistent and reliable online experience and preserves the integrity of our network.
• This objective is especially important in times of a public emergency that results in greater demands on our network. During such periods, keeping our customers connected to their families, friends and co- workers – and to critical information and services – is essential.
CIK Internet Traffic Management Policy is based on the CRTC transparency rule. Currently, we are not implementing any ITMP in our west coast network including British Columbia, Alberta, Manitoba and Saskatchewan, and in our own FTTB and FTTC network. In the east coast (Ontario and Quebec), we are slowing down non-real time file transfer protocols including, but not limited to, using Bit Torrent protocols in peak hours from 6:30pm to 10:30pm EST (tentative time only – actual times may vary based on the network status without notice). All other real-time applications like online Video, IPTV, gaming, music streaming, web browsing etc. are NOT affected.
If there is any general change for CIK ITMP practice, a 30 days notice in advance will be given by email.
CIK reserves the rights of implementing ITMP to restrict the customer’s speeds without notice in advance only when there is serious network congestion caused by outage, extreme weather, etc.
The personal information CIK collects for the purpose of managing Internet traffic is not used for any other purpose and is not disclosed. For current CIK ITMP practice, please check our FAQ online available on www.ciktel.com.
1.2.8 Right of way on customer’s own property
By signing up and using CIK high speed internet, Customer has granted CIK’s right of way to access, install, maintain and upgrade CIK fiber facilities including, but not limited to, laying down underground conduit and wires toward customer’s property demarcation point and installing inside wiring in order to provide CIK’s fiber internet where CIK should obtain applicable permits and licenses in advance. In such cases, if construction is required such as digging ground to lay down cable or conduit, CIK is responsible for the related cost to construct and restore the ground.
1.3 IP TV service
1.3.1 Local IP TV
CIK local IP TV service refers to the TV signal transmission to the Set-Top Box (STB) located at the end user site via IP based on customer’s monthly subscription under CIK BDU (Broadcasting Distribution Unit) license. As a highly regulated service, CIK’s local IP TV service is only restricted within CIK’s network equipped with a CIK IP address.
CIK’s local TV service is not available outside of CIK’s Network;
A maximum of 3 STBs are allowed per household;
All other local TV channels must be provided on top of one of the basic packages: Skinny Basic, Not So Skinny Basic and Premium Basic with one of the options: Standalone, Theme Packs, and Pick-and-Choose.
1.3.2 Over The Air (OTA) TV Service
OTA channels are provided to all CIK Customers free of charge. CIK doesn’t guarantee the availability, stability and quality for any OTA channel. CIK may add or remove any OTA channels without any notice in advance.
1.3.3 Overseas IP TV
CIK overseas IP TV channels are provided by CIK’s overseas partners either by a standalone APP or channel streams. CIK is providing the overseas IP TV service based on best effort only, i.e. CIK cannot guarantee the service quality and availability for the Overseas IP TV content. Service may be interrupted at any time without notice.
1.4 Home Security Service
1.4.1 Monitoring Service
The customer has appointed CIK Telecom (“CIK”) to provide 24/7 Home Security monitoring Service. The customer therefore agrees that its alarm system will be monitored by a third party, ULC (Underwriter's Laboratories of Canada) approved Monitoring station (The station) with which CIK has contracted.
CIK monitoring service doesn’t include any security dispatch as such but is not limited to using police, fire, ambulance, security guard service, etc. It is customer’s own decision to use those services, and if they agree to pay for any expense occurred in using those services. CIK Monitoring service fee doesn’t include any such charges, and CIK will pass these chargers on to the customer if they might occur by using a third-party.
Signal receiving and notification service shall be provided 24 hours a day, 365 days a year by the station. Under such service, in the event an alarm registers at the station, the station should forthwith notify the local police or private emergency response agency, fire department and/or other party specified by the customer on the profile in advance or upon the instruction by the contact in such event. In either case, customer agrees to pay all of the expenses that might possibly occur.
If customer selects SMS notification, only 1 cell phone number will be allowed to receive the notices.
1.4.3 Liability limitation
It is understood and agreed that CIK and the station should not be liable for any loss, damage, personal injury or death incurred by the customer arising out of the failure of any Police Department or other emergency service to respond to an alarm reported to it by the station. Under no circumstances shall CIK and the station be liable for any indirect, special, incidental or consequential damages, including but not limited to, loss of profits, as a result of or caused directly or indirectly by, any act or omission or negligence or intentional act of, CIK, its officers, directors, employees, contractors or those for whom CIK is responsible, or the station, or the police department or other emergency service.
1.4.4 Communication faults
CIK and the station is not responsible for communication faults between the subscriber’s premises and the station as a result of communication trouble (e.g. caused by the telephone company or cellular phone company) or for any other faults or failures to detect or verify any alarm signal received arising due to any cause beyond the station’s control including but not limited to, adverse weather conditions (such as lightning, snow, rain, wind, floods), riots, fires, criminal or terrorist acts, strikes, walkouts, and all acts of God. CIK and the stations will not be required to supply service to the customer while interruption of service due to any such causes shall continue.
1.4.5 Destruction/damage of Station
The provision of monitoring services under this agreement by the station may be terminated at the option of the station at any time in the event that the station is destroyed or so substantially damaged by fire or other catastrophes that it is impracticable to continue service, or in the event that the station is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of conductions between the customer’s premises and the stations or between the station and the municipal fire or police department. CIK and the station shall not be liable for any damages or subject to any penalty as a result of such termination.
1.4.6 Fines and fees from third party
The station and CIK are not responsible for fines or penalties or fees or Charges or levies as a result of false alarms. The customer agrees to reimburse CIK and the station for any fines, penalties, fees, charges, levies, etc. that CIK and/or the station pays on behalf of the customer.
In addition to the charges included herein, the customer agrees to pay any taxes, fees, levies or charges relating to the services provided under this agreement, which are authorized or imposed by any government body or agency.
1.4.8 Testing of System by Customer
When a digital communication is employed for transmission of alarm signal to the station, it is understood and agreed that there is no practical method of verifying the transmission capability of the communicator. CIK and Station strongly recommend that customer test its system (at least once per month) to help maintain continued operability.
1.4.9 Customer Warrant:
Customer warrants that he, she or it has requested the equipment/services specified in this agreement for his/her/its own use and not for the benefit of any third party. Customer further warrants that it owns the premises in which the equipment is installed or has the authority and permission of the owner thereof to engage CIK and the station to install the alarm equipment in the premises and monitor it.
Any failure by the customer to pay, when due, the payments or other charges provided by this agreement shall give CIK the right, in addition to, without waiving any other remedies, to avail itself of any legal remedy, including but not limited to, the right to repossess the equipment with or without notice and without obligation to redecorate or repair the premises or any other liability; the right to charge the interest at eighteen percent(18%) per year on the outstanding amount; and accelerate one hundred percent (100%) of the entire amount thereafter payable under this agreement to the end of the then current initial or renewal term, as the case may be. The parties agree that this accelerated amount is a genuine pre-estimate of damages, not a penalty. It is understood and agreed that upon termination of this agreement, the station shall have the right, upon giving the customer 24 hours notice, to terminate all alarm signals being transmitted from the customer’s premises to the station.
1.4.11 Title to Equipment
Title to all equipment, installed in the customer’s premises by CIK, remains with CIK. CIK reserves the right to remove, disable, and/or abandon in whole or in part, the equipment, upon termination of the service provided by the station, without obligation to repair or redecorate any portion of the customers premises upon any such removal and that the remove, disablement and/or abandonment of such equipment shall not be held to constitute a waiver of the right of CIK to collect any charges which have been accrued or may be accrued hereunder.
1.4.12 Service charges and fee
In the event that CIK ’s representative is sent to the customer’s premises in response to service call or alarm signal caused by the customer improperly following operating instructions, or failing to disclose or properly securing a window, door or other protected point, or tampering with CIK ’s equipment, etc., then there shall be a service charge to the customer. Customer agrees to pay all communication charge and connection fees associated with the circuit used to transmit alarm signals to the Station.
1.5 Mobile service
1.5.1. CIK Mobile service is provided via a physical SIM card which needs to be inserted into a Mobile device to use this service. It includes but is not limited to Voice, data and SMS by the third party directly or indirectly and subject to underlying provider’s terms and agreement. CIK Mobile service doesn’t contain a Mobile phone in general and customer has to use own device with the SIM Card provided by CIK in order to use our service.
In Canada, Mobile service has two models: Prepaid Model and Postpaid model.
CIK Mobile service is based on a Prepaid Model ONLY with flat Monthly fee and not subjected to CIK standard 30 days warranty. No refund is provided for the remaining days once it is activated if cancelled in the middle of the billing cycle. No international roaming, no international long distance calling (including Calling to the U.S.A) and no data over usage allowed.
1.5.2 Cell phone handset Mobile Service activation and bill cycle
When CIK Mobile service is activated, one random number will be assigned and a notice will be sent to the customer by Email and SMS. If customer needs to transfer own number in or select another new number, customer can request within 30 days from activation free of charge, if after 30 days, 25$ charge will be applied.
18.104.22.168 Mobile and Internet Bundle Service
If customer orders CIK internet and Mobile bundle, the Mobile service activation date is exactly the same as the internet service. Internet service will be activated between 0:00 to 21:00, and Mobile will be activated between 21:00 to 24:00. If Customer internet service is delayed then the Mobile service will be delayed as well. Customer billing date is the internet and Mobile service activation date and customer will be billed for 1 month of internet and Mobile.
22.214.171.124 Add-on Service
If CIK existing internet customer wants to add CIK Mobile service, if the Mobile service activation date is not the same day as the account billing date then the Mobile service charge will be appearing on the next invoice including 2 months of Mobile service charge.
126.96.36.199 Standalone Service
Customer may just order Mobile service from CIK and the first invoice will be generated on the service activation date which includes one month of service charge. If customer was using CIK Internet and Mobile service bundle before and cancelled the internet service then the Mobile service billing cycle remains the same as the Mobile service activation date as before.
To use CIK cell phone service, CIK may provide a generic cell phone handset available in the market or special cell phone designed for CIK services only. All cell phones sold by CIK can be returned only within 7 days from the purchase date with applicable restocking fee and comes with 1 year limited manufacturer warranty (physical damage or water damage is not covered). All cell phones sold by CIK are unlocked and may be used with third party SIM card but may not have all of the same functions as CIK.
We don’t recommend customer to install additional SIM cards into the cell phone other than provided by CIK. If you insert a SIM card from another provider into your cell phone, please select data, voice and SMS provider carefully to avoid higher charges caused by using a wrong provider. CIK has no liability in compensating any such claims due to the use of the wrong providers for local and roaming data, voice and SMS.
1.5.3 Local Data Usage Cap and notifications
Under Prepaid Model, once customer reaches the data cap for the plan, Mobile data service will no longer be available for data usage but local calls and SMS will still be functional. No notifications will be sent for data usage and customer can use the data manager application in the Mobile to monitor the data usage. In addition, the data usage recorded in the Mobile may not be as accurate as the usage calculated by the underlying Mobile Company.
1.5.4 Oversea Data usage
Overseas Roaming is blocked under Prepaid Model.
1.5.5 Unlimited SMS and Voice plan
CIK Mobile plans may come with an unlimited voice and/or SMS plan. Unlimited Voice and SMS is subjected to residential normal fair usage policy, and cannot be used for any commercial purposes. CIK has the right to suspend or disconnect the service without notice when abuse is detected or reported.
Please refer to the plan description for more details. Data usage by SMS and Voice is also counted in overall data usage in a month and therefore affects local or roaming data usage if using mobile connection. 1 hour voice call = approx. 7.2MB, 500,000 SMS = 1MB. However, in Wi-Fi calling mode, voice and SMS will not consume any mobile data.
1.5.6 Mobile 911 Service
CIK Mobile customer can dial 911 from the CIK Mobile as an emergency service via underlying wireless provider from anywhere in Canada as long as wireless signal is available.
188.8.131.52 Mobile 911 service limitation and liability
CIK cannot guarantee 911 is always available on the Mobile device due to wireless signal coverage and CIK can not provide exact position of the end user’s current location and CIK is not responsible for any claim or damage caused by any delay or unavailability of 911 service.
184.108.40.206 911 charge
All CIK customers will be charged $1 per month to cover applicable provincial 911 tax, administration fee as well as operation cost.
1.5.7 No refund policy
CIK Mobile service is running on a prepaid model. Therefore, no refund is provided for unused service fees if a cancellation is requested before the next billing cycle.
1.5.8 Report lost Mobile Device and SIM Card replacement
When Customer’s Mobile Device is lost, customer should report to CIK by phone, email or online chat immediately so that CIK can suspend the account right away. Customer is responsible for any cost of data/voice/SMS usage before CIK is notified for the loss. Customer needs to pay for the SIM replacement cost including shipping charges.
1.5.9 Number porting in & out
When customer is activating the service, a random new number will be provided and customer can select to port in own phone number or switch to another new number free of charge within 30 days from activation. If customer wants to change to another number or port in another number after 30 days, $25 service fee will be applied.
If customer wants to port out a Mobile number assigned by CIK within 3 months from activation date, $50 porting out service charge will be applied. If customer is porting out a number previously ported-in by the customer or porting out a number assigned by CIK over 3 months, no service charge will be applied.
1.5.10 Service charge related to Mobile service
· Porting number into our network after 30 days from activation – $25
· Changing number after 30 days from activation – $25
· Porting out number assigned by CIK within 3 months from activation – $50
· Request new SIM Card for replacement (shipping included) – $25
· Service Suspending monthly charge up to 6 months – 5$/month
· Suspending and reactivationfee due to non-payment– $30
1.5.11 Mobile handset
To use CIK Mobile service, CIK may provide a generic Mobile handset available in the market or special Mobile devices designed for CIK services only. All Mobile devices sold by CIK can be returned only within 7 days from the purchase date with applicable restocking fee and comes with 1 year limited manufacturer warranty (physical damage or water damage is not covered). All cell phones sold by CIK are unlocked and may be used with third party SIM card but may not have all of the same functions as CIK.
We don’t recommend customer to install additional SIM cards into the cell phone other than provided by CIK. If you insert a SIM card from another provider into your cell phone, please select data, voice and SMS provider carefully to avoid higher charges caused by using a wrong provider. CIK has no liability in compensating any such claims due to the use of the wrong providers for local and roaming data, voice and SMS.
1.6 Wi-Fi Calling service
1.6.1. CIK Wi-Fi Calling Service refers to an APP which can be installed in customer’s Android or iOS cell phone so that customer can send & receive voice calls and SMS whenever an internet connection is available, usually either via Wi-Fi or customer’s cell phone data connection.
1.6.2 Data consumption
When CIK Wi-Fi calling is used via customer’s cell phone data connection, the voice and SMS sent/received are counted as part of the data consumption and may be billed based on customer’s cell phone plan. 1 hour voice calling = approx. 7.2MB, 500,000 SMS = 1MB
1.6.3 Unlimited SMS and Voice plan
CIK Wi-Fi calling plans may come with unlimited voice and/or SMS plan. Unlimited Voice and SMS is subjected to residential normal fair usage policy, and cannot be used for any commercial purposes. CIK has the right to suspend or disconnect the service without notice when abuse is detected or reported.
Please refer to the plan description for more details. Data usage by SMS and Voice is also counted in overall data usage in a month and therefore affects local or roaming data usage if using mobile connection. However, in Wi-Fi calling mode, voice and SMS will not consume any mobile data.
1.6.4 Wi-Fi calling 911 Service
CIK cell phone customer can dial 911 from the CIK cell phone as emergency service via underlying wireless provider from anywhere in Canada as long as wireless signal is available.
1.6.5 Cell phone 911 service limitation and liability
CIK cannot guarantee that 911 is always available on the cell phone due to wireless signal coverage and CIK can not provide exact position of the end user’s current location and CIK is not responsible for any claim or damage caused by any delay or availability of 911 service.
1.6.6 911 charge
All CIK customers will be charged $1 per month to cover applicable provincial 911 taxes, administration fee as well as operation cost.
2.0 SERVICE AGREEMENT
2.1 Service Term
Service is paid for on a recurring basis for a term that begins on the date that CIK activates the service and ends on the last day of the billing term (“Service Term”). After the expiration of the term, the service billing is automatically changed on a month to month basis unless replaced by another term upon customer’s request.
2.2 Residential Use of Service and Device
If you subscribe to CIK’s residential services, the service and the device are provided to you solely for residential use. You shall not resell or transfer the service or the device to another party without our prior written consent. You are prohibited from using the service or the device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your service if we determine, in our sole and absolute discretion, that your use of the service or the device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
When the service is activated, the subscriber is responsible for providing us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. Subscriber is responsible for paying all charges, including long distance charges plus all applicable taxes thereon, for the services subscribed from CIK , the calls made via subscriber's telephones or telecommunications systems or the calls made using any number or authorization access code assigned to subscriber; you also agree to make all your payments by pre-authorized credit card payment with the card number you gave CIK during the activation process unless you have given written notice to stop the pre-authorized credit card payment.
CIK will provide customer with a monthly online invoice for services and send the bill/invoice to customers by email within 5 days from the invoice generated date. For new registered customers, the 1st bill will include previous month’s monthly fee and variable charges such as long distance charge, internet usage and pay per view etc., calculated by days from the day the customer subscribes plus current month’s monthly charge. For old customers, it includes previous month variable charges plus current month’s monthly charge.
2.3.2 Unlimited Calling
CIK Home Phone Service provides unlimited local calling to major cities in Canada including Toronto, Montreal, Ottawa, Vancouver and Calgary except some areas such as 1-867 or special numbers such as area code +555-XXXX or some special service numbers such as 1-900 numbers.
2.3.3 Paper bill processing fee
All CIK customers are provided online access to view invoices free of charge by default; therefore we do not provide paper bills to customers. We encourage customers to view the bill from our website to save the environment. Effective from 1/1/2015, we do not charge any customers who are receiving paper bills.
2.3.4 Late Payment and Non-Payment
If any charges for services are due but unpaid for any reason including, without limitation, non-payment or declined credit card charges, CIK may suspend or terminate the services, and all accrued charges shall be due immediately and payable, to include a late fee of the lesser of 1.5% or the maximum amount allowed by law. Neither suspension nor termination shall relieve customer from the obligation to pay all amounts owing under this Agreement.
2.3.5 911 Fees
As a mandatory to provide VoIP 911 service per CRTC, effective from Feb 1 st, 2019, CIK charges a service fee of $1 per month per outgoing line to cover the cost of providing this emergency service as well applicable 911 provincial tax.
2.3.6 Billing Disputes
Customer must dispute any charges for the services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Prices, fees and rates for service do not include customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes, which are applicable, shall be paid by the customer and will be added to any amounts otherwise owing by customer under the Agreement.
2.3.8 Number porting out fee
If a customer obtains a phone number from CIK and requests to port it out within 90 days from number activation date, a service charge of $50 will be applied. If a customer has been using the CIK number for more than 3 months, then there shall be no port-out service charge. For customer’s own number ported-in, if you need to port it out, there will be no service charge.
2.3.9 Activation, processing fee, shipping and handling fee
This would cover the cost of service activation, processing, shipping and handling costs etc. and it is non-refundable once order is processed.
2.3.10 Equipment charge
To use the CIK services, all CIK customers would need hardware equipment at customer’s site (Referred to as CPE) and CO side. CIK might sell or rent the CPE to the customers. All equipment sold by CIK are non-returnable if over 30 days from shipping date. If returned within 30 days, the charge minus restocking fee will be refunded. All equipment sold by CIK will have life time warranty as long as the customer is using CIK services. The life time warranty is non-transferable. CIK will guarantee all hardware units to be in proper working condition and will replace all units free of charge if damaged due to non man-made reason. Customers must return faulty units to CIK and upon further inspection if requested, if CIK deems the fault to be caused by the customer, CIK will charge the customer for the costs of replacing the units including hardware cost and shipping/handling fees.
2.3.11 Configuration charge
If a customer uses own equipment, there might be a charge for configuring the device.
2.3.12 Installation charge
CIK usually charges a processing fee which covers the standard installation/setup required for starting to use CIK’s service, therefore no extra installation charge would be required. However, if customer requests non-standard installation or setup, an installation charge will be applied based on the distance, hours and material needed.
For some products and service plans, CIK might charge 1-month deposit which will be applied to customer last invoice upon cancellation. No interests will be applied to the deposit.
2.3.14 On-Site Service Fees
CIK Tech Support Department has its troubleshooting procedure to help customers investigate and solve customer issues more efficiently. However if a customer, due to personal reasons, requests CIK on-site tech to visit, which is not within CIK’s free services category, an on-site service fee will be charged based on the distance, hours and materials required. CIK has the sole decision to decide whether the visit is free or not. The following visits will be charged: 1) Request to replace defective modem 2) Request to connect customer equipment 3) Request to configure customer own router/computers 4) For issues customer reported but is identified due to customer own reason or not able to duplicate the issue.
2.3.15 DMC charge
DMC charge refers to Diagnostic Maintenance Charges which major ILEC and cable companies got approved in CRTC tariff. Once we open troubleshooting tickets to our last mile providers such as Bell/Rogers/Telus/Cogeco/Videotron/Shaw etc. and if the issue is not found or it is identified due to customer’s own issue, a DMC charge will be billed to CIK. We will investigate the DMC and will pass the charge to the customer if it is proven to be customer’s own issue.
2.3.16 NSF charge and credit card charge back
For failed PAP bank transaction, returned cheque or credit card charge back, a finance charge will apply.
2.3.17 Rate and price change
Decisions or orders issued by the Canadian Radio and Television Commission (the "CRTC") and other regulatory bodies with jurisdiction over CIK or CIK services, may have a direct impact on limitation of service and costs of CIK services. As such, the cited prices and services CIK offers on the initial terms will be adjusted to reflect the change. CIK will try its best to inform customer in advance should there be a need for such change. CIK is not liable for any changes should it interrupt or make CIK fail to provide the service to customer as stated in the initial terms. For any such change, customers will be given at least 30 days notice in advance.
2.3.18 Billing error
CIK reserves the right to correct any error in billing for period of time up to 12 months and apply the appropriate charges retroactively.
General refund upon customer cancellation would be completed within 4-6 weeks from the date we receive returned customer equipment or the date of requesting service cancellation if no equipment return is required. If the customer payment is made using a credit card, then by default the refund would be transferred back to the same credit card. For other payment methods, it will be by cheque and sent by regular mail.
2.3.20 CIK Home Security monitoring service third party Charge
CIK monitoring service does not include any security dispatch as such but is not limited to using police, fire, ambulance and security guard service etc. it is customer’s own decision to use those services or not and agree to pay for all expenses occurred in using those services. CIK Monitoring service fee doesn’t include such charges, and CIK will pass the service charges from any third parties to customer if it occurs.
2.4 Credit and Security Deposits
CIK reserves the right to examine subscriber's credit record before activating the services. Should CIK at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the services to subscriber. CIK will determine, at its discretion, how subscriber's deposit or other security will be allocated to satisfy outstanding amounts owed by subscriber to CIK. By subscribing to the Services, subscriber authorizes CIK to investigate subscriber's credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as CIK may reasonably request for this purpose. All deposits or other prepayments made by a subscriber in connection with the Services will earn no interest.
For some product and service plans, CIK might charge a deposit, which will be refunded upon cancellation or released to customer account after a period specified on customer's initial order. No interests will be applied to the deposit.
2.4.2 Credit check
CIK may obtain customer authorization to conduct a credit check when customer is ordering services from CIK. Based on the credit history, CIK has sole decision to determine if any security deposit is required for monthly service and/or hardware. CIK will not disclose the result of credit check to any third party or use it for any other purpose.
2.4.3 Service Deposit
CIK may ask for a service security deposit if CIK is not satisfied with customer's credit history. The Service security deposit will be kept for a minimum of 2 years without interests and it will be returned to customer either: 1) upon service cancellation, where it will be released to customer's account and applied to any unpaid invoice charges 2) Upon customer request after two years, if customer has good payment history with CIK.
2.4.4 Hardware deposit
CIK may ask for a hardware security deposit for some specific hardware and the deposit will be held without interest. The hardware deposit will be kept for a minimum of 2 years without interest and it will be returned to customer either: 1) upon service cancellation, where it will be released to customer's account and applied to any unpaid invoice charges 2) Upon customer request after two years, if customer has good payment history with CIK.
Contracts with a monthly Rate/Fee Guarantee. CIK services are sold on the following basis and may be applied to early cancellation fees.
Contract: The term of a contract shall also serve as a monthly rate guarantee to the Subscriber whereby the monthly service fee cannot be increased by CIK for the entire contract period. During the term of the contract, the customer should not make any changes to the service including service address, speed changes, adding/removing service or terminating service etc., otherwise early cancellation fee up to the total amount of the remaining months might be charged.
2.5.2 No Contract
Subscriber may cancel service without early cancellation fees. CIK may increase rates at any time by providing Subscriber with 30 days’ notification.
2.6 Services Interruption
2.6.1 Service Interruption for maintenance
CIK may interrupt the Services to the Subscriber 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 reasons as may be required. CIK telecommunications service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that CIK VoIP service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and the likes (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.
2.6.2. CIK is not liable for
220.127.116.11 Third Party Omission
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 Services);
18.104.22.168 Subscriber Conduct
Subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's equipment or facilities;
22.214.171.124 Event out of CIK control
Any event beyond the reasonable control of CIK 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; and
126.96.36.199 Charges by third party
Any charges by third parties including other telephone companies or wireless carriers for services. Subscriber agrees to indemnify and hold harmless CIK against all claims, including fees and expenses of counsel, resulting from Subscriber's use (or the use by others with Subscriber's explicit or implicit consent) of the Services, Subscriber's codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
188.8.131.52 Maximum Liability
In general, CIK maximum liability is only limited to the monthly service fee we charge during the period where service was interrupted or was unable to be provided due to reasons not covered in this agreement.
2.7 Disconnection of Services
Disconnection and Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. CIK will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
2.8 Suspension or Termination of Services by CIK
2.8.1 Service Suspension
Without incurring any liability whatsoever, CIK may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:
184.108.40.206 Failure to pay account charges
Fails to pay an account that is past due, or provides payment by credit card which is not honored by Subscriber's bank;
220.127.116.11 Failure to maintain deposit
Fails to provide or maintain a reasonable deposit or alternate security when requested to do so by CIK;
18.104.22.168 Failure to meet CIK credit requirements
Fails to meet CIK’s credit requirement or Subscriber becomes bankrupt or otherwise insolvent;
22.214.171.124 Failure to comply with terms
Fails to comply with the terms of a deferred payment or credit agreement with CIK;
126.96.36.199 Use of services contrary to law
Uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassive, threatening, abusive, annoying or offensive calls;
188.8.131.52 Charge others for use of CIK services
Charges or allow others to charge any other person for the use of the Services without CIK’s prior written agreement;
Harasses, threatens or otherwise acts unreasonably towards CIK, its employees or agents, or in relation to the Services;
184.108.40.206 Interference with CIK facilities
Alters or otherwise interferes with CIK’s facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or CIK’s equipment, facilities or network; or
220.127.116.11 Resale of CIK services
Uses or permits others to use the Services for reselling purposes
18.104.22.168. Abuses the network with excessive usage as may be determined by CIK. Excessive usage shall be determined solely by CIK.
22.214.171.124 Use of CIK services for commercial purposes
Uses or permits others to use the service for commercial or business use.
2.8.2 Reconnection Fee
A suspension or termination will not affect a Subscriber's obligation to pay any amounts owed to CIK either during or after the suspension or termination. If termination occurs during a term period, Subscriber will be charged for all usage plus the term obligations. Should reactivation of services be required, CIK will charge a reasonable reconnection fee.
2.8.3 Credit Refund
Where the Services are cancelled, either by Subscriber or by CIK as provided herein, and there is an undisputed credit balance on Subscriber's account, Subscriber may require that it be refunded to Subscriber and CIK reserves the right to charge a reasonable processing fee in connection with issuing refunds.
2.9 Right to Cancel CIK Services
Subscriber's Right to terminate services and early cancellation: For any cancellation request, customer can contact our customer care by phone and provide the requested disconnection date. Note that after the first 30 days warranty period, for plans on a contract, early cancellation fees will apply if cancelled before the contract end date. For phone service cancellation, if customer wants to transfer the number, the service disconnection date would be the date the number is ported away.
2.9.1 Contract Terms
The subscriber is responsible for early cancellation fee of their term period. Early cancellation fee shall be applied according to the contract terms specified in the plan description area in the printed order we ship to the customer with hardware prior to activation. The contract start date shall be the date that the Subscriber enrolled for CIK Services. Once the term expires, it is automatically renewed to month to month basis unless requested by customer.
Customers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition, the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date.
2.10 No Directory Listing or 411 Service. The phone numbers you obtain from us will not be listed in any telephone directories or 411 listing. Phone numbers transferred from your local phone company may be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
2.11 Incompatibility with Other Services
2.11.1 Home Alarm Systems
The Service may not be compatible with home alarm systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any alarm system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm system with the Service. CIK will not be responsible for any damage or loss due to alarm system not working.
2.11.2 Apartment Buzzer Number
You acknowledge that the Service presently may not be compatible with some apartment buzzer number service, and there may be other services with which the Service may be determined to be incompatible.
2.12 Customer Service
We offer varying types and levels of customer service depending on a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the "FAQ" section on our website located at www.CIKTEL.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
Effective from May 1st 2019, all new customers who sign-up must provide and use pre-authorized payment method (PAP) by bank account or credit card or use the one-year pre-payment method to keep the current promotion offer and/or any price guarantee. Failing to maintain your PAP/prepayment validity will automatically terminate the discount offered and the regular monthly service fee will be applied to your current plan. A deposit of 1-month service fee is also required for accounts without PAP, pre-authorization or pre-payment.
For customers signed up before May 1st, 2019, if already on PAP, effective from June 1st, 2019. If your PAP charge is declined 2 times (TWICE) in 12 months or payment method is changed, your initial promotion period and/or any price guarantee will be ended immediately. CIK has the sole decision to increase your monthly charge immediately based on your payment history.
Customers who were not using PAP or prepayment for their services before May 1st 2019 will be grandfathered to their current plan without any price change and do not need to pay an extra deposit.
3. PAYMENT, REFUND AND COLLECTION
Your subscription to the Service authorizes us to collect service fees from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
3. 2 Collection
If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees. Collection cost will be 50% of the amount of the unpaid invoice.
3.0.3. Notices. You understand that CIK sends billing online by email every month and you can check the billing online from the CIK website. It is difficult for CIK to confirm if you receive the monthly billing by email. You agree to waive your rights to receive at least ten (10) days advance notice from CIK regarding the amount that CIK will debit from your account. CIK may send you messages about your billing from time to time, but CIK is not obligated to do so. CIK may change or cease its messages at any time without any notice to you.
3.3 Money Back Guarantee and Equipment warranty
CIK offers different quality of service guarantee to different products and services with the following terms.
3.3.1 30 days Quality of Service guarantee
CIK offers a thirty (30) day grace period ("Trial Period") to new Customers for their first CIK service. The Activation Date is the first day CIK active account for customer or the first day customer’s phone number transfer to CIK. If Customer is not satisfied with the Service, Customer may terminate the CIK Service at any time during the Trial Period and CIK will waive the charge of monthly fee charge. The Trial Period refund does not apply to variable charges or any local, state or federal taxes charged to Customer. If Equipment sold and is returned within 30 days, a restocking fee before tax may be applied. All one-time charges like activation fee, processing fee, configuration fee, shipping and handling fee are non-refundable.
3.3.2 Service Cancellation
To request service cancellation Customer must:
a) Call CIK 24/7 customer support hotline and obtain a cancellation reference number.
b) Mail the Equipment to one of CIK national shipping centers or corporate stores specified within seven (7) days from the service disconnection date; The equipment must be in its original condition including, all packing materials, without damage on interface, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our agents will not be processed. If CIK does not receive the returned Equipment within thirty (30) days after the termination day, the rented equipment will be charged at the purchase price on the latest invoice.
c) Customer must pay all shipping costs of the Device return.
d) Customer can not request cancellation if CIK opened a troubleshooting ticket to our local providers such as Bell/Rogers, otherwise a DMC charge $ 90 + tax will be applied to the customer account. Customer can request cancellation after the issue is fixed.
e) CIK standard 30 days guarantee policy applies only to new customer and the first-time service in a new address, not to additional services in the same address or old customer moving to new address.
3.3.2 Equipment warranty
Equipment refers to the boxes (CPE) required at customer site so that CIK can provide service to customer. From time to time, there are two different options for CIK to provide CPE to the customers: Free Rental, or Purchased.
Free Rental : All CPE boxes customers paid with or without deposit only when service started and usually comes with 1 year term.
Purchased : Those boxes are sold to the customers at the original or discounted price.
Warranty: CIK provides lifetime warranty to the rented or sold CPE as long as customer is using CIK service. If the equipment is broken due to non-man made reasons, CIK will replace the equipment free of charge. If the equipment is damaged due to man-made reasons, for e.g., due to using wrong power adaptor, pouring water into the box, physical damage etc., customer needs to buy new equipment and CIK will ship it for free. Upon the service cancellation, CIK is not responsible for any liabilities of the CPE from the date of service termination.
3.3.3 CIK hardware warranty and support policy
126.96.36.199 CIK Hardware Usage
All hardware customers obtain, either rented or purchased from CIK, is developed/designed for the purpose of using CIK services only.
For any purchased device(s) from CIK, we will not accept returns and no refund will be provided after 30 days from the purchase date. Customer should keep these device(s) upon cancellation of services.
For any device(s) rented from CIK, Customer will need to return them by default within 7 days from service disconnection date upon cancellation of services, otherwise a full purchase price will be applied.
If any replacement device(s) has been sent to the customer for any reason either rented or purchased during the service period, such replacement device(s) should always be returned upon cancellation.
188.8.131.52 Discount for Hardware
When customers obtain that hardware via purchase, CIK has already offered big discount to offset the purchase cost.
184.108.40.206 Life Time Warranty
The hardware is provided with lifetime warranty as long as customer remains using our service without any service change.
If there is any request of change of speed, technology or location, the equipment that you purchased or rented before for previous service may become obsolete or not fit to use the new service. CIK is not liable to provide a Free replacement in that case. Any Replacement device will fall in the category of (Clause 220.127.116.11 mentioned above)
18.104.22.168 Loss of Warranty
Once the customer’s service is disconnected, the customer will automatically lose warranty on the hardware from CIK.
22.214.171.124 Third Party Equipment
CIK has no obligation to guarantee that any CIK equipment shall work with any third party’s service;
126.96.36.199 Support for third party Equipment
CIK will not provide any support to the hardware including changing configuration, firmware upgrading, repairing, exchanging etc. after CIK service is cancelled.
188.8.131.52 No liability for third party equipment
CIK has no liability for any issue or failure caused by that equipment.
184.108.40.206 Cell phone warranty
All cell phone handsets sold by CIK are under 7 days refund policy, i.e. Customer may return a cell phone purchased within 7 days from any of CIK retail store with original package and accessories with a 15% restocking fee. Missing accessories will be charged $10 each on top of restocking fee. Physical damage or water/liquid damage will not be accepted for return and refund.
All cell phone handsets sold by CIK come with 1 year limited manufacturer’s warranty. Cell phone handset must be unopened. Cell phones which are physically or water/liquid damaged are not covered.
All cell phone sets sold by CIK can be used with third party’s SIM but CIK doesn’t guarantee they will be fully functional the same as CIK cell phone service.
3.4 Marketing Promotion terms
3.4.1 Free or discounted Hardware
Hardware free rental promotion. CIK might give hardware with free rental to customers so that customers can use our services. Those promotional equipment (the "Equipment") might not be exactly the same as the pictures shown in the advertisement and might have different models as well. CIK reserves the right of final explanation and decision of which type of equipment to give. The equipment might be either new or refurbished, and are tested and guaranteed to be working. But the equipment is not guaranteed to be new from original manufactures. That equipment has the CIK standard hardware life time warranty if the equipment damage is not due to man-made reasons (such as fire, broken due to wrong power adaptor, physical damage, and pouring water etc.). If cancellation of CIK service is made over 30 days from activation, these free rented equipment should be returned to CIK to avoid additional charge, or customer can purchase them at discounted price if agreed and approved by CIK.
3.4.2. One Time Fee Discount
CIK might give discount to or waive one time charges such as Processing Fee, Activation Fee, Shipping and Handling Fee and Hardware Purchasing Fee etc. at intervals for the purpose of promotion. For the part of the one time charges which was discounted or waived, if customers cancel the service within 30 days, the discounted or waived portion will be charged back to the original level. If customers cancel the service after 30 days from the service activation, there would be no charge back for the one time fee discount.
3.4.3 Service Fee Discount
Service Fee Discount: CIK might give new customers monthly service fee discounts from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years, etc. The monthly service fee discount will be stopped automatically at the maturity of the pre-stated terms and the monthly fee will revert back to the original price. We will not renew any of the discounts on our own initiative nor choose any service plans other than the corresponding standard service plans for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and select a new service plan available at that time which can better serve customer's needs. If customers cancel the service within 1 year, previously discounted service fee will be charged back to make the previous monthly service fee be back to the original price.
3.4.4 Long Distance Package Discount
CIK might give new customers free long distance packages from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years etc. The long distance package discount will be stopped automatically at the maturity of the pre-stated terms and the long distance package will revert back to the original price. We will not renew any of the discounts on our own initiative nor choose any long distance packages other than the corresponding standard long distance packages for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and to select a new long distance package available at that time which can better serve customer's needs or choose to remove the long distance package. If customers cancel the service within 1 year, previously discounted long distance package fees will be charged back to make the previous long distance package fee be back to the original price.
3.4.5 Free Prize
CIK might give customers third party products such as TVs, IPADs etc. as free prizes for promotional lucky draws. There is no obligation for customers to keep using CIK services in order to maintain the ownership of the free prizes as long as the conditions are valid. CIK is not providing any warranty or support to those third party products. Customers need to get support from the manufacturers directly.
3.4.6 Referral Program
To show appreciation to loyal CIK customers who recommend CIK to their friends, CIK might give eligible referrals, certain gifts or service discounts as referral bonus according to different promotions. The following terms and conditions apply: The referral bonus only applies to active CIK customers who recommend New Active CIK Internet customers; referral bonus for each valid recommendation; The referral bonus will be effective 30 days after your friends' CIK Internet service activation date; The referral bonus is not redeemable as cash; When the CIK account deactivated, all remaining referral fees will be cleaned out and will not be refunded in any format; Valid referee's CIK promotion code must be provided at the time when order been submitted or within 1 day (24 hours) after by calling us or sending us an email; Late promo codes are not accepted, the offer is lapsed automatically after the time limit; Terms and conditions and explanation rights belong to CIK and might be changed without notice.
3.4.7 CIK new promotion offer
CIK new promotion offer is available only for new residential customers subscribing to Internet, Home phone, TV service. New promotion offer is not provided to the same residential customer and/or household where CIK service has been installed and/or cancelled within past 6 months after service activation. Promotion offer may change from time to time without prior notice.
4.0 LIMITATION OF LIABILITY; MISCELLANEOUS
4.1 Limitation of Liability
We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
a) An act or omission of an underlying carrier, service provider, vendor or other third party;
b) Equipment, network or facility failure, shortage; equipment, network or facility upgrade relocation or modification caused by any reason include the loss of power;
c) Force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
d) Any act or omission by you or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
e) Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
f) Disclaimer of Liability for Damages. In no event will CIK, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection the service be liable for any direct, 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 the 911 dialing service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
Customer hereby agrees to indemnify and hold harmless CIK and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device. You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
4.4 Governing Law
The law of the state of your residence shall govern this Agreement as well as the relationship between you and us except to the extent such law is pre-empted by or inconsistent with applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.
4.5 Mandatory and Binding Arbitration
All claims or disputes between Customer and CIK arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, Canada in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
4.6 Entire Agreement
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and CIK and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and CIK and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
4.8 Customer Information Security
With this agreement, subscriber acknowledge that you authorize CIK to obtain, at any time, information regarding customer credit from any personal agent, financial institution, employer or any other person with whom he or she may have business relationship and authorizes such person to transmit such information to CIK. The consent is given for the purpose of opening an account and recovering sums that may be owing to CIK. This information will be treated confidentially at any time. With limitation, CIK may use subscriber information for advisement purpose, you shall notice to CIK in writing if you don’t want to be listed on distribute list for advisement. CIK may sometimes legally required to monitor, record, and provide evidence of the activity or information of the identified Customers or required to remove some content as a result of court orders or warrants, without prior or subsequent notice provided to the Customer. You also acknowledge that use of CIK services confirms your acceptance of these terms and conditions. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.
5 FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.CIKTel.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
Last Updated: December 27, 2018.