GENERAL TERMS AND CONDITIONS ("Agreement") INNSYS INC. ("INNSYS")
THERE ARE IMPORTANT 9-1-1 TERMS RELATED TO VoIP SERVICE, PLEASE REVIEW ENTIRE AGREEMENT. BY ACTIVATING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS.
1.a. In this Agreement:
(i) "Service(s)" means any, some or all of:
(A) home phone service;
(B) business phone service;
(C) long distance service;
(D) call back service,
(E) voice service
(F) internet access;
(G) web design & hosting service and any INNSYS facility and equipment associated with the Services.
(ii) "You" and "Your" includes an applicant, customer, individual, corporation or other type of legal entity which has subscribed for Services.
(iii) “INNSYS” means InnSys Inc. or any of its subsidiaries or affiliates.
1.b. Services offered by INNSYS are subject to the terms and conditions contained herein and additional terms and conditions related to a particular Service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular Service constitute the entire Agreement between You and INNSYS and does not include any other written or oral representations or agreements.
1.c. This Agreement may be changed and updated from time to time by INNSYS and INNSYS will post an updated version on its website available at http://www.innsys.ca/termsofservice.htm and may additionally give You notice of any changes by mail, e-mail or messaging on your monthly bill. Please refer to the INNSYS Web site for the latest Terms Of Service agreement. In the event of any such change, You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification, and by Your continued subscription to the Services You will be deemed to have accepted the change. If You do not accept a change, You may terminate this Agreement upon at least 15 days advance notice before the end of your billing cycle to INNSYS. You cannot change this Agreement.
1.e. Language. You confirm that You accept this Agreement, as well as all other related documents, including invoices and notices, in English only. Les Présentes Conditions Générales sont disponibles en français sur demande
2. USE OF SERVICES
2.b. You acknowledge that You are authorized to subscribe for the Services and agree that You will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service.
2.c. The Services (including rate plans) and any equipment are provided to You as a residential user, for Your conventional personal, residential, non-business and non-professional use only and may not be used in any other way or for any other purpose. You agree that Your use of the Services for commercial or any other non-residential purposes will obligate You to pay higher rates for those types of use. INNSYS reserves the right to immediately suspend, terminate or modify the Service if INNSYS determines in its sole discretion, that Your service is being misused, including, without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use.
3. RESPONSIBILITY FOR CHARGES
3.a. You are responsible for all charges for Services subscribed to by You, including setup fees, monthly service charges, any restoral fees, long distance fees and any other charges incurred in using Your Services, regardless of who used the Services.
3.b. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, Extra Business Listings, VoIP Rental Equipments, Prestige Numbers, Additional DIDs etc. will result in additional monthly charges from INNSYS.
3.c. You agree to treat INNSYS long distance and all other access codes and passwords, where applicable, as confidential and non transferable. INNSYS reserves the right to deactivate INNSYS long distance access codes without notice if, in INNSYS's sole discretion, fraudulent use is suspected. In the event that an INNSYS long distance access code is lost, stolen or used in an unauthorized manner, You will be responsible for notifying INNSYS by calling 1 866 928 7166. You acknowledge and agree that You shall be responsible for all costs incurred until such notification to INNSYS.
4. SPECIAL TERMS AND CONDITIONS RELATED TO SERVICES
4.a. Bundled Services. Different rates may apply for subscriptions to Bundled Services. If you cancel one or more of the Services in a Bundles Services plan, INNSYS will increase the rates for Your remaining Services as per the prevailing rates at the time of canceling such services and/or charge you a cancellation fee in lieu for the expenses incurred specifically for your service.
4.b. Local Services.Transfer of Long Distance Telephone Service. INNSYS does not have the ability to transfer Your long distance services from INNSYS's long distance telephone service network to an alternate long distance provider. You agree that in the event that Your Local Line Services are terminated, You are solely responsible for contacting an alternate long distance service provider to convert Your long distance service from INNSYS's long distance telephone service network to an alternate long distance service provider.
4.c. Long Distance
(i) “Unlimited” type rate plans are based on Your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use.
(ii) You agree that INNSYS may monitor Your account for misuse and if INNSYS determines, in its sole discretion that Your use is not for conventional residential purposes, INNSYS may terminate Your use of the plan or switch You automatically to another plan.
4.d. Digital Subscriber Line Service. Service Availability. You may only subscribe for DSL Service if available in Your geographical area. INNSYS reserves the right to deem DSL Service unavailable to You at any time. If such an event occurs, INNSYS will not charge You applicable fees, provided however, that You must return all DSL Service Equipment provided to You by INNSYS in its original good and proper physical and functional condition and within the specified time in this Agreement.
4.e. VoIP Service
(i) Service Limitations: You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by INNSYS as set out in these Terms and Conditions.
(ii) 9-1-1 LIMITATIONS: 9-1-1 service associated with VoIP Service HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW:
The type of 9-1-1 service available to You depends on where and how You use Your phone. There are two types of 9-1-1- service:
1. E9-1-1 Service: You will have E9-1-1 service if your VoIP Service telephone number corresponds to your address and municipality where you permanently use your VoIP Service and E9-1-1 is available in your serving area. If You dial 9-1-1, Your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to Your address and the emergency operator will have Your telephone and address information. You may be required to verify Your name, telephone number and address with the emergency operator.
2. Basic 9-1-1 Service: Basic 9-1-1 Service is provided in the following two situations.You will have Basic 9-1-1 Service if your VoIP Service telephone number does not correspond to your address and municipality where you permanently use your VoIP Service or if you live in a serving area in which E9-1-1 from INNSYS is not available. If You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator.
You will have Basic 9-1-1 Service if You intend on using Your VoIP Service from multiple locations. You have access to 9-1-1 service, but because You may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator.
(iii) SERVICE OUTAGES. YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR VOIP SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, VOIP SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE VOIP SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RESTART, RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE VOIP SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT VOIP SERVICE, INCLUDING 9-1-1 SERVICE.
(iv) YOU AGREE TO IMMEDIATELY ADVISE INNSYS IF You intend on changing the address from which You use Your VoIP Service, TO ENSURE YOU MAINTAIN 9-1-1 SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND SHOULD YOU FAIL TO DO SO, Your 9-1-1 service will not work properly and this will adversely affect Your ability to access 9-1-1 service.
(v) YOU ACKNOWLEDGE AND AGREE THAT INNSYS ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INNSYS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.
(vi) Operator Services Currently Not Available. INNSYS does not currently offer Operator Service.
5. TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES.
5.a. Ownership. Telephone numbers and numbers or addresses for other Services (e.g. VoIP, Internet, Static IP addresses, etc.) are a limited public resource. You do not own the number(s) assigned to You and INNSYS reserves the right to change the number(s) assigned to You. INNSYS will take all reasonable measures to prevent such an occurrence.
5.b. Number Portability. You may be able transfer an existing telephone or wireless number to be your telephone number for Your INNSYS Service(s) or transfer your INNSYS telephone to another service provider.
(i) Transfer From INNSYS. You may not transfer Your INNSYS telephone number if Your INNSYS account is not in good standing. You will remain responsible for all fees and charges for your Service up until the date the transfer is fully complete.
(ii) Transfer to INNSYS. INNSYS will not be responsible for any termination fees imposed by any other service provider as a result of You transferring Your number to INNSYS. INNSYS cannot guarantee or warrant the date on which you will be able to switch your number, nor can it guarantee or warrant that You will be able to transfer your number. Please see the section of these Terms and Conditions entitled "Warranty Disclaimer and Limitation of Liability," below. In some cases INNSYS may offer you a temporary number until such time you are able to transfer your number to INNSYS.
6.INNSYS EQUIPMENT AND FACILITIES.
6.a. INNSYS Equipment. Where required, INNSYS will provide and may install Equipment, required to provide You with Services, including cables and products. Such Equipment requires a Refundable Security Deposit at prevailing rates.
6.b. Ownership and Interest. You agree that the Equipment, including dial numbers and/or IP addresses assigned to You by INNSYS, shall at all times remain the property of INNSYS, and that You have no right, title or interest therein and agree to keep the Equipment free and clear of any levies, liens and encumbrances.
6.c. Non-INNSYS Equipment. If You may choose to use equipment not provided by INNSYS, You accept that INNSYS will not provide support for such equipment and does not guarantee performance of equipment and Service.
6.d. Receiving Equipment. Equipment shall be deemed to have been delivered in good working condition unless You give notice to INNSYS to the contrary within 5 days of receiving the Equipment.
6.e. Prohibited Changes. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, and in the case of VoIP Equipment, to not change electronic serial number or equipment identifier of the Equipment, or to perform a reset of the Equipment, except by prior written agreement with INNSYS. Terminal equipment provided by You may be connected with INNSYS's facilities only by prior special written agreement with INNSYS. If You tamper with the Equipment, INNSYS reserves the right to terminate Your Service, in which case You will be responsible for all Charges for Your Service(s) and Equipment.
6.f. Fees for Prohibited Changes. You agree that if You make unauthorized changes to any Equipment provided to You by INNSYS which results in Service problems or downtime, INNSYS may charge You and You agree to pay INNSYS’ cost for any effort involved in the restoration or repair of Service to You.
6.g. Equipment Malfunction. If the Equipment malfunctions during its intended use, INNSYS, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that INNSYS's liability and Your sole remedy is limited to a refund of charges or replacement by INNSYS of such Equipment, provided that You notify INNSYS immediately upon Equipment malfunction. If it is determined that repair was not required or was required due to damage caused by You, You agree to pay INNSYS’ cost for such repair.
6.h. Safekeeping of Equipment. You agree that You are responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to INNSYS in good physical and functional condition.
6.i. Damaged Equipment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in INNSYS's sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in INNSYS's sole discretion, such the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by INNSYS.
6.j. Return of Equipment. Upon cancellation or termination of Services, You agree to return, at your own expense (alternatively a Shipping & Handling Fee will be billed to You by INNSYS), the Equipment to INNSYS in good working condition within thirty (30) days of cancellation/termination or within a time specified by INNSYS. You are responsible for continuing charges for the Equipment until its return. If You fail to return the Equipment within the required time, INNSYS may repossess the Equipment at Your expense, and/or may charge You for the replacement cost such Equipment.
7. INNSYS RIGHT TO ENTER PREMISES.
INNSYS's agents and employees may, at reasonable hours and with Your permission (or the permission of another responsible person), enter premises on which Service is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving Customer-provided facilities. Permission is not required in cases of emergency or where entry is pursuant to a court order or other legal requirement.
8. SERVICE INTERRUPTION.
INNSYS may interrupt Your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the Equipment or facilities or for any required technical reasons.
9. CHANGES OR TERMINATION OF RATES AND PLANS.
INNSYS may at any time and without notice to You, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by Your continued subscription to the Services you will be deemed to have accepted the change and You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification.
10. PAYMENTS AND BILLING.
10.a. Charges will commence as at the date of activation or delivery of Services. Even if You have not collected your Equipments for Your Service(s), services deemed to be started on the date of activation and charges will commence automatically from the activation date. All services offered are based on Pre-Paid basis and payable monthly in advance and some charges are payable when billed. INNSYS reserves the right to ask for pre-authorized payment for certain Services.
10.b. You are responsible for payment to INNSYS of charges for all Service(s) and Equipment furnished to You. Payment is due promptly upon delivery of invoice and before the start date of service or billing period.
10.c. An Administrative Surcharge will apply to payments that are returned as Not Sufficient Funds ("NSF"), including cheque, credit card and pre-authorized debit payments.
10.d. Late Payment Charge of 3% a month (42.58% per annum) on your balance will apply for payments not received on or before the due date. Minimum Late Payment Charge will be $2.00. A Re-Activation Charge will apply for accounts suspended for non payment of bill
10.e. In exceptional circumstances, for example, where You present an abnormal risk of loss to INNSYS, prior to the normal billing date INNSYS may require payment from You on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after INNSYS demands payment, whichever occurs later.
10.f. INNSYS may request immediate payment in extreme situations, provided INNSYS has notified You and the abnormal risk of loss has substantially increased since that notice was given or INNSYS, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud INNSYS.
10.g. You must bring invoice inquires or disputes to INNSYS’ attention within forty-five (45) days of the date of the invoice, or You will be deemed to have accepted the invoice.
10.h. Refunds of $10 or less will be credited against Your account. INNSYS will not issue refunds for amounts lower than $10.
10.i. Failing to make a payment before or on due date, you will be subjected to late fee and suspension of the service provided by Innsys.
10.j. If the service outstanding payment is overdue, Innsys will notify though phone call, text message and email. If no payment is received after several attempts, Innsys will be sending a collection notice along with a minimum charge of $50 or a maximum of 30% of the total outstanding balance.
10.k. If no response to the notice or payment received, your account will be moved to collection agency for further processing.
10.l. If you choose to receive a paper invoice, you will be charged a small fee per invoice to cover the cost of the paper invoice. You will not be charged this fee if you choose to receive your invoice electronically (see Section 11 "E-Billing Services" below).
11. E-BILLING SERVICES
(Note: E-Billing Service is currently only available for certain products and services and some restrictions apply)
11.a. Once Your application for E-Billing Services has been accepted by INNSYS, You will receive invoices for Services via electronic mail ("E-Bills") every month. You understand and agree that You will no longer receive paper invoices via regular mail and You agree to ensure that You have the proper hardware, software and Internet services in order to receive the E-Billing Services.
11.b. INNSYS reserves the right to withdraw the E-Billing Services upon providing You with reasonable notice and to cancel a subscriber's E-Billing Service if You have used the E-Billing Service for purposes that are contrary to law or in a way that disrupts the E-Billing Service.
11.c. You agree that it is Your responsibility to provide INNSYS with all correct information in order to receive the E-Billing Services. If You change email addresses, it is Your responsibility to notify INNSYS immediately of such change. You are responsible for payment of invoices even where You have any difficulties accessing the E-Billing Service
11.d You agree that if the E-Bill e-mailed to You is returned to INNSYS as undeliverable, Your billing method for Your account will revert back to paper and regular mail invoicing commencing Your next invoice, unless You immediately notify INNSYS and provide INNSYS with the correct e-mail address.
11.e. In the event of a discrepancy between the E-Bill and INNSYS's billing records, You agree that INNSYS's billing records will be taken as correct.
11.f. You may cancel the E-billing Service, upon providing INNSYS with 30 days notice, after which, Your invoices will be sent via regular mail.
12. CREDIT CHECK AND SECURITY DEPOSITS.
12.b. INNSYS will require security deposits from You at any time where, at the sole discretion of INNSYS, You have no credit history with INNSYS and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. INNSYS will release such security deposit at its' discretion and upon satisfactory payment history. Further security may be required if You subscribe for further Services and/or Service usage increases.
13. TERM AND TERMINATION.
13.a. INNSYS does not operate with fixed contract periods. The term means the start day of service or the start date of a billing period to the end date of billing period, usually 30 days or 12 months.
13.b. Cancellation by You. If You subscribe for Services on a monthly basis, You may cancel Your Service Schedule(s) at the end of any given billing period provided You give INNSYS fifteen (15) days prior written notice. Upon cancellation of Your Service Schedule(s), You will remain responsible and agree to pay for all charges which You owe INNSYS until the effective date of your cancellation and You have paid Your account in full to the satisfaction of INNSYS. IF YOU SUBSCRIBE FOR SERVICES FOR A YEAR TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE INNSYS FIFTEEN (15) DAYS PRIOR WRITTEN NOTICE. IN SUCH CASES YOUR SERVICES WILL BE CONSIDERED AS REGULAR MONTHLY SERVICES AND BE BILLED AT THE PREVAILING REGULAR MONTHLY RATES AND ANY EXCESS WILL BE REFUNDED. In the event You do not give INNSYS fifteen (15) days prior written notice before end of the billing period for service cancellation, You will be billed for the next billing period appearing on Your invoice. Upon cancellation of Your Service, You will remain responsible and agree to pay for all charges which You owe INNSYS until You have paid Your account in full to the satisfaction of INNSYS. A cancellation fee may apply to all service cancellations.
13.c. Cancellation, Suspension or Termination by INNSYS. In addition to all other rights as set out in this Agreement, INNSYS may cancel, suspend or Terminate this Agreement and Your Services and may charge a suspension fee if You:
(i) fail to pay outstanding past due amounts for Your Services or Your payment is returned N.S.F. In such cases, INNSYS may not resume Your Services until full payment is made sufficient to cover the amounts outstanding;
(ii) fail to pay outstanding past due amounts for any other services provided by INNSYS to You;
(iii) fail to provide interim payment when requested by INNSYS;
(iv) become bankrupt or insolvent;
(v) fail to meet INNSYS’ credit requirements;
(vi) present an abnormal risk of loss (including, incurrent a significant amount of billable charges) as determined in INNSYS’ sole discretion;
(vii) violate any term in this Agreement;
(viii) use the Service(s) in a manner which is contrary to this Agreement and/or law, including CRTC rulings, decisions or orders and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
(ix) subscribe for Internet Services, which do not include the use of Static IP Addresses (DSL Internet Access with a modem),and use automated operations and / or server applications requiring connectivity
(x) are threatening, harassing, abusive or unreasonable to INNSYS, its employees and agents; or
(xi) alter or interfere with INNSYS Equipment.
IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.
13.d. Your Responsibility Upon Termination. You remain responsible to pay all charges for Your Services up to the date of suspension, cancellation or termination by INNSYS. INNSYS reserves the right to charge You a reactivation fee if your Service is reactivated after suspension.
14. INNSYS RIGHT TO REFUSE TO PROVIDE SERVICES.
INNSYS may, in its sole discretion, refuse to provide Services to You where
(a) You owe past due amounts to INNSYS or have had a history of past due amounts owed to INNSYS;
(b) You do not provide a security deposit or other requirements requested by INNSYS;
(c) You pose a credit risk or an abnormal risk of loss;
(d) INNSYS will incur unusual costs or expenses which You will not pay; or
(e) INNSYS does not provide the requested Service(s) in Your area.
You agree to indemnify, defend and hold harmless INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.
16. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
16.a. INNSYS does not guarantee uninterrupted Services operation. INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, provide the services “as is” and make no express or implied warranties of any kind regarding the Services, facilities, network, Equipment or products in any way. To the extent applicable by law, INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers make no warranty of merchantability or fitness for a particular purpose or use.
16.b. In particular and without limitation, INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:
(i) disruption or interruption in Service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
(ii) any event beyond INNSYS’ control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision; or
(iii) damage to the Equipment or Your premises, which is not wholly caused by INNSYS’ gross negligence or willful misconduct.
16.c. Notwithstanding the foregoing, INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers , shall in no event be liable to You or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract, tort or other causes of action, arising out of the provision of Services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event INNSYS is found liable by a court of competent jurisdiction, liability will not exceed an amount equal to the price of Services purchased by You during the month preceding the event in question.
16.d. Any action or proceeding against INNSYS by You must be commenced no later than 1 year after the event giving rise to the action or proceeding.
17. PERSONAL INFORMATION.
17.b. Personal Information Updates. You agree that You will give INNSYS at least 15 days prior written notice of any changes to Your billing information, including but not limited to Your new address and contact information.
18. INNSYS INTELLECTUAL PROPERTY.
INNSYS is the exclusive owner of all names, trade names, service marks and any copyright material relating to the Services and You cannot use these marks or copyrighted materials or any licenses.
19. DIRECTORY LISTINGS
19.a. If You subscribe to INNSYS business Service, Your name, address and telephone number will be published in the telephone directory in for Your area. You may wish to request INNSYS not to list in the business telephone directory. INNSYS cannot guarantee that the directory service in Your area or any internet directory service will not obtain and publish Your telephone number and address from any other source other than INNSYS.
19.b. In the case of errors or omissions with directory listings or failure to remove a directory listing, INNSYS’ maximum liability will be a credit of charges for this service.
20. Technical issue resolution terms.
Innsys guarantees 99.9% dedicated service uptime. If due to network outage or during technical difficulties, 8 hours will be a maximum resolution time required.
FTTN and Cable Intrenet is not a dedicated line, henceforth resolution time may vary.
Minimum time required to inspect and troubleshoot any service issue will vary from 24 hours to 48 hours. Pro-rated credit will be honored only if the resolution time-frame exceeds 48 hours from time of issue being notified to Innsys technical support and/or a trouble ticket being generated.
21. Payment and Collection
Failing to make a payment before or on due date, you will be subjected to late fee and suspension of the service provided by Innsys
If the service outstanding payment is overdue, Innsys will notify though phone call, text message and email. If no payment is received after several attempts, Innsys will be sending a collection notice along with a minimum charge of $50 or a maximum of 30% of the total outstanding balance.
If no response to the notice or payment received, your account will be moved to collection agency for further processing.
22.a. Notices and Communications. Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to INNSYS or You as applicable, at the address or facsimile number provided by You. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.
22.b. Assignment. You may not assign, resell or transfer this Agreement or Service(s) to a third party without the prior written consent of INNSYS. This Agreement will enure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees.
22.c. Independent Contractors. INNSYS provides Services to You as an independent contractor and this Agreement does not constitute or imply any partnership, joint venture, fiduciary relationship or other relationship between You and INNSYS.
22.d. No Waiver. The terms and provisions of this Agreement may only be waived in writing signed by INNSYS. No failure by INNSYS to insist upon Your performance of any obligation in this Agreement will constitute a waiver of the obligation.
22.e. Severability. If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.
22.f. Jurisdiction. This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.
To contact INNSYS: by telephone, call 1 866 964 7087, by e-mail at firstname.lastname@example.org or in writing to 4500 Sheppard Ave east Suite 111, Toronto, Ontario, M1S 3R6, Canada