Terms of Service

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. GENERAL
1.1. In this Agreement:

"Service(s)" means any, some or all of:
Internet services;
Voice services;
FIBTV Services;
Security Alarm services,
Wholesale services
Radio Broadcasting services;
long distance services.

"You" and "Your" includes an applicant, customer, individual, corporation or other type of legal entity which has subscribed for Services.

“INNSYS” means InnSys Inc. or any of its subsidiaries or affiliates.

1.1. 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.

1.2. 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 ensure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees.

1.3. 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.

1.4. 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.

1.5. 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.

1.6. Jurisdiction. This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.

1.7. To contact INNSYS: by telephone, call 1-866-620-3333, by e-mail at info@innsys.ca or inwriting to 4500 Sheppard Ave east Suite 111, Toronto, Ontario, M1S 3R6, Canada.

1.8. 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.

1.9. 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 https://www.innsys.ca/terms-of-service/ 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.

1.10. You agree to read and adhere to INNSYS's Terms of Use available at https://www.innsys.ca/terms-of-use/ and INNSYS's Privacy Policy available at https://www.innsys.ca/privacy-policy-crtc-ccts/ and agree to hold INNSYS harmless from all liabilities and expenses related to any violation by You of the Terms of Use and/or Privacy Policy.

1.11. 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

USE OF SERVICES
2.1. You may use the Services subscribed for provided that You do so in compliance with this Agreement, including the Terms of Use and Privacy Policy, and all applicable laws and regulation.

2.2. 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.

2.3. 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

RESPONSIBILITY FOR CHARGES.
3.1. 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.

3.2. 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.

3.3. 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.

SPECIAL TERMS AND CONDITIONS RELATED TO SERVICES
4.1. 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.

4.2. 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.

5. Shared Internet Resources Policy

5.1 What do you mean by “shared Internet resources”?

InnSys provides Internet access. Providing Internet access means making use of shared network resources: The Internet is all about aggregating traffic on shared links, and processing it through shared routing resources.

One of the things that makes the Internet awesome is that it puts very few restrictions on what end-users do with their Internet access. That openness, which some people call the “end-to-end principle”, gives everyone the freedom to innovate and interact without having to ask permission. It also gives them full access to use as much or as little as they need of those shared Internet resources. Someone who needs more of the shared upstream link will open more sessions in order to demand more of it. Someone who needs less will open fewer sessions and demand less. The Internet is, quite literally, based on sharing.

5.2 Why do you need a policy on shared Internet resources?

We have always had to decide how to manage our shared Internet resources. Until recently, though, we didn’t have a formal policy on how to do so. We did employ a range of measures, like time-of-day incentives and a focus on domestic interconnection. But the centerpiece of our unwritten policy was a very simple concept: provision all the upstream bandwidth we need to minimize congestion.

There were two problems with that policy.

First, it’s not sustainable. No matter how much bandwidth we provision, unusual network events like a new Netflix release or a major new download can and, in many cases, will congest it. Put simply, Internet traffic is growing very, very quickly; peak usage events are shooting past average levels by greater and greater degrees; and every user always has the ability to command extra resources by opening multiple parallel sessions. All of that has the potential to degrade end-users’ experiences significantly and increasingly, especially when those experiences involve real-time applications like voice-over-IP or streaming media.

Second, even were it possible to provision enough upstream bandwidth that no network event and no user behaviour could saturate it, it wouldn’t be sustainable, because that approach is expensive in a way that wastes resources. “Throw more bandwidth at it” is an easy policy to implement, but it forces every user to chip in for all of the bandwidth needed to handle the activity of any user.

That is especially hard to sustain when bandwidth is extremely costly. For some years now, InnSys has argued that the mandated bandwidth rates we pay to wholesale network access providers have been set far too high. Those wholesale rates are divided into two parts. One is the access part. The other is, in most cases, the size of our point of interconnection with the wholesale carrier, which determines how much capacity gets to the access part – and varies from $10.36 monthly per Mbps (Bell Canada), to $11.81 (Cogeco), to $14 (Rogers), to $20.31 (Videotron).

From 2016 to 2019, the CRTC undertook a comprehensive review of both access rates and bandwidth rates at the point of interconnection. In Telecom Order 2016-396, the CRTC lowered capacity rates on an interim basis to ensure that interim rates were not based on overstated costs, as it was concerned that wholesale providers’ cost studies were not conducted in accordance with costing principles. The CRTC lowered capacity rates to $1.4908 monthly per Mbps (Bell Canada), to $3.2373 (Cogeco), to $3.1968 (Rogers), to $3.9536 (Videotron). They set final capacity and access rates in August 2019 that would be sustainable for competition, but the large carriers have appealed that decision. We’re fighting those appeals, but it is a slow process. In the meantime, the cost of bandwidth remains high (not to mention the impact of covid19), usage continues to go up, and simply throwing more bandwidth at our shared resources may not be sustainable without either hiking prices significantly or managing the capacity we do have in a smarter way.

The SIR Policy is InnSys’s attempt to develop a smarter way to do things when the network gets congested during the download day (8 a.m. to 2 a.m.) period. As of August 2020, InnSys has not implemented the SIR Policy. That being said, some measures are in place that may affect our customers’ usage, including port blocking for security and traffic management measures imposed by our underlying carriers.


5.3 So who is affected by the SIR Policy?

InnSys is committed to making sure we always provision enough shared bandwidth to serve end-users under ordinary circumstances. That remains the centerpiece of our SIR Policy. Now, though, the SIR Policy also adds two layers of best-efforts traffic management to congested periods that occur during the 8 a.m. to 2 a.m. period, in order to make sure we keep user experience great and prices low.

First, we will take steps to make sure that on the rare occasions where there is congestion, it least affects the most real-time protocols, like voice-over-IP and streaming media. Instead, less-real-time applications, like peer-to-peer file transfers, will be more likely to be affected. From what we have seen, even less-real-time applications will not be much affected. Few users—if any—should see any perceptible change in their experience, and more users will see a positive improvement in the use of real-time applications in congested circumstances. A little bit of management can go a very long way.

Second, even when congestion does occur, slightly affecting less-real-time applications, it is those who have used the most bandwidth that day whose use of those applications will be the first to be affected by these measures.

We will continue to do our best to make sure that there is no congestion at all. Most of the time, we have been successful. But we are now also acknowledging that, no matter what we do, unusual events or behavior may cause congestion – and we are working to ensure that, in those circumstances, user experience and user costs are affected as little as possible.


5.4 When will the SIR Policy be in effect?

The SIR Policy is not yet implemented. As explained above, in October 2016, the CRTC lowered capacity rates on an interim basis to ensure that interim rates were not based on overstated costs, as it was concerned that wholesale providers’ cost studies were not conducted in accordance with costing principles. In January 2017, In August 2019, the CRTC set final rates but the big carriers appealed that decision. As long as those appeals are underway, InnSys continues to pay inflated rates. InnSys is awaiting those wholesale rates to be finalized to determine how to proceed with implementing the SIR Policy.

Our plan was to phase in the SIR Policy gradually. We had intended to first apply the SIR Policy on our highest-cost-bandwidth platforms, Rogers and Videotron, on December 1, 2015, and provided advance notice to all end-users that would be affected by the first phase of the SIR Policy.

We do not expect the SIR Policy to be implemented prior to September 2020. If we do implement it, we expect to do so first on the Rogers and Videotron access platforms.

In subsequent phase, the SIR Policy could apply to service provisioned over our other platforms: Cogeco, Bell. We will notify affected end-users well in advance of implementing the policy to these platforms, so that you always know how you are affected.

In the same way, as more detailed implementation is logged, we will document it in greater depth.


5.5 When the SIR Policy leads to traffic management, what kind of traffic does it affect?

Traffic management will only take place during the ordinary download day of 8 a.m. to 2 a.m. and, within that period, only when a network is congested. In those circumstances, first to be affected will be the use of less-real-time protocols, by those who have made the greatest use of shared network resources that day. We do not expect anyone to be significantly affected: but that is the sequence in which it will occur.


5.6 How does the SIR Policy affect InnSys end-users’ Internet experiences?

We expect that it will improve most end-users’ experiences, allow us to stabilize pricing, and lower the cost of most unlimited packages.

The SIR Policy calls for traffic management only when there is congestion on a network during the 8 a.m. to 2 a.m. period. Even then, the traffic management affects only those who have made the heaviest use of the network over the course of that day. And even then, the traffic management seen by those users is further restricted to the least-real-time traffic that is least sensitive to millisecond timing. None of these measures involves any rate-limiting or speed caps.

For most end-users, those changes will mean better access to shared Internet resources for real-time applications like voice-over-IP and streaming media. A very small subset of our user base will ever experience traffic management – and many of them are not likely to notice it.


5.7 I thought InnSys was all about net neutrality.

Our views haven’t changed. We’re simply an intermediary, and we have no business telling our users what to do or snooping on what you actually do. We haul bits to and from end-users, in as neutral a fashion as possible.

But that doesn’t mean we want to charge you higher prices than we need to, nor cause users of real-time applications to experience congestion when they don’t have to. Our SIR Policy formalizes our approach to optimizing those things.

InnSys’s measures are applied only where necessary, and look only at classes of traffic. We don’t look at content, don’t look at where traffic is coming from, and don’t look at where it’s headed.


5.8 What are the privacy implications—does this mean InnSys is tracking, retaining, or reporting what I do on the Internet?

At InnSys, we take privacy very seriously. We have no interest in tracking what you do. We have no interest in looking at any of the content that passes over your network. We certainly have no interest in monitoring your online activities. While we respect all of our legal obligations, we’re an intermediary. That’s all.

We do analyze protocols at the aggregate level, because we want to make sure congestion doesn’t cripple real-time applications, and that we don’t waste money buying bandwidth we don’t need. But all of that analysis is done on the fly, and discarded immediately. It’s none of our business.


5.9 Is there any other traffic management that InnSys end-users should know about?

Yes.

First, InnSys is being forced by a court order to block access to certain domain names and IP addresses associated with a video streaming service called GoldTV,. we are required to block certain sites. When InnSys customers try to access a blocked page, they are redirected to a page with information about the court order and a current list of the blocked sites.

Second, most of our end-users are provisioned over wholesale network access acquired from third-party carriers. In most cases, the CRTC requires third-party carriers disclose in their wholesale access tariffs the technical Internet traffic management practices (ITMPs) they apply to wholesale services. Wholesale-based providers like InnSys are, in turn, required to provide their retail customers with information about those technical ITMPs. In keeping with this requirement, we outline the traffic management practices which our third-party carriers apply to the wholesale services we purchase, based on their wholesale access tariffs as of 22 July 2020. Because most third-party carriers have chosen to deliver wholesale network access at the Internet layer, our end-users are necessarily subject to the following traffic management practices of their underlying carrier described below:

I. Bell does not indicate in their tariff that they apply any technical Internet traffic management practices to their wholesale network access services.

II. Cogeco does not indicate in their tariff that they apply any technical Internet traffic management practices. Cogeco indicated in November 2016 that they stopped applying technical Internet traffic management in 2010. Since then, they have not notified us of any new Internet traffic management practices.

III. Rogers introduced a technical ITMP to its tariff in May of 2020. The tariff describes the ITMP vaguely as a temporary constraint of an end-user’s access to shared resources, regardless of the application used, that would present itself as a restriction of Internet speeds and is applicable only during times of emergency or high demand. The tariff goes on to say that only end-users, including wholesale TPIA end-users such as InnSys’s, who disproportionately consume shared resources may have their service affected by this ITMP. Rogers later advised, through filings with the CRTC, that it began testing ITMPs similar to that described above as early April 13, 2020. Rogers has disclosed that they are deploying a traffic management measure to customers’ upload traffic on wireline Internet service plans with a maximum upload speed of 10 Mbps or higher should a customer engage in a volume of upload activity over a sustained period of time such that it negatively impacts, or is likely to negatively impact, the Internet experience of other customers. The traffic management measure temporarily reduces a customers’ maximum upload speeds.

IV. Videotron'stariff indicates that its wholesale network access is, at speeds of 20 Mbps upload speeds or higher (managed tiers), subject to measures that Videotron has explained are to prevent users from congesting shared “upload channels”. Every 15 minutes, a system checks the usage rate for each upload channel. If the usage rate has reached a threshold beyond which congestion is imminent, the system identifies the 20 Mbps, 30 Mbps, and 50 Mbps upload managed tier modems on that channel that have uploaded a statistically significant amount of data. Depending on the severity and duration of the congestion, uploading speed may be slowed for these modems. When the amount of data uploaded by the modem is diminished or the transmission of data goes back to a rate that does not cause congestion, uploading will return to its usual priority. According to Videotron, these measures are applicable at all times.

Finally, while carriers are generally required to provide notice of ITMPs, there is an exception for ITMPs that are necessary to protect network integrity against unpredictable and temporary surges in traffic. Those ITMPs are not required to be disclosed to end-users or even to third-party providers like InnSys. In either of those circumstances, InnSys would be unable to provide its end-users information about those technical ITMPs unless the third-party carrier chose to disclose the ITMPs’ application despite having no requirement to do so.

Rogers submitted to the CRTC that its technical ITMPs outlined above were also applied during a time of emergency and unpredictable traffic patterns and therefore did not require disclosure however, InnSys and others challenged Rogers’ position.


5.10. Speed is always “up to”

I. The actual speed for your internet service may vary from the advertised speed due to a number of factors, including signal levels, internet traffic, shared network, the age and configuration of your devices, whether you are on a wired or a wireless connection, etc. The mentioned factors may result some speed variations so the advertised speed is always “up to” the allotted speed not an exact purchased speed.

II. The availability of high-speed Internet Service may vary by distances between facility box and service area, local loops and equipment at CO. Due to the nature of high-speed Internet Service technology, we reserve the right to deem the high-speed Internet Service unavailable to you up to, including, and after the installation.


6. Long Distance

6.1 “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.

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.

6.2. 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.

7. VoIP Service

7.1. 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.

7.2. 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

7.3. 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.

7.4. 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

OR

7.5. 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.

7.6. 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.

7.7. 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.

7.8. 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.

7.9. Operator Services Currently Not Available. INNSYS does not currently offer Operator Service.

8. TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES.
8.1. 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.

8.2. 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.

8.3. 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

8.4. 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.

9. INNSYS EQUIPMENT AND FACILITIES.
9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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.

9.8. 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.

9.9. 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.

9.10. 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.

10. INNSYS RIGHT TO ENTER PREMISES.
10.1 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.

11. SERVICE INTERRUPTION.
11.1 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.

12. CHANGES OR TERMINATION OF RATES AND PLANS.
12.1 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.

13. PAYMENTS AND BILLING.
13.1. Charges will commence as at the date of activation or delivery of Services. Even if You have not collected your Equipment's 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.

13.2. 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.

13.3. An Administrative Surcharge will apply to payments that are returned as Not Sufficient Funds ("NSF"), including cheque, credit card and pre-authorized debit payments.

13.4. 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

13.5. 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.

13.6. 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.

13.7. 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.

13.8. Refunds of $10 or less will be credited against Your account. INNSYS will not issue refunds for amounts lower than $10.

13.9. 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.

13.10. 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.

13.11. If no response to the notice or payment received, your account will be moved to collection agency for further processing.

13.12. 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).

13.13. If found during an audit, InnSys is entitled to invoice/bill for previous 3 years of missing invoices yearly or monthly that may have caused due to any system error.

14. E-BILLING SERVICES.
(Note: E-Billing Service is currently only available for certain products and services and some restrictions apply)

14.1. 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.

14.2. 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.

14.3. 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.

14.4 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.

14.5. 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.

14.6. You may cancel the E-billing Service, upon providing INNSYS with 30 days notice, after which, Your invoices will be sent via regular mail.

15. CREDIT CHECK AND SECURITY DEPOSITS.
15.1. INNSYS and those acting on its behalf reserve the right to conduct a credit check from time to time on You and to require a deposit or other security, including a credit card payment, before it provides or continues to provide any Service to You, and You consent to the credit check and the provision of Your personal information to credit bureaus, credit grantors and suppliers of services, in accordance with INNSYS’ Privacy Policy. You further agree to provide any appropriate authorizations and financial information as INNSYS may reasonably request for this purpose.

15.2. 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.

16. TERM AND TERMINATION.
16.1. 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.

16.2. 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

16.3. 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:

16.4 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;fail to pay outstanding past due amounts for any other services provided by INNSYS to You;

fail to provide interim payment when requested by INNSYS; become bankrupt or insolvent; Fail to meet INNSYS’ credit requirements, present an abnormal risk of loss (including, incurrent a significant amount of billable charges as determined in INNSYS’ sole discretion;

violate any term in this Agreement;

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;

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

are threatening, harassing, abusive or unreasonable to INNSYS, its employees and agents; or

alter or interfere with INNSYS Equipment.

17. 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

17.1. 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.

17.2 INNSYS RIGHT TO REFUSE TO PROVIDE SERVICES.
INNSYS may, in its sole discretion, refuse to provide Services to You where

17.3 You owe past due amounts to INNSYS or have had a history of past due amounts owed to INNSYS;
You do not provide a security deposit or other requirements requested by INNSYS;
You pose a credit risk or an abnormal risk of loss;
INNSYS will incur unusual costs or expenses which You will not pay; or
INNSYS does not provide the requested Service(s) in Your area.
INDEMNIFICATION.

17.4 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.

18. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
18.1. 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.

18.2. In particular and without limitation, INNSYS and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:

18.3 disruption or interruption in Service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;

18.4 any event beyond INNSYS’ control, including acts of God, inclement weather, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision; or

19. damage to the Equipment or Your premises, which is not wholly caused by INNSYS’ gross negligence or willful misconduct.

20.1. 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.

20.2. 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.

21. PERSONAL INFORMATION.
21.1. Privacy. Unless You consent in writing or disclosure is pursuant to a legal power, Your information kept by INNSYS, other than Your name, address and listed telephone number, is confidential and will not be disclosed by INNSYS to anyone other than You or an agent retained by INNSYS in the collection of Your account, provided the information is required for and is to be used only for that purpose. INNSYS’ Privacy Policy is available at https://www.innsys.ca/privacypolicy.htm or through an INNSYS service representative.

21.2. 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.

22. INNSYS INTELLECTUAL PROPERTY.
22.1 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.

23. DIRECTORY LISTINGS.
23.1. 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.

23.2. 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.

24. Technical issue resolution terms.
24.1. 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.

25. Payment and Collection.
25.1 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

25.2. 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.

25.3. If no response to the notice or payment received, your account will be moved to collection agency for further processing.

 

 

 
Need Help?

For more information, please contact a INNSYS Team Member

+1-866-620-3333