The following terms and conditions apply to Telizon Inc. ("Telizon") provision of communication services (the "Services") and sets out the basic rights, obligations and limitations of Telizon to its Customers (the "Customer"). All of the terms and conditions contained herein (hereinafter referred to as "Terms") bind both Telizon and the Customer and are subject to change from time to time at the sole discretion of Telizon, without any prior notice to the Customer. Refer to www.Telizon.biz/legals for the most current terms.
This is our agreement with you, the Customer. You agree not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Customers' Service. You further agree not to resell, transfer, or share your Service.
1.01 Service
The Terms contained herein apply to all the Services which the Customer may subscribe from Telizon including, VoIP, Data, Connectivity, Features, Software, Hardware, Long Distance, and any and all related telecommunications products as Telizon may provide from time-to-time. The Customer may use the Services provided herein provided that the Customer does so in compliance with all applicable laws and the terms herein. The Customer acknowledges that in Telecom Decisions CRTC 2004-35, 2004-63, 2007-48 and 2008-6, the CRTC has imposed restrictions on the use of telecommunications facilities for unsolicited telecommunications, including the establishment of a national "Do Not Call List". The Customer recognizes that they are solely responsible for ensuring compliance with these and future restrictions imposed by the CRTC. The Customer acknowledges that he/she is the person authorized to subscribe for the Services and bind the corporation or entity listed herein. The Services may only be used by the Customer and all persons having the Customer's permission to use the Services. The Customer may only use the Services for their intended reason as defined by Telizon.
1.02 Charges, Billing and Payment
The Customer is responsible for paying all charges, plus all applicable taxes, federal regulatory fees and 9-1-1 fees thereon, for the Services subscribed from Telizon. All charges are inclusive of all calls: (i) made via the Customers telephones or telecommunications systems; (ii) made using any number, calling card or authorization access code assigned to the Customer; and (iii) which are charged to the Customer's account. The Customer is responsible for the security of the Customer's authorization codes, and access to the Customer's telephones and telecommunications systems. NSF and all refused payments shall incur a $50 administrative fee per occurrence. Credit card charge-backs will incur a $50 administration fee. Telizon reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Customer shall be responsible for all charges associated with the Services and Telizon shall assume no responsibility or liability whatsoever for misuse, fraud, theft or otherwise.
The Customer must pay for all charges associated to the Services by the designated payment option (Visa, MasterCard, or Cheque). When pre-authorized payment is selected by the Customer, the Customer authorizes Telizon to make such charges against such credit card or bank account to satisfy all charges for the Services. Pre-authorized payments will be deducted on or after seven (7) calendar days from the Customers invoice date. Prorated charges may apply. The Customer must bring payment inquiries and disputes to Telizon's attention within 30 days after the charge for the Services have been invoiced or the Customer will be deemed to have accepted such charges as accurate in all respects. All invoices are due upon receipt All invoiced amounts not paid in full within thirty (30) days after the date of invoice will be considered past due and subject to a late payment charge at the lesser rate of 1.5% per month or the maximum rate allowable by applicable law.
Telizon will apply an administration fee to Customer requested feature and/or service moves, adds or changes during the term of the contract. The fee will be identified to the Customer prior to the work being initiated and charges will appear on a subsequent invoice
1.03 Charges will commence as of the Activation Date of the Service(s)
The Service(s) activation date is the date on which Telizon installs and hands over the Service(s) to the Customer. For new service(s), additions or changes to existing Service(s) where Telizon ships equipment to the Customer premises for the Customer to deploy, service activation will be deemed to commence on the day the Customer receives the equipment.
1.04 Credit and Security Deposits
Telizon reserves the right to examine the Customer's credit record before activating the Services and anytime during the term. A security deposit may be required by Telizon to activate Services or to sustain them if Services have already been activated. Customer authorizes Telizon to investigate the Customer's credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agrees from time to time, to provide appropriate authorizations and financial information as Telizon may reasonably request for this purpose. All deposits or other prepayments made by the Customer in connection with the Services will earn no interest.
1.05 Early Cancellation Fees
Unless specifically written otherwise, all contract terms are for a period of three years for each Service or circuit. Contracts shall automatically renew for equal successive terms unless cancelled in writing by the Customer sixty days prior to renewal. Early cancellation fees (ECF) apply from the date of Service activation or if the contract has been renewed from the renewal date. ECF shall be equal to the greater of; seventy-five percent (75%) of the remaining term plus any applicable termination charges from underlying carriers that provide services to Telizon. Month-to-Month contract terms shall incur a cancellation fee equal to six months of service plus any applicable termination charges from underlying carriers that provide services to Telizon.
1.06 Telizon's Right to Refuse to Provide Services
(a) the Customer owes amounts to Telizon that are past due;
(b) the Customer does not provide a security deposit or satisfy alternate security measures when requested by Telizon;
(c) the Customer uses the Services which in the opinion of Telizon is unreasonable or injurious to the goodwill of Telizon, or has the potential to negatively impact other Telizon Customers or the Telizon network.
1.07 Service Interruption
(a) Telizon may interrupt the Services to the Customer at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons.
(b) You may find the need to contact our Customer Service department. Please consult our website for up to date contact information. You agree to accept all costs associated with contacting our representatives. We do not accept collect calls. The Customer acknowledges that Voice over IP requires high-speed data connectivity. Poor or lack of connectivity, power failure, VoIP blocking, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the Service to function. It is the responsibility of the Customer to remedy these connectivity issues.
(c) Telizon is not liable for:
(i) any disruption or unavailability of the Services;
(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);
(iii) the Customer's conduct, acts or omissions, or the operation or failure of the Customer's equipment or facilities;(iv) any event beyond the reasonable control of Telizon 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 (v) its failure, for any reason, to activate the Services on the activation date Customer requested (vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Telizon service.
(d)Telizon’s liability to the Customer in connection with this Agreement, if any, shall not exceed the total monthly charges for the Service(s) connected to the incident(s) and the location(s) that gave rise to the liability. Telizon's liability to the Customer, if any, shall be limited to direct damages and in no event shall Telizon be liable for lost profits, loss of data, economic loss, downtime costs, costs of substitute goods or services, lost goodwill, loss from work stoppage, costs of overhead, loss of anticipated benefits hereunder, or any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if Telizon has been advised of the possibility of such damages), arising out of or in any way connected with this Agreement.
The Customer agrees to indemnify and hold harmless Telizon against all claims, including fees and expenses of counsel, resulting from the Customer's use (or the use by others with the Customer's explicit or implicit consent) of the Services, the Customer's codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.
1.08 Suspension or Termination of Services by Telizon
(a) Without incurring any liability whatsoever, Telizon may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Customer:
(i) fails to pay an account that is past due, or Customer provides payment by cheque or credit card which is not honoured by Customer's bank;
(ii) fails to provide interim payments when requested by Telizon;
(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by Telizon;
(iv) fails to meet Telizon's credit requirements, or becomes bankrupt or otherwise insolvent;
(v) fails to comply with the terms of a deferred payment or credit agreement with Telizon;
(vi) violates any provision of these Terms;
(vii) 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 harassing, threatening, abusive, annoying or offensive calls;
viii) charges or allows others to charge any other person for the use of the Services without Telizon's prior written agreement;
(ix) harasses, threatens or otherwise acts unreasonably towards Telizon, its employees or agents, in relation to the Services;
(x) alters or otherwise interferes with Telizon's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Telizon's equipment, facilities or network; or
(xi) fails to provide payment for other accounts with Telizon, including amounts owed by the Customer as a guarantor for the account of another;
(xii) uses or permits others to use the Services for resell;
(xiii) Abuses the network with excessive usage as may be determined by Telizon. Excessive usage shall be determined solely by Telizon.
(b) A suspension or termination will not affect the Customer's obligation to pay any amounts owed to Telizon either during or after the suspension or termination. If termination occurs during a contract period, the Customer will be charged for all usage plus the contract obligations. Should reactivation of services be required, Telizon will levy a reconnection fee.
(c) Where the Services are cancelled, either by the Customer or by Telizon as provided herein, and there is an undisputed credit balance on the Customer's account, the Customer may require that it be refunded to the Customer and Telizon reserves the right to charge a reasonable processing fee in connection with issuing refunds.
1.09 Customer's Right to Terminate Services and Early Cancellation
(a) Customers may cancel their contract at any time by notifying Telizon in writing. Cancellation may take effect on the day that Telizon receives notice of the cancellation, if so requested by the Customer. ECF shall be calculated according to 1.05 Early Cancellation Fees above, if applicable.
(b) All Telizon contracts renew automatically upon their expiration for successive equal terms unless specifically advised otherwise by the Customer. In order to prevent the contract from renewing automatically; theCustomer must formally request cancellation in writing prior to the expiration date. Third party termination requests will not be accepted.
(c) The Customer must notify Telizon in writing and allow Telizon reasonable time to diagnose and correct any problems that have been reported. If the problem cannot be corrected within thirty-days of the initial report by the Customer, the Customer may elect to terminate his contract without penalty or liability providing Telizon with written notice of his intent to cancel. Where Telizon has determined that the problem is not the fault of Telizon but rather with the Customer, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.
1.10 Telephone Number Portability
Transferring phone numbers to Telizon (LNP) is possible only in Telizon serving territory. If you decide to transfer your existing phone number, Telizon will absorb the cost of the LNP when you switch to Telizon. You will incur an administration fee of $50 per number to transfer to an alternate phone company
You agree throughout the term of your Telizon Services, and provide Telizon with express consent herein to transfer your phone number to Telizon's preferred carrier partners and vendors as may be required from time-to-time without further consent by you.
1.11 Limitations of Service
Telizon VoIP services do not support access to an operator (0), 900/976, 311, 611, or collect calls.
1.12 Managed Voice Services
Where Telizon provides the Customer with a Managed Voice Service, it does so based on information provided by the Customer to ensure the capacity for and the quality of the voice service. After the contract expires, should the Customer reduce their commitment with Telizon, Telizon reserves the right to either move the Service to unmanaged and have the Customer provide their own access for the Service or to charge a monthly recurring fee to offset the cost of the voice access facility. Services not explicitly managed are provided as a best effort service.
1.13 Access Service Availability
The Customer acknowledges that the phone number or address check(s) for preliminary service availability, only determine if Service is available in a geographic area. Due to the nature of the service technology, Telizon reserves the right to deem Internet Service unavailable to the Customer up to, including and after the installation. Telizon assumes no responsibility for any claims, damages or losses relating to the unavailability of DSL or other Service in the Customer's geographical area, even when such determination occurs after installation of the Service.
2.01 Customer Confidentiality and Privacy
Telizon retains all rights to the information we collect about you. Your information is confidential and used to improve the Services we offer you. Your information is not shared with third parties. Telizon’s privacy policy is available at www.telizon.biz/legals/#privacy.
2.02 Price Changes
Telizon reserves the right to change prices for any and all Services upon the provision of thirty (30) days' notice. The Customer may terminate this agreement without penalty within thirty (30) days of receiving such notice except to the extent that you agree to the change. If you advise Telizon in writing of your intention to terminate based on the aforesaid notice, Telizon may rescind the said notice in which case your notice of intention to terminate will be deemed rescinded and the Agreement will continue on its original terms.
2.03 Service: Reasonable Use
Telizon voice services are for typical business use. Telizon reserves the right to charge an explicit rate for Long Distance calls to Canadian Independents (including 867) if it exceeds 3% of total monthly Canadian minutes, to USA Independents (including 808 and 907) if it exceeds 30% of total monthly USA minutes, whether the minutes are part of a package or not. Unlimited plans are subject to a reasonable use aggregated limit (excluding incoming, Telizon VoIP to Telizon VoIP and internal calls) of 6000 minutes per month. Telizon reserves the right to substitute an alternate call plan should your use contravene this policy. The use of outbound auto dialers or predictive dialing software is NOT permitted unless specifically approved by Telizon in writing.
2.04 Service Obligations
Telizon's obligations under this Agreement do not extend to any relocation, maintenance, repair, rearrangement, alteration or adjustment which becomes necessary due to, resulting from or in any way related to, damage, misuse or failure on the part of the Customer. The Customer acknowledges that Telizon may charge the Customer for any work that is performed to correct issues beyond Telizon's reasonable care and outside of Telizon's control.
2.05 Internet Traffic Management Practices (ITMP) and Internet Acceptable Use Policy (AUP)
Where the Customer subscribes to Telizon for Internet services Telizon strives to provide the best experience for the Customer. When the network experiences congestion Telizon may prioritize traffic to ensure voice quality. Customer Internet use is also governed by the Telizon AUP. For complete details on our policies see www.Telizon.biz/legals.
2.06 Equipment
Some Telizon Services require equipment to be shipped from Telizon to the Customer for use with the Service. The following terms apply to Equipment use and returns:
(a)All equipment provided by Telizon for the purpose of providing the Services under this Agreement shall at all times remain the property of Telizon and must be returned in resalable condition to Telizon upon termination of this Agreement or demand by Telizon.
(b)Unless specifically approved by Telizon in writing, all installation of the equipment shall be done by Telizon or its contractors and Customer must provide reasonable access during business hours to install and service as may be required from time-to-time.
(c)The Customer shall be responsible to Telizon for loss or damage to all equipment in their care and control except where directly caused by negligence of Telizon or its' agents. Therefore Telizon strongly recommends the Customer use surge protection equipment to protect against damage from power surges. Telizon may provide a power bar as part of the initial installation. Such device does not constitute equipment as defined here. Should it need to be replaced it will be the Customers responsibility.
(d)All in-building cabling must be provided by the Customer to Telizon specifications.
(e) All equipment that must be returned to Telizon for any reason must be at the Customers' expense. Telizon will not accept collect packages or pay to have packages picked up. All returned equipment must be returned in resalable condition. For Equipment returned in less than resalable condition, Customer will be charged for refurbishing or replacement as determined by Telizon.
(f) Replacement: If the equipment is deemed defective by Telizon, and new equipment is shipped to the Customer, the Customer is responsible at his own expense for the safe return of the defective unit to Telizon in good physical condition at the address indicated by Telizon representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Telizon.
(g) Cancellation: Upon cancellation of Telizon Services, the Customer is responsible at his own expense for the safe return of the equipment to Telizon in re-sellable condition at the address indicated by Telizon representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Telizon.
(h) Fees: During a Trial period where equipment is required by the Customer and Telizon has provided such equipment to be used with the Service at no cost (Trial Equipment); Customer must obtain an RA number prior to the expiration of the Trial Period. After the Trial Period the Customer is deemed to have accepted the Trial Equipment, and contract obligations; equipment returns will not be accepted by Telizon.
2.07 Equipment Warranty
Equipment purchased from Telizon carries a twelve (12) month manufacturer's warranty from the date of Service activation. Extended warranties may be available for purchase from Telizon for an additional cost.
2.08 Directory Listing
Telizon does not automatically provide directory listings. Directory listings are available in select serving area and by request only. In the case of errors or omissions in the telephone directory, White and Yellow standard listings, whether or not the error or omission is with regard to a telephone number, Telizon’s liability is limited to canceling any charge associated with such listings for the period during which the refund, or error or omission occurred. Customers do not have property rights in telephone numbers assigned to them. Telizon may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient. Unless specifically listed herein all lines are featureless and each feature must be subscribed to separately.
3.01 Security Systems
Voice Over IP (VoIP) may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to monitor your premises. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with any Telizon Service.
3.02 Fax Machines
VoIP can work with most fax machines, however due to various machine configurations, Internet connectivity, bandwidth fluctuations; faxing using your fax machine and Telizon VoIP Services may operate inconsistently and Telizon assumes no liability whatsoever and provides no guarantee that faxing will work.
3.03 Point of Sale Machines and Postage Machines
Telizon does not recommend, nor assumes any liability whatsoever for, point of sale machines or postage machines designed for analog telephone lines. Due to various machine configurations and Internet connectivity variations Telizon’s VoIP Services may operate inconsistently and Telizon does not recommend nor assumes any liability whatsoever and provides no guarantee that point of sale machines will work.
3.04 Paging Systems
VoIP can work with some analog paging systems with the use of an ATA, however, due to various machine configurations additional equipment may be required to successfully integrate these Services. Telizon does not warrant interoperability nor does Telizon integrate such third party solutions. The Customer will need to retain their own resources to integrate paging systems. Telizon VoIP Services may operate inconsistently and Telizon assumes no liability whatsoever and provides no guarantee that connecting an ATA to an analog paging system will work.
4.01 General Terms
(a) Enurement/Assignment: These Terms are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Customer shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Telizon.
(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by the Customer.
(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms
(d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province.
(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all previous discussions, negotiations and agreements.
(f) French: The Customer confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.
4.02 Customer Responsibilities
Where Telizon provides equipment as part of the Service, the Customer understands that they are responsible for the reasonable care and safe keeping of all Telizon equipment including providing adequate space, power and ventilation.
Customer agrees to provide Telizon and its agents access to its premises, including power and support, at Telizon's reasonable request to make installations, Service, inspection, tests, and adjustments as are necessary for the provision of the Services and in order for Telizon to repossess or remove any and all equipment or facilities it has provided for the provision of the services.
VoIP and 911 Services
(a) With both traditional 9-1-1 and E9-1-1 Service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 Service, your call back number and address are visible to the emergency response centre operator. With Telizon's 9-1-1 Service, your call is sent to a national emergency call centre. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have this information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.
(b) Your 9-1-1 Dialing service is enabled when you activate your Telizon VoIP service. You should ensure your location information is kept current at all times. Telizon VoIP services are portable to any location with broadband Internet access. Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your Telizon VoIP services in Canada or the USA. Simply log into "Business Care" at https://BusinessCare.Comwave.net, and click on the 9-1-1 Address option to update your address. In case you are not able to speak during the 9-1-1 call, the operator will dispatch emergency response vehicles to your last registered address. Remember that you must update your 9-1-1 information if you move your device to a different location, travel in Canada with your Telizon Phone service, and if you add a new line to your account.
(c) Remember that your 9-1-1 Dialing Service will not function in the event of a power or broadband outage or if your broadband, ISP or Telizon service is suspended or terminated. We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.
(d) You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 Service as set out above. Telizon provides stickers warning of the 911 limitations. It is your responsibility to place these stickers on the equipment you use to access the Hosted PBX and VoIP services. If you have not received a sticker or require additional 911 stickers, please call Telizon at 1.877.835.4066.
(e) Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.
(f) You Acknowledge and agree that neither Telizon 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 9-1-1 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 Telizon, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.
1.0 Service Availability:
You may only subscribe for Internet Service if available in your geographic area. Telizon reserves the right to deem Internet unavailable to you at anytime. If such an event occurs Telizon will not charge you applicable fees, provided that you must return all Internet equipment provided by Telizon in its original and proper physical and functional condition within the time specified in this Agreement.
1.1 Service Speed:
Internet Service is provided on a Best Efforts basis. Telizon does not guarantee the speed of any Internet Service. The speed of Internet Services is dependent on various factors, some of which are not under our control, including the distance of the customer from our network equipment or the usage by other customers in that geographic area. As such we do not guarantee the maximum service performance(i.e. throughput or speed). Internet speed may also be affected by traffic management practices that area applied to the service. To learn more about traffic management practices see Internet Traffic Management Policies (ITMP).
1.2 Fair Usage Policy:
The Customer acknowledges and agrees that the expression “unlimited usage” used in advertising for Internet Service refers to the time allowed for using the Internet Service based on intermittent use. Abuses of the network with excessive usage as solely determined by Telizon, and after notice from Telizon, may result in either the customer being transferred to one of Telizon’s metred usage plans or the suspension or termination of service, in which case the customer remains obligated to pay amounts owed for any remainder of a contract period.
1.3 Additional Terms:
You acknowledge and understand that when using home networking and internet service, that there are certain inherent risks (e.g. others may gain access to your system or you Services and Accounts). Telizon shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Telizon.
1.4 Change in Telephone or Cable Service:
If a change in your local service is requested from your local phone or cable company, it is your responsibility to advise us of the changes as this could affect the Services you obtain from us. This notification includes moves, regardless of whether your phone number changes. Any applicable cancellation and/or re-installation charges relating to your services will be charged to your account.
The Customer is solely responsible for use of the Services by any of its employees, officers, directors, agents and any other end user of the Services (collectively, the “End Users”). The Customer agrees to comply, and to ensure that, the End Users comply with the following policies and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as “you”).
2.01 Rules
While using the Service, you may not:
(a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
(b) post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
(c) post or transmit any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;
(d) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;
(e) use the Service for an unattended automated operation, including but not limited to point-of-sales applications;
(f) engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
(g) use the Service for simultaneous sessions using the same User ID and Password.
2.02 Your Equipment:
It is your responsibility to ensure that your computer system meets the minimum requirements stated by Telizon as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
2.03 You Can Best Control the Risk and Therefore Are Responsible
Telizon will not assume any responsibility for your acts or omission or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Telizon and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.
2.04 Monitoring
Telizon has no obligation to monitor the Service. However, in order to protect itself and its subscribers, Telizon will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Telizon will not intentionally monitor or disclose any private e-mail message unless required by law. Telizon reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.
2.05 Content
You acknowledge that some content, products or services available with or through the Service ("Content") may be offensive or may not comply with applicable laws. You understand that neither Telizon nor any of its affiliates attempt to censor or monitor any Content. You also acknowledge that neither Telizon nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. Customer understands, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet. Telizon and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
2.06 Privacy
Telizon cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Telizon therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Telizon, its affiliates and its agents shall be relieved from all liability in connection therewith.
2.07 Email
Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. Users will not use another site's mail server to relay mail.
2.08 Usenet
Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists. Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owned-published FAQ or description of the group or list.
2.09 System and Network Security
Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Telizon’s or a third party’s network, data or information. Users are unauthorized to monitor Telizon or third party’s data, systems or network traffic. Users are prohibited to interfere with service to any user, host or network including without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.
2.10 VIOLATION OF ACCEPTABLE USE POLICY
Telizon considers the above practices to constitute abuse of its service. Therefore, Telizon’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Telizon’s services in accordance with the Customer’s agreement with Telizon. Nothing contained in this policy shall be construed to limit Telizon’s actions or remedies in any way with respect to any of the foregoing activities. Telizon reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Telizon service, and levying cancellation charges to cover Telizon’s costs. In addition, Telizon reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Complaints regarding email, USENET abuse, SPAM, Illegal Use and System or Network Security issues should be sent to security@comwave.net
2.11 Interruption of Service
Telizon may, further to a request from the police and/or a notice sent to the Customer, immediately interrupt the Customer’s internet access should it be of the opinion that the Customer has breached its undertakings set out above by engaging in any of the following activities:
(a) Transmitting or helping to transmit unsolicited emails (spam);
(b) Transmitting or helping to transmit pyramid emails;
(c) Uploading or downloading, recovering or storing any information, data or material that could be considered defamatory or obscene, contains hate literature or child pornography, violates or infringes any right, title to, or interest in, intellectual property belonging to a third party; or
(d) Transmitting or helping to transmit any file or document containing a “worm”, “Trojan horse”, or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.
Telizon High Speed Internet services are delivered over a network which is shared among Telizon customers. Congestion can occur in any network when many people are using the network at the same time or are engaging in activities that use a large amount of bandwidth. Telizon Internet Traffic Management is designed to ensure that if congestion reaches a certain level the majority of customers continue to have a good Internet experience.
Telizon Internet Traffic Management assigns the highest priority to time-sensitive and priority Internet traffic such as VOIP and gaming, a high priority to applications such as web browsing, email, instant messaging and streaming, and normal priority to other activities.
Telizon Internet Traffic Management continuously monitors our network. When Internet traffic is light, all applications run at full speed. When congestion is detected, Telizon Internet Traffic Management assigns higher priority levels to time-sensitive and priority Internet traffic like VoIP, video streaming and gaming to ensure that they are not swamped by the traffic of very resource-intensive (but not very time-sensitive) applications like file downloads and peer to peer traffic.
During peak periods, when congestion occurs, downstream peer to peer traffic and similar non real-time applications are regulated to allow for real-time applications such as video streaming, chat, gaming and VOIP the best possible user experience. Traffic that is not prioritized, such as the traffic of resource-intensive applications, is slowed as a result of time-sensitive and priority traffic being prioritized. It is not possible to define the exact impact that Telizon Internet Traffic Management will have on the speed of traffic that is not prioritized, such as the traffic of resource-intensive applications, when congestion occurs.
Under normal circumstances, everything runs at maximum speed. If the network becomes congested, Telizon Internet Traffic Management makes sure that the traffic of time-sensitive and priority activities receives priority over the traffic of non time-sensitive activities in order to maintain a quality Internet experience for all users. Network priority is assigned to the type of Internet traffic and Telizon Internet Traffic Management does not discriminate against any vendor, service provider or website.
Telizon Inc. recognizes that your right to privacy is an important issue. As such, we have implemented a Telizon Customer Privacy Policy that adheres to the ten privacy principles and manages and protects your personal information while you are using Telizon's telecommunications products and services. This policy will also govern the behaviour of our employees and agents acting on our behalf.
In addition to the Telizon Customer Privacy Policy, Telizon may also be subject to the requirements of applicable legislation, tariffs and regulations and the orders of any court or other lawful authority.
Personal information is information that uniquely identifies an individual. This includes information about the products and services that are provided to you by Telizon. Publicly available information, such as your name, business and personal address, telephone number, facsimile number and electronic address is usually not considered personal information.
Personal information is only collected to enable Telizon to provide the products and services that you have requested from Telizon.
Your personal information will not be used for any other purposes without your consent and Telizon will never sell or give away your personal information for reasons other than required to provide you with Telizon's products and services.
In some cases, during user interaction with one of our Internet sites, users' non-personal information and data may be automatically collected using a browser feature called a 'cookie'. A cookie is a small text file that is used on websites to recognize repeat visitors and track usage behaviour. Data is accumulated from visitors to the site and used to enhance/improve the website and the experience of future visitors to the website. Most browsers allow users to disable cookies but some features on certain websites will require that cookies be enabled in order to use the features of the website.
Telizon's Privacy Policy is segregated into ten principles.
For more information, please contact our Privacy Office as follows: E-mail: privacy@telizon.biz
More information as well as a copy of the federal legislation is available through the Privacy Commissioner of Canada website at www.privcom.gc.ca.
It is the policy of Telizon to create a discrimination- free environment that recognizes the individual accessibility needs of our customers and our staff.
Telizon will make every reasonable effort to ensure that its policies, practices and procedures are consistent with the principles of dignity, independence, integration and equal opportunity by:
This policy is intended to meet legislated requirements in all locations where we operate, and applies to the provision of goods and services to the public or other third parties, not to the goods themselves.
It is the responsibility of Senior Management to ensure that all Employees follow the guidelines set out in this policy.
Senior Management is responsible to ensure that all employees are trained under Accessibility Standards for Customer Service and this policy, practices and procedure.
This section of the policy addresses the following:
1. Assistive Devices
Persons with disabilities may use their own assistive devices as required when accessing goods or services provided by Telizon.
2. Guide Dogs, Service Animals and Service Dogs
A customer with a disability that is accompanied by guide dog, service animal or service dog will be allowed access to premises that are open to the public unless otherwise excluded by law. “No pet” policies do not apply to guide dogs, service animals and/or service dogs.
The customer that is accompanied by a guide dog, service dog and/or service animal is responsible for maintaining care and control of the animal at all time.
3. Support Persons
If a support person accompanies a customer with a disability, Telizon will ensure that both persons are allowed to enter the premises together, and that the customer is not prevented from having access to the support person.
4. Feedback Process
Telizon offers the opportunity for our Clients and Customers to provide feedback on their experience by accessing our website at http://www.telizon.biz/contact-us/ or by contacting our Customer Care department by email businessinquiry@telizon.biz or phone 1-877-835-4066.
Written feedback can also be sent by mail to:
Telizon Inc., P.O. Box 627, Barrie, ON L4M 3A7
Customers that provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.
5. Training
Training will be provided to:
Training Provisions
Record of Training
Telizon will keep a record of training that includes the dates training was provided and the number of employees who attended the training.
6. Notice of Availability
Telizon shall notify customers that the documents related to the Accessibility Standard for Customer Service are available upon request and in a manner that takes into account the person’s disability. Notification will be given by posting the information in a conspicuous place owned and operated by Telizon, such as Telizon’s website.
7. Notice of Temporary Disruption
Telizon will provide Clients and Customers with notice in the event of a planned or unexpected disruption in the facilities or services usually used by people with disabilities. This notice will include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if available.
The notices will be placed on Telizon’s website and/or at all public entrances on our premises where applicable.
This plan describes the measures that Telizon has taken and measures that will be taken by 2019 to identify, remove and prevent barriers for people with disabilities to improve the experience for our Employees, Customers and Clients.
1. Reviews the steps taken to date to remove and prevent barriers to people with disabilities.
2. Describes the process by which Telizon will identify, remove and prevent barriers to people with disabilities.
Telizon is committed to providing goods and services to our Employees, Customers and Clients in an Accessible manner.
In recognition of the diverse needs of our Employees, Customers and Clients, Telizon shall ensure that our policies, procedures and practices address dignity, independence, integration and equal opportunity.
Employee Training
Telizon will provide training to all Employees who work with Customers and Clients on their behalf, and all those who are involved in the development and approval of customer service policies, practices and procedures. In addition, training will be provided for all new hires within 30 days of their start date.
Training Includes
1. The purpose of the Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of the Customer Service Standard.
2. How to interact and communicate with people with various types of disabilities.
3. How to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person.
4. What to do if a person with a disability is having difficulty in accessing Telizon’s goods and services.
5. Telizon’s policies, practices and procedures relating to the customer service standard.
Training will also be provided on an ongoing basis in connection with changes to applicable legislation, and/or policies, procedures and practices related to providing goods and services to people with disabilities.
Record of Training
Telizon will keep a record of training that includes the dates training was provided and the number of employees who attended the training.
Communication
Telizon will communicate with people with disabilities in ways that take into account their disability. We will train Employees who communicate with Clients and Customers on how to interact and communicate with people with various types of disabilities. Customers and Clients will be offered alternate communication formats to meet their needs.
Format of Documents
Telizon is committed to providing accessible documents to all of our Employees, Customers and Clients. Documents such as, but not limited to, Policies and Procedures, Invoices, Receipts, etc. will be provided in a format that takes their disability into consideration upon request.
Telizon and the person with a disability requesting the document shall agree upon the format to be used. The timeframe attached to the process to convert the document to an alternate format may vary depending on the complexity.
We will answer any questions Customers and Clients may have about the content of the documents in person, by telephone, or via email.
Assistive Devices
Telizon is committed to serving people with disabilities who use Assistive Devices to obtain, use or benefit from our goods or services. We will ensure that our Employees are trained and familiar with various assistive devices that may be used by Customers and Clients with disabilities while accessing our goods and services.
Support Persons
Telizon is committed to welcoming people with disabilities who are accompanied by a support person. Any Customer or Client with a disability who is accompanied by a support person will be allowed to enter Telizon’s premises with his or her support person.
Guide Dogs, Service Animals and Service Dogs
Telizon is committed to welcoming people with disabilities who are accompanied by a service animal on the parts of our premises that are open to the public and other third parties. We will also ensure all Employees and others working with Customers and Clients are properly trained in how to interact with people with disabilities who are accompanied by a guide dog, service animal and service dog.
Notice of Temporary Disruption
Telizon will provide Clients and Customers with notice in the event of a planned or unexpected disruption in the facilities or services usually used by people with disabilities. This notice will include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if available.
The notices will be placed on Telizon’s website and/or at all public entrances on our premises where applicable.
Telizon offers the opportunity for our Customers and Clients to provide feedback on their experience by accessing our website at http://www.telizon.biz/contact-us/ or by contacting our Customer Care department by email businessinquiry@telizon.biz or phone 1-877-835-4066.
Written feedback can also be sent by mail to:
Telizon Inc., P.O. Box 627, Barrie, ON L4M 3A7
Key Outcomes
People with disabilities who are Telizon Employees, Customers or Clients will receive goods and services in a timely manner.
1. Telizon Employees are able to identify barriers to accessibility and actively seek/provide accessible solutions to other Associates and our Customers and Clients.
2. Information and communications are available in accessible formats upon request to all Telizon Employees, Customers, and Clients.
3. There is greater accessibility at our facilities for our Employees, Customers, and Clients.
Policies
1. New and existing policies will embed accessibility into day-to-day business practices.
2. Policy and program reviews will take place to identify and fix barriers to accessibility.
People
1. Existing Employees have been trained on how to interact with our Customers and Clients with accessibility considerations.
2. Employee training to support Accessibility considerations will take place within the first thirty (30) days of hire.
3. Accessible Human Resources and Learning and Development Practices have been put in place.
Communications
1. Accessible feedback mechanisms are in place with multiple formats available upon request.
2. Notice of Disruption process is in place.
Technology
1. Accessible internet sites and business applications will be in place.
2. Materials are available in accessible formats on request.
Infrastructure
Accessibility for Telizon's facilities will be reviewed from both the Employee and Customer perspective and updated as needed to meet the new accessibility requirements of the Build Environment Standard.
