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Terms of Service

The terms and policies referenced here will govern your use of Telehop's site and services.

Telehop Communications Inc. ("Telehop")

Terms and Conditions of Service ("Agreement" or "Terms") for Residents of Newfoundland

BY ACTIVATING AND USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. TELEHOP'S PRIVACY POLICY AND ACCEPTABLE USE POLICY ARE INCORPORATED BY REFERENCE AND FORM AN INTEGRAL PART OF THESE TERMS. THERE ARE IMPORTANT 9-1-1 CONDITIONS RELATED TO TELEHOP HOMEPHONE SERVICE, PLEASE REVIEW THESE TERMS.

General

For the purposes of these Terms:

"Month-to-Month Services" means any Services that You subscribe to that does not contain a service term commitment.

"Residents of Newfoundland" means residents of Newfoundland and Labrador who subscribe to the Services and to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies.

"Service(s)" mean the telecommunications services Telehop provides to You, including, as the case may be: (A) long distance service ("Long Distance"); (B) dial-around long distance voice services (e.g. Dial 10-10-100; 10-10-620; "Dial-Around"); (C) Telehop #100 Service; (D) Internet access ("Internet"); (E)Telehop local phone services ("HomePhone"); and any Telehop facility and/or equipment ("Equipment") associated with the Services.

"User" includes any person (including but not limited to you ("You" and "Your") that uses or accesses the Service(s). Derivative terms such as "Usage" and "Use" will have corresponding meanings.

"Telehop" means Telehop Communications Inc.

"Term Service" means any Service that You subscribe to that includes a service term commitment.

Use of Service

You agree that any Users will Use the Services only for lawful purposes and Your own internal use only, and You shall not resell, transfer or make a charge for the Services or the Equipment without the prior written approval of Telehop. The Services are intended for residential use only, and you shall not Use the Service for business use, including, but not limited to, call centers, autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, or telemarketing.

You acknowledge that Telehop may terminate the Service(s) immediately, without any notice and liability to You whatsoever, if, at the sole discretion of Telehop, You or any User misuses or permits others to misuse or abuse any Service for purposes that are contrary to law, contrary to these Terms, if Telehop has to preserve the integrity of the network, or comply with laws or other regulatory orders or tariffs.

You are liable for any and all Use of the Services by any User, and You agree to indemnify Telehop against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such Use.

In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services, and Telehop makes no representation or warranty that the Services are compatible with any particular facilities, equipment or other infrastructure. Telephone numbers and numbers or addresses for other Services (e.g. HomePhone, IP addresses, etc.) are a limited public resource. You do not own the number(s) assigned to You and Telehop reserves the right to change the number(s) assigned to You. Telehop will take all reasonable measures to prevent such an occurrence.

Amendments to Agreement

Telehop may change or update, at any time but upon no less than thirty (30) days prior written notice to You: a) with respect to a Month-to-Month Service, any charges, features, content, functionality or other aspects of a Month-to-Month Service, and b) with respect to a Term Service, any aspects of the Term Service, other than the price, term or nature of that Term Service or any other essential element of the Term Service. Telehop will post an updated version of the Terms on its website available at www.telehop.com/home/legal-quebec and will additionally give You notice of any changes by mail or messaging on your monthly bill. The notice will contain the new or amended term or provision, the former version of that term or provision (if applicable), the date that the amendment will come into force, and your rights, which are described as follows. If a change to a Month-to-Month Service or Term Service entails an increase in your obligations or decrease in Telehop's obligations and if You do not accept such a change, you may terminate the affected Services without penalty or early cancellation fee by sending Telehop a notice to that effect no later than thirty (30) days after the amendment takes effect.

In the event of any such change or modification, You will be responsible for paying all charges incurred for Use of such Service including any charges arising out of the change or modification. In the event of a termination of a Service, plan or Service or plan feature by Telehop, You will be responsible for paying all charges incurred up to the applicable termination date.

Responsibility for Charges

You are responsible for all charges for Services subscribed to by You, including system access fee(s), monthly service charges, restoral fees, transfer fees, long distance fees and any other charges incurred in using Your Services, regardless of who used the Services, including all calls originating from Your premises and all calls charged to Your line where any person answering the line agrees to accept such charges. A list of such charges is available on request and is incorporated into this Agreement by reference.

For monthly billed customers, Long Distance Services billed on a per minute basis include a minimum monthly charge of $2.99. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, TTY, Message Manager, Telephone Rental Sets, Circuits, Prestige Numbers, etc. will result in additional monthly charges from Telehop.

For prepaid customers, charges will commence as of the activation date for the applicable Services. Telehop will charge you based upon call duration in one minute increments.

Call timing will be determined conclusively by Telehop's network systems. Any fraction of an increment will be treated as an entire increment. You must bring inquiries and disputes regarding charges to Telehop's attention within 150 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects. Where your Services are cancelled, either by you or by Telehop, and there is an undisputed credit balance on your account, you may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180 day period, it shall become the property of Telehop, and any account credits provided by Telehop will expire. Telehop reserves the right to charge a reasonable processing fee in connection with issuing refunds.

Unless there has been deception with regard to a charge, You will not be responsible for paying a previously unbilled or under-billed charge that is billed more than one year following the end of the month in which such charge was incurred. Improperly billed or overbilled charges will be credited, provided that You dispute such charges within 150 days of the date of the bill. In the circumstances described in this section, unless there has been deception, Telehop will not charge You interest on the amount of the correction. If You are credited with any amount that should not have been billed or that was overbilled, interest must also be credited on that amount at the rate payable for interest on deposits that applied during the period in question.

Other Commitments

If You accept an Equipment upgrade or other promotion or plan benefit, such as a free month of Service, free installation, a rebate or other incentive, there be a commitment associated with the benefit you accepted ("Commitment"). To the extent there is a Commitment, it begins on the date You active the new Equipment or accept the promotion or benefit. The Commitment period will be disclosed as part of the promotion or plan. If You disconnect the applicable Service(s) prior to the end of the Commitment period, You agree to pay Telehop a recovery fee in an amount equal to the difference between the price You paid and the regular price for the good, service or other benefit You received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other charges or fees You may owe Telehop, including termination fees.

Special Terms and Conditions Related to Services

Please see Telehop's website at www.telehop.com or contact Telehop's Customer Service as provided in these Terms for updated rates, fees, terms, charges, pricing and features applicable to any specific Service, including those described below. Minimum contract terms may apply for the subscription of certain Services and/or service plans thereof.

Long-Distance

  • "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 and are subject to a Fair Use Cap of 3000 minutes per month.
  • Calls to area code 867 in Nunavut, Northwest and Yukon Territories, and calls to Alaska and Hawaii are excluded from Unlimited North America calls. Further, transferred or forwarded calls do not apply.
  • If your calling plan consists of a specific number of minutes (e.g. 2000 minutes per month), those minutes will expire after 30 days and Your account will be credited with new monthly minutes each month. Any overage minutes in excess of your monthly package allotment will be charged at Telehop's standard world-talk rates.
  • If Your calling plan is billed on a per minute basis, there is a minimum monthly charge of $2.99 for post paid customers.
  • International calls made to mobile phones or special numbers may be charged at a higher rate.
  • You agree that Telehop may monitor Your account for misuse and if Telehop determines, in its sole discretion that Your use is not for conventional residential purposes, Telehop may terminate Your use of the plan or switch You automatically to another plan.
  • You acknowledge that after you subscribe to the Service, there may be a transition period before You are moved from your previous provider and will therefore continue to be liable for any usage charges incurred during such period to that provider.
  • Current rates and charges for Long Distance are available on our rates page www.telehop.com/long-distance.

Dial-Around

Internet

You may only subscribe to Internet if available in Your geographical area. Telehop reserves the right to deem Internet unavailable to You at any time. If such an event occurs, Telehop will not charge You applicable fees, provided however, that You must return all Internet Equipment provided to You by Telehop in its original good and proper physical and functional condition and within the specified time in this Agreement. Internet is provided on a best efforts basis.

To use Internet Service, Telehop will provide you with modem equipment either on a leased or purchased basis, which will be shipped to You. Alternatively, You may use Your own modem equipment, provided it is compatible with Telehop's network. Please see www.telehop.com/internet/#hardware for a list of compatible networks.

Service activation is not immediate and the entire provisioning process may take more than ten (10) business days (including shipping).

Telehop does not guarantee the speed of any Internet Service provided by Telehop. Speed of Internet is dependent on various factors, including the distance of the customer from Telehop's network equipment or the distance of the customer from the facilities of the wholesale provider Telehop uses to provide Service. Additional surcharges may apply. You may contact our customer for service availability.

Home Phone

"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 and are subject to a Fair Use Cap of 3000 minutes per month. Unlimited North America calls excludes calls to area code 867 in Northwest and Yukon Territories, and calls to Alaska and Hawaii, and does not apply to transferred or forwarded calls. When using the Home Phone service, it may impact the upload and download speeds of Your Internet service. Additional surcharges may apply. You may contact our customer for more information.

Service Limitations for Home Phone: You acknowledge and understand that the Home Phone 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 TELEHOP as set out in these Terms.

9-1-1 LIMITATIONS: 9-1-1 service associated with Telehop HomePhone HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW: THE type of 9-1-1 service available to You depends on where and how You use Your phone. There are two types of 9-1-1- service: 1) E9-1-1 Service You will have E9-1-1 service if your HomePhone telephone number corresponds to your address and municipality where you permanently use your HomePhone Service and E9-1-1 is available in your serving area. If You dial 9-1-1, Your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to Your address and the emergency operator will have Your telephone and address information. You may be required to verify Your name, telephone number and address with the emergency operator. 2) Basic 9-1-1 Service Basic 9-1-1 Service is provided in the following two situations. You will have Basic 9-1-1 Service if your HomePhone telephone number does not correspond to your address and municipality where you permanently use your HomePhone service or if you live in a serving area in which E9-1-1 from Telehop 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 You will have Basic 9-1-1 Service if You intend on using Your HomePhone 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.

SERVICE OUTAGES: YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR TELEHOP HOMEPHONE SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK.

IN THE EVENT OF A POWER FAILURE, TELEHOP HOMEPHONE SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE TELEHOP HOMEPHONE SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE TELEHOP HOMEPHONE SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT TELEHOP HOMEPHONE SERVICE, INCLUDING 9-1-1 SERVICE.

YOU AGREE TO IMMEDIATELY ADVISE TELEHOP IF You intend on changing the address from which You use Your TELEHOP HOMEPHONE 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. YOU ACKNOWLEDGE AND AGREE THAT TELEHOP 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 TELEHOP (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

Telehop does not currently offer collect calling or operator services.

Telehop Equipment and Facilities

Where required for Internet and HomePhone Services, Telehop will provide and may install Equipment, required to provide You with Services, including cables, power supply, installation software and other products. Unless you purchase the Equipment from Telehop, the Equipment at all times will remain the property of Telehop, 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. If You choose to use equipment not provided by Telehop, You accept that Telehop will not provide support for such equipment and does not guarantee performance of such equipment and Service. Equipment shall be deemed to have been delivered in good working condition unless You give notice to Telehop to the contrary within five (5) days of receiving the Equipment. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, and in the case of Home Phone Equipment, to not change electronic serial number or equipment identifier of the Equipment, or to perform a software reset of the Equipment, except by prior written agreement with Telehop. Terminal equipment provided by You may be connected with Telehop's facilities only by prior special written agreement with Telehop. If You tamper with the Equipment, Telehop reserves the right to terminate Your Service, in which case You will be responsible for all charges for Your Service(s) and Equipment. You agree that if You make unauthorized changes to any Equipment provided to You by Telehop which results in Service problems or downtime, Telehop will charge You and You agree to pay Telehop' cost for any effort involved in the restoration or repair of Service to You. If You lose or damage the Equipment, Telehop will charge You its standard rates to replace the Equipment. If the Equipment malfunctions during its intended use, Telehop, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that Telehop's liability and Your sole remedy is limited to a refund of charges or replacement by Telehop of such Equipment, provided that You notify Telehop 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 Telehop' cost for such repair. You agree that You are responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to Telehop in good physical and functional condition. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in Telehop's sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in Telehop'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 Telehop.

If you lease the Equipment from Telehop, upon cancellation or termination of the Services, You agree to return, at your own expense, the Equipment to Telehop in good working condition within thirty (30) days of cancellation/termination or within the time specified by Telehop. You are responsible for continuing charges for the Equipment until its return. If You fail to return the Equipment within the required time, Telehop will retain the deposit provided by You at the start of the Service activation.

Telehop Right to Enter Premises

Telehop'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.

Term and Your Termination of Service(s)

The initial term of the Services will begin the date that Telehop activates your Service. If You subscribe to a Term Service(s), Your Service(s) will automatically renew for the same successive term(s) unless you provide Telehop with a written notice of termination at least thirty (30) days before the end of the applicable term. Telehop does not accept third party termination requests.

If You subscribe to Month-to-Month Service(s), You may cancel Your Service(s) at any time, by contacting Telehop as specified in the notice section of these Terms. Upon cancellation of such Service(s), You will remain responsible and agree to pay all charges which You owe Telehop until the effective date of Your cancellation, recognizing that for certain Services (e.g. Long Distance), there may be a transition period before You are moved to another provider and will therefore continue to be liable for any usage charges incurred during such period, and You have paid Your account in full to the satisfaction of Telehop.

If you subscribe to Term Service(s), You may cancel Your Service(s) at any time, by contacting Telehop as specified in the notice section of this Agreement. and you will be responsible for all remaining charges payable over the remainder of the term, including, but not limited to, all fixed monthly charges, unbilled charges, plus a disconnection fee, if applicable. Such charges will immediately become due and payable. In addition, in the event that you lease Telehop Equipment as part of the Service(s), upon termination You will be charged the full value of the Equipment (the "Equipment Charge"). The Equipment Charge, less Telehop's applicable restocking fee, will be credited back to You provided the Equipment is returned Telehop in good working order within thirty (30) days from your termination notice. The Equipment Charge will not be refunded if Telehop does not receive the Equipment within this period.

Suspension and Termination by Telehop

Telehop may terminate any or all of your Services or accounts upon no less than sixty (60) days' advance notice to You at your billing address, unless you are in default of your obligations to Telehop, including one of the events of default described in the paragraphs below. If You subscribe to Term Service(s), Telehop may terminate such Service only if You are in default of your obligations hereunder or Telehop no longer has the technical ability to provide that Term Service. If your account has a credit balance over $10 on your final invoice, then Telehop will refund that balance to You within sixty (60) days of the date of that invoice.

Telehop may suspend or terminate Service, without any liability to You whatsoever, if You (or other User, as may be applicable): (a) fail to pay Your account that is past due; (b) fail to meet Telehop's credit requirements; become bankrupt or otherwise insolvent; harass, threaten or otherwise act unreasonably towards Telehop, its employees or agents; (c) are in breach of this Agreement; (d) Use the Services so as to prevent fair and proportionate use by others; (e) Use the Services contrary to law, public policy or decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or reasonable Usage policies instituted from time to time by Telehop; (f) charge or allow others to charge any other person for the Use of the Service without Telehop's prior written agreement; or (g) alter or otherwise interfere with Telehop's facilities, equipment, network or connections.

Prior to suspension or termination, Telehop will make reasonable efforts to provide You with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in Telehop's reasonable discretion, during which You will have the opportunity to rectify the reason for proposed suspension or termination.

Notwithstanding anything contained herein to the contrary, Telehop will not provide notice of a proposed suspension or termination: a) where immediate action must be taken to protect Telehop's facilities, equipment, network or connections, to protect the safety or security of others (including protection against abusive behavior), to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order or other legal requirement; b) where Telehop reasonably believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; or c) in an emergency situations.

In the event of a suspension or termination of the Service, all features and services, will also be suspended or terminated. A suspension or termination will not affect Your obligation to pay any amounts owed to Telehop either during or after the suspension or termination, including the full month's charges for the month where your Service is suspended or terminated. A reactivation fee will apply to reactivate Your Service after it has been suspended.

If the Service is suspended or terminated for non-payment or otherwise for cause relating any of the reasons listed above, a reconnection service charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Telehop cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.

Fraud

You agree to notify Telehop immediately, in writing or by calling the Telehop customer support at 1-888-835-3467 if You become aware at any time that Your Service(s) (or any aspect of the Service such as password, PIN or card number) is being or has been stolen or fraudulently, improperly or unlawfully used. When You notify us, You must provide Your account number and a detailed description of the nature of the fraudulent, improper or unlawful Use of the Service. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You. You will be liable for all Use of the Service(s), irrespective of fraudulent, improper or unlawful use of the Services. You are responsible for the security of your authorization codes, passwords and PIN numbers, if any, as well as any and all access to your telephones, telecommunications, Internet systems and the Service(s).

Credit and Personal Information

You consent and agree that Telehop has the right to and may check Your credit rating from time to time, including in advance of initiating the Service(s) to You. You consent to the receipt and provision of account information from and to credit grantors and credit bureaus, as well as collection agencies if and as required. You agree that, for Services other than Telehop Dial-Around and Telehop #100, You will give Telehop prior written notice of any changes to Your billing information, including but not limited to Your new address, new contact information and any revised credit card or other authorized payment mechanism information.

Telehop respects Your personal information and adheres to Telehop's Privacy Policy. You can read our Privacy Policy at www.telehop.com/home/privacy. Telehop's Privacy Policy affirms its customer commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that Telehop collects and uses to provide Service.

Telehop cannot ensure or guarantee the privacy of any information You choose to transmit through use of Telehop's Internet Service. Any such use shall be at Your sole risk and Telehop, its affiliates, agents and suppliers shall be relieved from all liability in connection therewith.

Consent Regarding Personal Information History

In order for us to process Your application for services and Your ability to meet Your financial obligations to Telehop, You authorize Telehop and its agents or assigns: (1) to request and obtain personal information about You on an ongoing basis from credit bureaus from information they previously collected about You in order to assess Your credit history; and (2) to co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to endeavor to protect You and Telehop from fraudulent transactions.

Confidentiality

Unless You provide express consent, or disclosure is required pursuant to a legal power, all information regarding You kept by us, other than Your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:

  • You;
  • a person who, in our reasonable judgment, is seeking the information as Your agent;
  • another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
  • a company involved in supplying You with telephone or telephone directory - related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
  • an agent retained by us in the collection of Your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
  • an agent retained by us to evaluate Your creditworthiness, provided the information is required for and is to be used only for that purpose;
  • a law enforcement agency whenever we have reasonable grounds to believe that You have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
  • a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

Express consent to disclosure may be obtained as follows:

  • by written consent;
  • by oral confirmation verified by an independent third party;
  • by electronic confirmation through the use of a toll-free number;
  • by electronic confirmation via the Internet;
  • by oral consent, where an audio recording of the consent is retained by us; or
  • by consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.

Provision of Service

Services are only available in Telehop's operating territory and only where it is possible and commercially reasonable for Telehop (in Telehop's sole determination) to provide such Service. You acknowledge and agree that Telehop may conduct a preliminary check to determine if a Service is available in Your area. In addition, Telehop is not required to provide Service to You where: i) Telehop would have to incur unusual expenses which You will not pay; for example, special construction; ii) You owe amounts to Telehop that are past due other than as a guarantor; or iii) You do not provide credit information satisfactory to Telehop or a reasonable deposit, as requested by Telehop from time to time and as determined, at least in part, by your Usage patterns and quantity. Where you have provided a deposit, simple interest, based on the monthly savings account rate of the Bank of Nova Scotia, will be paid on all sums retained on deposit from the date Telehop collects the deposit until it returns it to You. If your Service is terminated, Telehop will return any security deposits with applicable interest minus the outstanding final balance of your account within thirty (30) days of termination of your Services.

Service Interruption and Maintenance

Telehop may interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

Telehop does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures associated with the Services. You acknowledge that other than for Dial-Around and #100 Services, Telehop collects all charges pursuant to Telehop's preauthorized payment service, and that Telehop will debit Your credit card (Visa, MasterCard or American Express) or bank account (via electronic funds transfer following provision of a void cheque by You) monthly, generally on the 21st day of the month following the calendar month to which the charges apply. Telehop reserves the right to bill at more frequent intervals if the amount You owe at any time exceeds $50. For Services that include a monthly fee, Your charges for Your first month's bill may be pro-rated depending on Your Service activation date.

Telehop Dial-Around is billed by Your local voice service carrier on Your local telephone bill according to the billing cycle and practices of that carrier. Such charges will be recorded as: "Other Carrier Messages - Telehop".

Telehop #100 service is billed by Your mobile phone carrier on such carrier's telephone bill according to the billing cycle and practices of that carrier. Such charges will be recorded as: "Other Carrier Messages - Telehop".

In the event Telehop is unable to debit your credit card or bank account, or otherwise is not paid in respect of Your Use of Service, in addition to any other remedies available to Telehop, Telehop will charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum). Telehop will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

You acknowledge that Telehop may not issue cheques for refunds for any amounts lower than ten dollars ($10.00). In the alternative, You agree that that any refunds lower than ten dollars ($10.00) will be credited against Your account or, at Telehop's discretion, may be subject to a reasonably processing fee to refund.

Usage charges for all Telehop long distance voice Services will be billed individually in one-minute increments, subject to a one-minute minimum charge. Call timing will be determined conclusively by Telehop's network systems.

Additional per minute surcharges may apply for all Telehop long distance voice Services in respect of calls terminating on mobile phones or special country code terminations in certain countries.

All of Telehop's rates, fees, pricing and features are subject to change without notice. If You would like confirmation of such terms before using a Service, please verify with Telehop's web site at www.telehop.com. Alternatively, please contact Telehop Customer Service using the contact information described in these Terms. Telehop seeks to provide twenty-four hour turnaround on e-mail inquiries (customerservice@Telehop.com). Customer Service faxes should be sent to 1-416-494-3788.

Charges are exclusive of applicable taxes, including federal and provincial sales taxes.

A monthly paper billing charge of $1.99 applies if You chose to receive Your invoices by mail. This charge will be waived if You choose to receive Your invoice through Telehop's automated email billing system. Shipping and handling charges will apply for leased Equipment.

Telehop will pursue collection for unpaid amounts on disconnected any may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement. Any such costs incurred by Telehop in the collection of unpaid amounts will be passed on to You.

Warranty Disclaimer and Limitation of Liability

Telehop does not guarantee uninterrupted Services operation. Except as expressly provided in these Terms, Telehop 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, Telehop and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers make no warranty of merchantability or fitness for a particular purpose or use. Without limiting the generality of the foregoing, Telehop is not liable for:

  1. any disruption or interruption in Service(s) availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE
  2. 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 service);
  3. a User's conduct, acts or omissions, or the operation or failure of Your equipment or facilities;
  4. any event beyond the reasonable control of Telehop including acts of God, inclement weather including but not limited to 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; or
  5. Telehop's failure, for any reason, to activate or have readily available Service on the activation or Usage date requested by or conveyed to or by You.

Notwithstanding the foregoing, Telehop and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, will 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 Telehop 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.Any action or proceeding against Telehop by You must be commenced no later than one (1) year after the event giving rise to the action or proceeding. The provisions of this section will survive termination of this Agreement with You.

Other Indemnification

In addition to any other indemnities in these Terms, You agree to indemnify and defend Telehop, its affiliates, and each of their shareholders, directors, officers, employees, agents, contractors, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any action, inaction or breach of these Terms by You or other Users, including, but not limited to, legal and collection agency costs incurred by Telehop in connection with amounts owing on Your account. The provisions of this section will survive termination of this Agreement with You.

Telehop Intellectual Property

Telehop or its affiliates or licensors, as the case may be, are the exclusive owners of all names, trademarks, tradenames, service marks and any copyright material relating to the Services (“Intellectual Property”). Nothing in these Terms contemplates or creates permission of use of Intellectual Property for any marketing or advertisement by You or a transfer of license of Intellectual Property from Telehop to You.

General

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 Telehop 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. You may not assign, resell or transfer this Agreement or Service(s) to a third party without the prior written consent of Telehop. This Agreement will enure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees. Telehop 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 Telehop. The terms and provisions of this Agreement may only be waived in writing signed by Telehop. No failure by Telehop to insist upon Your performance of any obligation in this Agreement will constitute a waiver of the obligation. 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. This Agreement will be governed in by the laws of the province in which your billing address is located and you submit to the exclusive jurisdiction of the courts of such province. Your rights and remedies may vary by province.

You confirm that You accept these Terms, as well as all other related documents, including notices, in English only, unless , unless You specifically request French correspondence. Residents du Québec Seulement – Les parties aux présentes confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, soient rédigés en anglais seulement, à moins d’une demande expresse de l’une des parties à l’effet que les documents échangés soient rédigés en français.

For Quebec residents, click here.

To contact Telehop:

Customer Service Department
customerservice@telehop.com

Telehop Communications Inc.
675 Cochrane Drive,
East Tower, 6th Floor
Markham, ON L3R 0B8
Canada
Tel 1-888-TELEHOP (835-3467) Fax: 416-494-3788
www.telehop.com

Corporate Information