There are important 911 terms related to VOIP phone service 911 calling. Please review the entire Agreement. By activating this service, you acknowledge that you have read, understood and agree to these terms and conditions.
1.1 In this Agreement:
(i) “Service” or “Services” means any, some or all of:
(A) home phone services;
(B) business phone services;
(C) long distance services;
(D) internet services;
(E) any additional telecommunication, internet or information services and bundle thereof
(F) Pre-authorized agreements (PAD)
(ii) “You” and “Your” includes an applicant, customer, individual, corporation or other types of a legal entity, which has subscribed for services. This also includes every person you authorize to act as your agent with regards to a service or to use the service through one or more accounts that TNEXT has designated and provided to you (all such accounts hereinafter collectively called “Account” or “Accounts”).
(iii) “TNEXT” means TNEXT Communications Inc. or any of its subsidiaries.
1.2 Services offered by TNEXT are subject to the terms and conditions contained herein and additional terms and conditions related to a particular service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular service constitutes the entire Agreement between you and TNEXT and does not include any other written or oral representations or agreements.
1.3 This Agreement may be changed and updated from time to time at the discretion of TNEXT and TNEXT will post an updated version on its website available at https://tnext.ca/terms and may additionally give you notice of any changes by mail, e-mail or message on your monthly bill. Please refer to the TNEXT website for the latest Terms of Service agreement. In the event of any such change, you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification, and by your continued subscription to the services, you will be deemed to have accepted the change. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate the services. You cannot change this Agreement.
1.5 By entering into the Agreement, you authorize TNEXT to obtain information about your credit history and agree that TNEXT may share such information to others for the purpose of its business activities aligned to our credit experience with you.
1.6 Language. You confirm that you accept this Agreement, as well as all other related documents, including invoices and notices, in English only.
USE OF SERVICES
2.2 In order to obtain a subscription to a service, you must also be the age of majority according to laws of the province or territory of Canada applicable to the Agreement. By agreeing to the terms of the Agreement, you represent that you are of the age of majority according to such applicable laws.
2.3 You acknowledge that you are authorized to subscribe for the services and agree that you will not resell or transfer the services to any other person for any purpose or make any charge for the use of the service.
2.4 The services and any equipment furnished to you by TNEXT are for your conventional personal or business use only and may not be used in any other way or for any other purpose unless otherwise expressly in writing. You agree that your use of the services for commercial or any other non-residential purposes will obligate you to pay higher rates offered for such uses. TNEXT reserves the right to immediately suspend, terminate or modify the service if TNEXT determines in its sole discretion that your service is being misused, including without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use without expressly written agreement for that purpose.
2.5 No sales representative, dealer, agent, officer or employee of TNEXT has the authority to change or modify these Terms of Service, except pursuant to an official revised version of these Terms of Service, and you may not rely on any such change or modification.
RESPONSIBILITY FOR CHARGES
3.1 You are solely responsible for all access to, use of and charges for the services subscribed by you, including setup fees, monthly service charges, any restoral fees, long distance fees and any other charges incurred in using your Services, regardless of who used the services.
TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES
4.1 Ownership: Telephone numbers and numbers or addresses for other services (e.g. VOIP, Internet, Static IP addresses, etc.) are limited public resource. You do not own the number(s) assigned to YOU and TNEXT reserves the right to change the number(s) assigned to you. TNEXT may revoke and/or re-assign a number(s) in order to resolve any technical error and/or human error and/or any compliance purpose. TNEXT will take all reasonable measures to prevent such an occurrence.
4.2 Number Portability – You may be able transfer an existing telephone or wireless number to be your telephone number for your TNEXT Service(s) or transfer your TNEXT telephone to another service provider.
(i) Transfer From TNEXT – You may not transfer Your TNEXT telephone number if Your TNEXT account is not in good standing. You will remain responsible for all fees and charges for your service up until the date the transfer is fully complete.
(ii) Transfer to TNEXT – TNEXT will not be responsible for any termination fees imposed by any other service provider as a result of you transferring your number to TNEXT . TNEXT cannot guarantee or warrant the date on which you will be able to switch your number, nor can it guarantee or warrant that you will be able to transfer your number. Please see the section of these Terms and Conditions entitled “Warranty Disclaimer and Limitation of Liability,” below. In some cases TNEXT may offer you a temporary number until such time you are able to transfer your number to TNEXT .
ADDITIONAL TERMS AND CONDITIONS RELATED TO SPECIFIC SERVICES
5.1 Long Distance
(i) “Unlimited” type rate plans are based on your conventional personal and business, use only and do not apply to any other type of use.
(ii) You agree that TNEXT may monitor your account for misuse and if TNEXT determines, in its sole discretion that your use is not for conventional residential or business purposes, TNEXT may terminate your use of the plan or switch you automatically to another plan.
5.2 Digital Subscriber Line (DSL) Service and Service Availability
(i) You may only subscribe to DSL service if available in your geographical area. TNEXT reserves the right to deem DSL service unavailable to you at any time. If such an event occurs, TNEXT will not charge you applicable fees, provided, however, that you must return all DSL Service Equipment provided to you by TNEXT in its original good and proper, physical and functional condition and within the specified time in this Agreement.
5.3 VOIP Service
(i) Service Limitations: You acknowledge and understand that the service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the service offering provided TNEXT as set out in these Terms and Conditions.
(ii) 9-1-1 LIMITATIONS: 9-1-1 service associated with VOIP Service HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW:
The type of 9-1-1 services available to you depends on where and how you use your phone. There are two types of 9-1-1- service:
A. E9-1-1 Service – You will have E9-1-1 service if your VOIP Service telephone number corresponds to your address and municipality where you permanently use your VOIP Service and E9-1-1 is available in your serving area. If you dial 9-1-1, your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to your address and the emergency operator will have your telephone and address information. You may be required to verify your name, telephone number and address with the emergency operator.
B. Basic 9-1-1 Service – Basic 9-1-1 service is provided in the following two situations. You will have Basic 9-1-1 Service if your VOIP Service telephone number does not correspond to your address and municipality where you permanently use your VOIP Service or if you live in a serving area in which E9-1-1 from TNEXT is not available. If you dial 9-1-1, you will be automatically routed to a specialized call center that handles emergency calls. The call center 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 center operator.
You will have Basic 9-1-1 service if you intend on using Your VOIP service from multiple locations. You have access to 9-1-1 service, but because you may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever you dial 9-1-1, you will be automatically routed to a specialized call center that handles emergency calls. The call center 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 center operator.
(iii) SERVICE OUTAGES – You acknowledge and understand that during service outages by your broadband internet service provider or for any reason whatsoever, your VOIP service including 9-1-1 service, will not work. in the event of a power failure, VOIP service, including 9-1-1 service will not work. if there is an interruption in the power supply, the VOIP service, including 9-1-1 service, will not function until power is restored. a power failure or disruption may require you to restart, re-set or reconfigure equipment prior to using the VOIP service. service outages due to suspension of your account as a result of billing issues will prevent VOIP service, including 9-1-1 service.
(iv) You agree to immediately advise TNEXT , if you intend on changing the address from which you use your voip service to ensure you maintain 9-1-1 service. you acknowledge and understand should you fail to do so, your 9-1-1 service will not work properly and this will adversely affect your ability to access 9-1-1 service.
(v) You acknowledge and agree that TNEXT 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 TNEXT (and their respective directors, officers, employees, agents and underlying carriers) for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you may suffer or incur, arising directly or indirectly out of or relating to your failure to obtain access to 9-1-1 service.
(vi) Operator Services Currently Not Available TNEXT does not offer Operator Service.
TNEXT EQUIPMENT AND FACILITIES
6.1 TNEXT Equipment – Where required, TNEXT will provide and may install equipment that is required to provide you with Services, including cables and products. Such Equipment may require a Refundable Security Deposit at prevailing rates.
6.2 Ownership and Interest – You agree that the Equipment, including dial numbers and/or IP addresses assigned to you by TNEXT , shall at all times remain the property of TNEXT , and that you have no right, title or interest therein and agree to keep the equipment free and clear of any levies, liens and encumbrances.
6.3 Non-TNEXT Equipment – If you may choose to use equipment not provided TNEXT , you accept that TNEXT will not provide support for such equipment and does not guarantee performance of equipment and service.
6.4 Receiving Equipment – Equipment shall be deemed to have been delivered in good working condition unless you give notice to TNEXT to the contrary within 5 days of receiving the equipment.
6.5 Prohibited Changes – You agree that you will not re-arrange, disconnect, remove, reconfigure or repair any equipment, including passwords, and in the case of VoIP Equipment, to not change electronic serial number or equipment identifier of the equipment, or to perform a reset of the equipment, except by prior written agreement with TNEXT . Terminal equipment provided by you may be connected with TNEXT ‘S facilities only by prior special written agreement with TNEXT. If you tamper with the equipment, TNEXT reserves the right to terminate your Service, in which case you will be responsible for all charges for your service(s) and equipment.
6.6 Fees for Prohibited Changes – You agree that if you make unauthorized changes to any equipment provided to you by TNEXT , which results in service problems or downtime, TNEXT may charge you and you agree to pay TNEXT the cost for any effort involved in the restoration or repair of service to You.
6.7 Equipment Malfunction – If the equipment malfunctions during its intended use, TNEXT, at its sole discretion, will maintain and replace the equipment if necessary. In such an event, you agree that TNEXT’s liability and your sole remedy is limited to a refund of charges or replacement by TNEXT of such equipment, provided that you notify TNEXT 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 TNEXT the cost for such repair.
6.8 Safekeeping of Equipment – You agree that you are responsible for the safekeeping of equipment from the moment you receive the equipment until the equipment is returned to TNEXT in good physical and functional condition.
6.9 Damaged Equipment – If, while in your care, the equipment is damaged, lost, stolen, or if, in TNEXT’s sole discretion, the equipment is returned in an unusable condition, you agree to pay the replacement value of the equipment. If, in TNEXT’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 TNEXT.
6.10 Return of Equipment – Upon cancellation or termination of services, you agree to return, at your own expense (alternatively a shipping & handling Fee will be billed to you by TNEXT ), the equipment TNEXT in good working condition within thirty (30) days of cancellation/termination or within a time specified by TNEXT. Also 25% restocking fees will be applicable to the equipment’s returned after 30 days of cancellation/termination of service. You are responsible for continuing charges for the equipment until its return. If you fail to return the Equipment within the stipulated time frame, TNEXT may repossess the Equipment at Your expense, and/or may charge you for the replacement cost for such equipment.
6.11 Security Deposit – In the event of processing your service(s), you agree that TNEXT will request you to make a security deposit for your equipment and it will be refunded at the time of your cancellation of service (Security deposit is non refundable for cancellations within 12 months). You agree that TNEXT is not responsible for any internal or external damages of the equipment and that the refund will ONLY take place if the equipment is returned in good working condition without any physical damage.
6.12 Under the cancellation and termination clause described below, TNEXT will refund prepaid Service fees based on the number of days left in the last monthly billing cycle after the cancellation date.
If you are seeking a refund or have questions on the refund policy, please contact us at 1 (855) 477-8181 or email us at email@example.com. Increase Prices due to CRTC Wholesale Rates
If you’ve been following the wholesale internet access rate story in the news, you have probably heard that on Thursday, May 27, 2021, the Canadian Radio-Television and Telecommunications Commission (or CRTC) opted to reverse its own 2019 regulatory decision to implement lower internet access rates in Canada.
Changes currently affect for Existing customers & New customers , TNEXT expects the majority of its existing customers will likely see their rates go up between $5 and $10 per month in the near future, following a 30-day notice period.
A win for telco giants, a loss for the average Canadian
This ruling is the largest regulatory win for the corporate telco giants in recent history. As a direct result of this outcome, these companies will see their already billions in profits continue to increase, while internet prices for the average consumer continue to rise. Canadians already pay some of the highest prices for internet services in the world, and this ruling will only exacerbate the situation. Despite promises from politicians, it seems our system of checks-and-balances continues to disregard the best interests of Canadian consumers.
This decision, if carried out, will ultimately mean Canadians can expect to see their internet bills go up.
Why did the CRTC reverse its own decision?
The CRTC’s purpose as it pertains to the internet services industry is to “facilitate greater competition between Internet service providers and to promote innovative broadband services and affordable prices.” From our perspective, this ruling is an abject failure by the CRTC to fulfill its mandate.
The original 2019 decision to lower rates was backed by substantial data and years of objective investigative work. It established rates that were designed to benefit Canadian consumers by encouraging competition and promoting innovation within the telecommunications industry. The 2019 ruling was widely celebrated by consumer advocacy groups as a huge step in the right direction towards making internet services more affordable in Canada. So, why flip-flop?
Following years of intense government lobbying, regulatory abuse, and lengthy court delays, it appears the CRTC simply caved to the big telco carriers. The CRTC did not provide any clear justification for this decision, so now, like you, we’re pretty much all left scratching our heads.
How we’re fighting it
TNEXT is currently working alongside other independent internet operators to launch a formal appeal to the Government of Canada, demanding that they step-in and fulfill their promise to support regulatory actions that support fairer internet prices in Canada.
TNEXT’s RIGHT TO ENTER PREMISES
TNEXT’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 provided facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities. Permission is not required in cases of an emergency or where entry is pursuant to a court order or other legal requirement.
TNEXT may interrupt your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the equipment or facilities or for any required technical reasons.
CHANGES OR TERMINATION OF RATES AND PLANS
TNEXT may at any time and without notifying you, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by your continued subscription to the services, you will be deemed to have accepted the change and you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate the services.
SERVICE FEES; ACCOUNT AND PAYMENT INFORMATION
10.1 Charges will commence as at the date of activation or delivery of services. services deemed to be started on the date of activation and charges will commence automatically from the activation date unless otherwise TNEXT is notified to the contrary.
10.2 Charges to your account are due and payable in full from the date of your invoice or statement. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date.
10.3 You agree to pay the total charges by the required payment date using any of the following methods: cash only accepted in-person at our office; cheque payments accepted by mail or in-person; credit card payments are accepted in-person at our office, by phone or online through your account portal; online/telephone banking; Interac e-mail money transfer to firstname.lastname@example.org; or through pre-authorized credit card. DO NOT SEND CASH IN THE MAIL.
10.4 If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 3% per month, calculated and compounded monthly on the delinquent amount (26.82% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. Non-payment of the bill amount for more than two late payment applied may lead to temporary suspension of the line. Re-Activation charges are applicable for re-activation of the line. You agree that we may charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
10.5 Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following: collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments; returned or rejected payments; change of any identifier (e.g. phone number); and the suspension and/or restoral of service.
10.6 In exceptional circumstances, for example, where you present an abnormal risk of loss to TNEXT , prior to the normal billing date TNEXT may require payment from you on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after TNEXT demands payment, whichever occurs later.
10.7 TNEXT may request immediate payment in extreme situations, provided TNEXT has notified you and the abnormal risk of loss has substantially increased since that notice was given or TNEXT, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud TNEXT.
10.8 You must bring invoice inquiries or disputes to TNEXT’s attention within ninety (90) days of the date of the invoice, or you will be deemed to have accepted the invoice.
CREDIT CHECK AND SECURITY DEPOSITS
11.2 TNEXT will require security deposits from you at any time where, at the sole discretion of TNEXT, You have no credit history with TNEXT and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. TNEXT will release such security deposit at its’ discretion and upon satisfactory payment history. Further security may be required if you subscribe to further services and/or service usage increases.
TERMINATION OF SERVICES
12.1 Cancellation by You – If you subscribe to services on a monthly basis, you may cancel your service schedule(s) at the end of any given billing period provided you give TNEXT thirty (30) days prior written the notice. Upon cancellation of your Service(s), you will remain responsible and agree to pay for all charges which you owe TNEXT until the effective date of your cancellation and you have paid your account in full to the satisfaction of TNEXT. IF YOU SUBSCRIBE FOR SERVICES FOR ONE YEAR TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE TNEXT THIRTY (30) DAYS PRIOR WRITTEN NOTICE. AN EARLY CANCELLATION FEE MAY APPLY. In the event you do not give TNEXT thirty (30) days prior written notice before the end of the billing period for service cancellation, you will be billed for the next billing period appearing on your invoice. Upon cancellation of your Service, you will remain responsible and agree to pay for all charges, which you owe TNEXT until you have paid your account in full to the satisfaction of TNEXT.
12.2 Cancellation, Suspension or Termination by TNEXT– In addition to all other rights as set out in this Agreement, TNEXT may cancel, suspend or terminate this Agreement and your Services and may charge a suspension fee if you:
(i) Fail to pay outstanding past due amounts for your Services or your payment is returned N.S.F. In such cases, TNEXT may not resume your Services until full payment is made sufficient to cover the amounts outstanding;
(ii) Fail to pay outstanding past due amounts for any other services provided by TNEXT to You;
(iii) Fail to provide interim payment when requested by TNEXT;
(iv) Become bankrupt or insolvent;
(v) Fail to meet TNEXT’s credit requirements;
(vi) Present an abnormal risk of loss (including, in current a significant amount of billable charges) as determined in TNEXT’ sole discretion;
(vii) Violate any term in this Agreement;
(viii) Use the service(s) in a manner which is contrary to this Agreement and/or law, including CRTC rulings, decisions or orders, and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
(ix) Subscribe to Internet Services, which do not include the use of Static IP Addresses (DSL Internet Access with a modem), and use automated operations and/or server applications requiring connectivity
(x) Are threatening, harassing, abusive or unreasonable to TNEXT, its employees, and agents; or
(xi) Alter or interfere with TNEXT Equipment.
IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.
12.3 Your Responsibility Upon Termination – You will remain responsible for paying all charges for your Services up to the date of suspension, cancellation or termination by TNEXT. TNEXT reserves the right to charge you a reactivation fee if your Service is reactivated after suspension.
12.4 In the event of TNEXT did not receive your payment after suspension/termination of services, TNEXT may proceed with further collection action. TNEXT reserves the right to further charge any administrative cost and/or cost of collection to your account and you will remain responsible for all such charges.
TNEXT RIGHT TO REFUSE TO PROVIDE SERVICES
TNEXT may, in its sole discretion, refuse to provide services to you where
(a) You owe past due amounts to TNEXT or have had a history of past due amounts owed to TNEXT;
(b) You do not provide a security deposit or other requirements requested by TNEXT;
(c) You pose a credit risk or an abnormal risk of loss;
(d) TNEXT will incur unusual costs or expenses, which you will not pay; or
(e) TNEXT does not provide the requested Service(s) in your area.
You agree to indemnify, defend and hold harmless TNEXT and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY.
15.1 TNEXT does not guarantee uninterrupted services operation. TNEXT 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, TNEXT and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers make no warranty of merchantability or fitness for a particular purpose or use.
15.2 In particular and without limitation, TNEXT and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:
(i) Disruption or interruption in service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
(ii) Any event beyond TNEXT’ control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision
(iii) Damage to the equipment or your premises, which is not wholly caused by TNEXT’s gross negligence or willful misconduct.
15.3 Notwithstanding the foregoing, TNEXT and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers or affiliates, shall in no event be liable to you or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract, tort or other causes of action, arising out of the provision of services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event a court of competent jurisdiction finds TNEXT liable, liability will not exceed an amount equal to the price of services purchased by you during the month preceding the event in question.
15.4 Any action or proceeding against TNEXT by you must be commenced no later than 1 year after the event giving rise to the action or proceeding.
16.2 Disclosure – Your account information may, from time to time, be disclosed to other members of the TNEXT organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the TNEXT organization that may interest you. If you do not wish to receive offers or information from related TNEXT entities, please contact TNEXT at the address set out below.
16.2 Personal Information Updates – You confirm that the information you have provided to us is up-to-date and accurate and agree to notify us of any change in your information within 15 days of any changes to your billing information, including but not limited to your new address and contact information.
TNEXT INTELLECTUAL PROPERTY
TNEXT is the exclusive owner of all names, trade names, service marks and any copyright material relating to the services and you cannot use these marks or copyrighted materials or any licenses.
18.1 Notices and Communications – Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to TNEXT 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.
18.2 Assignment – You may not assign, or transfer this Agreement or service(s) to a third party without the prior written consent of TNEXT. This Agreement will ensure to the benefit of, and be binding upon, the parties and your respective heirs, executors, administrators, successors and permitted assignees.
18.4 No Waiver – The terms and provisions of this Agreement may only be waived in writing signed by TNEXT. No failure by TNEXT to insist upon your performance of any obligation under this Agreement will constitute a waiver of the obligation.
18.5 Severability – If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.
18.6 Jurisdiction – This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.
18.7 Arbitration – To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy concerning the service, the equipment or arising out of the terms of service will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the Province in which you reside, on a simplified and expedited basis by one arbitrator.
18.8 TNEXT Contact Information:
(F) TNEXT PRE-AUTHORIZED AGREEMENTS (PAD) – INFO
Are you planning to Sign up to pay by PAD
Thank you for your consideration to pay your monthly bill using Pre-Authorized Payment plan through your Financial Institution.
To get started, please review the agreement below in electronic format. When you consent to the PAD and agree and submit we will email you a copy of your agreement as a reference. We kindly request you keep this agreement for your reference as a printed copy or electronically. As per the date provided by you as part of the PAD agreement, we will withdraw payments as agreed as part of the service plan agreement you have with TNEXT Communications Inc.
As part of the agreement, you will be providing your banking information via a VOID cheque. We request for you to write “VOID” in ink across the cheque and DO NOT SIGN the VOID cheque. We also request you will provide this VOID cheque electronically to TNEXT via email@example.com. When we send you the electronic PAD agreement we will attach the VOID cheque to this document for your reference as ONE document.
Keep a copy of the agreement or confirmation for your reference.
We request for you to periodically check your bank account to make sure our withdrawals match what you approved in the agreement. This is request is for your peace of mind and to make sure if there is an error in billing that has taken place we are able to correct such error for the benefit of you.
We are expected to include the following mandatory elements in each pre-authorized debit agreement.
- The date of the agreement and your signature
- Your authorization
- The amount
- The frequency of the withdrawals
- Instructions on how to cancel the agreement
- TNEXT’s contact information
- Information on your recourse rights as legislated by law
What if something goes wrong
You have 90 days from the date of the withdrawal to report an incorrect or unauthorized pre-authorized debit to your financial institution.
If you don’t have enough funds in your account to cover a withdrawal, TNEXT can try the same debit one more time. TNEXT will do this within 30 days from the date of the withdrawal and it will be for the exact same amount.
How to cancel a pre-authorized debit agreement
Within the PAD agreement, we will specify instructions for cancellation.
TNEXT has the right to cancel the agreement within 30 days of the notice. Once cancelled, check your account to confirm that the withdrawals are stopped. If there is any continuous billing, please contact us or failure to receive any response, you may contact your financial institution for reimbursement within 90 days.
Cancelling your pre-authorized debit agreement doesn’t cancel your contract for goods or services with the TNEXT or any amount owed. The cancellation applies to the payment method only. You’ll need to make arrangements with the Billing to pay any amounts owing.
Telephone +1 (855) 477-8181
Mail 502A-155 Rexdale Blvd, Etobicoke, ON M9W 5Z8, Canada.