Execulink Telecom - Legal - Services and Contract Term

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V. Services & Contract Term

1. Minimum Service Term

Once provisioned or in the process of being provisioned, the Customer shall be responsible for payment of the Services for a minimum of thirty (30) days, unless otherwise stated in a separate service agreement, contract, subscription, registration or order form, whether in paper or online via the Internet or other electronic means, and shall continue until terminated by the Customer.

2. Cancellation of Services

a) i) Business Customers: The Customer agrees to give Execulink Telecom thirty (30) days notice unless otherwise stated in a separate service agreement, contract, subscription, registration or order form or unless otherwise directed by the CRTC. Cancellation notice may be provided by telephone unless security questions have not been set up. If that is the case, then cancellation must be provided by fax on company letterhead and signed by an authorized signing officer of the business.

ii) Residential Customers: Cancellation notice must be provided by telephone or in person in order to validate the Customer’s identity. Execulink Telecom will not accept any other form of cancellation notice including but not limited to email, fax, live chat and/or mail. Unless there is a superseding agreement to the contrary, service will be cancelled effective the end of the current billing period.

b) If any Execulink Telecom equipment is not returned within thirty (30) days following cancellation, is returned in unsatisfactory condition, is damaged or broken, Execulink Telecom will charge the Customer a purchase fee.

c) Customer remains responsible for payment of all outstanding balances accrued through the effective date of cancellation as well as all disconnect fees or purchase fees, if any.

d) If Customer cancels service prior to the notice requirements indicated in “a)i)” and “a)ii)”, Customer agrees to pay Execulink Telecom an early cancellation fee for any contract and/or promotion the Customer accepted. Early cancellation fees are in addition to any other charges or fees the Customer may owe Execulink Telecom and any fees or charges that Execulink Telecom requires upon cancellation of service.

Any cancellation may be subject to administrative costs

3. Activation of Services

In offering the Services to the Customer, Execulink Telecom offers no guarantee of service delivery date or warranty of merchantability on the service date requested by the Customer. The Customer acknowledges that Execulink Telecom shall not be liable to the Customer for any delays in delivering the Services or attempting to deliver the Services. The Customer also acknowledges that there are limitations and restrictions on the Services and, accordingly, the Services will only be provided to the Customer where technology permits and is subject to availability of service. Internet speeds are not guaranteed and may vary depending on Internet traffic and other factors. If for any reason, Execulink Telecom is unable to deliver all or a portion of the Services, Execulink Telecom reserves the right to:

a) Cancel or reduce the affected undeliverable Service for technical or other reasons; and
b) Adjust the pricing for the remainder of the Services that are delivered if only a portion of the Services are undeliverable; and
c) Continue providing the remainder of the unaffected available Services.
d) Execulink Telecom will install the Services up to the Customer's demarcation point as are necessary to connect the Customer's Premises to permit the delivery and performance of the Services. Such equipment shall not, however, include terminal equipment as telephones, computers and related hardware.

4. Reduction, Termination or Cancellation of Service by Execulink Telecom

a) Execulink Telecom may, at its sole discretion, cancel or refuse to provide Services to the Customer for reasons including but not limited to the following:

In the event Execulink Telecom would incur unusual costs or expenses which the Customer will not pay;

The Customer owes past due amounts to Execulink Telecom;

The Customer does not provide a security deposit or satisfy alternate security measures when requested by Execulink Telecom;

Execulink Telecom has terminated the Services in the past;

If the Customer uses the Services in excessive amounts, deemed excessive at the sole discretion of Execulink Telecom;

The Customer does not meet its obligation to pay the total monthly invoiced charges, as may vary from time to time in accordance with this Agreement, and such breach is not remedied after the Customer has received notice from Execulink Telecom of such breach or default;

The Customer provides payment by cheque or other means and such payment is not honoured by the Customer's bank;

The Customer fails to provide Execulink Telecom with reasonable entry and access to install inspect, repair, replace or to perform necessary maintenance on Execulink Telecom owned telecommunications equipment, facilities or network;

The Customer uses, or permits others to use, any of Execulink Telecom Services for a purpose or in a manner that is contrary to law (including decisions or orders of the CRTC), or for the purpose of making harassing, threatening, abusive, annoying, offensive, illegal or fraudulent calls or emails;

The Customer harasses, threatens, or otherwise acts unreasonable towards Execulink Telecom, its employees or agents, including, without limitation, by making numerous unwarranted requests for credits;

The Customer alters or otherwise interferes with Execulink Telecom facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to or interfere with the service of others, or to Execulink Telecom equipment, Services, facilities or network; or

The Customer fail to provide payment for other accounts with Execulink Telecom, including amounts owed by the Customer as a guarantor for the account of another;

Bankruptcy or insolvency proceedings are instituted by the Customer, or against the Customer.

b) If the Services are terminated and are subsequently restored to the Customer for the same or new Services, the Customer will be charged a new installation charge and/or administration fee which corresponds to Execulink Telecom current standard installation charge; promotional prices do not apply

c) Upon the expiration or termination of this Agreement, the Customer shall be obligated to fulfill all obligations or liabilities arising prior to such termination any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.

d) In the event of a suspension or termination of Execulink Telecom Services, all features and Services, including emergency 911 Services to any applicable telephone numbers may be suspended or terminated. A suspension or termination of the Services will not affect the Customer's obligation to pay any amounts owed to Execulink Telecom, before, during or after the suspension or termination.