Country Communications
Terms and Conditions - For Residential Long Distance Services
(Rev – RESI 11/04 A)
Definitions and Terms and Conditions
“Country Communications” means Country Communications Inc.
or any of their affiliates, as applicable. “Customer” means the subscriber of
the services including any person, firm, corporation or other entity that
utilizes the Services. “Services” the services to be provided by Country
Communications Inc., or any of their affiliates.
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Country Communications reserves the right to change
and modify the terms and conditions of this agreement from time to time. The
terms and conditions for service are published and can found at
www.countrycomm.ca. The following are some of the key terms and conditions
associated with Country Communications voice services.
1.
Services
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Country Communication’s shall provide for
the call completion of telephone calls originated by the Customer and
connecting to destinations around the world as subscribed to within the
service order.
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Provisioning of services are subject to the
availability of suitable facilities.
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Country Communications may interrupt your
Services 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 as may be required.
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Without incurring liability Country
Communications may at any time and without notice to the Customer,
change, modify or terminate any part of the service or features
including the rates or charges. In the event of any such change or
modification, the Customer will be responsible for paying all charges
incurred for use of the Services including any charges arising out of
the change or modification.
2. Rates
and fees, Billing and Payment
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A rate per minute applies to each minute of
conversational traffic transmitted by Customer to Country
Communication’s for routing to its final destination. A complete and
current list of rates can be viewed at
www.countrycomm.ca
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Country Communications in its sole
discretion may change the rate per minute at any time.
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Charges will commence as of the activation
or delivery date for the applicable Services.
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All Rates and other charges listed herein
are exclusive of all applicable taxes, including value added tax, sales
taxes, surcharges and duties or levies imposed by any authority,
government or government agency, all of which shall be paid promptly
when due by the Customer purchasing the Services hereunder.
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Country Communications will provide the
Customer with access to account statements including call detail
records.
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Country Communications will debit your
payment account according to the payment schedule and terms on the
agreement.
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Where the Customer authorize Services to be
charged to a credit card, the customer is responsible to pay Your credit
card charges in respect of the Services despite any disputes that the
Customer may have with any other charge on your credit card. If Country
Communications is unable to collect outstanding amounts that are charged
to a credit card, Country Communications is entitled to request payment
by alternate means.
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Interest and late payment charges will
apply to any charges that are not paid by the indicated due date.
3. 911 Service
The client acknowledges that they have
read, agreed to and completed as required by the telecommunications
regulators the required 911 information and forms. See forms at
www.countrycomm.net/911
4.
Termination of Service
This Agreement may be
terminated as follows:
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Customer fails to provide payments when
requested by Country Communications.
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Customer fails to provide or maintain a
reasonable deposit or alternate security when requested to do so by
Country Communications.
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Use or permit others to use any of the
Services for a purpose or in a manner that is contrary to law (including
decisions, rules or orders of the CRTC), or for the purpose of making
harassing, threatening, abusive, annoying or offensive calls.
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Harass, threaten or otherwise act
unreasonably towards Country Communications, its employees or agents, or
in relation to the Services, including without limitation, by making
numerous unwarranted calls or requests for credits.
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Country Communication’s or the Customer may
terminate this agreement at any time with 30 days written notice.
5. Service
Interruptions
Country Communications may interrupt your
Services 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 as may be required.
6.
Limited Warranty
Country Communication’s does
not guarantee error-free or uninterrupted operation of the Services.
COUNTRY COMMUNICATION’S MAKES NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDITION
OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO
THE SERVICES, AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS,
EXPRESS OR IMPLIED, ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
HEREBY EXCLUDED.
7.
Limitation of Liability
THE CUSTOMER AGREES THAT COUNTRY
COMMUNICATION’S OR ANY OF ITS AFFILIATES TOTAL CUMULATIVE LIABILITY, IF
ANY, TO THE CUSTOMER FOR DAMAGES RELATED TO THIS AGREEMENT, FOR ANY
CAUSE WHATSOEVER, INCLUDING DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
A BREACH OF THIS AGREEMENT (INCLUDING A FUNDAMENTAL BREACH OR
OTHERWISE), NEGLIGENCE, ANY ACT OR OMISSION OF COUNTRY COMMUNICATION’S
OR ITS REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY WILL
BE LIMITED TO THOSE DAMAGES ACTUALLY PROVEN AS DIRECTLY ATTRIBUTABLE TO
COUNTRY COMMUNICATION’S AND WILL IN NO EVENT EXCEED ONE (1) WEEK’S WORTH
OF INVOICING. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, UNDER NO
CIRCUMSTANCES WILL COUNTRY COMMUNICATION’S BE LIABLE TO THECUSTOMER FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES IN RESPECT OF LOSS OF
DATA, LOSS OF INCOME, LOSS OF PROFIT OR FAILURE TO REALIZE EXPECTED
SAVINGS ARISING DIRECTLY OR INDIRECTLY FROM BREACH OF CONTRACT
(INCLUDING FUNDAMENTAL BREACH OR OTHERWISE), NEGLIGENCE, ANY ACT OR
OMISSION OF COUNTRY COMMUNICATION’S OR ITS REPRESENTATIVES, OR UNDER ANY
OTHER THEORY OF LAW OR EQUITY, EVEN IF COUNTRY COMMUNICATION’S HAD BEEN
ADVISED OF, HAD KNOWLEDGE OF, OR REASONABLY COULD HAVE FORESEEN, THE
POSSIBILITY OF SUCH DAMAGES.
8.
Fraudulent Use of the Service
The Customer understands that Country
Communication’s may have no ability to prevent fraudulent use of the
Service by third parties, and therefore, as between the parties hereto,
the Customer shall be solely responsible hereunder for protecting
against fraudulent use of that Service. Further, the Customer shall be
responsible for paying for all usage of the Service hereunder, whether
such usage was fraudulent or otherwise, unless such fraudulent usage
results directly from Country Communication’s negligence or willful
misconduct.
9. Exclusion of Liability
The Customer agrees that Country
Communication’s will not be liable to the Customer for: (a) any act or
omission of the Customer or any carrier other than Country
Communication’s; (b) any unauthorized use of the Services. The Customer
agrees that Country Communication’s will not be responsible for
performance of, or deemed to be in default of, any obligation or
provision of this Agreement where delayed or hindered by embargoes,
labor disruptions, civil disturbances, acts of civil or military
authorities, fires, natural disasters or other catastrophes or events
beyond Country Communication’s control. The Customer agrees that Country
Communication’s will not be liable for events beyond the reasonable
control of Country Communications including acts of God, inclement
weather including lightning, power outages, labor disputes, riots or
civil disputes, war or armed conflict, any law, governmental order,
decision or regulation, or order of any court of competent jurisdiction
10. Privacy
Policy
View Country Communications
Privacy Policy. The Privacy
Policy is to protect the customer's personal information.
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