TEKCORNER TERMS OF SERVICE
Your service details, these terms of service and any schedules attached to these terms of service (“Schedules”), along with any requested work orders and your invoice (which may include notices of changes to your contract) all taken together form the entire contract (“Contract”) between you (“Customer” or “you”) and Tekcorner Canada and/or (based on where you live or which services you subscribe to) a related Tekcorner company (“Tekcorner” or “we”). You should review the entire Contract. All of the parts are important and together create a legal agreement that applies to you once you have accepted it. Tekcorner relies upon your word that you have reached the legal age of majority and are authorized to enter into this Contract. To help you to understand your rights and obligations under this Contract, these terms of service are written in a question and answer format.
- How do I accept my Contract with Tekcorner? You are considered to accept this Contract on the earlier of the date: (a) you receive a copy of these terms of service; or (b) you access or use Tekcorner Services (defined in Section 2), unless otherwise determined by applicable laws. You understand and agree that you are bound by this Contract, now and in the future. You must not use the Tekcorner Services if you do not agree to this Contract.
- What is covered by this Contract? This Contract is for Tekcorner Services. The “Tekcorner Services” or “Services” (as they will be called in this Contract) include the installation and provision of Internet Services (“Tekcorner Internet”), Home phone Services (“Tekcorner Home phone”), Internet Protocol Television Services and any additional features.The Tekcorner Services include additional equipment owned by Tekcorner (including equipment rented from Tekcorner) (“Tekcorner Equipment”) that you may need to receive the Tekcorner Services, such as devices, receivers, Phone adapter “ATA”, modems, routers, accessories, hardware, networks, platforms, batteries and/or other products.
- Can Tekcorner make changes to this Contract? Tekcorner may change the Contract, including the Fees, and Tekcorner Services, by giving you at least 30 days’ prior notice in writing of the change. Tekcorner may give you notice by posting it on Tekcorner.ca, by including it on your invoice, by sending it to you by email, or by any other reasonable method. Subject to Tekcorner’s right to make changes, no other statements (written or verbal) will change this Contract.
- What if I want to refuse a change to this Contract made by Tekcorner? If you want to refuse the change, you can cancel the Tekcorner Service affected by the change.
- Can I make changes to the terms of service that are in this Contract? You may not make any changes to these terms of service. However, depending on the Tekcorner Service you subscribe to and your plan details, you may be able to add or remove certain Services or features. You will need to check your plan details to see if additional fees may apply.
- What if parts of this Contract become unenforceable? If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Tekcorner. Remember that even if Tekcorner decides not to enforce any part of this Contract for any period of time, the term still remains valid and Tekcorner can enforce it in the future.
- I subscribe to a Tekcorner Service that is regulated. Does this Contract still apply? For Tekcorner Services that are regulated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) (“Regulated Tekcorner Services”), If there is an inconsistency or conflict between this Contract and the Tariff, then the Tariff prevails.
- What laws apply to this Contract? Because Tekcorner is federally regulated, this Contract is governed by the federal laws and regulations of Canada and any provincial laws which might apply to Tekcorner in the province in which your Tekcorner Service is provided.
- Can this Contract be transferred? Tekcorner may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Contract, your account or the Tekcorner Service without Tekcorner’s prior written consent.
- Are there any times when 9-1-1 is not available? Yes. Tekcorner Services, including your 9-1-1 service (“9-1-1 Service”) will not work during network outages, including during planned hardware or software upgrades. In addition, Tekcorner’s fibre-to-the-home Services (“FTTN Services”), including 9-1-1 Service will not work: a) during power outages if there is no battery back up, or once the battery back up has been depleted; and b) if the hardware required in connection with the FTTN Services (the “FTTN Equipment”) has been tampered with, damaged or relocated. You are responsible for the supply of electrical power necessary for the FTTN Services (including 9-1-1 Service) to work. You are also responsible for the proper maintenance of the FTTN Equipment, including replacing the battery, if any, and contacting Tekcorner for technical servicing when prompted to do so or as required, unless otherwise specified by Tekcorner. Tekcorner is not responsible to anyone for any inability to access 9-1-1 Service or use the FTTN Services or the FTTN Equipment as a result of these limitations or your failure to comply with these requirements, to the extent permitted by applicable law. Term and Renewal
- How long is my Contract for Tekcorner Services? Tekcorner Services are provided to you on an ongoing monthly basis (“Month-to-Month Term”), unless when you order the Tekcorner Services you and Tekcorner agree to a minimum contract period (“Fixed Term”) for a particular Tekcorner Service. The Term (as defined below) of any Tekcorner Service will begin on the date you accept the Contract, and will expire at the end of the first Month-to-Month Term or the Fixed Term, as applicable (this is your “Initial Service Period”). Upon expiration of your Initial Service Period the Tekcorner Services will continue to be provided to you on a Month-to-Month Term at Tekcorner’s then-applicable rates, unless you cancel the applicable Tekcorner Service. The Initial Service Period as continued is called the “Term”. Fees, Billing and Payment
- How does Tekcorner bill me for Tekcorner Services? Tekcorner will bill you monthly, in advance. You must pay all fees due for Tekcorner Services, whether recurring or one-time charges (“Fees”) and taxes within 30 days of Tekcorner’s invoice date. If payment is not received by Tekcorner within 30 days of the invoice date, you will be charged interest from the invoice date on the balance owing at the compounded interest rate set out in Schedule A, calculated and compounded monthly from the invoice date (“Late Payment Charge”). If you or Tekcorner cancel a Service for any reason, any recurring Fees that were billed at the beginning of your billing cycle will not be refunded. Tekcorner may bill you for Fees and applicable taxes up to 12 months after the date they were incurred.
- How can I pay my bill for Tekcorner Services? You can pay your bill online through your bank account, by cheque (through the mail or at a Tekcorner store) or with select credit cards. You may also set up a pre-authorized payment plan. If you provide a credit card or bank account (or other pre-authorized payment method) to Tekcorner for your monthly payments, you authorize Tekcorner to charge your credit card or debit/charge your account for all outstanding Fees, taxes and account balances due under this Contract, including any applicable Late Payment Charges and Cancellation Charges , and this constitutes Tekcorner’s good and sufficient authority for doing so. You confirm that the credit card or bank account is in your name, is valid and has not expired. You must promptly advise Tekcorner if your credit card or bank account information changes.
- What if I dispute a Fee on my invoice? If you question or dispute any Fees on your invoice, you must do so within 60 days of the invoice date; otherwise we will presume that you accept all Fees. Disputed Fees will not be considered past due unless Tekcorner has conducted an investigation and concluded that the Fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment. You must pay all undisputed portions of the Fees within 30 days of the original invoice date, failing which the undisputed portion of the Fees will be past due and you will be charged, and must pay, the Late Payment Charge for the undisputed portion.
- How do discounts or promotions work? Tekcorner will apply any discounts, incentives or promotions (including promotional bundle fees or credits) to your account while: (a) Tekcorner maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements. Tekcorner may change any discounts, incentives or promotions and the eligibility requirements at any time.
- What additional charges may be applied to my invoice? Tekcorner may charge additional Fees to administrative, processing, or service costs for your account (for example, Fees for collections efforts due to non-payment or returned payments, suspension, disconnection or reactivation of Tekcorner Services).
- How can I be sure that Tekcorner has accurate contact information for my account? You are responsible for keeping the contact and payment information you provide to Tekcorner (including name, mailing address, email address, address where the Tekcorner Services will be provided to you (“Service Address”), phone number, and any authorized users) up to date. If this Contract is cancelled, you will provide Tekcorner with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. Failure to provide a forwarding address may result in the forfeiture of any outstanding credits or deposits on your account.
- Will Tekcorner ever require a deposit or interim payment? In exceptional circumstances, Tekcorner may require you to pay the Fees and applicable taxes on an interim basis, despite your monthly billing cycle. If this happens, you must pay these amounts on or before the required due date to avoid cancellation or suspension of your Tekcorner Services. Tekcorner may also require you to make deposits and will provide you with the reason for requiring a deposit. Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1.25%, calculated monthly on the last day of your monthly billing period, prorated for any partial month Tekcorner holds the deposit. When Tekcorner Services are cancelled or the conditions justifying the deposit no longer apply, Tekcorner will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to Tekcorner , then refund you the balance of the deposit, if any.
- Does Tekcorner perform credit checks or report credit history? Yes, Tekcorner may perform credit checks on you and obtain information about your credit history from a credit reporting agency, credit grantor, or to assist in collection efforts. Tekcorner may also disclose your Tekcorner credit history to credit reporting agencies, credit grantors, collections agencies.Responsible Use of Tekcorner Services
- How does Tekcorner help to ensure the responsible use of Tekcorner Services? Tekcorner works hard to ensure continued efficient operation of the Tekcorner Services. Tekcorner has the right (but not the obligation) to monitor Tekcorner Services (electronically or otherwise), including your use of Tekcorner Services and the location of any Equipment or Personal Devices receiving the Tekcorner Services. From time to time, Tekcorner may ask you to connect Equipment to a specific network so that Tekcorner may verify its location and you must immediately do so. Tekcorner may monitor or investigate any content, use of Programming or your use of Tekcorner’s networks, including bandwidth consumption and how it affects operation and efficiency of the network and Tekcorner Services. Tekcorner may disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize Tekcorner Services and to protect itself or others or take other actions
- How do I help protect my Tekcorner account? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Tekcorner Services and Tekcorner Equipment by yourself and other users (authorized or not). You must also protect your computer systems, software, and the Equipment from theft, unauthorized use and system corruption. You are responsible to back up and safeguard your data, including your email and voicemail messages. Tekcorner may delete your data if the Tekcorner Service is cancelled, or if you fail to access it within a certain period of time (as determined by Tekcorner). If you have concerns about unauthorized persons ordering Tekcorner Services without your permission, you should investigate the appropriate use of parental controls, passwords and personal identification numbers (PIN) for your account, depending upon the Tekcorner Service you are concerned about.
- What am I responsible for if my Tekcorner account is compromised? You must notify Tekcorner immediately should you suspect unauthorized use of the Tekcorner Services or if Tekcorner Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.
- Tekcorner cannot be held liable for system downtime, crashes, or data loss. Tekcorner cannot be held liable for any predicted estimate of profits in which a customer would have gained if their service was functioning. Thus, certain equipment, routing, software, and programming used by Tekcorner are not directly owned and written by Tekcorner. Moreover, Tekcorner holds no responsibility for the use of our customers accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. Tekcorner reserve the right to remove any account without advanced notice for any reason without restitution as Tekcorner sees fit.
- Customer will be responsible for all additional costs, liabilities and expenses incurred by Tekcorner resulting from a breach by Customer of this Agreement.
- Customer shall arrange for the supply, installation and maintenance of any Tekcorner provided equipment or software and ensure that such equipment or software is installed and maintained according to the manufacturer’s specifications and the Customer’s specifications, if any.
- Rates may include set up fees and monthly recurring charges for dry loops, where applicable. Customer shall ensure at all times that Tekcorner provided equipment and/or Customer provided equipment is stored in a manner and in an environment which conforms to the relevant equipment manufacturer’s specifications.
- Customer agrees not to tamper with, alter or otherwise rearrange the Service nor shall it permit or assist others to abuse or fraudulently use the Service including but not limited to using the Service (1) in any manner which interferes unreasonably with the Service, or access to that by other persons; or (2) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
- Tekcorner represents any of its agents and/or re sellers. All terms and conditions includes all agents and re sellers
- Tekcorner is not responsible for the Video/Audio content and does not guarantee nor claims any rights to the content.
- Tekcorner is a hardware re-seller, who is providing the stream of all the channels as they are available on the Satellite FTA ( Free To Air ) through the Internet.
- Tekcorner does not sell any TV stream nor provide these type of service.
- Tekcorner can not be held responsible for any downtime.
- Customer agrees by subscribing to TV Service, there will be no refunds for the service downtime.
- Customer agrees to all therms and conditions once signed up to TV service.
- Cusotmer agrees to all terms and condition once singed up to Tekcorner internet, and phone services.
- Customer shall be responsible for the loss of and risk or damage to the Tekcorner provided equipment except where caused by the negligence or willful misconduct of Tekcorner.
- All Hardware that purchased from Tekcorner have a 1 year hardware warranty. Remote control is not covered. Warranty is not transferable.
- Warranty does not apply if there is damage to the receiver, ATA, or modem (due to weather, tampering with, etc…)
- Cost of the Hardware is non refundable or can be refunded by the discretion of Tekcorner.
- Tekcorner is not responsible for any additional costs after providing the receiver (installation, accessories, wires, over usage of internet, etc…)
- Tekcorner is not reliable for any custom charges, any custom charges to clear the shipment will be past on the customer plus $25 administration fees
- Tekcorner will pay for the shipping both ways if the unit was activated with in 90 days.
- Tekcorner will pay for the shipping back to the customer if the unit was defective with in 180 days.
- Customer will pay for the shipping both ways if the unit was activated more than 180 days.
- Customer can not ship the unit back to us with out it has been approved by Tekcorner technical support agents.
Payments and Refunds
- Tekcorner are pre-paid service, and you will be charged on the date of activation.
- Unless or except where we require payment by credit card only, you have the option to pay your Service Fees by credit card, debit card or by pre-authorized payment, and you hereby authorize us to charge the credit card or debit the financial institution account provided to us in payment for all outstanding Service Fees every time an invoice is rendered by us to you for the Service in accordance with the Agreement up to the full amount of the invoice. In the case of recurring payments by credit card, you must provide us with a valid credit card number and related required information at the time when you subscribe to the Service so that we can charge the credit card on a recurring basis. In the case of payment by recurring financial institution account debit, you must provide us with the particulars of the financial institution account to be debited (including without limitation the applicable transit number, institution number and account number) and related required information at the time when you subscribe to the Service so that we can debit the financial institution account on a recurring basis. We may, at our discretion, require that you fill out, execute and send to us a pre-authorized payment form in a form provided by us to you or to which you are directed. It is your responsibility to ensure that the credit card or financial institution account information that you provide to us remains valid and current and that we are able to continue charging the credit card or debiting the financial institution account, as the case may be, for amounts invoiced to you by us. A failure by you to adhere to these requirements may result in suspension or termination of your Services or Account without further notice to you, and payment by you to us of any applicable ETFs and/or other applicable fees. For greater certainty, we may suspend or cancel any Service(s) or your Account whenever you are in arrears in making payments due to us for any Service(s).
- In the case of cancellation, the customer must provide Tekcorner with a written notice within fourteen ( 14 ) business days prior to customer’s monthly renewal date; otherwise the renewal for the subsequent month shall be processed in the normal course.
- Subject to our cancellation and termination policy set out below, fees and charges for partial months of Service use will not be prorated.
- All cancellation must be submitted by email to email@example.com or by mail to :
114-93 Dundas st.. E
- 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 2% 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. You agree that we can 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.
- Customers who are Non-Sufficient Funds (NSF) for Pre-authorized payment will be charged $25
- Activation codes 3 months, 6 months, and 12 months which are purchased are non-refundable and cannot be paused or cancelled once it has been activated.
- Monthly paying customers wanting to cancel or pause their service must provide Tekcorner with a fourteen (14) days notice prior to Customer’s monthly renewal date; otherwise the renewal for the subsequent month shall be processed in the normal course.
- Tekcorner will not offer any refunds (exceptions can be made on a case by case basis) for any service call, activation codes, or any activation for the internet.
- Tekcorner will not offer any refunds for any Hardware Which has been activated for a period longer than 7 business days.
- Customer will be charged $100 for any service call that is not Tekcorner at fault and any issue that is not related to Tekcorner , where we had to fix the issue or it was a customer issue.