Pc Tel - Perfect Choice Telecom > Terms & Conditions

Terms & Conditions.

   SHOPING POLICY.

Payment:
•    All prices are quoted in Canadian dollars.
•    Payments by major credit cards (Visa, MasterCard,…) are accepted on line.
•    For security reasons, Pc-Tel reserves the right to decline any order where the delivery address cannot be reasonably associated to that of the credit card holder.

Shipping of orders:
In Stock Orders
•    Orders are processed as they are received in our system and approved for shipment from the manufacturer’s distribution warehouse.
•    Order changes or cancellations are not accepted once an order has been confirmed as shipped.
•    Orders are shipped weekdays only by courier ground services.
Back Orders
•    Prices for back orders are not guaranteed and are subject to change.
•    In the event of a price increase the customer is provided the option of accepting the increase or cancelling the order.
•    Back orders are charged and shipped as stock arrives.
•    Back orders may be cancelled by the customer within 48 hours of being notified by email of the initial delivery delay and only if the product has not already been shipped by the manufacturer.

Returned, refused or unclaimed orders:
•    Any orders that are refused, returned or unclaimed are subject to a $70.00 order refusal fee.
•    The above is in addition to any applicable re-stocking charges and/or shipping costs such orders may incur.

Product returns and credits:
Opened Box Returns
•    IMPORTANT: No refunds or exchanges of opened box product are accepted.
•    The customer is responsible to determine that correct product has been ordered. Once the factory seal has been broken, returns resulting from errors in ordering or incompatibility with existing systems are not accepted.

Factory Sealed Returns
•    Returns are accepted for most current products when a request for return is made within 2 days of the original purchase date. Customer pays the shipping back fee.
•    Exceptions to the above include product that: has been discontinued by the manufacturer or special ordered for the customer.
•    If the product cost for a factory sealed return has changed, we will base refunds only on the lower amount.
Defective On Arrival Returns
•    Many, but not all, manufacturers offer a DOA exchange policy from 10 to 30 days following purchase.
•    The customer must first contact the manufacturer’s customer service desk to troubleshoot the product and determine defect.
•    The customer must obtain the Manufacturer’s Case Number and Contact Info authorizing a DOA return for exchange.
•    As vendor policies are subject to change, please contact the manufacturer of the product, before purchasing, to determine their individual policy.

Any claim to recourse regarding a transaction between a customer and Pc-Tel that the parties are unable to resolve shall only be initiated and decided before the Quebec provincial courts located in Montreal, Quebec, Canada. The customer hereby accepts the foregoing jurisdiction as the sole venue for the settlement of such disputes.
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Pctel.ca reserves the right to change our “Shopping Policies” (terms and conditions) at any time without notice.

TERMS OF SERVICE

DEFINITIONS

  • Company: PcTel.ca (herein “Pc-Tel” or “Company”), its contractors, agents, employees, associates, shareholders, partners and anyone working with or for PcTel.ca and its subsidiaries.
  • Customer: You, the person or entity, and its contractors, agents, employees, associates, shareholders, partners, or associates using the PcTel.ca services.
  • 911: Emergency call service typically used for delivering emergency calls to a public safety access point.
  • PSAP: Public Safety Answering Point
  • Non-IVoIP: Non-interconnected VoIP service. It is defined by the FCC as a service that enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and requires Internet protocol compatible customer premises equipment; and does not include any service that is an interconnected VoIP service.
  • DID: Direct Inward Dialing

Customers agree to all these Terms of Service upon opening an account with PcTel.ca  and/or using its signup form and/or its customer service, by email or phone.

INTRODUCTION

The Company provides the following Terms of Service, which are subject to change at any time, (Herein “Terms” or “Agreement” or “Terms of Service”) to its customers for the use of their services. When it refers to “Services”, the company means offering to customers a vast range of standard telephony and communication features. The present Terms shall govern all Services provided by the Company to its customers.

Please read the Terms prior to using PcTel.ca services. By accessing and using the services of PcTel.ca, the customer agrees to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the Services. If the customer doesn’t agree with these Terms of Service, please do not use PcTel.ca Services.

APPLICATION

The following Terms of Service apply to all individuals referred to as customer and/or user of PcTel.ca Services.

RESTRICTIONS

The Services provided by PcTel.ca are available only to entities and persons over the age of legal majority established by the law of customer’s country and capable of entering into a legally binding agreement under applicable law. By using the Company’s Services, you declare that you have the legal capacity to do so, and that you understand that any breach of this obligation will be at your sole and entire responsibility and that the Company will not be held responsible.

  • The customer shall not use this Service as their sole call termination service, in which case the Company will assume no responsibility, and shall be advised to have a backup solution in any case this service does not deliver the customer demand.
  • The customer cannot spread misleading information about PcTel.ca  
  • All the information provided to customer and on the website of the company is under the intellectual property of PcTel.ca. Unless both party make a written agreement, the customer cannot use any documents, logo or information about PcTel.ca’ technology.
  • Originating from payphones to PcTel.ca toll-free numbers is not guaranteed
  • The customer agrees to not purchase phone numbers from PcTel.ca with the sole intention to port them out to another service. PcTel.ca reserves the right, at its sole discretion, to disable the purchase of new phone numbers from an account that presents this pattern and may charge a port-out fee to allow the port out of numbers removed on this fashion.
  • The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm PcTel.ca in any way, for any reason whatsoever directly or indirectly related to the Services.
  • PcTel.ca agrees to not sell your personal or corporate information to third parties except as permitted by the present Terms and in order to provide, support and secure the Services. The Customer agrees and understands that the Company may use the services of a third party to render the Services or part of the Services and that Customer data may be hosted by the Company or their authorized third party service providers.
  • The Customer covenants and agrees that if he wishes to use PcTel.ca termination (outbound) services for telemarketing purposes (including, but not limited to Automated Dialers, Call Centers and collection agencies) that he first has to reach out to [email protected] to get the written authorization to do so. In the event where the Customer does not obtain the proper authorization from the Company, Customer understands that PcTel.ca will suspend such activities without warning, to its sole discretion.
  • The Customer covenants and agrees that prior to use any PcTel.ca phone number as their caller ID display for calls related to telemarketing, dialer traffic, polls, mass traffic campaigns, or use PcTel.ca phone numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration) that he has to reach out to [email protected] to get the written authorization to do so. In the event where the Customer does not obtain the proper authorization from the Company, these activities could result in the suspension or removal of your DID number, and PcTel.ca reserves the right to do so without prior notice, and to its sole discretion.

The Customer covenants and agrees that the use of Voice over Internet Protocol (VoIP) services is subject to regulation by governmental authorities in certain jurisdictions. As of the date of these Terms, the following countries have been identified as having regulatory environments that may impose significant limitations on the use of VoIP services, including but not limited to the complete blocking of such services: Belize, Brazil, Caribbean Nations, China, Cuba, Iran, Israel, Jordan, Kuwait, Mexico, North Korea, Oman, Paraguay, Qatar, South Korea, and the United Arab Emirates (UAE). This list is subject to change, and it is the Customer’s responsibility to ensure compliance with all local laws and regulations regarding VoIP services in their respective jurisdictions. The Company shall not be liable for any Customer’s inability to access or use VoIP services due to regulatory restrictions in any jurisdiction.

TERMS OF SERVICE

  1. The following Terms of Service may be revised. If the Company chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, PcTel.ca will make a notification on the website. It is the responsibility of the customer to read the Terms and keep current on revised versions. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email.
  2. The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to frequently change his passwords to protect his account from any suspicious act.
  3. Customer covenants and agrees that it is responsible for all use of non-IVoIP services under his account and that it shall be responsible for anyone that has access, authorized or not, to customer account.
  4. PcTel.ca does not claim that its Service is “standard line quality”, and the customer understands that the Service quality is “as is” and may vary depending on the location of the customer, the internet service provider and the destination of each call. Due to the nature of its offering that allow customers to bring their own device, software, PBX or switch, the customer shall understand that the level of support, and the service offered is intended to customers with a higher technical level. Although Company will do its best to assist customers in that situation, it shall not be held liable for any problem resulting thereof.
  5. The customer agrees to follow lawful purposes while using this Service. Call usage must comply with all applicable laws, rules and regulations in Canada, the USA and the location country of the customer. The customer agrees to set the CallerID/ANI Identification in their configuration with accurate correspondence to them, without creating any confusion to another person or party.
  6. PcTel.ca makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service.
  7. PcTel.ca allocates customer payments first to rectify any negative balances. The customer acknowledges that a negative balance signifies an obligation to pay, and consents to PcTel.ca’ authority to suspend accounts exhibiting either a negative balance or a balance below the required minimum of five dollars (USD$5.00). In case of account suspension due to a negative or insufficient balance, PcTel.ca will notify the customer at least fifteen (15) days prior.

Under this clause, PcTel.ca maintains the unilateral right to terminate customer accounts in instances where a negative balance remains unresolved for a duration exceeding fifteen (15) days. This includes, but is not limited to, the loss of phone numbers, sub-accounts, and any configured settings. Notification of such negative balance will be sent to the customer’s registered email address. Absence of remedial action within a fifteen (15) day period following this notification authorizes PcTel.ca to terminate account access, without incurring any liability.

Account closure will typically occur only on weekdays between 8 a.m. and 9 p.m., and on weekends from 9 a.m. to 5 p.m. This is subject to change only under exceptional circumstances. Additionally, if the day before a statutory holiday falls on a weekday or weekend, disconnection will not be carried out after 12 noon.

  1. PcTel.ca reserves the right to temporarily or permanently discontinue Service at any time and this without any notice, if this occurs, it will issue full refunds on unused balances.
  2. All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates.
  3. Flat Rate Plans (may be referred to as “Unlimited”) for local DID’s (USA & Canada) packages are intended for residential use only and include the use of 2 simultaneous channels and a maximum of 3,500 inbound minutes per month.
  4. The free toll-free termination (value route) is provided to users under the premise that it will only add up to a small percentage of their traffic and that the account will also be used for regular traffic (incoming calls to DID numbers and/or outgoing calls to geographical areas). PcTel.ca reserves the right to determine, to its sole discretion, if the free toll-free usage is not typical or falls out of the pattern mentioned previously, and disable this option when most of the customer’s calls consist of toll-free calls using the free toll-free termination (value route).
  5. The use of scripts that modify the customer portal interface in a way that goes beyond cosmetic modifications (for example, Grease monkey scripts to add additional choices in web forms) are strictly forbidden and can lead to immediate account deletion and legal actions.
  6. The customer is responsible for all usage of his account and is also responsible of the actual balance in his account.
  7. At PcTel.ca’ sole discretion, you may incur a port away fee for any DID number(s) leaving its network as this is a pass-through charge from PcTel.ca carrier(s).
  8. The following fees apply when porting numbers from US and Canada:
    • A $20 CAD fee for a port resubmission after a rejection.
    • A $90 CAD fee for a port cancellation once the order has been submitted to the carrier.
    • A $399 CAD fee for expediting a port with the carrier, if available.
  9. All traffic routed to the following markets will be rated based on durations measured by the following billing increments:

United States and Canada: 6 seconds increment, starting at a minimum of 6 seconds.

American Samoa, China, Cook Islands, East Timor, Fiji, French Polynesia, Gambia, Guam, Haiti, India, International Network, Iridium, Kiribati, Lesotho, Maldives, Mariana Islands, Mexico, Nauru, New Caledonia, Niue, Norfolk Islands, Papua New Guinea, Solomon Islands, Suriname, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Western Samoa, Global Mobile Satellite System, Satellite and Thuraya Satellite: 60 seconds increment starting at a minimum of 60 seconds.

Rest of the world: 6 seconds increment starting at a minimum of 6 seconds.

  1. Information on PcTel.ca site regarding service, including but not limited to termination providers, is based on information passed to it from intermediary companies and may have not been verified. PcTel.ca will use reasonable efforts to assure obedience to all the requirements of the law of Quebec, Canada about security and confidentiality of any transactions or information.
  2. PcTel.ca does not encrypt its transmissions, or sensitive parts of customer information in its database. PcTel.ca retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations.
  3. By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that PcTel.ca is not under obligation of confidentiality.
  4. Refund policy

PcTel.ca guarantees the customer that its service will be working as offered in its website. A Customer can ask for a refund of its unused balance, which will be governed as following:

20.   

    • If a Customer made a first deposit and did not use its credits for the reason that he can’t use the service, for any reason, PcTel.ca will refund 100% of the deposited amount to the customer.
    • If a customer made a deposit and does not want to continue with the Service, for any reason, the Company will refund the Customer in whole, for any unused pre-paid balance (total amount of deposits minus the usage by the customer), upon request, for all new deposits made within ninety (90) days of such request of refund. Any other amounts will not be refunded to the Customer, but will still be available for use.
  2. PcTel.ca uses a private security firm to automatically screen IP addresses upon logging in to the customer portal and also when the customer signs up for a new account. If this score is too high, the customer may be denied access by the system. You will not hold PcTel.ca accountable for any inconvenience, financial loss or other issues directly or indirectly related to this security measure.
  3. It is the customer’s responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. PcTel.ca will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded.
  4. All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the province of Quebec, Canada.
  5. In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring.
  6. If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the province of Quebec, and both parties agree to the exclusive jurisdiction of the courts in the district of Montreal, province of Quebec
  7. These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision, of these Terms is found to be invalid under the law, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
  8. The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs.
  9. Automatic Billing

The Company agrees to provide you with an Automatic Billing feature, which shall be governed by the present Terms and Conditions, and shall be available for every Customer.

28.   

    • The minimum deposit for the Automatic Billing feature is USD$15, and by using such feature, you are authorizing us to take the payment for the minimum deposit, and charge it to the credit card linked to you account. We reserve the right to change the minimum deposit amount at any time.
    • Every Automatic Billing account must have a minimum deposit of USD$15, but the Customer may choose any other threshold for the replenishment of his account, as long as that threshold amount is equal or higher to USD$15. By setting the threshold at the minimum of USD$15 or higher, you authorize us to take payment for such sum, and charge it to the credit card linked to you account, when such threshold is reached.
    • The Customer may use the Automatic Billing feature for all Services provided by the Company.
    • If the Customer’s card is declined or if payment cannot be taken with the provided credit card, you might not be able to use the Company’s Services, and you will receive a notice.
    • A maximum of 1 transaction per day is allowed.
    • The Company will use its best efforts to ensure proper functioning, but does not guarantee that the Automatic Billing feature will never be faulty.

 

In addition to the terms outlined above, we utilize the Visa, MasterCard and American Express Account Updater (AU) services through our payment processors. This service automatically updates your credit card information, such as the expiry date, to ensure uninterrupted use of the Automatic Billing feature. We do this to enhance your experience and prevent service disruptions due to outdated card details. This system operates within a secure and efficient framework, ensuring the privacy and security of cardholder data. By using the Automatic Billing feature, you acknowledge and consent to the use of such automatic updating services for continuous, hassle-free payments.

  1. Minimum deposit

Upon opening an account with the Company, the Customer must deposit a minimum of $50 CAD in order to use the Company’s Services.

  1. Phone call conversation / Phone call recordings

PcTel.ca offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province. As such, your recording of such conversation might be illegal, therefore you should make the proper verifications. By requesting or using the recording feature, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to PcTel.ca that you are acting legally. You expressly acknowledge and agree that PcTel.ca will not and cannot be held liable for any and all claim, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless PcTel.ca from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.

  1. Customer agrees and covenants that, when it is acting as an upstream provider originating traffic (hereinafter referred to as an “Originating Provider”) or passing traffic through (hereinafter referred to as a “Transit Provider”), if it receives any request from a traceback administrator duly authorized by US Telecom’s Traceback Group (ITG), which verification shall be made by the Customer, for information about suspicious robocalls that have been sent to a downstream provider (hereinafter referred to as a “Traceback Request”), Customer will promptly respond to the Traceback Request in good faith and offer its full collaboration. Customer agrees and covenants that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., Customer received the calls from Customer’s End User) or a Transit Provider (i.e., Customer received the calls from another voice provider). The Customer’s response shall also clearly identify the source of the calls, to the best of its knowledge. Customer agrees to share with ITG this information without requiring a subpoena or any other formal demand or request. Customer is not required to respond to more than ten (10) Traceback Requests per week.
  2. Any Customer wishing to be provided with short-call duration calls services (hereinafter Short Calls) must inquire directly to the Company via email at [email protected], which reserves the right not to provide such Short Calls to the Customer. Unless otherwise agreed in writing between the Customer and the Company, the rates in effect at time of inquiry will apply to the Short Calls services.
  3. Every Reseller of the Company’s Services represents and warrants that it has read the Terms and Conditions and understands that it is bound by such Terms and Conditions and must comply with them. Reseller also warrants and represents that it has the legal power to resell the Services and that it will maintain at all times the proper licences and authorizations, and specifically, must comply with all applicable rules and regulations applicable to the Services and reselling of such Services and that it will register with the proper authorities, as applicable, such as the CRTC or the FCC, or any other entity. The Reseller understands and agrees that the Company cannot be held liable for any and all fault and/or damages resulting directly or indirectly from the Reseller’s activities and/or use and/or resell of the Services, and will hold harmless and indemnify the Company from any and all such claim and/or damages. The Reseller will not and shall not make any representations on the Company’s behalf without prior written approval.
  4. The Company allows the Customer to choose and broadcast the music of its choice while its clients are in a calling queue, to the express condition that Customer disposes of the proper licenses and rights to such music. By broadcasting music, the Customer warrants that it owns or disposes of the proper rights and licences to broadcast such music, and that it understands that the Company does not own any rights and licences to broadcast the music, but only provides a feature for the Customer to do so. In the event of a third-party claim directly or indirectly related to queue music provided by the Customer, Customer will defend, indemnify and hold harmless the Company from any and against any and all claims.
  5. Transcription

By using the Transcription feature, the Customer covenants and agrees that the Company may use any service provider and/or third party to render the Transcription Services or part thereof, and that Customer data might be sent to, hosted and used by the third party in order to provide the Transcription Services to the Customer.

By requesting and using the Transcription Services provided by the Company, the Customer represents to the Company that it has the authority and authorization to use such feature and warrants that its utilization of such feature is in accordance with its applicable laws and regulations.

By using the Transcription Services, the Customer agrees and covenants that the Company will not be held liable for and any all claims, damages, loss or fees arising directly or indirectly out of Customer’s use of the Transcription Services and that it will hold harmless, defend and indemnify the Company from any and all third-party claim arising directly or indirectly from the foregoing. The Customer hereby waives any and all such claims and cause of action against the Company.

  1. Business Text Messaging

It is mandatory for any business looking to send SMS/MMS traffic in United States to complete a registration process for their brand and campaign with the details of their messaging traffic.

This requirement applies to all businesses regardless of the nature of their messaging traffic. Unregistered messaging traffic will incur additional per-message fees, and may be subject to filtering, blocking and fines.

To initiate the process, please contact our team at [email protected].

  1. Account Closure due to Inactivity

PcTel.ca reserves the right to close your account if it remains inactive for a period of 24 consecutive months.

If your account is flagged as inactive, PcTel.ca will notify you via email that your account will be closed if you do not log in or contact us within 30 days of the email notification.

If you fail to take any action, your account will be closed. PcTel.ca will not be liable for any losses or damages incurred as a result of the closure of your account due to inactivity.

  1. User-Provided Information

By using this Service, each user certifies that all information, data, and content provided is true, accurate, and complete to the best of their knowledge. Users are solely responsible for the veracity of their submitted information. PcTel.ca reserves the right to verify the accuracy of user-provided information, which may include requesting additional documentation or conducting investigations. In the event of false, misleading, or inaccurate information submission, PcTel.ca may, at its discretion, suspend or terminate the user’s account and interrupt service provision. Users are required to promptly update their information to reflect any changes. Furthermore, users agree to indemnify and hold harmless PcTel.ca and its affiliates against any claims or liabilities arising from misrepresentation of their submitted information.

911/Enhanced 911 (e911) Emergency Service

The present Terms of Service are in addition to the Terms of Service applicable to the Services

Due to recent pursuant FCC/CRTC rulings and regulations, all Customers who are using PcTel.ca services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. As per regulations, Customer must also make sure that their communication systems permits all users to dial 911 at all times, without the need to dial a prefix, and that, should 911 be dialed from the Customer’s communication system, proper personnel and authorities be promptly informed of the emergency. The Company endeavors to provide promptly to the Customer the location information necessary to abide by rules and regulations. By the present Terms and Conditions, the Customer agrees to comply with such regulations and understands that the Company will assume no liability in case of any breach of said regulations by the Customer.

The portion of the 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical location will not be provided to the PSAP dispatcher. On occasions of this kind, it will be your sole responsibility to give the dispatcher the location of your emergency to receive emergency service assistance, and the Company shall assume no liability to that extent.

Due to the quality variability of non-IVoIP networks, PcTel.ca cannot and does not guarantee your emergency call will go through. Many conditions such as loss of power, Internet access and or several other may cause 911 to be inoperable. PcTel.ca does not have control over those types of situations and therefore can not be held liable. PcTel.ca will do everything within its power to prevent service outages within its network.

For e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms and Conditions, the Customer is deemed to have set the outbound Caller ID number to the DID he has enabled e911 services for when making an outbound 911 emergency call.

PcTel.ca has added an extension to its network where all PcTel.ca users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ‘1-555-555-0911’ through PcTel.ca’ network.

By using PcTel.ca’ enhanced 911 service, the customer agrees that PcTel.ca, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and anyone else associated with PcTel.ca is not held liable for emergency calls failing, even if it is determined that it is the fault of PcTel.ca or its associates, and releases the Company from any and all liability. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the PcTel.ca 911 service of our limitations and make customers agree to not hold PcTel.ca or customer liable.

PcTel.ca reserves the right to make changes to its site, services, policies and these Terms of Service at any time.

 

The following terms and conditions of service (these “Terms”) govern your use of the Services. Any Pc-Tel document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the “Materials”) together with these Terms constitute our agreement with you (the “Service Agreement”). If there is any inconsistency between the Materials and these Terms, these Terms will prevail.
Throughout this document:
• us, we, our, PcTel and Pc-Tel means the Pc-Tel entity named in the Service Agreement;
• Service or Services means the Internet access services, phone services or other services that you subscribe to under the Service Agreement or receive from or through Pc-Tel. The Pc-Tel Internet access services are referred to in these Terms as Internet Services;
• Equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Service
• Residents of Québec means residents of Québec who enter into a Service Agreement to which the Consumer Protection Act (Québec) applies.
Your account information may, from time to time, be disclosed to other members of Pc-Tel, to our agents and dealers in order to service your account, respond to your questions and telemarket and promote additional products and services offered by Pc-Tel that may interest you. If you do not wish to receive offers or information from Pc-Tel, please contact us at the address set out below.
Not applicable to Residents of Québec: Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, content, functionality, structure or any other aspects of the Services, as well as any term or provision of the Service Agreement, upon notice to you. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Service Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 33. If you do not accept a change to these Terms, your sole remedy is to retain these Terms unchanged for the duration of the Commitment Period (as defined below), upon notice to us within 30 days of your receipt of our notice of change to these Terms.
Applicable only to Residents of Québec: Unless otherwise specified in the Service Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you: a) with respect to a plan or Service not subscribed to for a Commitment Period (as defined below), any charges, features, content, functionality, structure or any other aspects of the plan or Service, as well as any term or provision of the Service Agreement, and b) with respect to a plan or Service subscribed to for a Commitment Period, any aspect of the plan or Service, as well as any term or provision of the Service Agreement, other than essential elements of the plan, Service or Service Agreement. If the change entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate your Services without an ECF (as defined below) by sending us a notice to that effect no later than 30 days after the amendment takes effect.
By entering into the Service Agreement, you:
• authorize Pc-Tel to obtain information about your credit history and agree that Pc-Tel may provide information to others about your credit experience with Pc-Tel;
• accept all provisions of the Service Agreement, including those set forth in the Materials and these Terms;
• agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
• acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
• acknowledge that you have received and had the opportunity to review a copy of the Service Agreement, including the Materials and these Terms;
• 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.
Charges; Account and Payment Information 1. Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier (the “Activation Date”). 2. Unless otherwise agreed to by you and us, we will bill you monthly. We may bill you, however, for a charge up to six months from the date the charge was incurred. 3. You are liable for all charges to your account. 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. 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 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. 5. Not applicable to Residents of Québec: 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 restoral of Service.
6. Applicable only to Residents of Québec: Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the change of any identifier (e.g., phone number). A list of such charges is available on request, and is incorporated into these Terms by reference. 7. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges. 8. Unless otherwise set out in the Materials, if you agree to subscribe to one of our plans or Services for a committed period of time (the “Commitment Period”), you may be subject to an early cancellation fee (“ECF”) for each Service. Any decrease in your Commitment Period may be subject to a fee. If your Service is terminated prior to the end of the Commitment Period, you will pay us an ECF as specified in the Service Agreement, plus taxes. 9. If you are receiving any benefit as a result of your relationship with a third party (e.g., your employer), we may verify such relationship. If you become ineligible to receive such benefit for any reason (e.g., your employment is terminated or your employer becomes ineligible to receive the benefit), we reserve the right to transfer your Service to an alternate Service plan, as determined by us in our sole discretion. 10. Changes to your account (e.g., price plan, features or identifiers) may not take effect until after your next billing date.
Deposit; Credit Requirements
11. Not applicable to Residents of Québec: We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. You will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.
12. Applicable only to Residents of Québec: We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. Any security deposit held by us will bear interest at the rate determined by regulation, as determined from time to time, from the date we collect a security deposit or from June 30, 2010 if a security deposit is already being held by us at that date, until the date we return it to you. We will notify you upon using all or part of a security deposit. If your Service is terminated, we will return any security deposits with applicable interest minus the outstanding final balance on your account within 30 days of termination of your Services.
13. Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts, if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.
Identifiers
14. You do not own any identifier (e.g., account, e-mail, IP or Web page address; access code, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.
Policies and Acceptable Use
15. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. We will provide you with notice of the Policies and of changes to the Policies. 16. You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.
Your Content
17. You grant us the following world-wide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:
• With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
• With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.
18. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with the Service Agreement or any Policies, or protect ourselves, our customers or the public. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Service Agreement.
Equipment
19. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:
• you will take reasonable care with such Equipment;
• you may not sell, lease, mortgage, hypothecate, transfer, assign or encumber such Equipment;
• you may not re-locate such Equipment without our knowledge and permission; and
• you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related.
If such Equipment is lost, stolen or damaged or sold, leased, mortgaged, hypothecated, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
20. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. 21. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services. Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so. 22. You must immediately notify us, at any of the points of contact specified below, if your Equipment is lost, stolen or destroyed. If you then wish to terminate your Services, your obligations under the Service Agreement, including the ECF, will apply.
Software and Content
23. Any software, content (including, without limitation, ring tones, full music tracks, graphics, video clips, applications and games) and/or accompanying documentation that we provide or sell to you or that you receive or purchase through Pc-Tel is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage. Such software or content may from time to time automatically and, without notice to you, cause your Equipment to access the Internet incurring data usage and/or overage charges. You must review and agree to any applicable end user licence agreement of Pc-Tel, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the Service Agreement.
No Warranties
24. You acknowledge and understand that the Services or access to the Services, including 9-1-1, which may or may not be available, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
• if your Equipment fails, is not configured correctly or does not meet Pc-Tel requirements;
• in the event of a network outage or extended power failure;
• if you tamper with or, in some cases, move the Equipment;
• following suspension or termination of your Services or account.
25. Neither Pc-Tel nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, “Pc-Tel Parties”) are responsible or liable to you for any software, content or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content or services or anything that is or can be done with such software, content or services even if you are billed for such software, content or services. All such software, content or services is accessed or transmitted solely at your own risk.
26. Not applicable to Residents of Québec: To the maximum extent permitted by applicable law:
• the Pc-Tel Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
• you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering;
• the Pc-Tel Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Pc-Tel Parties creates any term, condition, representation or warranty not expressly stated in the Service Agreement.
You are solely responsible for the following matters: • any access to the Equipment; • maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
27. Applicable only to Residents of Québec: To the maximum extent permitted by law:
• the Pc-Tel Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
• you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering;
• the Pc-Tel Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
You are solely responsible for the following matters: • any access to the Equipment; • maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and • protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
Limitations of Liability 28. Not applicable to Residents of Québec: Unless otherwise specifically set out in the Service Agreement, to the maximum extent permitted by applicable law, the Pc-Tel Parties will not be liable to you or to any third party for:
• any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
• the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
• any error, inclusion or omission with respect to any telephone listings or directories;
• the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, which may or may not be available, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
• any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
• any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
• any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
• any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on the Pc-Tel Parties’ liability set out elsewhere in the Service Agreement and apply to any act or omission of the Pc-Tel Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law. 29. Applicable only to Residents of Québec: Unless otherwise specifically set out in the Service Agreement, and except for damages resulting from a Pc-Tel Party’s own act, the Pc-Tel Parties will not be liable to you or to any third party for:
• any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security or property damage) resulting or relating directly or indirectly from or relating to the Offering;
• the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
• any error, inclusion or omission with respect to any telephone listings or directories;
• the denial, restriction, blocking, disruption or inaccessibility of any Services which may or may not be available, public alerts or special needs services, Equipment or identifiers;
• any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
• any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve;
• any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
Indemnification
30. You will indemnify and hold harmless the Pc-Tel Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Pc-Tel Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
Privacy and Confidentiality of Your Information
31. Our corporate and online Privacy Policies are available at http://www.pctel.ca, To contact our Privacy Officer in order to access, or obtain more information about, your personal information held by Pc-Tel, make a privacy-related complaint, or obtain a copy of our Privacy Policies: e-mail us at: [email protected] . Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
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.
Term; Suspension; Termination
32. The term of the Service Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of the Service Agreement or applicable law.
33. Not applicable to Residents of Québec: Unless otherwise permitted by applicable law: • you may terminate any or all of your Services upon no less than 30 days’ advance notice by contacting Pc-Tel at the appropriate points of contact specified in these Terms; and
• Pc-Tel may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address.
Applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s), and
an ECF may apply as set out in Section 9.
34. Applicable only to Residents of Québec:
• you may terminate any or all of your Services at any time by sending us a written, dated notice or by contacting Pc-Tel at the appropriate points of contact specified in these Terms. If you have subscribed to a plan or Service for a Commitment Period before June 30, 2010, then you must terminate your Services in accordance with Section 33; and • Pc-Tel may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to the Service Agreement, including one of the events of default described in Section 34 below. If you have subscribed to a plan or Service for a Commitment Period, then we may terminate your Services only if you are in default of your obligations hereunder, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.
Applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s), and an ECF may apply as set out in Section 8.
35. In addition to our rights to terminate your Services pursuant to Sections 33 and 34, we may restrict, block, suspend or terminate any or all of your Services or accounts, which may or may not be available, or identifiers in any way, without notice or liability to you, if:
• you are in breach of the Service Agreement, including non-payment of your charges or non-compliance with any Policies;
• you do not maintain Service usage within the prescribed credit limit;
• you exceed reasonable usage limits, as determined by us;
• you have given us false, misleading or outdated information;
• we reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others;
• you harass, threaten or abuse us or our employees or agents;
• you fraudulently or improperly seek to avoid payment to us;
• we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks;
• any account or service on which your Services depend is terminated for any reason; or
• we reasonably believe that there is an emergency or extreme circumstance that would warrant such action. 36. If we restrict, suspend, block or terminate your Services or accounts: • you must pay any amounts owing;
• we may also suspend, block or terminate, without notice or liability, your Services under any other agreement or account that you may have with us or a related Pc-Tel entity (including accounts that may be in good standing);
• you may be charged for any costs incurred by us or any related Pc-Tel entity in connection with your breach of these Terms, including costs incurred to enforce your compliance;
• your access to emergency or special needs services may also be restricted, suspended, blocked or terminated; and
• your rates for services with related Pc-Tel entities may change in accordance with the terms of those services.
Arbitration
37. Not applicable to Residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts: • the Service Agreement;
• the Services or Equipment;
• oral or written statements, advertisements or promotions relating to the Service Agreement, the Services or Equipment; or
• the relationships that result from the Service Agreement. 38. Not applicable to Residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Pc-Tel will pay all reasonable costs associated with any such arbitration.
Intellectual Property
39. All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by, Pc-Tel. All are recognized as valuable assets of their respective owners, and may not be
displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of Pc-Tel.
Entire Agreement
40. The Service Agreement, as amended from time to time, constitutes the entire agreement between you and Pc-Tel for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. These Terms cannot be changed by you. The following provision does not apply to Residents of Québec: No sales representative, dealer, agent, officer or employee of Pc-Tel has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification.
General
41. With respect to Internet Services, the obligations of Pc-Tel are several and not joint. If any portion of the Service Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Service Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Service Agreement. The Service Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Pc-Tel respective successors and assigns. You may not assign or transfer the Service Agreement without our prior consent. We may assign or transfer the Service Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 8, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 45, and 48 survive termination of the Service Agreement.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
Governing Law
42. The Service Agreement is governed exclusively by the laws of the province in which your billing address is located, but if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Québec and you submit to the jurisdiction of the courts of Québec. Please note that your rights and remedies may vary by province.
How to Contact Us
43. To contact Pc-Tel regarding the Services: call 1-514-800-2090) or, go online at http://www.pctel.ca or write to Pc-Tel Customer Relations Manager, 188 Ashton, St-Laurent, Quebec, H4N 1B4.
44. Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
ADDITIONAL TERMS APPLICABLE TO INTERNET ACCESS SERVICES
Home Networking 45. You acknowledge and understand that when using home networking, there are certain inherent risks (e.g., other users may gain access to your system or your Services and accounts). Pc-Tel shall not be liable for any claims or damages relating to home networking, even if the home networking application or service is provided, installed, maintained or supported by Pc-Tel.
Connections
48. You must supply all facilities and equipment, including all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the point where the local telephone company’s facilities end and your facilities begin. It is your responsibility to reconnect your facilities and equipment as necessary after termination of your phone Services.

If you find a lower price with another retailer, before you buy, we’ll gladly match that price.

Products that qualify for our Price Match:
The product you’re comparing must meet the following criteria to qualify:
•    must have the exact same brand name and model #
•    must be priced in Canadian Dollars and include all environmental fees, shipping costs, and other charges
•    must be sold and shipped by a retailer and authorized dealer located within Canada

The following types of sellers do not qualify for a price match:
•     Marketplace sellers on websites such as Bestbuy.ca, Amazon.ca or resellers such as eBay.ca
•     Any sellers whose products are refurbished or liquidated
•    The product must be in stock, available for sale, and cannot be a limited time offer, pre-order, or available only in limited quantity
•    The product’s price must not be lower due to an advertising error, misprint, or special sale price**


** Special sale prices include: Black Friday, Black Friday Month, Black Friday Prices Now and Early Black Friday Sales, Friends and Family, Members Only Pricing, Ultimate Smartphone Sale, Cyber Monday, Boxing Day/Week, Black Friday in Summer, Black Friday in July, pre-orders, point-of-sale activation cards, special educational prices, restricted offers, mail order offers, rebates, coupons, premiums, free or bonus offers, Original Equipment Manufacturer (OEM) prices, close-outs, liquidations, clearances, demos, refurbished items, open box items, financing offers, and trade-in offers.
ggle Content

REWARDS Program may be changed, suspended or terminated at any time without notice. Changes may include, among other things, modifying the amount of purchases required to qualify for the various potential Rewards tiers, changing the Rewards percentages, imposing additional restrictions, or terminating the REWARDS Program, including outstanding Rewards points and Electronic Coupons. Pc-Tel reserves the right to interpret REWARDS Program rules and policies in its sole discretion and will be the final authority on point credits and Rewards qualifications.