CIK GENERAL TERMS and AGREEMENT OF SERVICE
The following terms and conditions of service (the “Terms”) between CIK Telecom Inc. ("we," "us" or "CIK") and the user ("you," "user" or "Customer") of CIK's High Speed Internet, home phone and IP TV services and any related products or services ("Service"). This agreement governs your use of the Services. If there is any inconsistency between other documents describing the CIK plans, features, services or products and these Terms, these Terms will prevail.
1.0 Emergency Services- 911 Dialing through VoIP (Voice over IP) services
1.1 Non-Availability of Traditional 911 or VoIP 9-1-1 Dialing Service. CIK offers on its VoIP phone service, a form of 911 Dialing service (911 Dialing) that is similar to traditional 911 (911) service but has some important differences and limitations when compared with enhanced 911 Dialing service (VoIP 9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 911 and VoIP 9-1-1 Dialing service, your call is sent directly to the nearest emergency response centre. In addition, with traditional 911 dialing service, your call back number and address are visible to the emergency response centre call-taker. With Voip Phone’s 911 Dialing service, your call is sent to a national emergency call centre. The emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. The call centre operator will confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers. The customer agrees to inform any user and potential users of the service the natural and the limitations of the provided 911 service.
1.2 Registration of Physical Location Required. For each phone line that you utilize with the Service, you must register with CIK the physical location where you will be using the Service with that phone line. Your initial location will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency centre near your old address. You may update a location by logging on to your online account or contact our 7x24 hour support centers. For purposes of 911 Dialing, you may only register one location at a time for each phone line. Regardless of what address you register for a portable device (such as Wi-Fi, CIK V-Phone or Soft Phone), emergency calls you make from these devices will be routed to the CIK national emergency response centre.
1.3 Service Outages.
1.3.1. Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to restart the Device before you use the Service, including 911 Dialing.
1.3.2. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service or Broadband Provider Blocking of Ports or Other Acts. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. You acknowledge that CIK is not responsible for the Internet Outage or Suspension or Disconnection of Broadband Service, and any loss of Service, including 911 Dialing, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
1.3.3. Service Outage Due to Disconnection of Your CIK Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
1.3.4. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described in this Agreement.
CIK GENERAL TERMS and AGREEMENT OF SERVICE
1.4 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.5 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither CIK nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless CIK, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.6 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or VoIP 9-1-1 services or disconnecting the Service.
1.7 Unlimited calling. CIK may provide unlimited calling plan from time to time, however unlimited calling plans have a maximum cap to prevent malicious use of CIK service, when those abnormal usage detected, CIK may suspend the service without notice.
1.8 Maximum Internet speed. CIK is always trying to provide the highest speed as possible by continuing upgrading CIK network and equipment, however we can not guarantee the maximum internet speed as it is related to many factors such as distance from CO to customer site, customer home network condition, Network equipment such as Wi-Fi router, Time of a day, physical line condition etc. Maximum speed in peak hour may be a little bit slow for some of customers if they are in the network where CIK implements Internet Traffic Management (ITMP) from time to time but it would not affect majority of customers’ normal download and upload activities. The personal information CIK collect for purpose of managing Internet traffic is not used for other purpose and is not disclosed. For current CIK ITMP practice, please check our FAQ online available from www.ciktel.com.
1.9 Unlimited downloading. CIK may provide unlimited internet usage for upload/download with or without conditions which is based on residential customer normal usage, if abnormal usage or malicious activities detected which endangers CIK’s network, CIK may suspend customer’s service or limited the speed without notice in advance. CIK unlimited internet downloading policy is also governed and affected by CRTC rules and decision, government laws, and provider’s policy which if any change, CIK will notice customers by email 30 days in advance at least. CIK may limit the usage during certain period of time of a day such as peak hour from 18:00 to 24:00 in part of our network or whole network. CIK also may implement different Internet Traffic Management (ITMP) from time to time at sole decision with 30 days notice in advance to affected customers if there is any change.
1.10 Copyright and legal issues. CIK is not regulating CIK internet customer internet activities, however if CIK received any complains of copyright or legal issues due to CIK customers’ activities such as uploading/distributing contents against copyright, CIK customer must remove the contents or stop the activities within 24 hours after receive email notice from CIK abuse team otherwise CIK may suspend the account with a written notice by email. CIK may be required provide customer’s information under legal proceedings regarding complaints due to legal issues and reports on copyright infringement.
2.0 Service Agreement
2.1 Service Term. Service is paid for on a recurring basis for a term that begins on the date that CIK activates the service and ends on the last day of the billing term (“Service Term”). After the expiration of the term, the service billing is automatically changed to a month to month basis unless replaced by another term upon customer’s request.
2.2 Residential Use of Service and Device. If you subscribe to CIK’s residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
2.3 Charges, Billing and Payment When the Service is activated, Subscriber is responsible for providing us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. Subscriber is responsible for paying all charges, including long distance charges plus all applicable taxes thereon, for the Services subscribed for from CIK , the calls made via Subscriber's telephones or telecommunications systems or the calls made using any number or authorization access code assigned to Subscriber; You also agree to make all your payments by pre-authorized credit card payment with the card number you gave CIK during the activation process unless you have written notice to stop the pre-authorized credit card payment.
2.3.1. CIK will provide customer with a monthly on-line invoice for services and send the bill invoice to customers by email within 5 days from the invoice generated date. For new register customers, the 1st bill will include previous month monthly fee and variable charges such as long distance charge, internet usage and pay per view etc calculated by days from the date customer sign-in plus current month monthly charge. For old customers, it includes previous month variable charge plus current month monthly charge.
2.3.2. CIK provide unlimited local calling to major cities in Canada including Toronto, Montreal, Ottawa, Vancouver and Calgary except some area such as 1-867 or special numbers such as Area code +555-XXXX or some special service number such as 1-900 numbers.
2.3.3. Paper bill processing fee. All CIK customers are provided online access to view invoices free of charge and by default therefore we do not provide paper bill to any customers. We encourage customer to view the bill from our web site to save the environment. Effective from 1/1/2015, we do not charge any customers who are receiving paper bill.
2.3.4. Late Payment and Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, CIK may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
2.3.5. 911 Fees – As a mandatory to provide VoIP 911 service per CRTC, CIK may charge a service fee per month to provide this emergency service. Depending on where you live, these fees may be different.
2.3.6. Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
2.3.7. Taxes. Prices, fees and rates for Service do not include customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. No taxes shall be included in any refund to Customer under the Agreement.
2.3.8. Number porting out fee. Per CRTC rules, customers have the right to switch phone numbers between phone companies. However we have to pay certain costs to get number ported in or out. CIK may waive the porting charge during promotion period from time to time. If customers cancel porting within 3 days before the targeted porting date or terminate CIK service within 90 days from port-in date, $25 porting administration fee will be charged. To transfer a CIK number to another company when cancel CIK service will incur an administration fee of $25 per number as well.
2.3.9. Activation, processing fee, shipping and handling fee: This would cover the cost of service activation, processing, shipping and handling cost etc and it is non-refundable once order is processed.
2.3.10. Equipment charge. All CIK customers to use the CIK service would need hardware equipment at customer site (Referred as CPE) and CO side. CIK might sell or rent the CPE to the customers. All equipment sold by CIK are non-returned if over 30 days from shipping date. If returned within 30 days, the charge minus restocking fee will be refunded. All equipment sold by CIK will have life time warranty as long as the customer is using the CIK service. The life time warranty is non-transferable. CIK will guarantee all hardware units to be in proper working condition and will replace all units free of charge if damaged due to non man-made reason. Customers must return faulty units to CIK and upon further inspection if requested, if CIK deems the fault to be caused by the Customer, CIK will charge the customer for the cost for replacing the units including hardware cost and shipping/handling fee.
2.3.11. Configuration charge. If customer uses own equipment, there may have some charge for configuring the device.
2.3.12. Installation charge: CIK usually charges a processing fee which covers the standard installation/setup required for starting using CIK’s service, therefore no extra installation charge would be required. However if customer requests non-standard installation or setup, an installation charge will be applied based on the distance, hours and material.
2.3.13. Deposit. For some product and service plans, CIK might charge 1 month deposit which will be applied to customer last invoice upon cancellation. No interests will be applied to the deposit.
2.3.14. In-Site Service Fee. CIK Tech Support Department has its troubleshooting procedure to help customer investigate and solve customer issues more efficiently, however if customer due to personal reason to request CIK in-site tech to visit which is not within CIK free service category, an in-site service fee will be charged based on the distance, hours and material required. CIK has the sole decision to decide the visit is free or not. The following visits will be charged: 1) Request to replace defective modem 2) Request to connect customer equipments 3) Request to configure customer own router/computers 4) For issues customer reported but is identified due to customer own reason or not able to duplicate the issue.
2.3.15. DMC charge. DMC charge refers to Diagnostic maintenance charges which major ILEC and cable companies got approved in CRTC tariff. Once we open trouble tickets to our last mile providers such as Bell/Rogers/Telus/Cogeco/Videotron/Shaw etc and if the issue is not found or it is identified due to customer own issue, a DMC charge will be billed to CIK. We will investigate the DMC and will pass the charge to the customer if it is proved to be customer own issue.
2.3.16.NSF charge and Credit card charge back: For failed PAP bank transaction, returned cheque or credit card charge back, a finance charge will apply.
2.3.17 Rate and price change. Decisions or orders issued by the Canadian Radio and Television Commission (the "CRTC") and other regulatory bodies with jurisdiction over CIK or CIK service may have a direct impact on limitation of service and costs of CIK services. As such, the citied prices and service CIK offer on the initial terms will be adjust to reflect the change, CIK will try best to inform customer in advance should there be need for such change, CIK is not liable for such change should it interrupt or make CIK failure to provide the service to customer as stated in the initial terms. For any such change, customers will be given 30 days notice at least in advance.
2.3.18 Billing error. CIK reserve the right to correct any error in billing for period of time up to 12 months and apply the appropriate charges retroactively.
2.3.19 Refund. General refund upon customer cancellation would be completed within 4-6 weeks from the date we receive returned customer equipment is or the date of requesting service cancellation if no equipment return required. The Customer payment is made via credit card then by default the refund would be back to credit card. For other payment method will be by cheque and sent by regular mail.
2.4 Credit and Security Deposits CIK reserves the right to examine Subscriber's credit record before activating the Services. Should CIK at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the Services to Subscriber. CIK will determine, at its discretion, how Subscriber's deposit or other security will be allocated to satisfy outstanding amounts owed by Subscriber to CIK. By subscribing to the Services, Subscriber authorizes CIK to investigate Subscriber's credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as CIK may reasonably request for this purpose. All deposits or other prepayments made by a Subscriber in connection with the Services will earn no interest.
2.5 Term Term and monthly Rate Guarantee CIK services are sold on the following basis and may be apply to early cancellation fees.
2.5.1. Term Terms: The term of a term shall also serve as a monthly rate guarantee to the Subscriber whereby the monthly service fee cannot be increased by CIK for the entire term. During the term of the term, the customer should not make any change to the service including service address, speed, adding/removing service or terminating service etc, otherwise early cancellation fee up to the total amount of the remaining months might be charged.
2.5.2. No Term. Subscriber may cancel service without early cancellation fees. CIK may increase rates at any time by providing Subscriber with 30 days notification.
2.6 Services Interruption
2.6.1. CIK may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other reasons as may be required. CIK telecommunications service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that CIK VoIP service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.
2.6.2. CIK is not liable for:
126.96.36.199. Any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);
188.8.131.52. Subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's equipment or facilities;
184.108.40.206. Any event beyond the reasonable control of CIK including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and
220.127.116.11. Any charges by third parties including other telephone companies or wireless carriers for services. Subscriber agrees to indemnify and hold harmless CIK against all claims, including fees and expenses of counsel, resulting from Subscriber's use (or the use by others with Subscriber's explicit or implicit consent) of the Services, Subscriber's codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
18.104.22.168. In general, CIK maximum liability is only limited to the month service fee we charged during the period where service interrupted or unable to be provided due to the reasons not covered in this agreement.
2.7 Disconnection and Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. CIK will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
2.8 Suspension or Termination of Services by CIK
2.8.1. Without incurring any liability whatsoever, CIK may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:
22.214.171.124. Fails to pay an account that is past due, or provides payment by cheque or credit card which is not honored by Subscriber's bank;
126.96.36.199. Fails to provide or maintain a reasonable deposit or alternate security when requested to do so by CIK;
188.8.131.52. Fails to meet CIK’s credit requirement or Subscriber become bankrupt or otherwise insolvent;
184.108.40.206. Fails to comply with the terms of a deferred payment or credit agreement with CIK;
220.127.116.11. Uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
18.104.22.168. Charges or allow others to charge any other person for the use of the Services without CIK’s prior written agreement;
22.214.171.124. Harasses, threatens or otherwise act unreasonably towards CIK, its employees or agents, or in relation to the Services;
126.96.36.199. Alters or otherwise interferes with CIK’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or CIK’s equipment, facilities or network; or
188.8.131.52. Uses or permits others to use the Services for resell
184.108.40.206. Abuses the network with excessive usage as may be determined by CIK. Excessive usage shall be determined solely by CIK
220.127.116.11. Uses or permits others to use the service for commercial or business use.
2.8.2. Reconnection Fee: A suspension or termination will not affect a Subscriber's obligation to pay any amounts owed to CIK either during or after the suspension or termination. If termination occurs during a term period, Subscriber will be charged for all usage plus the term obligations. Should reactivation of services be required, CIK will charge a reasonable reconnection fee.
2.8.3. Where the Services are cancelled, either by Subscriber or by CIK as provided herein, and there is an undisputed credit balance on Subscriber's account, Subscriber may require that it be refunded to Subscriber and CIK reserves the right to charge a reasonable processing fee in connection with issuing refunds.
2.9 Subscriber's Right to Terminate Services and Early Cancellation: For any cancellation request, customer can contact our customer care by phone and provide the requested disconnection date. Note after the first 30 days warranty period, for plan on term, early cancellation fee will apply if cancel before the term end date. For phone service cancellation, if customer wants to transfer the number, the service disconnection date would be the date the number ported away.
2.9.1. Term Terms: The subscriber is responsible for early cancellation fee of their term period. Early cancellation fee shall be applied according to the term term specified in the plan description area in the printed order we ship to the customer with hardware prior to activation. The term start date shall be the date that the Subscriber enrolled for CIK Services. Once the term expired, it is automatic renewed to month to month basis unless requested by customers.
2.9.2. No-Term: Customers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date.
2.10 No Directory Listing or 411 Service. The phone numbers you obtain from us will not be listed in any telephone directories or 411 listing. Phone numbers transferred from your local phone company maybe listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
2.11 Incompatibility with Other Services. (a) Home Alarm Systems. The Service may not be compatible with home alarm systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any alarm system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm system with the Service. CIK will not be responsible for any damage or loss due to alarm system not working. (b) Apartment Buzz Number. You acknowledge that the Service presently may not compatible with some apartment buzz number service, and there may be other services with which the Service may be determined to be incompatible.
2.12 Customer Service. We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the "FAQ" section of our web site located at www.CIKTEL.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
3.0 Payment, Refund and Collection.
3.0.1. Payment. Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
3.0.2. Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
3.0.3. Notices. You understand that CIK send billing online by email monthly and you can check the billing online from CIK web page, it is difficult for CIK to confirm you receive the monthly billing by email. You agree to waive your rights to receive at least ten (10) days advance notice from CIK regarding the amount that CIK will debit from your account. CIK may send you messages about your billing from time to time, but CIK is not obligated to do so. CIK may change or cease its messages at any time without notice to you.
3.1 Money Back Guarantee and Equipment warranty. CIK offers different qualify of service guarantee to different products and services with the following terms.
3.1.1 30 days Quality of Service guarantee. CIK offers a thirty (30) day grace period ("Trial Period") to new Customers for their first CIK service. The Activation Date is the first day CIK active account for customer or the first day customer’s phone number transfer to CIK. If Customer is not satisfied with the Service, Customer may terminate the CIK Service at any time during the Trial Period and CIK will waive the charge of monthly fee charge. The Trial Period refund does not apply to variable charges or any local, state or federal taxes charged to Customer. If Equipment sold if return with 30 days, a restock fee before tax may be applied. All one time charge like activation fee, processing fee, configuration fee, shipping and handling fee are non-refundable. To obtain a Trial Period refund, Customer must:
(1). Call CIK 7 x24 customer support hotline within thirty (30) days from the Activation Date and
(2). Mail the Equipment to one of CIK national shipping centers or corporate store specified within seven (7) days after calling or email to terminate service in its original condition including, all packing materials without damage on interface, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our agents will not be processed. If CIK does not receive the returned Equipment within thirty (30) days after the termination date, no refunds will be made to Customer.
(3). Customer must pay all costs of shipping the Device back.
(4) Customer can not request cancellation if CIK opened trouble ticket to our local providers such as Bell/Rogers, otherwise a DMC charge 90$+ tax will be applied to the customer account. Customer can request cancellation after the issue fixed.
(5). CIK standard 30 days guarantee policy applies only to new customer and the first service in a new address, not to additional service in the same address or old customer moving to new address.
3.1.2 Equipment warranty: Equipment refers to the boxes (CPE) required at customer site so that CIK can provide service to the customers. From time to time, there are two different options for CIK to provide CPE to the customers: Free Rental, or Purchased. Free Rental: All CPE boxes customers paid with or without deposit only when service started and usually comes with 1 year term. Purchased: Those boxes are sold to the customers at the original or discounted price. Warranty: CIK provides life time warranty to the Rented or sold CPE as long as customer is using CIK service, if the CPE broken due to non-man made reason, CIK will replace the CPE free of charge. For man-made reasons example due to using wrong power adaptor, pouring water into the box, physical damage etc, customer need to buy new CPE and CIK will ship it free. Upon the service cancellation, CIK is not responsible for any liabilities of the CPE from the date of service termination.
3.1.3 CIK hardware warranty and support policy
18.104.22.168 All hardware customers obtain either free rental or purchased from CIK are developed/designed for the purpose of using CIK service only;
22.214.171.124 When customers obtain those hardware via purchase, CIK already offered big discount to offset the purchase cost;
126.96.36.199 Those hardware are provided life time warranty as long as customer remains using our service;
188.8.131.52 Once customer service is disconnected, those hardware will automatic lose warranty from CIK;
184.108.40.206 CIK has no obligation to guarantee any of CIK equipment would be working with any third party’s service;
220.127.116.11 CIK will not provide any support to those hardware including changing configuration, firmware upgrading, repairing, exchanging etc after CIK service is cancelled;
18.104.22.168 CIK has no liability for any issue or failure caused by those equipment.
3.2 Marketing Promotion terms
3.2.1. Hardware free rental promotion, CIK might give hardware with free rental to customers so that customers can use our services. Those promotion equipments (the "Equipments") might not be exactly the same as the pictures shown in the advertisement and might have different models as well. CIK reserves the right of final explanation and decision of which type of equipments to give. The equipments might be either new or refurbished, and are tested and guaranteed to be working. But the equipments are not guaranteed to be new from original manufactures. Those equipment has the CIK standard hardware life time warranty if the equipment damaged is not due to man-made reasons (such as fire, broken due to wrong power adaptor, physical damage, pour water etc.). Upon cancellation to CIK service is made over 30 days from activation, these free rented equipment should be returned to CIK to avoid additional charge, or customer can purchase them at discounted price if agreed and approved by CIK.
3.2.2. One Time Fee Discount. CIK might give discount to or waive one time charges such as Processing Fee, Activation Fee, Shipping and Handling Fee and Hardware Purchasing Fee etc. at intervals for the purpose of promotion. For the part of the one time charges which was discounted away or waived, if customers cancel the service within 30 days, the discounted or waived portion will be charged back to the original level. If customers cancel the service after 30 days from the service activation, there would be no charge back for the one time fee discount.
3.2.3. Service Fee Discount CIK might give new customers monthly service fee discount from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 month, 1 year, 2 years etc.. The monthly service fee discount will be stopped automatically at the mature of the pre-stated terms and monthly fee will be back to the original price. We will not renew any of the discounts on our own initiative nor choose any service plans other than the corresponding standard service plans for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and select a new service plan available at that time which can better serve customer's needs. If customers cancel the service within 1 year, previously discounted service fee will be charged back to make the previous monthly service fee be back to the original price.
3.2.4. Long Distance Package Discount. CIK might give new customers free long distance package from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 month, 1 year, 2 years etc.. The long distance package discount will be stopped automatically at the mature of the pre-stated terms and the long distance package will be back to the original price. We will not renew any of the discounts on our own initiative nor choose any long distance packages other then the corresponding standard long distance packages for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and to select a new long distance package available at that time which can better serve customer's needs or choose to remove the long distance package. If customers cancel the service within 1 year, previously discounted long distance package fees will be charged back to make the previous long distance package fee be back to the original price.
3.2.6. Free Prize. CIK might give customers third party products such as TV, IPAD etc as free prizes of promotional lucky draws. There is no obligation for customers to keep using CIK services in order to maintain the ownership of the free prize as long as the conditions meet. CIK is not providing any warranty or support to those third party products. Customers need to get support from the manufacturers directly.
3.2.7. The Referral Program. To express thanks to CIK loyal customers who recommends to their friends, CIK might give eligible referrals certain gifts or service discounts as referral bonus according to different promotions. The following terms and conditions apply: The referral bonus only applies to CIK Active Customers who recommend New Active CIK Internet customers; referral bonus for each valid recommendation; The referral bonus will be effective 30 days later then your friends' CIK Internet service activation date; The referral bonus is not redeemable as cash; When the CIK account deactivated, all remaining referral fee will be cleaned out and will not be refunded in any format; Valid referee's CIK promotion code must be provided at the time when order been submitted or within 1 day (24 hours) later by calling us or sending us email; Later promo code is not accepted, the offer is lapsed automatically after the time limit; Terms and condition explanation rights belong to CIK and might be changed without notice.
3.2.8 CIK new promotion offer. CIK new promotion offer is available only for new residential customers subscribing to Internet, Home phone, TV service. New promotion offer is not provided to the same residential customer and/or household where CIK service is been installed and/or cancelled within past 6 months after service activation. Promotion offer may change from time to time without prior notice.
4.0 LIMITATION OF LIABILITY; MISCELLANEOUS
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
4.1.1 An act or omission of an underlying carrier, service provider, vendor or other third party;
4.1.2 Equipment, network or facility failure, shortage; equipment, network or facility upgrade relocation or modification caused by any reason include the loss of power;
4.1.3 Force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
4.1.4 Any act or omission by you or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
4.1.5 Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.1.6 Disclaimer of Liability for Damages. IN NO EVENT WILL CIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.2 Indemnification. Customer hereby agrees to indemnify and hold harmless CIK and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
4.3 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device. You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
4.4 Governing Law. The law of the state of your residence shall govern this Agreement as well as the relationship between you and us except to the extent such law is preempted by or inconsistent with applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.
4.5 Mandatory and Binding Arbitration. All claims or disputes between Customer and CIK arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
4.6 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and CIK and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and CIK and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
4.7 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
4.8 Customer Information Security. With this agreement, subscriber acknowledge that you authorize CIK to obtain, at any time, information regarding customer credit from any personal agent, financial institution, employer or any other person with whom he or she may have business relationship and authorizes such person to transmit such information to CIK. The consent is given for the purpose of opening an account and recovering sums that may be owing to CIK. This information will be treated confidentially at any time. With limitation, CIK may use subscriber information for advisement purpose, you shall notice to CIK in writing if you don’t want to be listed on distribute list for advisement. CIK may sometimes legally required to monitor, record, and provide evidence of the activity or information of the identified Customers or required to remove some content as a result of court orders or warrants, without prior or subsequent notice provided to the Customer. You also acknowledge that with use of CIK services confirms your acceptance of these terms and conditions. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.
5.0 FUTURE CHANGES TO THIS AGREEMENT. We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.CIKTel.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
Last Updated: May 18, 2016.