Reliant Communications, Inc.
GENERAL TERMS & CONDITIONS and ACCEPTABLE USE POLICY

The Customer recognizes and accepts that Reliant reserves the right to modify, at any time, the provisions herein and any changes will be posted on www.reliantcommunications.ca, along with the effective date.

By using the Services, you acknowledge that you have read, understood and agreed to Reliant’s Terms and Conditions and Acceptable Use Policy. If you do not wish to be bound by this Agreement, do not use the Services and contact Reliant immediately.

These Terms and Conditions govern the provision of and use of long distance services provided by Reliant. Unless otherwise specified, services will be offered for an indeterminate term.

Payment for recurring services may be due in advance. The Customer shall pay all applicable fees, charges, usage charges and taxes relating to the services. Reliant may require pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. Overdue amounts are subject to interest fees of 1.5% per month.

The acceptance of an order may be conditional on the payment of the first invoice which may include activation and fees, and service charges for the initial billing period. The payment is non-refundable unless Reliant cannot provide the service to the Customer.

In the event of a payment default, any outstanding amount becomes immediately payable and due. A twenty five dollar ($25.00) charge may be applied for any payment items returned by the bank. In the event of returned preauthorized charges to a bank or credit card, Reliant may attempt to process payment before the next regularly scheduled payment.

A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment.

If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify Reliant in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. Reliant reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.

Reliant may suspend service without prior notice in the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause.

Reliant will not be liable for any delay or failure to provide any Service, at any time or from time to time, or any interruption or degradation of voice quality. Reliant’s aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. In no event will reliant, its affiliates and their respective officers, directors, employees, or agents be liable for, and the customer hereby waives the right to claim, any 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. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty or condition, product liability, tort (including negligence), intellectual property infringement, strict liability, and any and all other theories of liability and apply whether or not reliant was informed of the likelihood of any particular type of damages.

Reliant reserves the right to change prices for services. In such cases, the Customer will be informed thirty (30) days before the effective date.

Reliant may apply discounts in certain circumstances. In the event the circumstance that allowed the discount changes, discounts may no longer be applicable.

Reliant may, in the event of non-maintenance related interruptions, issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.

Service orders may be subject to credit approval and in the event of unacceptable credit risk, Reliant may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice.

Reliant shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.

Any account shall not be assigned or transferred in any way whatsoever without the prior written consent of Reliant which may be withheld at its discretion.

Cancellation of service requests must be communicated to Reliant in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation.


ACCEPTABLE USE POLICY

By using the Services, you acknowledge that you have read, understood and agreed to Reliant’s Terms and Conditions and Acceptable Use Policy. If you do not wish to be bound by this Agreement, do not use the Services and contact Reliant immediately.

The Customer agrees to abide by Reliant’s Acceptable Use Policy.

The Customer acknowledges their responsibility for all charges arising from the use of the Service whether or not authorized by the Customer.

Any account shall not be assigned or transferred in any way whatsoever without the prior written consent of Reliant which may be withheld at its discretion.

Use of the Service in a manner which Reliant, in its sole discretion, believes violates this Agreement, may result in Reliant taking any responsive actions it deems appropriate. Reliant shall not have any liability for any such responsive actions.

Customer may not use any service to engage in prohibited activities. Prohibited activities include, but are not limited to; Any use that prevents fair and proportionate use by others; Using the Service for illegal activities; Misuse of calls to emergency services; Harassment or threats; Attempting to circumvent or breach network, or system, or service security measures; Any other activity that Reliant deems to be unacceptable.

Reliant reserves the right to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions. Reliant reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any.

The failure of Reliant to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

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