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We are pleased to provide the Services (defined below) to you, subject to these
terms and conditions. As a condition of using the Services, you agree to and
must comply with these terms and conditions, which will be biding on you. We
provide you with, and you agree you have received, an express opportunity to
accept or decline these terms and conditions and to correct any errors
immediately before you enter into an agreement with us for the Services. If you
choose to decline these terms and conditions, or which to correct any errors
before you enter into an agreement with us for the Services, you must
immediately notify us at 1-888-621-3401 and must not use any of the
Services. If you do not so notify us and/or if you use any of the Services, you
will be considered to have exercised your opportunity to accept or decline
these General Terms of Service and to have chosen to accept them.
Definitions:
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"AlternaCall" means AlternaCall Inc., the current
Guaranteed Proof program service provider, reseller and biller. AlternaCall has
arranged for the Services to be provided by an underlying network carrier,
which is Call-Net Technology Services Inc. AlternaCall may, without notice to
you, change the underlying network carrier for some or all of the Services. You
authorize AlternaCall or its representative to notify your local telephone
company to implement any change in the underlying carrier as it relates to your
use of the Services. |
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"Services" are any and all of the long distance
services including the calling card service and such other services as may be
offered through the Guaranteed Proof Program from time to time for the
residential use; and |
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"You" (or "Your," "you," or "your") refers to the CIBC Credit
Card holder enrolled in the Guaranteed Proof Program and means you and
every person who uses the Services through your telecommunication systems. |
Use of Service and Responsibility for Charges:
You may use the Services for purposes outlined in these terms and
conditions, provided that you do so in compliance with these terms and
conditions, all applicable laws and regulatory requirements. You are
responsible for paying all applicable charges for the Services, including the
monthly network fee, monthly plan fee, long distance, and other charges you may
incur by using: (i) your telephones, wireless handset(s),
equipment or telecommunications systems; (ii) any number or authorization
code assigned to you, including any calling card number or any other personal
identification number assigned to you or selected by you. You are responsible
for the security of your authorization codes, and access to your telephones,
wireless handset(s), equipment and telecommunications systems. You
understand that the Services cannot be used for text messaging or paging.
How Your Bill is Calculated:
AlternaCall will create and send you a usage summary for each month in
which the Services are used. Unless you specify otherwise, it will be sent
to the same address as used for CIBC Credit Card statements.
Long Distance:
Each usage summary will list every long distance call made in the
period covered by the usage summary and what each call would have cost (before
tax) under a long distance plan offered by each of the 'big three' long
distance companies in your region. Depending on your geographic region, the
'big three' will include Rogers, Primus Telecommunications Canada Inc. and
your regional incumbent (such as: Bell Canada, Telus, etc.). If there is more
than one telephone number registered with the service and they happen to be
located in different provinces, a different rate comparison may be made for
each telephone number. To be eligible for the Service, long distance calls made
from your wireless handset must originate in Canada. For greater certainty, if
you are using your wireless handset while outside of Canada, long distance
charges will be billed by your wireless service provider.
If a Calling Card Number is used during the period covered by the usage summary,
the summary will list each calling card call and set out what it would have
cost (before tax) under a calling card plan offered by each of the 'big three'
long distance companies in the region where the primary cardholder lives. A
limited number of calling card call types are not subject to the rate
comparison. For these calling card types you will be charged an AlternaCall
rate.
The total cost for long distance and calling card calls is calculated for each
of the 'big three' companies. The lowest of these three totals is selected
and discounted by 10%, following which applicable taxes are
added. Any credits are subtracted. AlternaCall reserves the right to change how
it calculates your amount payable, at any time, with notice to you, however you
understand and accept that the amount payable each month will vary due to
fluctuations in the rate comparisons and you will not be provided with any
notice of such changes due to the nature of the Program.
Rate comparisons are not made to special promotional offers made by the 'big
three' long distance companies or other offers which they do not advertise or
promote to all customers.
AlternaCall selects the 'big three' companies and their long distance and
calling card comparison plans at its discretion. The companies and plans will
differ, depending on where the primary cardholder lives in Canada. The
companies, the plans, and the number of companies and plans may also change
over time, depending on the competitive marketplace for telephone services and
the relative popularity of each company's plans. If you would like to
know the applicable companies and plans for your CIBC Guaranteed
Proof account, please see your usage summary or call 1 888 621-3401.
Billing and Payment::
You will receive a monthly usage summary. The amount, as calculated
above and as set out on the usage summary, together with any applicable
billing, plan administrative or service fees, and all taxes, will be charged to
your CIBC Credit Card by the due date indicated on the front of your usage
summary. Alternacall may charge an administration fee of $25.00 will be
levied if your credit card is denied. Overdue accounts are subject to blocks,
suspension and/or cancellation of all Services billed on your invoice.
If Alternacall fails to bill you or underbills you for a change, AlternaCall has
up to 150 days after a charge has been incurred or a call made within North
America to post it (or a correction) to a usage summary. If the call is made
from and/or to a location outside North America, AlternaCall has up to one year
to post it (or a correction) to a usage summary. These deadlines do not apply
if AlternaCall believes, in its discretion, that there has been any deception
by you or someone you authorize to use your telephones, wireless
handset(s), or other equipment for long distance calls and/or your calling
Card Number and Security Code.
If you believe any call shown on your usage summary may not actually have been
made or may be shown incorrectly (including if you believe the call length,
time or date is stated wrongly or the wrong amount is being charged), please
contact the special inquiries phone number on the usage summary. If you do not
object to a call by calling the special inquiries phone number within 60 days
after the date of the usage summary on which the call appears, your right to
request a credit with respect to that call is lost. You acknowledge that you
are responsible for paying for all calls made using your Services, regardless
of who made them.
Your dealings with AlternaCall are separate from your obligation to pay your
monthly CIBC Credit Card bill. This means that you will remain liable to pay
your CIBC Credit Card bill (or, if you wish, at least the minimum payment due
shown on it) despite any disputes you may have with AlternaCall or any apparent
problems with the Services. Further, it means that you will remain liable to
pay your AlternaCall charges despite any disputes that you may have with any
other of your CIBC Credit Card charges.
AlternaCall, or those acting on its behalf, reserves the right to examine
your credit record and to require a deposit or other security, including
payment by credit card, before it provides, continues, or reinstates Services
to you. Should AlternaCall at any time consider a credit deposit to be
insufficient, a further credit deposit may be required. AlternaCall will
determine, at its discretion, how your deposit or other security will be
allocated to satisfy outstanding amounts owed by you to AlternaCall.
By subscribing to the Services, you authorize AlternaCall and those acting on
its behalf, from time to time, to review your creditworthiness in
order to provide or continue to provide the Services to you and you agree that
this is our prior written notice to you of, and your consent to, our obtaining
limited credit information about you from time to time. You will note that this
review of your credit will not be made public to any party other than yourself,
through your own review of your credit history. You also agree to provide and
further appropriate authorizations and financial information as AlternaCall may
reasonably request for this purpose.
Your account information may, form time to time, be disclosed to AlternaCall
agents and authorized dealers in order to service your account, respond to your
questions and promote additional products and services offered by
AlternaCall that may be of interest to you. If you do not wish to receive
offers or information on other Alternacall services or products, please contact
us at: info@guaranteedproof.com.
If a significant number of telephone calls and/or one or more very costly calls
are made, AlternaCall is entitled to demand interim payment from you instead of
waiting until the end of your usage summary period to post a charge to your
CIBC Credit Card. In such a case, AlternaCall will provide you with details of
such calls, and you must pay AlternaCall within three days after you receive
the demand for payment and call details. If you dispute a call, your payment in
respect of that call will not be considered past due unless AlternaCall
reasonably believes you are disputing the call only to evade or delay payment
If AlternaCall believes, in its discretion, that you or anyone you have
authorized to use the Service are misusing or attempting to defraud the
Services, it may demand an immediate and full payment from you for all calls
made.
If AlternaCall is unable to collect outstanding amounts by means of charging
your CIBC Credit Card, AlternaCall is entitled to demand payment by alternate
means.
If you are a resident of Quebec, you may, if you wish, arrange to pay your
monthly phone charges by cheque, instead of by automatic charge to your credit
card account. However, if payment is not received within 30 days of the due
date on a usage summary, AlternaCall may, if and as it chooses, block, suspend
or terminate your access to the Service and/or add a late payment charge (which
may be a fee and/or interest) to the amount which is payable. AlternaCall will
not be responsible for any lost or stolen payments. You will be charged $25.00
for any cheque that is returned unpaid by your bank and for any credit card
payment that cannot be processed for any reason.
Service Interruption
AlternaCall may suspend Service at any time, and for any duration,
without penalty or liability to itself, where it believes it nessary to prevent
improper or unlawful use of the Service, facilities, connections or network.
you agree that it may be necessary to temporarily suspend service for technical
reasons or to maintain the network, equipment or facilities. AlternaCall shall
have no liability whatsoever in connection with any such suspension of the
Service.
AlternaCall shall have no liability whatsoever for its termination of the
Service pursuant to these terms and conditions as a result of non-payment of
amounts or deposits due, for unlawful or improper use of facilities or the
Service by you, for losses due to down time, unavailability or your inability
to access the Service, or for any other reason.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICATION LAW: THERE IS NO
EXPRESS OR IMPLIED WARRANTY OR CONDITION WHETHER OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE, WITH RESPECT TO ANY OF THE SERVICE,
PRODUCT OR EQUIPMENT PROVIDED BY ALTERNACALL HEREUNDER.
IN NO EVENT SHALL ALTERNACALL, ITS PARTNERS AND/OR AFFILIATES BE LIABLE FOR
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, WHETHER OR NOT ALTERNACALL, ITS PARTNERS AND/OR AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF DISSATISFIED
WITH AND PORTION OF THE SERVICE, OR ANY OF THESE TERMS AND CONDITIONS, YOUR
SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Limitation of AlternaCall / CIBC Liability
AlternaCall does not guarantee that the Service will be uninterrupted
or error-free. Neither AlternaCall nor CIBC will be liable to you or any person
you authorize to use the Service for any loss (including loss of earnings or
profit) or for any damage or injury of any type caused or contributed to in any
way by the Service, including:
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if the Service or any part of it is impaired, defective or stops
working entirely; |
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for any act or omission of any telecommunications carrier or other
service provider that participates in providing any part of the Service; |
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if the Guaranteed Proof Program is cancelled in whole or in part; |
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if AlternaCall terminates or suspends your access to all or any part of the
Service; |
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for any content transmitted on the Service, including content that is
defamatory, annoying, offensive, or infringes any intellectual, privacy or
other rights;
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any indirect, incidental, special, or consequential damages, even if reasonably
foreseeable; |
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any act or omission by you; or |
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any failure to activate the Service on a particular date. |
Your Liability:
You agree to indemnify and hold harmless AlternaCall against all
claims, including fees and expenses of counsel, resulting from your use (or the
use by others with your explicit or implicit consent) of the Services, or your
codes, which causes direct or indirect damage or harm to another party or to
the property of another.
Loss or Theft:
Notify us immediately if your wireless handset or SIM card is lost or
stolen. Once you have notified us, you will not be responsible for long
distance charges made using the Service from your wireless handset. However,
you will remain responsible for all other charges not mentioned above or
incurred prior to your call notifying us of this loss or theft.
Suspension and/or Termination by AlternaCall:
AlternaCall is entitled to cancel or change the Guaranteed Proof
Program in whole or in part at any time, with notice. AlternaCall may terminate
your access to the service for any reason by giving you seven (7) days prior
written notice sent to you at the address to which usage summaries are sent.
AlternaCall also reserves the right to suspend or terminate your access to the
Services, without notice, if AlternaCall believes, in its discretion, that: you
may have breached these Terms and Conditions; you or anyone else may be
misusing or attempting to defraud the Service; you or anyone else may be making
telephone calls that are annoying or offensive; or termination is otherwise
advisable to preserve the integrity of the network or to comply with laws and
regulations. AlternaCall need not provide you with any reason for terminating
your access to the Service.
Your access to the Services will be terminated if your CIBC Credit Card account
is closed (unless you switch to another CIBC Credit Card as noted below). As
well, if at any time your CIBC Credit Card account is not in good standing,
your access to the Service may be terminated with no notice to you; this
includes if, in any month, the minimum payment due on your CIBC Credit Card
account (or some larger amount) is not paid by the due date for that month.
Your access to the Service may also be terminated without notice if you reside
in Quebec and arrange with AlternaCall to pay your monthly phone bill by
cheque, but AlternaCall does not receive your cheque for the full amount
payable within 30 days after the due date on the usage summary or the cheque
does not clear.
If the Program is terminated or your access to the Service is suspended or
terminated under these Program Terms, you are liable to AlternaCall for all
calls made before suspension and/or termination is effective and/or arising
from suspension and/or termination.
Your Right to Cancel:
AlternaCall permits you to cancel the Services (or, if you wish, only
the calling card portion of it) by calling 1 888 621-3401. you will be
responsible for all charges incurred up to the effective cancellation date,
which may be later than the requested cancellation date due to administrative
requirements.
Privacy Policy:
AlternaCall values its relationship with its customers and is
committed to the protection of your personal information. Personal information
is information about you. Personal information does not include information
listed in public directories or available through directory assistance, such as
your name, address, telephone numbers or electronic address. AlternaCall only
collects personal information from you that is necessary to provide you with
the Guaranteed Proof service. Personal information collected from you is used
to provide you with the Guaranteed Proof service as outlined below (Information
Sharing) and is only shared with the companies that AlternaCall has retained to
provide the Services to you. Before using your personal information for any
purpose other than that discussed in this Agreement, AlternaCall will explain
that purpose to you and seek your consent for such use.
To obtain a copy of AlternaCall's Privacy Policy, please go to
www.guaranteedproof.com for complete details of the AlternaCall
Privacy Policy, you may contact:
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General Manager |
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Guaranteed Proof Program
P.O. Box 249, Stn. B, 119 Spadina Ave, Toronto, ON M5T 2W1
1 888 621-3401 Fax: 1 888 621-3403 |
Information Sharing:
You consent to CIBC transmitting information about you and your CIBC
Credit Card account to AlternaCall and to the companies which AlternaCall has
retained to provide the Service solely for the purpose of providing the Service
to you. You consent to AlternaCall disclosing information about you to its
underlying network carrier and any other service provider that participates in
providing any part of the Service if the disclosure relates to the
establishment or provision of the Service. You also consent to the disclosure
of call information by AlternaCall or its representative to a person who, in
the reasonable judgment of AlternaCall, is a member of your family or otherwise
acting as your agent, and is inquiring about the correctness of calls made
and/or the amount payable, as set out on a usage summary.
Switching between CIBC Credit Cards:
If you are a primary cardholder and you agree with CIBC to replace
your CIBC Credit Card account with another CIBC Credit Card account type which
also offers the Service, you authorize AlternaCall to debit the amount payable
by you each month to the new CIBC Credit Card account.
General:
AlternaCall may change or replace these terms and conditions at any
time, with notice to you and without your consent. AlternaCall may at any
time and from time to time amend of modify any fees, features of other aspects
of your Services upon notice to you and without your consent. Notification
may be provided using one or more of the following methods: (i) postcard or
letter mailed to your billing or service address; (ii) usage summary message of
insert; (iii) e-mail to an address provided by you; (iv) call to your billed
telephone number; (v) newspaper ad; (vi) speaking to you or leaving a message
for you.
If you do not agree to any such amendments or modifications of these terms and
conditions, any fees, features or other aspects of the Services, your sole and
exclusive remedy is to immediately stop using the Service and terminate your
Services. Your continued use of the Services following such notice means
you agree to such amendments and modifications. You can review the most current
version of these terms and conditions at www.guaranteedproof.com
or by requesting a copy by calling 1-888-621-3401.
You cannot transfer your rights and obligations under the CIBC Guaranteed Proof
program or these terms and conditions, or your access to the Services, to
anyone else without AlternaCall's prior consent. AlternaCall may assign or
transfer these terms and conditions or any of our rights hereunder.
These terms and conditions and the provision of Service, are governed
exclusively by the applicable federal laws.
These terms and conditions, together with any completed and signed forms,
AlternaCall's rates for the Services, usage summary terms, and any guides or
manuals that we may provide to you regarding your Services, all as amended
from time to time, constitute the entire agreement between you and
AlternaCall for the Services and supersede all prior agreements, written or
oral. If any portion of these terms and conditions is unenforceable, the
remaining provisions continue in full force. Our failure to enforce strict
performance of any provision of these terms and conditions does not mean we
have waived and provision or right. Neither the course of conduct between
us nor trade practice modifies any provision of these terms and
conditions.
The parties have requested that these terms and conditions and related
documentation be drafted in English.Les
Parties aux présentes confirment leur volonté que cette Convention soit rédigée
en langue anglaise seulement.
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