Terms of Service
We are keeping it simple — let us know if you have any questions.
The following are the terms and conditions upon which we make our telephony, internet, TV and associated services (the "Services") available to you as our Client. The terms and conditions cover all Services provided by Bells & Whistles Communications, Inc. and any of its affiliates and partners (collectively, "BWC").
As you will note below, we have kept the terms and conditions simple and straight-forward and do not bombard you with endless pages of legalese. Nevertheless, for your and our benefit, we would like to direct your attention to the following.
By ordering and accessing our Services you agree to be legally bound by the following terms and conditions ("Terms of Service"):
Terms of Service
- Ordering of Services: You can order telephone, internet and TV service by phone, email or over the internet. In each case, you will receive a confirmation by email of your order of service. Upon our confirmation of your order you have entered into a contract (the "Agreement") for the ordered Services. If the ordered Services comprise telephony and/or internet service, the Agreement is between you and Bells & Whistles Communications, Inc., and in case the ordered Services are for TV services you have also entered into an agreement with our broadcasting partner, for whom we act as an agent with respect to its TV services.
- Term and Cancellation: The term of this Agreement is for 30 days and renews for consecutive 30-day periods unless this Agreement is terminated by you or BWC. You may terminate this Agreement at any time. Such termination is effective at the end of the last day of the month in which you terminate this Agreement. You can terminate this Agreement by (1) calling our Client Service Desk at 647-428-9000 and confirming your cancellation by email; or (2) at our customer portal for your building; or (3) by writing us an email. We may terminate this Agreement effective immediately if you, in our opinion, are in violation of this Agreement.
- Use of Service: You will only access and use the Services as permitted by law and in a manner consistent with the Acceptable Use Policy. You are solely responsible for the consequences of your use of our Services in general, and specifically if your use of our Services result in the violation, or alleged violation, of any law(s) or the infringement, or alleged infringement, of any third party's rights. You will indemnify and hold harmless BWC and its directors, management and employees as well as BWC's affiliates and partners and their respective directors, management and employees from and against claims, losses, damages, costs and expenses incurred relating to the violation of this Agreement by you or any user of your account, or in connection with your or their use of the Services.
- You agree to cause all persons who use Services under your account or with your authorization to comply with this Agreement and you acknowledge that the acts or omissions of all such persons will be treated for all purposes as your acts or omissions
- You may not grant access to our Services to persons who would otherwise be our clients (e.g., your neighbours) or to persons who are not residents, tenants or guests staying in your suite.
- You agree that ordering, accessing, using and paying for our Services does not convey any right upon you other than the right to use our Services consistent with the Terms of Service.
- Service "As-Is", Limitation of Liability: While we are committed to providing you an excellent service package, you accept our Services "as-is" and you agree that if you: (a) are unhappy with our services; or (b) if you believe you have sustained a loss as a result of your use of our Services; your sole remedy is to terminate this Agreement. In any event, you agree that any claims you may have against BWC, its affiliates and partners and their respective directors, management and employees is limited to the equivalent of two months of Service fees.
- Billing and Payment: Payment for the Services is due by the end of a calendar month. If your Services did not start at the beginning of the month, the service fees for the first month are pro-rated by the number of days the services were available to you in the first month. Only electronic billing is available and you can follow your account at your building's Client web portal. The web address of the portal is provided to you in your order confirmation.
- Failure to Make Payment: Your payment for Services is due at the end of each month. If payment for Services is not made on time, we reserve the right to suspend your Services. Service fees will continue to accrue during any period for which the Services are suspended as a result of a failure to make payment for Services on time. If your payment for Services is more than 90 days past-due, we reserve the right to pursue any legal remedies to collect payment from you. If your unpaid balance exceeds $300, we will be entitled to add a $350 collection charge to the outstanding balance. Notwithstanding the foregoing, you will be responsible for all our collection costs that we incur in our efforts to collect past-due Service fees, including, but not limited to, charges from our collection agency and/or legal fees, court filing fees and time we spend in trying to collect from you at $70/hour.
- Equipment: Any equipment we provide to you remains our property until you have paid the full purchase price of the equipment. We may require a security deposit for equipment that we provide to you for your free use in conjunction with the Services. If you cancel this Agreement and return the equipment to us in good working condition (taking normal wear and tear into account) we will refund your security deposit within five days after receipt of the equipment. If you cancel this Agreement and you do not return the equipment within 30 days after the end of the month in which you cancel your Service, we may keep your security deposit and you will become the owner of the equipment.
- Changes: We may make changes to this Agreement at any time. Within 10 days after we notify you by email of the changes we make, you may terminate this Agreement effective immediately if you are not in agreement with the changes to the Agreement we implement. If you so terminate this Agreement, you are not bound by the implemented changes.
- Jurisdiction: The laws of the Province of Ontario govern this Agreement and the courts of Toronto shall have jurisdiction with respect to any disputes related to this Agreement. BWC and the Client will make any reasonable effort to resolve all disputes amicably.