There are important 911 terms related to VOIP phone service 911 calling. Please review the entire Agreement. By activating this service, you acknowledge that you have read, understood and agree to these terms and conditions.

General

By activating this service, you acknowledge that you have read, understood, and agree to these terms and conditions.

• “Service” or “Services” means any, some or all of:
  • Home Phone Services;
  • Business Phone Services;
  • Long Distance Services;
  • Internet Services;
  • Any additional telecommunication, internet, or information services and bundles thereof;
  • Pre-authorized agreements (PAD).
• “You” and “Your” includes an applicant, customer, individual, corporation, or other type of legal entity that has subscribed for services. This also includes every person you authorize to act as your agent with regards to a service or to use the service through one or more accounts designated and provided by Smart Telecom (collectively called “Account” or “Accounts”).
• “Smart Telecom” means Smart Telecom or any of its subsidiaries.

Services offered by Smart Telecom are subject to the terms and conditions contained herein and additional terms and conditions related to a particular service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement constitutes the entire agreement between you and Smart Telecom and does not include any other written or oral representations or agreements.

This Agreement may be changed and updated from time to time at the discretion of Smart Telecom. Updated versions will be posted on our website at https://www.smarttelecom.ca/terms-of-service and may be communicated via mail, e-mail, or messaging on your monthly bill. Continued use of the services implies acceptance of changes. If you do not accept changes, your sole remedy is to terminate the services.

You agree to read and adhere to Smart Telecom’s Terms and Conditions available at https://www.smarttelecom.ca/terms-of-service and Smart Telecom’s Privacy Policy available at https://www.smarttelecom.ca/privacy-policy. You agree to hold Smart Telecom harmless from all liabilities and expenses related to any violation by you of the Terms of Use and/or Privacy Policy.

By entering into this Agreement, you authorize Smart Telecom to obtain information about your credit history and agree that Smart Telecom may share such information with others for its business activities.

You confirm that you accept this Agreement, including all related documents, invoices, and notices, in English only.

Use of Services

You may use the subscribed services in compliance with this Agreement, including the Terms and Conditions and Privacy Policy, and all applicable laws and regulations.

You must be of the age of majority according to the laws of the province or territory of Canada applicable to this Agreement.

You are authorized to subscribe for the services and agree not to resell or transfer the services to any other person or make any charge for the use of the service.

The services and any equipment furnished to you are for your conventional personal or business use only. Smart Telecom reserves the right to suspend, terminate, or modify the service if misuse is detected, including non-residential or commercial use without express written agreement.

No sales representative, dealer, agent, officer, or employee of Smart Telecom has the authority to change or modify these Terms & Conditions except through an official revised version.

Responsibility for Charges

You are solely responsible for all access to, use of, and charges for the services subscribed by you, including setup fees, monthly service charges, and any other charges incurred.

Telephone and Other Service Numbers and Addresses

Telephone numbers and addresses for services are limited public resources. You do not own the numbers assigned to you and Smart Telecom reserves the right to change them. Smart Telecom will take reasonable measures to prevent such occurrences.

• Transfer From Smart Telecom – You may not transfer your Smart Telecom number if your account is not in good standing.
• Transfer to Smart Telecom – Smart Telecom is not responsible for any termination fees imposed by other providers and cannot guarantee the date or feasibility of number transfers. Temporary numbers may be provided.

Additional Terms and Conditions Related to Specific Services

“Unlimited” plans are based on conventional personal and business use only. Smart Telecom may monitor accounts for misuse and adjust or terminate plans accordingly.

DSL service is only available in certain geographical areas. Smart Telecom may deem service unavailable and will not charge fees if you return equipment in good condition.

• Service Limitations – The VOIP service connects to the Internet, not a traditional phone line. There are significant differences between VOIP and traditional telephone services.
• 9-1-1 Limitations – VOIP service may offer Basic 9-1-1 or E9-1-1 service depending on your location and whether your number corresponds to your address.
• Service Outages – VOIP service, including 9-1-1, will not work during broadband or power outages. You must notify Smart Telecom of address changes to ensure 9-1-1 service.
• Liability – Smart Telecom is not liable for any injuries or damages related to 9-1-1 service failures, and you agree to indemnify Smart Telecom for related claims.
• Operator Services – Smart Telecom does not offer operator services.

Smart Telecom Equipment and Facilities

Smart Telecom will provide and may install required equipment, which may require a refundable security deposit.

Equipment provided by Smart Telecom remains its property. You have no ownership rights and agree to keep it free of levies or encumbrances.

Smart Telecom does not support equipment not provided by them, and you are responsible for compatibility issues. Equipment and installation charges may apply for non-Smart Telecom equipment.

Upon termination or disconnection of services, you must return equipment within 15 days. Failure to return equipment will result in charges to cover the cost of the equipment.

Smart Telecom may upgrade equipment and will charge you accordingly. You must return outdated equipment upon request or when service is terminated.

Smart Telecom may make changes to equipment and facilities as needed for service improvements.

Prices for services are subject to change due to regulatory, technological, or other changes affecting the cost of providing services.

You agree that you are responsible for the safekeeping of equipment from the moment you receive the equipment until the equipment is returned to Smart Telecom in good physical and functional condition.

If, while in your care, the equipment is damaged, lost, stolen, or if, in Smart Telecom’s sole discretion, the equipment is returned in an unusable condition, you agree to pay the replacement value of the equipment. If, in Smart Telecom’s sole discretion, such the Equipment is not damaged beyond repair, you agree to immediately place such equipment in good repair, at your sole cost, at locations specified by Smart Telecom.

Upon cancellation or termination of services, you agree to return, at your own expense (alternatively a shipping & handling Fee will be billed to you by Smart Telecom), the equipment Smart Telecom in good working condition within thirty (30) days of cancellation/termination or within a time specified by Smart Telecom. Also 25% restocking fees will be applicable to the equipments returned after 30 days of cancellation/termination of service. You are responsible for continuing charges for the equipment until its return. If you fail to return the Equipment within the required time, Smart Telecom may repossess the Equipment at Your expense, and/or may charge you for the replacement cost such equipment.

In the event of processing your service(s), you agree that Smart Telecom will request you to make a security deposit for your equipment and it will be refunded at the time of your cancellation of service. You agree that Smart Telecom is not responsible for any internal or external damages of the equipment and that the refund will ONLY take place if the equipment is returned in good working condition without any physical damage.

Under the cancellation and termination clause described below, SMART TELECOM will refund prepaid Service fees based on the number of days left in the last monthly billing cycle after the cancellation date.

If you’ve been following the wholesale internet access rate story in the news, you have probably heard that on Thursday, May 27, 2021, the Canadian Radio-Television and Telecommunications Commission (or CRTC) opted to reverse its own 2019 regulatory decision to implement lower internet access rates in Canada.

Changes currently affect for Existing customers & New customers , Smart Telecom expects the majority of its existing customers will likely see their rates go up between $5 and $10 per month in the near future, following a 30-day notice period.

This ruling is the largest regulatory win for the corporate telco giants in recent history. As a direct result of this outcome, these companies will see their already billions in profits continue to increase, while internet prices for the average consumer continue to rise. Canadians already pay some of the highest prices for internet services in the world, and this ruling will only exacerbate the situation. Despite promises from politicians, it seems our system of checks-and-balances continues to disregard the best interests of Canadian consumers.

This decision, if carried out, will ultimately mean Canadians can expect to see their internet bills go up.

The CRTC’s purpose as it pertains to the internet services industry is to “facilitate greater competition between Internet service providers and to promote innovative broadband services and affordable prices.” From our perspective, this ruling is an abject failure by the CRTC to fulfill its mandate.

The original 2019 decision to lower rates was backed by substantial data and years of objective investigative work. It established rates that were designed to benefit Canadian consumers by encouraging competition and promoting innovation within the telecommunications industry. The 2019 ruling was widely celebrated by consumer advocacy groups as a huge step in the right direction towards making internet services more affordable in Canada. So, why flip-flop?

Following years of intense government lobbying, regulatory abuse, and lengthy court delays, it appears the CRTC simply caved to the big telco carriers. The CRTC did not provide any clear justification for this decision, so now, like you, we’re pretty much all left scratching our heads.

Smart Telecom is currently working alongside other independent internet operators to launch a formal appeal to the Government of Canada, demanding that they step-in and fulfill their promise to support regulatory actions that support fairer internet prices in Canada.

If you are seeking a refund or have questions on the refund policy, please contact us at 416-509-5050 or email us at info@smarttelecom.ca

Smart Telecom’S RIGHT TO ENTER PREMISES

Smart Telecom’s agents and employees may, at reasonable hours and with your permission (or the permission of another responsible person), enter premises on which service is or is to be provided, to install, inspect, repair and remove its provided facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities. Permission is not required in cases of emergency or where entry is pursuant to a court order or other legal requirement.

SERVICE INTERRUPTION

Smart Telecom may interrupt your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the equipment or facilities or for any required technical reasons.

CHANGES OR TERMINATION OF RATES AND PLANS

Smart Telecom may at any time and without notifying you, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by your continued subscription to the services, you will be deemed to have accepted the change and you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate the services.

SERVICE FEES; ACCOUNT AND PAYMENT INFORMATION

Charges will commence as at the date of activation or delivery of services. services deemed to be started on the date of activation and charges will commence automatically from the activation date unless otherwise Smart Telecom is notified to the contrary.

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.

You agree to pay the total charges by the required payment date using any of the following methods: cash only accepted in-person at our office; cheque payments accepted by mail or in-person; credit card payments are accepted in-person at our office, by phone or online through your account portal; online/telephone banking; Interac e-mail money transfer to billing@Smart Telecom.ca; or through pre-authorized credit card. DO NOT SEND CASH IN THE MAIL.

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. Non-payment of the bill amount for more than two late payment applied may lead to temporary suspension of the line. Re-Activation charges are applicable for re-activation of the line. You agree that we may 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.

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 suspension and/or restoral of service.

In exceptional circumstances, for example, where you present an abnormal risk of loss to Smart Telecom, prior to the normal billing date Smart Telecom may require payment from you on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after Smart Telecom demands payment, whichever occurs later.

Smart Telecom may request immediate payment in extreme situations, provided Smart Telecom has notified you and the abnormal risk of loss has substantially increased since that notice was given or Smart Telecom, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud Smart Telecom.

You must bring invoice inquiries or disputes to Smart Telecom’s attention within ninety (90) days of the date of the invoice, or you will be deemed to have accepted the invoice.

CREDIT CHECK AND SECURITY DEPOSITS

Smart Telecom and those acting on its behalf reserve the right to conduct a credit check from time to time on you and to require a deposit or other security, including a credit card payment, before it provides or continues to provide any service to you, and you consent to the credit check and the provision of your personal information to credit bureaus, credit grantors and suppliers of services, in accordance with Smart Telecom’ Privacy Policy. You further agree to provide any appropriate authorizations and financial information as Smart Telecom may reasonably request for this purpose.

Smart Telecom will require security deposits from you at any time where, at the sole discretion of Smart Telecom, You have no credit history with Smart Telecom and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. Smart Telecom will release such security deposit at its’ discretion and upon satisfactory payment history. Further security may be required if you subscribe to further services and/or service usage increases.

TERMINATION OF SERVICES

Cancellation by You – If you subscribe to services on a monthly basis, you may cancel your service schedule(s) at the end of any given billing period provided, you have to give Smart Telecom thirty (30) days prior written the notice. Upon cancellation of your Service(s), you will remain responsible and agree to pay for all charges which you owe Smart Telecom until the effective date of your cancellation and you have paid your account in full to the satisfaction of Smart Telecom. IF YOU SUBSCRIBE FOR SERVICES FOR ONE YEAR TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE Smart Telecom THIRTY (30) DAYS PRIOR WRITTEN NOTICE. AN EARLY CANCELLATION FEE MAY APPLY. In the event you do not give Smart Telecom thirty (30) days prior written notice before the end of the billing period for service cancellation, you will be billed for the next billing period appearing on your invoice. Upon cancellation of your Service, you will remain responsible and agree to pay for all charges, which you owe Smart Telecom until you have paid your account in full to the satisfaction of Smart Telecom.

Cancellation, Suspension or Termination by Smart Telecom – In addition to all other rights as set out in this Agreement, Smart Telecom may cancel, suspend or terminate this Agreement and your Services and may charge a suspension fee if you:

• Fail to pay outstanding past due amounts for your Services or your payment is returned N.S.F. In such cases, Smart Telecom may not resume your Services until full payment is made sufficient to cover the amounts outstanding;
• Fail to pay outstanding past due amounts for any other services provided by Smart Telecom to You;
• Fail to provide interim payment when requested by Smart Telecom;
• Become bankrupt or insolvent;
• Fail to meet Smart Telecom’ credit requirements;
• Present an abnormal risk of loss (including, in current a significant amount of billable charges) as determined in Smart Telecom’ sole discretion;
• Violate any term in this Agreement;
• Use the service(s) in a manner which is contrary to this Agreement and/or law, including CRTC rulings, decisions or orders, and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
• Subscribe to Internet Services, which do not include the use of Static IP Addresses (DSL Internet Access with a modem), and use automated operations and/or server applications requiring connectivity
• Are threatening, harassing, abusive or unreasonable to Smart Telecom, its employees, and agents; or
• Alter or interfere with Smart Telecom Equipment.

IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.

Your Responsibility Upon Termination – You remain responsible for paying all charges for your Services up to the date of suspension, cancellation or termination by Smart Telecom. Smart Telecom reserves the right to charge you a reactivation fee if your Service is reactivated after suspension.

In the event Smart Telecom did not receive your payment after suspension/termination of services, Smart Telecom may proceed with further collection action. Smart Telecom reserves the right to further charge any administrative cost and/or cost of collection to your account and you remain responsible for all such charges.

Smart Telecom RIGHT TO REFUSE TO PROVIDE SERVICES

Smart Telecom may, in its sole discretion, refuse to provide services to you where:

• You owe past due amounts to Smart Telecom or have had a history of past due amounts owed to Smart Telecom;
• You do not provide a security deposit or other requirements requested by Smart Telecom;
• You pose a credit risk or an abnormal risk of loss;
• Smart Telecom will incur unusual costs or expenses, which you will not pay; or
• Smart Telecom does not provide the requested Service(s) in your area.

INDENTIFICATION

You agree to indemnify, defend and hold harmless Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

Smart Telecom does not guarantee uninterrupted services operation. Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers, provide the services “as is” and make no express or implied warranties of any kind regarding the services, facilities, network, equipment or products in any way. To the extent applicable by law, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers make no warranty of merchantability or fitness for a particular purpose or use.

In particular and without limitation, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:

• Disruption or interruption in service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
• Any event beyond Smart Telecom’ control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision
• Damage to the equipment or your premises, which is not wholly caused by Smart Telecom’s gross negligence or willful misconduct.

Notwithstanding the foregoing, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors, and suppliers or affiliates, shall in no event be liable to you or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract, tort or other causes of action, arising out of the provision of services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event a court of competent jurisdiction finds Smart Telecom liable, liability will not exceed an amount equal to the price of services purchased by you during the month preceding the event in question.

Any action or proceeding against Smart Telecom by you must be commenced no later than 1 year after the event giving rise to the action or proceeding.

PERSONAL INFORMATION

Privacy – Unless you consent in writing or disclosure is pursuant to a legal power, your information kept by Smart Telecom, other than your name, address and listed telephone number and credit history, is confidential and will not be disclosed by Smart Telecom to anyone other than you or an agent retained by Smart Telecom in the collection of your account, provided the information is required for and is to be used only for that purpose. Smart Telecom’s Privacy Policy is available at http://www.smarttelecom.ca/privacy-policy or through a Smart Telecom service representative.

Disclosure – Your account information may, from time to time, be disclosed to other members of the Smart Telecom organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the Smart Telecom organization that may interest you. If you do not wish to receive offers or information from related Smart Telecom entities, please contact Smart Telecom at the address set out below.

Personal Information Updates – You 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 within 15 days of any changes to your billing information, including but not limited to your new address and contact information.

Smart Telecom INTELLECTUAL PROPERTY

Smart Telecom is the exclusive owner of all names, trade names, service marks and any copyright material relating to the services and you cannot use these marks or copyrighted materials or any licenses.

MISCELLANEOUS

Notices and Communications – Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to Smart Telecom or You as applicable, at the address or facsimile number provided by You. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.

Assignment – You may not assign, or transfer this Agreement or service(s) to a third party without the prior written consent of Smart Telecom. This Agreement will ensure to the benefit of, and be binding upon, the parties and your respective heirs, executors, administrators, successors and permitted assignees.

No Waiver – The terms and provisions of this Agreement may only be waived in writing signed by Smart Telecom. No failure by Smart Telecom to insist upon your performance of any obligation under this Agreement will constitute a waiver of the obligation.

Severability – If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.

Jurisdiction – This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.

Arbitration – To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy concerning the service, the equipment or arising out of the Terms & Conditions will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the Province in which you reside, on a simplified and expedited basis by one arbitrator.

Pre-Authorized Agreements (PAD)

Thank you for your consideration to pay your monthly bill using Pre-Authorized Payment plan through your Financial Institution.

To get started, please review the agreement below in electronic format. When you consent to the PAD and agree and submit we will email you a copy of your agreement as a reference. We kindly request you keep this agreement for your reference as a printed copy or electronically. As per the date provided by you as part of the PAD agreement, we will withdraw payments as agreed as part of the service plan agreement you have with Smart Telecom Communications Inc.

As part of the agreement, you will be providing your banking information via a VOID cheque. We request for you to write “VOID” in ink across the cheque and DO NOT SIGN the VOID cheque. We also request you will provide this VOID cheque electronically to SMART TELECOM via billing@smarttelecom.ca. When we send you the electronic PAD agreement we will attach the VOID cheque to this document for your reference as ONE document.

Keep a copy of the agreement or confirmation for your reference.

We request for you to periodically check your bank account to make sure our withdrawals match what you approved in the agreement. This is request is for your peace of mind and to make sure if there is an error in billing that has taken place we are able to correct such error for the benefit of you.

We are expected to include the following mandatory elements in each pre-authorized debit agreement.

They are:

• The date of the agreement and your signature
• Your authorization
• The amount
• The frequency of the withdrawals
• Instructions on how to cancel the agreement
• SMART TELECOM’s contact information
• Information on your recourse rights as legislated by law

What if something goes wrong
You have 90 days from the date of the withdrawal to report an incorrect or unauthorized pre-authorized debit to your financial institution.

If you don’t have enough funds in your account to cover a withdrawal, SMART TELECOM can try the same debit one more time. SMART TELECOM will do this within 30 days from the date of the withdrawal and it will be for the exact same amount.

How to cancel a pre-authorized debit agreement
Within the PAD agreement, we will specify instructions for cancellation.

SMART TELECOM has the right to cancel the agreement within 30 days of the notice. Once canceled, check your account to confirm that the withdrawals have stopped. If there were to be any continuous billing, please contact us or failure to receive any response you may contact your financial institution for reimbursement within 90 days.

Cancelling your pre-authorized debit agreement doesn’t cancel your contract for goods or services with the SMART TELECOM or any amount owed. The cancellation applies to the payment method only.You’ll need to make arrangements with the biller to pay any amounts owing.

Telephone: +1 416-509-5050
Fax: +1 416-206-2020
E-mail: info@smarttelecom.ca
Mail: 3250 Lawrence Ave East, Toronto, ON M1H 1A4, Canada.

Last Updated: Aug 13, 2024