Terms and Conditions
- 1. General
- 1. “You” and “Your” includes an applicant, customer, individual, corporation or other type(s) of legal entity which has subscribed for Services
- 2. “We” “Carrytel” “Carry Telecom” means Carry Telecom Inc. or any of its subsidiaries or affiliates.
- 3. “Equipment(s)” means any device, equipment, accessories or hardware used to access the services, or used in conjunction with the Services, including but not limited to any modem, router, VOIP adapter, IPTV box or other hardware purchased or rented by customer from Carry Telecom Inc.
- 4.“Service(s)” or “The Service(s)” means the services purchased by you from Carry Telecom, as set out in this terms and conditions.
- 2. Service(s)
- 2.1 Service Limitations, Performance and Availability
- CARRY TELECOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) CAN BE INSTALLED AT YOUR LOCATION, OR THAT THE INSTALLATION WILL OCCUR ACCORDING TO SCHEDULE, even if your order has been accepted by Carry Telecom. The availability depends on the local facilities and corresponding carrier(s) (listed but not limited to Bell, Rogers, Cogeco and Videotron). The actual location and speed to be installed is dependent upon the on-premise condition, and the decision of the field technicians of the corresponding carrier(s). Carry Telecom does not have any obligation in case that the installation of the Service(s) fails for any reason.
- CARRY TELECOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) OR THE PROVIDED EQUIPMENT(S) WILL BE COMPATIBLE TO YOUR OWN EQUIPMENT, or the equipment(s)and/or service(s) offered to you by third-parties. It is your responsibility to ensure that your existing service, software, or equipment is compatible with the Service(s) provided by Carry Telecom. Furthermore, you are responsible for all the fees or charges incurred due to your own fault or your own equipment fault.
- CARRY TELECOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE. Interruptions might happen under these circumstances, which includes but not limited to: scheduled maintenance, server upgrades, power outage, construction, malicious network attacks or force majeure. By using the Service(s) provided by Carry Telecom, you assume all risks associated with the use of the Service(s) under any high-risk conditions, in which damages or injuries may result if error occurs.
- CARRY TELECOM DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICE(S), SOFTWARE OR EQUIPMENT(S) WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE. In addition, CARRY TELECOM DOES NOT GUARANTEE THE WIRELESS(WI-FI) SPEED, COVERAGE, OR PERFORMANCE. All Service(s) is provided on a Best Efforts Basis. The quality of services is dependent on numerous factors, some of which are beyond our control, including but not limited to: signal interference, equipment failure, exposure to elements, the distance from the customer to our network equipment, the usage by other customers in that geographic area. Internet speed may also be affected by traffic management practices, if any, that are applied to the service. All Service(s) is provided on a Best Efforts Basis.
- 2.2 Service change
- The Service(s) may be changed and/or moved, provided that you request for such change, and the costs are covered by you and not refundable, which may include any downgrading, upgrading, moving, relocation, re-connection fee and other costs necessary to complete the request. You will be informed of the costs before any such request is processed. If you wish to change the type of service or add an additional service, such as adding or switching from FTTN/DSL to cable or vice versa, there will be an additional $69+tax processing fee applied to the second or changed service. Note that for any such changing request(s), it is always subjected to availability checks, and it may be rejected by Carry Telecom because of service availability or reliability.
- The service (monthly) fee may increase/ decrease during the service period for non-contract plans. However, we will give you at least 30 calendar days written advance notice, any one of the following method(s): by email, letter, on your bill / invoice or posting the notice on our website.This notice will clearly identify the change and provide the effective date. International long-distance rates depend on services provided by foreign telecommunications companies and are subject to change without prior notice. Service(monthly) fee is guaranteed for contract plans, until the end of the contract duration. Any changes in terms of service fee will only be applied for the incoming cycle after the standing contract has elapsed. Carrytel reserves the right to make change to, move/relocate your Service(s) and/or modify your account, at its sole discretion, without your consent, under the following conditions without limitations (you are not required to pay for such changes, unless there is a breach of terms):
- a. Service reliability changes and physical line degradation
- b. Discrepancy between your service address and actual address
- c. Discrepancy between your address type and actual address type
- d. Others, as outlined within Section 11 of this agreement
- Additional fees may apply during the service period for any of Carry Telecom plans. However, we will give you at least 30 calendar days written advance notice, any one of the following method(s): by email, letter, on your bill / invoice or posting the notice on our website.
- 3. Voice Over the Internet Phone (VOIP)
- By using the Carrytel VoIP service, you have understood that the VOIP service offered by Carry Telecom is intended for residential use only. You also acknowledge the differences and limitations between basic 911 Service (911)and traditional 911 service and you agree to the conditions as set out below.
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Basic 911 Service and limitations:
The basic 911 emergency service Carrytel provides is via third parties and is not controlled by Carry Telecom. Carry Telecom disclaims any and all responsibilities for the conduct or actions of the local or national emergency response centre. Since the basic 911 calls are dependent on third parties to complete, Carry Telecom disclaims any and all responsibilities arising from the damage caused by erroneous and incorrect completion of calls routed by related third parties. Neither Carry Telecom nor its employees, agents, or affiliated associations shall be held liable for the failure or incorrect routing of 911 calls.
If the call is disconnected for any reason, the respondent may not be able to call you back, so you should re-dial 911 immediately.
It must be noted that basic 911 services may not function properly under these following scenarios:
- a. Power outage or interruption
- b. Equipment failure, including phones, adapters, cables, wires, USBs, ATAs, modems
- c. Internet outage, interruption or congestion
- d. Blocked Ports or IP address by ISPs, either intentionally or inadvertently
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Disclaimer of Liability:
The basic 911 emergency service Carrytel provides is via third parties and is not controlled by Carry Telecom. Carry Telecom disclaims any and all responsibilities for the conduct or actions of the local or national emergency response centre. Since the basic 911 calls is dependent on third parties to complete, Carry Telecom disclaims any and all responsibilities arising from the damage caused by erroneous and incorrect completion of calls routed by related third parties. Neither Carry Telecom nor its employees, agents, or affiliated associations shall be held liable for the failure or incorrect routing of 911 calls. You acknowledge and agree that, to the maximum extent allowed by law, Carry Telecom will not be liable for any injury, death or damage to persons or properties, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Carry Telecom VoIP Service and you agree to indemnify and hold harmless the Carry Telecom Parties for any liabilities, claims, damages, losses and expenses,(including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Carry Telecom VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.
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Informing Users:
You must inform all household residents, guests, and other persons who may be present at the location, where you utilize the Service offered by Carrytel, the difference and limitations between basic 911 service and traditional 911 service. The basic 911 notifications or sticker should be placed in a clearly visible spot to all potential users.
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Authorization of information release:
You authorize us to disclose your name and address to third-parties involved with providing E911 Dialing to you, including, by way of illustration but not limited to, call routers, call centers and local emergency centers.
- 4. Internet Protocol TeleVision (IPTV)
- By using the Carrytel IPTV service, you acknowledge the differences and limitations between traditional TV Service (not limited to terrestrial, satellite, and cable television formats) and IPTV service and you agree to the conditions as set out below.
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Basic Service and limitations:
Carry Telecom does not guarantee that your IPTV service will be uninterrupted and does not guarantee real time/live streaming. Different sources of interruption may affect the quality of the IPTV service. Limitation not limited to: internet speed and connection, location, the device and the app that you use. As a client using IPTV service you should know IPTV service cannot be stable at all time, we cannot make any guarantees about the content.
All programming services are subject to availability. Certain channels may be temporarily or permanently suspended, and certain programming or channels may be blacked out in your area due to copyright issues or due to restrictions by Canadian Programming Services. You also agreed to Carry Telecom's discretion to change and/or cancel channels without notice, and may be subjected to alternative programming. Any interruptions in regards to programming for any reason, not limited to Carry Telecom’s services are not subject to credits.
- 5. Charges, Payment and Credit
- Carry Telecom Services are pre-paid, and customers are required to pay prior to the commencement of the billing cycle of the Services subscribed for. Carry Telecom Services are charged by the billing cycle of every thirty (30) calendar days.
- As adjusted by Carry Telecom hereunder, the authorized billing will be charged twenty one(21) days prior to the due date of next invoice. All invoices not contested in writing within twenty-five (25) business days of receipt are deemed accepted by the customer as true and accurate.
- Carry Telecom's default billing is paperless invoice; an email will be sent every billing cycle when the invoice is generated. If Customers requests a hardcopy of the invoice by mail, it will be subjected to an additional charge of $3.5 plus tax per invoice.
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Carry Telecom reserves the right to apply a regulatory surcharge to the Customer's account at any time. Such surcharges are applied in addition to regular telecommunication charges and may vary based on service type, pricing tiers, and regulatory requirements. The applicable surcharge will be reflected on the Customer’s monthly invoice.
The surcharge is determined by the monthly service fee, as follows:
- Monthly service fee of $20 or less: No surcharge
- Monthly service fee between $20 and $40: $2.50 surcharge per month
- Monthly service fee between $40 and $50: $3.50 surcharge per month
- Monthly service fee between $50 and $60: $4.00 surcharge per month
- Monthly service fee of more than $60: $4.50 surcharge per month
- If we do not receive full payment of the amount due on your account by the specified required payment date, it will be subjected to a late payment charge of $10 to your regular bill per month. You agree that if your account has an unpaid final balance or you have not returned rental equipment, Carry Telecom reserves the right to charge any unpaid and outstanding amount, including any late payment charges, on any payment method on your account (e.g., a credit / debit card or bank account withdrawal). In case we fail to charge you, we may assign your account to a collection agency after your account has been cancelled at any time.
- The first invoice/monthly payment for Service(s) is due on the first day of the billing cycle. You shall pay in full all applicable monthly service rates, equipment rental/purchase fees, installation fees, monthly recurring fees, shipping fee, and other amounts, fees and charges, if any, together with all applicable taxes, noted in these terms or identified to you when you subscribe for our services, purchase or rent equipment, or as otherwise identified to you by Carry Telecom from time to time. Carry Telecom will bill you 25 days in advance, and you are liable for and shall pay Carry Telecom when due, on a monthly basis on all invoiced charges. If you wish to pay through a different payment methods after the first invoice has been fully paid, the following options are available at your discretion:
- a. Automatic payments such as debit card or credit card (default setting)
- b. Manual with debit card or credit card through Carry Telecom's website.
- c. Online banking
- If a customer requests extra service or changes that require additional human capital, then we may apply an additional service processing fee determined by Carry Telecom. If service is suspended due to non-payment, there will be an extra $15 plus tax restoration fee to resume your service every time your account is suspended. Accounts more than 20 days past due will be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee where applicable.
- Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of the applicable bill. Failure to notify us within this time period means that you have accepted those charges.
- Carry Telecom only begins counting credits from the time you call in, and Carry Telecom is given the opportunity to troubleshoot your concern. The calculation would be a day credit for every 24 hours that you do not have internet. Carry Telecom will only provide credit for out-of-service issues. Any and all credit given to you by Carry Telecom will be applied as service credit, which can only be used in the Service(s) that Carry Telecom provides. This credit cannot be cashed out, refunded to credit card or used otherwise. The credits applied under certain conditions such as annual plan can be charged back if they are not met by the customers.
- Any credits provided to customers in any circumstances are subject to Carry Telecom's discretion. Any credits can be withdrawn or added any time at its sole discretion, without your consent. If the credit has been refunded directly to the customer and/or financial institution, Carry Telecom reserves the right to charge the customer.
- 6. Chargeback
- Chargeback is a request that the customer files directly with an issuing bank to reverse or invalidate a processed payment. A chargeback is typically caused when a customer disputes a charge that appears on their bill. When you chargeback through issuing bank, Carry Telecom will cooperate with your issuing bank for the chargeback investigation. Carry Telecom reserves the right to suspend or terminate any Service(s) or activities under your account until the case has been resolved between bank(s) and Carry Telecom. Carry telecom reserve the right to charge a portion of the charge back processing fee $50 each time.
- 7. The Equipment
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"The Equipment" means any device, equipment or hardware used to access the service(s), or used in conjunction with the Service(s), including any modem or other hardware purchased or rented from Carry Telecom.
Except for the Equipment that you have fully paid for, all equipment installed or provided by us remains our property and you agree that:
- a. You will take reasonable care with the equipment.
- b. You may not sell, lease, mortgage, transfer, assign or encumber your own equipment.
- c. You may not re-locate your own equipment without our knowledge and permission.
- d. You will return rented equipment to us at your own expense upon termination of the services to which the Equipment relates.
- If such Equipment is lost, stolen, tampered or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned and received by Carrytel within thirty (30) days of the cancellation date regarding your Service(s), you agree to pay us the un-discounted retail value of such Equipment. The un-discounted retail prices are $149+tax for all new modems, $99+tax for all refurbished modems, $79+tax for IPTV Box and VOIP adapters along with accessories. There will be charges added to your account for any missing accessories. Current costs for such items are: Power adapter- $15+tax, RJ11 Phone Line- $10+tax, Splitter- $10+tax, RJ45 Ethernet cable- $10+tax, HDMI Cable- $10+tax, Coaxial cable- $10+tax and IPTV controller- $20+tax. In the event that equipment is shipped directly to the door which is an extra service requested by you, with extra fee added for shipping, you need to take full responsibility if equipment is lost during the shipment process. If your Equipment is lost, stolen or destroyed, you must immediately notify us by contacting our Customer Support for equipment replacement and/or equipment purchase.
- If you have sold, leased, moved, transferred, assigned, or acted otherwise which causes the equipment to be relocated other than the original installation location, or to be used for a different service provider, the modem warranty is void and cannot be transferred to the next location or service.
- If you choose to cancel your service while the equipment was under renting condition, the rental equipment must be returned to Carry Telecom. The device deposit will only be refunded, if the returned rental equipment is in good working condition and received within 30 days. All equipment returned to Carry Telecom are subject to tests. If the return equipment is deemed as faulty and/or damaged, you agree to pay Carry Telecom the un-discounted retail value of such Equipment. You are also required to return the accessories provided to you, in full working condition, otherwise accessory fees apply. All return cost or shipping back of the device would have you be at your own cost.
- You can choose to purchase the rented equipment by paying the full listed price. The device deposit may be applied in consideration to the calculation of full cost of the equipment.
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Equipment Repair or Replacement
Carry Telecom will repair or replace any defective modem, adapters and/or router purchased by you, and/or any defective modem, adapters and/or router purchased by you from Carry Telecom, for a period of ONE year from the date your service is activated. Carry Telecom reserves the right to make updates to, extend and/or modify the length of this warranty, based on the details of the promotion agreed between parties upon registration of Service(s). In addition, all warranties expire once customer’s service is cancelled or terminated. You can notify us by phone if you have an issue with the equipment. Once obtaining a permission from us, you can ship the Equipment to us for examination and repair, with your ID number. This process can take up to few weeks, and is as follows:
- a. You need to ship the Equipment, packaged in bubble packaging in the case of the modem, and in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories), in the case of modems, to Carry Telecom at your own cost. Once received, we will test the Returned Equipment.
- b.If the issue arose due to physical damage which Carry Telecom reasonably determines whether it was caused by you, Carry Telecom reserves the rights to charge you the un-discounted retail value of such Equipment, even though it is during the warranty period. And as for replacement, if a replacement is requested, you will be charged for the Replacement Equipment’s un-discounted retail price, including shipping and processing + tax.
- c. If the Equipment is in fact determined by Carry Telecom to be defective, we will ship the Replacement Equipment to you, and you will need to send the Equipment in question to Carry Telecom at your own cost.
- d. If there are no issues found with the Returned Equipment, and they work under our test conditions, we will charge a restocking fee for 30 dollars + tax.
- e. Carry Telecom reserves the right to keep the deposit or charge device fees if equipment(s) are not received within 30 days after replacement.
- Once you have notified us by phone about your issue with the service, Carry Telecom can give you an option upon troubleshooting to elect to ship the another equipment first before we have received or tested the existing / previous Equipment, solely at the discretion of Carry telecom. In this way you can continue to enjoy your service without prolonged interruption during the return and review process which can take up to two weeks or more . In this case the following applies:
- a. After you have notified us by phone and we concluded to change the equipment in order to eliminate the provided Equipment issue, we will ship you the Replacement Equipment at the earliest time possible, solely at the discretion of Carry telecom, and charge your account for the cost of the Replacement Equipment and shipping. This amount will be refundable as provided below.
- b. You will be required to ship the existing Equipment to Carry Telecom at your cost, and upon receipt we will test the Returned Equipment.Carry Telecom reserves the right to keep the deposit or charge device fees if equipment(s) are not received within 30 days after replacement date.
- c. If the issue arose due to physical damage, which Carry Telecom reasonably determines that it was caused by you, we will notify you and may charge you the retail fee of the modem.
- d. If there are no issues with the returned equipment, and it works under our test conditions, we will keep the Returned Equipment may charge you restocking fee of $30+tax
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The ONE-year period referred to above shall apply from the commencement date of Service(s), including both the original Equipment(s) purchased, and any Replacement Equipment(s), so that this provision shall not apply beyond the end of the first year following the purchase of the original Equipment. Additionally, if the device is physically damaged and/or has been tampered with, the one-year warranty is void, and you will be required to purchase the un-discounted retail value of the equipment.
Please note that if you make a change to the shipment address for the Equipment, after you have signed up and we have shipped the Equipment, which may result in the need to reship the Equipment, there will be an added cost for this re-shipment. In any circumstances if modem is returned back , not limited to; shipping address error or unclaimed then the additional fees will be charged to you, as determined by Carry telecom.
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Your Equipment (BYOD (Bring Your Own Device))
It is your responsibility to ensure that your hardware meets the minimum requirements stated by Carry Telecom as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service. Any cost incurring in such cases will be solely your responsibility. You agree to be responsible for all the fees or charges incurred due to your own fault or your own equipment fault not limited to; purchasing or renting of an equipment, installation or activation fees, technician visit fees, shipment fees and any other related fees.
- 8. Promotion
- Any promotion or offering involving a discounting of the price of any of the Services (in each case a "Promotion") commences upon the initial receipt of the Service or Services by our customer and end on the last day of the period stipulated with respect to that Promotion. The customer will be billed for the relevant Service(s) at the regular price for such Service as set out by Carry Telecom or as otherwise communicated to the customer. It is understood and agreed that unless it is specified to the contrary, a promotion is available for a limited time only and may be changed or terminated at Carry Telecom’s discretion, although such change or termination shall not affect the period of the Promotion for which a customer has already agreed to, under the premise that the customer is entitled to the benefits of the Promotion involved. For greater certainty this provision shall apply, at the sole discretion of Carry Telecom, to all promotions whether they are signed up for by the customer directly with Carry Telecom or through the Carry Telecom’s distribution partners or agents.
- Carry Telecom reserves the rights to determine the eligibility, duration, limitation and conditions where the referral or promotion code is applied. You are not eligible to receive this referral bonus or renewal of promo code offer if you have already reached referral bonus limit, as determined by Carry Telecom. Changes can take effect at any time for referral or promotion code at Carry Telecom's discretion. Any promotion or offering involving a cash reward earned by customer through referral program shall be manually applied by the customer through our online portal at http://www.carrytel.ca/my-services.aspx , and can only be used to be deducted for future Service(s) charge and cannot be used otherwise. All the unused cash reward balance will be null on the cancellation date. This reward balance cannot be cashed out in any method during any time in service, including cancellation/termination of non contract / contract plan.
- Carry Telecom reserves the rights to determine when the promotion will end. (Example: promotion price cannot be applied for customer(s) moving to another location or changing into a new plan)
- Carry Telecom does not allow users to transfer their accounts to other people without the knowledge of Carry Telecom. $5+tax shall be applied to every account transfer per transaction. Actions may be taken against your account if you violate the terms.
- Carry Telecom reserves the right of final interpretation on all the terms of its promotion. By using our referral program, you agree to only make referrals to known friends and family members with whom you have a relationship. You must not send recommendations to people you do not know. You should not publish or distribute your referral link in locations where the audience is likely to include individuals with whom you do not have a personal or family relationship or who may not be interested in the offer. Any violation or abuse of this referral program including but not limited to, posting on social networks and media, public notices both online and offline, and/or websites is prohibited, sending emails to individuals with whom you have no personal or family relationship, referring yourself, and efforts to bypass, manipulate, obscure or otherwise modify the delivery and accurate presentation of the referral link, sharing tools, content, disclosures, instructions or other materials we provide will be considered breach of these Terms and make you ineligible for any referral program, reverse any referral bonus awarded, and will result in your termination from the program and cancellation of your account. Carry Telecom reserves the right to limit, cancel, or revoke a referral or promo code if it determines, in its sole discretion, you have violated these Terms. All promo and referral codes are subject to applicable Terms and Conditions.
- 9. Trial and Return Policy
- Carry Telecom offers a 7 days 'Trial and Money Back Guarantee' on its Internet Service(s), VOIP(s) or IPTV(s).
- The 7 days trial period (the "Trial Period") starts from the date at which the installation of your Internet Service has been successfully completed as per Carry telecom records. The 7 days trial is counted by the day from your installation date, and not by any specific hours in which the installation took place. For any service time exceeding 6 days, it will count up to 7 days.
- The 7-day Risk-Free Trial and Money Back Guarantee is only available once in conjunction with the purchase of our fiber/cable modem, VOIP adaptor and IPTV box ATA. This trial is offered only once per address, in other words, there will be no trial from the second service(s) onward and any BYOD (bring your own device) option.
- If you are not satisfied with your purchase and wish to cancel the service within the 7 days trial, your modem and monthly payment will be refunded upon the following terms, in addition to our existing policies:
- a. Carry Telecom receives the modem and any other equipment(s) to be returned, in full working condition within 30 days of cancellation date.
- b. Customers are required to pay for the shipping fees including shipping back fee.
- c. Any installation fee or activation fee already occurred is non-refundable.
- d. You may proceed to cancel by calling us within our business hours.
- Within the 7 days trial period, once you have called in to our Call Centre and spoke to an Agent and requested to cancel the service with a confirmed date, Carry Telecom will refund you the cost within 30 business days after receiving your related documents and devices.
- No other fees for service's shipping, installation, or activation, are refundable even within the 7 days trial period. Where Equipment is defective as determined by Carry Telecom and returned to Carry Telecom in accordance with our policy, the Equipment will be either repaired or exchanged, subject to the terms defined hereof.
- For all returns and exchanges, the customer is responsible for properly placing all items back in its original packaging by the manufacturer, including all manuals and accessories. There will be charges added to your account for any missing item(s). Current costs for such items are: Power adapter-$15, RJ11 Phone Line-$10, Splitter-$10, RJ45 Ethernet cable-$10, HDMI Cable-$10, Coaxial cable-$10 and IPTV controller-$20. Please note that you are responsible for all return shipping charges when returning Equipment or requesting a replacement.
- 10. Usage
- The internet is a public network and as a result we do not warrant or guarantee that any communication, or use of our services, is secure or protected from interception by unauthorized individuals. Also, be aware that some content, products or services available on the internet may be offensive or may not comply with local laws. We do not attempt to censor, control or monitor any such content or activity and you must assume total responsibility and risk for using the internet.
- Unless you have subscribed to multiple Carrytel login accounts, you may only have one login session per account at any given time. Your Carrytel account is not transferable and is only to be used or accessed by the account holder who is registered to use the account.
- Any account names or network addresses that are assigned to you shall remain our property at all times.
- The dynamic IP we provide is assigned to customers to access the internet via the service to be used only for residential or commercial purposes. Carry Telecom as an internet service provider does not have any obligations to provide a static IP.
- In connection with your breach of any terms of this Agreement, we may terminate this agreement if you engage in one or more of the below prohibited activities.
- By purchasing the residential VoIP plan, you agree not to use the Service in any way that is beyond normal residential purpose. Any use of the Service(s) for professional, commercial or governmental activities, including but not limited to: home office, business, sales, telemarketing, autodialing, fax broadcasting, or any other activities that would not represent personal and residential use, will be deemed as non-residential use. Such judgements will solely be at the discretion of Carry Telecom, in which several factors may be considered including but not limited to: usage, volumes, volume of calls, high-rate premium/special services and/or personal prefixed numbers, the number of destinations called per month, continuous calling or dialing activity, or any other factors that is not consistent with normal residential use.
- Carry Telecom reserves the right to take appropriate actions if your usage is deemed non-residential, including notification, warning, modification, disconnection, or termination of your service(s).
- If we determined that you have violated this agreement, we may:
- Issue a warning to you;
- Suspend your access to some or all features of the services;
- Terminate this Agreement;
- You may not do any of the following:
- Access information which you are not authorized to access.
- Distribute copyrighted material which you are not authorized to distribute by the copyright holder.
- Distribute unsolicited bulk email (spam).
- Transmit data that is unlawful, harassing, abusive or defamatory.
- Knowingly transmit a virus, Trojan, malware or other harmful software program.
- Use our services in any way that would negatively affect our brand, goodwill or reputation;
- Abuse or violate the privacy of others.
- Abuse or fraudulently use the internet in any way.
- Attempt to disrupt Carry Telecom service by means of network attacks such as, but not limited to Distributed Denial-of-Service (DDoS).
- Additionally, if significant damage and/or any legal issues arise as a result from the improper use in violation with this agreement, Carry Telecom reserves the right to charge you for any direct or indirect cost incurred, including any additional costs to enforce your compliance with our company.
- 11. Support
- If the Equipment experiences malfunctions during its intended use, Carry Telecoms, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, you agree that Carry Telecoms’ liability and your sole remedy is limited to a refund of charges or the replacement of such Equipment(s) by Carry Telecom, provided that you notify Carry Telecom immediately upon Equipment(s) malfunction. If it is determined that repair was not required or was required due to damage caused by you, you agree to pay Carry Telecoms cost necessary for such repair or replacement. You will also be responsible for shipping back the defective equipment.
- Upon cancellation or termination of Services, you agree to return the replaced or rental Equipment(s) with the accessories, which is owned by Carry Telecom, at your own expense. You are responsible for the continuing charges of the Equipment(s) until its return. You are responsible for the charges incurred due to unreturned / late return of Equipment(s). If you fail to return the Equipment(s) within the required time (30 days after cancellation date/replacement) , Carry Telecom will repossess the Equipment(s) at your expense, and/or charge you for the retail cost of such Equipment(s) which is determined by Carry telecom.
- Compensation of service interruption. The refund amount for internet service should be no more than your service payment. Carry Telecom will only refund for those relevant internet service fees, such as, modem, installation and monthly fee. Carry Telecom reserves the right and will not refund any remedy which is not related to Carry Telecom internet service. Carry Telecom does not take any responsibility for all of the costs incurred under any condition.
- You agree to follow our troubleshooting procedures, if Carrytel need to send a technician for a service interruption through no fault of your own, such as defective equipment or other circumstances that are out of your control, we will cover the cost to send a technician to your premises. If, at Carrytel’s sole discretion determined the cause of your service interruption is fully or partially due to your actions, such as damaging, tampering or using your own equipment, or wiring configurations within your premise, we will charge technician visit fee depending on main providers' charges.
- 12. Suspension, cancellation or termination
- All accounts that are 15 days past due will be suspended until payment has been received in full. If an account has been suspended due to non-payment, no credit will be issued for the days without service.
- If you wish to resume your cancelled Carry Telecom Service after the cancellation date or a new customer who wants to order a service for an address that had or currently have an active service, you must pay the applicable processing fee $69 as set by Carry Telecom, plus applicable taxes.
- Any device and accessories that are under the rental condition and/or equipment that are replaced, are all required to be received to Carry Telecom within 30 days of the cancellation date, at your own cost.
- All equipment that are returned to Carry Telecom are subject to tests. Rental equipment are required to be returned in full working condition. If the return rental equipment is deemed as faulty and/or damaged, you agree to pay Carry Telecom the un-discounted retail value of such equipment. The un-discounted retail prices are $149+tax for all new modems, $99+tax for all refurbished modems, $79+tax for IPTV Box and VOIP adapters along with accessories.
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You are also required to return the accessories provided to you, in full working condition. If the accessories are not return to Carry Telecom or damaged for any reason, there will be charges added to your account for any missing accessories. Current costs for such items are: Power adapter- $15+tax, RJ11 Phone Line- $10+tax, Splitter- $10+tax, RJ45 Ethernet cable- $10+tax, HDMI Cable- $10+tax, Coaxial cable- $10+tax and IPTV controller- $20+tax.
• Customer request for cancellation and credit refunds
Applicable to Residents of Ontario, Quebec, New Brunswick and, Newfoundlandand Labrador, unless otherwise permitted by applicable law:
- a. You may terminate any or all of your subscribed Service(s) at any time by calling Carry Telecom at the phone numbers listed on the website, and speaking with a Carry Telecom team member. No other form of cancellation is permitted. Early cancellation fee will be applied to all contract plans upon the cancellation during the contract period. An early cancellation fee will be applied to the final invoice. Cancellation fee is based on the fee that was agreed upon when you signed up for service with Carry Telecom. And in case of moving to a new address, and for any reason the new address is not serviceable, the cancellation fee still stands.
- b. It will be your responsibility to log into your account from our website to process a self-refund, 30 days from your cancellation date. Any prorated amount will appear on the most updated invoice. (Note: does not apply to promotional credit) If the Service(s) is terminated by either party, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.
- c. All the credit balance applicable will be refunded back to the credit/debit visa that the customer paid from or by issuing a cheque with $5 +tax processing charge per cheque transaction. No other form (e-transfer/PayPal) is applicable. Once a cheque refund is requested, it will be your responsibility to provide us with your legal name, shipping address and other contact information, through email. For any reason that you requested a stop charge, a 25+tax stop charge fee will be charged to you or deducted from the refundable amount.
- d. Cancellation or plan changing request must be telephoned to our call center department, informing Carry Telecom of which service(s)(internet, VOIP and/or IPTV) and of the exact day of the cancellation. Carry Telecom reserves the right to keep the deposit or charge device fees if equipment(s) are not received within 30 days after cancellation.
- Any amounts owing must be cleared by you, even if Carry Telecom may suspend or terminate the service without any notice
- Your service might be suspended without any notice when there is no payment by due date.
- Carry Telecom may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to Carry Telecom for billing purposes.
- We may block, suspend or terminate any or all of your Services or Accounts in any way, without notice or liability to you, if
- You fail to pay the invoice;
- You disagree or violate our policy, terms or conditions;
- You harass, threaten or abuse Carry Telecom, its Service(s), our employees and/or agents;
- You are not willing to cooperate with our troubleshooting procedure.
- You violate any of the terms described in Section 10 and Section 13
- 13. Acceptable Use Policies
- The Subscriber is solely responsible for use of the Services by itself, or any other person (collectively, the "End Users"). The Subscriber agrees to comply, and to ensure that the End Users comply, with the following policies and procedures associated with the use of the Services.
- Carry Telecom reserves the right to change any aspect of a Month-to-Month Service and the corresponding Agreement. As long as we give you written advance notice by email, letter, on your bill or posting the notice on our website at least:
- (i) 60 days' prior notice for a change to a key term or,
- (ii) 30 days' prior written notice for a change to any other term.
- We may also change aspects of a Term Service and the corresponding Agreement, other than a key term, upon at least 30 days’ prior written advance notice by email, letter, on your bill or posting the notice on our website. Carry Telecom will also explain the change and when it will take effect.
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Rules
While using the Service, you may not:
- a. post, transmit, distribute information that constitute a criminal offense.
- b. post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
- c. post or transmit any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;
- d. upload, download, post, publish, retrieve, transmit, reproduce, distribute other material which is confidential or is protected by copyright.
- e. use the Service for an unattended automated operation, including but not limited to point-of-sales applications.
- f. engage in account sharing, includes permitting third parties to use your Service account and password; or
- g. use the Service for simultaneous sessions using the same User ID and Password.
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Your Equipment
It is your responsibility to ensure that your hardware meets the minimum requirements stated by Carry Telecom as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.
- Carry Telecom will not assume any responsibility for your acts, omissions or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Carry Telecom and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.
- You acknowledge and understand that when using home networking and internet service, there are certain inherent risks (e.g. others may gain access to your system or you Services and Accounts). Carry Telecom shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Carry Telecom.
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Monitoring
Carry Telecom has no obligation to monitor the Service(s). However, in order to protect itself and its subscribers, Carry Telecom will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Subscriber or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Carry Telecom will not intentionally monitor or disclose any private information or e-mail message(s) unless required by law. Carry Telecom reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines in its sole discretion, are unacceptable, undesirable, or in violation of these policies.
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Intellectual Property
All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by Carry Telecom Inc. All of them are recognized as valuable assets of their respective owners, and they may not be displayed or used by you in any manner for commercial purposes or copied in any ways for any purpose without the written permission of Carry Telecom Inc that owns it. Carry Telecom Inc reserves the right to withdraw the credit or terminate the account if any involvement of copyright and trademark violations without notice or liability to you.
- 14. Service Changes and Amendments to the 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.carrytel.ca. 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: November 26, 2024