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Services offered by TECHMINDS 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, including any additional terms and conditions related to a particular service constitutes the entire Agreement between you and TECHMINDS and does not include any other written or oral representations or agreements.
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This Agreement may be changed and updated from time to time at the discretion of TECHMINDS and TECHMINDS will post an updated version on its website available at https://TechMinds.ca/terms and may additionally give you notice of any changes by mail, e-mail or message on your monthly bill. Please refer to the TECHMINDS website for the latest Terms of Service agreement. In the event of any such change, you will be responsible for paying all charges incurred for use of the services, including charges resulting from the change or modification, and by your continued subscription to the services, you will be deemed to have accepted the change. 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. You cannot change this Agreement.
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You agree to read and adhere to TECHMINDS’s Terms of Use available at https://TechMinds.ca/terms and TECHMINDS’s Privacy Policy available at https://TechMinds.ca/privacy-policy and agree to hold TECHMINDS harmless from all liabilities and expenses related to any violation by you of the Terms of Use and/or Privacy Policy, which shall be incorporated by reference into the Agreement.
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By entering into the Agreement, you authorize TECHMINDS to obtain information about your credit history and agree that TECHMINDS may share such information to others for the purpose of its business activities aligned to our credit experience with you.
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Language. You confirm that you accept this Agreement, as well as all other related documents, including invoices and notices, in English only.
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(iii) SERVICE OUTAGES – You acknowledge and understand that during service outages by your broadband internet service provider or for any reason whatsoever, your VOIP service including 9-1-1 service, will not work. in the event of a power failure, VOIP service, including 9-1-1 service will not work. if there is an interruption in the power supply, the VOIP service, including 9-1-1 service, will not function until power is restored. a power failure or disruption may require you to restart, re-set or reconfigure equipment prior to using the VOIP service. service outages due to suspension of your account as a result of billing issues will prevent VOIP service, including 9-1-1 service.
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(iv) You agree to immediately advise TECHMINDS , if you intend on changing the address from which you use your voip service to ensure you maintain 9-1- 1 service. you acknowledge and understand should you fail to do so, your 9- 1-1 service will not work properly and this will adversely affect your ability to access 9-1-1 service.
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(v) You acknowledge and agree that TECHMINDS its affiliates, directors, employees, agents and underlying carriers, will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating to the 9-1-1 service and you agree to indemnify and hold harmless TECHMINDS (and their respective directors, officers, employees, agents and underlying carriers) for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you may suffer or incur, arising directly or indirectly out of or relating to your failure to obtain access to 9-1-1 service.
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(vi) Operator Services Currently Not Available TECHMINDS does not offer Operator Service.
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TECHMINDS Equipment – Where required, TECHMINDS will provide and may install equipment that is required to provide you with Services, including cables and products. Such Equipment may require a Refundable Security Deposit at prevailing rates.
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Ownership and Interest – You agree that the Equipment, including dial numbers and/or IP addresses assigned to you by TECHMINDS , shall at all times remain the property of TECHMINDS , and that you have no right, title or interest therein and agree to keep the equipment free and clear of any levies, liens and encumbrances.
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Non-TECHMINDS Equipment – If you may choose to use equipment not provided TECHMINDS , you accept that TECHMINDS will not provide support for such equipment and does not guarantee performance of equipment and service.
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Receiving Equipment – Equipment shall be deemed to have been delivered in good working condition unless you give notice to TECHMINDS to the contrary within 5 days of receiving the equipment.
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Prohibited Changes – You agree that you will not re-arrange, disconnect, remove, reconfigure or repair any equipment, including passwords, and in the case of VoIP Equipment, to not change electronic serial number or equipment identifier of the equipment, or to perform a reset of the equipment, except by prior written agreement with TECHMINDS . Terminal equipment provided by you may be connected with TECHMINDS ‘S facilities only by prior special written agreement with TECHMINDS. If you tamper with the equipment, TECHMINDS reserves the right to terminate your Service, in which case you will be responsible for all charges for your service(s) and equipment.
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Fees for Prohibited Changes – You agree that if you make unauthorized changes to any equipment provided to you by TECHMINDS , which results in service problems or downtime, TECHMINDS may charge you and you agree to pay TECHMINDS the cost for any effort involved in the restoration or repair of service to You.
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Equipment Malfunction – If the equipment malfunctions during its intended use, TECHMINDS, at its sole discretion, will maintain and replace the equipment if necessary. In such an event, you agree that TECHMINDS’s liability and your sole remedy is limited to a refund of charges or replacement by TECHMINDS of such equipment, provided that you notify TECHMINDS immediately upon equipment malfunction. If it is determined that repair was not required or was required due to damage caused by you, you agree to pay TECHMINDS the cost for such repair.
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Safekeeping of Equipment – You agree that you are responsible for the safekeeping of equipment from the moment you receive the equipment until the equipment is returned to TECHMINDS in good physical and functional condition.
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Damaged Equipment – If, while in your care, the equipment is damaged, lost, stolen, or if, in TECHMINDS’s sole discretion, the equipment is returned in an unusable condition, you agree to pay the replacement value of the equipment. If, in TECHMINDS’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 TECHMINDS.
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Return of Equipment – 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 TECHMINDS ), the equipment TECHMINDS in good working condition within thirty (30) days of cancellation/termination or within a time specified by TECHMINDS. Also 25% restocking fees will be applicable to the equipment’s 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 stipulated time frame, TECHMINDS may repossess the Equipment at Your expense, and/or may charge you for the replacement cost for such equipment.
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Security Deposit – In the event of processing your service(s), you agree that TECHMINDS will request you to make a security deposit for your equipment and it will be refunded at the time of your cancellation of service (Security deposit is non refundable for cancellations within 12 months). You agree that TECHMINDS 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.
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Under the cancellation and termination clause described below, TECHMINDS will refund prepaid Service fees based on the number of days left in the last monthly billing cycle after the cancellation date.
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If you are seeking a refund or have questions on the refund policy, please contact us at 877-770-7779 or email us at info@TechMinds.ca
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Increase Prices due to CRTC Wholesale Rates
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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.
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Changes currently affect for Existing customers & New customers , TECHMINDS 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.
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A win for telco giants, a loss for the average Canadian
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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.
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This decision, if carried out, will ultimately mean Canadians can expect to see their internet bills go up.
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Why did the CRTC reverse its own decision?
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The CRTC’s purpose as it pertains to the internet services industry is to o “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.
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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?
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How we’re fighting it
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TECHMINDS 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.
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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 TECHMINDS is notified to the contrary.
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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.
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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@TechMinds.ca; or through pre-authorized credit card. DO NOT SEND CASH IN THE MAIL.
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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 3% 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.
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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.
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In exceptional circumstances, for example, where you present an abnormal risk of loss to TECHMINDS , prior to the normal billing date TECHMINDS 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 TECHMINDS demands payment, whichever occurs later.
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TECHMINDS may request immediate payment in extreme situations, provided TECHMINDS has notified you and the abnormal risk of loss has substantially increased since that notice was given or TECHMINDS, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud TECHMINDS.
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You must bring invoice inquiries or disputes to TECHMINDS’s attention within ninety (90) days of the date of the invoice, or you will be deemed to have accepted the invoice.
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(i) Fail to pay outstanding past due amounts for your Services or your payment is returned N.S.F. In such cases, TECHMINDS may not resume your Services until full payment is made sufficient to cover the amounts outstanding;
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(ii) Fail to pay outstanding past due amounts for any other services provided by TECHMINDS to You;
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(iii) Fail to provide interim payment when requested by TECHMINDS;
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(iv) Become bankrupt or insolvent;
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(v) Fail to meet TECHMINDS’s credit requirements;
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(vi) Present an abnormal risk of loss (including, in current a significant amount of billable charges) as determined in TECHMINDS’ sole discretion;
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(vii) Violate any term in this Agreement;
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(viii) 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;
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(ix) 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
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(x) Are threatening, harassing, abusive or unreasonable to TECHMINDS, its employees, and agents; or
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(xi) Alter or interfere with TECHMINDS Equipment.
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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 TECHMINDS 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.
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Assignment – You may not assign, or transfer this Agreement or service(s) to a third party without the prior written consent of TECHMINDS. This Agreement will ensure to the benefit of, and be binding upon, the parties and your respective heirs, executors, administrators, successors and permitted assignees.
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No Waiver – The terms and provisions of this Agreement may only be waived in writing signed by TECHMINDS. No failure by TECHMINDS to insist upon your performance of any obligation under this Agreement will constitute a waiver of the obligation.
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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.
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Jurisdiction – This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.
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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 of service 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.
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TECHMINDS Contact Information:
