GTA Telecom conducts business directly and/or through various subsidiaries and affiliates (individually and collectively referred to as “GTA Telecom or any other descriptor referenced herein”). Whereas, GTA Telecom transacts in legal business agreements providing telecommunication, entertainment and home security products and related services to both residential (personal individuals) and business enterprises/organizations; GTA Telecom reserves the right to change, modify and otherwise alter any and all terms and conditions contained herein at any time and at our sole discretion in accordance to jurisdictional law.
The present Terms and Conditions ‘Terms’ document constitutes our agreement ‘Agreement’ which outlines the regulations that govern the use of our products and related services. By users, both individuals and business entities (collectively referred to as ‘You’; ‘Customer’; ‘Client’; ‘Subscriber’; ‘Account Holder).
end-user that purchase our products, equipment and associated services from GTA Telecom and is liable to Us for the terms and conditions in regards to the services rendered;
We may change any aspect of a Month-to-Month Service or Term Service as well as any term or provision of an Agreement, upon prior written notice to you by bill message, text message, letter or e-mail. If you do not accept the change, your remedy will be to cancel the affected Services or Agreement by providing us with notice of cancellation Section: cancellation below within 30 days of receiving our notice of change (unless we specify a different notice period or different remedy).
NOTE: You are responsible for regularly reviewing our Web site to obtain timely notice of such amendments in the event that you do not receive our email notices or mail.
Service Terms and Conditions are the legal rules and regulations that form the agreement governing your relationship as a customer with GTA Telecom. By using our current products and related services offered therefrom, all parties, said term which encompasses both individuals, business entities together with all other individuals, directly related our otherwise have direct or privileged access to our products and services, including but not limited to our Internet services and IP Phone services, websites, products collectively, the “Subscriber” signifies that said parties have read, understand and agree to be bound by the Terms and Conditions contained herein.
The following Service Terms and Conditions shall apply to all our suite of products including but not limited to Internet bundles, VoIP Phone and their related devices and services which forms the service subscription agreement between consumer party/parties and GTA Telecom. These services may be regulated by the Canadian Radio-Television and Telecommunications Commission (CRTC) and the terms and conditions may be amended by GTA Telecom when needed in accordance to the law of your jurisdiction.
2.1.1 Service Availability Warning:
GTA Telecom does not guarantee uninterrupted service. The availability of the Internet access service provided by the Company will be subject to power outages and other conditions affecting Internet use, which are outside the control of GTA Telecom. By accepting these terms, subscriber will be deemed to have considered and accepted this qualification with respect to the application of the service to the use of VolP telephones, security systems, health monitoring systems, Intercom, or other systems requiring permanent, always-on connections. You hereby releases GTA Telecom from all claims you may have against us in the future arising from damage or losses suffered by subscriber as a result of interruption of service due to conditions beyond the control of GTA Telecom.
2.1.2 No Redistribution:
Any subscriber or any of their collective subsidiaries, agents or representatives be they individual persons or business entities are not permitted to resell or redistribute your Internet connection without prior written consent. A violation of this term will result in the immediate termination of your account. Hospitality service operators, such as hotels, resorts, clubs, marinas, etc. may provide temporary Internet access to their on-premises paying customers and guests, subject to the overall bandwidth limitations of the service plan herein provided.
2.1.3 Subscriber responsibility:
You are responsible for:
2.1.4 Restrictions:
You acknowledge and agree that:
2.1.5 Guarantee of Speed:
GTA Telecom does not guarantee fixed speed at all times. The speed provided is capped at up to a maximum of the selected speed upon the purchase of your services. Actual speeds experienced vary due to several factors which includes but not limited to Internet traffic, server gateway/router, equipment, home wiring, home network or viruses, etc.
2.1.6 Types of Terms and Services (the “Service” or “Services”):
2.1.6.1 Types of Terms:
Undetermined terms also referred to as “Month-to-Month Services” are Services that you subscribe to on an ongoing basis, but not with a fixed Term. GTA amend changes to the terms associated with your account at any time and point with a written notice mailed or emailed to your account via your invoice or other means of written notice.
Determined terms also referred to as “Term Services” also known as “contract” are Services that you subscribe to for a committed period of time as indicated on your applicable service agreement. At the end of the Term for a Term Service, the Service will automatically become a Month-to-Month Service in which GTA reserves the right to change the terms and conditions to the new undetermined terms. A notice and reminder of the expiration date of your Term service will be mailed, emailed to you with your invoice 60 days prior to expiration date. Please note it is your responsibility to keep your account up to date.
2.1.6.2 Residential services:
“Residential” accounts are referred to accounts where the services are utilized for personal use and activities. No profit is made or generated through these accounts. Should the residential services be used in whole or in part for the operation of a business, or shared with other people, your service may be transferred to GTA Telecom’s commercial services following a period of 30-day notice to You. In the event of unlawful, fraudulent or abusive use by a Customer, the Services will be suspended in order to protect GTA Telecom or the providing Carrier's network
2.1.7 Service Availability
Availability of service: You can only inquire about services within the area that GTA Telecom provides the Services, and subject to availability in your premises. In order for GTA Telecom to determine the availability of your services please note that some information will be required as the accurate address where the services will be rendered.
2.1.8 Installation of Services:
You hereby authorize GTA Telecom or its agent to install services and provide services as requested. You acknowledge that all Contracts are subject to final site survey and inspection; at which time a final decision of service availability and additional installation fees may be applicable.
2.1.9 Installation of DSL Services:
ADSL Dryloop Internet: GTA Telecom technician will install Internet service to the demarcation point for traditional telephone lines. You are responsible to connect the Modem Router and computer according to the printed instructions. GTA Telecom provides free on-line support to assist you to connect your devices.
Additional information in regards to DSL installation, the technician reserves the right to decide where to connect your services in a functional phone jack at home. However, in case of no jack or the jack is not functional, additional installation service fees will apply at your expense.
As an example: •Add / move / repair jack(s) $115.00 per jack
FTTN Internet: the technician will complete the installation including the connection of modem router and one computer at your address if all are ready to be connected and credentials have been entered.
2.1.10 Cable internet service: A technician will be dispatched by authorized GTA Telecom’s partners to your premises, the technician may or may not connect your modem. You are responsible to connect modem, router and your computer according to the printed instructions. GTA Telecom provides free on-line support to assist you to connect your devices.
With the exception of Videotron services, all other third party technicians sent from third party providers reserve the right to choose where the service can best be installed to their best knowledge and expertise. Once the service is installed and fully functional GTA Telecom will not reimburse the installation fees or services fees, should you terminate the service shortly after.
2.1.11 Other installation options:
In applicable situations and in certain regions, GTA will send a technician to your premises to complete all required actions, with additional charges, this includes:
Connection of GTA Telecom equipment modem, router and ATA phone adaptor.
-Connection of your personal equipment: Computers, Android TV box, telephone device.
All these are subject to additional charges estimated by the technician once on premises and due on your next bill.
2.2.1 Emergency Services - 911 Dialing:
GTA Telecom VOIP Phone Service uses the same national 911 network that all traditional telephone companies use. Be aware that 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. Disconnection of your account will prevent all Service, including 911 Dialing, from functioning. Your ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that GTA Telecom is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, by way of illustration but not limitation, call routers, call centers and local emergency centers.
2.2.1.1 Alternate 911 Arrangements
If you are not comfortable with the limitations of the 911 Dialing service, you should make arrangements for an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. You understand that additional arrangements should be made to access emergency services. To access emergency services, you acknowledge and accept that it is your sole responsibility to purchase, with a third-party separately from GTA Telecom, traditional wireless or wireline telephone service that offers access to emergency services. You further recognize that GTA Telecom is not a replacement for your primary telephone service and you are hereby advised to maintain a traditional wireline or wire-based telephone service at all times. By agreeing to these terms of service and by your use of the Device, you acknowledge and accept that the Device may not support or provide emergency service at all times. You represent and warrant to GTA Telecom that you already have made additional arrangements with a third party to access emergency services.
2.2.1.2 Registration of Physical Location Required for 911
For each phone line that you utilize with the Service, you must register the physical location where you will be using the Service with us. Your initial location will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address through your online account and update it if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. You may update a location by logging on to your online account. For purposes of 911 Dialing, you may only register one location at a time for each phone line.
2.2.1.3Network Congestion
Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
2.2.1.4 Disclaimer of Liability and Indemnification
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither GTA Telecom nor any of its officers, directors, members or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless GTA Telecom, its officers, directors, members, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
All equipment purchased at GTA Telecom is guaranteed for 1 year. GTA Telecom will choose to either repair or replace equipment at its sole discretion. The warranty does not apply to any physically abuse of the equipment, damage resulting from an accident, and damage due to loss of parts or modifications made by You to the equipment without GTA Telecom’s prior consent.
This warranty only covers subscribers who have selected this added feature at extra cost determined by GTA Telecom, the type of equipment, and the duration of warranty extension. The extended warranty ensures that your purchased equipment will be subject to repair or replacement even after the basic 1 year warranty. The warranty does not apply to any physically damaged devices sold by GTA Telecom directly or through its agent on behalf of GTA Telecom, damage resulting from an accident, and damage due to loss of parts, water damage or modifications made by You to the equipment without GTA Telecom’s prior consent will not be covered with this extended warranty therefore please take proper measure to ensure the safety of your equipment.
Our services are prepaid therefore you pay in advance for the services with the exception of long distance charges they apply on the next bill.
Invoice statements will be sent via e-mail.
New invoices are generated, on a monthly or yearly basis and in accordance to the selected plans, they are emailed or mailed . We make them available to you 20 days prior to your billing cycle. The invoice will include the details of the services rendered, the discounts when applicable, any fees or waved fees, credits or adjustments, last payment received, in addition to outstanding balances and additional charges if applicable.
Repeated charges on repeated services delivered to our subscriber on a regular basis until disconnection.
Also known as non-recurrent charges that are due one time see table below.
In addition to your service charges GTA Telecom, may charge additional fees in accordance to the situation and jurisdiction. All fees and charges are subject to changes and applicable taxes.
Recurrent Charges |
One-Time Charges |
|
Internet services |
Device purchase or Deposit $59.00- $175.00 |
|
Phone services |
Installation $59.00 |
|
911 Emergency charges |
Reactivation after disconnection fee $49.00 |
|
Reactivation after non-payment fee $5.00 |
|
|
Moving fee $49.00 |
|
|
Upgrade fee $25.00 |
|
|
Shipping $10.00 |
|
|
Suspension $25.00-$50.00 |
|
|
|
NSF/Returned payment/Pre-authorized payment denial $15.50 |
|
|
Late payment fee 2% |
|
|
Early Cancellation fee 1 year contract $50.00-$100 |
All service payments must be made on time. All payments are billed by preauthorized credit card. Should your payment decline, a notice will be emailed to you informing you of a recharge 3 days later. Service will be canceled if you incur 2 declined payments.
GTA Telecom strives to provide premium quality Services at competitive prices. We provide no guarantee in this regard. The service charge will remain unchanged during the prepaid period of the Service. The prices for monthly Services or IP phone packages may be modified from time to time at GTA Telecom’s sole discretion, following a period of 30 days’ notice to the Customer.
At the time of renewal of the one year prepaid service, the service charge may be modified, with or without notice, depending on the Service you choose.
In the case of work performed by GTA Telecom that is not the principal object of our Services (e.g. international rates, moving fee or suspension fee) , prices may be modified by GTA Telecom at any time without notice and such modifications will be posted on our website www.GTAtel.com.
You may change your Services at any time by contacting us. You may be subject to an administrative charge in accordance with Section Billing and Charges. You may also be charged a fee to change your Service in accordance to the services and the changes required.
Please note that if you wish to change a Service, you may only be able to do so to Services that are currently available in the market and in your desired address. Also note that any Service you remove may no longer be available, or may be subject to the price available in that period, we do not guarantee old prices once services changed.
Please note all internet service upgrades are subject to a $25 fees applied on residential accounts. Commercial accounts will need to contact GTA Telecom directly to inquire about the changes of services and fees.
Reactivation after non-payment suspension
Reactivation can only take effect once the balance is cleared on the account. The reactivation may vary from 5 min to up to 1 business days this depends on the type of services and the number of services on the account, please take into consideration provincial and federal holidays in your jurisdiction and that of our partners. Reactivation fee of $5 may apply and the charges are applicable automatically on your next invoice.
Please be advised GTA Telecom reserves the right not to provide credits on the days your services are suspended due to non-payment as we attempt to contact the subscriber through the means provided to us initially on the account and billing due date reminders are sent out on several occasions.
Reactivation after disconnection of services
Once your account is disconnected, a reactivation fee of $59 will be required in addition to one month’s service. These fees are due immediately and reactivation will be subject to a technician’s availability. This may take 7 to 10 business days and may be longer in high seasons. For more details contact our agents.
The Services are provided "as is". GTA Telecom makes every effort to provide high quality service, but does not guarantee that the performance or availability of the Services will satisfy your needs or expectations. In the event of a problem with the availability or performance of the Services, GTA Telecom will take the reasonable and necessary measures to resolve your issue, but does not guarantee it will be resolved within any limited time.
GTA Telecom services depends on including networks, cabling, facilities and certain equipment that are not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
GTA Telecom shall not be responsible for interruptions in Service caused by Force Majeure events which include, but are not limited to, such events as acts of god; terrorism, strikes; fire; war; riot; or government actions.
If the Services are interrupted for a period of 48 consecutive hours or more that the Services are rendered unusable, GTA Telecom\'s liability shall be limited to crediting You for the period during which the Service(s) was interrupted on a pro-rated basis on the bill covering the period in question, except in the event the interruption was due to the intentional or gross fault of GTA Telecom or its representatives.
You agree that no submissions by you to the GTA Telecom, websites, servers, social media, or its affiliates, will violate any right of any third party, including privacy or other personal or proprietary right(s). You also agree that no Submissions by you to our website or servers, devices, and social media will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
Illegal or Inappropriate Use of the Service:
GTA Telecom will not be responsible for any corrupted data, files or viruses which affect you or your computer. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption.
The actions GTA Telecom takes may include account suspension or termination. GTA does not issue any credits for accounts canceled due to breach by the subscriber of any term or condition of this contract. In addition to any other fees and penalties that may be assessed by GTA Telecom, as provided herein, you shall be held liable for any and all costs incurred by the GTA as a result of your violation of any terms and conditions of this Agreement.
Your account remains under the subscriber unless, you agree to transfer your account to a new end user, in order to transfer the account successfully the new subscriber and the former account holder should meet GTA Telecom Transfer conditions and requirements:
Terms and conditions on a transfer may change and vary as per GTA’s current applicable terms and in accordance to the law in your jurisdiction.
i Is responsible of payment on a regular basis from the date the account is transferred onwards.
ii Must provide accurate information about name, phone number, email address, or best means of contact.
iii Must pay any deposits on the account to maintain the same privileges for example equipment rental.
iv Must pay the first month and any dues on the date the transfer is concluded.
v New account holder then agrees to use the service as is, in the same address with the same service conditions.
Outstanding charges after cancellation:
Should there be an outstanding balance any deposit on the account will then be used to cover the charges remaining on the account the remaining balance will then be refunded to the credit card what originally paid for. If the credit card number has been changed or not valid anymore, client must provide the new credit card information.
Bad debt: If the deposit is not sufficient to cover these charges a final notice will be mailed to your address no later than 30 days after cancellation, failure to pay the remaining balance on the account will lead to collection agencies including the collection service fees. This will lead to bad credit.
Should collection agencies receive your account due to none payment of outstanding balance, Subscriber agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
The Subscriber agrees that the personnel of the Company and its sub-contractors (together recognized as the "Service Providers") will be allowed at their sole discretion to install, upgrade, repair and maintain equipment to:
GTA reserves the right to immediately disconnect your services. The contract may be terminated at any time for default in payment but fees for the remaining contracted period are due in full. You may choose to terminate your services with GTA Telecom at any time should your account owe 0 balance.
This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
In providing Internet access service. The Company, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular, purpose and security, and shall not be liable to the subscriber for indirect, indirect, incidental, special or consequential damages of any kind resulting from provisioning of or failure to provide the service without limiting the foregoing, the company will not be liable for damages resulting from the use or inability to use the service or to access the internet reliance on information obtained through the internet, interruptions in the service for any reason, deletion of files or email, lost data, unauthorized access to the customer’s records or files, errors, defects, damages to equipment computers and stored information, due to viruses, delays in operation or transmissions or any other failure of performance.
You undertake to hold harmless, guarantee and assume responsibility for the defense of GTA Telecom and the Carriers against any claim, action, proceeding or formal notice, including legal and judicial fees, in relation to any damages or regulatory proceeding that may have resulted from your negligence or your unlawful use of the Service or the equipment.
In no event shall GTA Telecom, its officers, directors, employees, affiliates, agents or any other third-party provider who furnishes services to You in connection with this agreement or the service be liable for incidental, direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the Customer’s use or inability to use the Services, including the inability to access emergency services via the Services at any time or from time to time, or any interruption or degradation of the services, except in the event the Customer’s inability to use Services was due to the intentional or gross fault of GTA Telecom, or its representatives.