In these Terms, "us", "we" and "our" means UNMETERED d/b/a UNMETERED ClearingHouse, owned by UNMETERED Trust (Cayman Islands). These Terms of Service ("Terms") govern your use of :
Please note that the term "UNMETERED Parties" includes UNMETERED ClearingHouse and its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives).
These Terms work together with the following materials to form your complete agreement ("Agreement") with us, and provide you with the important information you need to help you fully understand your services :
Your Agreement, with any amendments, is the entire agreement between you and us for the applicable services. Each service that you subscribe to is a separate Agreement with us. If there is any inconsistency between the materials listed above and these Terms, these Terms will prevail.
You, as account holder, are responsible for complying with the Agreement. Among other things, you are responsible for :
If you have a concern that was not resolved, then we invite you to submit a management support ticket (located at unmetered.io/tickets/new) and we'll respond within one (1) business day. If you're not satisfied with the resolution by one of our management team members, then you also have the option to speak to our Office of the President or even directly with the Ombudsman office.
Not applicable to Residents of Quebec**: To the extent permitted By applicable law, unless we agree otherwise, any claim or dispute, Whether in contract or tort, under statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items 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 (1) arbitrator under the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. We will pay all reasonable costs associated with the arbitration.
If any portion of an Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of an Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of an Agreement.
These Terms have been drawn up in the English language as our default language of communications. If you would like a copy of these Terms in one of the 90+ languages our website(s) supports : please use the language translator tool at the top right corner of every portal page.
Each Agreement is governed by any applicable laws of Canada and by the laws of the province in which your billing address is located and you submit to the jurisdiction of the courts of that province. However, if your billing address is outside of Canada, that Agreement is governed by the laws of the province of British Columbia ("BC") and you submit to the jurisdiction of the courts of BC. Rights and remedies may vary by province.
To contact us:
* "Residents of Newfoundland" means residents of Newfoundland and Labrador who enter into an Agreement to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies. ** "Residents of Quebec" means residents of Quebec who enter into an Agreement to which the Consumer Protection Act (Quebec) applies
SERVICE SUSPENSION ON PAST DUE : seven (7) days
SERVICE TERMINATION : thirty (30) days past due
ACCOUNTS SENT TO CONNECTIONS : one hundred twenty (120) days +10% service charge
Email bill payment reminders are sent 1 week before, the date before, the day of and 3 days after the billing date
RETURNED PAYMENT* FEE : $35CAD* Includes dishonoured checks and electronic payment chargebacks
The services are categorized as follows :
The term of each Agreement starts on the initial activation date of the Services or the Equipment, whichever is earlier ("Activation Date"). At the end of the Term for a Term Service, the Service will automatically become a Month-to-Month Service and you will keep your existing Service and Agreement with us, unchanged, until they are changed or cancelled in accordance with these Terms.
Yes, we may change your Services or Agreement as described below.
For home Services
Not applicable to Residents of Newfoundland* or Residents of Quebec : 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 under Section 2(e) below within thirty (30) days of receiving our notice of change (unless we specify a different notice period or different remedy).
Applicable only to Residents of Newfoundland* or Residents of Quebec : We may change any aspect of a Month-to-Month Service and the corresponding Agreement, as long as we give you at least thirty (30) days prior written notice. We may also change a Term Service and the corresponding Agreement upon at least thirty (30) days prior written notice, but will not change the price, term, nature or any other essential elements of that Term Service or that Agreement. In either case, we will send you the written notice by bill message, text message, letter or e-mail and it will contain the new or amended term or provision, the former version of that term or provision (if applicable), the date that the amendment will come into force, and your rights. If a change to a Month-to-Month Service or a Term Service entails an increase in your obligations or a decrease in our obligations and if you do not accept that change, your remedy will be to cancel the affected Services or Agreement without an Early Cancellation Fee (defined below) by providing us with notice of cancellation under Section 2(e) below no later than thirty (30) days after the amendment takes effect.
For Pay-Per-Use Services
Pay-Per-Use Services are subject to availability and may be changed or cancelled by us at any time without prior notice to you.
You may change your services at any time by contacting us in any of the ways set out on https://unmetered.io/page. You may be subject to an administrative charge in accordance with the Product Information page for the service you had purchased, this would be the only fee. Please note that if you wish to change a Service, you may only be able to change to a Service that is currently available in market. Also please note that any service you remove may no longer be available for the price that you currently pay, or at all.
You may cancel any or all of your services and any corresponding agreement at any time ideally online self-serve through the ClientArea portal at unmetered.io/clientarea or by contacting us via email to [email protected] or any of the telephone numbers or email addresses listed on unmetered.io/page. Cancellation takes effect on the day that we receive notice of the cancellation, or a future date specified in that notice (if applicable), whichever is later. Applicable charges continue until that date. However, if you only cancel a television Service add-on or an internet Service add-on, applicable charges continue to apply until your next billing date for that add-on. Our Cancellation policies and systems are compliant with CRTC 2014-576.
Termination by You. Please be advised only the account holder may terminate their account. You may stop using the services at any time, but we will continue to bill you until you terminate your account or the services in accordance with this provision. You may cancel your account or any services by:
If you subscribe to a Term Service that you cancel before the end of its Term, you will be charged an early cancellation fee as described in the service agreement for that Term Service ("Early Cancellation Fee").
Transferring your service(s) to another service provider is a cancellation of the applicable Service(s) and an Early Cancellation Fee may apply if the transfer results in the cancellation of a Term Service before the end of its Term. Any Service remaining on your account may be removed and/or transferred to a comparable Service plan if the Service or pricing becomes unavailable as a result of the transfer.
Not applicable to Residents of Newfoundland* or Residents of Quebec** : we may cancel any or all of your Services or accounts and any corresponding Agreement, as long as we give you at least thirty (30) days prior written notice or once the account is at least seven (7) days past due. Applicable charges continue until the cancellation date.
Applicable only to Residents of Newfoundland* or Residents of Quebec** : Unless otherwise permitted by applicable law, we may cancel any or all of your Services or accounts and any corresponding Agreement, as long as we give you at least sixty (60) days prior written notice.
If you have subscribed to a Term Service, then we may cancel that Service :
applicable only to Residents of Newfoundland* : only if we no longer have the technical ability to provide that Term Service, or
applicable only to Residents of Quebec** : only pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Quebec. Applicable charges continue until the cancellation date.
Applicable only to Residents of Newfoundland* : if your account has a credit balance over
Terminations by Us. We may, in our sole discretion, suspend, restrict or terminate your services or your account, effective at any time, without notice to you, for any reason, including :
We may restrict, suspend, block, disconnect or cancel any or all of your Services, Equipment, accounts or identifiers in any way, including 9-1-1 service, without notice or liability to you, if :
If we restrict, suspend, block, disconnect or cancel your Services or accounts :
Certain provisions of these terms may still apply as they may still be relevant even after cancellation of your services.
You will receive separate bills for each account renewal date (if there are multiple services renewing on a single date : they should appear on the same invoice). Service charges will start on the Activation Date and are billed in advance. Unless we both agree to a different arrangement, your billing period runs for one month, and ends on the bill date noted on your bill. Your Activation Date and billing period won't always start on the same day. When this happens, your Service charges and allotted usage are pro-rated for the period between your Activation Date and your bill date. Usage charges, such as additional data, airtime, long distance, movie or event purchases and roaming are billed after you use them. We may bill you for a charge up to six (6) months from the date the charge was incurred.
Charges on your account are due and payable in full from the date of your bill. If you are paying by mail or through a financial institution, please allow adequate time for your payment to reach us before the required payment date. You are responsible for all charges on your account.
If we do not receive payment of an amount due on your account by the specified required payment date, it will be subject to a late payment charge of two percent (2%) per month. This late payment charge will accrue on a daily basis and will be calculated and compounded monthly on the outstanding amount (26.82% per year) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on any pre-authorized payment method on your account (e.g., a credit card or bank account withdrawal).
We may apply administrative charges in connection with your account, including as a result of the following :
Not applicable to Residents of Quebec** :
Any questions or discrepancies regarding charges must be reported to us within ninety (90) days of the date of the applicable bill. Failure to notify us within this time period means that you have accepted those charges. If any of those discrepancies resulted in unauthorized or incorrect charges on your account, then we will reverse those charges within thirty (30) days of receiving notice from you.
We will apply a discount, promotion or benefit to your account as long as you remain eligible for it. We may check your eligibility from time to time, and if you become ineligible to receive that discount, promotion or benefit for any reason, we may remove it, and/or transfer your Service to a comparable Service plan.
Local and long distance airtime charges are rounded up to the next full minute. A one-minute minimum charge applies to every completed call (made or received). The airtime for the entire call is charged based on the applicable rate at the beginning of the call. Airtime charges (plus long distance, if applicable) apply to completed or answered calls from the moment you press SEND until you press END and includes the ring time. For international calls or while roaming, you may be charged regardless of whether the call is completed.
Mobile local calling areas are the areas in which you can make or receive calls without incurring long distance charges. Mobile calls are defined as local or long distance based on local calling areas. Your location at the time of the call, your mobile phone number and the phone number called are all important factors in determining local calling areas and mobile long distance. Your "Incoming Local Calling Area" is based on the geographical location associated with your mobile number. All calls that you receive while you are in your Incoming Local Calling Area are local. All calls that you receive while you are outside your Incoming Local Calling Area are long distance. Your "Outgoing Local Calling Area" is determined by your physical location. If you dial a number that is local to your physical location, then it is a local call.
If you dial a number that is long distance to your physical location, then it is a long distance call. When using Call Forwarding, long distance charges apply when the number to which you forward the call is outside the geographical location associated with your mobile number, regardless of your physical location. Visit UNMETERED.Tel for current long distance rates.
Reassign or transfer an of an active service agreement will require prior credit approval. We may assign or transfer an Agreement or any of our rights or responsibilities under an Agreement without your permission.
Yes, we may require a security deposit or impose other payment or credit requirements such as interim payments, mandatory prepayments, or preauthorized payments.
Any security deposit you provide to us will be kept for at least twelve (12) months, unless your Services are cancelled sooner. After twelve (12) months, we may release and apply the security deposit against your account balance if we determine that your payment history has been satisfactory or that you have otherwise met our financial criteria for the return of the security deposit. We may apply your security deposit toward your account if you do not pay your bill and we may require you to replenish the security deposit after use. We will notify you when we apply all or part of any security deposit. We will return to you any security deposit with applicable interest within thirty (30) days of cancellation of your services or once we have determined that the conditions for returning the security deposit have been met.
Yes, you will earn interest on your security deposit with us, using the Bank of Canada's overnight rate in effect at the time, plus 1 percent, on the basis of the actual number of days in a year, accruing on a monthly basis. Interest is earned starting from the date we collect a security deposit from you (but no earlier than required under applicable legislation or regulation) until the date we return it to you.
Upon notice to you, we may assign or change a credit limit on your account at any time. Service may be suspended at any time to any and all of your accounts if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of services.
Equipment that you purchase from us is new when available otherwise refurbished, unless otherwise indicated. Equipment that you rent from us is refurbished, unless otherwise indicated, And is based on availability. If you have purchased Equipment from us and Have received a subsidy on that Equipment resulting in a charge ofÂ $0, please note that Equipment has been provided to you as a subsidized good and not a free good.
You may upgrade your Equipment if your equipment is still being offered by our network by contacting us in any of the ways set out on http://unmetered.io. You may be subject to an administrative charge equal to the price of the new equipment minus old equipment current retail value. If, in connection with your Equipment upgrade, you are subscribing to a new Term and cancelling a previous Term early, you will be charged an Early Cancellation Fee. Please note that if you wish to upgrade your Equipment, you may also be required to change to a Service that is currently available in market. Also please note that any Service or Equipment you remove may no longer Be available.
For mobile Services : your mobile device is not locked to our network. If your mobile device is or becomes locked to our network, please contact us and we will provide you with the means to unlock it at no charge. Please note that for the first 90 days following the Activation Date, if you are roaming off our network, your service will be restricted from placing outgoing calls to destinations other than those that have a North American area code (including Canada and the USA) and the destination at which you are located while placing the call (not applicable to prepaid service).
For home Services : purchased and rental equipment are to be used only with our services at the service address identified on your account. If you attempt to tamper with any equipment, it may become permanently unusable and may violate the software licence agreement for that equipment.
Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g., 9-1-1 services). Those requirements may change from time to time without notice and you are responsible for updating or maintaining your Equipment and software as necessary to meet those requirements. We may provide software updates for the Equipment for the continued operation of the Services or the Equipment. Likewise, from time to time we may have to modify or remove previous software features in order to introduce new features to ensure that the Equipment remains compatible with technological advancements. If your Equipment or software is not up to date, we may not be able to provide you with applicable customer support.
You are solely responsible for :
Except for Equipment that you have purchased, all Equipment we install or provide to you remains our property. For all Equipment we own, you must :
If our Equipment is lost, damaged, stolen, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you must immediately notify us. You agree to pay us the undiscounted retail value of that Equipment, together with any costs we incur in seeking possession of it.
All IP addresses assigned to customers remain the sole property of us and can only be used within the us networks on active services. In the event of service termination, the IPs will be reclaimed and reused by us.
We will not allocate IPs to customers unless there is a technical need for IP addresses. In the event a customer requests additional IP(s) and we determine there is a reasonable method of avoiding using additional IP(s), the IP request will be denied.
We are required to provide customer reassignment information for all IP addresses, and does so via publishing publicly viewable ‘rwhois’ records. Details provided by customers during the IP address request process may be shared privately with ARIN / RIPE when needed to demonstrate our adherence to policies of efficient utilization.
You can check your usage balance by logging into the ClientArea then clicking on the service account for details.
No. Deposits into your account for prepaid mobile Services are non-refundable
If your prepaid mobile account balance remains at zero (
We will deduct a 9-1-1 Emergency Access Fee (non-government fee) for the provision of access to 9-1-1 service and any applicable 9-1-1 provincial government fee, once per month from your prepaid mobile account (there is no airtime charge for calls made from your mobile device to 9-1-1).
The Equipment may be covered by a manufacturer's or other warranty. Please see the materials accompanying your Equipment for warranty information and details, including coverage, duration and how you may make a claim under the warranty. There may also be optional Equipment protection programs made available to you from time to time.
The Services provided may be impacted by factors beyond our reasonable control. For this reason, you acknowledge and understand that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly or at all in the following circumstances :
To the maximum extent permitted by applicable law :
Not applicable to Residents of Quebec**:
Unless otherwise specifically set out in an Agreement, to the maximum extent permitted by applicable law, and except towards Residents of Quebec** for damages resulting from UNMETERED ClearingHouse's own act, we will not be liable to you or to any third party for :