TERMS & CONDITIONS
HOME CABLE, INTERNET & LANDLINE NEGOTIATION SERVICES
BUSINESS CABLE, INTERNET & LANDLINE NEGOTIATION SERVICES
You the Customer, referred to as “CLIENT”;
We, Time Brokers, referred to as “BROKER” and
Your current communications vendor (Shaw, Telus, Rogers, Virgin, etc.), referred to as “SERVICE PROVIDER”
1. CLIENT hereby agrees
To provide full legal name, phone number, valid email address and any other information indicated as required
BROKER will use the email address and phone number CLIENT provided as the primary method of communication
Upon completion of signing up for Service, CLIENT will be the sole contact for the purposes of the Terms of Service
Authorizes BROKER to obtain information for Services provided
Authorizes information to be used for the sole purpose of Services provided
Agrees that CLIENT can revoke consent of Account Authorization at any time through writing
2. CLIENT hereby agrees to engage BROKER with services (the “Services”) consisting of:
Negotiate account with SERVICE PROVIDER to get CLIENT the best discount possible.
Track CLIENT’s SERVICE PROVIDER account for potential discounts.
Perform and schedule continuing negotiations with SERVICE PROVIDER.
Support and administer SERVICE PROVIDER account.
Negotiate opportunities for services upgrades.
Negotiate opportunities for equipment upgrades.
3. The Services will also include any other tasks which the Parties may agree on. BROKER hereby agrees to provide such Services to the CLIENT.
TERM OF SERVICE
4. CLIENT hereby agrees the term of the Terms & Conditions will begin on the date CLIENT accepted Terms & Conditions and will remain in full force and effective indefinitely until terminated.
5. In the event that either Party wishes to terminate, either Party will be required to provide 30 days’ notice to other Party.
6. CLIENT agrees to submit Cancellation Form to cancel services.
7. Except as otherwise provided, the obligations of BROKER will end upon the termination of the Terms & Conditions.
PAYMENT OF FEES
8. For the services rendered by BROKER as required by the Terms & Conditions, CLIENT will provide payment (the “Payment”) to the BROKER as follows:
LIFETIME SERVICE: 1/3 of total savings secured by BROKER
9. The Payment will be payable, while the Terms & Conditions is in force, according to the following payment terms:
Payment Plan #1: Paid in full – CLIENT agrees to pay 1/3 of the savings secured by BROKER
Payment Plan #2: Paid in installments – CLIENT agrees to pay 1/2 of the savings secured by BROKER, divided into six equal payments (The minimum instalment payment is $20)
10. All fees are exclusive of applicable federal, provincial, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future.
11. BROKER hereby agrees to bill CLIENT in 30 day intervals.
12. BROKER hereby agrees to send an invoice to email address provided by CLIENT.
13. CLIENT hereby agrees the payment of fees is binding and failure to meet these terms will allow BROKER to take action.
14. CLIENT hereby agrees insufficient payments will incur a $22 administration fee, per occurrence.
15. CLIENT hereby agrees the BROKER is entitled to simple interest on late payment amounts until the date the payment is fully received, at the monthly rate equivalent to 2.22%.
16. CLIENT hereby agrees the BROKER is entitled to costs reasonably incurred and duly mitigated by the CLIENT (including costs of time spent by principals, employees and advisors) in obtaining payment of any sums due.
17. CLIENT hereby agrees that if payment is not received, BROKER is entitled to contact a third party debt collection service and apply an additional collection fee of 22.2% of total amount owing.
18. CLIENT hereby agrees the BROKERs entitlement to interest at the specified rate shall also apply in respect of any amounts that are awarded in adjudication, arbitration or legal proceedings.
19. Confidential information (the “Confidential Information”) refers to any data or information related to the CLIENT, which would reasonably be considered private or proprietary to the CLIENT and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the CLIENT.
20. Confidential information does not include information that:
Was in the public domain at the time BROKER received it.
Comes into the public domain after BROKER received it through no fault of BROKER.
BROKER received from someone other than CLIENT without breach of Confidentiality.
BROKER is required by law to disclose.
21. The BROKER agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the BROKER has obtained, except as authorized by the CLIENT.
22. All written and oral information and material disclosed or provided by the CLIENT to the BROKER is Confidential Information regardless of how it was provided to the BROKER.
23. CLIENT agrees the terms and conditions shall not be disclosed to any third parties without the prior written consent from BROKER.
24. CLIENT and BROKER acknowledge that each Party may be exposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to their parties.
25. This obligation will survive indefinitely upon termination of the Terms & Conditions.
26. CLIENT EXPRESSLY UNDERSTAND AND AGREES THAT BROKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
27. EACH PARTY WILL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY, AS PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, PUNITIVE DAMAGES, EXPENSES, REASONABLE LEGAL FEES AND COSTS OF ANY KIND OR AMOUNT WHATSOEVER TO THE EXTENT THAT ANY OF THE FOREGOING IS DIRECTLY OR PROXIMATELY CAUSED BY THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNIFYING PARTY OR ITS AGENTS OR REPRESENTATIVES AND WHICH RESULT FROM OR ARISE OUT OF THE INDEMNIFYING PARTY’S PARTICIPATION IN THESE TERMS AND CONDITIONS.
28. This indemnification will survive the termination of the Terms & Conditions.
29. In the event a dispute arises out of or in connection with, the Parties will attempt to resolve the dispute through friendly consultation.
30. If the dispute is not resolved within a reasonable period than any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Province of British Columbia. The arbitrator’s award will be final, and judgement may be entered upon it by any court having jurisdiction within the Province of British Columbia, Canada.
MODIFICATION OF TERMS & CONDITIONS
31. CLIENT acknowledges and agrees that BROKER may amend these Terms & Conditions at any time.
32. CLIENT acknowledges and agrees the continued use of services by BROKER after the amended Terms & Conditions are provided constitutes CLIENT’s agreement and acceptance of, the amended Terms & Conditions.
33. CLIENT acknowledges that if CLIENT does not agree to any changes to the Terms & Conditions, CLIENT will discontinue use of BROKER’s Services.
34. Any amendment or modification of the Terms & Conditions or additional obligation assumed by either Party in connection will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.