Terms & Conditions

October 18, 2016 - Sunwire terms and conditions are subject to change without notice

1. Subscription and Registration

1.1. All customers agree that the mailing address and contact information provided to Sunwire are accurate and understand that failure to provide or update this information will result in the termination of services without notice.

1.2. All fees associated with setup, activation, installation, and maintenance are non-refundable.

1.3. A copy of two pieces of government-issued identification is required for any loaned or rented equipment.

2. Billing & Payment Terms

2.1. Any new or additional services are subject to a payment equal the prorated amount for the current month, plus any additional one-time costs and applicable taxes before the order is processed, regardless of any current subscriptions, balance owing, or credit due.

2.2. All residential services must have a pre-authorized payment method. A statement or invoice will be sent on the 1st day of each month. The amount due will automatically be debited from the credit card or bank account on the 15th day of that month.

3. Termination of Services

3.1. It is the responsibility of the customer to notify Sunwire Inc. directly of any account changes or cancellation requests. Failure to do so may result in invoicing and automatic account transactions for which Sunwire Inc. will not be held accountable. Customers will not be reimbursed for services not used.

3.2. All rental or loaned equipment remains the property of Sunwire Inc. and must be returned immediately upon disconnection of services or request. If the equipment is not returned a replacement charge for each unit will be applied against the customer’s account and processed through their payment method, credit card or bank withdrawal, after 30 days of disconnection.

3.3. Termination of services does not release the customer of any obligation to pay services to the point of cancellation according through their preferred payment method.

4. Account Discrepancies

4.1. All payments are due on their due date; late payments will result in a 2% late fee against any past due balance per month plus a $20 administrative fee.

4.2. Services that have been suspended due to non-payment can take up to 48 hours to restore once payment has been made.

4.3. If services are suspended or disconnected, a setup fee may apply to reactivate or reconnect. Promotional offers will be void.

4.4. The NSF fee is $15.00 per instance for direct bank withdrawals that could not be processed for any reason.

4.5. Any account which a payment returns NSF or remains in a past due status for whatever reason will be suspended and or disconnected without notice until the outstanding balance is paid in full. Regular service invoicing will continue under suspension status and will only be terminated if the client explicitly request the cancellation or disconnection of the services provided.

4.6. If there is an accumulation of NSFs on any account (2 or more), the customer will be required to prepay 3 months in cash and maintain that balance.

4.7. If an account that has gone NSF remains unpaid for a period of 10 business days, the cost of any rental equipment will be added to the outstanding balance of the account and referred to a collections agency.

4.8. Sunwire Inc. reserves the right and at its sole discretion to refer any account to a collections agency where there exists an unpaid balance. All accounts that are referred to a collections agency are subject to a $20.00 administration fee. A $20.00 administration fee will be applied for any adjustments made to the outstanding balance that has been referred to the collections agency. It is the responsibility of the customer to consult directly with the collections agency in regards to payment on delinquent accounts. No payments towards bad debt accounts will be received by Sunwire Inc.

4.9. The customer agrees to pay all charges and administrative fees incurred through the attempt to receive payment for unpaid balances.

5. Service Disputes

5.1. We offer a 14-day money back guarantee on all services and equipment. This does not include any setup or shipping fees. A restocking fee may apply.

5.2. Customers who experience an interruption in service must make their request in writing for compensation. The credit will be directly related to the service itself and will not reflect any dependencies. Sunwire will not be held liable for any lost revenues or third party invoicing due to a service outage.

5.3. No credit will be provided due to computer failures, suspensions arising from NSFs, non-payment of overdue accounts, or for services not used. No credit will be granted due to failure in acquiring any equipment relating to our services. No credit will be automatically granted due to technical issues. Sunwire Inc. reserves the right to refuse any request for compensation.

5.4. Any billing discrepancies or adjustments must be claimed within 30 days from which the services are invoiced. No invoicing will be adjusted after 30 days of the invoice date.

6. Legal

6.1. The customer assumes full responsibility for the risk and use of any services provided by Sunwire Inc. We do not control or limit third party information and Sunwire Inc. will not be held liable for any damages or information acquired through the communications media that we provide.

6.2. Advice or consultation provided by Sunwire Inc., its staff, sales agents, contractors, affiliated individuals and organizations, does not create a warranty.

6.3. If you have subscribed to Sunwire's residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, auto-dialling, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Sunwire Inc. in advance. We reserve the right to immediately terminate or modify the Service, if Sunwire determines, in its sole discretion, that the Customer's Service is being used for non-residential or commercial use.

6.4. Any web site that upon discovery is determined to contravene the Criminal Code of Canada or the Charter of Rights and Freedoms will not be published and its authors will be immediately reported to the appropriate police agency.

6.5. Sunwire Inc. reserves the right to refuse to publish any web site that it perceives to be offensive.

6.6. Any customer who subscribes to a telephone service acknowledges the following limitations of the service. 911 calls will not be completed if there are power or internet outages and subsequently will not hold Sunwire liable for the completion of such calls.

7. Service Limitations - Important Information about E911 Services

7.1. Description: VoIP services allow customers to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.

7.2. Differences to Traditional Telephone Service: Because of the unique nature of VoIP telephone calls, emergency calls to 911 through Sunwire will be handled differently than traditional telephone services. The following provisions describe the differences and limitations of 911 emergency calls, and the Customer hereby acknowledges and understands that the Sunwire service is not a traditional telephone service. There are important differences between traditional 911 telephone services and the services provided by Sunwire as set out in these Terms and Conditions. Customers must review the section below in its entirety.

7.3. Placing 911 Calls:If the customer makes a 911 emergency call, Sunwire will attempt to automatically route the customer's 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the customer's address of record on his or her account. However, due to the limitations of the VoIP telephone services, the customer's 911 call may be routed to a different location than that which would be used for traditional 911 dialing. For example, the customer's call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 911 emergency call which has automatically generated the customer's address information. Consequently, the VoIP customer will be required to provide his or her name, address, and telephone number to the call centre operator.

7.4. How your Information is Provided: Sunwire will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the customer's account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the customer's name, phone number or physical location. Therefore, when making a 911 emergency call, the customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information. If the customer is unable to speak, the dispatcher may not be able to locate him/her if the customer’s location information is not up to date. Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.

7.5. Correctness of Information: The customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with his or her account. If the customer does not correctly identify the actual location where he/she is located, or if the customer's account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

7.6. Disconnections: During the 9-1-1 call, the customer must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have the customer's number or contact information. If the customer is inadvertently disconnected, he/she must call back immediately.

7.7. For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to: if your service or your system (service) access equipment fails or is not configured correctly, if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, network or Internet outage in the event of a power; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls; changing locations — if you move your system access equipment to a location other than that described in the customer’s account information or otherwise on record with Sunwire.Therefore, it is strongly advised that backup power supply be made available, such as a UPS.

7.8. Inform other Users: The customer must ensure full understanding of the 9-1-1 Service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services aware of the nature and limitations of 911 emergency calls on the VoIP services as described herein.

7.9. Liability: Customers are advised to review this section with respect to Sunwire’s limitations of liability.

7.9.a. THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS SUNWIRE VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST SUNWIRE, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE SUNWIRE 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

7.9.b Collect Calls: Sunwire does not currently offer collect calls

7.9.c Broadband Service Outage: The Customer acknowledges and understands that service outages by his or her broadband Internet service provider will prevent Sunwire services.

7.9.d Loss of Service Due to Power Failure: The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a reset or reconfiguration of the equipment prior to restoration of the service.

7.9.e Service Outage Due to Suspension of a Customer's Account: The Customer acknowledges and understands that service outages due to the suspension of the account as a result of billing issues will prevent all service elements from operating.

7.9.f Other Service Outages: The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent all service, INCLUDING 9-1-1 SERVICE.

8. Miscellaneous

8.1. An upgrade or downgrade of services can take up to 10 business days to process.

8.2. A $10.00 porting fee may apply to subscribers who wish to transfer their telephone number over to Sunwire from their current provider. The process is not guaranteed and absolutely no credits will be applied due to any delays or rejections of these requests.

8.3. Telephone numbers are not listed in the directory by default. You must explicitly request this service. Consult with our office for the current rates and information.

8.4. Telephone services provided are supported to the point at which the respective lines enter the residence or commercial structure and a single telephone is capable of dialing out and receiving calls. Any maintenance services provided beyond that point may be subject to additional fees and may not be provided directly through Sunwire Inc.