Subject to change without notice.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
1. License to Use Website
1.1. Unless otherwise stated, Sunwire Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
1.2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
1.3. You must not:
1.4. Where content is specifically made available for redistribution, it may only be redistributed within the specified parameters.
2.1. By using Sunwire’s website and/or Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use Sunwire’s website and/or Services.
3. Website Restricted Access
3.1. Access to certain areas of this website are restricted. Sunwire Inc. reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at its sole discretion.
3.2. If Sunwire Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
3.3. Sunwire Inc. may disable your user ID and password in its sole discretion without notice or explanation.
4. User Content
4.1. In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
4.2. You grant to Sunwire Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Sunwire the right to sub-license these rights, and the right to bring an action for infringement of these rights.
4.3. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Sunwire Inc. or a third party (in each case under any applicable law).
4.4. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4.5. Sunwire Inc. reserves the right to edit or remove any material submitted to this website, or stored on Sunwire’s servers, or hosted or published upon this website.
4.6. Notwithstanding Sunwire’s rights under these terms and conditions in relation to user content, Sunwire does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
5. Subscription and Registration
5.1. 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.
5.2. All fees associated with setup, activation, installation, and maintenance are non-refundable.
5.3. A copy of two pieces of government-issued identification is required for any loaned or rented equipment.
6. Billing and Payment Terms
6.1. Any new or additional services are subject to a full first-month upfront payment, plus any additional one-time costs and applicable taxes before the order is processed, regardless of any current subscriptions, balance owing, or credit due.
6.2. 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 a specified day of that month.
6.3. Installation fee and first payment are due upon install scheduling.
6.4. Credit card information will be stored in order to process monthly recurring charges associated with your Sunwire Account.
7. Termination of Services
7.1. 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.
7.2. All rental or loaned equipment remains the property of Sunwire Inc. and must be returned immediately upon disconnection of services or request. It is the customer's responsibility to ensure the Sunwire rental or loaned equipment is returned to Sunwire at the closest physical office location. 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.
7.3. 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.
8. Account Discrepancies
8.1. 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.
8.2. Services that have been suspended due to non-payment can take up to 48 hours to restore once payment has been made.
8.3. If services are suspended or disconnected, a setup fee may apply to reactivate or reconnect. Promotional offers will be void.
8.4. The NSF fee is $15.00 per instance for direct bank withdrawals that could not be processed for any reason.
8.5. 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 requests the cancellation or disconnection of the services provided.
8.6. If there is an accumulation of NSFs or Late Payment Charges on any account (2 or more within the last 12 months), the account can be labeled as high risk and can be suspended immediately following any additional failed payments. The account will also be scheduled to be disconnected by the end of the current calendar month. If payment is received before the end of the current calendar month the disconnection request will be cancelled.
8.6.1. Any account that is disconnected due to non-payment must be paid in full before any consideration will be made in providing another opportunity to open an account with Sunwire. Once paid, the account will undergo a thorough review which can take up to 2 business days to complete. Once complete a decision will be made to either allow or not allow the opportunity to open an account. If the decision is to not allow, the client will no longer be able to get Sunwire services now or in the future. If the decision is to allow the account to open, we will require the first month of services, any equipment or connections charges, as well as a $20 reconnection administration fee to be paid in advance which must be scheduled and processed successfully from the automatic payment method on file. If that payment fails the reconnection process will be aborted and the account will no longer be able to get Sunwire services now or in the future. If the reconnection is successful the account will be labeled as high risk and will be suspended immediately following any failed payments. The account will also be scheduled to be disconnected by the end of the current calendar month. If payment is received before the end of the current calendar month the disconnection request will be cancelled. There shall be no more than 1 additional opportunity to reconnect an account that was disconnected due to non-payment.
8.7. 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 collection agency.
8.8. 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 collection 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 collection agency. It is the responsibility of the customer to consult directly with the collection agency in regards to payment on delinquent accounts. No payments towards bad debt accounts will be received by Sunwire Inc.
8.9. The customer agrees to pay all charges and administrative fees incurred through the attempt to receive payment for unpaid balances.
9. Service Disputes
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
10. Service Limitations – Important Information about E911 Services
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. 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.
10.6. 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.
10.7. 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.
10.8. 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.
10.9. Liability: Customers are advised to review this section with respect to Sunwire’s limitations of liability.
10.9.1. 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.
10.9.2. Collect Calls: Sunwire does not currently offer collect calls.
10.9.3. Broadband Service Outage: The Customer acknowledges and understands that service outages by his or her broadband Internet service provider will prevent Sunwire services.
10.9.4. 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.
10.9.5. 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.
10.9.6. 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.
11.1. An upgrade or downgrade of services can take up to 10 business days to process.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. If purchasing phone service, a new number will be issued unless a request to keep existing number is given to a Sunwire representative. A copy of your latest phone bill indicating the number to port must be provided either in person, by email to email@example.com or by fax at 705-222-7304.
11.6. Use of residential class service is not for reselling or for serving content. A reasonable use policy is in effect.
11.7. It is strictly forbidden to resell, serve content over Sunwire services or offer any Sunwire service (residential or commercial) without proper licensing and authorization. Resale of Sunwire services is restricted to authorized dealers and clients who have purchased the SolSwitch multi-tenant license. Where authorization and licensing has been granted, resale of services must be in accordance with any license limitations and/or terms of the resale agreement.
12. Wi-Fi Service
12.1. The included Wi-Fi service is a complimentary feature enjoyed by clients that are using a Wi-Fi enabled modem provided by Sunwire. While the feature is reliable in most situations, it may not be suitable for every client in every environment. Should Wi-Fi troubles occur, our support team is available to assist and will make every effort to diagnose and resolve the problem. If it is determined that the issue is specific to Wi-Fi, a single replacement modem may be issued to ensure that it is not equipment related. If the problem cannot be resolved, our technicians will be able to suggest alternative options such as adding Wi-Fi extenders or purchasing a wireless router that will better suit the requirements. Unfortunately, we are unable to issue credits for Wi-Fi related issues as it is a complimentary service provided at no cost.
13. Download and Upload Speeds
13.1. Download and upload speeds may vary based on in home modem/router configuration, client device capability (computer, smartphone, tablet, smart tv, as well as software installed on these devices), building wiring, internet traffic and environmental conditions. "Up to" speeds can be reached when optimal conditions are met.
14.1. Any purchase that is not identified as a special order can be returned within 15 days if the returned item meets the following requirements: product must be in the same condition as it was in when purchased, and include all of its original packaging. Receipt must be provided if we are unable to find the transaction record. Any potential defective units must be addressed with the Warranty/RMA Process. If warranty process was initiated within the 15 day return window and the product was deemed defective, the unit can be exchanged or returned (Special Orders cannot be returned) and will be exempt from the restocking fee. A restocking fee of 20% of the original purchase price will be applied to any products purchased from Sunwire Inc. that are not identified as a Special Order and are returned within the 15 day return policy. Any purchase that is identified as a Special Order cannot be returned for refund and is exempt from the 15-day return policy.
15. Long Distance
15.1. Rates are subject to change without notice. International rates for calls to mobile phones may be different than those to landline phones. The account holder is responsible for all long distance calls and charges resulting from the use of Sunwire phone services. International calling is disabled by default unless requested to be enabled. Requesting to have International calling enabled means the account holder assumes responsibility for all future International calls. Sunwire does not support collect calling. Included local calling is limited to your local calling area. Any calls within North America are $0.03 per minute unless otherwise specified. An unlimited North America calling plan is available. Calls to Alaska, Hawaii, Northwest Territories, Yukon, and Nunavut are exempt from the North America calling rates and are subject to their own pricing (pricing can be reviewed alongside international rates on our website). Toll free rates are $0.05 per minute unless otherwise specified.
16. Reasonable and Acceptable use Policy – Website and My Account
16.1. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
16.2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
16.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Sunwire’s express written consent.
16.4. You must not use this website to transmit or send unsolicited commercial communications.
16.5. You must not use this website for any purposes related to marketing without Sunwire’s express written consent.
17. Reasonable and Acceptable use Policy – Telephone Services
17.1. Sunwire’s unlimited calling telephone plans and features are for a typical customers’ calling patterns and are not to exceed reasonable use. Reasonable use is measured by finding the average monthly call minutes of 95% of our clients. A customer’s monthly usage may be considered outside of reasonable use if their minutes usage exceeds the defined reasonable use average and/or if calls indicate excessive:
17.2. For residential plans, the expectation is that the service will be used for personal, and non-commercial use only. If the service is to be used for business purposes, the service must be ordered as a business service. If it’s determined after the initial install that a residential line is being used as a business line, an opportunity to migrate to one of our appropriate business services will be presented, if none of the options are desired, we will begin the disconnection process for that service.
17.3. Resale of the service is prohibited. We reserve the right to monitor all accounts and to take action including, but not limited to, immediate suspension and disconnection.
17.4. Best efforts will be made to reach out to the client if it is determined that the reasonable use policy has been violated. If it’s been determined that usage is considered not reasonable, we may provide the opportunity to correct the improper usage. If we provide the opportunity to correct unreasonable use, and reasonable use is not immediately observed, we may exercise our right to move the service to a more suitable plan, charge the rates for that plan, add additional limitations and/or suspend or terminate the service with or without notice.
17.5. Any illegal, fraudulent, improper or inappropriate use is prohibited. If we suspect that the service has been used for illegal purposes, we may immediately terminate the service with or without notice and/or forward the applicable communication and other information to the appropriate authorities to investigate and prosecute. We reserve all of our legal rights.
18. Reasonable and Acceptable use Policy – Internet Services
18.1. Internet usage should be considered reasonable and acceptable at all times. Reasonable and acceptable Internet use is usage that’s within the breadth of your service plan, is not in breach of any prohibited actions and is not an unreasonable burden on the Sunwire network.
18.2. For residential plans, the expectation is that the service will be used for personal, and non-commercial use only. If the service is to be used for business purposes, the service must be ordered as a business service. If it’s determined after the initial install that a residential connection is being used for business purposes, an opportunity to migrate to one of our appropriate business services will be presented, if none of the options are desired, we will begin the disconnection process for that service.
18.3. The following actions are considered prohibitied:
18.4. If we suspect that the service has been used for illegal purposes, we may immediately terminate the service with or without notice and/or forward the applicable communication and other information to the appropriate authorities to investigate and prosecute. We reserve all of our legal rights.
19. Reasonable and Acceptable Use Policy - Television Services
19.1. Sunwire delivers its TV services over a private Internet connection. At minimum, customers are required to include a “basic” package in their subscription.
19.2. TV services are only authorized for active Sunwire Internet customers. Sunwire TV must only be used at the address associated with the Sunwire Internet connection.
19.3. Sunwire TV services require a Sunwire set-top box (STB).
19.4. We cannot guarantee that Sunwire’s universal remote will be compatible with all TV sets.
19.5. Changes to subscription-based programming selections can be made at any time as long as changes remain in effect for a minimum 30-day period. Following the 30-day period after a change in subscription programming, customers may once again change their subscription at any time.
19.6. All programming is provided on a “Subject to Availability” basis. Certain programs provided by networks, often sports events, may be “blacked out” in certain regions due to copyright or licensing reasons.
19.7. Sunwire TV relies on your internet connection to deliver the TV programming feeds. Each Sunwire TV stream uses approximately 6 Mbps of data.
19.8. You understand and acknowledge that your rights with respect to the Content, Service and Software are limited by copyright law and other intellectual property laws.
19.9. Additional Usage Rules:
19.9.1. You will not use the Service or Content for any unlawful purpose.
19.9.2. You may not use the Service or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Service and/or Content or use the Service and/or Content for any other purpose other than your personal, private, noncommercial purposes.
19.9.3. You agree not to, intentionally or otherwise, damage, overburden, impair or disable the Service and/or Content.
19.9.4. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Service and/or Content, or other features that prevent or restrict the use or reproduction of any content accessible through the Service.
19.9.5. You agree that you will not attempt to gain unauthorized access to the Service and/or Content or any computer system or networks connected to the Service and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Service and/or Content.
19.9.6. You agree not to modify, adapt, translate or create derivative works based on the Service or any part thereof.
20.1. 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.
20.2. Advice or consultation provided by Sunwire Inc., its staff, sales agents, contractors, affiliated individuals and organizations, does not create a warranty.
20.3. 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.
20.4. 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.
20.5. Sunwire Inc. reserves the right to refuse to publish any web site that it perceives to be offensive.
20.6. 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.
21. Unenforceable Provisions
21.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22. Breaches of these Terms and Conditions
22.1. Without prejudice to Sunwire Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Sunwire Inc. may take such action as Sunwire deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, disable services and/or bringing court proceedings against you.
23.1. Sunwire Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.