Terms and Conditions

1. General

  1. “You” and “Your” includes an applicant, customer, individual, corporation or other type(s) of legal entity which has subscribed for Services
  2. “We” “Linkcom” means Linkcom Inc. or any of its subsidiaries or affiliates.
  3. “Equipment(s)” means any device, equipment or hardware used to access the services, or used in conjunction with the Services, including any modem, ATA, analog/digital phone or other hardware purchased or rented by customer from Linkcom Inc.
  4. “Service(s)” or “The Service(s)” means the services purchased by you from Linkcom Inc., as set out in this terms and conditions.

2. Service(s)

  1. Service Limitations, Performance and Availability
    • LINKCOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) CAN BE INSTALLED AT YOUR LOCATION, or that the installation will occur according to schedule, even if your order has been accepted by Linkcom. The availabilities depend on the local facilities and corresponding carrier(s) (listed but not limited to Bell, Rogers or Cogeco). The actual speed to be installed is dependent upon the on-premise condition, and the decision of technicians. Linkcom does not have any obligation in case that the installation of the Service(s) fails for any reason.
    • Linkcom does not warrant or guarantee that the Service(s) or the provided Equipment(s) will be compatible to your own equipment, or the equipment(s) and/or service(s) offered to you by third-parties. It is your responsibility to ensure that your existing service, software, or equipment is compatible with the Service(s) provided by Linkcom.
    • LINKCOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE. Interruptions might happen under these circumstances, which includes but not limited to: scheduled maintenance, server upgrades, power outage, construction, malicious network attacks or force majeure. By using the Service(s) provided by Linkcom, you assume all risks associated with the use of the Service(s) under any high-risk conditions, in which damage or injury may result if error occurs.
      Linkcom does not warrant or guarantee that its Service(s), software, or Equipment(s) will perform at a particular speed, bandwidth, or data throughput rate. In addition, LINKCOM DOES NOT GUARANTEE THE WIRELESS(WI-FI) SPEED, COVERAGE, OR PERFORMANCE. All Service(s) is provided on a Best Efforts Basis. The quality of services is dependent on numerous factors, some of which are beyond our control, including but not limited to: signal interference, equipment failure, exposure to elements, the distance from the customer to our network equipment, the usage by other customers in that geographic area. Internet speed may also be affected by traffic management practices, if any, that are applied to the service. All Service(s) is provided on a Best Efforts Basis.
  2. Service change
    • The Service(s) may be changed and/or moved, provided that you request for such change, and the costs are covered by you, which may include any downgrading, upgrading, moving fee and other costs necessary to complete the request. You will be informed of the costs before any such changing/moving request is finalized. Note that for any such changing request(s), it is always subjected to availability checks, and it may be rejected by Linkcom because of service availability or reliability.
    • Linkcom reserves the right to make change to, move/relocate your Service(s) and/or modify your account, at its sole discretion, without your consent, under the following conditions without limitations (you are not required to pay for such changes, unless there is a breach of terms):
      1. Service availability changes
      2. Service reliability changes and physical line degradation
      3. Discrepancy between your service address and actual address
      4. Discrepancy between your address type and actual address type
      5. Others, as outlined within Section 10 of this agreement

3. Charges, Payment and Credit

  • Linkcom Services are pre-paid, and customers are required to pay prior to the commencement of the billing cycle of the Services subscribed for. Linkcom Services are charged by the billing cycle of every thirty (30) calendar days.
  • As adjusted by Linkcom hereunder, the authorized billing will be charged fourteen (14) days prior to the due date of next invoice. All invoices not contested in writing within twenty-five (25) business days of receipt are deemed accepted by the customer as true and accurate.
  • Linkcom’s default billing is paperless invoice; an email will be sent every billing cycle when the invoice is generated. If Customers requests a hardcopy of the invoice by mail, it will be subjected to an additional charge of $3.5 plus tax per invoice.
  • If we do not receive a payment of the amount due on your account by the specified required payment date, it will be subjected to a late payment charge of 3.5% or $2 to your regular bill per month, whichever is higher. This late payment charge will accrue on a daily basis and will be calculated and compounded monthly on the outstanding amount 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).
  • The first recurring payment for Service(s) is due on the first day of the billing cycle. Residential accounts are required to be paid through automatic payments such as credit cards, or to be paid manually with debit cards through online banking. You shall pay in full all applicable monthly service rates, equipment rental/purchase fees, installation fees, monthly recurring fees, shipping fee, and other amounts, fees and charges, if any, together with all applicable taxes, noted in these terms or identified to you when you subscribe for our services, purchase or rent equipment, or as otherwise identified to you by Linkcom from time to time. Linkcom will bill you monthly in advance, and you are liable for and shall pay Linkcom inc. when due, on a monthly basis on all invoiced charges.
  • If customer requests extra service or changes that requires additional human capital, then we may apply an additional service processing fee. Any residential account that is 15 days past due will be suspended until payment has been received in full. If an account has been suspended due to non-payment, no credit will be issued for the days without service. If service is suspended due to non-payment, there will be an extra $10 plus tax restoration fee to resume your service. Accounts more than 20 days past due will be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee where applicable.
  • You must bring payment inquiries and disputes to Linkcom’s attention within 10 days after the charge for the Service has been paid, or you will be deemed to have accepted such charges as accurate in all respects.
  • Linkcom Inc. only begin counting credits by day(s) from when you call in, to the date that your internet issue is fixed. Any and all credit given to you by Linkcom will be applied as service credit, which can only be used in the Service(s) that Linkcom Inc. provides. This credit cannot be cashed out, refunded to credit card or used otherwise.

4. Chargeback

  • Chargeback is a request that the customer files directly with an issuing bank to reverse or invalidate a processed payment. A chargeback is typically caused when a customer disputes a charge that appears on their bill. When you chargeback through issuing bank, Linkcom will cooperate with your issuing bank for the chargeback investigation. Linkcom Inc. reserves the right to suspend or terminate any Service(s) or activities under your account until the case has been resolved between bank(s) and Linkcom. Linkcom Inc. reserve the right to charge a portion of the charge back processing fee.

5. Equipment

“Equipment” means any device, equipment or hardware used to access the service(s), or used in conjunction with the Service(s), including any modem or other hardware purchased or rented from Linkcom.

Except for the Equipment that you have fully paid for, all equipment installed or provided by us remains our property and you agree that:

  1. You will take reasonable care with your own equipment.
  2. You may not sell, lease, mortgage, transfer, assign or encumber your own equipment.
  3. You may not re-locate your own equipment without our knowledge and permission.
  4. You will return equipment to us at your own expense upon termination of the services to which the Equipment relates.

If such Equipment is lost, stolen, tampered or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned within fourteen (14) days of the cancellation date regarding your Service(s), you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us seeking possession of such Equipment. If your Equipment is lost, stolen or destroyed, you must immediately notify us by contacting our Customer Support.

If you have sold, leased, moved, transferred, assigned, or acted otherwise which causes the equipment to be relocated other than the original installation location, or to be used for a different service provider, the modem warranty is void and cannot be transferred to the next location or service.

If you choose to cancel your service while the equipment was under renting condition, the rental equipment must be returned to Linkcom Inc. The security deposit will only be refunded, if the returned rental equipment is in good working condition subject to normal wear and tear.

You can choose to purchase the renting equipment by paying the full listed price. The security deposit may be applied in consideration to the calculation of full cost of the equipment.

  • Equipment Repair or Replacement
    • Linkcom will repair or replace any defective modem purchased by you, and/or any defective modem or router purchased by you from Linkcom, for a period of one year from the date of your receipt of such Equipment. Linkcom reserves the right to make updates to, extend and/or modify the length of this warranty, based on the details of the promotion agreed between parties upon registration of Service(s). In addition, all warranties expire once customer’s service is cancelled or terminated. You can notify us by phone if you have an issue with your modem (the “Returned Equipment”). Once obtaining a permission from us, you can ship your Returned Equipment to us for examination and repair, with your ID number. This process can take up to two weeks, and is as follows:
      1. You need to ship the Returned Equipment, packaged in bubble packaging in the case of the modem, and in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories), in the case of modems, to Linkcom at your own cost. Once received, we will test the Returned Equipment.
      2. If the issue arose due to physical damage which Linkcom reasonably determines whether it was caused by you. We will notify you and give you the opportunity to purchase or rent a replacement modem or router. You will be charged for the Replacement Equipment, including shipping.
      3. If the Returned Equipment is in fact determined by Linkcom to be defective, we will ship the Replacement Equipment to you, and you will need to send the Returned Equipment to Linkcom at your own cost.
      4. If there are no issues found with the Returned Equipment, and they work under our test conditions, we will charge 30 dollars as restocking fees.
      5. Linkcom reserves the right to charge device fees if equipment(s) are not received within 21 days after receiving return confirmation.
  • Once you have notified us by phone, and assuming we have not been able to find a resolution through troubleshooting your issue by normal means of communication with you, you can elect to have us immediately ship you a Replacement Equipment before we have received or tested your Returned Equipment. In this way you can continue to enjoy your service without prolonged interruption during the return and review process which can take up to two weeks. In this case the following applies:
    1. After you have notified us by phone that you have an issue with your Returned Equipment, we will immediately ship you the Replacement Equipment, and charge your account for the cost of the Replacement Equipment and shipping. This amount will be refundable as provided below.
    2. You will be required to ship the Returned Equipment to Linkcom at your cost, and upon receipt we will test the Returned Equipment.
    3. If the issue arose due to physical damage, which Linkcom reasonably determines that it was caused by you, we will notify you and do nothing further. You will be able to keep the Replacement Equipment, which will be considered as bought and paid by you.
    4. If the Returned Equipment is in fact determined by Linkcom to be defective, we will fully refund you the amount charged.
    5. If there are no issues with the returned equipment, and it works under our test conditions, we will keep the Returned Equipment and refund you the cost of the Replacement Equipment minus the restocking fee of $30.
  • The one-year period referred to above shall apply from the commencement date of Service(s), including both the original Equipment(s) purchased, and any Replacement Equipment(s), so that this provision shall not apply beyond the end of the first year following the purchase of the original Equipment.

Please note that if you make a change to the shipment address for the Equipment, after you have signed up and we have shipped the Equipment, which may result in the need to reship the Equipment, there will be an added $10 cost for this re-shipment.

  • Your Equipment

It is your responsibility to ensure that your hardware meets the minimum requirements stated by Linkcom as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.

6. Promotion

  • Any promotion or offering involving a discounting of the price of any of the Services (in each case a “Promotion”) commences upon the initial receipt of the Service or Services by our customer and end on the last day of the period stipulated with respect to that Promotion. The customer will be billed for the relevant Service(s) at the regular price for such Service as set out by Linkcom or as otherwise communicated to the customer. It is understood and agreed that unless it is specified to the contrary, a promotion is available for a limited time only and may be changed or terminated at Linkcom’s discretion, although such change or termination shall not affect the period of the Promotion for which a customer has already agreed to, under the premise that the customer is entitled to the benefits of the Promotion involved. For greater certainty this provision shall apply, at the sole discretion of Linkcom, to all promotions whether they are signed up for by the customer directly with Linkcom or through the Linkcom Inc’s distribution partners or agents.
  • Any promotion or offering involving a cash reward will be credited into customer’s billing balance, is to be deducted for future Service(s) charge and cannot be used otherwise. All the unused reward balance will be null on the cancellation date. This reward balance cannot be cashed out in any method during any time in service.
  • Linkcom reserves the rights to determine when the promotion will end. (Example: promotion price cannot be applied for customer(s) moving to another location or changing into a new plan)
  • Linkcom does not allow users to transfer their accounts to other people. Actions may be taken against your account if you violate the terms.
  • Linkcom reserves the right of final interpretation on all the terms of its promotion.

7. Trial and Return Policy

  • Linkcom offers a 7 days ‘Trial and Money Back Guarantee’ on its Internet Service(s), or IP Telephone Service(s).
  • The 7 days trial period (the “Trial Period”) starts from the date which the installation of your Internet Service has been successfully completed. The 7 days trial is counted by the days from your installation date, and not by any specific hours in which the installation took place. For any service time exceeds 6 days, it will be count up to 7 days.
  • The 7 days ‘Trial and Money Back Guarantee’ is only available once at a specific address in conjunction with the purchase of our fiber/cable modem, and/or ATA.
  • If you are not satisfied with your purchase and wish to cancel the service within the 7 days trial, your modem and monthly payment will be refunded upon the following terms, in addition to our existing policies:
    1. Linkcom receives the modem and any other equipment(s) to be returned.
    2. Customers are obligated to pay for the shipping fees including shipping back fee.
    3. Any installation fee already occurred is non-refundable.
    4. You may proceed to cancel by calling us within our business hours, Monday-Saturday, 9am-9pm.
  • Within the 7 days trial period, once you have called in to our Call Centre and spoke to an Agent and requested to cancel the service, Linkcom will refund you the cost within 30 business days after receiving your related documents and devices.
  • No other fees for services, shipping, installation, or Equipment, are refundable even within the 7 days trial period. Where Equipment is defective as determined by Linkcom and returned to Linkcom in accordance with our policy, the Equipment will be either repaired or exchanged at no cost, subject to the terms defined hereof.
  • For all returns and exchanges, you will be responsible for the Equipment properly replaced in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories). You will be responsible for the cost of any such missing item, which shall be charged to your account. Current costs for such items are: Modem router -$80, RJ11 Phone Line – $10, Splitter – $10, RJ45 cable- $5. Please note that you are responsible for all return shipping charges when returning Equipment or requesting a replacement.
  • You will receive an e-mail within thirty business days of us receiving your returned item(s), confirming receipt, and that the refund will be made to your credit card or bank account, where applicable.

8. Usage

  • The internet is a public network and as a result we do not warrant or guarantee that any communication, or use of our services, is secure or protected from interception by unauthorized individuals. Also, be aware that some content, products or services available on the internet may be offensive or may not comply with local laws. We do not attempt to censor, control or monitor any such content or activity and you must assume total responsibility and risk for using the internet.
  • Your Linkcom account is not transferable and is only to be used by the owner of household who is registered to use the account.
  • Any account names or network addresses that are assigned to you shall remain our property at all times.
  • The dynamic IP we provide is assigned to customers to access the internet via the service to be used only for residential or commercial purposes. Linkcom as an internet service provider does not have any obligations to provide a static IP.
  • In connection with your breach of any terms of this Agreement, we may terminate this agreement if you engage in one or more of the below prohibited activities.
  • Linkcom reserves the right to take appropriate actions if your usage is deemed non-residential, including notification, warning, modification, disconnection, or termination of your service(s).
  • If we determined that you have violated this agreement, we may:
    1. Issue a warning to you;
    2. Suspend your access to some or all features of the services;
    3. Terminate this Agreement;
  • You may not do any of the following:
    1. Access information which you are not authorized to access.
    2. Distribute copyrighted material which you are not authorized to distribute by the copyright holder.
    3. Distribute unsolicited bulk email (spam).
    4. Transmit data that is unlawful, harassing, abusive or defamatory.
    5. Knowingly transmit a virus, Trojan, malware or other harmful software program.
    6. Use our services in any way that would negatively affect our brand, goodwill or reputation;
    7. Abuse or violate the privacy of others.
    8. Abuse or fraudulently use the internet in any way.
  • Additionally, if significant damage and/or any legal issues arise as a result from the improper use in violation with this agreement, Linkcom reserves the right to charge you for any direct or indirect cost incurred, including any additional costs to enforce your compliance with our company.

9. Support

  • If the Equipment experiences malfunctions during its intended use, Linkcom, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, you agree that Linkcom’s liability and your sole remedy is limited to a refund of charges or the replacement of such Equipment(s) by Linkcom, provided that you notify Linkcom immediately upon Equipment(s) malfunction. If it is determined that repair was not required or was required due to damage caused by you, you agree to pay Linkcom’s cost necessary for such repair or replacement.
  • Upon cancellation or termination of Services, you agree to return the Equipment(s), which is owned by Linkcom, at your own expense. You are responsible for the continuing charges of the Equipment(s) until its return. If you fail to return the Equipment(s) within the required time, Linkcom may repossess the Equipment(s) at your expense, and/or may charge you for the replacement cost of such Equipment(s).
  • Compensation of service interruption. There is no compensation or remedy for the service interruption in the case of less than seven (7) days. Linkcom has the sole discretion to decide the remedy amount of service interruption in the case of more than seven (7) days. The refund amount for internet service should be no more than your service payment. Linkcom will only refund for those relevant internet service fees, such as, modem, installation and monthly fee. Linkcom reserves the right and will not refund any remedy which not related to Linkcom internet service. Linkcom does not take any responsibility for all of the costs incurred under any condition.
  • Any refund or credit provided by Linkcom will be subjected to the conditions defined in Section 3 and 6.

10. Suspension, cancellation or termination

  • Service suspension request for a certain period. You need to call in to request the suspension of the Service(s). The payment will continue, however there will be a refund of service credit (which is half of the monthly fee for each 30-day period the service is suspended) to be added to your account when you call in to restore the service. Before the refund, Linkcom will check the usage for the suspension period. If there is a continued usage for the account under suspension, then the refund may not be granted.
  • Customer request for cancellation: Applicable to Residents of Ontario and Quebec unless otherwise permitted by applicable law:
    1. You may terminate any or all of your subscribed Service(s) at any time by contacting Linkcom at the phone number, set out on the Linkcom website at linkcom.ca, and speaking with a Linkcom Team Member.
    2. If your account has a credit balance over $10 at the time of termination, then we will refund that balance to you within 60 days of the date of termination. (Note: does not apply to promotional credit) If the Service(s) is terminated by either party, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.
  • All the credit balance applicable will be refunded back to the credit/debit visa/prepaid visa card that the customer paid from. No other form (e-transfer/PayPal/cheque) is applicable.
  1. Cancellation or plan changing must be telephoned to our call center department.
  • Linkcom may suspend or terminate the service without any notice
    1. Your service might be suspended without any notice when there is no payment by due date.
    2. Linkcom may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to Linkcom for billing purposes.
    3. We may block, suspend or terminate any or all of your Services or Accounts in any way, without notice or liability to you, if
      • . You fail to pay the invoice;
      • You disagree or violate our policy, terms or conditions;
      • You harass, threaten or abuse Linkcom, its Service(s), our employees and/or agents;
      • You are not willing to cooperate with our troubleshooting procedure.
      • You violate any of the terms described in Section 9 and Section 11

11. Acceptable Use Policies:

  • The Subscriber is solely responsible for use of the Services by itself, or any other person (collectively, the “End Users”). The Subscriber agrees to comply, and to ensure that the End Users comply, with the following policies and procedures associated with the use of the Services.
  • Rules:

While using the Service, you may not:

  1. post, transmit, distribute information that constitute a criminal offense.
  2. post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
  3. post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;
  4. upload, download, post, publish, retrieve, transmit, reproduce, distribute other material which is confidential or is protected by copyright.
  5. use the Service for an unattended automated operation, including but not limited to point-of-sales applications.
  6. engage in account sharing, includes permitting third parties to use your Service account and password; or
  7. use the Service for simultaneous sessions using the same User ID and Password.
  • Your Equipment

It is your responsibility to ensure that your hardware meets the minimum requirements stated by Linkcom as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.

  • Linkcom will not assume any responsibility for your acts, omissions or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Linkcom and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.
  • You acknowledge and understand that when using home networking and internet service, there are certain inherent risks (e.g. others may gain access to your system or you Services and Accounts). Linkcom shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Linkcom.
  • Monitoring

Linkcom has no obligation to monitor the Service(s). However, in order to protect itself and its subscribers, Linkcom will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Subscriber or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Linkcom will not intentionally monitor or disclose any private information or e-mail message(s) unless required by law. Linkcom reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

12. Service Changes and Amendments to the Agreement

  • We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on linkcom.ca. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.