ComparAction Long Distance Program
Terms and Conditions
The Program Terms and Conditions contained in this document bind the ComparAction customer (herein after referred to as "YOU") who has subscribed to the ComparAction Service (the 'Service'). All usage by YOU of the Service shall be governed by these terms and conditions. If any other Individual uses YOUR Service, all such usage will be governed by these terms and conditions and YOU will be contractually responsible for all such usage based upon these terms and conditions. Use of the ComparAction 'Rate and Compare' Service constitutes proof that YOU have read the Program Terms and Conditions below, and agree to abide by the terms and conditions as set out here below.
Who is the Service Provider for the ComparAction Program?
All Services (which, for greater certainty, include all long distance services, calling card numbers, the toll-free services and any ancillary long distance telephone services that are made available to YOU under the ComparAction Program), are provided exclusively to YOU by CDTel Inc. ('CDTel') and it is CDTel with whom YOU are contractually bound in relation to the Services.
CDTel is the program service provider, reseller and biller for the ComparAction Program. All customer service support in connection with the ComparAction Program is provided to YOU by CDTel.
CDTel reserves the right to change the underlying network carrier for some or all of the Services, without notice. YOU give CDTel or its representatives permission to notify YOUR local telephone company to carry out any and all changes it deems necessary in the underlying carrier, as it relates to YOUR use of the Services and acts on YOUR behalf
on all matters relating to the termination of YOUR long distance services with YOUR current provider.
Concerning Long Distance Calls
YOU will be held responsible for any and all calls made from the telephone numbers YOU enroll with ComparAction. YOU agree to use the Service in compliance with the law and with the Program Terms and Conditions set out herein. YOU agree not to use the Service in an annoying or offensive manner. YOU agree to compensate and reimburse CDTel for all losses and expenses they may incur resulting from any behavior on YOUR part, or on the part of anyone using YOUR numbers, and YOU will hold CDTel harmless from (or in other words, protect and defend them in/against) any lawsuits and any claims which may be made against either or both of them, in connection with YOUR use or misuse of the Service or YOUR violation of the Program Terms and Conditions set out in this document.
YOU remain responsible for the cost of long distance collect calls charged by YOUR local service provider, as CDTel does not provide this service.
"Unlimited" type rate plans are based on YOUR conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use. YOU agree that CDTel may monitor YOUR account for misuse and if CDTel determines, in its sole discretion that YOUR use is not for conventional residential purposes, CDTel may terminate YOUR use of the plan or switch YOU automatically to another plan.
Using YOUR Calling Card Responsibly
YOUR Responsibility for PIN(s) and Calling Card Number(s) :
YOU agree to be held responsible for all calls made with:
The Calling Card Number(s) and PIN(s) mailed to YOU in the ComparAction Calling Card Package
Any further Calling Card Number(s) and PIN(s) YOU may request and/or be sent.
Any Calling Card Number referred to above together with a PIN.
This means that should YOU reveal YOUR Calling Card Number and PIN to another person, YOU are responsible for all calls made using those numbers. This is the case whether those calls are made by that person or by someone else, whether they are made with or without YOUR consent, or made with or without the consent of any other person to whom YOU gave access to or permission to use YOUR Calling Card Number and PIN. YOU are responsible for calls made should the person YOU authorized gets a new PIN, in replacement of the one YOU originally provided.
Protecting YOUR PIN
Since YOU are liable for all calls made with all and any Calling Card Number(s) and PIN(s) associated with YOUR account, it is wise to store these numbers securely. In order to prevent someone finding YOUR Calling Card Number and PIN and using them to place calls without YOUR permission, never record or otherwise keep them together in the same place. For example: never keep a record of the two numbers in YOUR purse or wallet or briefcase. The best and most secure way is to keep YOUR Calling Card Number with YOU at all times, and to commit YOUR PIN to memory.
For security reasons, when creating a PIN, it is recommended that YOU never use all or even part of:
- YOUR ComparAction Calling Card Number
- The number on any credit card or other card YOU carry with YOU. For example, YOUR driver's permit, SIN, Medicare number, video club membership number etc.
- The Personal Identification Number(s) (PINs) YOU use to access bank machines.
- YOUR birthday, wedding anniversary, telephone number or address, or that of a close relative such as YOUR children or parents.
In other words, do not use any number or combination of numbers an unauthorized person could find or guess should YOUR wallet etc. be misplaced, lost or stolen.
Reporting YOUR PIN/Calling Card Number
If YOU do allow someone else to use YOUR Calling Card number and PIN, YOU agree to inform them of the Terms and Conditions in this document. If YOU know or suspect that someone YOU have not authorized to use a Calling Card Number and PIN is using them, YOU are obliged to call 1-877-842-4255 with that information immediately. Once YOU do, that specific Calling Card Number and PIN will be instantly deactivated. At this time, CDTel will issue YOU new Calling Card Number and PIN, should YOU so desire.
The Method Used to Calculate YOUR Bill
CDTel will send YOU a Usage Summary Statement for each month in which the Service is used. It will be sent to the address YOU provided upon enrollment. Each month's Usage Summary Statement will list every long distance call made in the period covered by that Usage Summary Statement and what each call would have cost (before tax) under each of the 3 selected plans being offered, depending on YOUR billing cycle. Upon enrollment, YOU have a choice to be placed on a Monthly billing cycle or a Quarterly billing cycle and are able to change YOUR billing cycle by calling 1-877-842-4255 (this may affect YOUR comparison plans). However, if YOUR long distance bill comes to less than a certain value for 3 consecutive months, YOU will automatically be placed on a Quarterly billing cycle.
A Monthly billing cycle means that YOU are billed every month and will receive a Usage Summary Statement on a monthly basis. A Quarterly billing cycle means that YOU are billed every three months and will receive a Usage Summary Statement every three months. Regardless of the billing option YOU selected, YOUR calls will be compared and calculated under pre-selected plans from each of the following: YOUR Local Telephone Company, Rogers and Primus. All applicable charges related to the respective plan will also be charged to YOU such as monthly Service charges and monthly network access charges.
If a Calling Card Number is used during the period covered by the Usage Summary, the summary will list each calling card call for calls originating and ending in Canada and the US. The final amount is added to YOUR ComparAction Lowest Cost Plan after YOUR Savings Subtotal.
The total cost for long distance is calculated for each of the three pre-selected plans under YOUR Monthly or Quarterly billing cycle, including the respective network and plan charges. The lowest cost of these three totals is selected. Calling Card charges are calculated and displayed separately. Any credits are subtracted.
If a 1-800 service is used during the period covered by the summary statement, the summary will list each call along with cost.
The final amount includes all applicable taxes and is charged directly to YOUR account we have on file. CDTel reserves the right to change how it calculates YOUR amount payable, at any time. If it does, a notice will be sent to YOU at the address to which YOUR Usage Summary statement is mailed.
Rate comparisons are not applicable with special promotional offers made by YOUR Local Telephone Company, Rogers or Primus or other offers which they advertise or otherwise promote to all customers.
CDTel reserves the right to change the selected plans at any time, with or without notice to YOU. For example, the companies, the plans, and the number of companies and plans may change over time, depending on the competitive marketplace for telephone Services and the relative popularity of each company's plans.
Billing and Payment
YOU will receive a Usage Summary Statement on a Monthly or Quarterly basis on or after the third week of that month. The amount set out on the Usage Summary Statement will be charged directly to YOUR account we have on file approximatley 48 hours following the mailing of YOUR Usage Summary Statement.
CDTel has 150 days after a call is made within Canada & the U.S. to post it to a Usage Summary. If the call is made from and/or to outside Canada & the U.S., CDTel has one year to post it to a Usage Summary. These deadlines do not apply if CDTel believes, at its discretion, that there has been any deception by YOU or someone YOU authorize to use YOUR telephones for long distance calls and/or YOUR calling Card Number and PIN.
Disputes about YOUR Bill
If YOU believe any call on YOUR Usage Summary Statement may not actually have been made, or may be shown incorrectly (including if YOU believe the call length, time or date is stated wrongly or the wrong amount is being charged), please contact Customer Service at 1-877-842-4255. If YOU do not object to a call by calling the special inquiries phone number within 60 days after the date of the usage summary on which the call appears, YOUR right to request a credit in respect of it is lost.
Overdue Charges for Services
Payments must be received within 30 days of the statement date. YOU will be charged interest on outstanding past due amounts at the rate of 1.6% per month (20.98% per annum), or such other rate as CDTel may set from time to time. Credits for Services and other courtesy credits YOU may have for YOUR use of the Services will only be applied against future telephone charges and will not be paid out to YOU upon cancellation of YOUR subscription to the ComparAction Program.
YOU may terminate YOUR Service arrangement with ComparAction (or, should YOU desire, solely the calling card portion of it) by calling 1-877-842-4255.
In order to have and maintain any of the additional Long Distance Services offered through the ComparAction Program, YOU must have an active phone line enrolled with ComparAction.
CDTel may cancel or change the ComparAction Program, in whole or in part at any time, with or without giving YOU prior notice. CDTel may terminate YOUR access to the Service for any reason it deems appropriate by giving YOU seven days prior written notice, mailed to YOU at the address to which Usage Summary Statements are sent. CDTel also reserves the right to terminate only YOUR access to the Service (or in other words, all access to the Service via the telephones YOU enrolled and all Calling Card Numbers/PINs issued to/obtained by YOU), with or without notice, if CDTel believes, at its discretion, that: YOU may not have respected the Program Terms and Conditions in this document; YOU or anyone else is or may be misusing the Service or is attempting to defraud it; YOU or any other person is, or may be placing telephone calls that are annoying or offensive; or termination is required in order to preserve the integrity of the network or to comply with governing laws and regulations in effect at the present time or in the future. CDTel is not required to furnish YOU with any reason for terminating YOUR access to the Service or YOUR use of a calling card number and PIN.
Should CDTel believe, at its discretion, that YOU or anyone YOU have authorized to use the Service are misusing or attempting to defraud the Service, it may require full and immediate payment from YOU for all calls made and Services used. YOUR access to the Service will be terminated if YOUR account is closed, unless YOU notify us of a change to another account as herein explained. In addition, if YOUR account is not in good standing, at any time, YOUR access to the Service may be terminated without prior notification.
Should the Program be terminated or YOUR access to the Service be terminated under the Program Terms and Conditions herein, YOU are liable to CDTel for all calls made before termination was fully effected.
ii. Limitation of Liability:
YOUR account with CDTel is independent of YOUR obligation towards YOUR financial institution: YOU will remain liable to pay all long distance charges incurred irrespective of any disagreement YOU may have with CDTel, or any perceived problems with the Service.
CDTel does not guarantee that the Service will never be interrupted or will always be error-free. CDTel and our respective partners are not liable for any loss howsoever caused that YOU or anyone else may incur (including any loss of earnings or profits) or for any damage or injury caused, occasioned by or contributed to in any way whatsoever by the use or interruption of use of the Service. Without limiting the generality of the foregoing, this covers and includes the following situations, as well as others implied but not detailed:
- Should the Service or any part of it be impaired, defective or stop functioning completely;
- Any failure to activate the Service on a given date;
- Should the ComparAction Program be cancelled in whole or in part;
- For any kind of act or omission on the part of any telecommunications carrier or other Service provider participating in the provision of any part of the Service;
- For any content transmitted via the Service, including any that may be perceived or deemed to be offensive, annoying, defamatory or infringe upon any intellectual, privacy or other right;
- Any indirect, incidental, particular, or consequential damages that may occur, even if such were deemed to be reasonably foreseeable;
- Any act or omission by YOU;
- In the event that CDTel terminates or suspends YOUR access to all or any part of the Service.
iii. Should YOU Wish to Switch Credit Cards
If YOU are a primary account holder and ComparAction agrees to replace YOUR account with another, YOU hereby authorize CDTel to debit the amount YOU owe each month to the new account. YOU will advise CDTel of any changes to YOUR account at least one month prior to the next billing date.
iv. Respecting YOUR Privacy
CDTel values and appreciates its relationship with YOU. As our esteemed customer, we are especially committed to guarding YOUR personal information. CDTel collects only the personal information from YOU that is required for providing YOU with the ComparAction Service. This information is only shared with the companies that CDTel has retained to provide the Service YOU expect. Before using YOUR personal information for any purpose other than those mentioned, CDTel will ask for YOUR specific consent.
The Services provided by CDTel are available in most areas in Canada. YOU agree that the Services available under the ComparAction program do not apply to Internet access and data transmission.
YOU also agree that the services may not and will not be used for FAX broadcast transmissions. YOU also understand and agree that CDTel does not provide service for long distance collect calls, therefore the cost for such calls will be charged to you by your local service provider.
vi. Changes to These Terms and Conditions
CDTel may change or replace these terms at any time, without prior notice to YOU. If notice is given, it will be sent to YOU at the address to which Usage Summary Statements are normally sent. YOU may not transfer any rights and obligations under this agreement or YOUR access to the Service to anyone else without CDTel's prior consent.