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Terms

Home Membership Plan Terms and Conditions

Services

You may use certain Services that ITCS provides under the Plan during the Term of your Plan, subject to these Terms and Conditions.  The current Services offering is set out at https://www.itcounselsvc.com/hm-terms and is subject to change from time to time without notice (except where prohibited by applicable law). 

 

Plan Purchase Price:

The purchase price of the Plan (the “Plan Purchase Price”) is the applicable annual payment multiplied by the number of years in the Term of your Plan, or monthly payment multiplied by the number of months in the Term of your Plan, as applicable, plus applicable taxes.

In addition to the Plan Purchase Price, Service fees apply and are payable in respect of Services used under the Plan, unless otherwise stated in the Services offering set out at https://www.itcounselsvc.com/hm-terms. The current pricing and applicable Service fees for the Plan are set out at https://www.itcounselsvc.com/hm-terms

 

Annual or Monthly Payment Details:

  • Annual Payments: If the Purchase Price of your Plan is payable in annual payments, your first annual payment must be paid at the time of registration for the Plan. Subsequent annual payments will begin after the expiration of the first year and will be charged to the credit card account designated by you at the time of registration. You will be required to pay the applicable annual payment amount for the Plan, plus applicable taxes, each year during the Term of the Plan, until the Plan is cancelled as set forth in these Terms and Conditions.

  • Monthly Payments: If the Purchase Price of your Plan is payable in monthly payments, your first monthly payment must be paid at the time of registration for the Plan. Subsequent monthly payments will begin after the expiration of the first month and will be charged to the credit card account designated by you at the time of registration. You will be required to pay the applicable monthly payment amount for the Plan, plus applicable taxes, each month during the Term of the Plan, until the Plan is cancelled as set forth in these Terms and Conditions.

You authorize us to charge the credit card account you designated at the time of registration for the Plan with each applicable payment for the Plan as described above. We reserve the right, at our option, to accept or require another method of payment. If you have any questions in respect to the Plan Purchase Price, or wish to change your method of payment, you may email to info@itcounselsvc.com or visit https://www.itcounselsvc.com/hm

 

Changes:

Except where prohibited by applicable law, ITCS may change these Terms and Conditions, the pricing of the Plan and/or the Service fees for Services under the Plan from time to time, and such changes will apply to you no earlier than thirty (30) days following notice to you, or following such notice period as required by applicable law (if longer). You may cancel the Plan with no penalty to you within thirty (30) days of ITCS’s notice of any such change (or within such period as required by applicable law (if longer)) and you will receive a pro rata refund of any unearned prepaid portion of the Plan Purchase Price paid by you in your last payment collected by ITCS.

 

Manufacturer and Other Warranties:

This plan is a services contract; it is not a warranty. For any warranty related issues, you must contact your warranty provider.

 

Duration of Plan:

Access to Services under this Plan commences on the Plan registration date and will continue until the Plan is cancelled by you or ITCS. Following cancellation of the Plan, you will have no further rights in respect of the Plan and ITCS will have no liabilities or obligations to you.

 

Cancellation:

At its option, ITCS may cancel your Plan and Contract based on:

  • fraud or misrepresentation;
  • commercial use of the Plan (unless specifically noted as a commercial Plan on your original purchase invoice);
  • an unauthorized use of the Plan;
  • non-payment of the Plan Purchase Price;
  • failure to comply with any of these Terms and Conditions.

In addition, ITCS may cancel your Plan at its discretion at any time upon thirty (30) days’ prior notice to you.
You may cancel this Plan for any reason at any time within thirty (30) days of your registration for the Plan and receive a full refund of any payment of the Plan Purchase Price you made less the cost of Services received (if any), unless otherwise prohibited by law.

After the first thirty (30) days of your registration for the Plan, you may cancel your Plan for any reason at any time, provided, however, that if you cancel your Plan prior to paying the equivalent of twelve (12) monthly payments of the Plan Purchase Price, you will be required to pay a Service Recovery Fee that is equal to four (4) monthly payments of the Plan Purchase Price less the total amount of the Plan Purchase Price you already paid for this Plan as of the date of cancellation (except where prohibited by applicable law). If the total amount of the Plan Purchase Price you already paid for this Plan as of the date of cancellation is more than the amount equal to twelve (12) monthly payments of the Plan Purchase Price during the Term of your Plan, the Service Recovery Fee will be waived and you will receive a pro rata refund of any unearned prepaid portion of the Plan Purchase Price paid by you in your last payment collected by ITCS


Email Us at info@itcounselsvc.com for any cancellation requests. No Services may be received or used after cancellation of this Plan.

Transferable:

This Plan is transferable to another residence at any time, provided the registered Plan holder can provide acceptable documentation demonstrating proof of address change. Please contact ITCS at info@itcounselsvc.com to process transfer requests. The registered Plan holder must have original documentation and proof of residency at the address registered under the Plan in order to receive the Services.

 

Entire Agreement:

Your Plan purchase invoice and these Terms and Conditions contain the entire agreement between you and ITCS supersede all prior written or oral negotiations, understandings and agreements concerning the subject matter of the agreement (the “Contract”). No amendment or modification of the Contract by you will be binding on ITCS without the written agreement of ITCS.

 

General:

ITCS may assign this Contract without your consent upon notice to you. If ITCS assigns this Contract, you agree that ITCS is released of all obligations, and you agree to look solely to the assignee for the performance of all obligations under the Contract. This Contract will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. If any term of this Contract is held to be illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.

 

Upon request, any user of this Plan must show government issued identification demonstrating proof of address in order to receive any Services.

 

General Exclusions:

The following are not provided as Services under this Plan:

  • physical maintenance or repair of any product;
  • replacement cost for lost or consumer parts (such as a network device.);
  • unauthorized servicing and transportation charges;
  • products or services used for commercial purposes, used by the general public, used as a lease or rental or used in common areas in multi-family housing, or for any other non-personal use, unless noted specifically as a commercial Plan on the original purchase invoice;
  • indirect, consequential or incidental damages, including, but not limited to, loss of profits, down-time and charges for time and effort (For Quebec only: The foregoing is not intended to liberate ITCS from the consequences of ITCS’s own acts or the acts of its representatives);
  • fees related to third party contracts;
  • “no problem found” or “no fault found” type diagnosis and intermittent errors that cannot be reproduced;
  • any services that are not specifically set out in this Plan.

Limitations:

  • the services under this plan may only be used by you.
  • any in-home services provided under this plan will only be provided at the one home address you provided at registration.
  • ITCS is not liable to you if it is unable to perform its obligations hereunder due to events it is not able to control.
  • To the maximum extent permitted by applicable law, ITCS is not and will not be liable to you for property damage, loss of use, interruption of business, data loss, lost profits, down-time, or other consequential, punitive or special damages, howsoever caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise (for Quebec only: the foregoing is not intended to liberate ITCS from the consequences of ITCS’s own acts or the acts of its representatives).
  • ITCS’s maximum liability to you hereunder is limited to the amount of the plan purchase price paid by you. you waive all special, indirect and consequential damages against ITCS.
  • we reserve the right to refrain from providing any services, including, without limitation, if minimum system requirements are not met or if your technical needs or other requirements or requests are unusual or extensive, as determined by us.
  • except to the extent prohibited by applicable law, any implied warranty of merchantability or fitness for a particular purpose, if applicable to the plan, is limited in duration to the duration of the plan.
  • no services will be provided under the plan while any unpaid amounts are due and payable.
  • you must be 18 years of age, or the age of majority in your province or territory, to register as a plan holder. minors may only use the services under the supervision of an adult.


Some provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties and conditions, therefore, some of the above limitations and exclusions may not apply to you.

 

In addition to the exclusions and limitations specifically mentioned in these terms and conditions, the Services provided under this Plan are limited to the descriptions for each Service provided on https://www.itcounselsvc.com/hm-terms or other written scope document applicable to a particular Service, which we will make available to you on your request.

 

Disclosure:

  • Your information may be processed and stored in the United States or another country and may be subject to access by United States authorities or other international authorities under applicable laws.
  • ITCS Privacy Policy can be found at https://www.itcounselsvc.com/privacy. ITCS’s Privacy Policy includes information about how ITCS uses your personal information.

Definitions:

  • “Term” refers to the duration of your Plan.
  • “Services” refers to the particular services and benefits provided under this Plan from time to time, as described on https://www.itcounselsvc.com/hm-terms and may be revised and updated from time to time. “
  • “Plan” refers to ITCS Home Membership Plan.
  • “Terms and Conditions” refers to the terms and conditions set out in this document that govern the Services provided pursuant to the Plan. “You” or “your” refer to the registered Plan holder.

To obtain Services under this Plan, or if you have any questions about this Plan, please email us at info@itcounselsvc.com