DEFINITIONS
In these Terms and Conditions,
« Distributel » refers to Distributel Communications Limited, TELOSystème Inc. and its affiliated companies, as well as its employees, administrators, managers, authorized agents, representatives, providers and any other third party called upon to render the services requested by the Customer;
« Customer » refers to the company, corporation or entity to which Distributel provides the Services;
« Services » or « Service » refers to any product and/or commercial service provided by Distributel to the Customer;
« User » refers to any person to whom the Customer has allowed access or use of said Services;
« Equipment » refers to the modem and any other Equipment sold or leased by Distributel;
« Force Majeure » refers to any event beyond the control of either of the parties;
« Contract » refers to the present Terms and Conditions, as well as the Acceptable Use Policy, Appendices and any other document binding the Customer and Distributel in terms of services;
« Effective Date » refers to the date the service is activated; and
« Acceptance Date » is the date at which Distributel countersigns the present contract.
1. SERVICES SUBSCRIPTION
This Service Order, activation of the Services described therein, and subsequent modifications to the Customer’s account are subject to credit approval by Distributel. Should credit not be approved, Distributel may interrupt service without prior notice and/or the first payment amount may be modified to add or increase a security deposit, activation fees, installation fees, conversion fees or other fees.
This contract shall not be assigned or transferred in any way whatsoever without the prior written consent of Distributel. Distributel reserves the right to withhold consent at its discretion.
In the case where a term for service is part of this agreement (annually or otherwise) the following shall apply. The term for service begins at the Acceptance Date and ends after the term for service has expired. Once the term for service has expired, the Contract will automatically be renewed on a monthly basis, unless otherwise agreed upon or unless a termination notice has been received by Distributel at least thirty (30) days prior to the end of the term for service. In case of early termination, the Customer accepts to pay an early termination fee equal to 50% of all remaining payments to Distributel.
In the absence of a term, the following shall apply. The initial service period shall be for a term of thirty (30) days and thereafter shall be automatically renewed on a monthly basis. A termination notice must be given to Distributel at least thirty (30) days before the end of any billing period.
If for any reason the Customer terminates the account prior to the Effective Date and after the Acceptance Date, the Customer accepts responsibility for expenses incurred by Distributel in the placement of the orders associated with this contract. Such charges will be billed by Distributel as soon as a termination notice is received and are payable within thirty (30) days.
Only fees paid for Services more than one month in advance will be refundable. Should the Services end during a billing period, Distributel may elect to provide a refund on a prorated basis for them.
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2. PAYMENT
The Customer shall pay all applicable fees, charges and taxes relating to the Services.
Minimum fees related to Services to be provided to the Customer are payable in advance. Non-recurring fees to be paid by the Customer such as Installation Services and Technical Support must be paid within thirty (30) days. Fees vary according to use of Services by the Customer and according to rates set by Distributel. An order for Services or for modifications to Services may not be processed until such payment has been received.
For Services payable by invoice: The invoices rendered are payable upon receipt. In the event that any invoice is not paid within thirty (30) days of the billing date, interest of 1.25% per month (16.07% per year) will be charged starting the thirty first day (31st) following the billing date.
For Services payable monthly: Distributel accepts pre-authorized payments by direct debit or credit card. A minimum charge of twenty-five dollars ($25.00) will be applied for any payment returned.
Distributel may interrupt Service without prior notice for the following reasons:
- If the Customer is in default of payment;
- The Customer has not complied with the Terms and Conditions;
- At any time, for cause, such as, but not limited to: violation of the Acceptable Use Policy (AUP).
The Customer shall pay to Distributel all expenses related to the reinstatement of the Services following an interruption.
All promotions will be interrupted and can not be reinstated in the case of a returned payment. In the event the account is sent into 3rd party collection; all expenses incurred shall be the responsibility of the Customer.
The Customer is responsible for the payment of calling costs and long distance calls generated from their telephone system. In the case of calls charged to numbers leased by Distributel, the Customer will be billed for those charges. If Distributel finds there is abuse of its Services, the Services can be suspended until a new agreement has been reached between Distributel and the Customer.
The Customer is responsible for all charges incurred through use of the calling card. In the event that the card is lost, stolen or misplaced, the Customer should inform Distributel to cancel or replace the calling card. The Customer is responsible for any charges incurred until Distributel receives such notice.
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3. LIMITATION OF LIABILITY
(a) Equipment
The sale of any Equipment shall be final and the Equipment may not be returned or exchanged without Distributel’s consent. Any Equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year for parts and labour. The warranty period will commence on the Effective Date. Distributel shall replace any defective Equipment with comparable Equipment in accordance with the terms of the warranty provided Distributel is advised of the issue within the warranty period. The warranty does not apply to any breakage or defect resulting from accidents or Force Majeure, any modifications to the Equipment without Distributel’s authorization, misuse of, or abuse of the Equipment, or wear and tear that is considered beyond normal. Distributel (or a designated representative) will assess what is normal wear and tear. In the event of defective Equipment, the Customer agrees to notify Distributel promptly so that Distributel (or a designated representative) can arrange to make the necessary assessment.
If Distributel provides Equipment to the Customer, such Equipment will remain the property of Distributel, unless it has been purchased by the Customer. The Customer agrees to use and maintain such Equipment, and all hardware and software delivered to the Customer, in compliance with the applicable operating instructions provided by Distributel. The Customer agrees to return all Equipment, material or software belonging to Distributel upon request and/or upon termination of service. The Equipment needs to be returned within 15 days following such request for return or contract termination. Should this Equipment not be in good working order, or should it be found to have been subjected to abnormal wear and tear, Distributel reserves the right to invoice the Customer an amount equal to costs incurred to replace or repair the Equipment.
The Customer shall allow Distributel or a designated representative access to the Equipment at any time as may be reasonably required by Distributel.
(b) Service
Notwithstanding any other provisions contained in this Contract, Distributel shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control, or for any failure or interruption of less than 48 consecutive hours. Distributel may, without incurring any liability, interrupt the services for technical or maintenance purposes. Distributel will, whenever possible, provide notice advising the Customer of such interruption.
Distributel’s liability, if any, arising out of or in any way related to the performance of its Services shall be limited to the pro-rated costs of the affected service for the length of time which it takes Distributel to remedy the failure or the interruption of the affected service, after Distributel receives notice of the failure or the interruption. Distributel’s liability shall not, in any event, exceed the total amount paid by the Customer for the affected service in the 30 days immediately preceding the event giving rise to such liability. Except for what is provided above, Distributel shall not be liable under any circumstances for damages in respect of any direct, indirect, general, special, exemplary, punitive or consequential damages, including, without being limited to the following, property damages, lost profits, lost revenues, loss of business opportunities, personal and/or economic damages, that result in any way from the use of Distributel services, or any part thereof, by the installation of its services and/or equipment by Distributel, its agents and/or suppliers, by the customer or any other person through their account, or any claim or demand against Distributel by any other party.
Although changes in telephone numbers and service arrangements are not anticipated, Distributel cannot warrant against such changes.
Distributel shall not be liable for any changes to its network caused by its telecommunication and/or service providers, by the customer, or by any third party.
Distributel Internet Phone Service enables the Customer to make and receive telephone calls using a broadband Internet connection and a touch-tone phone. Using Internet technology, the Distributel Internet Phone Service enables the Customer to have real-time conversations over the public Internet. If the Customer is to access or use the Service and/or the Equipment outside Canada, they will do so at their own risk, including the risk that such activity violates local laws or regulations in the country where the Customer is doing so. It is the Customer’s responsibility to ensure that such access or use is legally permitted and to also ensure that the movement of Equipment into another country does not violate any export control law. The Customer agrees to hold Distributel harmless against any liability for such violation.
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4. PRIVACY POLICY
A copy of our Privacy Policy is available upon request, or can be viewed online at www.distributel.ca
5. ACCEPTABLE USE POLICY
The Customer agrees to abide by the Acceptable Use Policy which is available upon request, or can be viewed online at www.distributel.ca
6. TELEMARKETING RESTRICTIONS
The Customer acknowledges that in Telecom Decisions CRTC 2004-35, 2004-63, 2007-48 and 2008-6, the CRTC has imposed restrictions on the use of telecommunications facilities for the provision of unsolicited telecommunications, commonly referred to as telemarketing, including the establishment of a national Do Not Call list. The Customer recognizes that it is solely responsible for ensuring its compliance with these restrictions, and is solely responsible for any administrative monetary penalties that may arise from its failure to comply with these restrictions.
7. AMENDMENT
At any time and without prior notice, Distributel may amend, add or withdraw items from the present Terms and Conditions, in which case the updated version will be available on Distributel’s Web site: www.distributel.ca
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EMERGENCY SERVICES 9-1-1 DIALING
WITH DISTRIBUTEL INTERNET PHONE SERVICE
The 911 service provided by Distributel differs in a number of important ways from traditional 911 or E911 dialling available with most traditional telephone services - and has specific limitations relative to Enhanced 911 (E911).
(a) Enhanced 911 service and Basic 911 Service
When placing a call to emergency services with E911 or Enhanced 911, the Customer’s telephone number and location are automatically transmitted to
the operator during the call. These two features (telephone number transferability and location) are what make E911 “enhanced.”
With Basic 911 (B911), the Customer telephone number and location are not automatically transmitted to the operator trained to route the Customer call to local emergency service (medical, fire, and law enforcement agencies). The attendant at the answering location verbally obtains the pertinent information that identifies the caller's need and physical location. The attendant then determines the appropriate agency and transfers the caller to that agency.
Distributel provides a basic 911 service.
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(b) Routing of 911 calls
When the customer dials 911, the Customer call is routed from the Distributel network to our emergency services operator. The Customer will need to confirm with the operator that they are still located at the address the Customer has registered with Distributel. If the Customer is at this address, our operator will transfer the Customer call to the appropriate emergency agency. If the Customer has moved their service equipment to another location and are calling from there, the Customer will need to provide our operator with a current address / location. They will determine the appropriate emergency agency and transfer the Customer call accordingly.
(c) Other users
The Customer agrees to inform any household residents, guests and other third persons (all users and potential users of the service) who may be present at the physical location where the Customer uses the service - of the nature and limitations of the provided 911 service.
(d) 911 dialling and Distributel service do not function during an electrical power or broadband provider outage
A power failure or disruption may require the Customer to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet service provider) outages will also prevent dialling to emergency service numbers including 911. In the event of power failure or broadband outage, the Customer will need to access a traditional phone or cellular phone to make an emergency call. The Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitation, improper modification or any tampering with their computer or related software or hardware, the Service will not function; the Customer will continue to be billed for the Service until the Customer or Distributel terminate the Service in accordance with this Agreement.
WARNING: Power disruptions or failures, Internet Service Provider (ISP) outages or unavailability and tampering with equipment might prevent dialling to emergency service numbers including 9-1-1
(e) Possibility of network congestion and/or reduced speed for routing
Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using Distributel equipment as compared to 911 dialling over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service providers than in the case of traditional 911 calls. The Customer acknowledges and understands that Distributel cannot be held liable for service outages beyond its reasonable control.
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(f) Portability
Unlike traditional phone lines, this service is portable to any location with broadband Internet access, anywhere in the world. For example, the customer can have an Ottawa telephone number and receive calls when physically located in Toronto. When a Customer travels and makes a 911 call, the service will automatically route their call to our emergency services operator who will verify the Customers’ current location (Canada or U.S.) in order to forward their call to the appropriate emergency services provider. If the Customer is located outside Canada and the U.S., the Customer should find a traditional public telephone network connected phone and dial the local emergency services number, which may or may not be 911.
(g) Limitation of liability and indemnification
Neither Distributel nor its officers, directors or employees may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The Customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his Customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Distributel. Subject to the provisions of this agreement, Distributel does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The Customer agrees to defend, indemnify, and hold harmless Distributel, its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who offers services to the Customer or Distributel in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to Distributel in connection therewith.
The Customer acknowledges having read, understood, and accepted the limitations to the Distributel Internet Phone 9-1-1 emergency services.
The Customer agrees to inform any users or potential users of the Distributel Internet phone service about the limitations of the 9-1-1 service.
The Customer acknowledges having read and accepted the Terms and Conditions prior to signing the Agreement.
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