GENERAL TERMS & CONDITIONS
(last updated August 12, 2010)
The Customer recognizes and accepts that the present terms and conditions may be modified by Distributel at any time in accordance with the present document.
1) SERVICE PERIOD
The initial service period shall be for a term of thirty (30) days and thereafter shall be automatically renewed on a monthly basis unless otherwise indicated or a notice of non renewal is given by the customer.
Payment for recurring services is due in advance. The customer shall pay all applicable fees, charges and taxes relating to the services, including (without being limited to); collect-call and accepting-call charges, fees from 411, 711, etc. and/ or other fees according to the rate in effect at the time of usage. 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 payable by the customer from the thirty first (31) day following the billing date. For services payable by monthly debit; Distributel accepts pre-authorized bank or credit card payments.
For bundle packages such as internet and internet home phone service, the acceptance of the order is conditional on the payment of the first invoice which includes the activation fees, installation fees, and the first billing period of the chosen services. The payment is non refundable unless the service is unavailable or Distributel is incapable of providing the service to the customer.
Distributel may, in some circumstances, demand the advance payment or a security deposit if the customer has an unsatisfactory payment history and/or if the customer presents an abnormal loss risk due to his financial situation or his use of the services. In the event of a default in payment, Distributel can require an immediate payment for the amount due by the customer. Any amount due to a customer will be reimbursed within thirty (30) days following a cancellation.
A charge of fifteen dollars ($15.00) will be applied for any payment returned by the bank.
Distributel may interrupt service without prior notice for the following reasons:
- If the customer is in default of payment at the agreed upon dates and/or;
- If 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 whereas such expenses may be incurred directly by Distributel or any third party for the benefit of the customer, or of Distributel.
All promotions will be interrupted and are non-refundable in the case of a returned payment for Distributel services by the customer’s financial institution. In the event the account is sent into 3rd party collection, all expenses incurred shall be the responsibility of the customer.
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3) SERVICE ORDERS
The Service Order is subject to credit approval by Distributel. In the event that credit is not approved, Distributel may interrupt service without prior notice.
4) LIMITATION OF LIABILITY
Distributel’s liability, if any arising out of or in any way related to the performance of its services shall be limited to general monetary damages prorated to the length of time which it takes Distributel to remedy the failure, after Distributel receives notice of the failure, and in any event not to exceed the total amount paid by the customer for Distributel’s services in the month immediately preceding the occurrence of the event giving rise to such liability. Distributel shall not be liable under any circumstances for damages in respect of any direct, indirect, special, exemplary, punitive or consequential damages, including, without being limited to the following, property damages, lost profits, loss of business opportunities, 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 phone numbers and service arrangements are not anticipated, Distributel cannot warrant against them.
5) PRICES AND SERVICE FEES
Prices for services and/or discount rates may be subject to change upon written notice. In such cases, the customer will be informed thirty (30) days before the effective date.
Certain conditions can be applied for subscriptions to a bundle or a group of services. If the customer cancels any of the bundled services or services in a bundle plan, Distributel may increase the rates for the services remaining active.
6) FORCE MAJEURE
Notwithstanding any other provisions, Distributel shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
7) INTERRUPTION OF SERVICES
Distributel may, without any liability, interrupt the services for technical or maintenance purposes. Distributel shall, where possible, provide notice advising the customer.
8) CALLING CARD
The customer is responsible for all charges incurred when making calls using the Distributel calling card. In the event that the card is lost, stolen, or misplaced, the customer must inform Distributel to cancel the calling card. Until such notification is received, the customer is responsible for all charges.
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9) TRANSFER OF ACCOUNT
This account shall not be assigned or transferred in any way whatsoever without the prior written consent of Distributel which may be withheld at its discretion.
10) CANCELLATION OF SERVICE
For cancellation of services, the customer agrees to inform Distributel in writing at least ten (10) days before the next payment due date. This action is required to terminate the process with the financial institutions.
11) ACCEPTABLE USE POLICY
The customer agrees to abide by the Acceptable Use Policy which is available here.
13) EQUIPMENT PROVIDED BY DISTRIBUTEL
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 return any equipment owned by Distributel upon demand. The equipment is to be returned to Distributel within fifteen (15) business days of request by Distributel or following a cancellation date. In the event that the equipment is not returned by the customer, Distributel reserves the right to charge such equipment according to the fees described in Annex A. If the equipment has been provided to the customer by Distributel, 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, its agents and/or suppliers, as applicable. The customer also agrees to return such materials, at their own risk, in good repair and working order. In the event that such materials are not in good repair and working order upon their return, (subject to reasonable wear and tear) the customer will be charged an amount equal to the cost incurred by Distributel in repairing or replacing such materials. Distributel reserves the right to determine what constitutes normal wear and tear. Distributel will exercise this discretion fairly. All of the customer obligations with respect to the equipment, and all other hardware and software delivered to the customer will survive the expiration or termination of the service agreement with Distributel. The customer shall allow Distributel or a designated representative access to the equipment at any time as may be reasonably required by Distributel.
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14) EQUIPMENT PURCHASE FROM DISTRIBUTEL
For the purposes of this section, the modem and any other equipment sold by Distributel are referred to collectively as the “Equipment”. The date that the service is activated is referred to as the “Effective Date”. 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, as determined by Distributel. 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 or abuse of the Equipment. 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.
TERMS & CONDITIONS for INTERNET PHONE SERVICE
(Herein referred to as “The Service”)
1 – THE SERVICE
(a) Service Description
The Service enables the customer to make and receive telephone calls using a broadband Internet connection and a touch-tone phone. Using Internet technology, the Service enables the customer to have real-time conversations over the public Internet. Calls originating from traditional telephone lines will also function with the Service.
(b) Normal residential, non-commercial use of Service and equipment
If the customer has signed up for the Service, the Service and any equipment are provided or sold to the customer as a residential user, for personal, residential, non-business and non-professional use. To further clarify, the customer agrees that they cannot use the Service for any commercial activities, profit-making or non-profit, including but not limited to home office, sales, telemarketing, autodialling, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage. It is prohibited to transfer or resell the Service or the equipment to any other person, for any purpose. It is the customer’s responsibility to inform us if the device has been stolen or there is any fraudulent use of the Service. Until such notification is received, the customer is liable for all use of the Service.
(c) Use of Service outside Canada
If the customer is to access or use the Service or the equipment outside Canada, they will do so at their own sole risk, including the risk that such activity violates local laws or regulations in the country where the customer is doing so, and the customer remains liable for all such use. It is the customer 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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2 – EMERGENCY SERVICES 9-1-1 DIALING
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) E911 vs. 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 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 type service.
(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.
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.
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