Distributel Terms & Conditions

GENERAL TERMS & CONDITIONS

Effective Date: June 4th, 2020

These Terms & Conditions (including these “General Terms & Conditions”, the “Service-specific Terms & Conditions”, the “Acceptable Use Policy” and the “Schedules” set out below, all of which are referred to as the “Terms”), and the materials provided to you during the sign-up process, form the contract (the “Contract”) between you and Distributel Communications Limited and/or a subsidiary or affiliate of Distributel Communications Limited (depending on the services you sign up to) for each of the services provided to you (the “Services”). Throughout these Terms, you are referred to as “you” or the “Customer” while Distributel Communications Limited, or the subsidiary or affiliate, is referred to as “us”, “we” or “Distributel”.

We have provided your Terms in English as that is the language you indicated that you prefer. If you would like a copy in French, please contact us so that we can provide you with one. Nous vous fournissons vos modalités en Anglais puisqu’il s’agit de la langue de préférence que vous avez indiquée. Si vous désirez obtenir un exemplaire en français, veuillez nous en faire la demande.

  1. APPLICATION AND CHANGES

    These Terms govern the installation, provision and use of Distributel residential Services, including, but not limited to, Digital Home Phone, High Speed Internet, Television and Long Distance services, as well as any hardware, equipment or devices either sold or rented to you by us for use with any of the Services. Unless your Contract states otherwise, your Services are offered for an indeterminate term, and subject to suspension or termination in accordance with these Terms, we will continue to provide you with any Services at the applicable rates until you cancel.

    From time to time it may become necessary for us to change aspects of the Services, including the rates, terms and conditions on which we provide those Services to you, and you accept that we can modify any term of your Contract, including the Charges (as defined below) and any Acceptable Use Policy, by following the procedures in this section. Except for residents of Quebec, we can make these changes at any time by giving you notice using a reasonable method (including, for example, by posting on our website, our customer portal, by email or as a message on your invoice). Any changes to these Terms will be posted at www.distributel.ca/terms-and-conditions along with the effective date. If you do not agree with the change, you can cancel the impacted Service.

    If you are a resident of Quebec and the change increases your obligations or reduces ours, we will give you at least 30 days’ notice of the change and you will be entitled to terminate the relevant Service without penalty, cost or cancellation indemnity by sending us a notice no more than 30 days after the date the change comes into effect. If you have agreed to a specified period for the Services (a fixed term contract), we will not amend the nature or price of the Services or, if applicable, the term of the contract, during that fixed term.

  2. PROVISION OF SERVICES AND TERM

    Provision of the Services is subject to these Terms as well as availability of the Service in your location. Acceptance of any order for Service by us is conditional on payment of the first invoice which may include shipping, activation and installation fees, as well as service charges for the initial billing period. This payment is non-refundable unless we cannot provide the Service(s) to you.

    Unless you agree to a fixed term contract, the Services will be provided on an indeterminate (month-to-month) basis, subject to termination in accordance with these Terms.

    If you agreed to a fixed term contract, we will provide the Services to you for the fixed period, following which we will continue to provide the Services to you on an indeterminate basis at our then-applicable Charges, subject to termination in accordance with these Terms.

    You are responsible for your own use of the Services, as well as that of any other person using them. You are responsible for ensuring that all users of the Services understand and comply with these Terms.

    We reserve the right, but are under no obligation, to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms. We may at any time be legally required to monitor or record and preserve evidence of the activities of identified customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statutes, without prior or subsequent notice provided to you. Subject to Distributel complying with its legal obligations in this regard, you agree that we may perform these activities without any liability to you.

  3. CHARGES, SERVICES FEES AND PAYMENT

    You agree to pay all charges applicable to the Services including any installation and activation fees, monthly and usage-based fees, early termination fees, interest, any taxes, and non-sufficient funds charges (“Charges”). Charges which may apply to your Services which are in addition to those specifically mentioned in this paragraph are set out in the attached Schedule A – Charges.

    In some cases, we apply discounts to subscriptions to a bundle or group of Services. In the event you cancel any of the Services in a bundle or group, the bundle discount may no longer apply. Similarly, if you receive a discount, incentive or promotion which is based on satisfying eligibility requirements, and you no longer satisfy those requirements, we may remove that discount, incentive or promotion, subject to any applicable laws and these Terms.

    Payment for recurring Services is due in advance. We require pre-authorized bank or credit card payments for certain Services, and payments are due every month on the date specified in the service order, or upon receipt of an invoice. If you provide a credit card or bank account for your payments, you authorize us to charge your credit card or debit your account for all Charges without any further authorization from you, and this constitutes Distributel’s good and sufficient authority for doing so. You must advise us if your credit card or bank account information changes, as failing to notify us may result in non-payment and ultimately suspension or termination of your Services.

    If pre-authorized charges to your bank or credit card are returned to us, (i) Distributel may attempt to process payment again before the next regularly scheduled payment, but isn’t obligated to do so, and (ii) except for residents of Quebec, we reserve the right to impose the non-sufficient funds fee set out in Schedule A – Charges. If you cancel service or make a change to your banking or credit card information too close to a regularly scheduled payment date, we may not be able to process that change in time to prevent the regularly scheduled payment. In that case, where you are entitled to a credit, the amount will be refunded to you.

    Overdue amounts are subject to interest at the rate set out in Schedule A – Charges. In the event you fail to pay any Charges when they are due, any outstanding amount becomes immediately due and payable. We can refer your account to a collection agency if you fail to pay amounts which are due.

    If you dispute any Charges reported on your invoice, you must notify us in writing within 180 days of the date of the invoice. If you are disputing any Charges, you are still responsible for paying all undisputed Charges when they are due. We also reserve the right to correct any errors in billing for a period of up to 180 days and apply the appropriate Charges retroactively. Except for residents of Quebec, If you do not dispute your invoice within 180 days of the date of the invoice, you will be deemed to have accepted it as correct.

    We may require you to maintain a deposit or impose alternate payment methods, including credit limits, when you sign up for a Service. Except for residents of Quebec, we can also take these measures at any time and on the terms we consider necessary if we believe you have become an unacceptable credit risk. This may include when you order additional Services, make changes to your existing Services, or fail to make any payments when required.

    Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month that we hold the deposit. If you fail to pay any Charges when they are due, we may apply the deposit and any earned interest against any outstanding Charges you owe to Distributel. When Services are cancelled or the conditions justifying the deposit no longer apply, we will apply the deposit and any earned interest against any outstanding Charges you owe to Distributel, then refund you the balance of the deposit, if any.

    For Customers resident in Quebec, any security deposit which we hold will bear interest at the rate determined by applicable legislation or regulation, and we will notify you if we use all or any part of the deposit. If your Service is terminated, we will refund any unused portion of your deposit within thirty (30) days of termination.

  4. EARLY TERMINATION FEES

    If (i) you subscribe to a Service which has a minimum period and cancel your Service, or we terminate it pursuant to the terms of this Agreement, prior to the end of that period, or (ii) you are given a discount on equipment used for a Service and do not return the equipment when required to do so, you may be charged early termination fees, or for Customers resident in Quebec, cancellation indemnities (“ETFs”). The ETFs are not a penalty. They are an estimate of damages suffered by Distributel as a result of your early cancellation of the Services.

    Any ETFs will be calculated based on the amount of the discount (whether to services, hardware, or both) offered in exchange for a fixed term and will not exceed the value of the original discount for services and/or hardware provided.

    For customers resident in Quebec:

    1. If you sign up for a fixed term contract and Distributel has provided a discount in respect of the Service, the ETFs will not exceed the value of the following calculation:

      ETF = discount given – (discount given x number of contract months completely elapsed / total number of contract months).
    2. If you signed up for a fixed term contract but no discount was provided, the ETF will be the lesser of $50 or ten percent of the Charges for the remainder of the fixed term.
    3. If you signed up for Service on an indeterminate basis, an ETF will be charged only if we provided you with a reduction to the cost of equipment associated with the Service. The amount of the ETF will reduce over time in accordance with applicable regulations.
  5. SUSPENSION AND TERMINATION

    You may cancel any Service at any time by contacting us, indicating the date on which you wish the Service to be cancelled. You will be responsible for paying any amounts owed to us up to the date of cancellation and any ETFs payable in accordance with these Terms. You will also be responsible for returning any Distributel owned equipment. If you have pre-paid any of your Charges and are entitled to a refund, we will issue you a refund.

    Except where prohibited by applicable law (which, for the purposes of this Contract, includes statutes, regulations, orders, codes, policies and rulings which apply to us and which originate from any body which has jurisdiction over us and/or the Services) we can suspend (which includes restricting, blocking or disconnecting) your Contract or the provision of any Service, including 911 service, in whole or in part, without prior notice where (i) you violate the terms of your Contract (including any Acceptable Use Policy), (ii), you do not pay any amounts when due, (iii) your usage of the Services is inconsistent with your usual usage pattern and/or we reasonably suspect your Service is being or may be used for fraudulent, improper or illegal purposes, (iv) we need to perform maintenance, repairs or upgrades to the Services or our network and equipment, (v) any account or service on which your Services depend is terminated for any reason, (vi) there is an emergency or extreme circumstance that warrants suspension, or (vii) we reasonably conclude that you have become an unacceptable credit risk.

    You are still responsible for paying for your Services during any period they are suspended. Except for residents of Quebec, If your Service remains suspended for more than 10 days, except where prohibited by applicable law, we may terminate your Service with no further notice.

    If you are a resident of Quebec and subscribe to a fixed term contract, we may terminate your Service only if you are in default of your obligations in your Contract, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Quebec. If you are a resident of Quebec and subscribe to an indeterminate term contract, (i) we may terminate your contract if you are in default (except where the default is non-payment and you have provided a security deposit which is greater than the amount due), and (ii) we will give you notice in writing at least 60 days before the date of termination if we intend to terminate your contract and you are not in default.

    In certain cases, we incur costs to third parties as a result of the suspension, termination or reconnection of your Services. Where permitted by applicable law, we reserve the right to impose a Charge as set out in Schedule A – Charges to cover these costs.

  6. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITY

    Except where caused by our negligence or willful acts or omissions, Distributel, and its affiliates and their respective officers, directors, employees, or agents, will not be liable to you for any loss incurred by you arising out of or in connection with (i) the use or inability to use the service, including inability to access emergency service personnel through Distributel’s 911 service or to obtain emergency help, or (ii) any delay or failure to provide a Service, including any missed installation or other appointments, or for any interruption or degradation of voice or data quality. To the extent permitted by applicable law, our aggregate liability to you for any cause of action is limited to the Charges you paid for your Services in the calendar month prior to the event giving rise to your claim. We are not responsible for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, data, advantage, savings or revenues of any kind, or increased cost of operations.

    Except for residents of Quebec: To the extent permitted by applicable law, we make no warranties or guarantees, whether express or implied, with respect to the Services or Equipment.

    Except where caused by our negligence, or willful acts or omissions, you agree to indemnify and hold us harmless from any claims, losses, damages, costs and expenses (including legal fees and litigation costs) incurred by us as a result of your breach of any intellectual property, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.

  7. EQUIPMENT AND SOFTWARE

    The equipment (including any associated firmware and software) required to use our Services can be obtained in a number of ways including: (i) rental from Distributel, (ii) purchase from Distributel, (iii) purchase from Distributel in installments on a rent-to-own plan, and (iv) purchase or rental from a third party.

    Equipment rented or purchased on an installment plan. Where you rent equipment or are in the process of purchasing it on an installment plan from Distributel, you are responsible for the equipment and must (i) take reasonable care of it, (ii) maintain and operate it in accordance with the manufacturer’s recommendations and not modify, interfere or tamper with it, (iii) not sell, lease or otherwise dispose of it without our consent, and (iv) except where you have purchased the equipment in installments, return the equipment to us at our request. Equipment rented from us remains our property, as does equipment purchased on an installment plan until all installments have been paid. We can replace any rented equipment at any time with new or refurbished equipment. Risk of loss or damage to rented equipment or equipment for which all installments have not been paid, rests with you and you will be responsible for replacing it or the replacement value, as the case may be, if it is lost, stolen, damaged, sold, or not returned. You should inform us immediately if equipment you have rented or are purchasing on an installment plan has been lost or stolen, or you suspect its unauthorized use.

    Equipment purchased from Distributel. Where you purchase equipment from Distributel, Distributel will not be liable for any loss or damage to that equipment which is not directly caused by us. The sale of any equipment is final and the equipment may not be returned or exchanged without our consent. Except for residents of Quebec: To the extent permitted by applicable law, and subject to any applicable statutory implied warranties, Distributel makes no warranties, representations or guarantees, express or implied, with respect to the availability, fitness for a particular purpose, performance, use, merchantability or non-infringement of the equipment. If the equipment comes with a manufacturer’s warranty, your only remedy for a warranty issue will be pursuant to that warranty.

    Distributel will replace any defective equipment with comparable equipment in accordance with the terms of the warranty. Any warranty we provide does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, you agree to notify us promptly so that we may arrange to make the necessary assessment.

    Equipment purchased from someone other than Distributel. If you do not buy or rent equipment from us, we will assume you have provided your own. When you use your own equipment, you are fully responsible for the operation of that equipment on our network, its configuration, compatibility and support, any repairs, and any damages or outages that result from its use. You are responsible for verifying with us that the model and type of equipment you’ve selected is approved for use on our network – you should do that before purchasing the equipment. Some limitations in firmware can prevent equipment not supplied by Distributel from connecting to our network, even if the model is approved, and some modems cannot be used on Distributel’s network due to limitations resulting from the modem certification processes of underlying network providers. If a model would otherwise work on our network, but the serial number is registered to an account with another service provider, it is possible that the modem will not work on our network. You acknowledge these limitations and release and indemnify us from any claim resulting from the use of, or inability to use, the Services or that equipment. This includes one-time non-refundable connection fees associated with activities like modem activation and setup. Distributel may credit these fees if you subsequently decide to purchase equipment from us.

    The equipment and software required to use the Services may change periodically and we reserve the right to make changes to equipment or software requirements where we consider it necessary. Unless otherwise specified by us, you are responsible for updating, maintaining or replacing your equipment to reflect these changes.

    You also agree to comply with all applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Services. These end user licenses will terminate upon termination of the Service unless otherwise specified.

    Distributel is not responsible for any information that is stored on equipment, and will not be liable for any loss of that information. Where possible, you should back up your information. Upon termination of a Service, we may delete any information, including files, programs, data, voicemails, or emails associated with the Service without further notice to you.

  8. IDENTIFIERS

    We will assign certain unique identifiers to you when providing the Services, including telephone numbers, IP addresses, and URLs. You acknowledge that you do not own any of these identifiers and agree that we may change or withdraw them at any time where we consider it necessary to do so without liability to you. We will give you as much notice as is reasonably possible in the circumstances. You acknowledge that telephone numbers assigned to you may be listed in telephone directories; however, in certain cases you may need to specifically request listings when ordering or porting numbers, or after installation.

  9. REMOTE SUPPORT AND MAINTENANCE

    You agree that Distributel may install, modify or remove software on the equipment to the extent this is necessary for the continued efficient operation of the Services. This includes installing periodic updates and bug fixes. You acknowledge and agree that in providing your Services, we may connect remotely to your equipment (including, but not limited to, your modem, Internet telephone adaptors, routers and set top boxes), either directly or through a third party, for the purposes of adjusting configurations, updating firmware, and related general maintenance.

    We perform maintenance from time to time on both a scheduled and emergency basis to ensure the continued operation of our network and services. You agree that we may interrupt the Services for technical or maintenance purposes where required. Where we can, we will give you advance notice of any maintenance.

  10. EVENTS BEYOND OUR CONTROL

    In addition to any other limitations on our liability, you agree that to the extent permitted by law, we are not liable for failing to meet our obligations under these Terms where that failure is due to causes or events beyond our reasonable control.

  11. ACCEPTABLE USE POLICY (“AUP”)

    You agree to abide by the Distributel Acceptable Use Policy which is attached to, and forms part of, this Contract. We may amend the AUP from time to time in accordance with the provisions of these Terms. Updates to the AUP will be posted at SCHEDULE D – ACCEPTABLE USE POLICY (AUP)

    Distributel reserves the right to investigate suspected violations of this Contract, including the gathering and examination of information from you or other customers and the complaining party, if any. We may suspend the provision of any Service during our investigation.

  12. GENERAL

    If any portion of your Contract is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will remain in full force or effect. If we fail to enforce any provision of this Contract, for whatever reason, that failure will not be considered a waiver of our right to enforce it. The Contract inures to the benefit of and is binding on your successors or assigns. We can assign or transfer all or any part of your Contract and the provision of your Services to another party. You must get written consent from us before transferring or assigning all or any part of this Contract. This Contract is governed by the laws of Canada, as well as any applicable laws of the Province in which your billing address is located.

  13. PRIVACY POLICY

    A copy of our privacy policy is available upon request, and can be viewed at www.distributel.ca/privacy.

  14. SERVICE-SPECIFIC TERMS AND CONDITIONS

A. HOME PHONE AND LONG-DISTANCE SERVICES

  1. The Service

    The Service may include local Voice over Internet Protocol telephone line(s) and/or a variety of long distance plans, each of which may be offered at flat rates and some of which may have usage dependent pricing. Home phone and long-distance services require a broadband Internet connection and a Customer supplied touch tone enabled telephone set, to be connected to a Distributel supplied (rental, rent to own or purchase) Internet telephone adapter (referred to as an “ATA”). Per minute Charges for long distance calling will change from time to time and are dependent on the domestic or international destination called. Long distance service gives you access to our most recent per minute rates for domestic and international calls which can be found at https://www.distributel.ca/shop/long-distance/.

    We provide the Services and any equipment to you for personal, residential and non-commercial use. You agree not to use the Services for any commercial activities including but not limited to telemarketing, autodialing, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage. You are not permitted to resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent.

  2. Your responsibilities

    You are responsible for all Charges arising from the use of the Services or hardware whether or not you authorized them, and whether or not you were aware that they were being incurred by other users of your Services. This includes collect-call charges, toll charges, 10-10 type usage-dependent charges, fees for directory assistance, and charges passed through from third party service providers whose services you use. You are responsible at all times for ensuring that your service does not allow, and must take steps to prevent, unauthorized access to the Services. This includes, but is not limited to, setting strong passwords and limiting physical access to equipment.

    You agree not to use or permit the Service to be used for any of the following purposes:

    • Any use that prevents fair and proportionate use by others, or any usage in excess of reasonable amounts given your circumstances, or a usage pattern that is not typical of a residential subscriber in your circumstances.
    • Any illegal or fraudulent activity, or any activity which artificially increases Distributel’s costs.
    • Altering Caller ID information in a manner that would be deceptive or likely to create confusion or mistaken identity.
    • Misuse of calls to emergency services.
    • Activities which would be contrary to the Acceptable Use Policy.
  3. Long Distance

    You are responsible for all charges incurred for long distance calls, including when using Distributel supplied calling cards. The following additional conditions apply to long distance Service:

    • Long distance calls are rounded up to the nearest minute.
    • Long distance rates change from time to time. Current rates and charges for Long Distance are available by going to the following webpage: https://www.distributel.ca/shop/long-distance/.
    • Monthly allotted North American Long Distance minutes do not include calls to Alaska, Hawaii or the Canadian Territories.
    • You agree that it is your responsibility to safeguard access to any authorization codes for any calling cards and agree to be responsible for all charges incurred through a calling card. If your calling card is lost, stolen or misplaced, you must inform us to cancel the card. Until we receive notification, you are responsible for all charges.
    • Additional per call charges will apply for calls using the toll free (as opposed to local access dial) phone number.
    • Mobile Long Distance is currently available in Canada only without the applicable toll free access surcharge.
    • Applicable cellular air time charges will continue to be invoiced by your cellular service provider.
    • Mobile Long Distance can only be used to the extent that the “call block” or “don’t show number/ID” feature on the handset can be and is deactivated.
    • Mobile Long Distance may not be able to be utilized from Alaska, Hawaii and countries of American Commonwealth status (e.g. Puerto Rico and the Virgin Islands).
    Additional per minute surcharges may apply for all Long Distance Voice Services in respect of calls terminating on mobile phones or special country code terminations in certain countries.
  4. 911 service

    There are important terms, conditions and limitations related to the 911 service provided with your Home Phone Service. These are outlined in Schedule B – 911 Service – Terms, Conditions and Limitations. By activating your Home Phone service and your continued use of it, you acknowledge that you understand and expressly agree to those 911 service terms, conditions and limitations.

B. INTERNET SERVICES

  1. Use of the Service

    Distributel residential Internet Service is designed for personal use. You may not use the Service for commercial purposes. To ensure fair and proportional access to our network by all customers, you agree not to run disproportionately high-bandwidth or high-load servers or applications in connection with the Service. You are not permitted to resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent. The actual speed for your internet service may vary from the advertised speed due to a number of factors, including configuration of your equipment, internet traffic, the age and location of your computer in your home, whether you are on a wired or a wireless connection, etc.

    Where applicable, you must comply with any current data storage and other limitations on the Service. We reserve the right to change the Service’s data transfer speeds or data transfer thresholds upon notice, in accordance with the terms of this Contract.

  2. Your responsibilities

    You are responsible at all times for ensuring that your equipment does not allow, and must take steps to prevent, unauthorized access to the Services. This includes, but is not limited to, setting strong passwords, limiting physical access to equipment, and utilizing up-to-date anti-virus and firewall software. You are also responsible for any content uploaded, posted, published, stored, transmitted or accessed through the Service, and assume all liability in respect of that content.

    You agree not to use the Service for any fraudulent, improper or illegal purposes, including for any activity which would be contrary to the Acceptable Use Policy. In addition, you must ensure that your activities do not impede our ability to deliver the Services and run our network. You agree to the Internet traffic management policies (ITMPs) included in Schedule C – Internet Traffic Management Policies.

    You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software provided in connection with the Service. Unless you and Distributel agree otherwise, these licenses will terminate upon termination of the Service. In the event of any conflict or inconsistency between the terms of this Contract and any such license, the terms of this Contract will prevail.

    You acknowledge and accept all risks associated with your online activity including malware, viruses, data loss or theft, and any connection failure or network outages. We are not responsible for the delivery of email sent to any account which has been suspended or terminated.

C. TELEVISION SERVICES

  1. The Service

    Our television service is provided by TotalTV Inc. When you purchase television service through Distributel, you are also entering into an agreement with TotalTV Inc. for the provision of that service on the terms and conditions of this Contract and you agree to be bound by the provisions of this Contract with Total Inc. The Service is provided over a broadband high speed connection to a compatible HDMI, component video or composite video equipped TV or monitor supplied by you. The Service requires you to subscribe to a compatible Distributel broadband High Speed Internet product and requires the purchase or rent-to-own of additional equipment such as, but not limited to, set top boxes, power-line adapters (PLCs), and a router.

    The Service and any equipment is provided or sold to you for personal, residential, non-commercial use only at the location identified in the Service order or Contract. You are not permitted to resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent.

    The Service delivers programming or on-demand content that some viewers may find objectionable. You agree that we are in no way liable for any content delivered, and you assume the full risk and responsibility of employing appropriate parental supervision and discretion in what programming is viewed. Any questions or concerns or complaints you have regarding such content must be addressed to the content provider.

    Channel lineups and availability will change from time to time as required by our provider. You agree that all programming is provided on an “as-available” basis, and that programming may be discontinued, changed, or interrupted from time to time by our provider, or as a result of circumstances beyond our control. In certain circumstances, we may authorize you to view programming on devices other than your television, as permitted by our provider. You agree to comply with any restrictions in respect of such viewing. You also acknowledge that viewing in this manner could result in additional data usage charges. Other than as authorized by us, you may not share your account with any other person.

  2. Your responsibilities

    You are responsible for the use of the Service by any person using your equipment, whether or not authorized by you, and you assume liability for that use of the Service, including any Charges incurred. This includes pay-per-use and video on demand charges which are passed through from third party service providers. You agree that your use of the Service, and that of anyone you allow to use the Service, will not breach the terms of the Acceptable Use Policy.

SCHEDULE A – CHARGES

CHARGE AMOUNT
Interest rate on overdue amounts 2% per month (26.82% per annum)
Reactivation Fee (account suspended) $20
Reactivation Fee (account terminated) $60
NSF / Returned Payment / Pre-Authorized Payment Denial $25
Bill Reprint Fee $5 if bill requested is more than 1 year old
Third-party technician charges, including for maintenance or repair $180 for first hour, $100 for subsequent hours.
Home Phone and Long Distance
Shipping Fee $5
Number Change $25
Rental equipment Non-Return Charge $50
Temporary Suspension of Service (minimum 4 weeks, maximum 6 months) $7 per month
911 Fee $1 per month
Internet
Move Administration Fee $60
Shipping Fee $10
Rental equipment Non-Return Charge (per item) $180
Temporary Suspension of Service (minimum 4 weeks, maximum 6 months) $60 per month
Plan downgrade fee $25
Television
Shipping Fee $10
Rental equipment Non-Return Charge (per item) $300

Due to the nature of the service, long-distance charges can change without notice. For our most recent per minute rates for domestic and international calls, please go to https://www.distributel.ca/shop/long-distance/.

SCHEDULE B – 911 SERVICE – TERMS, CONDITIONS AND LIMITATIONS

The 911 emergency service provided with your Distributel Voice over Internet Protocol (VoIP) Home Phone service differs in a number of important ways from Enhanced 911 (E911) dialing available with most traditional telephone services and has specific limitations related to E911. By activating your Home Phone service and your continued use of that service, you acknowledge that you understand and expressly agree to these 911 service terms, conditions and limitations.

  1. Limitations of VoIP 911 Service. When a Distributel VoIP 911 user dials 911, the user’s call is routed to an emergency services call centre, which is different from the public safety answering point that would answer a 911 call from a traditional telephone service. The user must be prepared to provide their name, telephone number, location, or if different, the location of the emergency, and information about the emergency at all times during the emergency call. The emergency service call centre operator will confirm whether the user is still located at the address the Customer has registered with Distributel, and if not, will ask for the user’s physical location. The operator will also ask for information about the user’s emergency, determine the appropriate emergency response agency to respond, and then transfer the caller to that agency. There may be an additional delay to transfer the user’s emergency service call to areas not served by traditional 911. When the user dials 911, they are not to hang up unless told to do so by the operator or the emergency service attendant. If the call is disconnected prematurely the user will need to call back immediately to re-establish a connection with the emergency services.
  2. You are responsible for keeping your contact information, including your name and service address, current at all times. In the event the user is unable to speak during a 911 call, the emergency services call centre operator will automatically dispatch emergency services to the address that you have registered with Distributel. If the service address that you have registered with Distributel is not correct, or if the information has recently changed or has otherwise not been updated, the emergency call may be transferred to the incorrect emergency response agency or emergency services may dispatched to the incorrect address. If the user dials 911 when they are outside of Canada or the United States, the emergency services operator will advise them to hang up and find a local telephone line and dial the appropriate emergency services (which may not be 911).
  3. Informing others of VoIP 911 Service Limitations. You are also responsible for informing others who may use your Services of the limitations of Distributel’s VoIP 911 service as compared with traditional 911 service, as set out above. If a user is not comfortable with the limitations of Distributel’s VoIP 911 service, you should arrange an alternate means of accessing traditional 911 services.
  4. Power or Broadband Outage. The functionality of VoIP 911 may cease or be curtailed as a result of, but not limited to, power disruptions, outages or congestion on your Internet Service Provider’s network, Service outages, and Service suspensions or disconnections. A power failure, disruption of Service, or disruption of the Customer’s Internet service may require the Customer to reset or reconfigure equipment prior to using the 911 service. You acknowledge that the service may not function in the event of an outage, malfunction or any other unavailability of your Service or Internet connection or related equipment, including without limitation, from improper modification or any tampering with your computer or related software or hardware.
  5. Activation and Nature of 911 Service. Distributel’s 911 service is available upon Service activation. Applicable 911 fees are charged as of the service activation date; the Customer will continue to be billed for the service until the Customer or Distributel terminate the service in accordance with the Contract between you and Distributel.
  6. Limitation of Liability and Indemnification Pertaining to 911 Service. You acknowledge and agree that Distributel will not be liable for any delay or failure to provide 911 service, at any time or from time to time that arises from circumstances beyond the reasonable control of Distributel. You agree to defend, indemnify, and hold harmless Distributel, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to you or Distributel in relation to your Contract or the Services from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you, any third party or user of your Services relating to the absence, failure or outage of the Service, including 911 dialling and/or inability of you or any third party or user of your 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 the provision of incorrect information to Distributel in connection therewith.
  7. 911 VoIP Service – User Tips

    • In an emergency, dial 911 to reach the emergency services call centre operator.
    • Be prepared to provide your physical location, call-back number, and nature of the emergency.
    • Do not hang up unless instructed to do so.
    • If you get disconnected, please redial 911 immediately. The emergency services call centre operator, if they have your number, will also attempt to call you back.
    • Ensure that your VoIP service and Internet service is configured and initialized correctly and that the address registered with your VoIP service is always up-to-date since the emergency services call centre operator may assume that you are at the last registered address if you are not able to speak during a 911 call.
    • Inform all users and potential users of the limitations of VoIP 911 service and about these user tips.
    • Display the VoIP 911 warning sticker on the telephone set or in a location that is clearly visible to all users and potential users.
  8. Updates to 911 Service terms. The information contained in this VoIP 911 Service Agreement may be updated and revised from time to time. Updates and revisions are available on our website at: https://www.distributel.ca/terms-and-conditions/#911EN

SCHEDULE C – INTERNET TRAFFIC MANAGEMENT POLICIES (ITMPs)

Distributel uses the following ITMPs:

For Ontario and Quebec Customers: Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by Distributel for our Internet Services. While Distributel is constantly investing in its network in order to ensure a high-quality Internet service, significant increases in traffic demand may occasionally result in congestion on our shared networks.

Distributel has designed its Internet quality management system to minimize the impact for most users during congestion periods. This system identifies types of Internet traffic that are more sensitive to congestion and delays and prioritizes that traffic when necessary. Internet traffic is identified and, if necessary, prioritized based on four groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second and third priority groups consist of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The fourth group includes applications that are traditionally less popular with our customer base as a whole. Normally no prioritization of traffic occurs as network capacity is more than sufficient to handle the traffic volume. However, if we experience periods of congestion, delivery of more time-sensitive traffic will be prioritized to ensure an overall high-quality internet experience for the most users possible. During congestion periods, you should see no change in the quality of your Internet experience when using time-sensitive Internet applications. You may notice a decrease in download/upload speeds if you are using non-time-sensitive applications until the temporary network congestion has passed.

For Alberta and British Columbia Customers: Distributel customers in Alberta and British Columbia are subject to ITMPs that are imposed on us by our network suppliers. We use the same traffic management policies as these suppliers to ensure proportional access to located in Alberta and British Columbia. Some Peer-to-Peer (P2P) applications used for non-real-time file sharing can consume a disproportionate amount of upstream bandwidth causing disruption to other users on the network. These traffic management policies were introduced to address any upstream congestion caused by these P2P applications while standard network expansion activities are undertaken to increase the bandwidth availability for all users. The traffic management policies come into effect only if upstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of upstream bandwidth available for P2P applications completing non-real-time file transfer activity to 80 kbps per end-user. These ITMPs do not affect download speeds and will not affect real-time interactive activities such as on-line gaming, banking, email or VoIP services. For the majority of customers, the Internet experience is unaffected by the traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application. Distributel’s ITMPs use IP addresses to make real-time traffic management decisions in relation to the network. Since IP addresses have the potential to be linked to an individual’s customer account, IP addresses could be considered personal information. The traffic management policies implemented by Distributel do not involve capturing, storing or archiving this information in any way.

SCHEDULE D – ACCEPTABLE USE POLICY (AUP)

Your use of the Distributel network and your Services is subject to the following:
  1. Your responsibilities. Your use of Distributel’s network and Services can impact how others use that same network and services. If you misuse the network or Services in a way which negatively impacts other customers or our ability to provide the network and Services, we will take the necessary steps to ensure a proportionate and reasonable use by all users. That means that, in addition to any breach of the Terms, if we reasonably believe that you have breached any provision of this AUP, we reserve the right to suspend, restrict or terminate your Services. You are ultimately responsible for the use of the Services, and any Charges arising from that use, whether or not the Services are used by you or someone else.
  2. Prohibited activities. While using the Services, you may not:
    1. use, or permit the Services to be used, for any illegal purpose (which includes, but is not limited to any purpose which would be contrary to any applicable law as defined in the Terms), or for any activity which could reasonably be considered to harm others;
    2. post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
    3. 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;
    4. post or transmit any information or Software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;
    5. upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, Software or other material which:
      1. is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s);
      2. is defamatory, obscene, child exploitation or hate speech; or
      3. constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;
    6. use the Services and any equipment for any activities other than personal, residential and non-commercial use;
    7. resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent;
    8. engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
    9. use the Service for simultaneous sessions using the same User ID and Password.
  3. Your equipment. You are responsible for ensuring that any equipment needed to use the Services (whether provided by us or you), meets the minimum requirements for using the Services. From time to time, the equipment required to access and use the Services may change, and your equipment may cease to be adequate to access and use the Service. In that case, you are responsible for upgrading your equipment.
  4. You can best control the risk and therefore are responsible. Distributel assumes no responsibility for your acts or omissions, or for those of any individual who uses your Services. A person who can access your Services can cause damage, incur expenses and enter into contractual obligations while using those Services. As between Distributel and you, you are better able to put in place safeguards to prevent the inappropriate use of and to supervise your Services, and as a result, all such matters are your responsibility. Account and password protection, and properly securing any equipment (for example, computers and routers), is your responsibility.
  5. Monitoring. Distributel has no obligation to monitor the Service. However, we are entitled to electronically monitor the Service from time to time and disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect ourselves or others. Distributel will not intentionally monitor or disclose any private e-mail message unless required by law. Where a Distributel service is used to publish or host content, we reserve the right to remove any information or materials, in whole or in part, that we determine, in our sole discretion, are unacceptable, undesirable, or in violation of applicable law.
  6. Content. You assume total responsibility and risk for access to or use of content, for ownership of any content you make available to others, and for your use of the Service and the Internet. Distributel and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to these activities.
  7. Privacy. You acknowledge that Distributel cannot guarantee complete privacy when using our services. Any such use shall be at your sole risk and Distributel, its affiliates and its agents shall be relieved from all liability in connection therewith.
  8. E-mail. Sending unsolicited e-mail messages, including, without limitation, commercial advertising and informational announcements, is prohibited. We reserve the right to filter emails that we determine to be spam, and to set limits on the number of messages customers can send or receive through email.
  9. System and network security. You are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Distributel’s or a third party’s network, data or information. You agree not to monitor Distributel’s or any third party’s data, systems or network traffic, or interfere with the service provided to any user, host or network including without limitation, mail bombing, flooding, and deliberate attempts to overload a system and broadcast attacks. You agree not to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting. You agree not to reverse-compile, disassemble or reverse engineer any applications, programs or software provided to you by us, including where we provide this under licence from a third party.
  10. Harassment or abusive behaviour. We commit to treat you with respect in all your dealings with Distributel, and expect the same from you. You agree not to engage in behaviour towards us which is harassing or abusive, whether verbally or otherwise.

Nothing contained in this policy shall be construed to limit our actions or remedies in any way in response to any of the foregoing activities. We reserve the right to take any and all additional actions we deem appropriate with respect to such activities. Complaints regarding email, SPAM or Illegal Use or System or Network Security issues, should be sent to abuse@distributel.ca. We also reserve the right to amend this AUP from time to time.