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The agreement is between you and:
(“Distributel”, “we” or “us”).
We are federally regulated and the Agreement is governed by the federal laws of Canada, including the CRTC’s Internet Code and Television Service Provider Code. More information about these Codes can be found at crtc.gc.ca. Provincial laws may also apply.
Your service details, these terms of service and any attached schedule form your agreement with us (“Agreement”). You accept the terms of the Agreement by ordering or using the Services.
The Agreement covers the Services we provide to you, including:
(together, “Services”; references to “equipment” mean both Our Equipment and your equipment).
Services are provided with no set period except if you agree to a term of greater than 1 month (“Commitment Period”). At the end of any Commitment Period, we will continue to provide the Services to you without a set period, at the then-applicable rates.
We may change the Services and any term of the Agreement, including increasing the Charges (see Section 11). If required, we will give you notice of these changes in writing, at least 30 days (60 days for certain changes related to Internet Services) before the effective date, using a reasonable method to bring it to your attention, for example by posting it on distributel.ca, by including it on or with your bill, by mail, email or text message.
Where required by applicable law:
If you refuse the change, your remedy is to cancel the impacted Service or the Agreement (see Sections 46 and 47).
No other statements (written or verbal) will change the Agreement.
You may not make any changes to these terms of service.
You may be able to add, change or remove a Service. In certain circumstances, you may have to pay a Cancellation Charge (see Section 47). Check your plan details, MyAccount (ecare.distributel.ca), distributel.ca or contact us to see if additional charges apply.
If you move, you may need to change your Services, plan, or phone number. Certain Services and plans are available only in certain locations.
You may not transfer or assign the Agreement, your account or the Services (including monthly minutes or data) without our written consent. We may transfer or assign all or part of the Agreement (including any rights to accounts receivable). We may also move the Services to other networks or platforms, or change suppliers.
We are accountable for how we collect, use and disclose your personal information. Our Commitment to Privacy, at the end of these terms, is a summary of our Privacy Policy and highlights important points that may be of interest to you. See our Privacy Policy at distributel.ca/privacy.
To assess your creditworthiness, update your information, activate the Services or to assist in collection efforts, we may:
We may also require a security deposit (see Section 18).
“Our Companies” include:
You are responsible for updating:
Check MyAccount (ecare.distributel.ca) or call us to confirm the information we have is correct.
You can unsubscribe from commercial electronic messages and you can opt out from telemarketing messages by calling us.
You will continue to receive Service related communications even if you choose not to receive marketing communications.
You are responsible for deleting any personal information on the equipment.
The charges for your monthly plan are billed in advance.
Other charges, which do not form part of your monthly plan, may include and are billed as follows:
(together, “Charges”). Applicable taxes are extra.
We bill you monthly and your payment is due upon receipt. Your bill sets out acceptable payment methods.
If you don’t pay your bill in full by the next bill date, you will be charged interest on the balance owing, at the interest rate of 2% per month (26.82% per year), calculated and compounded monthly from the bill date (“Late Payment Charge”). We may refer your account to collection agencies if you fail to pay the Charges owing to Our Companies referred to in Section 7.
If your payment is refused by your bank for insufficient funds, a charge may apply.
You allow us to charge your credit card or debit your bank account for all Charges when:
If you dispute any Charges, do so within 90 days of the bill date. Disputed Charges are not considered past due unless we conclude that the Charges are correct. You must pay all undisputed portions of the Charges within 30 days of the original bill date, failing which you will be charged the Late Payment Charge for the undisputed portion.
We may apply any credits, incentives or offers (including for bundles of Services or multiple Services) to your account while:
We may change any credits, incentives or offers and the eligibility requirements at any time.
Before you make changes to the Services (including TV programming or features), review the restrictions and eligibility requirements, as certain changes may result in loss of, or changes to, credits or offers.
Credits may not apply to partial billing periods. This means, for example, if a Service is cancelled in the middle of a billing period, we will not apply the credit for that partial billing period.
Long distance calls are rounded up to the nearest minute (for example a 9 minute and 14 second call will be rounded up to 10 minutes). See distributel.ca/shop/long-distance for long distance rates. Data usage is rounded up to the nearest kilobyte (for example a 0.25 KB download will be rounded up to 1 KB).
You are responsible for all usage. This includes usage generated automatically by the equipment or apps. You will be billed any usage that goes over the usage limits of your plan or add‑ons at the rates set out in the Agreement, MyAccount (ecare.distributel.ca) or distributel.ca.
A deposit may be required and if so we will provide you with the reason.
We will apply the deposit and any earned interest against the outstanding Charges or other amounts you owe to us and/or any of Our Companies. We will refund the balance of the deposit, if any, when:
In exceptional circumstances, we may also require you to pay the Charges on an interim basis. If this happens, you must pay these Charges on or before the required due date to avoid cancellation or suspension of the Services.
If you have another account with one of Our Companies that is in arrears, we may bill you for, collect or set off any amounts owed. If you don’t pay these arrears, we may also refuse to provide you with Services.
We may not be able to install or provide the Services in certain circumstances, including:
In such cases, we may need to make changes to the Services.
We may also refuse to install or continue to provide the Services to you if we would have to incur commercially unreasonable expenses not supportable by your Charges.
The performance, speed, or availability of the Services may be impacted by several factors, including:
We are not responsible for other services you have that may be impacted by the performance, speed, or availability of the Services, for example:
The Services will not work during a power outage if there is no battery backup or once the battery is depleted. Third-party communications services or equipment, monitored security alarms or monitored medical devices (including some monitored by us) may also not work in such circumstances.
For Home Phone, access to 9-1-1 will also not work during a power outage. We recommend you have another way of contacting 9-1-1 emergency services, for example, a mobile phone.
Access to 9-1-1 emergency services may not work when the Services are not available (see Section 21). We are not responsible for any inability to access 9-1-1 emergency services.
When you call 9-1-1 using a traditional wireline phone service, your emergency call and location information are automatically sent to the nearest emergency centre.
For calls made using a nomadic VoIP phone service, there are important limitations. Your call and location information are not automatically sent to the nearest emergency response centre. You must inform anyone using the VoIP Service about these limitations. The call is first answered by a third-party operator which is different from the public safety answering point that would answer a 9-1-1 call from a traditional telephone service. You must be ready to provide your location to the operator who will then route the call to the appropriate emergency response centre. If you cannot speak, do not hang up. The location information we have on file will be transmitted to the operator who will then route the call based on that address. This is why it is crucial that you keep your location information up-to-date on MyAccount (ecare.distributel.ca) or by calling us at 1 647 367-1764 or 1 877 810-2877.
For calls made outside of Canada, please use another phone service. An operator may answer the call but may not be able to transfer it to the appropriate emergency response centre.
You do not own any assigned phone number or identifier. We may change, withdraw or reassign any phone number, email address or other identifier.
When you subscribe to our Services, tell us you wish to transfer the services and your phone number from your existing provider. We can then contact that provider on your behalf to cancel the services and complete the transfer. Most phone numbers can be transferred but not all.
When you transfer your Services to another provider, we are not responsible for any interruption or disconnection of any service or loss of any credit or offer associated with a transfer request. A “transfer” of a phone number does not include the transfer of any associated services, including voicemails. Before your new provider cancels a Service on your behalf, it is your responsibility to review the impact such cancellation may have on your eligibility for any credit or offer.
We assume that you own or have the rights to use any content you upload or otherwise transmit using the Services. We may use your content in order to provide the Services.
You must comply with and we enforce the rules in the “Responsible Use Policy” (see Schedule A). We have the right (but not the obligation) to monitor the Services, including your use of the Services and the location of the equipment receiving the Services.
We may monitor or investigate any content, use of TV programming or your use of the Services, including bandwidth usage and how it affects Services and network operation and efficiency.
We may disclose any information required to ensure the Services are not being used contrary to the Responsible Use Policy, in accordance with our Privacy Policy.
We may use methods to manage our networks such as the prioritization or deprioritization and Internet traffic management practices, which may include:
In Ontario and the Altantic provinces, 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 we use for our Internet Services. While we are constantly investing in our network in order to ensure a high-quality Internet service, significant increases in traffic demand may occasionally result in congestion on our shared networks.
We have designed our 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:
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.
In Alberta, British Columbia, Manitoba, and Saskatchewan, ITMPs are imposed on us by our network suppliers. We generally use the same traffic management policies as these suppliers to ensure proportional access.
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.
The 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. Our traffic management policies do not involve capturing, storing, or archiving this information in any way.
The following network operators have their own traffic management policies that also apply to our customers whose service run on their networks: Eastlink (Bragg Communications Incorporated); Rogers Communications Canada Inc.; Shaw Cablesystems G.P.; Videotron Ltd.
You are responsible for:
If you don’t access content associated with your account, such as emails or voicemails, within a certain period of time or if the Service is cancelled, we may delete that content.
As part of the ongoing provision of Services, we may replace, modify or upgrade Our Equipment, networks and platforms. Rather than maintain existing technology, we may choose to replace it with alternative technology and you may need to provide us access to your premises (see Section 41).
You must ensure that your equipment remains compatible with the Services. If not, you will have to cancel the Services or you will continue to be billed.
We can modify our (or third party) software on the equipment to the extent these modifications are reasonably necessary for the continued efficient operation of the Services. We may also do so to ensure the software remains compatible and functions properly with technological improvements to the Services. These modifications may be required for you to continue receiving the Services.
We may provide TV programming from Our Companies or third parties. You may not rebroadcast, copy, share or transmit any TV programming in any form, or charge or receive a fee for same.
TV programming is restricted for your private viewing at your Service Address, other than as authorized on certain personal devices (see Section 36).
All TV programming is provided on a “subject to availability” basis and is subject to change. Any refund or credit for interruptions or unavailability is at our discretion.
Where permitted by the content or TV programming provider, you may view select content or programming on certain personal devices.
Viewing content or TV programming may be subject to data usage charges. Interactive services and applications may also incur additional data usage charges. You are responsible for any data usage charges.
A limit may apply on the number and type of devices that can be used.
You may order new TV programming (and obtain information about applicable Charges) or change your TV programming by contacting us.
Certain TV programming may be subject to a minimum subscription period. If you cancel, we will remove this TV programming as of the next billing period date after your request without credit or refund.
You may be able to:
Our Equipment remains our property. We may replace any part of Our Equipment with new or refurbished equipment. Our Equipment can only be installed and activated at the Service Address. If you rent Our Equipment and it is lost or stolen, you are responsible for all costs associated with us replacing Our Equipment.
You are responsible for installation and activation. If you do not install or activate the equipment within the time we specified, we may cancel your order and you must return Our Equipment (see Section 42).
You must give us (including our third-party agents or contractors) access to your premises, whether for your benefit or the benefit of others, to install, maintain, replace or upgrade:
Upon cancellation, you must return Our Equipment in good condition within 30 days. If not, we may charge a non-return charge.
In addition, at the end of Our Equipment’s useful life (as we determine), we may:
You are responsible for any damage you cause to Our Equipment.
To the extent permitted by applicable law, we make no warranties, representations, claims, guarantees or conditions, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Services, Our Equipment or equipment.
We assume no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Service.
The equipment you buy from us may be covered by a manufacturer’s warranty (see helpcentre.distributel.ca or review any warranty document provided with the equipment).
Any credit or refund for any service unavailability or service outage is at our discretion.
Our liability for all causes of action is limited to payment, upon request, for actual and direct damages up to a maximum amount equal to the Charges payable during any Service outage.
Otherwise, we are not responsible to anyone for claims, losses, expenses or any damages (including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages), including, as a result of:
We are not responsible for failing to meet obligations due to causes beyond our reasonable control, including:
Contact us to cancel any Service with the date on which you want the cancellation to be effective.
If a Service is cancelled, whether by you or by us according to Section 48, you must pay all amounts owing including, as applicable:
If you cancel all your Services and have a credit on your account for balances equal to or above $10 and under $500, we will mail you a cheque within 90 days of the date of the bill at the address we have on record. For other balances, contact us.
We can suspend or cancel any order, the Services in whole or in part, disable the equipment or terminate the Agreement, without notice, if you breach or fail to comply with any part of the Agreement, including if:
In taking any action under this Section 48, we will comply with the CRTC’s Deposit and Disconnection Code and the Internet Code, as applicable.
In addition, we can cancel any Service or terminate the Agreement upon a minimum of 30 days’ (60 days where required by applicable law) prior written notice to you, including where we stop offering a Service.
If the reason for suspension is not resolved within 14 days from the suspension date, we may cancel the Services (see Section 48). To resume the Services, you must pay any amounts owing and the applicable connection Charge.
The rights and obligations which by their nature continue beyond cancellation of a Service or the Agreement will remain in effect, including:
You can request alternative formats and find more information about our accessibility services through our Accessibility Services Centre:
If you (or a member of your household) are an Internet or a TV user with a disability, you are entitled to a trial period of 30 days to determine if your needs are met. During this trial, your available Internet usage is equal to the monthly Internet usage of your selected plan. For more information, contact the Accessibility Services Centre (see above) or see bce.ca/Accessibility_services.
If you have a complaint that we have been unable to resolve, you can contact the Commission for Complaints for Telecom-television Services (CCTS): P.O. Box 56067 – Minto Place RO, Ottawa, Ontario, K1R 7Z1. Toll-free: 1 888 221‑1687. TTY: 1 877 782‑2384. Fax: 1 877 782‑2924. Email: response@ccts‑cprst.ca. CCTS website: ccts-cprst.ca.
| Contact Information | Technical Support |
| By phone: 1 647 367-1764 1 877 810-2877 Monday to Friday, from 8 a.m. to 9 p.m. ET Saturday, from 9 a.m. to 6 p.m. ET Sunday, from 9 a.m. to 5 p.m. ET | By phone: 1 647 367-1764 1 877 810-2877 Monday to Sunday, from 8 a.m. to 12 a.m. ET |
| For information about how to escalate complaints within Distributel, see helpcentre.distributel.ca/filing-a-complaint |
This is our commitment to you:
Everyone using our Services must do so responsibly. This means any use shall:
In this policy, “use” includes but is not limited to enabling, facilitating, permitting or attempting. You are responsible for any use made through your account whether authorized by you or not.
You cannot abuse or misuse the Services or networks. For example, you engage in abuse or misuse when you:
If you abuse or misuse the Services or networks we may, immediately and without notice:
You must comply with and we enforce the rules in the “Responsible Use Policy” (see Schedule A). We have the right (but not the obligation) to monitor the Services, including your use of the Services and the location of the equipment receiving the Services.
We may monitor or investigate any content, use of TV programming or your use of the Services, including bandwidth usage and how it affects Services and network operation and efficiency.
We may disclose any information required to ensure the Services are not being used contrary to the Responsible Use Policy, in accordance with our Privacy Policy.]
We may use methods to manage our networks such as the prioritization or deprioritization and Internet traffic management practices, which may include:
In Ontario and the Altantic provinces, 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 we use for our Internet Services. While we are constantly investing in our network in order to ensure a high-quality Internet service, significant increases in traffic demand may occasionally result in congestion on our shared networks.
We have designed our 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:
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.
In Alberta, British Columbia, Manitoba, and Saskatchewan, ITMPs are imposed on us by our network suppliers. We generally use the same traffic management policies as these suppliers to ensure proportional access.
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.
The 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. Our traffic management policies do not involve capturing, storing, or archiving this information in any way.
The following network operators have their own traffic management policies that also apply to our customers whose service run on their networks: Eastlink (Bragg Communications Incorporated); Rogers Communications Canada Inc.; Shaw Cablesystems G.P.; Videotron Ltd.]
