THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 9-1-1 SERVICE
Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. Due to the limitations of the VoIP telephone services, your 9-1-1 call will be routed to a different location than that which would be used for traditional 9-1-1 dialling. Your call will be answered by a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you should be prepared to provide your name, address, and telephone number to the call centre.
9-1-1 calls made from locations outside of Canada cannot be completed by the 9-1-1 operator. The caller will be told to use an alternate service to dial 9-1-1;
How your information is provided: The VoIP service will attempt to automatically provide the 9-1-1 operator with the name, address and telephone number associated with your account. However, for technical reasons, the 9-1-1 operator receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the 9-1-1 operator of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site. You may update your contact information through Digitcom’s website.
Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with Digitcom.
Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, Digitcom recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
Customer Responsibilities: You agree to a) ensure your contact and address information on file with Digitcom is always accurate and kept up to date; b) to notify any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein; and, c) to display the current address and telephone number in a manner that will enable any user or potential users of your VoIP services to communicate the information during a 9-1-1 call.
Liability: Customers are advised to review this section with respect to Digitcom’s limitations of liability.
The parties agree that Digitcom shall in no event be liable to you or any other person for any indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profits of any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provision of service or in any way arising out of these Terms of Service and any related agreements, whether in an action arising out of breach of contract, breach of warranty, delay, negligence, strict tort liability, patent or intellectual property matters or any other legal or equitable theory. However, in the event a court of competent jurisdiction finds Digitcom liable, your exclusive remedy and Digitcom’s sole liability for damages to you for any cause whatsoever regardless of form of action, including negligence, shall be for direct damages only and, except in the case of death, bodily injury and physical damage to property, wholly caused by Digitcom’s negligence, shall not exceed an amount equivalent to the ordinary price of the relevant service purchased for one (1) month (to be determined as an average of billings in respect of such service over the closest previous three months in which there were no such problems or defects in the service). No action or proceeding against Digitcom may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms of Service.
Without limiting the generality of the foregoing, Digitcom is not liable to you, any other user or other person for damages resulting from:
• any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
• a user’s conduct, acts or omissions, or the operation or failure of your equipment or facilities;
• any event beyond the reasonable control of Digitcom including acts of God, inclement weather including but not limited to lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
• Digitcom’s failure, for any reason, to activate or have readily available service on the activation or Usage date requested by or conveyed to or by you;
• service interruptions, delays in communications, errors or defects in transmissions, or failures or defects in Digitcom services or facilities;
• any corrupted data, files or viruses which affect you or the Digitcom High Speed Internet service. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network of Digitcom or its suppliers as a result of your failure to properly secure your system may result in the immediate cancellation of your Digitcom High Speed Internet service; or
• any claims or damages relating to home networking or the use of a Digitcom supplied service Modem, even if the home networking or service Modem is provided, installed, maintained or supported by Digitcom. you acknowledge and understand that when using home networking or a service Modem, there are certain inherent risks (e.g., other users may gain access to your system or your services and accounts).
Without limiting the indemnification obligations in these Terms of Service, you further agree to indemnify and hold Digitcom, its officers, directors, employees, suppliers and agents harmless from any and all third party claims or actions arising out of any misrouted, blocked and/or delayed 9-1-1 emergency calls made using Digitcom’s Phone Service.
You agree that you will use the Services only for lawful purposes. You acknowledge that Digitcom may terminate Service immediately, without any notice and without any liability to You whatsoever, if, at the sole and unfettered discretion of Digitcom, you or any other user of the Services provided to you misuses or permits others to misuse or abuse any Service for purposes that are contrary to law or contrary to these Terms of Service, or in order to preserve the integrity of Digitcom’s network, or to comply with any applicable laws, regulatory orders or tariffs.
You acknowledge and agree that you shall be liable for any and all use of the services associated with your account or your telephone number, and you remain solely responsible for all use of service ordered or billed to your telephone number(s), including any unauthorized use, and for determining who is authorized to use the services in your place, and for promptly notifying Digitcom of any unauthorized use. You agree to indemnify and hold harmless Digitcom against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use.
In subscribing for the services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the services (except as mandated by the CRTC in respect to telephone number porting where available). Digitcom will notify you if it decides to change or re-assign any telephone number assigned to you.
Fees. Customer agrees to pay to Digitcom Canada Inc. the fees and other charges described relating to the Services set forth in their agreement. All prices set forth in the agreement are exclusive of applicable federal and provincial taxes. Customer shall be responsible for all installation and monthly charges for each Service ordered for the duration of the term specified for that Service as contained on the order submitted.
Price Protection. Except as expressly set forth in the Agreement, the standard prices for the Services will be firm throughout the initial term of the Agreement. Digitcom Canada Inc. will not increase Fees during the term of the Agreement. In any subsequent term Digitcom Canada Inc. may only increase the Fees during the subsequent term if they have provided at least thirty (30) days written notice of the Fee increase prior to the commencement of the subsequent term.
Billing Procedure. At the beginning of each month Digitcom Canada Inc. will provide to Customer an invoice for all Fees relating to the Services for the applicable billing period and Customer shall pay all such amounts upon receipt of the invoice.
Early Termination and Other Fees. The minimum term for any Service ordered shall be twelve months from the date that Service commences. If the Customer terminates the Services prior to the expiry of the Term, Customer shall pay to Digitcom Canada Inc. in one lump sum a deficiency fee equal to 100% of the Monthly Rate times the number of months remaining in the Term. Customer shall be liable for all costs incurred by Digitcom Canada Inc. arising from Customer’s early termination of any connectivity ordered from Digitcom Canada Inc. Digitcom Canada Inc. shall have the right to apply any Customer deposits, advance payments or other credit balances attributable to Customer in satisfaction of any termination or other Fees arising under this Agreement.
Marketing and email: Customer acknowledges that Digitcom does marketing and product announcements through email. Customer agrees, unless notified otherwise, that the agreement express implies consent to send marketing and communication through mail, phone, and email communications.
Renewal. The Agreement shall automatically be renewed for successive one-year terms on the expiration of any term unless, at least 30 days prior to the expiration, Digitcom Canada Inc. or Customer delivers a cancellation and non-renewal notice to the other party, in which event this Agreement shall terminate at 11:59 p.m. on the day of expiration.
Termination by Either Party. Either party may terminate the Agreement upon written notice to the other in the event that the other party (i) is in material breach of a provision hereof and such breach is not cured within thirty (30) days after written notice of such breach (and for purposes of this clause, late or non-payment by Customer constitutes a material breach), or (ii) becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors, if such proceedings are not dismissed within sixty (60) days after commencement