This is an agreement between you and Bell MTS, a division of Bell Canada (“Bell MTS”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of the forborne IP relay service and associated telecommunications services that Bell MTS provides (the “Services”). The Service Terms, together with Bell MTS rules and policies applying to the use of the Services, any terms stated on your bill and the prices, discount rates and other terms applicable to the Services of which Bell MTS notifies you, form the agreement between you and Bell MTS for the Services (the “Agreement”).
For the purposes of these Service Terms, “you” refers to the person or business whose name appears on the Service registration and bill.
- Service Description – The Service is accessed through the Internet via a compatible device and a secure web page. You are responsible for obtaining the applicable Internet access service and compatible device required to access the Service. The Service is a text based form of message relay service that uses the Internet and compatible device to facilitate communication with hearing persons via an operator. Once a call is initiated by you, a specially trained operator will attempt to connect your call to the hearing person for whom the call is intended and once connected relay the conversation by voice. The Service is for individual use only. Any other use of the Service is strictly prohibited. Although the Service is intended to be available 24 hours a day, 7 days a week, technical or service interruptions may arise which can result in the Service being temporarily unavailable. Bell MTS makes no warranty that the Service will be uninterrupted or error free or that defects to the Service will be corrected. Bell MTS may deny or limit the use of the service for any lawful reason. IP Relay services are offered by a third party service provider and not by Bell MTS. The service maybe conducted outside of Canada.
- Permissible Call Types – The Service permits you to place certain Internet relay calls using the Services as set forth in the Bell MTS website located at http://www.bellmts.ca/iprelay(“Service Web Site”). 900 pay-per-call and any other types of calls, of which Bell MTS notifies you, are not permitted. The Service is not designed for emergency call, nor should it be used as a substitute for 9-1-1 services. You acknowledge and agree that:
- in regard to a call to the emergency telephone number 9-1-1, use of the Service may result in calling line identification being delivered to Bell MTS’s network;
- the use of calling line identification in association with Service could result in calls originating from a location other than the location associated by Bell MTS with the calling line identification for that number;
- if, in dispatching emergency services in response to a call to 9-1-1, reliance is placed on information associated with the calling line identification received by Bell MTS’s network in conjunction with the call to 9-1-1, emergency services may not be routed to the location from which the call to 9-1-1 originated; and
- in regard to a call to 9-1-1, you or any person using the Service or any services used in conjunction with Service is responsible to provide complete and accurate information relating to the actual location of the emergency situation to the emergency services call operator.
Without restricting any other indemnities set forth herein, you are responsible and shall indemnify Bell MTS for, and save Bell MTS harmless from and against, all charges, losses, costs, liabilities and damages of any kind whatsoever related to emergency services being dispatched to a location other than the location from which the call to 9-1-1 originated as a result of:
- any use by you of the Service that results in the location associated by Bell MTS with a calling line identification being a location other than the location from which the call to 9-1-1 originated; or
- the failure by you or any person using the Service or any services used in conjunction with the Service to respond, or provide complete or accurate information, to a 9-1-1 or emergency call operator requesting a response or information in order to properly dispatch emergency services.
- Your Responsibilities – You are required to be properly registered via the Service Web Site and have a Bell MTS billing account in order to use the Service. Your phone number must be the one that is currently on file with Bell MTS. Bell MTS Service can only be used in areas where Bell MTS offers service. The Service cannot be used anywhere else. You must obtain an Internet access service and provide compatible end user equipment for use with the Service.
- Other Documents – You will sign any authorizations required by other companies in order for Bell MTS to provide the Services.
- Long Distance Charges – If, in using the Service, you use Bell MTS long distance services and the long distance services are not subject to an agreement between you and Bell MTS, Our Unregulated Terms of Service and any applicable toll schedule shall apply and are incorporated by reference and form part of this Agreement.
- Amendments to this Agreement – Bell MTS reserves the right to amend these Service Terms, including rates and additional charges, at any time by giving 30 days notice. Bell MTS will notify you of amendments to these Service Terms by posting notice of the amendment at the Service Web Site, or by sending you notice on your monthly bill or email bill notice that the Service Terms have been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to the Service Terms is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Service Terms, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Service Terms.
- Your Account – You represent and warrant that you have reached eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify Bell MTS, by means specified on the Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to Bell MTS, as requested, to stop and/or remedy any breach of security.
- Customer Information – You agree that the Bell MTS Privacy Code, as it may be updated from time to time (the “Privacy Code”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by Bell MTS and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the Privacy Code and acknowledge that those purposes include the exchange of your account and usage information with other Bell MTS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs. By using the Services and incurring charges for such use, you authorize Bell MTS to obtain information about your credit history from credit reporting agencies, credit grantors and other Bell MTS companies from time to time, and consent to the disclosure of your credit history with Bell MTS to such entities at any time. You agree to provide true, current, accurate and complete customer information as prompted by Bell MTS’s registration processes or as otherwise requested by Bell MTS or its agents and you agree to promptly notify Bell MTS, by means specified on the Services Web Site, of any changes to this information as required to keep it current, complete and accurate.
- Billing and Payment – Bell MTS may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by Bell MTS. If Bell MTS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to Bell MTS. The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as Bell MTS may determine from time to time. Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless Bell MTS correctly bills the charge within one year from the date it was incurred. In these circumstances, Bell MTS will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit. All bills are due upon receipt. Bills made available through the Internet are received when they are posted. Charges not paid before the end of the grace period shown on your bill are assessed a late payment charge of 2% per month (26.82% per year), calculated from the billing date for those charges, which you must pay in addition to all other amounts owing to Bell MTS. Administrative and collection charges may apply, in accordance with Bell MTS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform Bell MTS of any change to your account information for pre-authorized payments. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. Bell MTS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment. Bell MTS may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with Bell MTS or do not provide other proof of creditworthiness satisfactory to Bell MTS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with Bell MTS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. Interest on any security deposit required by Bell MTS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank, shall be credited to your account monthly. Bell MTS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
- Acceptable Use of the Services – You agree that you will comply with all applicable laws in connection with the use of the Service, and agree that you will not use the Service for any unlawful, abusive or fraudulent purposes, including any use that (i) interferes with or prevents other users from accessing and utilizing the Service, (ii) avoids your obligation to pay for pay-per-call services or services outside the scope of these Service Terms, or (iii) otherwise violates Bell MTS’s Terms of Service, as it may be updated from time to time. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out or referenced above, which involves your account, you agree to immediately notify Bell MTS and provide Bell MTS with assistance, as requested, to stop and/or remedy such violation. Without limiting any of Bell MTS’s rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, Bell MTS may suspend, restrict or terminate your Services account without notice if, in Bell MTS’ sole and absolute discretion, you have violated any of the acceptable use rules set out or referenced above. You acknowledge and agree that Bell MTS shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.
- Service Changes – You agree that, to maintain or improve the Services or for other business reasons, Bell MTS may change the Services rates, service plan features, e-mail addresses, minimum or compatible equipment requirements and any other aspect of the Services at any time, without notice or liability, at Bell MTS’ sole and absolute discretion.
Notwithstanding the foregoing, Bell MTS will use reasonable efforts to notify you via e-mail to your primary Bell MTS e-mail address, of any material increases in the recurring, regular Services rates for your account.
- Disclaimers – You acknowledge and agree that:
- All use of the Services is at your own risk;
- The Services are provided on an “as is” and “as available” basis;
- Bell MTS does not guarantee error-free or uninterrupted operation of the Services; and
- Bell MTS is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of provision or maintenance of the Services.
Bell MTS makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services, any other products or services supplied under this Agreement or the networks of third parties. Bell MTS expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.
- Limitation of Liability – In the event of any material breach of this Agreement by Bell MTS, your exclusive remedy shall be to receive payment from Bell MTS for your actual and direct damages resulting from such breach, to a maximum amount equal to the lesser of one hundred dollars ($100) or the total fees paid hereunder by you to Bell MTS during the three (3) months immediately preceding the relevant breach. In no event shall Bell MTS, its parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, suppliers, resellers and distributors (collectively, the ” Bell MTS entities” and each, a ” Bell MTS entity”) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever including, without limitation, damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to this Agreement or the Services, regardless of the cause of action and even if one or more of the Bell MTS entities have been advised of the possibility of such damages or losses including, but not limited to, damages or losses arising from or in any way related to the following:
- The performance of the Internet;
- Delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses or defects in the transmission of any information, material or data over or through Bell MTS’ systems or networks or the systems or networks of third parties; and
- The provision or maintenance of the Services.
Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation of certain types of liability so some of the disclaimers and limitations in this Agreement may not apply to you.
- Indemnity – You agree to indemnify and hold harmless each of the Bell MTS Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable Bell MTS Entity, which result from or relate to:
- access to or use, by you or any third party, of your Services account; or
- any of your acts or omissions including, without limitation, breach or non-performance of this Agreement and any violation of third party rights.
- Term and Termination – Bell MTS will provide the Services to you on a month to month basis on these Service Terms. Unless otherwise agreed, you may terminate this Agreement at any time by notifying Bell MTS at least 30 days in advance. You may be required to pay Bell MTS a termination charge in the amount specified on the Service Web Site, as liquidated damages and not as a penalty, in addition to any other amount then owing to Bell MTS, if you terminate this Agreement or if Bell MTS terminates the Services for any of the reasons listed below. You may also be required to pay a reconnection fee to have the Services reconnected. Bell MTS may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. Bell MTS may terminate the Services (i) immediately and without notice, where Bell MTS determines that you are using the Services contrary to the acceptable use provisions of this Agreement, (ii) upon three days written notice to you, if any amount owing under this Agreement or any other agreement for services provided to you by Bell MTS is in arrears, (iii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Bell MTS, (iv) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (v) for any reason, upon 30 days written notice to you. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
- Confidentiality – In relation to all telecommunications services provided by Bell MTS hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by Bell MTS regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by Bell MTS to anyone other than you; a person who, in the reasonable judgment of Bell MTS is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by Bell MTS to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of Bell MTS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by Bell MTS, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party. For the purposes of the above, you hereby expressly consent to the collection, use and disclosure by Bell MTS and its agents of your information, content and materials (including, without limitation, your personal information) solely to the extent such collection, use and disclosure is authorized under this Agreement.
- General – The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without Bell MTS’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Bell MTS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Bell MTS.