(Contact Bruce Telecom if you are not sure which Terms of Service apply to you.)
1. GENERAL
1.1 These Terms of Service (the “Terms”) apply to all Bruce Telecom services ordered or subscribed to by residential and business customers (the “Customer”) and form part of the Service Agreement, unless otherwise specified in a separate service-specific agreement.
1.2 Bruce Telecom offers services pursuant to the rules and regulations established by the Canadian Radio-television and Telecommunications Commission (the “CRTC”) in Decision CRTC 97-8, Local Competition, 1 May 1997 and other related decisions, orders and regulations issued or that may be issued by the CRTC. Bruce Telecom’s network is connected to other local Canadian carriers, telecommunication service providers or their agents/resellers that offer service in Bruce Telecom operating territory.
2. EFFECTIVE DATE OF CHANGES
2.1 Changes to these Terms, or changes in monthly recurring rates and usage-based services take effect on their effective date as established by Bruce Telecom even though the Customer may not have received prior notification or been billed at the old rate.
2.2 The old non-recurring charges apply where services which were to be provided by a certain agreed-upon date was, through no fault of the Customer, not so provided and in the meantime a rate increase has gone into effect.
3. PROVISION OF SERVICE
3.1 Bruce Telecom is under no obligation to provide service to an Applicant where:
(a) Bruce Telecom would have to incur unusual expenses which the Applicant will not pay; for example, for securing rights of way or for special construction; or
(b) The Applicant owes amounts to Bruce Telecom that are past due; or
(c) Bruce Telecom has terminated the service in the past due to non-pay; or
(d) The Applicant does not provide a reasonable deposit pursuant to these Terms; or
(e) Bruce Telecom does not provide the requested service in the Customer’s location.
4. COMPANY EQUIPMENT
4.1 Upon termination of service, the Customer shall promptly return Bruce Telecom equipment.
4.2 If any Bruce Telecom equipment is not returned following cancellation of service, or is returned in unsatisfactory condition, is damaged, broken or pieces missing, Bruce Telecom will charge the Customer a flat fee and the Customer is responsible for all charges as billed.
5. COMPANY FACILITIES AND RIGHT TO ENTER PREMISES
5.1 Bruce Telecom has no obligation to maintain or repair facilities or equipment leased or owned by the Customer. However, upon request by the Customer, Bruce Telecom may provide repair service to the Customer’s facilities and equipment, such as repairs to inside wire and/or installation or repair of jacks at the cost to the Customer for labour, equipment and expenses.
5.2 Bruce Telecom’s agents and employees may, at reasonable hours, enter premises on which service is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving Customer-provided facilities.
5.3 Prior to entering the Customer’s premises, Bruce Telecom must obtain permission from the Customer or other responsible person.
5.4 Entry is not subject to sub-section 5.2 and 5.3 in cases of emergency or where entry is pursuant to a Court Order.
5.5 Upon request, Bruce Telecom’s agent or employee must show valid Bruce Telecom identification prior to entering premises.
6. SECURITY DEPOSIT
6.1 Bruce Telecom may request a security deposit from the Customer if the Customer:
(a) has no credit history with Bruce Telecom and does not provide satisfactory credit information;
(b) has an unsatisfactory credit rating with Bruce Telecom due to payment practices in the past regarding Bruce Telecom’s services; or
(c) Presents an abnormal risk of loss at the discretion of Bruce Telecom.
6.2 Any security deposit received will be credited to the Customer’s account after at least twelve (12) consecutive months in good standing on all service accounts. The Customer will not earn any interest on any deposit held by Bruce Telecom. If the Customer’s service is cancelled, the deposit will be applied against the outstanding balance on the Customer’s account and refund any remaining balance.
7. RESTRICTIONS ON USE OF SERVICE
7.1 Service may be used by the Customer and all persons having the Customer’s permission to use it. In the case of business telephone service, joint use is permitted only upon approval by Bruce Telecom.
7.2 The Customer is prohibited from using Bruce Telecom’s services or permitting them to be used for a purpose or in a manner that is contrary to the law or for the purpose of making annoying or offensive calls.
7.3 The Customer is prohibited from using Bruce Telecom’s services or permitting them to be used so as to prevent a fair and proportionate use by others. For this purpose Bruce Telecom may limit use of its services as necessary.
7.4 Bruce Telecom facilities must not be rearranged, disconnected, removed, repaired or otherwise interfered with except in cases of emergency. Terminal equipment provided by the Customer may be connected with Bruce Telecom facilities, pursuant to the provisions of a special agreement.
7.5 No payment may be exacted, directly or indirectly, from any person by any party other than Bruce Telecom for the use of any of Bruce Telecom services, except where otherwise stipulated by a special agreement.
8. CUSTOMER LIABILITY FOR CALLS
8.1 The Customer shall be responsible for paying for all calls originating from, and charged calls accepted at, the Customer’s telephones, regardless of who made or accepted them.
8.2 The Customer is responsible for all charges incurred on their Bruce Telecom calling card. In the event that the card is lost, stolen, or misplaced, the Customer must inform Bruce Telecom to cancel the calling card.
9. DISPUTE PROCEDURE
9.1 The Customer has the right to dispute any telephone charges on their billing statement that they believe is incorrect. If the Customer disputes a telephone charge, Bruce Telecom will investigate the claims, and will make the results of its investigation available. Bruce Telecom will not consider the charges that the Customer is reasonably disputing to be past due, but the Customer is required to pay the undisputed portion of the bill.
10. CONFIDENTIALITY OF CUSTOMER RECORDS
10.1 Unless the Customer provides express consent or disclosure is pursuant to a legal power, all information kept by Bruce Telecom regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by Bruce Telecom to anyone other than:
- The Customer;
- A person who, in the reasonable judgement of Bruce Telecom, is seeking the information as an agent of the Customer;
- 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 the Customer 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; or
- An agent retained by Bruce Telecom to evaluate the Customer’s creditworthiness or to collect the Customer’s account provided the information is required for and is to be used only for that purpose.
- A public authority or agent of a public authority, if in the reasonable judgement of Bruce Telecom, it appears that there is imminent danger to life or property, which could be avoided or minimized by disclosure of the information.
10.1(a) Express consent may be taken to be given by the Customer where the Customer provides:
- 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 the carrier; or
- Consent through other methods, as long as an objective documented record of Customer consent is created by the Customer or by an independent third party.
10.2 Bruce Telecom’s liability for disclosure of information contrary to subsection 10.1 is not limited by subsection 12.
10.3 The Customer may request a copy of Bruce Telecom records regarding the Customer’s service. Costs incurred will be applied to the Customer’s account.
10.4 Bruce Telecom may also release to a law enforcement agency, who provides the appropriate legal documentation, the identity of the service provider, but not the name of the Customer, associated with a specific telephone number.
10.5 An affiliate involved in supplying the customer with telecommunications and/or broadcasting 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.
11. BRUCE TELECOM INITIATED CHANGES IN TELEPHONE NUMBERS AND SERVICE ARRANGEMENTS
11.1 The Customer does not have any property rights in telephone numbers assigned to them. Bruce Telecom may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the Customer in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.
11.2 Whenever Bruce Telecom changes the Customer's telephone number on its own initiative, it must, unless there are insufficient central office terminations available, provide reference of call service without charge until termination of the Customer's service or distribution of updated directories for that district showing the new number, whichever occurs first.
12. LIMITATION OF COMPANY LIABILITY
12.1 Bruce Telecom shall not be liable for, but not limited to, any of the following:
(a) Damages, financial loss or loss of business incurred due to any delay, loss or disruption of service resulting from Bruce Telecom’s equipment or facilities, whether or not it may have been reasonably foreseeable by Bruce Telecom except as set out in 12.1 (b).
(b) Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Bruce Telecom facilities, Bruce Telecom's liability is limited to a refund of charges, on request, proportionate to the length of time the problem existed. With regard to long distance service and short period private line service, the refund shall be computed in a similar manner, provided Bruce Telecom is advised promptly of the problem. No allowance shall apply to any non-recurring charges.
(c) Any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Bruce Telecom does not directly serve;
(d) Defamation or copyright infringement arising from material transmitted or received over Bruce Telecom's facilities;
(e) Infringement of patents arising from combining or using Customer provided facilities with Bruce Telecom's facilities; or
13. BILLING AND PAYMENT
13.1 Monthly recurring charges for the services will be invoiced in advance and are due on the due date shown on the invoice.
13.2 The Customer will receive an email from Bruce Telecom once local service is in place setting out their account number and password along with instructions to access Online Advantage. This email will be sent to the email address given to Bruce Telecom when setting up the new service.
13.3 Customers who wish to receive a paper copy of the monthly bill will be charged $1.00 per month for this service.
13.4 For each dishonoured payment returned from a bank or other financial institution, for lack of sufficient funds or inability to process payment, Bruce Telecom will charge the Customer $20.00.
13.5 All prices and charges for the services are subject to and do not include all applicable taxes, including federal, provincial or local sales taxes.
13.6 Interest will be charged on all overdue amounts at a rate of 1.00% per month (12.68% annually) from the due date, until payment is received by Bruce Telecom.
13.8 In exceptional circumstances, for example when the Customer has incurred a significant amount of long distance charges and presents an abnormal risk of loss to Bruce Telecom, prior to the normal billing date Bruce Telecom may request payment from the Customer on an interim basis for the non-recurring charges that have accrued, providing the Customer with details regarding the services and charges in question. In such cases, subject to 13.10 the charges can be considered past due three (3) days after they are incurred or three (3) days after Bruce Telecom demands payment, whichever occurs later.
13.9 No charge disputed by the Customer shall be considered past due unless Bruce Telecom has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
13.10 Bruce Telecom may request immediate payment in extreme situations, provided that a notice has been issued pursuant to 13.8 and the abnormal risk of loss has substantially increased since that notice was given or Bruce Telecom has reasonable grounds for believing that the Customer intends to defraud Bruce Telecom.
13.11 The Customer is responsible to pay for all charges associated with use from the Customer’s premises, lines, calling card, internet connections or any such other service which the Customer has subscribed to through Bruce Telecom except as outlined in 14 and 15.
14. LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES
14.1 Unless there has been deception by the Customer with regard to a charge, the Customer is not responsible for paying a previously unbilled or under billed charge except:
(a) in the case of a recurring charge or a charge for an international long distance message that is correctly billed within a period of one (1) year from the date it was incurred; or
(b) in the case of a non-recurring charge, other than for an international long distance message, that is correctly billed within a period of 150 days from the date it was incurred.
14.2 In the circumstances described in subsection 14.1, unless there has been deception by the Customer, Bruce Telecom cannot charge the Customer interest on the amount of the correction.
15. LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVERBILLED
15.1 In the case of a recurring charge that should not have been billed or that was over billed, the Customer must be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, the Customer who does not dispute the charge within one (1) year of the date of an itemized statement which shows that charge correctly, loses the right to have the excess credited for the period prior to that statement.
15.2 Non-recurring charges that should not have been billed or that were over billed must be credited, provided that the Customer disputes them within 150 days of the date of the bill.
15.3 The Customer who is credited with any amount that should not have been billed or that was over billed shall also be credited with interest on that amount calculated as the Canadian chartered bank deposit rate for non-chequable savings deposits as published in the most recent Bank of Canada Review for the period during which the error occurred.
16. MINIMUM CONTRACT PERIOD AND CANCELLATION BEFORE SERVICE COMMENCEMENT
16.1 The minimum contract period for Bruce Telecom services is three (3) months commencing from the date the service is provided.
16.2 The Customer who cancels or delays a request for service before installation work has started cannot be charged by Bruce Telecom. Installation work is considered to have started when the Customer has advised Bruce Telecom to proceed, and Bruce Telecom has incurred any related expense. If the Customer cancels or delays a request for service after installation work has started, but before service has started, the Customer will be charged the lesser of the full charge for the entire minimum contract period plus installation charge and the estimated costs incurred in installation less estimated net salvage. The estimated installation costs include the cost of unsalvaged equipment and materials specifically provided or used plus the cost of installing, including engineering, supply expense, labour and supervision, and any other disbursements resulting from the installation and removal work.
17. CUSTOMER INITIATED TERMINATION OF SERVICE
17.1 Customers who give Bruce Telecom reasonable advance notice may terminate their service, after expiry of the minimum contract period of three (3) months, in which case they must pay charges due for service which has been furnished.
17.2 Before expiry of the minimum contract period, the Customer may terminate their service in which case they must pay full charges for the entire minimum contract period, or in the following circumstances, charges due for service which has been furnished, including costs for initiating service.
(a) In the event of the death of the Customer during the minimum contract period, the termination is effective from the date Bruce Telecom is notified of the death;
(b) Where the Customer’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the Customer’s control, so that they must be abandoned, the termination is effective from the date Bruce Telecom is notified;
(c) Where a change to the base rate, exchange or local service area affects the Customer’s service, the termination is effective from the date Bruce Telecom is notified of the Customer’s desire to terminate service;
(d) Where the Customer replaces any Bruce Telecom service with another Bruce Telecom Service, the termination is effective from the date of the replacement.
(e) Where the business Customer service is taken over without a lapse by a new business Customer at the same location, such assumption of service to be approved by Bruce Telecom, the termination with respect to the original Customer is effective from that date. However, if at that time the new Customer discontinues any of the original service or facilities, the original Customer must pay the full charge for such discontinued service or facilities for the entire minimum contract period;
(f) Where the circumstances specified in 17.2(a) through (e) do not apply, the minimum contract period is greater than three (3) months at the same location, and the Customer has given Bruce Telecom advance notice, the termination is effective when the Customer pays the termination charge for the service.
18. COMPANY-INITIATED SUSPENSION OR TERMINATION OF SERVICE
18.1 Bruce Telecom may suspend or terminate the Customer's service by giving reasonable notice where the Customer:
(a) Fails to pay an account that is past due; or
(b) Fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to these Terms; or
(c) Fails to comply with the terms of a deferred payment agreement; or
(d) Repeatedly fails to provide Bruce Telecom with reasonable entry and access in conformity with Sections 5.2 and 5.3; or
(e) Uses or permits others to use any of Bruce Telecom's services so as to prevent fair and proportionate use by others; or
(f) Uses or permits others to use any of Bruce Telecom's services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls; or
(g) Contravenes Sections 7.4 or 7.5; or
(h) Fails to provide payment when requested by Bruce Telecom pursuant to Section 13.10; or
(b) At any time, for cause, such as violation of acceptable use.
18.2 Except with the Customer consent or in exceptional circumstances, suspension or termination may occur only on business days between 8:00 a.m. and 4:00 p.m., unless the business day precedes a non business day in which case disconnection may not occur after 12 noon.
18.3 Suspension or termination does not affect the Customer's obligation to pay any amount owed to Bruce Telecom.
18.4 Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, Bruce Telecom must restore service during business hours on the next working day, at the latest, unless exceptional circumstances do not permit this, and no reconnection charges shall be levied.
19. UNSOLICITED TELECOMMUNICATIONS RULES
19.1 If the Customer is using Bruce Telecom services for telemarketing the Customer must follow the Canadian Radio-television and Telecommunications Commission (CRTC) Unsolicited Telecommunications Rules which can be found on the CRTC website.
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