IMPORTANT: These Terms and Conditions contain important information and limitations concerning your Bell Digital Voice Lite Service. You must read and accept these Terms and Conditions before activating your Bell Digital Voice Lite Service.
1. GENERAL.
Bell Digital Voice Lite service (the "Service") is provided to you by Bell in accordance with Bell Canada's Tariffs, including Bell Canada's Terms of Service, as approved or amended from time to time by the Canadian Radio-television and Telecommunications Commission (the "CRTC") and the terms set out below (collectively, the "Agreement").
2. THE SERVICE.
a. Service Description. The Service allows you to make and receive calls using your broadband Internet connection, router and a touch tone telephone. The Service allows for real-time conversations over the public Internet, using Internet Protocol technology. The Service also allows customers to originate and receive calls from the Public Switched Telephone Network (PSTN). The service includes a voice adapter and an account management application which you can access online with your user ID and password.
b. Your Account and Responsibility for Use through Your Account. Your access to and use of the Service is through an account (the "Account") identifying you as the Account holder through unique identification numbers transmitted by the Equipment (as such term is defined in paragraph 3 below) provided to you. In accordance with Article 9 of Bell Canada's Terms of Service, you agree that you are solely responsible for all access to and use of the Service through your Account, authorized or not, including without limitation, for all Fees (as defined in Section 6 below).
c. Normal Residential, Non-Commercial Use of Service and Equipment. You acknowledge and agree that the Service and the Equipment are provided to you for normal residential use. For greater certainty, you agree that you may not use the Service for any commercial or governmental activities, profit-making or non-profit, including but not limited to business, sales, telemarketing (including, without limitation, charitable or political solicitation or polling), autodialling, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. You agree not to resell or transfer the Service or the Equipment to any other person for any purpose, or make any charge for the use of the Service.
d. Use of Service Outside Canada. This is a regulated service that is intended for use solely in Canada. If you access or use the Service or the Equipment outside of Canada, you do so at your sole risk, including the risk that (i) you will not have access to emergency 9-1-1 service (as outlined in Section 4(e) below), and (ii) such access or use may violate local laws or regulations in the country where you do so. It is your responsibility to ensure that the Service and Equipment are used solely within Canada and that any removal from Canada of the Equipment does not violate any export control law or regulation including, without limitation, Canadian and United States export control laws and regulations. In addition, and without limiting the other rights and remedies of Bell under this Service Agreement, you agree that Bell shall incur no liability whatsoever as a result of any attempt to use the Service or the Equipment outside of Canada, and you further agree to indemnify and hold harmless Bell against any and all liability that may arise as a result of any such use (or attempted use) of the Equipment or the Service or any other violation resulting therefrom. Bell also reserves the right to terminate your Service immediately if it determines that you are using or attempting to use the Service or the Equipment outside Canada.
e. Loss of Service Due to Power Failure, or Internet Service or Equipment Failure. You acknowledge and understand that the Service does not function in the event of power failure and that the Service requires a fully functional broadband connection to the Internet and that in the event of an outage, malfunction or other unavailability of your Internet connection or related equipment, including without limitation, through any misconfiguration of, improper modification to, or any tampering with, your computer or any other related hardware or software, the Service will not function or operate and you will continue to be billed for the Service unless and until you or Bell terminate the Service in accordance with this Agreement. A power failure or disruption may require you to reset or reconfigure the Equipment prior to using the Service.
Power disruptions or failures, ISP outages or unavailability and tampering with or otherwise improperly modifying equipment (including the Equipment listed in Section 3 below) will also prevent dialling to emergency service numbers including the
f. Service Subject to Maintenance or Other Service Outages. You acknowledge and understand that Bell may perform maintenance on the Service from time to time without notice to you, and during such maintenance periods, some or all elements of the Service may not work properly or at all. You also acknowledge and understand that if there is a Service outage for any reason, including without limitation, as described elsewhere in this Agreement, such outage will prevent ALL elements of the Service from working. Neither Bell nor its officers, employees, agents or contractors are liable for any claim by you relating to a maintenance or other service outage, regardless of how such outage was caused and whether it could have been avoided.
3. OWNERSHIP, USE AND RETURN OF EQUIPMENT.
Bell will provide to you, without additional charge, use of certain items of equipment necessary for your use of the Service including, without limitation, the following equipment (collectively, the "Equipment"):
Any other equipment or services stated by Bell as necessary to use the Service from time to time shall be your responsibility, and at your expense.
The Equipment shall at all times remain the property of Bell or its suppliers. You may only use the Equipment in connection with the Service, and agree not to tamper with, damage, or hack, the Equipment or the Service, including, without limitation, changing any electronic serial numbers or equipment identifiers, install any unauthorized attachments, devices, instructions, or software, or abuse, reverse engineer, decompile or disassemble any part of the Service or Equipment, or to use the Service or the Equipment for other than its intended purpose. You shall allow Bell or its authorized representatives access to the Equipment at any time as may be reasonably required by Bell.
You agree to maintain the Equipment in compliance with applicable operating instructions provided by Bell and to exercise the utmost care to protect the Equipment from damage while on your premises or otherwise under your control. You are responsible for any loss, theft, or damage to the Equipment, and may incur costs to repair or replace the Equipment should one of these events occur. You agree to promptly notify Bell of any loss, theft, or damage by contacting the Service Help Desk at 310-BELL (310-2355).
You shall return all Equipment to Bell if your subscription to the Service expires or is terminated or otherwise cancelled for any reason. Upon any such expiration or termination, you will be sent a prepaid return kit to facilitate the return of such Equipment to Bell. You acknowledge and agree that in the event that you do not return the Equipment to Bell within 15 days of the date on which Bell sends you the return kit, a fee of $75.00 will apply and be charged to your Account.
It is your responsibility to safeguard the Equipment and the systems you use to access the Service from theft, unauthorized use or system corruption. Without limiting other provisions of the Agreement, any detriment caused to the Service as a result of your failure to secure your system may result in the immediate termination of your Service.
4. EMERGENCY SERVICES - 9-1-1 DIALLING.
(a) Not Standard Wireline Telephone 9-1-1 Service, Not Available In All Locations. You acknowledge and understand that the Service does NOT support standard wireline telephone 9-1-1 access to emergency services, but rather a limited 9-1-1-type service available only as described herein. You acknowledge and agree that this limited 9-1-1-type service is not available in all areas.. The 9-1-1-type dialling is different in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from standard wireline telephone based 9-1-1 service. You agree to inform any persons who may be present at the physical location where you utilize the Service of the non-availability of standard wireline telephone 9-1-1 dialling from your Service and Equipment and of the important differences and limitations of the Service's 9-1-1-type service as compared with standard wireline telephone 9-1-1 dialling that are set forth in this Agreement and outlined at www.bell.ca/digitalvoice.
(b) 9-1-1-Type Dialling. Where available as described above, the Service offers a 9-1-1-type dialling service which is different and limited in a number of important ways from traditional 9-1-1 service. You will not be permitted to use the Service unless you have agreed that the Service is subject to these Terms and Conditions and the Tariffs which form the Agreement, and have also, in accordance with specific and distinct documentation provided to you by Bell, acknowledged and expressly agreed to such 9-1-1 differences and limitations. You acknowledge and understand that when you dial 9-1-1 through the Service, your call will be routed to an operator designated by Bell Canada (an "Operator"). You understand that the Service will NOT automatically provide such Operator with your address/location and any other necessary information,, and that you must orally provide the Operator with your specific address/location, together with any other necessary information, and the emergency service(s) that you require (i.e. Police, Fire and/or Ambulance). Once you have successfully provided the Operator with your specific address/location and all other necessary information, the Operator will route your call to the appropriate Public Safety Answering Point (PSAP) corresponding to the address/location you have provided, and you further acknowledge and agree that the call may not be handled by such PSAP in the same way as traditional wireline 9-1-1 services.
You are solely responsible for providing the Operator with the correct address/location information and any other necessary information when you dial 9-1-1. If you do not provide the Operator with the correct address/location information, you acknowledge and agree that emergency services may be dispatched to the wrong address, and you further agree to indemnify and hold harmless Bell and its suppliers from any and all claims or actions arising out of any such misrouted 9-1-1 calls.
(c) 9-1-1-Type Dialling Subject to Outages. You acknowledge and understand that if there is a Service outage for any reason, including, without limitation, as described elsewhere in this Agreement, such outage will prevent ALL elements of the Service, including 9-1-1-type dialling, from working.
(d) Network Congestion affects 9-1-1-Type Dialling. Due to the nature of and constraints on the Service at this time, you acknowledge and understand that there is a greater possibility of network congestion, connection congestion (including as a result of your sharing of your network connection with other devices), and/or reduced speed in the routing of a 9-1-1 type communication made utilizing the Service as compared to standard wireline telephone 9-1-1 dialling over the public telephone networks.
(e) 9-1-1-Type Dialling not available outside of Canada & 9-1-1-Type Dialling for addresses within Canada but outside of Bell Canada's traditional operating territory. You acknowledge and agree that 9-1-1 calls originating from an address or location outside of Canada cannot be routed to any PSAP or emergency service by the Operator. You also acknowledge and agree that 9-1-1 calls originating from any address or location within Canada but outside of Bell Canada's traditional operating territory will be routed to another operator prior to being routed to the appropriate PSAP. As a result, you acknowledge and agree that delays may occur in the dispatching of emergency services to the correct address, and Bell therefore recommends that customers outside of Bell Canada's traditional operating territory should use a traditional wireline service to call 9-1-1.
5. MINIMUM REQUIREMENTS, SERVICE ELIGIBILITY.
In addition to any other requirements set out in the Agreement, in order to use the Service, you must reside within Bell Canada's operating territory and you require, at a minimum, at your sole expense and responsibility, the following: (additional details of which and/or any changes to, can be found at www.bell.ca/digitalvoice):
You are required to provide a designated email address for the purposes of receiving communications from Bell relating to the Service, including, without limitation, 9-1-1 type dialling activation or changes. You acknowledge and agree that you will maintain such email address at all times so that it is available to receive such messages, and to check and review such messages as you use the Service. You acknowledge and agree that such messages will be deemed to have been received by you upon Bell sending such messages to the email address you designate, whether or not you have actually received or reviewed such messages.
6. RATES AND CHARGES.
The Tariffs set out the approved rates, fees and charges (collectively, "Fees") applicable to the Service. You shall pay the Fees associated with your use of the Service, together with any other Fees specified in the Tariffs and any applicable commodity taxes, including all sales, retail, use, goods and services, value-added, excise and similar taxes levied or assessed by any government authority (collectively, "Taxes").
7. REFUND/CANCELLATION POLICIES.
Your order for the Service will be confirmed and you will have entered into a binding contract with Bell in accordance with the terms set forth in the Agreement when (i) you submit your online order and it is accepted by Bell, or (ii) your phone order is confirmed by email or other form. If you subscribe to the Service on a month-to-month basis and cancel your Service during a billing period, you must call 310-BELL (310-2355) to advise Bell of such cancellation. Your charges will be pro-rated for such billing period and your Account will be cancelled within twenty-four (24) hours of Bell's receipt of your cancellation notice.
Upon cancellation or termination of the Service, the cancellation fee for any non-returned Equipment as specified in Section 3 of the Agreement will be charged as liquidated damages. Upon cancellation or termination of the Service, you must call 1-877-864-7435 in addition to your obligation to return the Equipment, as set forth in Section 3.
8. SECURITY, PRIVACY.
The Service utilizes the public Internet and third party networks to transmit voice and other communications. Bell cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Bell, its affiliates and its agents and suppliers shall be relieved from all liability in connection therewith. You further acknowledge and agree that the certain privacy safeguards including, without limitation, Universal Call Trace and Per Line Call Blocking, are not available with the Service.
For information on how user information is collected, used and disclosed by Bell, please consult www.bell.ca/digitalvoice.
9. MISCELLANEOUS.
This Agreement represents the entire agreement and understanding between Bell and you and supersedes all prior agreements, understanding or representations, written or oral, regarding the subject matter hereof. You may not assign or transfer this Agreement except in accordance with Bell Canada's Terms of Service. A French language version of the Agreement is available at http://www.bell.ca/telephonienumerique. Une version en langue française de ce document est disponible à l'adresse suivante http://www.bell.ca/telephonienumerique.