|
|
Aliant's Terms of Service Aliant's Terms of Service, Item 11 of the General Tariff, set out the basic rights and obligations of both Aliant and its customers with respect to tariffed services. Except where noted below, and unless otherwise agreed by the customer and Aliant, the below Terms of Service also apply to non-tariffed services. Aliant reserves the right to make changes to the Terms of Service for non-tariffed services. Items which are italicized and in bold typeface apply only to non-tariffed services and do not form part of the Terns of Service for tariffed services as approved by the CRTC. The rates, charges and conditions on which certain services and facilities of Aliant are offered. The rates, charges and conditions on which certain services and facilities of Aliant are offered are regulated by the Canadian Radio-television and Telecommunications Commission (the Commission), and are set out in Aliant's Tariffs approved by the Commission. A complete set of Aliant's Tariffs is available online at this location http://www.mtt.ca/About/Tariffs/  General Except as otherwise specified, these Terms of Service apply with regard to services for which the Canadian Radio-television and Telecommunications Commission has approved a tariff.These terms also apply to non-tariffed telecommunications services, unless otherwise agreed by the customer and Aliant. These Terms do not limit Aliant's liability in cases of deliberate fault or gross negligence, or of breach of contract where the breach results from the gross negligence of Aliant.
Tariffed services offered by Aliant are subject to the terms and conditions contained in:
- applicable provisions of Aliant's tariffs; and - any written application, to the extent that it is not inconsistent with these Terms or the tariffs. Effective date of change Subject to below, changes to these Terms or the tariffs, as approved by the Commission, take effect on their effective date even though applicants or customers have not been notified of them or have paid or been billed at the old rate.Aliant will notify customers of any changes to the rates or charges for non-tariffed services. The old non-recurring charges for the transaction in question apply where service which was to be provided by a certain agreed upon date was, through no fault of the applicant or customer, not so provided and in the meantime a rate increase has gone into effect.
Obligation to provide service Aliant is not required to provide service to an applicant where:
- the applicant owes amounts to Aliant that are past due other than as a guarantor; or - the applicant does not provide a reasonable deposit or alternative required pursuant to these Terms. Application for service or for additional service and/or equipment in connection with service already established may be made orally or shall be in writing if Aliant so requires in order to establish the identity of the applicant or customer in circumstances where Aliant has reasonable grounds for believing that the applicant or customer intends to defraud Aliant or to evade payment.
Where Aliant does not provide service on application, it must provide the applicant with a written explanation upon request.
Aliant Facilities Except where otherwise stipulated in its tariffs or by special agreement, Aliant must furnish and install all facilities up to a demarcation point.
Upon termination of service, the customer must return Aliant equipment.
Aliant must bear the expense of maintenance and repairs required due to normal wear and tear to its facilities, except that Aliant may charge for the additional expense incurred when the applicant or customer requires maintenance and repair work to be performed outside of regular working hours. This section does to apply where otherwise stipulated in Aliant's tariffs or by special agreement.
A customer who has deliberately, or by virtue of a lack of reasonable care, caused loss or damage to Aliant's facilities, may be charged the cost of restoration or replacement. In all cases, customers are liable for damage caused to Aliant facilities by customer-provided facilities.
Aliant's right to enter premises Aliant'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, and to collect proceeds from coin telephones.
Prior to entering premises, Aliant must obtain permission from the applicant, customer or other responsible person.
Entry is not subject to above and above in cases of emergency or where entry is pursuant to a court order.
Upon request, Aliant's agent or employee must show valid Aliant identification prior to entering premises.
Two-party and four-party service Aliant provides one-party, two-party and four-party service. Service is provided subject to the availability of suitable facilities and applicable Aliant policies in effect, for example, regarding grades of service provided in specific service areas. Where possible, the basic grade of service Aliant will provide to its customers is one-party (single party) service.
Deposits and alternatives Except as otherwise stipulated in its tariffs, Aliant cannot require deposits from an applicant or customer at any time unless the applicant or customer:
- has an unsatisfactory credit rating with Aliant due to payment practices in the previous two years regarding Aliant services; or - clearly presents an abnormal risk of loss. Aliant must inform the applicant or customer of the specific reason for requiring a deposit, and of the possibility of providing an alternative to a deposit, such as arranging for third party payment, a bank letter of credit or a written guarantee from a third person whose credit is established to the satisfaction of Aliant.
An applicant or customer may provide an alternative to a deposit provided it is reasonable in the circumstances.
At no time may the total amount of all deposits and alternatives provided by or for an applicant or customer exceed three months' charges for all services, including anticipated long distance charges.
Deposits earn interest in accordance with the applicable provisions of Aliant's tariffs.
Whenever Aliant holds a deposit it must indicate the following on that customer's monthly account:
- a telephone number of a Aliant representative to whom any enquiries regarding the deposit may be directed. Aliant must review the continued appropriateness of deposits and alternative arrangements at ten month intervals, or sooner upon customer request. When service is terminated or the conditions which originally justified them are no longer present, Aliant must promptly refund the deposit, with interest, or return the guarantee or other written undertaking, retaining only any amount then owed to it by the customer.
Restrictions on use of service 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 within the meaning of Aliant's tariffs is permitted only upon approval by Aliant in accordance with the applicable provisions of its tariffs.
Customers are prohibited from using Aliant's services or permitting them to be used for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls.
Customers are prohibited from using Aliant's services or permitting them to be used so as to prevent a fair and proportionate use by others. For this purpose, Aliant may limit use of its services as necessary. In the case of any party line customer who unduly interferes with the use of any other service on the same line, Aliant may require the customer to obtain a higher grade of service, where facilities are available.
Aliant's facilities must not be re-arranged, disconnected, removed, repaired or otherwise interfered with except in cases of emergency, where specified in Aliant's tariffs or by special agreement. Terminal equipment provided by the customer may be connected with Aliant's facilities, pursuant to the provisions of the General Tariff or by special agreement.
No payment may be exacted, directly or indirectly from any person by any party other than Aliant for the use of any of Aliant's services, except where otherwise stipulated in Aliant's tariffs or by special agreement.
Customer liability for calls Customers are responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them.
Aliant may, if it so elects, collect all or any part of such charges from the person placing the call or who may otherwise be responsible for the charges incurred.
Dispute procedure Customers may dispute charges for calls which they do not believe originated from or were accepted at their telephones. The dispute procedure set out in the introductory pages of the telephone directory should be followed and customers must pay the undisputed portion of the bill.
Confidentiality of customer records Unless a customer consents in writing or disclosure is pursuant to a legal power, all information kept by Aliant regarding the customer, other than the customer's name, address and listed telephone number, are confidential and may not be disclosed by Aliant to anyone other than:
- a person who, in the reasonable judgment of Aliant, is seeking the information as an agent of the customer; - 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; - an agent retained by Aliant in the collection of the customer's account, provided the information is required for, and is to be used only for that purpose; or - 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. Aliant's liability for disclosure of information contrary to above is not limited by below.
Upon request, customers are permitted to inspect any Aliant records regarding their service.
Directories Customers are entitled to receive, without charge, as many copies of the most recent telephone directory for their district, both white and yellow pages, and as many copies of subsequent updated directories as they are published, as are reasonably required, up to a maximum of one per telephone, whether provided by the customer or Aliant.
Aliant must provide, without charge, replacement directories required as a result of reasonable wear and tear.
The contents of Aliant's directories may not be published or reproduced in any form without Aliant's written consent.
Directory errors and omissions In the case of errors or omissions in directory white and yellow pages standard listings, whether or not the error or omission is with regard to a telephone number, Aliant's liability is limited to making a refund or cancelling any charge associated with such listings for the period during which the error or omission occurred. However, where the error or omission is occasioned by Aliant's negligence, Aliant is also liable for the amount calculated in accordance with the section below.
In the case of errors in telephone numbers in directory white and yellow pages listings, unless central office facilities are unavailable, Aliant must provide reference of call service, free of charge, until termination of the customer's service or distribution of updated directories for that district in which the number or listing is correct.
Aliant-initiated changes in telephone numbers and service arrangements Customers do not have any property rights in telephone numbers assigned to them. Aliant may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and the anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.
Whenever Aliant changes a 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.
Refunds in cases of service problems Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Aliant facilities, Aliant'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 Aliant is advised promptly of the problem. No request is necessary where a problem in primary exchange service lasts 24 hours or more from the time Aliant is advised of the problem. However, where the problem is occasioned by the Aliant's negligence, Aliant is also liable for the amount calculated in accordance with the section below.
Limitation of Aliant Liability Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, Aliant's liability for negligence, including negligence with regard to intercept, reference of call service and emergency service from coin telephones, and also for breach of contract where the breach results from the negligence of Aliant, is limited to the greater of $20.00 and three times the amounts refunded or cancelled in accordance with the section above and above, as applicable.
Aliant is not liable for:
- defamation or copyright infringement arising from material transmitted or received over Aliant's facilities; - infringement of patents arising from combining or using customer-provided facilities with Aliant's facilities; or - copyright or trademark infringement, passing off or acts of unfair competition arising from directory advertisements furnished by a customer or a customer's directory listing, provided such advertisements or the information contained in such listings were received in good faith in the ordinary course of business. Payment time limit Telephone service shall be billed in arrears and all amounts owing shall be due on the bill date shown on the bill. Failure to receive a bill shall not relieve the customer from the responsibility of making prompt payment to Aliant.
Subject to below and below, charges cannot be considered past due until the time prescribed in Aliant's Late Payment Charge Tariff has expired.
In exceptional circumstances, for example when a customer has incurred a significant amount of long distance charges and presents an abnormal risk of loss to Aliant, prior to the normal billing date, Aliant 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 below, the charges can be considered past due three days after they are incurred or three days after Aliant demands payment, whichever occurs later.
No charge disputed by a customer can be considered past due unless Aliant has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
Aliant may request immediate payment in extreme situations, provided that a notice has been issued pursuant to above and the abnormal risk of loss has substantially increased since that notice was given or Aliant has reasonable grounds for believing that the customer intends to defraud Aliant.
Liability for unbilled and underbilled charges Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled or underbilled charge except where:
- in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred. In the circumstances described in above, unless there has been customer deception, Aliant cannot charge the customer interest on the amount of the correction. If the customer is unable to promptly pay the full amount owing, Aliant must attempt to negotiate a reasonable deferred payment agreement.
Liability for charges that should not have been billed and those that were overbilled In the case of a recurring charge that should not have been billed or that was overbilled, a customer must be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one 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.
Non-recurring charges that should not have been billed or that were overbilled must be credited, provided that the customer disputes them within 150 days of the date of the bill.
A customer who is credited with any amount that should not have been billed or that was overbilled must also be credited with interest on that amount at the rate payable for interest on deposits that applied during the period in question.
Minimum contract period and cancellation before service commencement The minimum contract period for Aliant services is one month commencing from the date the service is provided, except where otherwise stipulated in Aliant's tariffs or where Aliant has stipulated a longer period in instances in which special construction is necessary or special assemblies are installed.
A customer who cancels or delays a request for service before installation work has started cannot be charged by Aliant. Installation work is considered to have started when the customer has advised Aliant to proceed, and Aliant has incurred any related expense. A customer who cancels or delays a request for service after installation work has started, but before service has started, will be charged the lesser of the full charge for the entire minimum contract period plus the 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.
Customer-initiated termination of service Customers who give Aliant reasonable advance notice may terminate their service after expiry of the minimum contract period, in which case they must pay charges due for service which has been furnished.
Before expiry of the minimum contract period, customers may terminate their service in which case they must pay the full charges for the entire minimum contact period or, in the following circumstances, charges due for service which has been furnished:
- 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 Aliant is notified; - in the case of directory listings for which a specific charge applies and in the case of directory listings with regard to joint use of service, in the event of the death of the listed party or any joint user or when either acquires separate telephone service, the termination is effective from the date Aliant is notified of the death or from the date of the commencement of the separate service; - where a change to the base rate, exchange or local service area affects the customer's service, the termination is effective from the date Aliant is notified of the customer's desire to terminate service; - where a customer replaces any Aliant service with another Aliant service, the termination is effective from the date of the replacement, subject to the terms of Aliant's tariffs and, notwithstanding above, the terms of the contract for service in question; - where a customer's service is taken over without lapse by a new customer at the same location, 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; -where the circumstances specified in above through above do not apply, the minimum contract period is greater than one month at the same location, and the customer has given Aliant advance notice, the termination is effective when the customer pays the termination charge specified in the contract for the service in question or, where such charge is not specified, a termination charge of one-half of the charges remaining for the unexpired portion of the minimum contract period; and -in the case of directory listings for which a specific charge applies and in the case of directory listings with regard to joint use of service, where the listing has appeared in a directory and the customer's service is terminated or the listed party or joint user moves to another location, and the customer has given Aliant advance notice, the termination is effective on the date of that service termination or move, subject to a minimum charge of one month, and as of such time as no reference of call service is provided from the old to the new number. Aliant-initiated suspension or termination of service Aliant may suspend or terminate a customer's service only where the customer:
- fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to these Terms; - fails to comply with the terms of a deferred payment agreement; - repeatedly fails to provide Aliant with reasonable entry and access in conformity with items above and above. - uses or permits others to use any of Aliant's services so as to prevent fair and proportionate use by others; - uses or permits others to use any of Aliant's services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls; - contravenes above or above. - fails to provide payment when requested by Aliant pursuant to above. - Aliant may also apply partial temporary disconnection of service, which provides for the restriction of access to message toll service, for non-payment of charges purchased from, or billed on behalf of, other long distance service providers that are not disputed. Partial temporary disconnection is applied, at Aliant's discretion, to customers served from central offices equipped with electronic switching. -As an exception to below, the Company may suspend or terminate a customer's service according to above when accounts with charges purchased from or billed on behalf of other long distance service providers are not paid. Aliant may not suspend or terminate service in the following circumstances:
-failure to pay charges for a different class of service at different premises or for service in the name of another customer, including failure to pay the account of another customer as a guarantor; -where the customer is prepared to enter into and honour a reasonable deferred payment agreement; or where there is a dispute regarding the basis of the proposed suspension or termination, provided payment is being made for undisputed outstanding amounts and Aliant does not have reasonable grounds for believing that the purpose of that dispute is to evade or delay payment. Prior to suspension or termination, Aliant must provide the customer with reasonable advance notice stating:
- the scheduled suspension or termination date; - that a reasonable deferred payment agreement can be entered into (where the reason for suspension or termination is failure to pay); - the reconnection charge; - the telephone number of a Aliant representative with whom any dispute may be discussed; and - that disputes unresolved with this representative may be referred to a senior Aliant manager. In addition to the notice required by above, Aliant must, at least 24 hours prior to suspension or termination, advise the customer or another responsible person that suspension or termination is imminent, except where:
- immediate action must be taken to protect Aliant from network harm resulting from customer-provided equipment; or - the suspension or termination occurs by virtue of a failure to provide payment when requested by Aliant pursuant to above. Except with customer consent or in exceptional circumstances, suspension or termination may occur only on business days between 8 a.m. and 4 p.m., unless the business day precedes a non-business day in which case disconnection may not occur after 12 noon.
Suspension or termination does not affect the customer's obligation to pay any amount owed to Aliant.
In the case of services that have been suspended, unless suspension occurs during the minimum contract period, Aliant must make a daily pro rata allowance based on the monthly charge for such services.
Aliant must restore service, without undue delay, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated.
Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, Aliant 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.
|
|