Please read the important information below.
These Terms of Use constitute the agreement ("Agreement") between dptelecom.ca ("we", "us" or "DP telecom") and the user ("you", "user", "customer") of DP telecom's services and any related products or services ("Service"). This Agreement governs both the Service and any peripherals, such as a telephone, an analog or IP telephone adapter or any other IP-based connection device ("Device" or "Equipment"), used in conjunction with the Service and applies to all lines on each DP telecom account. If you purchased Equipment from a retail store or a provider other than DP telecom ("Retail Provider"), you are a "Retail Customer" for the purposes of this Agreement.
TO ACTIVATE OR USE THE SERVICE, YOU CONFIRM THAT YOU ARE OF LEGAL AGE AND THAT YOU ACCEPT THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTOOD THE TERMS AND CONDITIONS.
1.0 CANCELLATION BEFORE INSTALLATION: A cancellation fee of 40.00$ will be charged on any order Processed and not completed.
Termination of Service upon Customer Request: You acknowledge and agree that this Agreement may only be terminated by you upon duly written notice to DP telecom at least 30 days prior to the next billing date.
the subscription fees are understood to be an indivisible monthly package: the package for each month started is due in full.
Extended Subscription: If the Customer has chosen an extended subscription period for a Basic Service in order to benefit from a reduced Price for that Service, the subscription to that Basic Service is concluded for the subscription term chosen by the Customer (the “Extended Subscription Period”) and cannot be terminated before the end of the term. Extended Subscription Periods are 12 months, depending on the Basic Service in question and any promotions in effect. Upon expiration of the Extended Subscription Period, the subscription to a Basic Service will be automatically renewed, at the regular Price then in effect for the Service in question, for periods of twelve (12) months for Internet access and telephony unless DP telecom receives from the Customer a notice of non-renewal within thirty (30) days prior to the expiration of the Extended Subscription Period or any renewal period, as applicable.
Termination or Suspension of Service by DP telecom: You acknowledge and agree that DP telecom may, at any time, suspend or terminate this Agreement by giving you 10 days' notice by telephone, fax or email) for any reason whatsoever, including, but not limited to, non-payment of fees, violation of the Abuse Management Policy, illegal use of the Services or violation of any term of this Agreement.
Related Fees:
Moving Fee: A moving fee is charged for moving your internet service to a new address. This fee varies depending on how long you have had the service before you move.
Moving after 0 to 24 months of service continuous fee, moving fee: 69.99$
Moving between 24 months and 36 months of continuous service, moving costs: 49.99$
Moving after 36 months of service, moving costs: Free
The cancellation or termination of your subscription by DP telecom does not release you from the obligation to pay the sums owed to it, for the period prior to the date of entry into force of the measure taken, as well as all costs, incurred, where applicable, for the recovery of unpaid sums.
1.1 (a) Term of Service. The Service is offered and paid for on a recurring basis prescribed for a term that begins on the date DP Telecom activates your Service and ends on the day before the same date in the following period (the “Service Term”). Subsequent terms of this Agreement automatically renew for the Service Term even if you give us written notice of disconnection at least 30 days before the end of the applicable Service Term. You are purchasing the Service for the full Service Term, which means that if you attempt to disconnect Service before the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges, plus a disconnection fee, if any, all of which will become immediately due and payable. You will also be responsible for charges for the next Service Term in the event that you do not provide the required thirty days’ notice as described above.
1.1(b) Other Commitments. If you accept an upgrade or other promotional or plan hardware benefit, such as a free month of service, free installation, a discount, or other incentive, there may be a commitment associated with the benefit you have accepted (“Commitment”). To the extent there is a commitment, it begins on the date you activate the new equipment or accept the promotion or benefit. The commitment period will be communicated as part of the promotion or plan. If you disconnect service before the end of the commitment period, you agree to pay DP Telecom a recovery fee in an amount equal to the difference between the price paid and the regular price of the product, service, or other benefit you received at the time the commitment period began. Recovery fees are cumulative and are in addition to any other fees you may owe DP Telecom, including disconnection fees.
1.2 Business Bundles Use of the Service and Device. If you subscribe to the DP Telecom Business Bundle, the Service and Device are provided to you as a small business or business travel user. You may not resell or transfer the Service or Device to any third party without our prior written consent. You are prohibited from using the Service or Device for autodialing, continuous or extended call forwarding, telemarketing (including, but not limited to, charitable or political solicitation or polling), faxing or voicemail broadcasting or blasting by fax or voicemail. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or Device is, or was, at any time, inconsistent with normal small business or business travel usage patterns, that you have at any time used the Service or Device for any of the above-mentioned activities or similar activities.
1.3 Prohibited Uses: Illicit Uses and Improper Conduct
You may only use the Service and Device for lawful purposes. You may not use the Service or Device in any way that is compliant or improper, including in a way that is threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, or any similar conduct. In addition, you may not use the Service or Device to impersonate another person; send unsolicited bulk messages; use robots, data mining techniques or other automated devices or programs to catalog, download, record or otherwise reproduce or distribute information from the Service or use such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate a third party's intellectual property or personal rights; or exceed your authorized access to the Service. Subject to applicable laws, we may, but are not obligated to, monitor use of the Service for violations of this Agreement. We may delete or block communications at any time or if we suspect a violation of this Agreement or if we deem it necessary to protect the Service, or DP Telecom, its parent company, affiliates, directors, officers, agents, and employees from harm. We reserve the right to deactivate your Service immediately and without prior notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose or in a manner mentioned above. In the event of such decoupling, you will be responsible for all taxes and amounts due under this Agreement, including those referred to in Section 2.1, in addition to disconnection fees, if any, all of which will be immediately due and payable. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our sending of such communications and information to such authorities. In addition, DP Telecom will provide customer and call details in response to lawful government requests, subpoenas, court orders, and to protect its rights and property, and in response to law enforcement requests where failure to disclose the information may result in imminent harm to the customer or others. In addition, DP Telecom reserves all of its rights in law and equity to take action against anyone who uses the services unlawfully or inappropriately. If you use the service or device in a manner that is inconsistent with the normal use of your service or plan, you will be required, at DP Telecom's sole discretion, to pay the rates for the service or plan that apply to the way you used the service or device, or terminate the plan. Use outside these levels or other irregular use will, at DP Telecom's sole discretion, result in immediate mandatory transfer to another plan, suspension, or appropriate termination of the service. You acknowledge that if your Service is terminated under this provision, you are subject to all applicable termination fees.
1.4 Use of the Service and Device by Customers Outside Canada and the United States. While we encourage you to use the Service to make calls abroad from Canada and the United States, and to use the Service while you travel, DP Telecom offers and supports the Services only in Canada, the United States, and certain other countries. DP Telecom Service is designed to work with generally burdened broadband Internet connections. However, if the broadband Internet connection you are using is not in a DP Telecom service area, and/or your ISP or other broadband provider places restrictions on the use of DP Telecom Services, DP Telecom does not guarantee that your use of the Service is permitted by other jurisdictions or by any other ISP or broadband service provider. You will be solely responsible for any violation of local laws and regulations resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device in violation of the laws of jurisdictions outside DP Telecom service areas.
1.5 Copyright, trademarks; unauthorized use of peripherals; firmware or software.
(a) Copyright, Trademarks. The Service and the Device and any firmware or software used to provide the Service or provided to you in conjunction with the provision of the Service, or incorporated into the Device, and all services, information, materials and materials on the Websites are protected by copyright or other intellectual property laws and international treaty provisions. All of our websites, company names, service marks, trademarks, trade names, logos and domain names (collectively, the “Marks”) are and shall at all times remain our exclusive property. Nothing in this Agreement grants you any right or license to use our Marks.
(b) unauthorized use of peripherals; firmware or software. For residential and business customers only, you (i) have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with the provision of the Service, or incorporated into the Device, other than a non-transferable, revocable license to use the firmware or software in object code form (without making any modifications thereto) strictly in accordance with the terms and conditions of this Agreement, and (ii) expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide your passwords, codes or other information or assistance that enables you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided. You represent and warrant that you have all required rights, including software and/or firmware licenses, to use any interface device not provided by us. Further, you agree to indemnify and hold us harmless from any and all liability arising from your use of such interface device with the Service. You may not decompile, disassemble, or reverse engineer or attempt to derive source code from the binary code of the firmware or software.
1.6 Any modification of the Device or Service. You may not change the serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will be responsible for all charges through the end of the then-current Service Period, including unbilled charges, plus disconnection fees, if any, all of which will be immediately due. You must not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
1.7 Theft of Service. You must not use or obtain the Service in a manner that circumvents DP Telecom's policies and procedures, including in an illegal or improper manner. You must notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, used fraudulently, or otherwise used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use, or unauthorized use of the Service. Failure to do so in a timely manner may result in the deactivation of your Service and additional charges to you. Until we receive notice of the theft, fraudulent, or unauthorized use, you will be responsible for all use of the Service using a Device stolen from you and for any stolen, fraudulent, or unauthorized use of the Service, whether or not it involves a stolen Device. DP Telecom reserves all its rights in law and equity to take action against any person who uses the services or devices illegally or inappropriately.
1.8 Device Return (Applies to Business Customers Only)
(a) Business customers may return the device to us if 1) you cancel services within the money back guarantee period and 2) you return the device to us with a valid return authorization number within fourteen (14) days of the date you disconnected service. If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and retain a copy. In such a case, you must keep the original carton, all packaging materials and undamaged parts in the same condition in which they were received by the carrier and contact our customer service department immediately at 1-866-948-8358.
1.10 Number portability
(a) Telephone Number Portability. You may be able to take, or "port," your current number to another service provider. If you request your new service provider to port a number from us, and we receive your request from the new service provider, we will terminate our service for that number shortly after notification to DP Telecom by the applicable carrier(s) of the successful porting. Once service is canceled and the port is complete, you will be responsible for all charges and fees through the end of that billing cycle, including cancellation fees. If a port is unsuccessful for any reason, your service and contract with us will not terminate; you will remain a DP Telecom customer, and you will continue to be responsible for all charges and fees related to your DP Telecom service.
(b) Multiple Accounts Online. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices on your account, you are required to notify us of your intention to terminate all services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for all other numbers and/or devices on your DP Telecom account, and you will continue to be responsible for all charges and fees related to the remaining services on your DP Telecom account. Once the port of the requested number is complete, you will be responsible for all charges and fees until the end of that billing cycle, including any cancellation fees applicable to the ported number.
1.11 Ownership and Risk of Loss. You own the Device and assume all risks of loss, theft, accident, or damage to the Device from the time it is delivered to you until the time (if any) when it is returned to us under this Agreement.
1.12 Special Dialing. The Service does not support 0+ or carrier assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling cards). The Service may not support 311, 511 and/or other x11 (other than dialing specified as 911 and 411, which are set forth elsewhere in this Agreement) services in one or more (or all) Service Areas.
1.13 Directory Listing. The phone numbers you obtain from us will not be listed in phone directories. Phone numbers transferred from your local phone company may, however, be listed. Therefore, someone with your phone number may not be able to use a reverse directory to look up your address.
1.14 Number Change. You do not have ownership rights to any telephone number assigned to or used by you. We have the right to change any number as we determine, in our sole discretion, that such a change is necessary. We will give you reasonable prior written notice of any such change, except in cases of emergency, when oral notice must be given.
1.15 Compatibility with other services.
(a) Security Systems. The Service may not be compatible with all security systems. It may be necessary to maintain a telephone connection through your local carrier to use all alarm monitoring features for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.
(b) Certain Broadband, Cable Modem and Other Services. You acknowledge that there may be other services with which the Service may be deemed incompatible. You also acknowledge that some broadband service providers may provide modems that prevent the transmission of communications using the Service. We do not guarantee that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranty or condition relating to the compatibility of the Service with any particular broadband service.
1.16 Customer Service. We offer different types and levels of customer service depending on a number of factors, including the service you use and the issues you encounter. We assume no obligation to provide support services for any third-party products or services or for service issues caused by third-party products or services. Unless you have entered into a separate service agreement with us, we may change customer service options at any time.
2.1 Billing. When the Service is activated, you must provide us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or payments. If your payment method expires, you close your account, your billing address changes, or the payment method is canceled and replaced due to loss or theft, you must notify us immediately. We will bill all fees, commissions, taxes, and surcharges for each term of Service in advance (except for usage-based fees, which will be billed to you monthly in arrears, and any other fees we decide to bill in arrears) to your payment method, including, but not limited to:
Activation fees, service fees; usage fees; emergency fees; international usage fees; advanced feature charges, equipment purchases, taxes, disconnection fees, and shipping and handling fees.
The amount of these fees and charges will be published on our website and may change from time to time. DP Telecom may introduce new products and services at special introductory prices. Introductory prices may change at DP Telecom's discretion. When required by law, notification of invoices will be sent via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe us at any time exceeds 50 $. DP Telecom bills usage charges in full-minute increments that are rounded up to the next minute, unless otherwise stated in the rate schedules found on our website. DP Telecom charges fractional usage fees in full cents which are scaled up when the value is 0.005 $ or more and down when the value is less than 0.005 $, unless otherwise stated in the rate schedules found on our website.
The above rates are defined as follows:
Activation Fee – This amount covers the cost of setting up your account and activating our system.
Service Fee – This is the base charge associated with your service. This price includes call charges defined by your plan; features associated with your plan; and basic account services.
Usage Charges – If you exceed the number of calling minutes on your plan, DP Telecom will charge you for the minutes you use above your allowance. DP Telecom also charges for calls to directory assistance and other information services.
International Usage Fees – These are the fees associated with calls to destinations outside of Canada, the United States, and Puerto Rico. However, if you are on an unlimited international calling plan, DP Telecom will not charge you for calls to France, Ireland, Italy, Spain, and the United Kingdom.
Advanced features, add-ons, premium services – DP Telecom charges additional fees for enhanced features, add-ons, and other added products and services.
Equipment Purchases – In most cases, you will be required to pay for the equipment associated with your DP Telecom service with your payment method. However, there may be occasions when DP Telecom will offer you the option to bill the equipment to your account.
Taxes – DP Telecom is required to bill and collect local, provincial, and federal taxes imposed on DP Telecom customers by various taxing authorities. DP Telecom passes all taxes it collects to the appropriate taxing authority.
2.2 Billing. You must notify us in writing within seven (7) days after receipt of your statement from your credit card issuer if you dispute DP Telecom charges relating to that statement or you will be deemed to have waived any right to dispute such charges. All notices of disputed charges must be addressed to DP Telecom Customer Service at 1-866-948-8358
2.3 Payment and collection.
(a) Payment. Your subscription to the Service authorizes us to collect from your Payment Method. This authorization will remain valid until thirty (30) days after we receive written notice from you of termination of our authority to enforce your Payment Method, after which we will charge you the disconnection fee, if applicable, and any other exceptional charges and disconnect your service. We may deactivate your Service at any time and in our sole and absolute discretion, if any charge to your Payment Method is declined or reversed, your Payment Method expires and you have not provided us with a valid replacement Payment Method, or in the event of any other non-payment of account fees.
(b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges under this Agreement and all costs we incur to recover those amounts, including, without limitation, collection costs and legal fees and expenses.
2.4 Service Discontinuation. We reserve the right to suspend or discontinue the Service generally or to disconnect your service, at any time, in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your service without a stated cause, you will only be liable for charges accrued up to the date of disconnection, including a pro rata portion of the final service term charges. If your Service is disconnected due to your violation of any provision of this Agreement, you will be liable for all charges through the end of the then-current Service Term, including unbilled charges, plus the disconnection fee, if any, all of which will be immediately due and payable.
DP Telecom will continue to collect outstanding amounts on disconnected accounts and may report and exchange credit and personal information with any other credit/consumer reporting agency and financial institution relating to this Agreement.
2.5 Taxes. Federal, provincial, municipal, local, or other governments may assess taxes, surcharges, and/or fees for your use of the DP Telecom Service. These fees may be a fixed amount or a percentage of your DP Telecom fees and may change from time to time without notice. These fees are based on the rates applicable to the address you provide to us. You are responsible for all federal, provincial, municipal, local, or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized, or other taxes or charges now in effect or enacted in the future that arise from or as a result of your subscription to, use of, or payment for the Service or a Device. These amounts are in addition to payment for the Service or Devices and will be billed to your Payment Method as defined in this Agreement. If you are exempt from paying these taxes, you must provide us with a certificate of origin that meets the legal requirements attesting to the tax exemption. The tax exemption will not apply from the date of receipt of this certificate.
2.6 Disconnection Fees For termination of service before the end of a contract, a disconnection fee will apply. Either the user will pay for 50% of the other provisions of the contract or the user will pay for three months of service. Whichever one is less expensive will apply.
2.7 Limits and Conditions.
For overconsumption of local calls in covered areas, users will be warned but not charged. Any constant overconsumption in uncovered areas will be billed.
All overconsumption in Canada and/or the United States is billed at the standard long distance rate.
Net clearance zones (areas not covered by the country's major carriers) are not covered and will be charged based on the rate charged by independent carriers in that area. You can see the list of these zones in the long distance section of our website.
3.1 Availability of E911 composition.
DP Telecom offers a form of 911 (911) service that is similar to traditional 911 service, but has some important differences and limitations compared to Enhanced 911 (E911) service available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is routed directly to the nearest emergency response center. In addition, with E911 service, your callback number and address are visible to the emergency response center operator. With DP Telecom 911 service, your call is routed to a national emergency call center. The call center operator will ask for or confirm your location information, and then transfer your 911 call to the emergency response center closest to your location. You must be prepared to provide or confirm your address and callback number with the operator. Do not hang up directly unless you have to and if disconnected you must dial 911 again.
3.2 Physical Location Registration. You must ensure that your location information, once registered with DP Telecom, is kept up to date at all times. In the event that you are unable to speak during the 911 call, the attendant would dispatch emergency response vehicles to your last registered address. You must update your 911 dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register at, the National Emergency Response Center does not receive your phone number or physical location when you place a 911 call. Your 911 service is activated when you subscribe to DP Telecom.
3.3 Service Interruptions. The 911 Dialing Service will not operate in the event of a power outage or broadband outage, or if your broadband, ISP, or DP Telecom service is suspended or disconnected. Following a power outage or interruption, you may need to reset or reconfigure your device before using the service, including 911.
3.4 User Responsibilities
(a)Number Change/Add/Port New Numbers. You must successfully register your location for each changed, newly added, or newly ported number of people for 911 service to function as intended. Regardless of what you register to answer, the National Emergency Response Center does not receive your phone number or physical location when you place a 911 call.
(b) Transportation Limitations for Household Residents and Other Guests. You must inform household residents, guests, and other persons who may be present at the physical location where you use DP Telecom Service of the important differences in the limitations and service of VoIP 911 Service versus E911 Service, as set forth above.
3.5 Network Congestion; Reduced speed for routing or answering 911 calls. There may be a greater possibility of network congestion and/or reduced speed in routing a 911 call using the Service compared to traditional 911 service over traditional public telephone networks.
3.6 Disclaimer and Indemnification. We have no control over whether, or how, calls to our 911 Dialing Service are handled or processed by any local emergency response center. We disclaim all liability for the conduct of local emergency response centers and the national emergency call center. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency call center. We disclaim all liability or responsibility if any such third-party data used to route calls is incorrect or gives an erroneous result. Neither DP Telecom nor its agents or employees shall be liable for any claim, loss or damage, and you hereby waive any and all claims or causes of action, arising out of or related to our 911 Dialing service unless such claims or causes of action If you are not comfortable with the limitations of 911 service, you should consider having another means of accessing traditional 911 or E911 services or disconnecting the service.
3.7 Other 911 Provisions. If you are uncomfortable with the limitations of 911 service, you should consider having another means of accessing traditional 911 or E911 services or disconnecting the service.
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Service, at any time or from time to time, or for any interruption or degradation of voice quality that is caused by any of the following:
an act or omission of an underlying carrier, service provider, supplier or third party;
equipment, network or installation failure;
improvement of equipment, network or installation or modification;
force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fires, wars, riots, acts of terrorism and government actions;
equipment, lack of network or installation;
the equipment or relocation of facilities;
service, equipment, network or facility failure caused by loss of power to you;
outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to use of the Service caused by a third party;
any act or omission by you or any person using the Service or Device provided to you, or any other cause beyond our control, including, but not limited to, failure or defect of any peripheral device, failure of any incoming or outgoing communication, failure of communications (including, but not limited to, 911) to be connected or completed or transmitted.
Our aggregate liability under this Agreement shall in no event exceed the Service Fees in respect of the relevant period.
4.2 Exclusion of liability for damages. IN NO EVENT SHALL DP TELECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND ANY OTHER SERVICE PROVIDER WHO PROVIDES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, DAMAGES, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING THE INABILITY TO ACCESS PERSONAL EMERGENCY SERVICES THROUGH THE SERVICE. 911 or obtain emergency assistance. The limitations described herein apply to claims based on BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, AND ANY OTHER THEORIES OF LIABILITY AND APPLY REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Compensation and survival.
ages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, but not limited to, 911 dialing or device.
(b) Survival. The provisions of this Agreement which by their meaning and context are intended to survive the termination or expiration of this Agreement shall survive.
4.4 No Warranties on the Service. To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES OR CONDITIONS ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTIES OR CONDITIONS THAT THE SERVICE WILL MEET THE CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING WHICH WE GIVE NO WARRANTY OR CONDITION THAT THE SERVICE OR DEVICE WILL BE FREE FROM DEFECT, DELAY, INTERRUPTION, ERROR, AND FROM DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER DP TELECOM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR THAT PROVIDES SERVICES OR PRODUCTS TO CUSTOMER UNDER THIS AGREEMENT OR THE SERVICE, SHALL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR OWN PLACES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION BY ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER THE DAMAGES CAUSED ARE THE RESULT OF DP TELECOM'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. Descriptions of the Service or Device, if applicable, provided by DP Telecom or DP Telecom agents or installers are for informational purposes only and are not intended as a warranty or condition of any kind.
4.5 Device Warranties (Applies only to Residential and Business Plan customers).
(a) Limited Warranty. Except as provided herein, if you received the Device from us and the Device included a limited warranty at the time of receipt, you should refer to the separate limited warranty document provided with the Device for information on the limitation and exclusion of certain warranties and conditions. Remedies for breach of these warranties will be limited to those expressly set forth in those documents.
(b) No Warranty. IF A LIMITED WARRANTY DOES NOT COME WITH YOUR DEVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCEPT THE DEVICE “AS IS.” Your Device is not eligible for replacement, repair, or refund AFTER THE MONEY-BACK GUARANTEE PERIOD.
(c) Retail Customer Limited Warranty. For Retail Customers only, we offer a limited warranty on the Device against manufacturing defects for a period of one (1) year from the date of purchase. This Retail Customer Limited Warranty does not apply to any failure or other breach due to a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to defects caused by damage during shipping, handling, or retailer manipulation. The Retail Customer's sole remedy for any breach of this Retail Customer Limited Warranty is to obtain a repaired or replaced Device, following the return procedures set forth in Section 2.9. Retail Customers must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and specifying the nature of the defect. The Retail Customer Limited Warranty will also apply in lieu of the limited warranty provided with the Device if such included limited warranty is less favorable to the Retail Customer than that contained herein.
(d) Warning. To the extent permitted by applicable law, OTHER THAN THE DEVICE WARRANTIES SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE EXPRESSLY LIMITED RETAIL CUSTOMER WARRANTY HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES OR CONDITIONS ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR-FREE" OR WILL NOT MEET THE CUSTOMER'S NEEDS. The foregoing SHALL NOT BE CONSIDERED TO LIMIT ANY LIABILITY OR LIMIT THE WARRANTIES OR CONDITIONS SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
4.6 No Third Party Beneficiaries. Nothing in this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement or cause of action or creates any other third party beneficiary rights.
4.7 Content. You will be responsible for any liability that may arise from Content transmitted by you or to you or any person, whether authorized or unauthorized, using your Service or Device (each such person, a “User”). You must ensure that you and your User’s use of the Service and Content comply at all times with all laws, regulations, and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your Content or your Users from the Service, if we determine, in our sole and absolute discretion, that such use or Content does not comply with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section does not constitute a review or approval of your Users’ use of the Service or Content.
5.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. For legal action to enforce an arbitration award or for any other reason consistent with Section 5.2, you submit to the personal and exclusive jurisdiction of the courts located within the Province of Quebec and waive any objection to venue or forum inconvenience.
5.2 Mandatory Arbitration and No Jury Trial. Except to the extent prohibited by applicable law, any dispute or claim between you, a member of your household, or any customer or employee of you and us arising out of or relating to the Service or Device shall be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Quebec City, Quebec, and shall be conducted in French. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator shall have the authority to: (i) award relief beyond what this Agreement provides, or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER such claim or cause of action arises or be forever barred, except to the extent such limitation is prohibited by applicable law. All claims must be arbitrated individually. Except to the extent prohibited by applicable law, you will not commence, join, or otherwise participate in any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated actions in arbitration. This arbitration clause constitutes a waiver of any right to a jury trial and an agreement that arbitration proceedings will be subject to the jurisdiction and conduct of the arbitration proceedings in Ontario.
5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
5.4 Entire Agreement. This Agreement, including any future changes that may occur to the terms of the Agreement, and the applicable rates for the Services available on our website constitute the entire agreement between you and DP Telecom and govern the use of the Service by you, members of your household, guests, and employees. This Agreement supersedes all prior agreements between you and DP Telecom and any and all prior or contemporaneous statements, writings, understandings, commitments, or representations regarding its subject matter.
5.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or unenforceability will not invalidate or render enforceable any other part of this Agreement.
Article 6. FUTURE MODIFICATIONS TO THIS AGREEMENT
We may change the terms and conditions of the Service and this Agreement, and the amounts charged under this Agreement, from time to time. Notice will be deemed given and effective on the date posted on www.dptelecom.ca, or as otherwise may be required by applicable law. Subject to applicable law, such changes become binding on you on the day they are posted on our site and no further notice from us is required upon your use of the Service. The Agreement, as posted or otherwise amended in accordance with applicable law, supersedes any previously accepted electronic and written terms of Service, including, without limitation, any terms included in the Device packaging and also supersedes any written terms provided to Retail Customers as part of retail distribution, including, but not limited to, any written terms included in the Device packaging. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement in accordance with Section 2.1.
Article 7. PRIVACY
7.1 Network Security. DP Telecom service uses, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. DP Telecom is not responsible for any lack of privacy that may be experienced with respect to the service. Please refer to our privacy policy at www.dptelecom.ca for more information.
7.2 Personal Information. To the extent that Personal Information is provided under this Agreement, the Customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by DP Telecom, DP Telecom's assignees, and their respective affiliates, agents and subcontractors for the following purposes: (i) the provision of products and services to Customers, (ii) contract management and administration, (iii) establishing customer relationships and communicating with Customers, (iv) developing, implementing and managing products and services for Customers, (v) assisting in the enforcement of laws and the collection of outstanding debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the Customer about other products and services that may be provided; and (viii) otherwise as required or permitted by law or this Agreement. The Customer may withdraw its consent in respect of clause (vii) above, without affecting its other arrangements with DP Telecom, by notifying DP Telecom's Privacy Officer in writing to [email protected]. For the purposes of this Section 7.2, “personal information” does not include a subscriber’s name, address and telephone number that are listed in a publicly available telephone directory.
You agree to comply with all relevant export laws and regulations of Canada, and without limiting the generality of the foregoing, you expressly agree that you shall not export, directly or indirectly, re-export, divert or dispose of any part of the function or any direct product to any destination, company or person restricted or prohibited by such laws or regulations.
