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TERMS OF USE

Article  0 TERMS OF USE

Please read important information below.

These Terms of Use constitute the agreement ("Agreement") between dptelecom.ca ("we", "our" or "DP telecom") and the user ("you", "user", "customer") of the DP telecom services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as a telephone, analog telephone adapter or IP or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service and it is applies to all lines of each DP telecom account. If you purchased Equipment from a retail store or supplier other than DP telecom (“Retail Supplier”), you are a “Retail Customer” for the purposes of this Agreement.

TO ACTIVATE OR USE THE SERVICE, YOU CONFIRM THAT YOU ARE OF ADULT AND THAT YOU ACCEPT THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS.

 

Article 1. DURATION OF SERVICE.

1.0 CANCELLATION BEFORE INSTALLATION: A cancellation fee of $40.00 will be charged on any order processed and not completed.

Termination of service following customer request: You acknowledge and agree that this contract may only be terminated by you following a duly written notice sent to DP telecom at least 30 days before the date of the next billing.

the subscription fees are understood as being 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 this Service, the subscription to this basic Service is concluded for the subscription period chosen by the Customer (the "Extended Subscription Period") and cannot be terminated prematurely. Extended Subscription Periods are 12 months, depending on the Base Service in question and applicable promotions. Upon expiration of the Extended Subscription Period, 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 notice of non-renewal from the Customer within thirty (30) days prior to the expiration of the Extended Subscription Period or any renewal period, if applicable.

Termination or suspension of service initiated by DP telecom: You acknowledge and agree that DP telecom may, at   at any time, suspend or terminate this contract 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 a breach of any term of this Agreement.

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Moving costs: a moving cost is invoiced for moving the internet service to any new address. These fees vary depending on the duration of your service before moving.    

  • Moving after 0 to 24 months of continuous service fee, moving fee: $69.99 -136bad5cf58d_ 

  • Moving between 24 months and 36 months of continuous service, moving costs: $49.99 136bad5cf58d_

  • Moving after 36 months of service, moving expenses: Free

The cancellation or termination of your subscription by DP telecom does not release you from the obligation to pay the sums due 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 prescribed recurring basis for a term that begins on the date DP Telecom activates your Service and ends 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 termination at least 30 days prior to the end of the applicable Service Term. You are purchasing 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 disconnection charges, if any, will all become immediately due and payable. You will also be responsible for charges for the next term of service in the event that you fail to provide the required thirty day notice as described above.

1.1(b) Other Commitments. If you accept an upgrade or other promotional material benefit or plan, such as a month of free 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 of activation of the new equipment or acceptance of the promotion or benefit. The commitment period will be communicated as part of the promotion or plan. If you disconnect the 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. that you received when the commitment period began. Recovery charges are cumulative and in addition to any other charges you may owe DP Telecom, including disconnection charges.

1.2 Business Bundles Use of the Service and the Device. If you subscribe to the DP Telecom Business Plan, 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 the Device for automatic dialing, continuous or extended call forwarding, telemarketing (including, but not limited to, charitable or political solicitation or interrogation ), fax or voicemail broadcast 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 the Device is, or was, at any time, inconsistent with normal small business or patterns. use of business travel, that you at any time use the Service or the Device for one of the activities mentioned above or similar activities.

1.3 Prohibited Uses: Unlawful Uses and Inappropriate Conduct

You may only use the Service and the Device for lawful purposes. You must 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, or similar behavior. Further, you must not use the Service or the Device to impersonate another person; send bulk unsolicited 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 any third party's intellectual property or personal rights; or exceed your authorized access to the Service. Subject to applicable law, we may, but are not obligated to, monitor use of the Service for violations of this Agreement. We may remove or block communications while 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, its affiliates, directors, officers, agents and employees from harm. . We reserve the right to deactivate your service immediately and without 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 any manner mentioned above. In the event of such disconnection 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. and payable. If we believe you have used the Service or Device for any 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 such communications and information to such authorities. In addition, DP Telecom will provide detailed customer and call information in response to lawful government requests, subpoenas, and court orders to protect its rights and property, and in response to requests from law enforcement, where failure to disclose information may result in imminent harm to the customer or other persons. Further, DP Telecom reserves all of its rights at law and equity to act against anyone who uses the Services unlawfully or improperly. 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 the plan that applies to how you used the service or device, or terminate the plan. Usage above these levels or other improper usage will result, at DP Telecom's sole discretion, in immediate mandatory transfer to another plan, suspension or appropriate termination of service. You acknowledge that if your Service is terminated under this provision, you are subject to all applicable termination charges.

1.4 Use of the Service and Device by Customers Outside of Canada and the United States. Although we encourage you to use the Service to make international calls from Canada and the United States, and to use the Service while traveling, DP Telecom offers and supports the Services only in Canada, the United States United States and some other countries. DP Telecom service is designed to work with generally encumbered 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 using DP Telecom services , DP Telecom does not warrant that use of the Service by you 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 the DP Telecom service areas.

1.5 Copyright, Trademarks; unauthorized use of peripherals; firmware or software.

(a) Copyrights, 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, "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 plan customers only, you (i) have not been granted any license to use 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, other than a non-transferable and revocable right 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 intended solely 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 own 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 liability arising out of your use of such interface device with the Service. You may not decompile, disassemble or reverse engineer or attempt to derive the source code from the binary code of 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 charges, if any, all of which will be immediately payable. You must not attempt to hack or otherwise disrupt the Service or render any use of the Service that is inconsistent with its intended purpose.

1.7 Service flight. You must not use or obtain the Service in a manner that circumvents the policies and procedures, including DP Telecom in an unlawful 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 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 your service being disabled and additional charges to you. Until such time as we receive notice of theft, fraudulent or unauthorized use, you will be responsible for all use of the Service using a device stolen from you and any stolen, fraudulent or unauthorized use of the Service if so. whether or not it involves a stolen device. DP Telecom reserves all of its rights at law and equity to act against anyone who uses the Services or Devices unlawfully or improperly.

1.8 Device Return (Applies to business customers only)

(a) Deal 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 from the date you disconnected the service. If you receive cartons or devices that are visibly damaged, you should note the damage on the carrier's freight bill or receipt and retain a copy. In such an event, you must keep the original carton, all packing 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 ask your new service provider to port a number to 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 relevant carrier (s ) of the success of the orifice. Once the service is canceled and the port is terminated, you will be responsible for all charges and fees through the end of that billing cycle, including cancellation charges. If a port fails for any reason, your service and contract with us will not end, 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 Online Accounts. 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 successful completion of the requested port or we will select the most appropriate billing plan for all other digits and/or devices on your DP Telecom account, and you will continue to be responsible for all related charges and fees to the remaining services on your DP Telecom account. Once the porting of the requested number is complete, you will be responsible for all charges and fees through the end of that billing cycle, including any cancellation charges applicable to the ported number.

1.11 Ownership and Risk of Loss. You own the device and assume all risk 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 Composition. 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 only support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which appear elsewhere in this Agreement) services in one or more (or all) areas of service.

1.13 Directory Listing. The phone numbers you get from us will not be listed in any telephone directories. Telephone numbers transferred from your local telephone 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 Change of number. You do not have ownership of 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 change is necessary. We will give you reasonable written notice of any such change, except in an emergency any 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 operator in order to use all alarm monitoring functions 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 certain 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 warranties or conditions 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 any problems with the service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

 

Article 2. PAYMENT FEES, DISCONNECTION

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 method of payment or your 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 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; cost of using; emergency costs; international usage fees; feature charges, equipment purchases, taxes, disconnection fees, and shipping and handling charges.

The amount of such fees and charges will be published on our site and may change from time to time. DP Telecom may introduce new products and services at special introductory prices. Introductory price 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 charges usage fees in full one-minute increments that are rounded up to the next minute, unless otherwise specified in the rate schedules found on our website. DP Telecom charges fractional usage fees in full cents that are brought up when the value is $0.005 or more and down when the value is less than $0.005, unless otherwise specified 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 you on our system.

Service Charge – This is the base fee associated with your service. This price includes the 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 bills for calls to directory assistance and other information services.

International Usage Charges – These are charges for 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 UK.

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 need to pay for equipment associated with your DP Telecom service with your payment method. However, there may be occasions when DP Telecom will offer you the option of billing equipment to your account.

Taxes – DP Telecom is required to charge and collect local, state and federal taxes imposed on DP Telecom customers by various taxing authorities. DP Telecom passes on all taxes it collects to the relevant tax authority.

2.2 Billing. You must notify us in writing within seven (7) days of receipt of your statement from your credit card issuer if you dispute any DP Telecom charges regarding such statement or you will be deemed to have waived any right to dispute such charges. . All notices of disputed charges should be directed 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 receipt of written notice from you terminating our power to impose your method of payment, after which time we will charge you the disconnection fee, if any, and all other exceptional charges and disconnect your service. We may disable 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 collect such amounts, including, without limitation, collection costs and legal fees and expenses.

2.4 Interruption of Service. 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 reason, you will only be responsible for any charges accrued up to the date of disconnection, including a prorated portion of the final term Services charges. If your Service is disconnected due to your breach of any provision of this Agreement, you will be responsible for all charges through the end of the then-current Service Period, including unbilled charges, plus disconnection charges. , 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 credit and exchange personal information with any other credit/consumer reporting agency and financial institution relating to this Agreement.

2.5 Taxes. Federal, state, municipal, local or other governments may assess taxes, surcharges and/or fees from 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 charges 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, utilities, goods and services, harmonized or other taxes, levies or charges now in effect, or enacted in the future, which arise out of or as a result of your subscription or use of or payment for the Service or Device. These amounts are in addition to payment for the Service or Devices and will be charged to your payment method as defined in this Agreement. If you are exempt from the payment of these taxes, you must provide us with a certificate of origin which satisfies the legal requirements attesting to the exemption from tax. 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 be applicable. 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 of them is cheaper will be applied.

2.7 Limits and Conditions.

  • For overconsumption of local calls in covered areas, users will be notified but not charged. Any constant overconsumption in areas not covered will be charged.

  • All overage in Canada and/or the United States is charged at the regular long distance rate

  • Net clearing areas (areas not covered by major carriers in the country) are not covered and will be charged based on the rate charged by independent carriers in that area. You can consult the list of these areas in the long distance section of our site.

 

Article 3. EMERGENCY SERVICES – 911

3.1 Availability of E911 Membership.

DP Telecom offers a form of 911 (911) service that is similar to traditional 911 service, but has some important differences and limitations when compared to Enhanced 911 (E911) service available in most locations, in conjunction with telephone service. traditional. With both traditional 911 and E911 service, your call is routed directly to the nearest emergency response center. Also, 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 be asked 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 said directly unless you do so and if disconnected, you must dial 911 again.

3.2 Registration of Physical Location. 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 recorded address. You must update your 911 dialing information if you move your device to a different location and/or add a new line to your account. Regardless of what address you register for, 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 work in the event of a power 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 service, including 911.

3.4 User responsibilities

(a) Changing Number / Adding / Porting New Numbers. You must successfully register your location of use for each changed, newly added, or newly ported number of people for 911 service to function as intended. Regardless of what you sign up 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 material differences in the limitations of VoIP service and 911 service versus E911 service, as set forth above.

3.5 network congestion; Reduced speed for routing or dialing 911 calls answering machine. 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 using our 911 Dialing service are handled or handled by any local emergency response center. We accept no responsibility 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 accept no responsibility or liability in the event 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 waive all claims or such causes of action, arising out of or relating to our 911 Dialing service unless such claims or Causes of Action If you are uncomfortable with the limitations of 911 service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.

3.7 Alternate 911 Arrangements. If you are not comfortable with the limitations of 911 service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.

 

Article 4. LIMITATION OF LIABILITY; COMPENSATION; GUARANTEES

4.1 Limitation of Liability. We will not be liable for any delay or failure to provide service, including 911 service, at any time or from time to time, or any interruption or degradation in 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 facility 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;

  • equipping or relocating facilities;

  • service, hardware, 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 anyone 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 device, failure of an incoming or outgoing communication, the inability 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 Fee 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 PROVIDERS THAT PROVIDE SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, CONSEQUENTIAL, SPECIAL DAMAGES , EXECUTIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, wrongful death, DAMAGES, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING FROM OR IN RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING THE INABILITY TO ACCESS EMERGENCY SERVICES PERSONNEL THROUGH THE SERVICE to call 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 ANY FUNDAMENTAL CLAUSE AND ANY OTHER THEORIES OF LIABILITY AND WHETHER WE WILL NOT APPLY WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY PARTICULAR KIND OF DAMAGES.

4.3 Indemnification 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 including, but not limited to, 911 to dial 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 Absence of guarantees 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, OF TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING FROM USAGE OF TRADE, DEALING OR PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITATION WHICH WE MAKE NO WARRANTY OR CONDITION THAT THE SERVICE OR DEVICE WILL BE FREE OF DEFECTS, DELAYS, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER DP TELECOM ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR SUPPLIER THAT PROVIDES THE SERVICE DEVICES OR PRODUCTS TO CUSTOMER UNDER THIS AGREEMENT OR THE SERVICE, WILL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR ISSUING LOCAL FACILITIES OR EQUIPMENT OR UNAUTHORIZED ACCESS TO OR MODIFICATION, THEFT OR DESTRUCTION OF, CUSTOMER DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION BY ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHODS, REGARDLESS if the damage caused is THE RESULTS OF DP TELECOM'S OR ITS SELLER SERVICE PROVIDER OR FAULT. DESCRIPTIONS ABOUT THE SERVICE OR DEVICE, IF ANY, BY DP TELECOM OR DP TELECOM AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.

4.5 Device Warranties (Applies to Residential and Business Plan customers only).

(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 these documents.

(b) No Warranty. IF A LIMITED WARRANTY DOES 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 Limited Customer Guarantee. 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 Customers Limited Warranty does not apply to any failure or other breach of manufacturing defect, and, without limiting the generality of the foregoing, does not apply to defects caused by damage in transit. , handling or handling detailing retail customers. 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 Customer should include with the Device returned a letter stating that the Retail Customer has returned the Device for warranty repair or replacement and specifying the nature of the defect. The Retail Customer Limited Warranty shall 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) Disclaimer. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN THE WARRANTIES FOR THE DEVICE SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE LIMITED WARRANTY EXPRESSLY TO RETAIL CUSTOMER HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER. WHETHER EXPRESS OR IMPLIED, AND EXCLUDES ANY WARRANTY OR CONDITION OF MERCHANTABILITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING OUT OF USAGE OF TRADE, DEALING OR PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR" OR WILL NOT MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING SHALL NOT BE DEEMED TO LIMIT ANY LIABILITY OR LIMITATION OF WARRANTIES OR CONDITIONS STATED IN THE DOCUMENTATION SUPPLIED WITH THE DEVICE.

4.6 No Third Party Beneficiaries. Nothing in this Agreement provides any person or entity that is 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 or to you or any person, whether authorized or not, using your Service or the 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 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 the Content does not conform to the stated requirements. 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 endorsement of your users' or users' use or content.

 

Article 5. MISCELLANEOUS

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 any legal action brought 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 in the Province of Quebec and waive any and all objections as to the Inappropriate site or forum.

5.2 Mandatory Arbitration and No Jury Trial. Except to the extent contrary to 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 an arbitrator. uniquely administered by a Canadian arbitration body of our choice. The arbitration will take place in Quebec, Quebec and must be conducted in French. The arbitrator's decision will follow the ordinary meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief beyond what this agreement provides, or (ii) 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 RELATING TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER such claim or cause of action or forever waived, except to the extent such limitation is prohibited by law. applies. All claims must be arbitrated individually. Except to the extent contrary to applicable law, you will not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring any previously consolidated actions in arbitration. This arbitration clause constitutes a waiver of any right to a jury trial and an agreement that will be subject to the jurisdiction AND CONDUCT of arbitration proceedings, 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 in the terms of the agreement, and the rates applicable to the services available on our website constitutes the entire agreement between you and DP Telecom and governs the use of the Service by you, members of your household, guests and employees. This Agreement supersedes and supersedes all prior agreements between you and DP Telecom and any and all prior or contemporaneous statements, writings, understandings, undertakings, or representations regarding its subject matter.

5.5 Severability of Provisions. 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 non-enforceability will not invalidate or make enforceable any other part of this Agreement.

 

Article 6. FUTURE CHANGES 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 shall 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 by us is required during your use of the Service. The Agreement as posted or otherwise modified in accordance with applicable law, supersedes and supersedes the previously agreed to electronic and written terms of service, including, without limitation, all terms included in the device packaging. and also supersedes any written terms provided to Retail Customers in connection with the Retail Distribution, including, but not limited to, any written terms included in the packaging of the Device. 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 confidentiality 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 Personal Information is provided under this Agreement, Customer confirms that he or she consents, and all other necessary consents have been obtained, to the use, collection and disclosure by DP Telecom, DP Telecom assignees, and their respective affiliates, agents and contractors for the following purposes: (i) provision of products and customer services, (ii) contract management and administration, ( iii) establishing customer relationship and communication with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement and collection of unpaid debts, (vi) the protection, management and promotion of their business interests and activities; (vii) provide information to Customer about other products and services that may be provided; and (viii) otherwise than required or permitted by law or this Agreement. Customer may withdraw its consent with respect to clause (vii) above, without affecting its other arrangements with DP Telecom, by notifying DP Telecom's Privacy Officer by writing to support@dptelecom.ca. For the purposes of this Section 7.2, “personal information” does not include a subscriber's name, address and telephone number that is listed in a publicly available telephone directory.

 

Article 8. EXPORT CONTROLS

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 transfer any part of the Service or any Direct Product to any destination, company or person restricted or prohibited by such laws or regulations.

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